Unknown. Direct final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2020-06-02.xml --- 85 106 Tuesday, June 2, 2020 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33620 2020-11766 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Changes to Certain Alcohol-Related Regulations Governing Bond Requirements and Tax Return Filing Periods, 33539-33543 2020-10709 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:

Open Source Imaging Consortium, Inc., 33733 2020-11852 Proposed Final Judgment and Competitive Impact Statement: United States, et al. v. Dairy Farmers of America, Inc. and Dean Foods Co., 33712-33733 2020-11857 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Oil and Gas Drilling Operations, 33704-33705 2020-11839 Census Bureau Census Bureau NOTICES Charter Renewal:

Census Scientific Advisory Committee, 33621-33622 2020-11881 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33670-33684 2020-11796 2020-11797 2020-11798 2020-11799 2020-11800 2020-11801 2020-11802 2020-11803 2020-11793 2020-11794 2020-11795 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Contract Year 2021 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, and Medicare Cost Plan Program, 33796-33911 2020-11342 Civil Rights Civil Rights Commission NOTICES Meetings:

Texas Advisory Committee, 33620-33621 2020-11825 Coast Guard Coast Guard RULES Drawbridge Operations: Tombigbee River, near Jackson, AL, 33550-33553 2020-09853 Safety Zone: Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone, 33553-33561 2020-09877 Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 33561-33566 2020-11418 Marine Events within the Eighth Coast Guard District, 33570-33571 2020-11056 Pensacola Beach, FL, 33566-33568 2020-09857 Tug Valerie B and Barge Kokosing IV operating in the Straits of Mackinac, MI, 33568-33570 2020-11944 Special Local Regulation:

Recurring Marine Events in the Lake Michigan Captain of the Port Zone, 33547-33550 2020-09878 Recurring Marine Events, Sector Charleston, 33543-33547 2020-08709 PROPOSED RULES Special Local Regulation: Chesapeake Bay, Between Sandy Point and Kent Island, MD, 33592-33595 2020-11853 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 33635 2020-11918 Comptroller Comptroller of the Currency RULES Permissible Interest on Loans that are Sold, Assigned, or Otherwise Transferred, 33530-33536 2020-11963 Copyright Office Copyright Office, Library of Congress NOTICES Unclaimed Royalties Study: Inquiry, 33735-33740 2020-11893 Defense Department Defense Department NOTICES Charter Renewal: Federal Advisory Board, 33638 2020-11873 Privacy Act; Systems of Records, 33635-33638 2020-11860 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: CARES Act, Recipient's Funding Certification and Agreement, 33638-33639 2020-11895 Native American Language Application Package, 33643 2020-11884 Annual Updates to the Income-Contingent Repayment Plan Formula for 2020: William D. Ford Federal Direct Loan Program, 33639-33643 2020-11818 Employment and Training Employment and Training Administration NOTICES Change in Status of the Extended Benefit Program: Hawaii, Iowa, Illinois, Kentucky, Mississippi, North Carolina, New Mexico, and Wisconsin, 33734 2020-11806 New Hampshire, California, Georgia, Louisiana, Maine, Ohio, and Oregon, 33733-33734 2020-11807 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Energy Conservation Program:

Decision and Order Granting a Waiver to LG Electronics USA, Inc. from the Department of Energy Portable Air Conditioner Test Procedure, 33643-33655 2020-11765 Meetings: Environmental Management Site-Specific Advisory Board, Savannah River Site, 33656 2020-11772 Fusion Energy Sciences Advisory Committee, 33655-33656 2020-11773 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Phoenix-Mesa; 2008 8-Hour Ozone Nonattainment Area Requirements, 33571-33577 2020-09732 NOTICES Meetings:

Board of Scientific Counselors Chemical Safety for Sustainability and Health and Environmental Risk Assessment Subcommittee Meeting, 33665 2020-11816 Federal Aviation Federal Aviation Administration RULES Amendment of Class D Airspace, Jacksonville NAS, FL; and, Amendment of Class D and Class E Airspace: Mayport, FL, 33536-33537 2020-11522 PROPOSED RULES Airworthiness Directives: Textron Aviation, Inc. Airplanes, 33583-33587 2020-11351 Amendment of Class E Airspace: Harrison, AR, 33590-33592 2020-11524 Ithaca, NY, 33589-33590 2020-11520 Pottsville, PA, 33587-33589 2020-11521 NOTICES Guidance:

