[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72571-72572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28836]



20 CFR Part 404

[Docket No. SSA-2013-0040]
RIN 0960-AH49

Extension of Expiration Date for Mental Disorders Body System 

AGENCY: Social Security Administration.

ACTION: Final rule.


SUMMARY: We are extending the expiration date of the Mental Disorders 
body system in the Listing of Impairments (listings) in our 
regulations. We are making no other revisions to this body system in 
this final rule. This extension will ensure that we continue to have 
the criteria we need to evaluate mental disorders at step three of the 
sequential evaluation processes for initial claims and continuing 
disability reviews.

DATES: This final rule is effective on December 3, 2013.

FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Director, Office 
of Medical Listings Improvement, 6401 Security Boulevard, Baltimore, MD 
21235-6401, (410) 965-1020. For information on eligibility or filing 
for benefits, call our national toll-free number, 1-800-772-1213, or 
TTY 1-800-325-0778, or visit our Internet site, Social Security Online, 
at http://www.socialsecurity.gov.



    We use the listings in appendix 1 to subpart P of part 404 of 20 
CFR at the third step of the sequential evaluation process to evaluate 
claims filed by adults and children for benefits based on disability 
under the title II and title XVI programs.\1\ 20 CFR 404.1520(d), 
416.920(d). The listings are in two parts: Part A has listings criteria 
for adults and Part B has listings criteria for children. If you are 
age 18 or over, we apply the listings criteria in part A when we assess 
your impairment or combination of impairments. If you are under age 18, 
we first use the criteria in part B of the listings when we assess your 
impairment(s). If the criteria in part B do not apply, we may use the 
criteria in part A when those criteria give appropriate consideration 
to the effects of your impairment(s). 20 CFR 404.1525(b), 416.925(b).

    \1\ We also use the listings in the sequential evaluation 
process we use to determine whether a beneficiary's disability 
continues. See 20 CFR 404.1594, 416.994, and 416.994a.

Explanation of Changes

    In this final rule, we are extending the date on which the mental 
disorders body system listings will no longer be effective from January 
2, 2014 to January 2, 2015.
    We continue to revise and update all of the listings on a regular 
basis, including those body systems not affected by this final 
rule.2 3 We intend to update the mental disorders body 
system listings as quickly as possible, but may not be able to publish 
the final rule revising the listings in this body system by the current 
expiration date. We published a Notice of Proposed Rulemaking in the 
Federal Register on August 19, 2010, in which we proposed

[[Page 72572]]

changes to the Mental Disorders listings. We received comments from 
2,243 public commenters. We are drafting a final rule for the listings 
in this body system that responds to the significant suggestions and 
concerns raised by the commenters. Many of the claims for disability 
that we receive involve mental disorders, and a large number of people 
would be affected by any changes we make to the Mental Disorders 
listings. We are carefully considering the changes necessary to update 
these listings before we publish a final rule. Therefore, we are 
extending the current expiration date for the Mental Disorders body 
system listings.

    \2\ 75 FR 51336 (2010). We also recently published a final rule 
that makes a technical change by replacing the term ``mental 
retardation'' in our listings and elsewhere in our rules to 
``intellectual disability.'' 78 FR 46499 (2013).
    \3\ Since we last extended the expiration date of some of the 
listings in June 2012 (77 FR 35264 (2012)), we have published final 
rules revising the medical criteria for evaluating congenital 
disorders that affect multiple body systems (78 FR 7659 (2013)), and 
the medical criteria for evaluating visual disorders in the special 
senses and speech body system (78 FR 18837 (2013)). We have also 
published proposed rules that would revise the medical criteria for 
evaluating genitourinary disorders (78 FR 7695 (2013)) and 
respiratory system disorders (78 FR 7968 (2013)), and provide 
criteria for evaluating growth disorders and weight loss in children 
(78 FR 30249 (2013)).

Regulatory Procedures

Justification for Final Rule

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 in promulgating regulations. 
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final regulation. The 
APA provides exceptions to the notice-and-comment requirements when an 
agency finds there is good cause for dispensing with such procedures 
because they are impracticable, unnecessary, or contrary to the public 
    We determined that good cause exists for dispensing with the notice 
and public comment procedures. 5 U.S.C. 553(b)(B). This final rule only 
extends the date on which the mental disorders body system listings 
will no longer be effective. It makes no substantive changes to our 
rules. Our current regulations \4\ provide that we may extend, revise, 
or promulgate the body system listings again. Therefore, we have 
determined that opportunity for prior comment is unnecessary, and we 
are issuing this regulation as a final rule.

    \4\ See the first sentence of appendix 1 to subpart P of part 
404 of 20 CFR.

    In addition, for the reasons cited above, we find good cause for 
dispensing with the 30-day delay in the effective date of this final 
rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes to 
the listings in this body system. Without an extension of the 
expiration date for these listings, we will not have the criteria we 
need to assess medical impairments in the mental disorder body system 
at step three of the sequential evaluation processes. We therefore find 
it is in the public interest to make this final rule effective on the 
publication date.

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the requirements for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 
it. We also determined that this final rule meets the plain language 
requirement of Executive Order 12866.

Regulatory Flexibility Act

    We certify that this final rule does not have a significant 
economic impact on a substantial number of small entities because it 
affects only individuals. Therefore, a regulatory flexibility analysis 
is not required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    This rule does not create any new or affect any existing 
collections, and therefore does not require OMB approval under the 
Paperwork Reduction Act.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security-Disability Insurance; 96.002, Social Security-Retirement 
Insurance; 96.004, Social Security-Survivors Insurance; 96.006, 
Supplemental Security Income)

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-Age, Survivors and Disability Insurance, Reporting and 
recordkeeping requirements, Social Security.

    Dated: November 22, 2013.
Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons set out in the preamble, we are amending appendix 1 
to subpart P of part 404 of chapter III of title 20 of the Code of 
Federal Regulations as set forth below.


Subpart P--[Amended]

1. The authority citation for subpart P of part 404 continues to read 
as follows:

    Authority: Secs. 202, 205(a)-(b) and (d)-(h), 216(i), 221(a), 
(i), and (j), 222(c), 223, 225, and 702(a)(5) of the Social Security 
Act (42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a), (i), and 
(j), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 
110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 
U.S.C. 902 note).

2. Amend appendix 1 to subpart P of part 404 by revising item 13 of the 
introductory text before Part A to read as follows:

Appendix 1 to Subpart P of Part 404--Listing of Impairments

* * * * *
    13. Mental Disorders (12.00 and 112.00): January 2, 2015.
* * * * *
[FR Doc. 2013-28836 Filed 12-2-13; 8:45 am]