83_FR_55441 83 FR 55228 - Privacy Act of 1974; System of Records

83 FR 55228 - Privacy Act of 1974; System of Records

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 83, Issue 213 (November 2, 2018)

Page Range55228-55232
FR Document2018-23941

In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records, entitled Master Representative Payee File (60-0222), last published in full on April 22, 2013. This notice publishes details of the modified system as set forth under the caption, SUPPLEMENTARY INFORMATION.

Federal Register, Volume 83 Issue 213 (Friday, November 2, 2018)
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Pages 55228-55232]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23941]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2018-0060]


Privacy Act of 1974; System of Records

AGENCY: Office of Retirement and Disability Policy, Office of Income 
Security Programs, Social Security Administration (SSA).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act, we are issuing public 
notice of our intent to modify an existing system of records, entitled 
Master Representative Payee File (60-0222), last published in full on 
April 22, 2013. This notice publishes details of the modified system as 
set forth under the caption, SUPPLEMENTARY INFORMATION.

DATES: The system of records notice (SORN) is applicable upon its 
publication in today's Federal Register, with the exception of the new 
routine uses, which are effective December 3, 2018. We invite public 
comment on the routine uses or other aspects of this SORN. In 
accordance with 5 U.S.C. 552a(e)(4) and (e)(11), the public is given a 
30-day period in which to submit comments. Therefore, please submit any 
comments by December 3, 2018.

ADDRESSES: The public, Office of Management and Budget (OMB), and 
Congress may comment on this publication by writing to the Executive 
Director, Office of Privacy and Disclosure, Office of the General 
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking 
Portal at http://www.regulations.gov, please reference docket number 
SSA-2018-0060. All comments we receive will be available for public 
inspection at the above address and we will post them to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Andrea Huseth, Government Information 
Specialist, Disclosure and Data Support Division, Office of Privacy and 
Disclosure, Office of the General Counsel, SSA, Room G-401 West High 
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone: (410) 965-6868, email: [email protected] and Tristin 
Dorsey, Government Information Specialist, Privacy Implementation 
Division, Office of Privacy and Disclosure, Office of the General 
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, telephone: (410) 965-2950, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Social Security's representative payee 
program provides financial management for Social Security 
beneficiaries, Supplemental Security Income (SSI) recipients, and 
Special Veterans Benefits recipients who are incapable of managing 
their benefits or payments. The representative payee's primary 
responsibility is to use the beneficiary's benefits or recipient's 
payments for the beneficiary's or recipient's current and foreseeable 
needs. The Strengthening Protections for Social Security Beneficiaries 
Act of 2018 (H.R. 4547, Pub. L. 115-165, hereafter referred to as Pub. 
L. 115-165) directs SSA to conduct background investigations on certain 
representative payees at least once every five years. Routine use #19 
currently allows for the disclosure of representative payee information 
to third parties to obtain criminal history information. As of 2013, 
SSA's policy was to make such disclosures via routine use #19 at the 
time a representative payee applied to become a representative payee. 
We are notifying all current representative payees and future 
representative payee applicants (with some exceptions, discussed below) 
that SSA will begin, in accordance with Public Law 115-165, making such 
disclosures under routine use #19 both at the time of application and 
on a continuing basis at least once every five years. Beginning in 2019 
for all current representative payees, SSA will make disclosures under 
routine use #19, and will do so at least once every five years. We may, 
however, exempt certain close family members serving as representative 
payees (including but not limited to the custodial parent of a minor 
beneficiary/recipient, spouse of a

[[Page 55229]]

beneficiary/recipient, and custodial court appointed guardian of a 
beneficiary/recipient) from the background investigation process. Any 
representative payee who does not want his or her information disclosed 
to a third party for background investigation purposes should terminate 
his or her representative payee appointment in accordance with agency 
policy.
    We are modifying the authority for maintenance of the system to 
include Public Law 115-165. We are revising the category of records to 
specify that we will maintain records in support of representative 
payee reviews, including educational visits, in this system and to 
clarify that criminal history information may include records 
addressing inaccuracies (e.g., records a representative payee provides 
to disprove criminal background information obtained from a third 
party). We are clarifying when and on whom we will conduct background 
checks and that we may retrieve records by beneficiary, recipient, or 
claimant personally identifying information (PII), in addition to, that 
of the representative payee. We are expanding the record source 
categories to include grantees, as a result of Public Law 115-165, and 
to local and state government agencies. We are also adding new routine 
use #24 to permit disclosures to other Federal agencies and entities, 
for the purpose of assisting in breach responses. Lastly, we are 
modifying the notice throughout to correct miscellaneous stylistic 
formatting and typographical errors of the previously published notice, 
and to ensure the language reads consistently across multiple systems. 
The entire notice is being republished for ease of reference.
    In accordance with 5 U.S.C. 552a(r), we provided a report to OMB 
and Congress on this revised system of records.

    Dated: October 24, 2018.
Mary Zimmerman,
Acting Executive Director, Office of Privacy and Disclosure, Office of 
the General Counsel.
SYSTEM NAME AND NUMBER
    Master Representative Payee File, 60-0222.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Social Security Administration, Office of Retirement and Disability 
Policy, 6401 Security Boulevard, Baltimore, MD 21235.

SYSTEM MANAGER(S):
    Social Security Administration, Deputy Commissioner for the Office 
of Retirement and Disability Policy, 6401 Security Boulevard, 
Baltimore, MD 21235, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 205(a), 205(j), 208, 807, 811, 1631(a), and 1632 of the 
Social Security Act, as amended, the Social Security Protection Act of 
2004 (Pub. L. 108-203), and the Strengthening Protections for Social 
Security Beneficiaries Act of 2018 (Pub. L. 115-165).