Standardized Curricula Delivered by Part 142 Training Centers, 33779 2020-11894 Petition for Exemption; Summary: Airlines for America, 33779 C1-2020-11288 Federal Communications Federal Communications Commission RULES Human Exposure to Radiofrequency Electromagnetic Fields and Reassessment of FCC Radiofrequency Exposure Limits and Policies Correction; Delay of Effective Date, 33578 2020-11969 Rural Digital Opportunity Fund, Connect America Fund, 33578-33579 2020-11791 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33665-33667 2020-11854 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33667-33669 2020-11855 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Enable Mississippi River Transmission, LLC, 33657-33658 2020-11867 Jersey Central Power and Light Company, PSEG Fossil, LLC, and Yards Creek Energy, LLC, 33658 2020-11868 Lower Valley Energy, Inc., 33660-33661 2020-11865 National Fuel Gas Supply Corporation, 33664-33665 2020-11870 Combined Filings, 33656-33657, 33662 2020-11838 2020-11841 Implementation of Amended Section of the Federal Power Act, 33662-33664 2020-11869 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Chicot Solar, LLC, 33659-33660 2020-11835 Oliver Wind I, LLC, 33659 2020-11836 Meetings: New England Hydro Power Company, LLC, 33656 2020-11871 Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Competing Applications: Warrior Hydro, LLC, 33658-33659 2020-11866 Records Governing Off-the-Record Communications, 33661-33662 2020-11837 Request for Information: Common Performance Metrics, 33660 2020-11872 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Epilepsy and Seizure Disorders, 33783-33784 2020-11845 Hearing, 33779-33781 2020-11849 Vision, 33781-33786 2020-11844 2020-11850 Federal Reserve Federal Reserve System NOTICES Announcement of Financial Sector Liabilities, 33669-33670 2020-11771 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33670 2020-11877 Federal Transit Federal Transit Administration NOTICES Funding Opportunity:

National Aging and Disability Transportation Center, 33786-33789 2020-11846 Food and Drug Food and Drug Administration RULES Food Additives Permitted in Feed and Drinking Water of Animals: Silicon Dioxide, 33538-33539 2020-10033 NOTICES Meetings: Oncologic Drugs Advisory Committee, 33686-33687 2020-11883 Process for Publishing Emergency Use Authorizations for Medical Devices During Coronavirus Disease 2019, 33685-33686 2020-11898 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:

FN America, LLC, Foreign-Trade Zone 137, Dulles, VA, 33622 2020-11885 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Amendments to the Health and Human Services-operated Risk Adjustment Data Validation under the Patient Protection and Affordable Care Act's Health and Human Services-operated Risk Adjustment Program, 33595-33617 2020-11703 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33689-33690 2020-11862 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Part F Dental Services Report, 33688-33689 2020-11834 Meetings: Advisory Committee on Infant Mortality; Correction, 33688 2020-11774 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Bureau of Safety and Environmental Enforcement NOTICES National Environmental Policy Act Implementing Procedures for the Bureau of Land Management, 33697-33701 2020-11888 Privacy Act;

Systems of Records, 33701-33704 2020-11770 Internal Revenue Internal Revenue Service PROPOSED RULES Credit for Carbon Oxide Sequestration, 34050-34075 2020-11907 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33792-33793 2020-11788 2020-11789 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cognitive and Psychological Research Coordinated by Statistics of Income on Behalf of All IRS Operations Functions, 33791-33792 2020-11787 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Collated Steel Staples from the People's Republic of China, 33626-33628 2020-11892 Certain Non-Refillable Steel Cylinders from the People's Republic of China, 33631 2020-11863 Certain Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof from the People's Republic of China, 33622-33623 2020-11886 Opportunity to Request Administrative Review, 33628-33631 2020-11887 Determination of Sales at Less Than Fair Value: Certain Collated Steel Staples from the People's Republic of China, 33623-33626 2020-11891 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Fish-Handling Pliers and Packaging Thereof, 33705-33707 2020-11761 Certain Integrated Circuits and Products Containing the Same, 33707-33708 2020-11824 Certain Luxury Vinyl Tile and Components Thereof, 33708-33709 2020-11790 Non-Oriented Electrical Steel from China, Germany, Japan, Korea, Sweden, and Taiwan, 33711-33712 2020-11763 Seafood Obtained via Illegal, Unreported, and Unregulated Fishing: U.S. Imports and Economic Impact on U.S.

