Extension of the Expiration Date for Several Body Systems Listings, 31025-31027 [E8-12124]
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Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Rules and Regulations
date and time will thereafter be continuously
published in the Airport/Facility Directory.
Paragraph 6005 Class E airspace extending
upward from 700 feet or more above the
surface of the earth.
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AAL AK E5 St. Mary’s, AK [Revised]
St. Mary’s, St. Mary’s Airport, AK
(Lat. 62°03′39″ N., long. 163°18′07″ W.)
That airspace extending upward from 700
feet above the surface within a 8.7-mile
radius of the St. Mary’s Airport, and within
4 miles east and 8 miles west of the 202°
bearing from the St. Mary’s Airport,
extending from the 8.7-mile radius to 16
miles south of the St. Mary’s Airport.
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Issued in Anchorage, AK, on May 16, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information
Area Group.
[FR Doc. E8–11982 Filed 5–29–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2008–0180; Airspace
Docket No. 08–AAL–6]
Revocation of Area Navigation Jet
Routes J–888R and J–996R: Alaska
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action revokes Area
Navigation (RNAV) Jet Routes J–888R
and J–996R, Alaska. These routes are no
longer required by the Anchorage Air
Route Traffic Control Center (ARTCC).
DATES: Effective Date: 0901 UTC, July
31, 2008. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT: Ken
McElroy, Airspace and Rules Group,
Office of System Operations Airspace
and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
ebenthall on PRODPC60 with RULES
SUMMARY:
History
On April 3, 2008, the FAA published
in the Federal Register a notice of
proposed rulemaking (NPRM) to revoke
two area navigation routes in Alaska.
Interested parties were invited to
participate in this rulemaking
VerDate Aug<31>2005
13:51 May 29, 2008
Jkt 214001
proceeding by submitting written
comments on the proposal to the FAA.
No comments were received. With the
exception of editorial changes, this
amendment is the same as that
published in the notice of proposed
rulemaking.
The Rule
The FAA is amending Title 14 Code
of Federal Regulations (14 CFR) part 71
by revoking J–888R and J–996R. The
Anchorage ARTCC requested the two
RNAV Jet Routes be removed from the
National Airspace System because they
are no longer being used. The first route
is J–888R from AMOTT (near
Anchorage, AK) and ends at OZZIE
(south of Bethel, AK). The second route
is J–996R from Cape Newenham, AK,
and ends at AMOTT (near Anchorage,
AK). The FAA is taking this action to
enhance the efficient use of the
navigable airspace in Alaska.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of the airspace necessary
to ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it revokes RNAV Routes in Alaska.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
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31025
Policy Act in accordance with FAA
Order 1050.1E, Environmental Impacts:
Polices and Procedures. This airspace
action is not expected to cause any
potentially significant environmental
impacts, and no extraordinary
circumstances exist that warrant
preparation of an environmental
assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9R,
Airspace Designations and Reporting
Points, signed August 15, 2007, and
effective September 15, 2007, is
amended as follows:
I
Paragraph 2005
Routes
Alaska Area Navigation
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J–888R
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J–996R
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[Revoked]
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[Revoked]
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Issued in Washington, DC, on May 22,
2008.
Stephen L. Rohring,
Acting Manager, Airspace and Rules Group.
[FR Doc. E8–11958 Filed 5–29–08; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2008–0024]
RIN 0960–AG81
Extension of the Expiration Date for
Several Body Systems Listings
Social Security Administration.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule extends until
July 1, 2010, the date on which Listing
of Impairments (the listings) for six
E:\FR\FM\30MYR1.SGM
30MYR1
31026
Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Rules and Regulations
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
In this final rule, we are extending
until July 1, 2010, the date on which the
listings for the following six body
systems will no longer be effective:
Growth Impairment (100.00)
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)
As a result of our program experience
and medical advances in disability
evaluation and treatment, 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 1, 2008, the expiration
date currently in the Code of Federal
Regulations. Therefore, we are
extending the current expiration date for
the listings as indicated above.