PURPOSE(S) OF THE SYSTEM:
    We will use the information in this system to assist us in the 
selection process of a representative payee by enabling Social Security 
field offices to better screen applicants to determine their 
suitability to become and remain representative payees. We will also 
use the data for management information and workload projection 
purposes, and to prepare annual reports to Congress on representative 
payee activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains information about all representative payees 
and representative payee applicants, including persons whose 
certifications as representative payees have been revoked or terminated 
on or after January 1, 1991; persons who have been convicted of a 
violation of sections 208, 811, and 1632 of the Social Security Act, as 
amended; persons convicted under other statutes in connection with 
services as a representative payee, and others whose certification as a 
representative payee SSA has revoked due to misuse of funds paid under 
Title II, Title VIII, and Title XVI of the Social Security Act; persons 
who are acting or have acted as representative payees; representative 
payee applicants who were not selected to serve as representative 
payees; representative payee applicants who have been convicted of an 
offense resulting in more than one (1) year imprisonment; 
representative payees and representative payee applicants who have an 
outstanding felony warrant; organizational payees who have been 
authorized to collect a fee for their service; and beneficiaries, 
recipients, or claimants who are or may be served by representative 
payees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system maintains records that consist of the following:
    1. Names and Social Security numbers (SSNs) (or employer 
identification numbers (EINs)) of representative payees whose 
certifications for payment of benefits as representative payees have 
been revoked or terminated on or after January 1, 1991, because of 
misuse of benefits under Title II, Title VIII, or Title XVI of the 
Social Security Act;
    2. Names and SSNs (or EINs) of all persons convicted of violations 
of sections 208, 811, and 1632 of the Social Security Act, as amended;
    3. Names, addresses, and SSNs (or EINs) of persons convicted of 
violations of statutes other than sections 208, 811, and 1632 of the 
Social Security Act, when such violations were committed in connection 
with the individual's service as a Social Security representative 
payee;
    4. Names, addresses, SSNs, and information about representative 
payee or representative payee applicant self-reported crimes, 
outstanding felony warrants, or imprisonment for a period exceeding one 
(1) year (an indicator will be used in the system to identify persons 
identified as having an outstanding felony warrant);
    5. Names, addresses, and SSNs (or EINs) of representative payees 
who are receiving benefit payments pursuant to sections 205(j), 807, or 
1631(a)(2) of the Social Security Act;
    6. Names, addresses, and SSNs of persons for whom representative 
payees are reported to be providing representative payee services under 
sections 205(j), 807, or 1631(a)(2) of the Social Security Act;
    7. Names, addresses, and SSNs of representative payee applicants 
who were not selected as representative payees;
    8. Names, addresses, and SSNs of persons who were terminated as 
representative payees for reasons other than misuse of benefits paid to 
them on behalf of beneficiaries or recipients;
    9. Information concerning the representative payee's relationship 
to the beneficiaries or recipients they serve;
    10. Names, addresses, EINs, and qualifying information of 
organizations authorized to charge a fee for providing representative 
payee services;
    11. Codes which indicate the relationship (other than familial) 
between the beneficiaries or recipients and the persons who have 
custody of the beneficiaries or recipients;
    12. Dates and reasons for representative payee terminations (e.g., 
performance not acceptable, death of payee, beneficiary in direct 
payment, etc.) and revocations;

[[Page 55230]]

    13. Codes indicating whether representative payee applicants were 
selected or not selected;
    14. Dates and reasons representative payee applicants were not 
selected to serve as payees, dates and reasons for changes of payees 
(e.g., beneficiary in direct payment, a criminal history etc.);
    15. Amount of benefits misused;
    16. Identification number assigned to the claim on which the misuse 
occurred;
    17. Date of the determination of misuse;
    18. Information about a felony conviction reported by the 
representative payee;
    19. Criminal history information obtained from SSA databases, 
representative payees, third parties, contractors, and other Federal 
agencies, including records that dispute criminal history information 
provided by third parties;
    20. Annual payee accounting reports; and,
    21. Records of representative payee reviews, including educational 
visits.

RECORD SOURCE CATEGORIES:
    We obtain information in this system from representative payee 
applicants and representative payees; third parties, contractors, 
grantees and local, state, and Federal government agencies; the SSA 
Office of Inspector General; and existing SSA systems of records such 
as the Master Files of SSN Holders and SSN Applications, 60-0058; 
Claims Folders System, 60-0089; Master Beneficiary Record, 60-0090; SSI 
Record and Special Veterans Benefits, 60-0103; Recovery of 
Overpayments, Accounting and Reporting/Debt Management System, 60-0094; 
and Prisoner Update Processing System, 60-0269.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    We will disclose records pursuant to the following routine uses; 
however, we will not disclose any information defined as ``return or 
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code 
(IRC), unless authorized by statute, the Internal Revenue Service 
(IRS), or IRS regulations.
    1. To the Department of Justice (DOJ), a court or other tribunal, 
or another party before such court or tribunal, when:
    (a) The Social Security Administration (SSA), or any component 
thereof; or
    (b) any SSA employee in his or her official capacity; or
    (c) any SSA employee in his or her individual capacity where DOJ 
(or SSA, where it is authorized to do so) has agreed to represent the 
employee; or
    (d) the United States or any agency thereof where SSA determines 
that the litigation is likely to affect SSA or any of its components, 
is a party to litigation or has an interest in such litigation, and SSA 
determines that the use of such records by DOJ, a court or other 
tribunal, or another party before the tribunal, is relevant and 
necessary to the litigation, provided, however, that in each case, SSA 
determines that such disclosure is compatible with the purpose for 
which the records were collected.
    2. To a congressional office in response to an inquiry from that 
office made on behalf of, and at the request of, the subject of the 
record or third party acting on the subject's behalf.
    3. To the National Archives and Records Administration (NARA) under 
44 U.S.C. 2904 and 2906.
    4. To the Department of Veterans Affairs (VA), Regional Office, 
Manila, Philippines, for the administration of the Social Security Act 
in the Philippines and other parts of the Asia-Pacific region through 
services and facilities of that agency.
    5. To the Department of State, for administration of the Social 
Security Act in foreign countries rough services and facilities of that 
agency.
    6. To the American Institute, a private corporation under contract 
to the Department of State, for administering the Social Security Act 
in Taiwan through facilities and services of that agency.
    7. To DOJ for:
    (a) Investigating and prosecuting violations of the Social Security 
Act to which criminal penalties attach;
    (b) representing the Commissioner of Social Security; and,
    (c) investigating issues of fraud or violations of civil rights by 
officers or employees of the SSA.
    8. To the Office of the President in response to an inquiry from 
that office made on behalf of, and at the request of, the subject of 
the record or a third party acting on the subject's behalf.
    9. To the VA, for the shared administration of the VA's and SSA's 
representative payee programs.
    10. To contractors and other Federal Agencies, as necessary, for 
the purpose of assisting the SSA in the efficient administration of its 
programs. We will disclose information under this routine use only in 
situations in which SSA may enter into a contractual or similar 
agreement to obtain assistance in accomplishing an SSA function 
relating to this system of records.
    11. To a third party such as a physician, social worker, or 
community service worker, who has, or is expected to have, information, 
which is needed to evaluate one or both of the following:
    (a) The claimant's capability to manage or direct the management of 
his or her benefits; or
    (b) any case in which disclosure aids investigation of suspected 
misuse of benefits, abuse or fraud, or is necessary for program 
integrity, or quality appraisal activities.
    12. To a third party, where necessary, information pertaining to 
the identity of a representative payee or representative payee 
applicant, the fact of the person's application for or service as a 
representative payee, and, as necessary, the identity of the 
beneficiary, to obtain information on employment, sources of income, 
criminal justice records, stability of residence, and other information 
relating to the qualifications and suitability of representative payees 
or representative payee applicants to serve as representative payees, 
or their use of the benefits paid to them under sections 205(j), 807, 
or 1631(a) of the Social Security Act.
    13. To a claimant, or other individual authorized to act on his or 
her behalf, information concerning the status of his or her 
representative payee or the status of the application of a person 
applying to be his or her representative payee, and information 
pertaining to the address of a representative payee applicant or a 
selected representative payee, when this information is needed to 
pursue a claim for recovery of misapplied or misused benefits.
    14. To the Railroad Retirement Board (RRB), for the administration 
of RRB's representative payment program.
    15. To student volunteers, individuals working under a personal 
services contract, and other workers who technically do not have the 
status of Federal employees, when they are performing work for SSA, as 
authorized by law, and they need access to PII in SSA records in order 
to perform their assigned agency functions.
    16. To the Office of Personnel Management (OPM), for the 
administration of OPM's representative payee programs.
    17. To the Secretary of Health and Human Services or to any State, 
any record or information requested in writing by the Secretary for the 
purpose of administering any program administered by the Secretary, if 
records or information of such type were so disclosed under applicable 
rules, regulations and procedures in effect

