Extension of the Expiration Date for Several Body System Listings, 33662-33664 [E7-11752]
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33662
Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations
Commodity Classification Automated
Tracking System (CCATS) number may be
provided in lieu of the information listed in
the foregoing provisions of this paragraph.
(4) Provide the physical address(es) of the
location(s) where the item(s) will be used, if
this address is different from the address of
the prospective validated end-user provided
in paragraph (1) of this supplement.
(5) If the prospective validated end-user
plans to reexport or transfer the item, specify
the destination to which the items will be
reexported or transferred.
(6) Specify how the prospective validated
end-user’s record keeping system will allow
compliance with the recordkeeping
requirements set forth in § 748.15(e) of the
EAR. Describe the system that is in place to
ensure compliance with VEU requirements.
(7) Include an original statement on
letterhead of the prospective validated enduser, signed and dated by a person who has
authority to legally bind the prospective
validated end-user, certifying that the enduser will comply with all VEU requirements.
This statement must include
acknowledgement that the prospective enduser:
(i) Has been informed of and understands
that the item(s) it may receive as a validated
end-user will have been exported in
accordance with the EAR and that use or
diversion of such items contrary to the EAR
is prohibited;
(ii) Understands and will abide by all
authorization VEU end-use restrictions,
including the requirement that items
received under authorization VEU will only
be used for civil end-uses and may not be
used for any activities described in part 744
of the EAR;
(iii) Will comply with VEU recordkeeping
requirements; and
(iv) Agrees to allow on-site reviews by U.S.
Government officials to verify the end-user’s
compliance with the conditions of the VEU
authorization.
21. Supplement No. 9 to Part 748 is
added to read as follows:
pwalker on PROD1PC71 with RULES
I
SUPPLEMENT NO. 9 TO PART 748—ENDUSER REVIEW COMMITTEE PROCEDURES
(1) The End-User Review Committee (ERC),
composed of representatives of the
Departments of State, Defense, Energy, and
Commerce, and other agencies, as
appropriate, is responsible for determining
whether to add to, to remove from, or
otherwise amend the list of validated endusers and associated eligible items set forth
in Supplement No. 7 to this part. The
Department of Commerce chairs the ERC.
(2) Unanimous vote of the Committee is
required to authorize VEU status for a
candidate or to add any eligible items to a
pre-existing authorization. Majority vote of
the Committee is required to remove VEU
authorization or to remove eligible items
from a pre-existing authorization.
(3) In addition to requests submitted
pursuant to § 748.15, the ERC will also
consider candidates for VEU authorization
that are identified by the U.S. Government.
When the U.S. Government identifies a
candidate for VEU authorization, relevant
parties (i.e., end-users and exporters or
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reexporters, when they can be identified) will
be notified, before the ERC determines
whether VEU authorization is appropriate, as
to which end-users have been identified as
potential VEU authorization candidates. Endusers are not obligated to accept the
Government’s nomination.
(4) The ERC will make determinations
whether to grant VEU authorization to each
VEU candidate no later than 30 calendar days
after the candidate’s complete application is
circulated to all ERC agencies. The
Committee may request additional
information from an applicant or potential
validated end-user related to a particular
VEU candidate’s application. The period
during which the ERC is waiting for
additional information from an applicant or
potential validated end-user is not included
in calculating the 30 calendar day deadline
for the ERC’s determination.
(5) If an ERC agency is not satisfied with
the decision of the ERC, that agency may
escalate the matter to the Advisory
Committee on Export Policy (ACEP). The
procedures and time frame for escalating any
such matters are the same as those specified
for license applications in Executive Order
12981, as amended by Executive Orders
13020, 13026 and 13117 and referenced in
§ 750.4 of the EAR.
(6) A final determination at the appropriate
decision-making level to amend the VEU
authorization list set forth in Supplement No.
7 to this part operates as clearance by all
member agencies to publish the amendment
in the Federal Register.
(7) The Deputy Assistant Secretary of
Commerce for Export Administration will
communicate the determination on each VEU
request to the requesting party and the enduser.
PART 750—[AMENDED]
22. The authority citation for 15 CFR
part 750 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; Sec. 1503, Pub. L. 108–
11,117 Stat. 559; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003–23 of May
7, 2003, 68 FR 26459, May 16, 2003; Notice
of August 3, 2006, 71 FR 44551 (August 7,
2006).
23. Paragraph (b) of § 750.2 is revised
to read as follows:
I
§ 750.2 Processing of Classification
Requests and Advisory Opinions.
