[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Page 71240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25239]



[[Page 71240]]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1212

[Document Number NASA-22-072; Docket Number-NASA-2022-0004]
RIN 2700-AE66


Social Security Number Fraud Prevention Act of 2017 
Implementation

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: The National Aeronautics and Space Administration (NASA) is 
finalizing amendments to its regulations under the Privacy Act. The 
revisions clarify and update procedural requirements on documents the 
Agency sends by mail which include Social Security numbers (SSNs). 
These revisions implement the Social Security Number Fraud Prevention 
Act of 2017 restricting the inclusion of SSNs on documents sent by mail 
by the Federal Government.

DATES: Effective December 22, 2022.

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

SUPPLEMENTARY INFORMATION: 
    Authority and Background: The Social Security Number Fraud 
Prevention Act of 2017 (the Act) (Pub. L. 115-59; 42 U.S.C. 405 note), 
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 no 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).
    Discussion of Public Comments Received: NASA published a proposed 
rule in the Federal Register at 87 FR 46908 on August 1, 2022, to amend 
to its regulations at 14 CFR part 1212, subpart 1212.6. The Agency 
received one comment from an individual that expressed the importance 
of keeping SSNs safe to prevent fraud, one comment from an individual 
that expressed the importance of continuously updating and clarifying 
all revisions pertaining to SSNs because citizens value and expect 
privacy, and one comment from an individual who provided information 
about Social Security income that is not related to this rule. As no 
significant issues or questions were raised by the commenters, NASA is 
issuing this final rule with no changes from the version proposed in 
August.

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review, and Executive 
Order 13563, Improving Regulation and Regulatory 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 final 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 final 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 final rule does not have 
any economic impact on small entities.

Review Under the Paperwork Reduction Act

    This final 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: 51 U.S.C. 20101 et seq.; 5 U.S.C. 552a; Pub. L. 115-
59, 131 Stat. 1152 (42 U.S.C. 405 note).


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


Sec.  1212.604  Social security numbers.

* * * * *
    (c) When sending physical mail, NASA will adhere to the following:
    (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. 2022-25239 Filed 11-21-22; 8:45 am]
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