[[Page 55231]]

before the date of enactment of the Social Security Independence and 
Program Improvements Act of 1994.
    18. To appropriate agencies, entities, and persons when:
    (a) SSA suspects or has confirmed that there has been a breach of 
the system of records;
    (b) SSA has determined that as a result of the suspected or 
confirmed breach, there is a risk of harm to individuals, SSA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and
    (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connections with SSA's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    19. To third parties, contractors, or other Federal agencies, as 
necessary, to conduct criminal background checks and to obtain criminal 
history information on representative payees and representative payee 
applicants.
    20. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, information necessary:
    (a) To enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace and the operation of SSA 
facilities; or
    (b) to assist investigations or prosecutions with respect to 
activities that affect such safety and security, or activities that 
disrupt the operation of SSA facilities.
    21. To agencies or entities who have a written agreement with SSA, 
to perform representative payee reviews for SSA and to provide 
training, administrative oversight, technical assistance, and other 
support for those reviews.
    22. To state protection and advocacy systems, that have a written 
agreement with SSA to conduct reviews of representative payees, for the 
purpose of conducting additional reviews that the protection and 
advocacy systems have reason to believe are warranted.
    23. To agencies or entities with responsibility for investigating 
or addressing possible financial exploitation of, an immediate health 
or safety threat to, or other serious risk to the well-being of the 
beneficiary, for referral, when these issues are identified during a 
representative payee review
    24. To another Federal agency or Federal entity, when SSA 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in:
    (a) Responding to a suspected or confirmed breach; or
    (b) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    We maintain records in this system in paper and electronic form.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    We will retrieve records by the representative payee's, 
beneficiary's, recipient's, or claimant's SSN, EIN or name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with NARA rules codified at 36 CFR 1225.16, we 
maintain records in accordance with the NARA approved Agency-Specific 
Records Schedules N1-47-09-04 and N1-47-09-5.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    We retain electronic and paper files containing personal 
identifiers in secure areas and systems accessible only by our 
authorized employees who have a need for the information when 
performing their official duties. Security measures include, but are 
not limited to, the use of codes and profiles, personal identification 
number and password, and personal identification verification cards. We 
restrict access to specific correspondence within the system based on 
assigned roles and authorized users. We maintain electronic files with 
personal identifiers in secure storage areas. We will use audit 
mechanisms to record sensitive transactions as an additional measure to 
protect information from unauthorized disclosure or modification. We 
keep paper records in cabinets within secure areas, with access limited 
to only those employees who have an official need for access in order 
to perform their duties. We require agencies and entities performing 
work for SSA who require access to information from this system to 
impose equivalent safeguards.
    We annually provide our employees, contractors, and others 
performing work for us with appropriate security awareness training 
that includes reminders about the need to protect PII and the criminal 
penalties that apply to unauthorized access to, or disclosure of PII. 
See 5 U.S.C. 552a(i)(1). Furthermore, those with access to databases 
maintaining PII are informed of the penalties for improper access and 
disclosure of PII.

RECORD ACCESS PROCEDURES:
    Individuals may submit requests for information about whether this 
system contains a record about them by submitting a written request to 
the system manager at the above address, which includes their name, 
SSN, or other information that may be in this system of records that 
will identify them. Individuals requesting notification of, or access 
to, a record by mail must include: (1) A notarized statement to us to 
verify their identity; or (2) must certify in the request that they are 
the individual they claim to be and that they understand that the 
knowing and willful request for, or acquisition of, a record pertaining 
to another individual under false pretenses is a criminal offense.
    Individuals requesting notification of, or access to, records in 
person must provide their name, SSN, or other information that may be 
in this system of records that will identify them, as well as provide 
an identity document, preferably with a photograph, such as a driver's 
license. Individuals lacking identification documents sufficient to 
establish their identity must certify in writing that they are the 
individual they claim to be and that they understand that the knowing 
and willful request for, or acquisition of, a record pertaining to 
another individual under false pretenses is a criminal offense. These 
procedures are in accordance with our regulations at 20 CFR 401.40 and 
401.45.

CONTESTING RECORD PROCEDURES:
    Same as record access procedures. Individuals should also 
reasonably identify the record, specify the information they are 
contesting, and state the corrective action sought and the reasons for 
the correction with supporting justification showing how the record is 
incomplete, untimely, inaccurate, or irrelevant. These procedures are 
in accordance with our regulations at 20 CFR 401.65(a).

NOTIFICATION PROCEDURES:
    Same as record access procedures. These procedures are in 
accordance with our regulations at 20 CFR 401.40 and 401.45.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    78 FR 23811, Master Representative Payee File.

[[Page 55232]]

