96-31037. Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Date for Growth Impairment Listings  

  • [Federal Register Volume 61, Number 236 (Friday, December 6, 1996)]
    [Rules and Regulations]
    [Pages 64615-64616]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-31037]
    
    
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    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
    
    
    

Document Information

Effective Date:
12/6/1996
Published:
12/06/1996
Department:
Social Security Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-31037
Dates:
This regulation is effective December 6, 1996.
Pages:
64615-64616 (2 pages)
Docket Numbers:
Regulations No. 4
RINs:
0960-AE60
PDF File:
96-31037.pdf
CFR: (1)
20 CFR 404