[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Rules and Regulations]
[Pages 30410-30411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14599]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]
RIN 0960-AE83


Federal Old-Age, Survivors and Disability Insurance; Determining 
Disability and Blindness; Extension of Expiration Dates for Several 
Body System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: The Social Security Administration (SSA) adjudicates claims at 
the third step of its sequential process for evaluating disability 
using the Listing of Impairments (the listings) under the Social 
Security and supplemental security income (SSI) programs. This rule 
extends the dates on which several body system listings will no longer 
be effective. We have made no revisions to the medical criteria in 
these listings; they remain the same as they now appear in the Code of 
Federal Regulations. These extensions will ensure that we continue to 
have medical evaluation criteria in the listings to adjudicate claims 
for disability based on impairments in these body systems at step three 
of our sequential evaluation process.

EFFECTIVE DATE: This regulation is effective June 4, 1998.

FOR FURTHER INFORMATION CONTACT: Acting Regulations Officer, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235, 
(410) 965-3632. For information on eligibility or filing for benefits, 
call our national toll-free number, 1-800-772-1213.

SUPPLEMENTARY INFORMATION: We use the listings in appendix 1 (Listing 
of Impairments) to subpart P of part 404 at the third step of the 
sequential evaluation process to evaluate claims filed by adults and 
individuals under age 18 for benefits based on disability under the 
Social Security and SSI programs. The listings are divided into parts A 
and B. We use the criteria in part A to evaluate impairments of adults. 
We use the criteria in part B first to evaluate impairments of 
individuals under age 18. If those criteria do not apply, then the 
medical criteria in part A will be used.
    When we published revised listings in 1985 and subsequently, we 
indicated that medical advances in disability evaluation and treatment 
and program experience would require that the listings be periodically 
reviewed and updated. Accordingly, we established dates ranging from 3 
to 8 years on which the various body system listings would no longer be 
effective unless extended by the Secretary of Health and Human Services 
or revised and promulgated again. Effective March 31, 1995, the 
authority to issue regulations was transferred to the Commissioner of 
Social Security by section 102 of Public Law 103-296, the Social 
Security Independence and Program Improvements Act of 1994.
    In this final rule, we are extending the dates on which several 
body system listings will no longer be effective to July 1, 1999. These 
body system listings are: Growth Impairment (100.00), Special Senses 
and Speech (2.00 and 102.00), Multiple Body Systems (110.00), 
Neurological (11.00 and 111.00), and Immune System (14.00 and 114.00).
    We last published final rules setting forth the current expiration 
date for the Multiple Body Systems and the Immune System on July 2, 
1993 (58 FR 36008). We last extended the dates on which the other body 
system listings would no longer be effective in final rules published 
as follows:
    December 6, 1993 (58 FR 64121): Special Senses and Speech and 
Neurological.
    December 6, 1996 (61 FR 64615): Growth Impairment.
    We believe that the requirements in these listings are still valid 
for our program purposes. Specifically, if we find that an individual 
has an impairment that meets the statutory duration requirement and 
also meets or is medically equivalent in severity to an impairment in 
the listings or functionally equivalent to the listings in SSI claims 
based on disability filed by individuals under age 18, we will find 
that the individual is disabled at the third step of the sequential 
evaluation process. Nevertheless, we have decided to review, over the 
next 12 months, the need to revise these listings and have, therefore, 
decided to extend the dates on which each of these listings will no 
longer be effective to July 1, 1999.

Regulatory Procedures

    Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C. 
902(a)(5), as amended by section 102 of Public Law 103-296, SSA follows 
the Administrative Procedure Act (APA) rulemaking procedures specified 
in 5 U.S.C. 553 in the development of its 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 in this case. Good cause exists because this regulation only 
extends the date on which these body system listings will no longer be 
effective. It makes no substantive changes to the listings. The current 
regulations expressly provide that the listings may be extended, as 
well as revised and promulgated again. Therefore, 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 for 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 
guidelines for assessing impairments in these body systems at the third 
step of the sequential evaluation processes after the current 
expiration dates of the 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 rule 
effective upon publication.

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this rule does not meet

[[Page 30411]]

the criteria for a significant regulatory action under Executive Order 
12866. Thus, it was not subject to OMB review.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities.
    Therefore, a regulatory flexibility analysis as provided in the 
Regulatory Flexibility Act, as amended, is not required.

Paperwork Reduction Act

    This regulation 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.

    Dated: May 27, 1998.
Kenneth S. Apfel,
Commissioner of 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, 11, 12, and 15 of the introductory text before Part A to read as 
follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *
    1. Growth Impairment (100.00): July 1, 1999.
* * * * *
    3. Special Senses and Speech (2.00 and 102.00): July 1, 1999.
* * * * *
    11. Multiple Body Systems (110.00): July 1, 1999.
    12. Neurological (11.00 and 111.00): July 1, 1999.
* * * * *
    15. Immune System (14.00 and 114.00): July 1, 1999.
* * * * *
[FR Doc. 98-14599 Filed 6-3-98; 8:45 am]
BILLING CODE 4190-29-P