    83 FR 31250, Master Representative Payee File.
    83 FR 31251, Master Representative Payee File.

[FR Doc. 2018-23941 Filed 11-1-18; 8:45 am]
 BILLING CODE P



     55228                        Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices

     groups. We keep paper records in                        procedures are in accordance with our                 0060. All comments we receive will be
     cabinets within secure areas, with                      regulations at 20 CFR 401.65(a).                      available for public inspection at the
     access limited to only those employees                                                                        above address and we will post them to
                                                             NOTIFICATION PROCEDURES:
     who have an official need for access in                                                                       http://www.regulations.gov.
     order to perform their duties.                            Same as record access procedures.                   FOR FURTHER INFORMATION CONTACT:
       We annually provide our employees                     These procedures are in accordance                    Andrea Huseth, Government
     and contractors with appropriate                        with our regulations at 20 CFR 401.40                 Information Specialist, Disclosure and
     security awareness training that                        and 401.45.                                           Data Support Division, Office of Privacy
     includes reminders about the need to                    EXEMPTIONS PROMULGATED FOR THE SYSTEM:                and Disclosure, Office of the General
     protect PII and the criminal penalties                                                                        Counsel, SSA, Room G–401 West High
     that apply to unauthorized access to, or                  None.
                                                                                                                   Rise, 6401 Security Boulevard,
     disclosure of, PII (5 U.S.C. 552a(i)(1)).               HISTORY:                                              Baltimore, Maryland 21235–6401,
     Furthermore, employees and contractors                    71 FR 1800, Assignment and                          telephone: (410) 965–6868, email:
     with access to databases maintaining PII                Correspondence Tracking (ACT)                         andrea.huseth@ssa.gov and Tristin
     must sign a sanctions document                          System.                                               Dorsey, Government Information
     annually acknowledging their                                                                                  Specialist, Privacy Implementation
     accountability for inappropriately                      [FR Doc. 2018–23943 Filed 11–1–18; 8:45 am]           Division, Office of Privacy and
     accessing or disclosing such                            BILLING CODE P                                        Disclosure, Office of the General
     information.                                                                                                  Counsel, SSA, Room G–401 West High
     RECORD ACCESS PROCEDURES:
                                                                                                                   Rise, 6401 Security Boulevard,
                                                             SOCIAL SECURITY ADMINISTRATION                        Baltimore, Maryland 21235–6401,
        Individuals may submit requests for
                                                             [Docket No. SSA–2018–0060]                            telephone: (410) 965–2950, email:
     information about whether this system
                                                                                                                   tristin.dorsey@ssa.gov.
     contains a record about them by                         Privacy Act of 1974; System of                        SUPPLEMENTARY INFORMATION: Social
     submitting a written request to the                     Records
     system manager at the above address,                                                                          Security’s representative payee program
     which includes their name or other                      AGENCY:  Office of Retirement and                     provides financial management for
     information that may be in this system                  Disability Policy, Office of Income                   Social Security beneficiaries,
     of records that will identify them.                     Security Programs, Social Security                    Supplemental Security Income (SSI)
     Individuals requesting notification of, or              Administration (SSA).                                 recipients, and Special Veterans
     access to, a record by mail must include:                                                                     Benefits recipients who are incapable of
                                                             ACTION: Notice of a modified system of
     (1) A notarized statement to us to verify                                                                     managing their benefits or payments.
                                                             records.
     their identity; or (2) must certify in the                                                                    The representative payee’s primary
     request that they are the individual they               SUMMARY:   In accordance with the                     responsibility is to use the beneficiary’s
     claim to be and that they understand                    Privacy Act, we are issuing public                    benefits or recipient’s payments for the
     that the knowing and willful request for,               notice of our intent to modify an                     beneficiary’s or recipient’s current and
     or acquisition of, a record pertaining to               existing system of records, entitled                  foreseeable needs. The Strengthening
     another individual under false pretenses                Master Representative Payee File (60–                 Protections for Social Security
     is a criminal offense.                                  0222), last published in full on April 22,            Beneficiaries Act of 2018 (H.R. 4547,
        Individuals requesting notification of,              2013. This notice publishes details of                Pub. L. 115–165, hereafter referred to as
     or access to, records in person must                    the modified system as set forth under                Pub. L. 115–165) directs SSA to conduct
     provide their name or other information                 the caption, SUPPLEMENTARY                            background investigations on certain
     that may be in this system of records                   INFORMATION.                                          representative payees at least once every
     that will identify them, as well as                                                                           five years. Routine use #19 currently
                                                             DATES: The system of records notice                   allows for the disclosure of
     provide an identity document,                           (SORN) is applicable upon its
     preferably with a photograph, such as a                                                                       representative payee information to
                                                             publication in today’s Federal Register,              third parties to obtain criminal history
     driver’s license. Individuals lacking                   with the exception of the new routine
     identification documents sufficient to                                                                        information. As of 2013, SSA’s policy
                                                             uses, which are effective December 3,                 was to make such disclosures via
     establish their identity must certify in                2018. We invite public comment on the
     writing that they are the individual they                                                                     routine use #19 at the time a
                                                             routine uses or other aspects of this                 representative payee applied to become
     claim to be and that they understand                    SORN. In accordance with 5 U.S.C.
     that the knowing and willful request for,                                                                     a representative payee. We are notifying
                                                             552a(e)(4) and (e)(11), the public is                 all current representative payees and
     or acquisition of, a record pertaining to               given a 30-day period in which to
     another individual under false pretenses                                                                      future representative payee applicants
                                                             submit comments. Therefore, please                    (with some exceptions, discussed
     is a criminal offense.                                  submit any comments by December 3,
        These procedures are in accordance                                                                         below) that SSA will begin, in
                                                             2018.                                                 accordance with Public Law 115–165,
     with our regulations at 20 CFR 401.40
     and 401.45.                                             ADDRESSES:   The public, Office of                    making such disclosures under routine
                                                             Management and Budget (OMB), and                      use #19 both at the time of application
     CONTESTING RECORD PROCEDURES:                           Congress may comment on this                          and on a continuing basis at least once
       Same as record access procedures.                     publication by writing to the Executive               every five years. Beginning in 2019 for
     Individuals should also reasonably                      Director, Office of Privacy and                       all current representative payees, SSA
     identify the record, specify the                        Disclosure, Office of the General                     will make disclosures under routine use
     information they are contesting, and                    Counsel, SSA, Room G–401 West High                    #19, and will do so at least once every
     state the corrective action sought and                  Rise, 6401 Security Boulevard,                        five years. We may, however, exempt
     the reasons for the correction with                     Baltimore, Maryland 21235–6401, or                    certain close family members serving as
     supporting justification showing how                    through the Federal e-Rulemaking Portal               representative payees (including but not
     the record is incomplete, untimely,                     at http://www.regulations.gov, please                 limited to the custodial parent of a
     inaccurate, or irrelevant. These                        reference docket number SSA–2018–                     minor beneficiary/recipient, spouse of a