Commercial Fisheries, 33709-33710 2020-11760 Walk-Behind Lawn Mowers from China and Vietnam, 33710-33711 2020-11762 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Library Library of Congress See Copyright Office, Library of Congress National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33740-33741 2020-11826 2020-11829 National Highway National Highway Traffic Safety Administration PROPOSED RULES Anthropomorphic Test Devices, Hybrid III 5th Percentile Female Test Dummy Re-Opening of Comment Period, 33617-33619 2020-11689 National Institute National Institutes of Health NOTICES Meetings: Advisory Committee to the Director, 33691-33692 2020-11808 Center for Scientific Review, 33690-33691, 33693-33696 2020-11813 2020-11876 2020-11878 2020-11879 National Cancer Institute, 33692 2020-11810 National Eye Institute, 33691 2020-11811 National Heart, Lung, and Blood Institute, 33692 2020-11880 National Institute of Allergy and Infectious Diseases, 33692-33694 2020-11812 2020-11814 2020-11815 National Institute of Dental and Craniofacial Research, 33693 2020-11875 National Institute of Mental Health, 33694-33695 2020-11809 National Institute on Drug Abuse, 33690 2020-11804 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Northeast Skate Complex; Framework Adjustment 8 and 2020-2021 Specifications; Correction, 33579-33580 2020-11743 PROPOSED RULES Takes of Marine Mammals Incidental to Specified Activities: U.S. Navy Training and Testing Activities in the Northwest Training and Testing Study Area, 33914-34048 2020-08533 NOTICES Draft Education Strategic Plan, 33632-33633 2020-11776 Fisheries of the Exclusive Economic Zone Off Alaska: Prohibited Species Donation Program, 33633-33635 2020-11778 Meetings:

Mid-Atlantic Fishery Management Council, 33633 2020-11874 Schedules for Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops; Correction, 33631-33632 2020-11785 Nuclear Regulatory Nuclear Regulatory Commission RULES Social Security Number Fraud Prevention, 33527-33530 2020-11899 PROPOSED RULES Guidance: Changes, Tests, and Experiments, 33582-33583 2020-11717 Social Security Number Fraud Prevention, 33581-33582 2020-11900 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Enforcement Discretion for Operating Power Reactors and Gaseous Diffusion Plants, 33748-33749 2020-11896 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations: Biweekly Notice, 33749-33755 2020-11233 Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 33742-33748 2020-10530 Guidance:

Seismic Qualification of Electrical and Active Mechanical Equipment and Functional Qualification of Active Mechanical Equipment for Nuclear Power Plants, 33741-33742 2020-11759 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Manlifts, 33734-33735 2020-11805 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety; Request for Special Permit:

Florida Gas Transmission Co., 33789-33790 2020-11823 Gulf South Pipeline Company, LLC, 33790-33791 2020-11820 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 33755 2020-11882 Presidential Documents Presidential Documents EXECUTIVE ORDERS Online Censorship; Prevention Efforts (EO 13925), 34077-34083 2020-12030 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 33769-33772 2020-11783 ICE Clear Credit, LLC, 33762-33764 2020-11777 New York Stock Exchange, LLC, 33758-33760 2020-11779 NYSE American, LLC, 33760-33762 2020-11780 NYSE Arca, Inc., 33755-33758 2020-11784 NYSE Chicago, Inc., 33766-33768 2020-11781 NYSE National, Inc., 33764-33766 2020-11782 Small Business Small Business Administration NOTICES Major Disaster Declaration:

Alabama, 33772 2020-11767 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Charge Questionnaire, 33772-33774 2020-11889 Determination and Certification of Countries not Cooperating Fully with Antiterrorism Efforts, 33772 2020-11858 Substance Substance Abuse and Mental Health Services Administration NOTICES Certified Laboratories and Instrumented Initial Testing Facilities: List of Facilities that Meet Minimum Standards to Engage in Urine and Oral Fluid Drug Testing for Federal Agencies, 33696-33697 2020-11695 Tennessee Tennessee Valley Authority NOTICES Meetings:

Regional Energy Resource Council; Webinar, 33774-33775 2020-11890 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 33775-33779 2020-11833 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Educational, Licensing, and Certification Records, 33793 2020-11817 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 33796-33911 2020-11342 Part III Commerce Department, National Oceanic and Atmospheric Administration, 33914-34048 2020-08533 Part IV Treasury Department, Internal Revenue Service, 34050-34075 2020-11907 Part V Presidential Documents, 34077-34083 2020-12030 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 106 Tuesday, June 2, 2020 Rules and Regulations 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: *Carol.Gallagher@nrc.gov.* For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *Email comments to: Rulemaking.Comments@nrc.gov.* 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: *Alexa.Sieracki@nrc.gov.* 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 *pdr.resource@nrc.gov.* • *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 *PDR.Resource@nrc.gov* 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 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 § 9.1, a new Subpart E needs to be added concerning the use of SSNs in documents sent by mail. • In §§ 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. 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, § 35.3045(g)(1)(ii), and § 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 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. 2. In § 9.1, add paragraph

(e)to read as follows: § 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. 3. Add subpart E, consisting of §§ 9.300 and 9.301, to read as follows: Subpart E—Social Security Number Fraud Prevention Act Requirements § 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. § 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.

(d)Social Security account numbers must be partially redacted in documents sent by mail whenever feasible. PART 35—MEDICAL USE OF BYPRODUCT MATERIAL 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. 5. In § 35.3045, revise paragraph (g)(1)(ii) to read as follows: § 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 10. In § 35.3047, revise paragraph (f)(1)(ii) to read as follows: § 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]

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