Extension of Expiration Dates for Several Body System Listings, 33166-33167 [2010-13988]
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33166
Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2010–0021]
RIN 0960–AH20
Extension of Expiration Dates for
Several Body System Listings
Social Security Administration.
Final rule.
over, we apply the listings in part A
when we assess your claim. If you are
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.
20 CFR 404.1525(b), 416.925(b).
AGENCY:
Explanation of Changes
ACTION:
In this final rule, we are extending
until July 2, 2012, the date on which the
listings for the following 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).
We are also extending until February
18, 2013, the date on which the listings
for the following body systems will no
longer be effective:
• Musculoskeletal System (1.00 and
101.00);
• Cardiovascular System (4.00 and
104.00).
We have already begun the process of
updating these listings, and we have
taken significant steps to revise and
update the listings for body systems that
are not affected by this final rule. We
have published advance notices of
proposed rulemaking requesting
comments from the public on whether
and how we should update and revise
the criteria for the growth impairment
listings (70 FR 53323 (2005)), the
respiratory listings (70 FR 19358
(2005)), the cardiovascular listings (73
FR 20564 (2008)), and the neurological
listings (70 FR 19356 (2005)). We also
have published notices of proposed
rulemaking proposing to revise the
mental disorders listings (68 FR 12639
(2003)) and the listings for the
endocrine body system (74 FR 66069
(2009)).2 We intend to update the
listings as quickly as possible, but we
may not be able to publish final rules
revising these body system listings by
the expiration dates we are changing
We are extending the
expiration dates of the following body
systems in the Listing of Impairments
(listings) in our regulations:
Cardiovascular System, Endocrine
System, Growth Impairment,
Hematological Disorders,
Musculoskeletal System, Mental
Disorders, Neurological, and Respiratory
System. We are making no other
revisions to these body system listings.
This extension will ensure that we
continue to have in the listings the
criteria we need to evaluate
impairments in the affected body
systems at the appropriate steps of the
sequential evaluation processes for
initial claims and continuing disability
reviews.
DATES: This final rule is effective on
June 11, 2010.
FOR FURTHER INFORMATION CONTACT:
Cheryl 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 https://
www.socialsecurity.gov.
SUMMARY:
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/.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Background
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.
There are listings for adults (part A) and
children (part B). If you are age 18 or
1 We also use the listings in the sequential
evaluation processes we use to determine whether
a beneficiary’s disability continues. See
§§ 404.1594, 416.994, and 416.994a.
VerDate Mar<15>2010
14:29 Jun 10, 2010
Jkt 220001
2 In addition, since we last extended the
expiration date of some of the listings in May 2008
(73 FR 31025 (2008)), we have published final rules
revising the malignant neoplastic diseases body
system (74 FR 51229 (2009)); final rules on the
hearing loss listings in the special senses and
speech body system (75 FR 30693 (2010)) and
advance notices of proposed rulemaking for the
genitourinary body system, (74 FR 57970 (2009),
multiple body system (59 FR 57971 (2009)), and
skin body system (74 FR 57972 (2009)).
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
today. Therefore, we are extending the
expiration dates as listed above.
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. The Social
Security Act, 702(a)(5); 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-andcomment requirements when an agency
finds there is good cause for dispensing
with such procedures because they are
impracticable, unnecessary, or contrary
to the public interest.
We have 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 several body system
listings will no longer be effective. It
makes no substantive changes to our
rules. Moreover, our current
regulations 3 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.
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 in these body
system listings. Without an extension of
the expiration dates for these listings,
we will not have the criteria we need to
assess medical impairments in these
body systems at the appropriate steps 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
We have 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. Thus, OMB did not review it. We
have 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.
3 See the first sentence of appendix 1 to subpart
P of part 404.
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations
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 Office of
Management and Budget approval
under the Paperwork Reduction Act.
(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.
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.
■
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; 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 items 1, 2, 4, 5, 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
*
*
*
*
WReier-Aviles on DSKGBLS3C1PROD with RULES
*
*
*
*
*
4. Respiratory System (3.00 and 103.00):
July 2, 2012.
5. Cardiovascular System (4.00 and
104.00): February 18, 2013.