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                                  Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices                                             55229

     beneficiary/recipient, and custodial                    SYSTEM MANAGER(S):                                    identification numbers (EINs)) of
     court appointed guardian of a                             Social Security Administration,                     representative payees whose
     beneficiary/recipient) from the                         Deputy Commissioner for the Office of                 certifications for payment of benefits as
     background investigation process. Any                   Retirement and Disability Policy, 6401                representative payees have been
     representative payee who does not want                  Security Boulevard, Baltimore, MD                     revoked or terminated on or after
     his or her information disclosed to a                   21235, DCRDP.Controls@ssa.gov.                        January 1, 1991, because of misuse of
     third party for background investigation                                                                      benefits under Title II, Title VIII, or Title
     purposes should terminate his or her                    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:              XVI of the Social Security Act;
     representative payee appointment in                       Sections 205(a), 205(j), 208, 807, 811,               2. Names and SSNs (or EINs) of all
     accordance with agency policy.                          1631(a), and 1632 of the Social Security              persons convicted of violations of
        We are modifying the authority for                   Act, as amended, the Social Security                  sections 208, 811, and 1632 of the Social
     maintenance of the system to include                    Protection Act of 2004 (Pub. L. 108–                  Security Act, as amended;
     Public Law 115–165. We are revising                     203), and the Strengthening Protections                 3. Names, addresses, and SSNs (or
     the category of records to specify that                 for Social Security Beneficiaries Act of              EINs) of persons convicted of violations
     we will maintain records in support of                  2018 (Pub. L. 115–165).                               of statutes other than sections 208, 811,
     representative payee reviews, including                 PURPOSE(S) OF THE SYSTEM:                             and 1632 of the Social Security Act,
     educational visits, in this system and to                                                                     when such violations were committed
                                                               We will use the information in this
     clarify that criminal history information                                                                     in connection with the individual’s
                                                             system to assist us in the selection
     may include records addressing                                                                                service as a Social Security
                                                             process of a representative payee by
     inaccuracies (e.g., records a                                                                                 representative payee;
                                                             enabling Social Security field offices to
     representative payee provides to                        better screen applicants to determine                   4. Names, addresses, SSNs, and
     disprove criminal background                            their suitability to become and remain                information about representative payee
     information obtained from a third                       representative payees. We will also use               or representative payee applicant self-
     party). We are clarifying when and on                   the data for management information                   reported crimes, outstanding felony
     whom we will conduct background                         and workload projection purposes, and                 warrants, or imprisonment for a period
     checks and that we may retrieve records                 to prepare annual reports to Congress on              exceeding one (1) year (an indicator will
     by beneficiary, recipient, or claimant                  representative payee activities.                      be used in the system to identify
     personally identifying information (PII),                                                                     persons identified as having an
     in addition to, that of the representative              CATEGORIES OF INDIVIDUALS COVERED BY THE              outstanding felony warrant);
     payee. We are expanding the record                      SYSTEM:                                                 5. Names, addresses, and SSNs (or
     source categories to include grantees, as                  This system maintains information                  EINs) of representative payees who are
     a result of Public Law 115–165, and to                  about all representative payees and                   receiving benefit payments pursuant to
     local and state government agencies. We                 representative payee applicants,                      sections 205(j), 807, or 1631(a)(2) of the
     are also adding new routine use #24 to                  including persons whose certifications                Social Security Act;
     permit disclosures to other Federal                     as representative payees have been                      6. Names, addresses, and SSNs of
     agencies and entities, for the purpose of               revoked or terminated on or after                     persons for whom representative payees
     assisting in breach responses. Lastly, we               January 1, 1991; persons who have been                are reported to be providing
     are modifying the notice throughout to                  convicted of a violation of sections 208,             representative payee services under
     correct miscellaneous stylistic                         811, and 1632 of the Social Security                  sections 205(j), 807, or 1631(a)(2) of the
     formatting and typographical errors of                  Act, as amended; persons convicted                    Social Security Act;
     the previously published notice, and to                 under other statutes in connection with                 7. Names, addresses, and SSNs of
     ensure the language reads consistently                  services as a representative payee, and               representative payee applicants who
     across multiple systems. The entire                     others whose certification as a                       were not selected as representative
     notice is being republished for ease of                 representative payee SSA has revoked                  payees;
     reference.                                              due to misuse of funds paid under Title                 8. Names, addresses, and SSNs of
        In accordance with 5 U.S.C. 552a(r),                 II, Title VIII, and Title XVI of the Social           persons who were terminated as
     we provided a report to OMB and                         Security Act; persons who are acting or               representative payees for reasons other
     Congress on this revised system of                      have acted as representative payees;                  than misuse of benefits paid to them on
     records.                                                representative payee applicants who                   behalf of beneficiaries or recipients;
                                                             were not selected to serve as
       Dated: October 24, 2018.                                                                                      9. Information concerning the
                                                             representative payees; representative
     Mary Zimmerman,                                                                                               representative payee’s relationship to
                                                             payee applicants who have been
     Acting Executive Director, Office of Privacy                                                                  the beneficiaries or recipients they
                                                             convicted of an offense resulting in
     and Disclosure, Office of the General Counsel.                                                                serve;
                                                             more than one (1) year imprisonment;
                                                             representative payees and representative                10. Names, addresses, EINs, and
     SYSTEM NAME AND NUMBER                                                                                        qualifying information of organizations
                                                             payee applicants who have an
       Master Representative Payee File, 60–                 outstanding felony warrant;                           authorized to charge a fee for providing
     0222.                                                   organizational payees who have been                   representative payee services;
                                                             authorized to collect a fee for their                   11. Codes which indicate the
     SECURITY CLASSIFICATION:                                service; and beneficiaries, recipients, or            relationship (other than familial)
                                                             claimants who are or may be served by                 between the beneficiaries or recipients
        Unclassified.                                                                                              and the persons who have custody of
                                                             representative payees.
                                                                                                                   the beneficiaries or recipients;
     SYSTEM LOCATION:                                        CATEGORIES OF RECORDS IN THE SYSTEM:                    12. Dates and reasons for
       Social Security Administration, Office                  This system maintains records that                  representative payee terminations (e.g.,
     of Retirement and Disability Policy,                    consist of the following:                             performance not acceptable, death of
     6401 Security Boulevard, Baltimore, MD                    1. Names and Social Security                        payee, beneficiary in direct payment,
     21235.                                                  numbers (SSNs) (or employer                           etc.) and revocations;


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     55230                        Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices

