48020 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 

1Section 223(c)(2) of the Social Security Act; 20 

CFR 404.315(a)(4). 

2 Id. 

3Public Law 116–250, 134 Stat. 1128, available at 

https://www.congress.gov/bill/116th-congress/ 

senate-bill/578. 

4Public Law 117–3, 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. 

6Section 2(b) of the ALS Act, Public Law 116– 

250, 134 Stat. at 1128. 

ASO AL E5 Muscle Shoals, AL [Amended] 

Northwest Alabama Regional Airport, AL 

(Lat. 34°44′43′′ N, long. 87°36′37′′ W) 

That airspace extending upward from 700 

feet or more above the surface within a 6.8- 

mile 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. 2021–18422 Filed 8–26–21; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2021–0017] 

RIN 0960–AI59 

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. 

SUMMARY: 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 21235–6401, 

(410) 966–4794. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the SSDI program, individuals 

who have been found to be disabled are 

subject to a 5-month waiting period 

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 individual’s 5- 

month 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 Gehrig’s 

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 

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 

702(a)(5) of the Social Security Act, 42 

U.S.C. 902(A)(5). 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. 553(b)(B) 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. 553(d)(3). 

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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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48021 

1 80 FR 78130, 82 FR 41172, 83 FR 44228 and 84 

FR 45652. 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

(E.O.) 12866, as supplemented by E.O. 

13563. Thus, OMB did not review the 

final rule. We also determined that this 

final rule meets the plain language 

requirement of E.O. 12866. 

Executive Order 13132 (Federalism) 

We analyzed this final rule in 

accordance with the principles and 

criteria established by E.O. 13132 and 

determined that the final rule will not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism assessment. We also 

determined that this final rule would 

not preempt any State law or State 

regulation or affect the States’ abilities 

to discharge traditional State 

governmental functions. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities, 

because it affects individuals only. 

Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

This final rule only removes the 5- 

month waiting period in the regulations 

cited above but does not create any new 

or affect any existing collections. So, it 

does not impose any burdens under the 

Paperwork Reduction Act and does not 

require further OMB approval. 

(Catalog of Federal Domestic Assistance 

Program Nos. 9601, Social Security— 

Disability Insurance) 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Disability benefits, Old-age, 

survivors, and disability insurance, 

Reporting and recordkeeping 

requirements, Social security. 

The Acting Commissioner of the 

Social Security Administration, Kilolo 

Kijakazi, having reviewed and approved 

this document, is delegating the 

authority to electronically sign this 

document to William P. Gibson, who is 

the primary Federal Register Liaison for 

SSA, for purposes of publication in the 

Federal Register. 

William P. Gibson, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons stated in the 

preamble, we amend 20 CFR part 404, 

subpart D, as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart D—Old-Age, Disability, 

Dependents’ and Survivors’ Insurance 

Benefits; Period of Disability 

■ 1. The authority citation for subpart D 

of part 404 continues to read as follows: 

Authority: Secs. 202, 203(a) and (b), 

205(a), 216, 223, 225, and 702(a)(5) of the 

Social Security Act (42 U.S.C. 402, 403(a) 

and (b), 405(a), 416, 423, 425, and 902(a)(5)). 

■ 2. Amend § 404.315 by revising 

paragraph (a)(4) to read as follows: 

§ 404.315 Who is entitled to disability 

benefits? 

(a) * * * 

(4) You have been disabled for 5 full 

consecutive months or no waiting 

period is required. The 5-month waiting 

period begins with a month in which 

you were both insured for disability and 

disabled. Your waiting period can begin 

no earlier than the 17th month before 

the month you apply—no matter how 

long you were disabled before then. No 

waiting period is required if: 

(i) You were previously entitled to 

disability benefits or to a period of 

disability under § 404.320 any time 

within 5 years of the month you again 

became disabled; or 

(ii) You have been medically 

determined to have amyotrophic lateral 

sclerosis, and we approved your 

application for disability insurance 

benefits on or after July 23, 2020. 

* * * * * 

■ 3. Amend § 404.317 by adding a 

sentence after the third sentence to read 

as follows: 

§ 404.317 How is the amount of my 

disability benefit calculated? 

* * * If the 5-month waiting period 

is not required because you have been 

medically determined to have 

amyotrophic lateral sclerosis (see 

§ 404.315), your PIA is figured as if you 

were 62 years old when you become 

entitled to benefits. * * * 

[FR Doc. 2021–18435 Filed 8–26–21; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 11481] 

RIN 1400–AF35 

International Traffic in Arms 

Regulations (ITAR): Continued 

Temporary Modification of Category XI 

of the United States Munitions List 

AGENCY: Department of State. 

ACTION: Final rule; notification of 

temporary modification. 

SUMMARY: The Department of State, 

pursuant to its regulations and in the 

interest of the security of the United 

States, temporarily modifies Category XI 

of the United States Munitions List 

(USML). 

DATES: This rule is effective August 30, 

2021, except for amendatory instruction 

3, which is effective August 30, 2026. 

FOR FURTHER INFORMATION CONTACT: 

Chris Weil, Technology and Jurisdiction 

Analysis Division, Office of Defense 

Trade Controls Policy, Department of 

State, (202) 632–2870, 

DDTCPublicComments@state.gov. 

ATTN: ITAR Amendment—USML 

Category XI(b) (1400–AE88) 

SUPPLEMENTARY INFORMATION: On July 1, 

2014, the Department published a final 

rule revising Category XI of the USML, 

79 FR 37536, effective December 30, 

2014. That final rule, consistent with 

the two prior proposed rules for USML 

Category XI (78 FR 45018, July 25, 2013 

and 77 FR 70958, November 28, 2012), 

revised paragraph (b) of Category XI to 

clarify the extent of control and 

maintain the existing scope of control 

on items described in paragraph (b) and 

the directly related software described 

in paragraph (d). 

The Department later determined that 

exporters may read the revised control 

language to exclude certain intelligenceanalytics software that has been and 

remains controlled on the USML. 

Therefore, the Department determined 

that it was in the interest of the security 

of the United States to temporarily 

revise USML Category XI paragraph (b), 

pursuant to the provisions of 22 CFR 

126.2, while a long-term solution was 

developed. The Department published a 

final rule on July 2, 2015 (80 FR 37974) 

that temporarily modified USML 

Category XI(b) until December 29, 2015. 

The Department subsequently published 

a series of rules 1 that had the effect of 


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