[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Proposed Rules]
[Pages 46908-46909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16384]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1212

[Document Number NASA-22-042; Docket Number-NASA-2022-0004]
RIN 2700-AE66


Social Security Number Fraud Prevention Act of 2017 
Implementation

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the NASA's regulations under 
the Privacy Act. The revisions would clarify and update the language of 
procedural requirements pertaining to the inclusion of Social Security 
Numbers (SSN) on documents that the Agency sends by mail. These 
revisions are necessary to implement the Social Security Number Fraud 
Prevention Act of 2017, which restricts the inclusion of SSNs on 
documents sent by mail by the Federal Government.

DATES: Submit comments on or before September 15, 2022.

ADDRESSES: Comments must be identified with RIN 2700-AE66 and may be 
sent to NASA via the Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Please note that NASA will post all comments on the internet 
with changes, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Stayce Hoult, Office of the Chief 
Information Officer, 256-544-7705.

SUPPLEMENTARY INFORMATION: The Social Security Number Fraud Prevention 
Act of 2017 (the Act) (Pub. L. 115-59; 42 U.S.C. 405 note), which was 
signed on September 15, 2017, restricts Federal agencies from including 
individuals' SSNs on documents sent by mail, unless the head of the 
agency determines that the inclusion of the SSN on the document is 
necessary (section 2(a) of the Act). The Act requires agency heads to 
issue regulations specifying the circumstances under which inclusion of 
an SSN on a document sent by mail is necessary. These regulations, 
which must be issued not later than five years after the date of 
enactment, shall include instructions for the partial redaction of SSNs 
where feasible, and shall require that SSNs not be visible on the 
outside of any package sent by mail (section 2(b) of the Act). This 
proposed rule would revise NASA's regulations under the Privacy Act (14 
CFR part 1212.6, consistent with the requirements in the Act. The 
proposed regulation would also clarify the procedural requirements 
pertaining to the inclusion of SSNs on documents that NASA sends by 
mail.
    Statutory Authority: The National Aeronautics and Space Act (the 
Space Act), 51 U.S.C. 20101 et seq., authorizes the NASA Administrator 
to make, promulgate, issue, rescind, and amend rules and regulations 
governing the manner of its operations and the exercise of the powers 
vested in it by law. The Social Security Number Fraud Prevention Act of 
2017, 42 U.S.C. 405 note, authorizes and requires agencies to 
promulgate rules related to the mailing of documents that contain an 
SSN.

[[Page 46909]]

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review, and Executive 
Order 13563, Improvement Regulation and Regulation Review

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits of reducing costs, harmonizing rules, and promoting 
flexibility. This proposed rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget.

Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to prepare an initial regulatory flexibility analysis to be 
published at the time the proposed rule is published. This requirement 
does not apply if the agency ``certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities'' (5 U.S.C. 605(b)). This proposed rule does not have 
any economic impact on small entities.

Review Under the Paperwork Reduction Act

    This proposed rule does not contain any information collection 
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Review Under Executive Order of 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
requires regulations be reviewed for Federalism effects on the 
institutional interest of states and local governments, and, if the 
effects are sufficiently substantial, preparation of the Federal 
assessment is required to assist senior policy makers. The amendments 
will not have any direct effects on state and local governments within 
the meaning of the Executive Order. Therefore, no Federalism assessment 
is required.

List of Subjects in 14 CFR Part 1212

    Privacy, Privacy Act.

    For reasons discussed in the preamble, NASA amends 14 CFR part 1212 
as follows:

PART 1212--PRIVACY ACT--NASA REGULATIONS

0
1. The authority citation for part 1212 is revised to read as follows:

    Authority: The National Aeronautics and Space Act, as amended, 
51 U.S.C. 20101 et seq.; the Privacy Act of 1974, as amended, 88 
Stat. 1896, 5 U.S.C. 552a; The Social Security Number Fraud 
Prevention Act, 42 U.S.C. 405 note.

0
2. In Sec.  1212.604, add paragraph (c) to read as follows:
* * * * *

Subpart 1212.6--Instructions for NASA Employees


Sec.  1212.604  Social security numbers.

* * * * *
    (c) Social Security Numbers on items sent by mail.
    (1) Social Security account numbers shall not be visible on the 
outside of any package sent by mail.
    (2) A document sent by mail may only include the Social Security 
account number of an individual if it is determined by the 
Administrator that the inclusion of a Social Security account number is 
necessary.
    (3) The inclusion of a Social Security account number of an 
individual on a document sent by mail is necessary when--
    (i) Required by law; or
    (ii) Necessary to identify a specific individual and no adequate 
substitute is available.
    (4) Social Security account numbers must be partially redacted in 
documents sent by mail whenever feasible.
* * * * *

Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2022-16384 Filed 7-29-22; 8:45 am]
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