[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
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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.

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

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direct final rule is withdrawn as a result of such comments, timely 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ Public Law115-59, Section 2(b)(2).
---------------------------------------------------------------------------

    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]
 BILLING CODE 7590-01-P