[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]


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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.

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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correcting a cross-reference that became outdated when we published 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.
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    \1\ 75 FR 30693 (June 2, 2010).
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    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.
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    \2\ 73 FR 47103, 47107 (August 13, 2008).
    \3\ See listings 102.10B2, 102.10B3, and 102.11B, 75 FR at 
30704.

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[[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