       13. Codes indicating whether                             (c) any SSA employee in his or her                 accomplishing an SSA function relating
     representative payee applicants were                    individual capacity where DOJ (or SSA,                to this system of records.
     selected or not selected;                               where it is authorized to do so) has                     11. To a third party such as a
       14. Dates and reasons representative                  agreed to represent the employee; or                  physician, social worker, or community
     payee applicants were not selected to                      (d) the United States or any agency                service worker, who has, or is expected
     serve as payees, dates and reasons for                  thereof where SSA determines that the                 to have, information, which is needed to
     changes of payees (e.g., beneficiary in                 litigation is likely to affect SSA or any             evaluate one or both of the following:
     direct payment, a criminal history etc.);               of its components, is a party to litigation              (a) The claimant’s capability to
       15. Amount of benefits misused;                       or has an interest in such litigation, and            manage or direct the management of his
       16. Identification number assigned to                 SSA determines that the use of such                   or her benefits; or
     the claim on which the misuse                           records by DOJ, a court or other                         (b) any case in which disclosure aids
     occurred;                                               tribunal, or another party before the                 investigation of suspected misuse of
       17. Date of the determination of                      tribunal, is relevant and necessary to the            benefits, abuse or fraud, or is necessary
     misuse;                                                 litigation, provided, however, that in                for program integrity, or quality
       18. Information about a felony                        each case, SSA determines that such                   appraisal activities.
     conviction reported by the                              disclosure is compatible with the                        12. To a third party, where necessary,
     representative payee;                                   purpose for which the records were                    information pertaining to the identity of
       19. Criminal history information                      collected.                                            a representative payee or representative
     obtained from SSA databases,                               2. To a congressional office in                    payee applicant, the fact of the person’s
     representative payees, third parties,                   response to an inquiry from that office               application for or service as a
     contractors, and other Federal agencies,                made on behalf of, and at the request of,             representative payee, and, as necessary,
     including records that dispute criminal                 the subject of the record or third party              the identity of the beneficiary, to obtain
     history information provided by third                   acting on the subject’s behalf.                       information on employment, sources of
     parties;                                                                                                      income, criminal justice records,
                                                                3. To the National Archives and
       20. Annual payee accounting reports;                                                                        stability of residence, and other
                                                             Records Administration (NARA) under
     and,                                                                                                          information relating to the qualifications
                                                             44 U.S.C. 2904 and 2906.
       21. Records of representative payee                                                                         and suitability of representative payees
                                                                4. To the Department of Veterans
     reviews, including educational visits.                                                                        or representative payee applicants to
                                                             Affairs (VA), Regional Office, Manila,
                                                                                                                   serve as representative payees, or their
     RECORD SOURCE CATEGORIES:
                                                             Philippines, for the administration of
                                                                                                                   use of the benefits paid to them under
                                                             the Social Security Act in the
        We obtain information in this system                                                                       sections 205(j), 807, or 1631(a) of the
                                                             Philippines and other parts of the Asia-
     from representative payee applicants                                                                          Social Security Act.
                                                             Pacific region through services and                      13. To a claimant, or other individual
     and representative payees; third parties,               facilities of that agency.
     contractors, grantees and local, state,                                                                       authorized to act on his or her behalf,
                                                                5. To the Department of State, for                 information concerning the status of his
     and Federal government agencies; the                    administration of the Social Security
     SSA Office of Inspector General; and                                                                          or her representative payee or the status
                                                             Act in foreign countries rough services               of the application of a person applying
     existing SSA systems of records such as                 and facilities of that agency.
     the Master Files of SSN Holders and                                                                           to be his or her representative payee,
                                                                6. To the American Institute, a private            and information pertaining to the
     SSN Applications, 60–0058; Claims
                                                             corporation under contract to the                     address of a representative payee
     Folders System, 60–0089; Master
                                                             Department of State, for administering                applicant or a selected representative
     Beneficiary Record, 60–0090; SSI
                                                             the Social Security Act in Taiwan                     payee, when this information is needed
     Record and Special Veterans Benefits,
                                                             through facilities and services of that               to pursue a claim for recovery of
     60–0103; Recovery of Overpayments,
                                                             agency.                                               misapplied or misused benefits.
     Accounting and Reporting/Debt
                                                                7. To DOJ for:                                        14. To the Railroad Retirement Board
     Management System, 60–0094; and
                                                                (a) Investigating and prosecuting                  (RRB), for the administration of RRB’s
     Prisoner Update Processing System, 60–
                                                             violations of the Social Security Act to              representative payment program.
     0269.
                                                             which criminal penalties attach;                         15. To student volunteers, individuals
     ROUTINE USES OF RECORDS MAINTAINED IN THE                  (b) representing the Commissioner of               working under a personal services
     SYSTEM, INCLUDING CATEGORIES OF USERS AND               Social Security; and,                                 contract, and other workers who
     THE PURPOSES OF SUCH USES:                                 (c) investigating issues of fraud or               technically do not have the status of
       We will disclose records pursuant to                  violations of civil rights by officers or             Federal employees, when they are
     the following routine uses; however, we                 employees of the SSA.                                 performing work for SSA, as authorized
     will not disclose any information                          8. To the Office of the President in               by law, and they need access to PII in
     defined as ‘‘return or return                           response to an inquiry from that office               SSA records in order to perform their
     information’’ under 26 U.S.C. 6103 of                   made on behalf of, and at the request of,             assigned agency functions.
     the Internal Revenue Code (IRC), unless                 the subject of the record or a third party               16. To the Office of Personnel
     authorized by statute, the Internal                     acting on the subject’s behalf.                       Management (OPM), for the
     Revenue Service (IRS), or IRS                              9. To the VA, for the shared                       administration of OPM’s representative
     regulations.                                            administration of the VA’s and SSA’s                  payee programs.
       1. To the Department of Justice (DOJ),                representative payee programs.                           17. To the Secretary of Health and
     a court or other tribunal, or another                      10. To contractors and other Federal               Human Services or to any State, any
     party before such court or tribunal,                    Agencies, as necessary, for the purpose               record or information requested in
     when:                                                   of assisting the SSA in the efficient                 writing by the Secretary for the purpose
       (a) The Social Security                               administration of its programs. We will               of administering any program
     Administration (SSA), or any                            disclose information under this routine               administered by the Secretary, if records
     component thereof; or                                   use only in situations in which SSA                   or information of such type were so
       (b) any SSA employee in his or her                    may enter into a contractual or similar               disclosed under applicable rules,
     official capacity; or                                   agreement to obtain assistance in                     regulations and procedures in effect


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                                  Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices                                           55231

