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

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.

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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