[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4570-4571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2276]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Regulations No. 4]
RIN 0960-AE80
Federal Old-Age, Survivors and Disability Insurance; Determining
Disability and Blindness; Extension of Expiration Date for the
Cardiovascular Body System Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: The Social Security Administration (SSA) adjudicates claims at
the third step of its sequential process for evaluating disability
using the Listing of Impairments (the listings) under the Social
Security and supplemental security income (SSI) programs. This rule
extends the date on which the cardiovascular body system listings will
no longer be effective. We have made no revisions to the medical
criteria in these listings; they remain the same as they now appear in
the Code of Federal Regulations. This extension will ensure that we
continue to have medical evaluation criteria in the listings to
adjudicate claims for disability based on impairments in the
cardiovascular body system at step three of our sequential evaluation
process.
EFFECTIVE DATE: This regulation is effective January 30, 1998.
FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register
document--Richard M. Bresnick, Legal Assistant, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410)
965-1758; regarding eligibility or filing for benefits--our national
toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: We use the listings in appendix 1 (Listing
of Impairments) to subpart P of part 404 at the third step of the
sequential evaluation process to evaluate claims filed by adults and
individuals under age 18 for benefits based on disability under the
Social Security and SSI programs. The listings are divided into parts A
and B. We use the criteria in part A to evaluate impairments of adults.
We use the criteria in part B first to evaluate impairments of
individuals under age 18. If those criteria do not apply, then the
medical criteria in part A will be used.
When we published revised listings in 1985 and subsequently, 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 dates ranging from 3
to 8 years on which the various body system listings would no longer be
effective unless extended by the Secretary of Health and Human Services
or revised and promulgated again. Effective March 31, 1995, the
authority to issue regulations was transferred to the Commissioner of
Social Security by section 102 of Public Law 103-296, the Social
Security Independence and Program Improvements Act of 1994.
In this final rule, we are extending the date on which the
cardiovascular body system listings (4.00 and 104.00) will no longer be
effective to February 10, 2000.
We last published final rules for the cardiovascular body system
listings on February 10, 1994 (59 FR 6468).
We believe that the requirements in these listings are still valid
for our program purposes. Specifically, if we find that an individual
has an impairment that meets the statutory duration requirement and
also meets or is medically equivalent in severity to an impairment in
the listings or functionally equivalent to the listings in SSI claims
based on disability filed by individuals under age 18, we will find
that the individual is disabled at the third step of the sequential
evaluation process.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5), as amended by section 102 of Public Law 103-296, SSA follows
the Administrative Procedure Act (APA) rulemaking procedures specified
in 5 U.S.C. 553 in the development of its 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 in this case. Good cause exists because this regulation only
extends the date on which the cardiovascular body system listings will
no longer be effective. It makes no substantive changes to the
listings. The current regulations expressly provide that the listings
may be extended, as well as revised and promulgated again. Therefore,
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 for by 5
U.S.C. 553(d). As explained above, we are not making any substantive
changes in these body system listings. However, without an extension of
the expiration date for these listings, we will lack regulatory
guidelines for assessing impairments in the cardiovascular body system
at the third step of the sequential evaluation processes after the
current expiration date of the listings. In order to ensure that we
continue to have regulatory criteria for assessing cardiovascular
impairments under the listings, we find that it is in the public
interest to make this rule effective upon publication.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that this rule does not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, it was
not subject to OMB review.
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 the Regulatory
Flexibility Act, as amended, is not required.
Paperwork Reduction Act
This regulation 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
[[Page 4571]]
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 20, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set forth in the preamble, chapter III, part 404,
subpart P 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]
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.
2. Appendix 1 to subpart P of part 404 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 10, 2000.
* * * * *
[FR Doc. 98-2276 Filed 1-29-98; 8:45 am]
BILLING CODE 4190-29-P