Change in Terminology: “Mental Retardation” to “Intellectual Disability”, 5755-5757 [2013-01522]

Download as PDF Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Proposed Rules entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This proposed rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This proposed regulation is within the scope of that authority as it would amend Class D and Class E airspace at Reading Regional/Carl A. Spaatz Field, Reading, PA. This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. SOCIAL SECURITY ADMINISTRATION Paragraph 6002 Class E Airspace Designated as Surface Areas RIN 0960–AH52 * Airspace, Incorporation by reference, Navigation (Air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: ■ * * Reading, PA [Amended] * AEA PA E4 * [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, effective September 15, 2012, is amended as follows: ■ Paragraph 5000 Class D Airspace AEA PA D Reading, PA [Amended] Reading Regional/Carl A. Spaatz Field, Reading, PA (Lat. 40°22′42″ N., long. 75°57′55″ W.) That airspace extending upward from the surface to and including 2,800 feet MSL within a 4.8-mile radius of Reading Regional/ Carl A. Spaatz Field. This Class D airspace VerDate Mar<15>2010 16:17 Jan 25, 2013 Jkt 229001 * Reading, PA [Amended] Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. AEA PA E5 § 71.1 * * Reading Regional/Carl A. Spaatz Field, Reading, PA (Lat. 40°22′42″ N., long. 75°57′55″ W.) That airspace extending from the surface within 4-miles either side of the 172° bearing from Reading Regional/Carl A. Spaatz Field extending from the 4.8-mile radius to 10.1 miles south of the airport. This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. * * * Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area. * * * Reading Regional/Carl A. Spaatz Field, Reading, PA (Lat. 40°22′42″ N., long. 75°57′55″ W.) That airspace extending from the surface within a 4.8-mile radius of Reading Regional/ Carl A. Spaatz Field, and within 4- miles either side of the 172° bearing from the airport, extending from the 4.8-mile radius, to 10.1-miles south of the airport. This Class E airspace area is effective during specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. tkelley on DSK3SPTVN1PROD with * AEA PA E2 * Lists of Subjects in 14 CFR Part 71 5755 * * * * Reading, PA [Amended] Reading Regional/Carl A. Spaatz Field, Reading, PA (Lat. 40°22′42″ N., long. 75°57′55″ W.) That airspace extending upward from 700 feet above the surface within a 10.3-mile radius of Reading Regional/Carl A. Spaatz Field. Issued in College Park, Georgia, on January 18, 2013. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. 2013–01719 Filed 1–25–13; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 20 CFR Parts 404 and 416 [Docket No. SSA–2012–0066] Change in Terminology: ‘‘Mental Retardation’’ to ‘‘Intellectual Disability’’ Social Security Administration. Notice of proposed rulemaking. AGENCY: ACTION: We propose to replace the term ‘‘mental retardation’’ with ‘‘intellectual disability’’ in our Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act) and in other appropriate sections of our rules. This change would reflect the widespread adoption of the term ‘‘intellectual disability’’ by Congress, government agencies, and various public and private organizations. DATES: To ensure that your comments are considered, we must receive them no later than February 27, 2013. ADDRESSES: You may submit comments by any one of three methods—Internet, fax, or mail. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to Docket No. SSA–2012–0066, so that we may associate your comments with the correct regulation. Caution: You should be careful to include in your comments only information that you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as Social Security numbers or medical information. 1. Internet: We strongly recommend that you submit your comments via the Internet. Please visit the Federal eRulemaking portal at https:// www.regulations.gov. Use the Search function to find docket number SSA– 2012–0066. The system will issue a tracking number to confirm your submission. You will not be able to view your comment immediately because we must post each comment manually. It may take up to a week for your comment to be viewable. 2. Fax: Fax comments to (410) 966– 2830. 3. Mail: Address your comments to the Office of Regulations and Reports Clearance, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401. SUMMARY: E:\FR\FM\28JAP1.SGM 28JAP1 5756 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Proposed Rules Comments are available for public viewing on the Federal eRulemaking portal at https://www.regulations.gov or in person, during regular business hours, by arranging with the contact person identified below. 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 https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with Background The term ‘‘intellectual disability’’ is gradually replacing the term ‘‘mental retardation’’ nationwide. Advocates for individuals with intellectual disability have rightfully asserted that the term ‘‘mental retardation’’ has negative connotations, has become offensive to many people, and often results in misunderstandings about the nature of the disorder and those who have it. In October 2010, partly in response to these concerns, Congress passed Rosa’s Law, which changed references to ‘‘mental retardation’’ in specified Federal laws to ‘‘intellectual disability,’’ and references to ‘‘a mentally retarded individual’’ to ‘‘an individual with an intellectual disability.’’ 