*
*
*
*
*
(b) Advisory Opinion requests. All
advisory opinions submitted in
accordance with procedures described
in § 748.3(a) and (c) of the EAR will be
answered within 30 calendar days after
receipt. Requests to obtain Validated
End-User authorization will be resolved
within 30 calendar days as described in
Supplement No. 9 to Part 748 of the
EAR.
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Sfmt 4700
PART 758—[AMENDED]
24. The authority citation for 15 CFR
to part 758 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006).
25. Section 758.1 is amended:
a. By removing the conjunction ‘‘or’’
from the end of paragraph (b)(3) and
placing ‘‘or’’ and a semicolon at the end
of paragraph (b)(4); and
I b. By adding paragraph (b)(5) to read
as follows:
I
I
§ 758.1 The Shipper’s Export Declaration
(SED) or Automated Export System (AES)
record.
*
*
*
*
*
(b) * * *
(5) For all items exported under
authorization Validated End-User
(VEU).
Dated: June 12, 2007.
Christopher A. Padilla,
Assistant Secretary for Export
Administration.
[FR Doc. E7–11588 Filed 6–18–07; 8:45 am]
BILLING CODE 3510–33–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2007–0026]
RIN 0960–AG51
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 1, 2008, the date on which the
listings for eight body systems will no
longer be effective. Other than
extending the effective date of the
listings, 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 involving
these body systems at the third step of
the sequential evaluation process.
DATES: This final rule is effective on
June 19, 2007.
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Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Jim
Julian, Director, Office of Medical
Policy, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
4015. For information on eligibility or
filing for benefits, call our national tollfree number, 1–800–772–1213 or TTY
1–800–325–0778, or visit out Internet
site, Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
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. Part B contains criteria
that apply only to individuals who are
under age 18. 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 the impairment(s) in children. (See
§§ 404.1525 and 416.925.)
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
Explanation of Changes
33663
Background
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
In this final rule, we are extending
until July 1, 2008, the date on which the
listings for the following eight body
systems will no longer be effective:
Growth Impairment (100.00).
Respiratory System (3.00 and 103.00).
Digestive System (5.00 and 105.00).
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. However, we
will not be able to publish final rules
revising the listings for these body
systems by July 2, 2007, the current
expiration date. Therefore, we are
extending the current expiration date for
the listings as indicated above.
In final rules published on June 16,
2005 (70 FR 35028), we extended to July
2, 2007, the date on which the listings
for the following eight body systems
would no longer be effective: Growth
Impairment; Special Senses and Speech;
Respiratory System; Hematological
Disorders; Endocrine System;
Neurological; Mental Disorders; and
Immune System.
In final rules published on May 05,
2006 (71 FR 26411), we extended to July
2, 2007, the date on which the listings
for the Digestive System would no
longer be effective.
Not all listings require effective date
extensions at this time. The following
chart shows the listings that do not
require effective date extensions and are
not affected by this final rule.
Listing
Revised
Date no longer effective unless extended or
revised and promulgated again
Musculoskeletal System 1.00 and 101.00 .........
Special Senses and Speech 2.00 and 102.00 ..
November 19, 2001, 66 FR 58010 ..................
November 20, 2006 (visual disorders) 71 FR
67037.
January 13, 2006, 71 FR 2312 ........................
July 05, 2005, 70 FR 38582 ............................
June 09, 2004, 69 FR 32260 ...........................
August 30, 2005, 70 FR 51252 ........................
November 15, 2004, 69 FR 67018 ..................
February 19, 2009, 66 FR at 58037.
February 20, 2015, 71 FR at 67039.
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)(3). As
explained above, we are not making any
substantive changes in these body
system listings. Without an extension of
the expiration dates for these listings,
we will lack the medical evaluation
criteria needed for assessing
impairments in these body systems at
the third step of the sequential
evaluation process. In order to ensure
that we continue to have these listings
in our rules, we find that it is in the
public interest to make this final rule
effective on the date of publication.
Executive Order 12866
Cardiovascular System 4.00 and 104.00 ..........
Genitourinary Impairments 6.00 and 106.00 .....
Skin Disorders 8.00 and 108.00 ........................
Multiple Body Systems 10.00 and 110.00 .........
Malignant Neoplastic Diseases 13.00 and
113.00.
Regulatory Procedures
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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.
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January 13, 2011, 71 FR at 2313.
September 06, 2013, 70 FR at 38584.
July 09, 2012, 69 FR at 32262.
October 31, 2013, 70 FR at 51254.
December 15, 2009, 69 FR at 67019.
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. Thus, OMB did not
review it. We have also determined that
this final rule meets the plain language
requirement of Executive Order 12866,
as amended.
