[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33527-33530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11899]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules
and Regulations
[[Page 33527]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 9 and 35
[NRC-2018-0303]
RIN 3150-AK27
Social Security Number Fraud Prevention
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to implement the Social Security Number Fraud Prevention
Act of 2017. This statute directed agencies to issue regulations that
prohibit the inclusion of an individual's Social Security account
number (Social Security number or SSN) on any document sent through the
mail unless the head of the agency deems it necessary and the
appropriate precautions are taken to protect the SSN. Applicants,
licensees, and members of the public who are required to submit a form
containing a SSN may be affected.
DATES: This direct final rule is effective August 17, 2020, unless
significant adverse comments are received by July 2, 2020. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0303. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Alexa Sieracki, Office of Nuclear
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7509, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Discussion
IV. Section-by-Section Analysis
V. Regulatory Flexibility Certification
VI. Regulatory Analysis
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. Environmental Assessment and Final Finding of No Significant
Environmental Impact
X. Paperwork Reduction Act Statement
XI. Congressional Review Act
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0303 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0303.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected].
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents is currently closed. You
may submit your request to the PDR via email at [email protected] or
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2018-0303 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
Because the NRC anticipates that this action will be non-
controversial, the NRC is using the ``direct final rule procedure'' for
this rule. The amendments to the rule will become effective on August
17, 2020. However, if the NRC receives significant adverse comments on
this direct final rule by July 2, 2020, then the NRC will publish a
document that withdraws this action and will subsequently address the
[[Page 33528]]
comments received in a final rule as a response to the companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register. Absent significant modifications to the proposed
revisions requiring republication, the NRC will not initiate a second
comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if
it meets the following criteria:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required in the following
circumstances:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule. For detailed instructions on filing comments,
please see the ADDRESSES section of this document.
III. Discussion
The President signed into law the Social Security Number Fraud
Prevention Act of 2017 (the Act) on September 15, 2017, to reduce the
risk of identity theft by directing agencies to ``issue regulations
specifying the circumstances under which inclusion of a social security
account number on a document sent by mail is necessary.'' \1\ The Act
restricts the inclusion of an SSN on any document sent by mail ``unless
the head of the agency determines that the inclusion of the [SSN] on
the document is necessary.'' \2\ The Act directs agencies to issue
regulations that specify when inclusion of an SSN is necessary, include
instructions for the partial redaction of SSNs where feasible, and
provide a requirement that SSNs not be visible on the outside of any
package sent by mail.\3\ These regulations must be issued no later than
5 years after the date of enactment of the Act.
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\1\ Public Law 115-59, Section 2(b).
\2\ Public Law 115-59, Section 2(a).
\3\ Public Law 115-59, Section 2(b)(1)-(2).
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The NRC determined that rulemaking was necessary because the Act
requires the NRC to amend its regulations. This effort could not be
achieved through issuing guidance, as guidance documents are not
legally binding and cannot be used to amend regulations. The NRC's
rulemaking is narrowly tailored to address the requirements
specifically set forth in the Act; therefore, the NRC determined that a
direct final rule was appropriate, because the amendments are required
by statute, expected to be non-controversial, and unlikely to yield
public comment resulting in a significant change to the NRC's proposal.
A direct final rule is preferable to a final rule because it allows for
the opportunity for public comment, should there be any additional
regulations that the public identifies as needing amendment or any
additional considerations the NRC needs to evaluate to implement the
Act.
To comply with the Act, the NRC examined whether SSNs are necessary
in any of the written communications to the NRC required by regulation.
The Act only applies to written communications sent or received via
mail by the NRC that include SSNs. The Act does not apply to a
licensee's validation of an individual's SSN because the SSN would not
be included in written communications with the NRC in those cases. If
inclusion of SSNs is not necessary, then each associated regulation
would need to be amended to remove the inclusion of the SSN in the
required documents. If inclusion of SSNs is necessary, the NRC must
consider whether partial redaction of the SSN is feasible and amend the
regulations accordingly to meet the ``requirement that [SSNs] not be
visible on the outside of any package sent by mail.'' \4\
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\4\ Public Law115-59, Section 2(b)(2).
