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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
ASO AL E5 Muscle Shoals, AL Amended Northwest Alabama Regional Airport, AL
Lat. 344443 N, long. 873637 W
That airspace extending upward from 700
feet or more above the surface within a 6.8mile radius of Northwest Alabama Regional Airport, and within 3.7-miles each side of the 114 bearing from the airport, extending from the 6.8-mile radius to 12.5-miles east of the airport, and within 1.2-miles each side of the 181 bearing from the airport, extending from the 6.8-mile radius to 8.1-miles south of the airport.
Issued in College Park, Georgia, on August 23, 2021.
Matthew N. Cathcart, Manager, Airspace & Procedures Team North, Eastern Service Center, Air Traffic Organization.
FR Doc. 202118422 Filed 82621; 8:45 am BILLING CODE 491013P

SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
Docket No. SSA20210017
RIN 0960AI59

Removing the Waiting Period for Entitlement to Social Security Disability Insurance Benefits for Individuals With Amyotrophic Lateral Sclerosis AGENCY:

Social Security Administration
SSA.
ACTION:

Final rule.

In accordance with the ALS
Disability Insurance Access Act of 2019, as amended, this final rule eliminates the 5-month waiting period for the Social Security Disability Insurance SSDI program for individuals with amyotrophic lateral sclerosis ALS who were approved for SSDI benefits on or after July 23, 2020.
DATES: This final rule is effective August 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Mary Quatroche, Director, Office of Vocational, Evaluation and Process Policy, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 212356401, 410 9664794. For information on eligibility or filing for benefits, call our national toll-free number, 1800772
1213 or TTY 18003250778, or visit our internet site, Social Security Online, at http www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

Background Under the SSDI program, individuals who have been found to be disabled are subject to a 5-month waiting period
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before they are entitled to their first payment. The waiting period begins with the first full month the individual meets all the eligibility factors covered by the application and ends 5 months after that date. Subject to some exceptions, the disabled individual is entitled to begin receiving payments beginning with the first full calendar month after the waiting period in which all other requirements are met.1
The waiting period cannot begin more than 17 months before the month in which the individual files an application for SSDI and meets the disability insured status requirements.2
As an example, consider an individual whose disability began on April 2, 2020, based on an application for SSDI
benefits filed on May 2, 2020. If approved for SSDI, the individuals 5month waiting period would begin in May 2020 and end in September 2020, and the individual would be entitled to benefits beginning with October 2020
that is, the first full month after completion of the waiting period.
On December 22, 2020, the President signed into law the ALS Disability Insurance Access Act of 2019 ALS
Act,3 and on March 23, 2021, the President signed into law an act to make a technical correction to the ALS Act.4
Commonly known as Lou Gehrigs disease, ALS is a progressive neurodegenerative disease that affects nerve cells in the brain and spinal cord.
There is no known cure for ALS.5 Before the enactment of the ALS Act, individuals with ALS were subject to the 5-month waiting period for receiving SSDI benefits. The ALS Act eliminated the 5-month waiting period for individuals who have been medically determined to have ALS.
The ALS Act originally applied to individuals with ALS who filed an application for SSDI benefits on or after December 23, 2020.6 The technical correction to the ALS Act amended the effective date of the law. Under the technical correction, the elimination of the 5-month waiting period applies to individuals with ALS whose applications for SSDI benefits were approved after the date that is 5 months 1 Section 223c2 of the Social Security Act; 20
CFR 404.315a4.
2 Id.
3 Public Law 116250, 134 Stat. 1128, available at https www.congress.gov/bill/116th-congress/
senate-bill/578.
4 Public Law 1173, 135 Stat. 246, available at https www.congress.gov/bill/117th-congress/
senate-bill/579.
5 166 Cong. Rec. H6988, December 8, 2020, https www.congress.gov/congressional-record/
volume-166/house-section/page/H6988-6991.
6 Section 2b of the ALS Act, Public Law 116
250, 134 Stat. at 1128.

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before the date of enactment of the ALS
Act on December 22, 2020. In practical terms, this means the elimination of the 5-month waiting period applies to individuals with ALS whose applications for SSDI benefits were approved on or after July 23, 2020.
Explanation of Changes To ensure our regulations reflect the provisions of the ALS Act, as amended, we have added language in 20 CFR
404.315 to eliminate the 5-month waiting period for individuals with ALS
whose applications for SSDI benefits were approved on or after July 23, 2020.
We also added language to 20 CFR
404.317 to reflect this change in the law due to the ALS Act. We are making no other changes to our regulations.
Regulatory Procedures We follow the Administrative Procedure Act APA rulemaking procedures specified in 5 U.S.C. 553
when we develop regulations. Section 702a5 of the Social Security Act, 42
U.S.C. 902A5. Generally, the APA
requires that an agency provide prior notice and opportunity for public comment before issuing a final rule. The APA provides exceptions to the notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures because they are impracticable, unnecessary, or contrary to the public interest.
We find that there is good cause under 5 U.S.C. 553bB to issue this regulatory change as a final rule without prior public comment. We find that prior public comment is unnecessary because this final rule merely makes our regulations 20 CFR 404.315 and 404.317 consistent with the provisions of the ALS Act, as amended, which eliminated the 5-month waiting period for individuals with ALS whose applications for DI benefits were approved on or after July 23, 2020.
Because we are only making our regulations consistent with the ALS Act, and we are making no other changes, we find that prior public comment is unnecessary and that there is good cause to issue this final rule without prior notice and public comment.
In addition, we find that there is good cause for dispensing with the 30-day delay in the effective date of this final rule as provided by 5 U.S.C. 553d3.
As we explained above, this final rule merely makes our regulations consistent with the ALS Act, which is already in effect. Therefore, we find that it is unnecessary to delay the effective date of the final rule.

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