[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Proposed Rules]
[Pages 33581-33582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11900]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 /
Proposed Rules
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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: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend 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 Social
Security number. Applicants, licensees, and members of the public who
are required to submit a form containing a Social Security number may
be affected.
DATES: Submit comments by July 2, 2020. 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.
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 individual 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. Plain Writing
V. Paperwork Reduction 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 a.m. and 4 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 publishing this proposed rule concurrently
with a direct final rule in the Rules and Regulations section of this
issue of the Federal Register. The direct final rule will become
effective on August 17, 2020. However, if the NRC receives significant
adverse comments by July 2, 2020, then the NRC will publish a document
that withdraws the direct final rule. If the direct final rule is
withdrawn, the NRC will address the comments in a subsequent final
rule. Absent significant modifications to the proposed revisions
requiring republication, the NRC will not initiate a second comment
period on this action in the event the direct final rule is withdrawn.
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
[[Page 33582]]
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 procedural information and the regulatory analysis, see the
direct final rule published in the Rules and Regulations section of
this issue of the Federal Register.
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
the direct final rule process 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.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, 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). The NRC
requests comment on the proposed rule with respect to clarity and
effectiveness of the language used.
V. Paperwork Reduction Act
This proposed 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, 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.
Dated: May 28, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2020-11900 Filed 6-1-20; 8:45 am]
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