In final rules published on June 19,
2007, (72 FR 33662), we extended to
July 1, 2008, the date on which the
following eight body systems listings
would no longer be effective: Growth
Impairment; Respiratory System;
Digestive System; Hematological
Disorders; Endocrine System;
Neurological; Mental Disorders; and
Immune System.
We have taken significant steps to
revise and update each of our listings.
Since the June 19, 2007, extension of the
listings, we have published final rules
for the Digestive System (5.00 and
105.00, published October 19, 2007 (72
FR 59397)) and Immune System
Disorders (14.00 and 114.00, published
March 18, 2008 (73 FR 14570)), a notice
of proposed rulemaking for malignant
neoplastic diseases (13.00 and 113.00
published April 28, 2008 (73 FR
22871)), and an advanced notice of
proposed rulemaking for Evaluating
Human Immunodeficiency Virus (HIV)
Infection (published March 18, 2008,
(73 FR 14409)).
Not all listings require effective date
extensions at this time. The following
chart shows several recently updated
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
Immune System Disorders 14.00 and 114.00 ..
Digestive System 5.00 and 105.00 ...................
Special Senses and Speech 2.00 and 102.00 ..
March 18, 2008, 73 FR 14570 .........................
October 19, 2007, 72 FR 59398 ......................
November 20, 2006 (visual disorders), 71 FR
67037.
January 13, 2006, 71 FR 2312 ........................
August 30, 2005, 70 FR 51252 ........................
July 5, 2005, 70 FR 38582 ..............................
November 15, 2004, 69 FR 67018 ..................
June 16, 2016, 73 FR at 14601.
October 19, 2012, 72 FR at 59422.
February 20, 2015, 71 FR at 67050.
June 9, 2004, 69 FR 32260 .............................
November 19, 2001, 66 FR 58010 ..................
July 9, 2012, 69 FR at 32269.
February 19, 2009, 66 FR at 58037.
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
body systems will no longer be effective.
We use 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). 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.
This final rule is effective on
May 30, 2008.
DATES:
FOR FURTHER INFORMATION CONTACT:
Diane Braunstein, Director, Office of
Compassionate Allowances and Listings
Improvement, 6401 Security Boulevard,
Baltimore, MD 21235–6401. Call (410)
965–1020 for further information about
this final rule. 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 https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
Cardiovascular System 4.00 and 104.00 ..........
Multiple Body Systems 10.00 and 110.00 ........
Genitourinary Impairments 6.00 and 106.00 .....
Malignant Neoplastic Diseases 13.00 and
113.00.
Skin Disorders 8.00 and 108.00 ........................
Musculoskeletal System 1.00 and 101.00 ........
ebenthall on PRODPC60 with RULES
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 when
developing 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
VerDate Aug<31>2005
13:51 May 29, 2008
Jkt 214001
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: Part A for
adults and part B for children. If you are
an individual age 18 or over, we apply
the listings in part A when we assess
your claim. If you are an individual
under age 18, we first use the criteria in
part B of the listings. 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.)
PO 00000
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Fmt 4700
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January 13, 2011, 71 FR at 2325.
October 31, 2013, 70 FR at 51259.
September 6, 2013, 70 FR at 38590.
December 15, 2009, 69 FR at 67032.
E:\FR\FM\30MYR1.SGM
30MYR1
Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / Rules and Regulations
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.
Paperwork Reduction Act
This final rule imposes no reporting/
recordkeeping requirements
necessitating clearance by OMB.
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, 8, 10,
12, and 13 of the introductory text
before Part A to read as follows:
I
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
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1. Growth Impairment (100.00): July 1,
2010.
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4. Respiratory System (3.00 and 103.00):
July 1, 2010.
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8. Hematological Disorders (7.00 and
107.00): July 1, 2010.
