[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Pages 670-671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-222]


[[Page Unknown]]

[Federal Register: January 6, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Social Security Administration

20 CFR Part 404

[Regulations No. 4]
RIN 0960--None Assigned

 

Federal Old-Age, Survivors and Disability Insurance; Determining 
Disability and Blindness; Extension of Expiration Date for 
Cardiovascular System Listing

AGENCY: Social Security Administration, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are extending the date on which parts A and B of the 
cardiovascular system listings, found in appendix 1 of part 404, 
subpart P, will no longer be effective from January 6, 1994, to 
February 15, 1994. We have made no revisions in the medical criteria in 
the cardiovascular system listings; they remain the same as they now 
appear in the Code of Federal Regulations. We are presently considering 
comments we received on a Notice of Proposed Rulemaking (NPRM) to 
update the medical criteria contained in part A and part B of the 
cardiovascular system listings. When we have completed our review, any 
revised criteria will be published as final regulations.

EFFECTIVE DATE: This final rule will be effective January 6, 1994.

FOR FURTHER INFORMATION CONTACT:
Irving Darrow, Esq., Legal Assistant, Office of Regulations, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235, 
(410) 966-0512.

SUPPLEMENTARY INFORMATION: On December 6, 1985, a revised Listing of 
Impairments in appendix 1 to subpart P of part 404 was published in the 
Federal Register (50 FR 50068). The Listing of Impairments describes, 
for each of 13 major body systems, impairments that are considered 
severe enough to preclude a person from engaging in any gainful 
activity (part A), or in the case of a child under the age of 18, 
impairments that are considered severe enough to prevent the child from 
functioning independently, appropriately, and effectively in an age-
appropriate manner (part B). The Listing of Impairments is used for 
evaluating disability and blindness at the third step of the sequential 
evaluation process for adults and children under the Social Security 
disability program and the supplemental security income program.
    When the revised Listing of Impairments was published in 1985, we 
indicated that medical advances in disability evaluation and treatment 
and program experience would require that the listings be periodically 
reviewed and updated. Accordingly, we established termination dates 
ranging from 4 to 8 years for each of the listings for specific body 
systems. A date of December 6, 1989, was established for the 
cardiovascular system listings in part A to no longer be effective. A 
date of December 6, 1993, was established for part B of the 
cardiovascular system listings to no longer be effective.
    The potential program impact of the changes to update the 
cardiovascular system listings required careful analysis and 
consideration within the Agency. As our analysis continued, it became 
evident that we would be unable to publish a proposed and then a final 
regulation containing revised criteria for part A of the cardiovascular 
system listings by December 6, 1989. We published in the Federal 
Register of December 5, 1989 (54 FR 50233), a final regulation 
extending the current part A cardiovascular system listings for a 
period of 18 months through June 5, 1991. The part A cardiovascular 
system listings were again extended an additional 12 months through 
June 5, 1992, by final regulation published in the Federal Register on 
June 6, 1991 (56 FR 26030), and were extended to January 5, 1993, by 
final regulation published in the Federal Register on June 5, 1992 (57 
FR 23945), and to July 6, 1993, by final regulation published in the 
Federal Register on December 29, 1992 (57 FR 61795). The part A and 
part B cardiovascular system listings were extended to January 6, 1994, 
by final regulation published in the Federal Register on July 6, 1993 
(58 FR 36133).
    On July 9, 1991, we published an NPRM proposing revisions to the 
medical criteria contained in parts A and B of the cardiovascular 
system listings (56 FR 31266), with provisions for a 60-day comment 
period. The complex issues raised by the numerous comments we received 
have required extensive analysis and careful consideration. In order to 
ensure sufficient time for this review, we are extending the date on 
which the current cardiovascular system listings in parts A and B will 
no longer be effective from January 6, 1994, to February 15, 1994.

Regulatory Procedures

    The Department, even when not required by statute, as a matter of 
policy, generally follows the Administrative Procedure Act notice of 
proposed rulemaking and public comment procedures specified in 5 U.S.C. 
553 in the development of its regulations. The Administrative Procedure 
Act 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 waiver of notice of proposed 
rulemaking and public comment procedures on this rule because it only 
extends the dates on which parts A and B of the cardiovascular system 
listings will no longer be effective and makes no substantive changes 
to these listings. The current regulations expressly provide that the 
listings may be extended by the Secretary, as well as revised and 
promulgated again. Because we are not making any revisions to the 
current listings, we have determined that use of public comment 
procedures is unnecessary under the Administrative Procedure Act.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. Therefore, a 
regulatory flexibility analysis as provided in Public Law 96-354, the 
Regulatory Flexibility Act, is not required.

Paperwork Reduction Act

    This regulation imposes no reporting or recordkeeping requirements 
necessitating clearance by the Office of Management and Budget.

(Catalog of Federal Domestic Assistance Program No. 93.802, Social 
Security-Disability Insurance; No. 93.807, 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.

    Dated: December 21, 1993.
Shirley Chater,
Commissioner of Social Security.
    Approved: December 29, 1993.
Donna E. Shalala,
Secretary of Health and Human Services.

    For the reasons set forth in the preamble, part 404, title 20 of 
the Code of Federal Regulations is amended as set forth below.

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950-  )

    1. The authority citation for subpart P of part 404 is revised to 
read as follows:

    Authority: Secs. 202, 205 (a), (b), and (d) through (h), 216(i), 
221 (a) and (i), 222(c), 223, 225, and 1102 of the Social Security 
Act; 42 U.S.C. 402, 405 (a), (b), and (d) through (h), 416(i), 421 
(a) and (i), 422(c), 423, 425, and 1302.

    2. Appendix 1 to subpart P is amended by revising item 5 of the 
introductory text before part A to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *
    5. Cardiovascular System (4.00 and 104.00): February 15, 1994.
* * * * *
[FR Doc. 94-222 Filed 1-5-94; 8:45 am]
BILLING CODE 4190-29-M