[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Rules and Regulations]
[Pages 5807-5808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2109]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2008-0070]
RIN 0960-AG93
Expiration Date Extension for Musculoskeletal Body System
Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: This final rule extends for 2 years the date on which the
Musculoskeletal System Listing of Impairments will no longer be
effective. We use the body system 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. Other than extending the effective date of the listings, we have
not revised the musculoskeletal listings. This extension will ensure
that we continue to have the medical evaluation criteria in the
listings to adjudicate disability claims involving disorders of the
musculoskeletal body system at the third step of the sequential
evaluation process.
DATES: This final rule is effective on February 2, 2009.
FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Acting Director,
Office of Medical Listings Improvements, 6401 Security Boulevard,
Baltimore, MD 21235-6401. Call (410) 966-4163 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
http://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 http://www.gpoaccess.gov/fr/index.html.
Background
We use the Listing of Impairments (the listings) 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. We divide the listings into two parts: Part A for
adults and part B for children. 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. (See Sec. Sec. 404.1525 and 416.925.)
Explanation of Changes
In this final rule, we are extending until February 18, 2011, the
date on which the Musculoskeletal System (1.00 and 101.00) listings
will no longer be effective. We periodically review and update the
listings in light of medical advances in disability evaluation and
treatment and our program experience. We last updated the medical
criteria for the Musculoskeletal System listings on November 19, 2001.
66 FR 58010. While we intend to publish proposed and final rules to
update the Musculoskeletal System listings as quickly as possible, we
cannot publish final rules revising these listings by February 19,
2009, the current expiration date.
Regulatory Procedures
Justification for Final Rule
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 when developing regulations. 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 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 the musculoskeletal body system listings will no longer be
effective. It makes no substantive changes to the listings. The current
regulations expressly provide that we may extend, revise, or re-
promulgate the listings. 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 the 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 this body
system 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
[[Page 5808]]
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: January 22, 2009.
Michael J. Astrue,
Commissioner of Social Security.
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For the reasons set forth in the preamble, we amend part 404, subpart
P, 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).
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2. Amend appendix 1 to subpart P of part 404 by revising item 2 of the
introductory text before part A to read as follows:
Appendix 1 to Subpart P of Part 404--Listing of Impairments
* * * * *
2. Musculoskeletal System (1.00 and 101.00): February 18, 2011.
* * * * *
[FR Doc. E9-2109 Filed 1-30-09; 8:45 am]
BILLING CODE 4191-02-P