*
*
*
*
*
8. Hematological Disorders (7.00 and
107.00): July 2, 2012.
*
*
*
VerDate Mar<15>2010
*
*
14:29 Jun 10, 2010
Jkt 220001
*
*
*
*
12. Neurological (11.00 and 111.00): July 2,
2012.
13. Mental Disorders (12.00 and 112.00):
July 2, 2012.
*
*
*
*
*
[FR Doc. 2010–13988 Filed 6–10–10; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 405, 408, 416, and
418
RIN 0960–AH16
Technical Amendment Language
Change From ‘‘Wholly’’ to ‘‘Fully’’
Social Security Administration.
Final rules; technical
amendment.
AGENCY:
ACTION:
Michael J. Astrue,
Commissioner of Social Security.
1. Growth Impairment (100.00): July 2,
2012.
2. Musculoskeletal System (1.00 and
101.00): February 18, 2013.
*
[Docket No. SSA–2009–0062]
List of Subjects in 20 CFR Part 404
*
10. Endocrine System (9.00 and 109.00):
July 2, 2012.
SUMMARY: These final rules amend our
regulations to replace the word ‘‘wholly’’
with the word ‘‘fully’’ when we describe
the favorable or unfavorable nature of
determinations or decisions we make on
claims for benefits. This change does
not alter the substance of the regulations
or have any effect on the rights of
claimants or any other parties.
DATES: These final rules are effective
June 11, 2010.
FOR FURTHER INFORMATION CONTACT: For
information about these final rules, call
Brian J. Rudick, Office of Regulations,
Social Security Administration, 6401
Security Boulevard, Baltimore, MD
21235–6401, (410) 965–7102. 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.
We are
changing the word ‘‘wholly’’ to ‘‘fully’’ in
a number of places in our regulations.
We have used the words ‘‘wholly’’ and
‘‘fully’’ interchangeably in our prior
regulations when we refer to
determinations or decisions that provide
a claimant with all of the relief that he
or she seeks. For example, in our rules
regarding the administrative review
process in subpart J of part 404 of our
rules, we sometimes used the phrase
‘‘wholly favorable’’ and other times used
the phrase ‘‘fully favorable’’ to mean the
same thing. We believe that using the
phrase ‘‘fully favorable’’ throughout
these rules will make our regulations
clearer and more consistent. These
editorial changes do not alter the
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
33167
substance of the regulations and will not
affect the rights of claimants or any
other parties.
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/.
Regulatory Procedures
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553
when we develop regulations. Section
702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5). The APA provides
exceptions to its notice and public
comment procedures when an agency
finds there is good cause for dispensing
with such procedures because they are
impracticable, unnecessary, or contrary
to the public interest. 5 U.S.C. 553(b)(B).
The changes we are making in these
rules promote clear and consistent
regulations by ensuring that we use only
one term rather than two essentially
synonymous terms to describe the
nature of our determinations and
decisions. The changes do not alter the
substance of the regulations or have any
effect on the rights of claimants or any
other parties. We believe the public
would not be particularly interested in
commenting on these changes.
Therefore, we have determined that
opportunity for prior comment is
unnecessary, and we are issuing these
rules as final rules.
In addition, because we are not
making any substantive changes to the
existing rules, we find there is 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). Since these changes merely
simplify the wording of the regulations,
we find that it is unnecessary to delay
the effective date of the rules and that
it is in the public interest to make these
final rules effective on the date of
publication.
Executive Order 12866
We have consulted with the Office of
Management and Budget (OMB) and
determined that these final rules do not
meet the criteria for a significant
regulatory action under Executive Order
12866 and were not subject to OMB
review.
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small entities
because they only affect States and
individuals. Therefore, a regulatory
flexibility analysis is not required under
E:\FR\FM\11JNR1.SGM
11JNR1
]]>Agencies
[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Rules and Regulations]
[Pages 33166-33167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13988]
[[Page 33166]]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2010-0021]
RIN 0960-AH20
Extension of Expiration Dates for Several Body System Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are extending the expiration dates of the following body
systems in the Listing of Impairments (listings) in our regulations:
Cardiovascular System, Endocrine System, Growth Impairment,
Hematological Disorders, Musculoskeletal System, Mental Disorders,
Neurological, and Respiratory System. We are making no other revisions
to these body system listings. This extension will ensure that we
continue to have in the listings the criteria we need to evaluate
impairments in the affected body systems at the appropriate steps of
the sequential evaluation processes for initial claims and continuing
disability reviews.