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Based on its review, the agency has concluded that, in all
instances where it requires full or partial SSNs to be included in
written communications, this information is necessary for identity
confirmation. Reasons for this include instances when individuals have
similar or same names and cases where outside factors require the NRC
to collect either a full or partial SSN. For example, the collection
may be required by law or by another agency. The NRC already requests
SSNs to be partially redacted in documents sent by mail whenever
feasible. Therefore, the NRC concluded that minimal changes to its
regulations are needed to reduce the inclusion of full or partial SSNs.
However, the agency determined that the following amendments are needed
to fully implement the Act:
In Sec. 9.1, a new Subpart E needs to be added concerning
the use of SSNs in documents sent by mail.
In Sec. Sec. 35.3045 and 35.3047, language should be
revised to prioritize the use of identification numbers that are not
SSNs when identifying patients.
In anticipation of the above revisions, all applicable NRC forms
have been proactively modified to include language that SSNs must not
be visible on the outside of any package sent by mail.
IV. Section-by-Section Analysis
The following paragraphs describe the specific changes in this
direct final rule.
Section 9.1 Scope and Purpose
This direct final rule adds new paragraph (e).
Subpart E--Social Security Number Fraud Prevention Act Requirements
This direct final rule adds new subpart E--Social Security Number
Fraud Prevention Act Requirements.
Section 35.3045 Report and Notification of a Medical Event
This direct final rule revises paragraph (g)(1)(ii) to replace
``social security number or identification number'' with
``identification number or if no other identification number is
available, the social security number.''
Section 35.3047 Report and Notification of a Dose to an Embryo/Fetus or
a Nursing Child
This direct final rule revises paragraph (f)(1)(ii) to replace
``social security number or identification number'' with
``identification number or if no other identification number is
available, the social security number.''
V. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this rule will not, if issued, have a significant
economic impact on a substantial number of small entities. This direct
final rule affects a number of ``small entities'' as defined by the
Regulatory Flexibility Act or the size standards established by the NRC
(10 CFR 2.810). However, as indicated in the regulatory analysis
contained in this document, these amendments do not have a significant
economic impact on the affected small entities.
[[Page 33529]]
VI. Regulatory Analysis
The NRC has prepared a final regulatory analysis for this direct
final rule. The analysis examines the costs and benefits of the
alternatives considered by the NRC. The key findings are as follows:
Benefits. This final rule ensures that the NRC is in
compliance with the Act by doing the following:
(1) Revising regulations in 10 CFR part 9, Sec. 35.3045(g)(1)(ii),
and Sec. 35.3047(f)(1)(ii) to address the intent of the Act; and
(2) Ensuring that NRC forms comply with the intent of the Act.
In accordance with the Act, the NRC requests that a SSN be included
in documents sent by mail only when necessary and partially redacted
whenever feasible. The redacted SSN should list only the number of
digits necessary and must not be visible from the outside of packages
sent to and from the NRC.
Cost to the Industry. This direct final rule results in no
incremental costs to material or reactor licensees.
Cost to the Public. This direct final rule results in no
incremental costs to the public.
Cost to the NRC. This direct final rule results in no
incremental costs to the NRC beyond those necessary to prepare and
issue this direct final rule and make conforming changes to NRC forms,
which are considered costs that have already been incurred.
VII. Backfitting and Issue Finality
This direct final rule modifies the NRC regulations to implement
the requirements of the Act to use SSNs only where necessary and to
partially redact SSNs to the extent practicable. These regulations
relate solely to information collection and reporting requirements. The
NRC has long taken the position that information collection and
reporting requirements are not subject to the NRC's backfitting and
issue finality regulations in 10 CFR 50.109, 10 CFR 70.76, 10 CFR
72.62, 10 CFR 76.76, and 10 CFR part 52. Therefore, the NRC has
determined that the various backfitting and issue finality provisions
do not apply to this final rule and has not prepared a backfit
analysis.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
IX. Environmental Assessment and Final Finding of No Significant
Environmental Impact
The Commission has determined under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
subpart A of 10 CFR part 51, that this direct final rule, if adopted,
would not be a major Federal action significantly affecting the quality
of the human environment and, therefore, an environmental impact
statement is not required.
