[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Rules and Regulations]
[Pages 16531-16532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6983]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2011-0019]
RIN 0960-AH33
Technical Correction for Neurological Listing Cross-Reference
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are making a technical correction to a listing in the
neurological body system in the Listing of Impairments. We are
correcting a cross-reference that became outdated when we published
revisions elsewhere in the Listing of Impairments in 2010. This
technical correction will provide an updated cross-reference to conform
to the 2010 revisions.
DATES: This final rule is effective March 24, 2011.
FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Office of Medical
Listings Improvement, Social Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. 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: On June 2, 2010, we published final rules
that revised the portions of section 102.00 (the Special Senses and
Speech body system for children) regarding the evaluation of hearing
loss.\1\ The rules became effective on August 2, 2010. When we revised
the listings for hearing loss in children, we inadvertently did not
also revise listing 111.09C in the neurological disorders body system
for children. That listing, which addresses communication impairment
associated with a neurological disorder, cross-refers to our prior
listing for hearing loss in children: listing 102.08. We removed
listing 102.08 when we published the 2010 final rules. Since we no
longer have that listing, we must correct listing 111.09C.
---------------------------------------------------------------------------
\1\ 75 FR 30693 (June 2, 2010).
---------------------------------------------------------------------------
Before the final rules we published in 2010 became effective,
listing 102.08 was the only listing for hearing loss in children. We
now have two such listings: listings 102.10 and 102.11. In the notice
of proposed rulemaking for the hearing loss listing changes, we
explained that we were revising listing 102.08 and changing it to
listing 102.10, and that we would use it only for children who do not
have cochlear implants. We also explained that we were adding a new
listing 102.11 for children who have cochlear implants.\2\ Both
listings include criteria for children with hearing loss who have
communication impairments.\3\ Therefore, we are changing the cross-
reference in listing 111.09C to refer to both of the current listings.
---------------------------------------------------------------------------
\2\ 73 FR 47103, 47107 (August 13, 2008).
\3\ See listings 102.10B2, 102.10B3, and 102.11B, 75 FR at
30704.
---------------------------------------------------------------------------
[[Page 16532]]
Regulatory Procedures
We follow 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). The APA
provides exceptions to its 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. 5 U.S.C. 553(b)(B). The change we are making in this rule
only corrects an error in a cross-reference. Because the change we are
making is only a minor technical correction to a rule to correct an
outdated cross-reference, we have determined that the opportunity for
prior comment is unnecessary. Therefore, we are issuing this rule as a
final rule.
In addition, we find that there is good cause for dispensing with
the 30-day delay in the effective date of a substantive rule provided
by 5 U.S.C. 553(d)(3). For the reasons already discussed, because this
change is a minor technical correction to a rule, a delay in the
effective date is unnecessary.
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 requirements for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. Therefore, it was not subject to
OMB review.
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 only individuals. Therefore, a regulatory flexibility analysis
was not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
This rule does not create any new or affect any existing
collections, and therefore, does not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(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; and 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.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, we are amending subpart P
of part 404 of chapter III of title 20 of the Code of Federal
Regulations as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
0
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),
(i), and (j), 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), (i),
and (j), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-
193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509
(42 U.S.C. 902 note).
0
2. Amend appendix 1 to subpart P of part 404 by revising section
111.09C of part B to read as follows:
APPENDIX 1 TO SUBPART P OF PART 404--LISTING OF IMPAIRMENTS
* * * * *
Part B
* * * * *
111.00 [Neurological]
* * * * *
111.09 * * *
C. Impairment of hearing as described under the criteria in
102.10 or 102.11.
* * * * *
[FR Doc. 2011-6983 Filed 3-23-11; 8:45 am]
BILLING CODE 4191-02-P