1 Rosa’s Law also required the Federal agencies that administer affected laws to make conforming amendments to their regulations. Rosa’s Law did not specifically include titles II and XVI of the Act within its scope, and therefore, did not require us to make any changes to our existing regulations. However, consistent with the concerns expressed by Congress when it enacted Rosa’s Law, and in response to numerous inquiries from advocate organizations, we propose to revise our rules to use the term ‘‘intellectual disability’’ in the name of our current listings and in our other regulations. In so doing, we would join other agencies that have responded to the spirit of the law, even though Rosa’s Law did not require them to change their terminology.2 However, unlike other agencies that adopted the use of the term ‘‘intellectual disability,’’ we are bound by a legal definition of the word ‘‘disability.’’ The Act and our regulations define 1 Public Law 111–256. 2 See 77 FR 29002, 77 FR 6022–01. VerDate Mar<15>2010 16:17 Jan 25, 2013 Jkt 229001 ‘‘disability’’ in specific terms and outline the requirements that an individual must meet in order to establish entitlement or eligibility to receive disability benefits.3 As a result, a person who has a medically determinable intellectual impairment, including intellectual disability, is not ‘‘under a disability’’ within the meaning of the Act until we have determined that the impairment satisfies all of the statutory and regulatory requirements for establishing disability; that is, until we find that the impairment results in an inability to do any substantial gainful activity, or, in a child under title XVI, results in marked and severe functional limitations. Consequently, the use of the term ‘‘intellectual disability’’ would not mean that we will necessarily find an individual disabled within the meaning of the Act. Under this proposed change, an individual would be able to file a claim based on having ‘‘intellectual disability’’ under our rules. We may find the individual to have a medically determinable intellectual impairment that is severe at the second step of our sequential evaluation process, but that does not meet or equal the requirements of our current listings. At the fourth and fifth steps of our sequential evaluation process, we may find that an individual with a medically determinable intellectual impairment has the residual functional capacity to perform his or her past relevant work, or has the capacity to perform a significant number of jobs in the national economy, and is therefore not ‘‘under a disability’’ as defined in the Act. What changes are we proposing? We propose to replace the term ‘‘mental retardation’’ with ‘‘intellectual disability’’ wherever it appears in the listings and in our other rules. The proposed changes would affect listings 12.05 and 112.05; the introductions to 10.00, the Part A adult listings, and 110.00, the Part B child listings for impairments that affect multiple body systems; the introductions to 12.00, the Part A adult listings, and 112.00, the Part B child listings for mental disorders; and sections 404.1513(a)(2) and 416.913(a)(2). We also propose to replace the words ‘‘mentally retarded children’’ with ‘‘children with intellectual disability’’ in the examples in sections 404.2045(a) and 416.645(a). As part of our ongoing commitment to update and improve our listings, we published a Notice of Proposed Rulemaking (NPRM) on August 19, 3 Sections 216(i)(1) and 1614(a)(3)(B)–(C) of the Act. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 2010, in which we proposed to revise the criteria in the listings that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Act.4 We are currently considering the comments received in response to the NPRM in our revision of the mental disorders listings. The proposed language change in this rule is not in response to that NPRM. Additionally, this nomenclature change would not make any other changes to our current listings or other rules and therefore would not affect how we evaluate a claim based on ‘‘intellectual disability.’’ Regulatory Procedures Executive Order 12866, as Supplemented by Executive Order 13563 We have consulted with the Office of Management and Budget (OMB) and determined that this proposed rule meets the criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, OMB reviewed it. Regulatory Flexibility Act We certify that this proposed rule will not have a significant economic impact on a substantial number of small entities because it affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. Paperwork Reduction Act While this proposed rule will not impose new public reporting burdens, it will require changes to existing OMBapproved information collections that contain the language referenced in this rule. We will make changes to the affected information collections via separate non-substantive change requests. (Catalog of Federal Domestic Program Nos. 96.001, Social Security—Disability Insurance; 96.002, Social Security— Retirement Insurance; 96.004, Social Security—Survivors Insurance; and No. 96.006—Supplemental Security Income.) List of Subjects 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-Age, Survivors, and Disability Insurance, Reporting and recordkeeping requirements, Social Security. 