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10. Endocrine System (9.00 and 109.00):
July 1, 2010.
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12. Neurological (11.00 and 111.00): July 1,
2010.
13. Mental Disorders (12.00 and 112.00):
July 1, 2010.
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[FR Doc. E8–12124 Filed 5–29–08; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
(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)
Food and Drug Administration
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.
General and Plastic Surgery Devices;
Reclassification of the Tissue
Adhesive for Topical Approximation of
Skin Device
21 CFR Part 878
[Docket No. FDA–2006–P–0140] (formerly
Docket No. 2006P–0071)
Dated: May 27, 2008.
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.
ebenthall on PRODPC60 with RULES
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–)
Subpart P—[Amended]
I 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,
13:51 May 29, 2008
Jkt 214001
Food and Drug Administration,
HHS.
ACTION:
I
VerDate Aug<31>2005
AGENCY:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is reclassifying
the device type, tissue adhesive for the
topical approximation of skin, from
class III (premarket approval) into class
II (special controls). Tissue adhesives
for non-topical uses remain in class III
and continue to require premarket
approval applications (PMAs). FDA is
proposing this reclassification in
accordance with the Federal Food, Drug,
and Cosmetic Act (the act). Elsewhere in
this issue of the Federal Register, FDA
is announcing the availability of a
guidance document entitled ‘‘Class II
Special Controls Guidance Document:
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31027
Tissue Adhesive for the Topical
Approximation of Skin’’ that will serve
as the special control for the reclassified
device type.
DATES: This final rule is effective June
30, 2008.
FOR FURTHER INFORMATION CONTACT:
George J. Mattamal, Center for Devices
and Radiological Health (HFZ–410),
Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850,
240–276–3619.
SUPPLEMENTARY INFORMATION:
I. Regulatory Authorities
The act, as amended by the Medical
Device Amendments of 1976 (the 1976
amendments) (Public Law 94–295), the
Safe Medical Devices Act of 1990
(SMDA) (Public Law 101–629), and the
Food and Drug Administration
Modernization Act of 1997 (FDAMA)
(Public Law 105–115), among other
amendments, established a
comprehensive system for the regulation
of medical devices intended for human
use. Section 513 of the act (21 U.S.C.
360c) established three categories
(classes) of devices, depending on the
regulatory controls needed to provide
reasonable assurance of their safety and
effectiveness. The three categories of
devices are class I (general controls),
class II (special controls), and class III
(premarket approval).
The 1976 amendments broadened the
definition of ‘‘device’’ in section 201(h)
of the act (21 U.S.C. 321(h)) to include
certain articles that were once regulated
as drugs. Under the 1976 amendments,
Congress classified all transitional
devices, i.e., those devices previously
regulated as new drugs, into class III.
SMDA amended section 520(l) of the act
(21 U.S.C. 360j(l)) to direct FDA to
collect certain safety and effectiveness
information from the manufacturers of
transitional devices still remaining in
class III to determine whether the
devices should be reclassified into class
II (special controls) or class I (general
controls). The legislative history of the
SMDA reflects congressional concern
that many transitional devices were not
appropriately regulated in class III (H.
Rept. 808, 101st Cong., 2d sess. 26–27
(1990); S. Rept. 513, 101st Cong., 2d
sess. 27 (1990)).
Accordingly, in the Federal Register
of November 14, 1991 (56 FR 57960),
FDA issued an order under section
520(l)(5)(A) of the act, requiring
manufacturers of transitional devices to
submit to FDA a summary of and a
citation to any information known or
otherwise available to them respecting
the devices, including adverse safety or
effectiveness information, that had not
E:\FR\FM\30MYR1.SGM
30MYR1
]]>Agencies
[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Rules and Regulations]
[Pages 31025-31027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12124]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2008-0024]
RIN 0960-AG81
Extension of the Expiration Date for Several Body Systems
Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule extends until July 1, 2010, the date on which
Listing of Impairments (the listings) for six
[[Page 31026]]
body systems will no longer be effective. We use 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). 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 May 30, 2008.