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.
E:\FR\FM\19JNR1.SGM
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33664
Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Rules and Regulations
Paperwork Reduction Act
This final rule imposes no reporting/
recordkeeping requirements
necessitating clearance by OMB.
13. Mental Disorders (12.00 and 112.00):
July 1, 2008.
*
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social
Security-Survivors Insurance; 96.006,
Supplemental Security Income)
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
Dated: June 12, 2007.
Michael J. Astrue,
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:
I
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; sec. 202, Pub. L. 108–203,
118 Stat. 509 (42 U.S.C. 902 note).
2. Appendix 1 to subpart P of part 404
is amended by revising items 1, 4, 6, 8,
10, 12, 13, and 15 of the introductory
text before Part A to read as follows:
I
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
*
*
*
1. Growth Impairment (100.00): July 1,
2008.
*
*
*
*
*
4. Respiratory System (3.00 and 103.00):
July 1, 2008.
*
*
*
*
*
6. Digestive System (5.00 and 105.00): July
1, 2008.
*
*
*
*
*
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8. Hematological Disorders (7.00 and
107.00): July 1, 2008.
*
*
*
*
*
10. Endocrine System (9.00 and 109.00):
July 1, 2008.
*
*
*
*
*
12. Neurological (11.00 and 111.00): July 1,
2008.
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17:54 Jun 18, 2007
Jkt 211001
*
*
*
*
*
*
*
[FR Doc. E7–11752 Filed 6–18–07; 8:45 am]
BILLING CODE 4191–02–P
Food and Drug Administration
21 CFR Part 74
[Docket No. 1995C–0286 (formerly Docket
No. 95C–0286)]
Listing of Color Additives Subject to
Certification; D&C Black No. 3
I
*
*
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
List of Subjects in 20 CFR Part 404
*
*
15. Immune System (14.00 and 114.00):
July 1, 2008.
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
color additive regulations to provide for
the safe use of D&C Black No. 3 (bone
black, subject to FDA batch
certification) as a color additive in
eyeliner, eye shadow, mascara, and face
powder. This action is in response to a
petition filed by Ebonex Corp.
DATES: This rule is effective July 20,
2007. Submit written or electronic
objections and requests for a hearing by
July 19, 2007. See section VIII of the
SUPPLEMENTARY INFORMATION section of
this document for information on the
filing of objections.
ADDRESSES: You may submit written or
electronic objections and requests for a
hearing, identified by Docket No 1995C–
0286, by any of the following methods:
Electronic Submissions
Submit electronic objections in the
following ways:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: https://
www.fda.gov/dockets/ecomments.
Follow the instructions for submitting
comments on the agency Web site.
Written Submissions
Submit written objections in the
following ways:
• FAX: 301–827–6870.
• Mail/Hand delivery/Courier [For
paper, disk, or CD–ROM submissions]:
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.
To ensure more timely processing of
objections, FDA is no longer accepting
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
objections submitted to the agency by email. FDA encourages you to continue
to submit electronic objections by using
the Federal eRulemaking Portal or the
agency Web site, as described in the
Electronic Submissions portion of this
paragraph.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
objections received will be posted
without change to https://www.fda.gov/
ohrms/dockets/default.htm, including
any personal information provided. For
detailed instructions on submitting
objections, see the ‘‘Objections’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
read background documents or
objections received, go to https://
www.fda.gov/ohrms/dockets/
default.htm and insert the docket
number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Judith Kidwell, Center for Food Safety
and Applied Nutrition (HFS–265), Food
and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740,
301–436–1071.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice published in the Federal
Register of September 1, 1995 (60 FR
45724), FDA announced that a color
additive petition (CAP 5C0247) had
been filed by the Ebonex Corp., P.O. Box
3247, Melvindale, MI 48122. The
petition proposed to amend the color
additive regulations to provide for the
safe use of bone black as a color additive
in cosmetics, including cosmetics
intended for use in the eye area. The
petitioner subsequently narrowed the
proposed uses of bone black to eyeliner,
eye shadow, mascara, and face powder.
During its review of the petition, the
agency determined that the color
additive, bone black, will require batch
certification by FDA. The agency
intends to give each certified batch of
the subject color additive the name D&C
Black No. 3. Therefore, this color
additive will be identified as D&C Black
No. 3.
The requested use of D&C Black No.