4 75 FR 51336. We also published a notice with a limited reopening of the NPRM comment period on November 24, 2010, at 75 FR 71632. E:\FR\FM\28JAP1.SGM 28JAP1 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Proposed Rules 20 CFR Part 416 PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Administrative practice and procedure, Medicaid, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Subpart F—Representative Payment 6. The authority citation for subpart F of part 416 continues to read as follows: ■ Dated: January 18, 2013. Michael J. Astrue, Commissioner of Social Security. For the reasons set out in the preamble, we propose to amend 20 CFR chapter III as follows: Authority: Secs. 702(a)(5), 1613(a)(2) and (d)(1) of the Social Security Act (42 U.S.C. 902(a)(5) and 1383(a)(2) and (d)(1)). § 416.645 [Amended] 7. Amend the example in § 416.645(a) by removing the words ‘‘mentally retarded children’’ and adding in their place ‘‘children with intellectual disability’’. ■ PART 404—FEDERAL OLD–AGE, SURVIVORS, AND DISABILITY INSURANCE Subpart P—Determining Disability and Blindness 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). § 404.1513 [Amended] 2. Amend § 404.1513(a)(2) by removing the words ‘‘mental retardation’’ and adding in their place ‘‘intellectual disability’’. ■ Appendix 1 to Subpart P of Part 404 [Amended] Subpart I—Determining Disability and Blindness 8. The authority citation for subpart I of part 416 continues to read as follows: ■ Authority: Secs. 221(m), 702(a)(5), 1611, 1614, 1619, 1631(a), (c), (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C. 421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and (p), and 1383b); secs. 4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98– 460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 note, and 1382h note). § 416.913 [Amended] 9. Amend § 416.913(a)(2) by removing the words ‘‘mental retardation’’ and adding in their place ‘‘intellectual disability’’. ■ [FR Doc. 2013–01522 Filed 1–25–13; 8:45 am] BILLING CODE 4191–02–P 3. Amend Appendix 1 to subpart P of part 404 by: ■ a. Removing the words ‘‘mental retardation’’ and adding in their place ‘‘intellectual disability’’ wherever they occur; ■ b. Removing the words ‘‘Mental retardation’’ and adding in their place ‘‘Intellectual disability’’ wherever they occur; and ■ c. Removing the words ‘‘Mental Retardation’’ and adding in their place ‘‘Intellectual Disability’’ wherever they occur. ■ Subpart U—Representative Payment 4. The authority citation for subpart U of part 404 continues to read as follows: ■ Authority: Secs. 205(a), (j), and (k), and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)). tkelley on DSK3SPTVN1PROD with § 404.2045 [Amended] 5. Amend the example in § 404.2045(a) by removing the words ‘‘mentally retarded children’’ and adding in their place ‘‘children with intellectual disability’’. ■ VerDate Mar<15>2010 16:17 Jan 25, 2013 Jkt 229001 DEPARTMENT OF JUSTICE 28 CFR Part 25 [Docket No. FBI 152: AG Order No. 3362– 2013] RIN 1110–AA27 National Instant Criminal Background Check System Federal Bureau of Investigation (FBI), Department of Justice. ACTION: Notice of proposed rulemaking. AGENCY: The Department of Justice (the Department) proposes three amendments to part 25 of title 28 of the Code of Federal Regulations. These proposed changes are intended to promote public safety, to enhance the efficiency of the National Instant Criminal Background Check System (NICS) operations, and to resolve difficulties created by unforeseen processing conflicts within the system. The proposed amendments are for the following purposes: to add tribal criminal justice agencies to those SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 5757 entities authorized to receive information in connection with the issuance of a firearm-related permit or license; to authorize access for criminal justice agencies to the FBI-maintained NICS Index to permit background checks for the purpose of disposing of firearms in the possession of those agencies; and to permit NICS to retain in a separate database its Audit Log records relating to denied transactions beyond 10 years, rather than transferring them to a Federal Records Center for storage. Written comments must be postmarked and electronic comments must be submitted on or before March 29, 2013. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Time on the last day of the comment period. ADDRESSES: You may submit comments, identified by Docket No. FBI 152, by either of the following methods: • Federal Regulations Web site: You may review this regulation on https:// www.regulations.gov and use the comment form for this regulation to submit your comments. You must include Docket No. FBI 152 in the subject box of your message. • Mail: You may use the U.S. Postal Service or other commercial delivery services to submit written comments to Section Chief Paul Wysopal, Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, NICS Section, Module A3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306 or by facsimile to (304) 625–0550. To ensure proper handling, please reference Docket No. FBI 152 on your correspondence. You may view an electronic version of this proposed rule at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Patricia Traxler, NICS Strategy and Systems Unit, Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, NICS Section, Module A3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306, telephone number (304) 625– 7372. DATES: SUPPLEMENTARY INFORMATION: I. Posting of Public Comments II. Background III. Regulatory Proposals Proposal #1: Accessing Records in the System (28 CFR 25.6(j)(1)) Proposal #2: Accessing Records in the System (28 CFR 25.6(j)(3)) Proposal #3: Storage Location of NICS Audit Log records relating to denied transactions (28 CFR 25.9(b)(1)(i)) IV. Regulatory Certifications E:\FR\FM\28JAP1.SGM 28JAP1

