Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Date for Growth Impairment Listings

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960-AE60

Federal Old-Age, Survivors and Disability Insurance; Determining

Disability and Blindness; Extension of Expiration Date for Growth

Impairment 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 Listings of Impairments under the Social Security and

supplemental security income (SSI) programs. This rule extends until

December 7, 1998 the date on which the growth impairment listings

contained in Part B of the listings will no longer be effective. We

have made no revisions to the medical criteria in the growth impairment

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 growth impairments in individuals under age 18

at step three of our sequential evaluation process.

EFFECTIVE DATE: This regulation is effective December 6, 1996.

FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register

document--Robert J. Augustine, Legal Assistant, Division of Regulations

and Rulings, 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: On December 6, 1985, we published revised

listings, including the growth impairment listings (50 FR 50068), in

appendix 1 (Listing of Impairments) to subpart P of part 404. We use

the listings 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 part A and part 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. The growth impairment listings apply only to

individuals under age 18 and are contained in Part B of the listings.

When we published the revised listings 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 a date of December 6, 1993, for

the growth impairment listings in part B, on which those listings would

no longer be effective unless extended by the Secretary of Health and

Human Services (the Secretary) or revised and promulgated again.

Subsequently, the Secretary issued a final rule on December 6, 1993 (58

FR 64121), extending the date on which the growth impairment listings

in part B would no longer be effective to December 6, 1996. Section 102

of the Social Security Independence and Program Improvements Act of

1994, Public Law 103-296 transferred the responsibility for

administering the Social Security and SSI programs from the Secretary

to the Commissioner of Social Security (the Commissioner).

In this final rule, we are extending for two years, to December 7,

1998, the date on which the growth impairment listings will no longer

be effective. 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 or functionally equivalent

in severity to an impairment in the listings, we will find that the

individual is disabled at the third step of the sequential process for

evaluating disability.

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 growth impairment 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 the growth impairment listings. However, without an

extension of the expiration date for the growth impairment listings, we

will lack regulatory guidelines for assessing growth impairments 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 these 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.

[[Page 64616]]

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/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: December 2, 1996.

Shirley S. Chater,

Commissioner of Social Security.

For the reasons set forth in the preamble, part 404, subpart P,

chapter III 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)).

2. Appendix 1 to subpart P of part 404 is amended by revising item

1 of the introductory text before part A to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *

1. Growth Impairment (100.00): December 7, 1998.

* * * * *

[FR Doc. 96-31037 Filed 12-5-96; 8:45 am]

BILLING CODE 4190-29-P