Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 47113 

Hz. To determine whether your hearing 

loss meets the bone conduction criterion 

in 102.10B1, we will average the bone 

conduction hearing thresholds at 500, 

1000, 2000, and 4000 Hz. 

iii. The SRT is the minimal decibel 

(dB) level required for you to recognize 

a standard list of words. The SRT is 

usually within 10 dB of the average pure 

tone air conduction hearing thresholds 

at 500, 1000, and 2000 Hz. If the SRT 

is not within 10 dB of the average pure 

tone air conduction threshold, the 

reason for the discrepancy should be 

documented. 

iv. Word recognition testing 

determines your ability to recognize a 

standardized list of phonetically 

balanced monosyllabic words in the 

absence of any visual cues. This testing 

must be performed in quiet. The words 

should be presented at a level of 

amplification that will measure your 

maximum ability to discriminate words, 

usually 35 to 40 dB above your SRT. 

However, the amplification level used 

in the testing must be medically 

appropriate and you must be able to 

tolerate it. The individual who performs 

the test should report your word 

recognition testing score at your highest 

comfortable level of amplification. 

g. Screening Testing. ABR and other 

physiologic testing, such as otoacoustic 

emissions (OAE), can be used as hearing 

screening tests. When such testing is 

used as hearing screening tests, we will 

not use the results to determine that 

your hearing loss meets or medically 

equals a listing, or to assess functional 

limitations due to your hearing loss. We 

can, however, consider normal results 

from hearing screening tests to 

determine whether your hearing loss is 

severe when these test results are 

consistent with the other evidence in 

your case record. See § 416.924(c). 

3. What audiometric testing do we 

need when you have a cochlear 

implant? 

a. If you have a cochlear implant, we 

will consider you to be disabled until 

age 5, or for 1 year after implantation, 

whichever is later. 

b. After that period, we need word 

recognition testing performed with the 

Hearing in Noise Test (HINT) or the 

Hearing in Noise Test for Children 

(HINT–C). This testing must be 

conducted in quiet in a sound field with 

your implant adjusted to your normal 

settings. The sentences should be 

presented at 60 dB HL (hearing level) 

and without any visual cues. 

4. How do we evaluate your word 

recognition ability if you are not fluent 

in English? If you are not fluent in 

English, it may not be possible to 

measure your word recognition ability. 

If your word recognition ability cannot 

be measured, your hearing loss cannot 

meet 102.10B2 or 102.11B. Instead, we 

will consider the facts of your case to 

determine whether you have difficulty 

understanding words in the language in 

which you are most fluent, and if so, 

whether that degree of difficulty 

medically equals 102.10B2 or 102.11B. 

For example, we will consider how you 

interact with family members, 

interpreters, and other individuals who 

speak the language in which you are 

most fluent. 

5. What do we mean by a marked 

limitation in speech or language as used 

in 102.10B3? 

a. We will consider you to have a 

marked limitation in speech if: 

i. According to the unfamiliar listener, 

entire phrases or sentences in your 

conversation are intelligible 

approximately 60 percent of the time or 

less on the first attempt; and 

ii. Your sound production or 

phonological patterns (the ways in 

which you combine speech sounds) are 

atypical for your age. 

b. We will consider you to have a 

marked limitation in language when 

your current and valid test score on an 

appropriate comprehensive, 

standardized test of overall language 

functioning is at least two standard 

deviations below the mean. In addition, 

the evidence of your daily 

communication functioning must be 

consistent with your test score. If you 

are not fluent in English, it may not be 

possible to test your language 

performance. If we cannot test your 

language performance, your hearing loss 

cannot meet 102.10B3. Instead, we will 

consider the facts of your case to 

determine whether your hearing loss 

medically equals 102.10B3. 

* * * * * 

102.01 Category of Impairments, 

Special Senses and Speech 

* * * * * 

102.10 Hearing loss not treated with 

cochlear implantation. 