     before the date of enactment of the                       (a) Responding to a suspected or                    Furthermore, those with access to
     Social Security Independence and                        confirmed breach; or                                  databases maintaining PII are informed
     Program Improvements Act of 1994.                         (b) preventing, minimizing, or                      of the penalties for improper access and
       18. To appropriate agencies, entities,                remedying the risk of harm to                         disclosure of PII.
     and persons when:                                       individuals, the recipient agency or
                                                             entity (including its information                     RECORD ACCESS PROCEDURES:
       (a) SSA suspects or has confirmed
     that there has been a breach of the                     systems, programs, and operations), the                  Individuals may submit requests for
     system of records;                                      Federal Government, or national                       information about whether this system
       (b) SSA has determined that as a                      security, resulting from a suspected or               contains a record about them by
     result of the suspected or confirmed                    confirmed breach.                                     submitting a written request to the
     breach, there is a risk of harm to                                                                            system manager at the above address,
                                                             POLICIES AND PRACTICES FOR STORAGE OF
     individuals, SSA (including its                                                                               which includes their name, SSN, or
                                                             RECORDS:
     information systems, programs, and                                                                            other information that may be in this
                                                               We maintain records in this system in               system of records that will identify
     operations), the Federal Government, or
                                                             paper and electronic form.                            them. Individuals requesting
     national security; and
       (c) the disclosure made to such                       POLICIES AND PRACTICES FOR RETRIEVAL OF               notification of, or access to, a record by
     agencies, entities, and persons is                      RECORDS:                                              mail must include: (1) A notarized
     reasonably necessary to assist in                         We will retrieve records by the                     statement to us to verify their identity;
     connections with SSA’s efforts to                       representative payee’s, beneficiary’s,                or (2) must certify in the request that
     respond to the suspected or confirmed                   recipient’s, or claimant’s SSN, EIN or                they are the individual they claim to be
     breach or to prevent, minimize, or                      name.                                                 and that they understand that the
     remedy such harm.                                                                                             knowing and willful request for, or
                                                             POLICIES AND PRACTICES FOR RETENTION AND              acquisition of, a record pertaining to
       19. To third parties, contractors, or                 DISPOSAL OF RECORDS:
     other Federal agencies, as necessary, to                                                                      another individual under false pretenses
     conduct criminal background checks                        In accordance with NARA rules                       is a criminal offense.
     and to obtain criminal history                          codified at 36 CFR 1225.16, we maintain                  Individuals requesting notification of,
     information on representative payees                    records in accordance with the NARA                   or access to, records in person must
     and representative payee applicants.                    approved Agency-Specific Records                      provide their name, SSN, or other
       20. To Federal, State, and local law                  Schedules N1–47–09–04 and N1–47–                      information that may be in this system
     enforcement agencies and private                        09–5.                                                 of records that will identify them, as
     security contractors, as appropriate,                   ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
                                                                                                                   well as provide an identity document,
     information necessary:                                  SAFEGUARDS:                                           preferably with a photograph, such as a
       (a) To enable them to protect the                       We retain electronic and paper files                driver’s license. Individuals lacking
     safety of SSA employees and customers,                  containing personal identifiers in secure             identification documents sufficient to
     the security of the SSA workplace and                   areas and systems accessible only by our              establish their identity must certify in
     the operation of SSA facilities; or                     authorized employees who have a need                  writing that they are the individual they
       (b) to assist investigations or                       for the information when performing                   claim to be and that they understand
     prosecutions with respect to activities                 their official duties. Security measures              that the knowing and willful request for,
     that affect such safety and security, or                include, but are not limited to, the use              or acquisition of, a record pertaining to
     activities that disrupt the operation of                of codes and profiles, personal                       another individual under false pretenses
     SSA facilities.                                         identification number and password,                   is a criminal offense. These procedures
       21. To agencies or entities who have                  and personal identification verification              are in accordance with our regulations
     a written agreement with SSA, to                        cards. We restrict access to specific                 at 20 CFR 401.40 and 401.45.
     perform representative payee reviews                    correspondence within the system based                CONTESTING RECORD PROCEDURES:
     for SSA and to provide training,                        on assigned roles and authorized users.                 Same as record access procedures.
     administrative oversight, technical                     We maintain electronic files with                     Individuals should also reasonably
     assistance, and other support for those                 personal identifiers in secure storage                identify the record, specify the
     reviews.                                                areas. We will use audit mechanisms to                information they are contesting, and
       22. To state protection and advocacy                  record sensitive transactions as an                   state the corrective action sought and
     systems, that have a written agreement                  additional measure to protect                         the reasons for the correction with
     with SSA to conduct reviews of                          information from unauthorized                         supporting justification showing how
     representative payees, for the purpose of               disclosure or modification. We keep                   the record is incomplete, untimely,
     conducting additional reviews that the                  paper records in cabinets within secure               inaccurate, or irrelevant. These
     protection and advocacy systems have                    areas, with access limited to only those              procedures are in accordance with our
     reason to believe are warranted.                        employees who have an official need for               regulations at 20 CFR 401.65(a).
       23. To agencies or entities with                      access in order to perform their duties.
     responsibility for investigating or                     We require agencies and entities                      NOTIFICATION PROCEDURES:
     addressing possible financial                           performing work for SSA who require                     Same as record access procedures.
     exploitation of, an immediate health or                 access to information from this system                These procedures are in accordance
     safety threat to, or other serious risk to              to impose equivalent safeguards.                      with our regulations at 20 CFR 401.40
     the well-being of the beneficiary, for                    We annually provide our employees,                  and 401.45.
     referral, when these issues are identified              contractors, and others performing work
     during a representative payee review                    for us with appropriate security                      EXEMPTIONS PROMULGATED FOR THE SYSTEM:
       24. To another Federal agency or                      awareness training that includes                        None.
     Federal entity, when SSA determines                     reminders about the need to protect PII
     that information from this system of                    and the criminal penalties that apply to              HISTORY:
     records is reasonably necessary to assist               unauthorized access to, or disclosure of                78 FR 23811, Master Representative
     the recipient agency or entity in:                      PII. See 5 U.S.C. 552a(i)(1).                         Payee File.


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     55232                        Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices

       83 FR 31250, Master Representative                    Atlanta Terminal Subdivision, Atlanta                  requests under 49 CFR 152.29 must be
     Payee File.                                             Division, between milepost SG 579.29                   filed by November 9, 2018.4 Petitions to
       83 FR 31251, Master Representative                    near Plant Atkinson Road and milepost                  reopen or requests for public use
     Payee File.                                             SG 581.61 just west of East-West                       conditions under 49 CFR 1152.28 must
     [FR Doc. 2018–23941 Filed 11–1–18; 8:45 am]             Connector, in Cobb County, Ga. (the                    be filed by November 23, 2018, with the
     BILLING CODE P
                                                             Line). The Line traverses United States                Surface Transportation Board, 395 E
                                                             Postal Zip Codes 30080 and 30082 and                   Street, SW, Washington, DC 20423–
                                                             includes one station at Edna (FSAC                     0001.
                                                             23500).                                                   A copy of any petition filed with the
     DEPARTMENT OF STATE
                                                                CSXT has certified that: (1) no local               Board should be sent to CSXT’s
     Delegation of Authority 374–1:                          rail traffic has moved over the Line                   representative, Louis E. Gitomer, Law
     Authority to Accept Volunteer Services                  during the past two years; (2) any                     Offices of Louis E. Gitomer, LLC, 600
     From Students                                           overhead traffic on the Line can be                    Baltimore Avenue, Suite 301, Towson,
                                                             rerouted over other lines; (3) no formal               MD 21204.
        By virtue of the authority vested in                 complaint filed by a user of a rail                       If the verified notice contains false or
     the Secretary of State by the laws of the               service on the Line (or by a state or local            misleading information, the exemption
     United States, including 22 U.S.C.                      government entity acting on behalf of                  is void ab initio.
     2651a and 5 U.S.C. 3111 (‘‘Section                      such user) regarding cessation of service                 CSXT has filed a combined
     3111’’), and delegated by Delegation of                 over the Line is either pending with the               environmental and historic report that
     Authority 198, dated September 16,                      Surface Transportation Board (Board) or                addresses the effects, if any, of the
     1992, to the extent authorized by law                   with any U.S. District Court or had been               abandonment on the environment and
     and pursuant to subsection (b) of                       decided in favor of a complainant                      historic resources. OEA will issue an
     Section 3111, I hereby delegate the                     within the two-year period; and (4) the                environmental assessment (EA) by
     authority of the Secretary to accept                    requirements at 49 CFR 1105.11                         November 9, 2018. Interested persons
     voluntary services for the United States                (transmittal letter), 49 CFR 1105.12                   may obtain a copy of the EA by writing
     to the Director of the Office of Civil                  (newspaper publication), and 49 CFR                    to OEA (Room 1100, Surface
     Rights (S/OCR).                                         1152.50(d)(1) (notice to governmental                  Transportation Board, Washington, DC
        This authority is limited to the                     agencies) have been met.                               20423–0001) or by calling OEA at (202)
     acceptance of voluntary services                           As a condition to this exemption, any               245–0305. Assistance for the hearing
     provided by law students who are filling                employee adversely affected by the                     impaired is available through the
     legal extern and intern positions.                      abandonment of service shall be                        Federal Information Relay Service at
        Any official action within the scope of              protected under Oregon Short Line                      (800) 877–8339. Comments on
     this delegation taken prior to the                      Railroad—Abandonment Portion                           environmental and historic preservation
     effective date of this delegation by the                Goshen Branch Between Firth &                          matters must be filed within 15 days
     Director of S/OCR are hereby ratified                   Ammon, in Bingham & Bonneville                         after the EA becomes available to the
     and continued in effect, according to                   Counties, Idaho, 360 I.C.C. 91 (1979). To              public.
     their terms, until modified, revoked, or                address whether this condition                            Environmental, historic preservation,
     superseded by authorized action.                        adequately protects affected employees,                public use, or trail use/rail banking
        Notwithstanding this delegation of                   a petition for partial revocation under                conditions will be imposed, where
     authority, the Secretary, the Deputy                    49 U.S.C. 10502(d) must be filed.                      appropriate, in a subsequent decision.
     Secretary, and the Under Secretary of                      Provided no formal expression of                       Pursuant to the provisions of 49 CFR
     State for Management may at any time                    intent to file an offer of financial                   1152.29(e)(2), CSXT shall file a notice of
     exercise the authority herein delegated.                assistance (OFA) has been received,1                   consummation with the Board to signify
     This delegation of authority does not                   this exemption will be effective on                    that it has exercised the authority
     amend or supersede any other valid                      December 2, 2018, unless stayed                        granted and fully abandoned the Line. If
     delegation of authority.                                pending reconsideration. Petitions to                  consummation has not been effected by
        This delegation of authority will be                 stay that do not involve environmental                 CSXT’s filing of a notice of
     published in the Federal Register.                      issues,2 formal expressions of intent to               consummation by November 2, 2019,
                                                             file an OFA under 49 CFR                               and there are no legal or regulatory
       Dated: October 12, 2018.                              1152.27(c)(2),3 and trail use/rail banking             barriers to consummation, the authority
     William E. Todd,                                                                                               to abandon will automatically expire.
     Deputy Under Secretary of State for                        1 The Board modified its OFA procedures                Board decisions and notices are
     Management.                                             effective July 29, 2017. Among other things, the       available on our website at www.stb.gov.
                                                             OFA process now requires potential offerors, in
     [FR Doc. 2018–24028 Filed 11–1–18; 8:45 am]                                                                      Decided: October 30, 2018.
                                                             their formal expression of intent, to make a
     BILLING CODE 4710–10–P                                  preliminary financial responsibility showing based       By the Board, Scott M. Zimmerman, Acting
                                                             on a calculation using information contained in the    Director, Office of Proceedings.
                                                             carrier’s filing and publicly available information.
                                                             See Offers of Financial Assistance, EP 729 (STB        Tammy Lowery,
     SURFACE TRANSPORTATION BOARD                            served June 29, 2017); 82 FR 30997 (July 5, 2017).     Clearance Clerk.
                                                                2 The Board will grant a stay if an informed
     [Docket No. AB 55 (Sub-No. 784X)]                                                                              [FR Doc. 2018–24034 Filed 11–1–18; 8:45 am]
                                                             decision on environmental issues (whether raised
                                                                                                                    BILLING CODE 4915–01–P
                                                             by a party or by the Board’s Office of Environmental
     CSX Transportation, Inc.—                               Analysis (OEA) in its independent investigation)
     Abandonment Exemption—in Cobb                           cannot be made before the exemption’s effective        Connection with Licensing & Related Servs.—2017
     County, Ga.                                             date. See Exemption of Out-of-Serv. Rail Lines, 5      Update, EP 542 (Sub-No. 25), slip op. App. B at 13
                                                             I.C.C.2d 377 (1989). Any request for a stay should     (STB served Aug. 8, 2018).
        CSX Transportation, Inc. (CSXT), has                 be filed as soon as possible so that the Board may        4 CSXT states that it is working on an agreement

     filed a verified notice of exemption                    take appropriate action before the exemption’s         with the State of Georgia to transfer the corridor and
                                                             effective date.                                        convert the Line to a trail under a notice of interim
     under 49 CFR pt. 1152 subpart F–                           3 Each OFA must be accompanied by the filing        trail use or abandonment (NITU) agreement
     Exempt Abandonments to abandon an                       fee, which is currently set at $1,800. See             contingent on Board approval for authority to
     approximately 2.3-mile rail line on its                 Regulations Governing Fees for Servs. Performed in     abandon.



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Document Created: 2018-11-02 01:09:56
Document Modified: 2018-11-02 01:09:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of a modified system of records.
DatesThe system of records notice (SORN) is applicable upon its publication in today's Federal Register, with the exception of the new routine uses, which are effective December 3, 2018. We invite public comment on the routine uses or other aspects of this SORN. In accordance with 5 U.S.C. 552a(e)(4) and (e)(11), the public is given a 30-day period in which to submit comments. Therefore, please submit any comments by December 3, 2018.
ContactAndrea Huseth, Government Information Specialist, Disclosure and Data Support Division, Office of Privacy and Disclosure, Office of the General Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone: (410) 965-6868, email: [email protected] and Tristin Dorsey, Government Information Specialist, Privacy Implementation Division, Office of Privacy and Disclosure, Office of the General Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, telephone: (410) 965-2950, email: [email protected]
FR Citation83 FR 55228 

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