FOR FURTHER INFORMATION CONTACT: Diane Braunstein, Director, Office of
Compassionate Allowances and Listings Improvement, 6401 Security
Boulevard, Baltimore, MD 21235-6401. Call (410) 965-1020 for further
information about this final rule. 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 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: Part A
for adults and part B for children. If you are an individual age 18 or
over, we apply the listings in part A when we assess your claim. If you
are an individual under age 18, we first use the criteria in part B of
the listings. 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, 2010, the date
on which the listings for the following six body systems will no longer
be effective:
Growth Impairment (100.00)
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)
As a result of our program experience and medical advances in
disability evaluation and treatment, 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 1, 2008, the expiration date currently in the Code of Federal
Regulations. Therefore, we are extending the current expiration date
for the listings as indicated above.
In final rules published on June 19, 2007, (72 FR 33662), we
extended to July 1, 2008, the date on which the following eight body
systems listings would no longer be effective: Growth Impairment;
Respiratory System; Digestive System; Hematological Disorders;
Endocrine System; Neurological; Mental Disorders; and Immune System.
We have taken significant steps to revise and update each of our
listings. Since the June 19, 2007, extension of the listings, we have
published final rules for the Digestive System (5.00 and 105.00,
published October 19, 2007 (72 FR 59397)) and Immune System Disorders
(14.00 and 114.00, published March 18, 2008 (73 FR 14570)), a notice of
proposed rulemaking for malignant neoplastic diseases (13.00 and 113.00
published April 28, 2008 (73 FR 22871)), and an advanced notice of
proposed rulemaking for Evaluating Human Immunodeficiency Virus (HIV)
Infection (published March 18, 2008, (73 FR 14409)).
Not all listings require effective date extensions at this time.
The following chart shows several recently updated 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
------------------------------------------------------------------------
Immune System Disorders 14.00 March 18, 2008, 73 June 16, 2016, 73
and 114.00. FR 14570. FR at 14601.
Digestive System 5.00 and 105.00 October 19, 2007, October 19, 2012,
72 FR 59398. 72 FR at 59422.
Special Senses and Speech 2.00 November 20, 2006 February 20, 2015,
and 102.00. (visual 71 FR at 67050.
disorders), 71 FR
67037.
Cardiovascular System 4.00 and January 13, 2006, January 13, 2011,
104.00. 71 FR 2312. 71 FR at 2325.
Multiple Body Systems 10.00 and August 30, 2005, October 31, 2013,
110.00. 70 FR 51252. 70 FR at 51259.
Genitourinary Impairments 6.00 July 5, 2005, 70 September 6, 2013,
and 106.00. FR 38582. 70 FR at 38590.
Malignant Neoplastic Diseases November 15, 2004, December 15, 2009,
13.00 and 113.00. 69 FR 67018. 69 FR at 67032.
Skin Disorders 8.00 and 108.00.. June 9, 2004, 69 July 9, 2012, 69
FR 32260. FR at 32269.
Musculoskeletal System 1.00 and November 19, 2001, February 19, 2009,
101.00. 66 FR 58010. 66 FR at 58037.
------------------------------------------------------------------------
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 when developing 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
[[Page 31027]]
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.
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: May 27, 2008.
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, 8, 10, 12, and 13 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, 2010.
* * * * *
4. Respiratory System (3.00 and 103.00): July 1, 2010.
* * * * *
8. Hematological Disorders (7.00 and 107.00): July 1, 2010.
* * * * *
10. Endocrine System (9.00 and 109.00): July 1, 2010.
* * * * *
12. Neurological (11.00 and 111.00): July 1, 2010.
13. Mental Disorders (12.00 and 112.00): July 1, 2010.
* * * * *
[FR Doc. E8-12124 Filed 5-29-08; 8:45 am]
BILLING CODE 4191-02-P