A. For children from birth to the 

attainment of age 5, an average air 

conduction hearing threshold of 50 

decibels or greater in the better ear (see 

102.00B2); or 

B. For children from age 5 to the 

attainment of age 18: 

1. An average air conduction hearing 

threshold of 70 decibels or greater in the 

better ear and an average bone 

conduction hearing threshold of 40 

decibels or greater in the better ear (see 

102.00B2f); or 

2. A word recognition score of 40 

percent or less in the better ear 

determined using a standardized list of 

phonetically balanced monosyllabic 

words (see 102.00B2f); or 

3. An average air conduction hearing 

threshold of 50 decibels or greater in the 

better ear and a marked limitation in 

speech or language (see 102.00B2f and 

102.00B5). 

102.11 Hearing loss treated with 

cochlear implantation. 

A. Consider under a disability until 

the attainment of age 5, or for 1 year 

after implantation, whichever is later; or 

B. Upon the attainment of age 5 or 1 

year after implantation, whichever is 

later, a word recognition score of 60 

percent or less determined using the 

HINT or the HINT–C (see 102.00B3b). 

* * * * * 

[FR Doc. E8–18718 Filed 8–12–08; 8:45 am] 

BILLING CODE 4191–02–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 and 255 

[Docket No. RM 2000–7] 

Compulsory License for Making and 

Distributing Phonorecords, Including 

Digital Phonorecord Deliveries 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Extension of time to file 

comments and reply comments; Notice 

of Hearing. 

SUMMARY: The Copyright Office is 

extending the time in which comments 

and reply comments may be filed in 

response to its Notice of Proposed 

Rulemaking proposing to amend its 

regulations to clarify the scope and 

application of the Section 115 

compulsory license to make and 

distribute phonorecords of a musical 

work by means of digital phonorecord 

deliveries. 73 FR 40802. The Office is 

also announcing a hearing on the 

proposed rulemaking to take place on 

September 19, 2008. 

DATES: Comments must be received in 

the Office of the General Counsel of the 

Copyright Office no later than Thursday, 

August 28, 2008 at 5:00 p.m. Reply 

Comments must be received no later 

than Monday, September 15, 2008 at 

5:00 p.m. The hearing will take place on 

Friday, September 19, 2008, 

commencing at 10:00 a.m. in the 

Copyright Hearing Room at the Library 

of Congress, Room LM–408, 4th Floor, 

James Madison Building, 101 

Independence Avenue, SE, Washington, 

DC. Requests to testify at the hearing 

must be received in writing no later 


hsrobinson on PROD1PC76 with PROPOSALS
47114 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 

than Friday, September 12, 2008 at 5:00 

p.m. 

ADDRESSES: If hand delivered by a 

private party, an original and five copies 

of a comment or reply comment should 

be brought to the Library of Congress, 

U.S. Copyright Office, Room LM–401, 

James Madison Building, 101 

Independence Ave., SE, Washington, DC 

20559, between 8:30 a.m. and 5 p.m. 

The envelope should be addressed as 

follows: Office of the General Counsel, 

U.S. Copyright Office. 

If delivered by a commercial courier, 

an original and five copies of a comment 

or reply comment must be delivered to 

the Congressional Courier Acceptance 

Site (‘‘CCAS’’) located at 2nd and D 

Streets, NE, Washington, DC between 

8:30 a.m. and 4 p.m. The envelope 

should be addressed as follows: Office 

of the General Counsel, U.S. Copyright 

Office, LM–403, James Madison 

Building, 101 Independence Avenue, 

SE, Washington, DC 20559. Please note 

that CCAS will not accept delivery by 

means of overnight delivery services 

such as Federal Express, United Parcel 

Service or DHL. 

If sent by mail (including overnight 

delivery using U.S. Postal Service 

Express Mail), an original and five 

copies of a comment or reply comment 

should be addressed to U.S. Copyright 

Office, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Tanya M. Sandros, General Counsel, or 

Stephen Ruwe, Attorney Advisor, 

Copyright GC/I&R, P.O. Box 70400, 

Washington, DC 20024. Telephone: 

(202) 707–8380. Telefax: (202) 707–

8366. 