This direct final rule amends NRC's regulations in 10 CFR parts 9
and 35. These amendments are necessary to comply with the Social
Security Number Fraud Prevention Act of 2017, which directed agencies
to issue regulations that prohibit the inclusion of an individual's SSN
on any document sent through the mail unless the head of the agency
deems it necessary and the appropriate precautions are taken to protect
the SSN. These amendments do not increase any effect on the
environment.
The determination of this environmental assessment is that there
will be no significant environmental impacts from this action.
X. Paperwork Reduction Act
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget (OMB), approval numbers
3150-0043, 3150-0014, 3150-0046, and 3150-0010.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XI. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act (5 U.S.C. 801-808).
List of Subjects
10 CFR Part 9
Administrative practice and procedure, Courts, Freedom of
information, Government employees, Privacy, Reporting and recordkeeping
requirements, Sunshine Act.
10 CFR Part 35
Biologics, Drugs, Health facilities, Health professions, Labeling,
Medical devices, Nuclear energy, Occupational safety and health,
Penalties, Radiation protection, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to parts 9 and 35:
PART 9--PUBLIC RECORDS
0
1. The authority citation for part 9 continues to read as follows:
Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 2201);
Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44
U.S.C. 3504 note.
Subpart A also issued under 31 U.S.C. 9701.
Subpart B also issued under 5 U.S.C. 552a.
Subpart C also issued under 5 U.S.C. 552b.
0
2. In Sec. 9.1, add paragraph (e) to read as follows:
Sec. 9.1 Scope and purpose.
* * * * *
(e) Subpart E implements the provisions of the Social Security
Number Fraud Prevention Act of 2017, Public Law 115-59, concerning the
use of Social Security account numbers in documents sent by mail.
0
3. Add subpart E, consisting of Sec. Sec. 9.300 and 9.301, to read as
follows:
Subpart E--Social Security Number Fraud Prevention Act Requirements
Sec. 9.300 Scope of subpart.
This subpart implements the Social Security Number Fraud Prevention
Act of 2017, Public Law 115-59, with respect to the use of Social
Security account numbers in documents sent by mail and requirements
applicable to NRC personnel for redacting Social Security account
numbers in documents sent by mail.
Sec. 9.301 Social Security account numbers in documents sent by mail.
(a) Social Security account numbers shall not be visible on the
outside of any package sent by mail.
(b) A document sent by mail may only include the Social Security
account number of an individual if it is determined by the head of the
agency that the inclusion of a Social Security account number is
necessary.
(c) The inclusion of a Social Security account number of an
individual on a document sent by mail is necessary when--
(1) Required by law; or
(2) Necessary to identify a specific individual and no adequate
substitute is available.
[[Page 33530]]
(d) Social Security account numbers must be partially redacted in
documents sent by mail whenever feasible.
PART 35--MEDICAL USE OF BYPRODUCT MATERIAL
0
4. The authority citation for part 35 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 81, 161, 181, 182,
183, 223, 234, 274 (42 U.S.C. 2111, 2201, 2231, 2232, 2233, 2273,
2282, 2021); Energy Reorganization Act of 1974, secs. 201, 206 (42
U.S.C. 5841, 5846); 44 U.S.C. 3504 note.
0
5. In Sec. 35.3045, revise paragraph (g)(1)(ii) to read as follows:
Sec. 35.3045 Report and notification of a medical event.
* * * * *
(g) * * *
(1) * * *
(ii) Identification number or if no other identification number is
available, the social security number of the individual who is the
subject of the event; and
* * * * *
0
10. In Sec. 35.3047, revise paragraph (f)(1)(ii) to read as follows:
Sec. 35.3047 Report and notification of a dose to an embryo/fetus or
a nursing child.
* * * * *
(f) * * *
(1) * * *
(ii) Identification number or if no other identification number is
available, the social security number of the individual who is the
subject of the event; and
* * * * *
Dated: May 28, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2020-11899 Filed 6-1-20; 8:45 am]
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