Extension of the Expiration Date for Several Body System Listings

AGENCY:

Social Security Administration (SSA).

ACTION:

Final rule.

SUMMARY:

We use the Listing of Impairments (the listings) at the third step of the sequential evaluation process when we evaluate your claim for benefits based on disability under title II and title XVI of the Social Security Act (the Act). This final rule extends until July 3, 2006, the date on which listings for four body systems will no longer be effective and extends until July 2, 2007, the date on which the listings for eight body systems will no longer be effective.

Other than extending the date during which the listings will be effective, we have made no revisions to the listings; they remain the same as they now appear in the Code of Federal Regulations. This extension will ensure that we continue to have the medical evaluation criteria in the listings to adjudicate disability claims in these body systems at step three of the sequential evaluation process.

DATES:

This final rule is effective on June 16, 2005.

ADDRESSES:

The electronic file of this document is available on the date of publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html. It is also available on the Internet site for SSA (i.e., Social Security Online) at http://policy.ssa.gov/pnpublic.nsf/LawsRegs.

FOR FURTHER INFORMATION CONTACT:

Robert Augustine, Social Insurance Specialist, Office of Regulations , Room 107, Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-0020 or TTY (410) 966-5609. 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 out Internet site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

We use the listings in appendix 1 to subpart P of part 404 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. The listings are in two parts. There are listings for adults (part A) and for children (part B). If you are an individual age 18 or over, we apply the listings in part A when we assess your claim, and we never use the listings in part B. If you are an individual under age 18, we first use the criteria in part B of the listings. If the listings in part B do not apply, and the specific disease process(es) has a similar effect on adults and children, we then use the criteria in part A (see 20 CFR 404.1525 and 416.925).

In this final rule, we are extending until July 3, 2006, the date on which the listings for the following four body systems will no longer be effective:

Cardiovascular System (4.00 and 104.00)

Digestive System (5.00 and 105.00)

Genito-Urinary System (6.00 and 106.00)

Multiple Body Systems (110.00)

We are also extending until July 2, 2007, the date on which the listings for the following eight body systems will no longer be effective:

Growth Impairment (100.00)

Special Senses and Speech (2.00 and 102.00)

Respiratory System (3.00 and 103.00)

Hematological Disorders (7.00 and 107.00)

Endocrine System (9.00 and 109.00)

Neurological (11.00 and 111.00)

Mental Disorders (12.00 and 112.00)

Immune System (14.00 and 114.00)

As a result of medical advances in disability evaluation and treatment, and our program experience, we periodically review and update the listings. We intend to publish proposed and final rules to update the listings as expeditiously as possible, and since we last extended the expiration date of the listings, we have published several notices of proposed rulemaking (or advance notices of proposed rulemaking). However, we will not be able to publish revised listings for these body systems by July 1, 2005, the current expiration date. Therefore, we are extending the current expiration date for these listings as indicated above.

In final rules published on June 20, 2003 (68 FR 36911), we extended to July 1, 2005, the date on which the listings for the following body systems would no longer be effective: Growth Impairment; Special Senses and Speech; Respiratory System; Cardiovascular System; Digestive System; Genito-Urinary System; Hemic and Lymphatic System; Skin; Endocrine System; Multiple Body Systems (110.00); Neurological; Mental Disorders; Neoplastic Diseases, Malignant; and Immune System.

Not all listings require effective date extensions at this time. For example, on June 19, 2000, we published final rules establishing a separate listing (Listing 10.06) for evaluating non-mosaic Down Syndrome in adults, and we created a multiple body systems listing section in the part A listings (10.00) (65 FR 31800). The part A multiple body systems listing will no longer be effective on June 19, 2008, unless it is extended or revised and promulgated again (65 FR at 31802). The expiration date for the part A multiple body systems listing is not affected by this final rule. On November 19, 2001, we published revised listings for the musculoskeletal body system (1.00 and 101.00) (66 FR 58010). The listings for the musculoskeletal body system will no longer be effective on February 19, 2009, unless they are extended or revised and promulgated again (66 FR at 58037). The expiration date for the musculoskeletal body system listings is not affected by this final rule. On June 9, 2004, we published revised listings for the skin disorders body system (8.00 and 108.00) (69 FR 32260). The listings for the skin disorders body system will no longer be effective on July 9, 2012, unless they are extended or revised and promulgated again (69 FR at 32262). The expiration date for the skin disorders body system listings is not affected by this final rule. On November 15, 2004, we published revised listings for the malignant neoplastic diseases body system (13.00 and 113.00) (69 FR 67018). The listings for the malignant neoplastic diseases body system will no longer be effective on December 15, 2009, unless they are extended or revised and promulgated again (69 FR at 67019). The expiration date for the malignant neoplastic diseases body system is not affected by this final rule.

Regulatory Procedures

Justification for Final Rule

Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5), we follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 in the development of regulations. The APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest. We have determined that, under 5 U.S.C. 553(b)(B), good cause exists for dispensing with the notice and public comment procedures for this rule. Good cause exists because this final rule only extends the date on which these body system listings will no longer be effective. It makes no substantive changes to those listings. The current regulations expressly provide that listings may be extended, as well as revised and promulgated again. Therefore, we have determined that opportunity for prior comment is unnecessary, and we are issuing this regulation as a final rule.

In addition, we find good cause for dispensing with the 30-day delay in the effective date of a substantive rule provided by 5 U.S.C. 553(d). As explained above, we are not making any substantive changes in these body system listings. However, without an extension of the expiration dates for these listings, we will lack regulatory criteria for assessing impairments in these body systems at the third step of the sequential evaluation process after the current expiration date of these listings. In order to ensure that we continue to have regulatory criteria for assessing impairments under these listings, we find that it is in the public interest to make this final rule effective on the date of publication.

Executive Order 12866

We have consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as amended by Executive Order 13258. We have also determined that this final rule meets the plain language requirement of Executive Order 12866, as amended by Executive Order 13258.

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, as provided in the Regulatory Flexibility Act, as amended, is not required.

Paperwork Reduction Act

This final rule imposes no reporting/recordkeeping requirements necessitating clearance by OMB.

(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

For the reasons set forth in the preamble, part 404, subpart P, chapter III of title 20 of the Code of Federal Regulations is amended as set forth below.

PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )

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) and (i), 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) and (i), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189.

2. Appendix 1 to subpart P of part 404 is amended by revising items 1, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, and 15 of the introductory text before part A to read as follows:

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

1. Growth Impairment (100.00): July 2, 2007.

3. Special Senses and Speech (2.00 and 102.00): July 2, 2007.

4. Respiratory System (3.00 and 103.00): July 2, 2007.

5. Cardiovascular System (4.00 and 104.00): July 3, 2006.

6. Digestive System (5.00 and 105.00): July 3, 2006.

7. Genito-Urinary System (6.00 and 106.00): July 3, 2006.

8. Hematological Disorders (7.00 and 107.00): July 2, 2007.

10. Endocrine System (9.00 and 109.00): July 2, 2007.

11. Multiple Body Systems (10.00): June 19, 2008 and (110.00): July 3, 2006.

12. Neurological (11.00 and 111.00): July 2, 2007.

13. Mental Disorders (12.00 and 112.00): July 2, 2007.

15. Immune System (14.00 and 114.00): July 2, 2007.