This PDF is the current document as it appeared on Public Inspection on 08/02/2016 at 08:45 am.
Social Security Administration.
We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Musculoskeletal System, Cardiovascular System, Digestive System, and Skin Disorders. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
This final rule is effective on August 3, 2016.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Cheryl A. Williams, Director, Office of Medical Policy, 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 http://www.socialsecurity.gov.End Further Info End Preamble Start Supplemental Information
We use the listings in appendix 1 to subpart P of part 404 of 20 CFR at the third step of the sequential evaluation Start Printed Page 51101process to evaluate claims filed by adults and children for benefits based on disability under the title II and title XVI programs. 20 CFR 404.1520(d), 416.920(d), 416.924(d). The listings are in two parts: Part A has listings criteria for adults and Part B has listings criteria for children. If you are age 18 or over, we apply the listings criteria in part A when we assess your impairment or combination of impairments. If you are under age 18, we first use the criteria in part B of the listings when we assess your impairment(s). 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 your impairment(s). 20 CFR 404.1525(b), 416.925(b).
Explanation of Changes
In this final rule, we are extending the dates on which the listings for the following four body systems will no longer be effective as set out in the following chart:
|Listing||Current expiration date||Extended expiration date|
|Musculoskeletal System 1.00 and 101.00||January 27, 2017||January 26, 2018.|
|Cardiovascular System 4.00 and 104.00||January 27, 2017||January 26, 2018.|
|Digestive System 5.00 and 105.00||January 27, 2017||January 26, 2018.|
|Skin Disorders 8.00 and 108.00||January 27, 2017||January 26, 2018.|
We continue to revise and update the listings on a regular basis, including those body systems not affected by this final rule. We intend to update the four listings affected by this final rule as quickly as possible, but may not be able to publish final rules revising these listings by the current expiration dates. Therefore, we are extending the expiration dates listed above.
Justification for Final Rule
We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 in promulgating regulations. Section 702(a)(5) of the Social Security Act, 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 four body system listings will no longer be effective. It makes no substantive changes to our rules. Our current regulations  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 to the listings in these body systems. Without an extension of the expiration dates for these listings, we will not have the criteria we need to assess medical impairments in these four body systems at step three 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, as Supplemented by Executive Order 13563
We 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, as supplemented by Executive Order 13563. Therefore, OMB did not review it. We 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. Therefore, a regulatory flexibility analysis is not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or affect any existing collections and, therefore, do 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)Start List of Subjects
List of Subjects in 20 CFR Part 404
- Administrative practice and procedure
- Disability benefits
- Survivors and Disability Insurance
- Reporting and recordkeeping requirements
- Social Security
Carolyn W. Colvin,
Acting Commissioner of 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.Start Part
PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950-)End Part
Subpart P—[Amended]Start Amendment Part
1. The authority citation for subpart P of part 404 continues to read as follows:End Amendment Part Start Printed Page 51102 Start Amendment Part
2. Amend Appendix 1 to subpart P of part 404 by revising items 2, 5, 6, and 9 of the introductory text before Part A to read as follows:End Amendment Part
Appendix 1 to Subpart P of Part 404—Listing of Impairments
2. Musculoskeletal System (1.00 and 101.00): January 26, 2018.
5. Cardiovascular System (4.00 and 104.00): January 26, 2018.
6. Digestive System (5.00 and 105.00): January 26, 2018.
9. Skin Disorders (8.00 and 108.00): January 26, 2018.
1. We also use the listings in the sequential evaluation processes we use to determine whether a beneficiary's disability continues. See 20 CFR 404.1594, 416.994, and 416.994a.Back to Citation
2. Since we last extended the expiration dates of the listings affected by this rule in January 2015 (80 FR 1 (2015)), we have published final rules revising the medical criteria for evaluating growth disorders and weight loss in children (80 FR 19522 (2015)), corrected at 80 FR 48248 (2015)), hematological disorders (80 FR 21159 (2015)), cancer (malignant neoplastic diseases) (80 FR 28821 (2015)), and respiratory disorders (81 FR 37138 (2016)).Back to Citation
3. See the first sentence of appendix 1 to subpart P of part 404 of 20 CFR.Back to Citation
[FR Doc. 2016-18051 Filed 8-2-16; 8:45 am]
BILLING CODE 4191-02-P