Agencies

Social Security Administration

[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Proposed Rules]
[Pages 5755-5757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01522]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2012-0066]
RIN 0960-AH52


Change in Terminology: ``Mental Retardation'' to ``Intellectual 
Disability''

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: We propose to replace the term ``mental retardation'' with 
``intellectual disability'' in our Listing of Impairments (listings) 
that we use to evaluate claims involving mental disorders in adults and 
children under titles II and XVI of the Social Security Act (Act) and 
in other appropriate sections of our rules. This change would reflect 
the widespread adoption of the term ``intellectual disability'' by 
Congress, government agencies, and various public and private 
organizations.

DATES: To ensure that your comments are considered, we must receive 
them no later than February 27, 2013.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2012-0066, so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the Internet. Please visit the Federal eRulemaking portal at https://www.regulations.gov. Use the Search function to find docket number 
SSA-2012-0066. The system will issue a tracking number to confirm your 
submission. You will not be able to view your comment immediately 
because we must post each comment manually. It may take up to a week 
for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 107 Altmeyer 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.

[[Page 5756]]

    Comments are available for public viewing on the Federal 
eRulemaking portal at https://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

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 https://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Background

    The term ``intellectual disability'' is gradually replacing the 
term ``mental retardation'' nationwide. Advocates for individuals with 
intellectual disability have rightfully asserted that the term ``mental 
retardation'' has negative connotations, has become offensive to many 
people, and often results in misunderstandings about the nature of the 
disorder and those who have it.
    In October 2010, partly in response to these concerns, Congress 
passed Rosa's Law, which changed references to ``mental retardation'' 
in specified Federal laws to ``intellectual disability,'' and 
references to ``a mentally retarded individual'' to ``an individual 
with an intellectual disability.'' \1\ Rosa's Law also required the 
Federal agencies that administer affected laws to make conforming 
amendments to their regulations.
---------------------------------------------------------------------------

    \1\ Public Law 111-256.
---------------------------------------------------------------------------

    Rosa's Law did not specifically include titles II and XVI of the 
Act within its scope, and therefore, did not require us to make any 
changes to our existing regulations. However, consistent with the 
concerns expressed by Congress when it enacted Rosa's Law, and in 
response to numerous inquiries from advocate organizations, we propose 
to revise our rules to use the term ``intellectual disability'' in the 
name of our current listings and in our other regulations. In so doing, 
we would join other agencies that have responded to the spirit of the 
law, even though Rosa's Law did not require them to change their 
terminology.\2\
---------------------------------------------------------------------------

    \2\ See 77 FR 29002, 77 FR 6022-01.
---------------------------------------------------------------------------

    However, unlike other agencies that adopted the use of the term 
``intellectual disability,'' we are bound by a legal definition of the 
word ``disability.'' The Act and our regulations define ``disability'' 
in specific terms and outline the requirements that an individual must 
meet in order to establish entitlement or eligibility to receive 
disability benefits.\3\ As a result, a person who has a medically 
determinable intellectual impairment, including intellectual 
disability, is not ``under a disability'' within the meaning of the Act 
until we have determined that the impairment satisfies all of the 
statutory and regulatory requirements for establishing disability; that 
is, until we find that the impairment results in an inability to do any 
substantial gainful activity, or, in a child under title XVI, results 
in marked and severe functional limitations. Consequently, the use of 
the term ``intellectual disability'' would not mean that we will 
necessarily find an individual disabled within the meaning of the Act.
---------------------------------------------------------------------------

    \3\ Sections 216(i)(1) and 1614(a)(3)(B)-(C) of the Act.
---------------------------------------------------------------------------

    Under this proposed change, an individual would be able to file a 
claim based on having ``intellectual disability'' under our rules. We 
may find the individual to have a medically determinable intellectual 
impairment that is severe at the second step of our sequential 
evaluation process, but that does not meet or equal the requirements of 
our current listings. At the fourth and fifth steps of our sequential 
evaluation process, we may find that an individual with a medically 
determinable intellectual impairment has the residual functional 
capacity to perform his or her past relevant work, or has the capacity 
to perform a significant number of jobs in the national economy, and is 
therefore not ``under a disability'' as defined in the Act.

What changes are we proposing?