3 includes cosmetics for use in the area
of the eye. The term ‘‘area of the eye’’
is defined in § 70.3(s) (21 CFR 70.3(s))
as ‘‘the area enclosed within the
circumference of the supra-orbital ridge
and the infra-orbital ridge, including the
E:\FR\FM\19JNR1.SGM
19JNR1
]]>Agencies
[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Rules and Regulations]
[Pages 33662-33664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11752]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2007-0026]
RIN 0960-AG51
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 1,
2008, the date on which the listings for eight body systems will no
longer be effective. Other than extending the effective date of the
listings, 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 involving
these body systems at the third step of the sequential evaluation
process.
DATES: This final rule is effective on June 19, 2007.
[[Page 33663]]
FOR FURTHER INFORMATION CONTACT: Jim Julian, Director, Office of
Medical Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410) 965-4015. 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 https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register at https://www.gpoaccess.gov/fr/
index.html.
Background
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. Part B contains criteria that apply only to individuals who
are under age 18. 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 the impairment(s) in children. (See
Sec. Sec. 404.1525 and 416.925.)
Explanation of Changes
In this final rule, we are extending until July 1, 2008, the date
on which the listings for the following eight body systems will no
longer be effective:
Growth Impairment (100.00).
Respiratory System (3.00 and 103.00).
Digestive System (5.00 and 105.00).
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. However, we will not
be able to publish final rules revising the listings for these body
systems by July 2, 2007, the current expiration date. Therefore, we are
extending the current expiration date for the listings as indicated
above.
In final rules published on June 16, 2005 (70 FR 35028), we
extended to July 2, 2007, the date on which the listings for the
following eight body systems would no longer be effective: Growth
Impairment; Special Senses and Speech; Respiratory System;
Hematological Disorders; Endocrine System; Neurological; Mental
Disorders; and Immune System.
In final rules published on May 05, 2006 (71 FR 26411), we extended
to July 2, 2007, the date on which the listings for the Digestive
System would no longer be effective.
Not all listings require effective date extensions at this time.
The following chart shows the listings that do not require effective
date extensions and are not affected by this final rule.
------------------------------------------------------------------------
Date no longer
effective unless
Listing Revised extended or
revised and
promulgated again
------------------------------------------------------------------------
Musculoskeletal System 1.00 and November 19, 2001, February 19, 2009,
101.00. 66 FR 58010. 66 FR at 58037.
Special Senses and Speech 2.00 November 20, 2006 February 20, 2015,
and 102.00. (visual 71 FR at 67039.
disorders) 71 FR
67037.
Cardiovascular System 4.00 and January 13, 2006, January 13, 2011,
104.00. 71 FR 2312. 71 FR at 2313.
Genitourinary Impairments 6.00 July 05, 2005, 70 September 06,
and 106.00. FR 38582. 2013, 70 FR at
38584.
Skin Disorders 8.00 and 108.00.. June 09, 2004, 69 July 09, 2012, 69
FR 32260. FR at 32262.
Multiple Body Systems 10.00 and August 30, 2005, October 31, 2013,
110.00. 70 FR 51252. 70 FR at 51254.
Malignant Neoplastic Diseases November 15, 2004, December 15, 2009,
13.00 and 113.00. 69 FR 67018. 69 FR at 67019.
------------------------------------------------------------------------
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)(3). As explained above, we are not making any substantive
changes in these body system listings. Without an extension of the
expiration dates for these listings, we will lack the medical
evaluation criteria needed for assessing impairments in these body
systems at the third step of the sequential evaluation process. In
order to ensure that we continue to have these listings in our rules,
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.
Thus, OMB did not review it. We have also determined that this final
rule meets the plain language requirement of Executive Order 12866, as
amended.
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.
[[Page 33664]]
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.
Dated: June 12, 2007.
Michael J. Astrue,
Commissioner of Social Security.
0
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]
0
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; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42
U.S.C. 902 note).
0
2. Appendix 1 to subpart P of part 404 is amended by revising items 1,
4, 6, 8, 10, 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 1, 2008.
* * * * *
4. Respiratory System (3.00 and 103.00): July 1, 2008.
* * * * *
6. Digestive System (5.00 and 105.00): July 1, 2008.
* * * * *
8. Hematological Disorders (7.00 and 107.00): July 1, 2008.
* * * * *
10. Endocrine System (9.00 and 109.00): July 1, 2008.
* * * * *
12. Neurological (11.00 and 111.00): July 1, 2008.
13. Mental Disorders (12.00 and 112.00): July 1, 2008.
* * * * *
15. Immune System (14.00 and 114.00): July 1, 2008.
* * * * *
[FR Doc. E7-11752 Filed 6-18-07; 8:45 am]
BILLING CODE 4191-02-P