DATES: This final rule is effective on June 11, 2010.
FOR FURTHER INFORMATION CONTACT: Cheryl 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 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/.
Background
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. There are listings for
adults (part A) and children (part B). If you are age 18 or over, we
apply the listings in part A when we assess your claim. If you are
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. 20 CFR 404.1525(b), 416.925(b).
---------------------------------------------------------------------------
\1\ We also use the listings in the sequential evaluation
processes we use to determine whether a beneficiary's disability
continues. See Sec. Sec. 404.1594, 416.994, and 416.994a.
---------------------------------------------------------------------------
Explanation of Changes
In this final rule, we are extending until July 2, 2012, the date
on which the listings for the following 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).
We are also extending until February 18, 2013, the date on which
the listings for the following body systems will no longer be
effective:
Musculoskeletal System (1.00 and 101.00);
Cardiovascular System (4.00 and 104.00).
We have already begun the process of updating these listings, and
we have taken significant steps to revise and update the listings for
body systems that are not affected by this final rule. We have
published advance notices of proposed rulemaking requesting comments
from the public on whether and how we should update and revise the
criteria for the growth impairment listings (70 FR 53323 (2005)), the
respiratory listings (70 FR 19358 (2005)), the cardiovascular listings
(73 FR 20564 (2008)), and the neurological listings (70 FR 19356
(2005)). We also have published notices of proposed rulemaking
proposing to revise the mental disorders listings (68 FR 12639 (2003))
and the listings for the endocrine body system (74 FR 66069 (2009)).\2\
We intend to update the listings as quickly as possible, but we may not
be able to publish final rules revising these body system listings by
the expiration dates we are changing today. Therefore, we are extending
the expiration dates as listed above.
---------------------------------------------------------------------------
\2\ In addition, since we last extended the expiration date of
some of the listings in May 2008 (73 FR 31025 (2008)), we have
published final rules revising the malignant neoplastic diseases
body system (74 FR 51229 (2009)); final rules on the hearing loss
listings in the special senses and speech body system (75 FR 30693
(2010)) and advance notices of proposed rulemaking for the
genitourinary body system, (74 FR 57970 (2009), multiple body system
(59 FR 57971 (2009)), and skin body system (74 FR 57972 (2009)).
---------------------------------------------------------------------------
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. The
Social Security Act, 702(a)(5); 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 interest.
We have 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 several body system listings will
no longer be effective. It makes no substantive changes to our rules.
Moreover, our current regulations \3\ 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.
---------------------------------------------------------------------------
\3\ See the first sentence of appendix 1 to subpart P of part
404.
---------------------------------------------------------------------------
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 in
these body system listings. Without an extension of the expiration
dates for these listings, we will not have the criteria we need to
assess medical impairments in these body systems at the appropriate
steps 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
We have 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. Thus, OMB
did not review it. We have 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.
[[Page 33167]]
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 Office of Management and
Budget 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.
Michael J. Astrue,
Commissioner of Social Security.
0
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.
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. Amend appendix 1 to subpart P of part 404 by revising items 1, 2, 4,
5, 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 2, 2012.
2. Musculoskeletal System (1.00 and 101.00): February 18, 2013.
* * * * *
4. Respiratory System (3.00 and 103.00): July 2, 2012.
5. Cardiovascular System (4.00 and 104.00): February 18, 2013.
* * * * *
8. Hematological Disorders (7.00 and 107.00): July 2, 2012.
* * * * *
10. Endocrine System (9.00 and 109.00): July 2, 2012.
* * * * *
12. Neurological (11.00 and 111.00): July 2, 2012.
13. Mental Disorders (12.00 and 112.00): July 2, 2012.
* * * * *
[FR Doc. 2010-13988 Filed 6-10-10; 8:45 am]
BILLING CODE 4191-02-P