    We propose to replace the term ``mental retardation'' with 
``intellectual disability'' wherever it appears in the listings and in 
our other rules. The proposed changes would affect listings 12.05 and 
112.05; the introductions to 10.00, the Part A adult listings, and 
110.00, the Part B child listings for impairments that affect multiple 
body systems; the introductions to 12.00, the Part A adult listings, 
and 112.00, the Part B child listings for mental disorders; and 
sections 404.1513(a)(2) and 416.913(a)(2). We also propose to replace 
the words ``mentally retarded children'' with ``children with 
intellectual disability'' in the examples in sections 404.2045(a) and 
416.645(a).
    As part of our ongoing commitment to update and improve our 
listings, we published a Notice of Proposed Rulemaking (NPRM) on August 
19, 2010, in which we proposed to revise the criteria in the listings 
that we use to evaluate claims involving mental disorders in adults and 
children under titles II and XVI of the Act.\4\ We are currently 
considering the comments received in response to the NPRM in our 
revision of the mental disorders listings. The proposed language change 
in this rule is not in response to that NPRM. Additionally, this 
nomenclature change would not make any other changes to our current 
listings or other rules and therefore would not affect how we evaluate 
a claim based on ``intellectual disability.''
---------------------------------------------------------------------------

    \4\ 75 FR 51336. We also published a notice with a limited 
reopening of the NPRM comment period on November 24, 2010, at 75 FR 
71632.
---------------------------------------------------------------------------

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this proposed rule meets the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB reviewed it.

Regulatory Flexibility Act

    We certify that this proposed rule will not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Paperwork Reduction Act

    While this proposed rule will not impose new public reporting 
burdens, it will require changes to existing OMB-approved information 
collections that contain the language referenced in this rule. We will 
make changes to the affected information collections via separate non-
substantive change requests.

(Catalog of Federal Domestic Program Nos. 96.001, Social Security--
Disability Insurance; 96.002, Social Security--Retirement Insurance; 
96.004, Social Security--Survivors Insurance; and No. 96.006--
Supplemental Security Income.)

List of Subjects

20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-Age, Survivors, and Disability Insurance, Reporting and 
recordkeeping requirements, Social Security.

[[Page 5757]]

20 CFR Part 416

    Administrative practice and procedure, Medicaid, Reporting and 
recordkeeping requirements, Supplemental Security Income (SSI).

    Dated: January 18, 2013.
Michael J. Astrue,
Commissioner of Social Security.
    For the reasons set out in the preamble, we propose to amend 20 CFR 
chapter III as follows:

PART 404--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

Subpart P--Determining Disability and Blindness

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).


Sec.  404.1513  [Amended]

0
2. Amend Sec.  404.1513(a)(2) by removing the words ``mental 
retardation'' and adding in their place ``intellectual disability''.

Appendix 1 to Subpart P of Part 404 [Amended]

0
3. Amend Appendix 1 to subpart P of part 404 by:
0
a. Removing the words ``mental retardation'' and adding in their place 
``intellectual disability'' wherever they occur;
0
b. Removing the words ``Mental retardation'' and adding in their place 
``Intellectual disability'' wherever they occur; and
0
c. Removing the words ``Mental Retardation'' and adding in their place 
``Intellectual Disability'' wherever they occur.

Subpart U--Representative Payment

0
4. The authority citation for subpart U of part 404 continues to read 
as follows:

    Authority: Secs. 205(a), (j), and (k), and 702(a)(5) of the 
Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)).


Sec.  404.2045  [Amended]

0
5. Amend the example in Sec.  404.2045(a) by removing the words 
``mentally retarded children'' and adding in their place ``children 
with intellectual disability''.

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart F--Representative Payment

0
6. The authority citation for subpart F of part 416 continues to read 
as follows:

    Authority:  Secs. 702(a)(5), 1613(a)(2) and (d)(1) of the Social 
Security Act (42 U.S.C. 902(a)(5) and 1383(a)(2) and (d)(1)).


Sec.  416.645  [Amended]

0
7. Amend the example in Sec.  416.645(a) by removing the words 
``mentally retarded children'' and adding in their place ``children 
with intellectual disability''.

Subpart I--Determining Disability and Blindness

0
8. The authority citation for subpart I of part 416 continues to read 
as follows:

    Authority:  Secs. 221(m), 702(a)(5), 1611, 1614, 1619, 1631(a), 
(c), (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C. 
421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and 
(p), and 1383b); secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L. 
98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 
note, and 1382h note).


Sec.  416.913  [Amended]

0
9. Amend Sec.  416.913(a)(2) by removing the words ``mental 
retardation'' and adding in their place ``intellectual disability''.
[FR Doc. 2013-01522 Filed 1-25-13; 8:45 am]
BILLING CODE 4191-02-P

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