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) 966Ä0512. 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 96Ä354, 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 (1950Ä ) 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. 94Ä222 Filed 1Ä5Ä94; 8:45 am] BILLING CODE 4190Ä29ÄM