[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]

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.


Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / 
Proposed Rules

[[Page 33581]]


10 CFR Parts 9 and 35

RIN 3150-AK27

Social Security Number Fraud Prevention

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.


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].


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.

    \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 
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 

    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]