SUPPLEMENTARY INFORMATION: On July 

16, 2008, the Copyright Office published 

a Notice of Proposed Rulemaking 

(‘‘NPRM’’) seeking comment on 

proposed amendments to its regulations 

to clarify the scope and application of 

the Section 115 compulsory license to 

make and distribute phonorecords of a 

musical work by means of digital 

phonorecord deliveries. 73 FR 40802. 

The Notice stated that written 

comments must be received in the 

Office of the General Counsel of the 

Copyright Office no later than August 

15, 2008 and reply comments must be 

received in the Office of the General 

Counsel of the Copyright Office no later 

than September 2, 2008. 

The Copyright Office has received 

requests from various parties who wish 

to submit comments and who seek an 

extension of time to file those comments 

in this proceeding. Each of the requests 

referred, among other things, to the 

recent decision of the United States 

Court of Appeals for the Second Circuit 

in The Cartoon Network LP v. CSC 

Holdings, Inc., 07–1480–CV (2d. Cir. 

Aug. 4, 2008), in which the Court of 

Appeals reversed a district court ruling 

cited by the Office in the Notice of 

Proposed Rulemaking. 

The Office agrees that the ruling in 

the Cartoon Network case may be 

pertinent to the issues raised in this 

rulemaking and that interested parties 

should be given sufficient time in which 

to consider and comment upon the 

implications of that ruling. Therefore, 

the Office has decided to extend the 

deadlines for submission of comments. 

Comments must be received in the 

Office of the General Counsel of the 

Copyright Office no later than Thursday, 

August 28, 2008 at 5:00 p.m. Reply 

Comments must be received no later 

than Monday, September 15, 2008 at 

5:00 p.m. The purpose of reply 

comments is to respond to what is said 

in the initial round of comments. The 

Office will post the initial comments on 

its website, www.copyright.gov, shortly 

after the August 28 deadline. 

The Office has also determined that it 

would be helpful to conduct a hearing 

on the proposed rulemaking. The 

hearing will take place on Friday, 

September 19, 2008 in the Copyright 

Hearing Room at the Library of 

Congress, Room LM–408, 4th Floor, 

James Madison Building, 101 

Independence Avenue, SE, Washington, 

DC. 

Persons wishing to testify at the 

hearing must submit a Request to 

Testify, which must be received in the 

Office of the General Counsel of the 

Copyright Office no later than Friday, 

September 12, 2008 at 5:00 p.m. If any 

person wishing to testify has not 

submitted a written comment, the 

Request to Testify must be accompanied 

by a statement summarizing that 

person’s testimony. 

The capacity of the room in which the 

hearing will be held is limited. Persons 

other than persons testifying will be 

admitted on a first–come, first–served 

basis. 

Dated: August 8, 2008. 

David O. Carson, 

Associate Register for Policy & International 

Affairs 

[FR Doc. E8–18799 Filed 8–12–04; 8:45 am] 

BILLING CODE 1410–30–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–8703–7] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Proposed rule—Consistency 

Update. 

SUMMARY: EPA is proposing to update a 

portion of the Outer Continental Shelf 

(‘‘OCS’’) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of States’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (‘‘COA’’), as 

mandated by section 328(a)(1) of the 

Clean Air Act, as amended in 1990 (‘‘the 

Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources by the Santa Barbara County Air 

Pollution Control District (Santa Barbara 

County APCD). The intended effect of 

approving the OCS requirements for the 

Santa Barbara County APCD is to 

regulate emissions from OCS sources in 

accordance with the requirements 

onshore. The change to the existing 

requirements discussed below is 

proposed to be incorporated by 

reference into the Code of Federal 

Regulations and is listed in the 

appendix to the OCS air regulations. 

DATES: Any comments must arrive by 

September 12, 2008. 

ADDRESSES: Submit comments, 

identified by docket number OAR–

2004–0091, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 


hsrobinson on PROD1PC76 with PROPOSALS