83 FR 63415 - Social Security Administration Violence Evaluation and Reporting System
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 83, Issue 236 (December 10, 2018)
Federal Register Volume 83, Issue 236 (December 10, 2018)
| Page Range | 63415-63416 | |
| FR Document | 2018-26594 |
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)] [Rules and Regulations] [Pages 63415-63416] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26594] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Part 401 [Docket No. SSA-2015-0003] RIN 0960-AI08 Social Security Administration Violence Evaluation and Reporting System AGENCY: Social Security Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are issuing a final rule to exempt a system of records entitled Social Security Administration Violence Evaluation and Reporting System (SSAvers) from certain provisions of the Privacy Act because this system will contain investigatory material compiled for law enforcement purposes. DATES: This rule is effective January 9, 2019. FOR FURTHER INFORMATION CONTACT: Pamela J. Carcirieri, Supervisory Government Information Specialist, SSA, Office of Privacy and Disclosure, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, Phone: (410) 965-0355, for information about this rule. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our internet site, Social Security Online, at http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Background On June 14, 2018, we published a Notice of Proposed Rulemaking (NPRM) \1\ in the Federal Register in which we proposed to add SSAvers to the list of SSA systems that are exempt from specific provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). As part of our Workplace and Domestic Violence policy and program, SSAvers houses information regarding alleged incidents of workplace and domestic violence filed by SSA employees and contractors. It also provides a centralized means for us to review and respond to the reported allegations. --------------------------------------------------------------------------- \1\ 83 FR 27728. --------------------------------------------------------------------------- This final rule adds SSAvers to the list of SSA systems that are exempt from specific provisions of the Privacy Act due to the investigatory nature of information that is maintained in this system. Public Comments and Discussion In the NPRM, we provided a 30-day comment period, which ended on July 16, 2018. We received four comments.\2\ We opted not to post one of these comments because it was submitted by a former SSA employee and it contained sensitive information. The remaining comments were submitted by members of the public. --------------------------------------------------------------------------- \2\ The posted public comments are viewable at https://www.regulations.gov/docket?D=SSA-2015-0003. --------------------------------------------------------------------------- The first commenter indicated that he or she did not understand the comment and review. While we regret that this commenter did not understand the proposal, we did not consider this comment further when determining to adopt this as a final rule. The second commenter agreed with the new system of records and said it is imperative to have a system, like SSAvers, which will help review and investigate allegations of workplace or domestic violence. She said it would be convenient to make a reporting system that is easy to access and that removes the burden of the long process of reporting an occurrence. The third commenter objected to our proposal, because, in the commenter's opinion, the proposal is against public policy and defeats the purpose of the Privacy Act and the Freedom of Information Act (FOIA). The commenter said that by making results of investigations inaccessible, it is impossible to know whether the perpetrators of workplace and domestic violence are held accountable. The commenter wrote that by denying everyone access to the information obtained from these investigations, SSA places the cost and burden of conducting the same investigation on others, especially the victims who have a special interest in knowing that the perpetrators of the violence are held accountable. We carefully considered this comment and the objections presented. In response, we want to emphasize that SSAvers contains information we collect about not just alleged victims of workplace violence, but any employees, contractors, and members of the public who are witnesses of, involved in responding to, or allegedly involved in workplace and domestic violence affecting our employees and contractors. This highly sensitive information may include the name and contact information of individuals involved; personal information related to alleged behaviors of concern and assessing the risk of violence; and our response and recommendations to mitigate risks of violence. Due to the investigatory and sensitive nature of the content contained in this system, we continue to believe that exempting this system of records from certain provisions of the Privacy Act based on 5 U.S.C. 552a(k)(2) is appropriate. Further, we want to clarify that, under the Privacy Act, an individual may request notification of or access to a record in this system, even though SSAvers is listed as an exempt system. We may still grant notification of and access to information contained in a record in an exempt system when the privacy of third parties would not be compromised by such action. In addition, an individual may still request these records under the FOIA, and SSA would release the records as required by law. After carefully considering the public comments, we are adopting this final rule. [[Page 63416]] Regulatory Procedures Executive Order 12866, as Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, OMB did not review it. We also determined that this final rule meets the plain language requirement of Executive Order 12866. Executive Order 13132 (Federalism) We analyzed this rule in accordance with the principles and criteria established by Executive Order 13132, and we determined that the rule will not have sufficient Federalism implications to warrant the preparation of a Federalism assessment. We also determined that this rule will not preempt any State law or State regulation or affect the States' abilities to discharge traditional State governmental functions. Executive Order 12372 (Intergovernmental Review) The regulations effectuating Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this rule. Regulatory Flexibility Act We certify that this rule will not have a significant economic impact on a substantial number of small entities because it affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. E.O. 13771 This rule is not subject to the requirements of Executive Order 13771 because it is administrative in nature and results in no more than de minimis costs. Paperwork Reduction Act These rules do not create any new or affect any existing collections and, therefore, do not require OMB approval under the Paperwork Reduction Act. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security--Disability Insurance; 96.002, Social Security--Retirement Insurance; 96.004, Social Security--Survivors Insurance; and 96.006, Supplemental Security Income). List of Subjects in 20 CFR Part 401 Administrative practice and procedure, Privacy. Nancy A. Berryhill, Acting Commissioner of Social Security. For the reasons stated in the preamble, we amend part 401 of title 20 of the Code of Federal Regulations as set forth below: PART 401--PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION 0 1. The authority citation for part 401 continues to read as follows: Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923. 0 2. Amend Sec. 401.85 by adding paragraph (b)(2)(ii)(G) to read as follows: Sec. 401.85 Exempt systems. * * * * * (b) * * * (2) * * * (ii) * * * (G) Social Security Administration Violence Evaluation and Reporting System, SSA. * * * * * [FR Doc. 2018-26594 Filed 12-7-18; 8:45 am] BILLING CODE 4191-02-P
![Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations 63415
for approval or exemption in a timely Government Information Specialist, The third commenter objected to our
manner, with the order of preference SSA, Office of Privacy and Disclosure, proposal, because, in the commenter’s
being: First, for those operations in 6401 Security Boulevard, Baltimore, opinion, the proposal is against public
support of U.S. government-sponsored Maryland 21235–6401, Phone: (410) policy and defeats the purpose of the
activities; second, for those operations 965–0355, for information about this Privacy Act and the Freedom of
in support of government-sponsored rule. For information on eligibility or Information Act (FOIA). The commenter
activities of a foreign country with the filing for benefits, call our national toll- said that by making results of
support of a U.S. government free number, 1–800–772–1213 or TTY investigations inaccessible, it is
department, agency, or instrumentality; 1–800–325–0778, or visit our internet impossible to know whether the
and third, for all other operations. site, Social Security Online, at http:// perpetrators of workplace and domestic
(d) Emergency situations. In an www.socialsecurity.gov.
emergency that requires immediate violence are held accountable. The
decision and action for the safety of the SUPPLEMENTARY INFORMATION: commenter wrote that by denying
flight, the pilot in command of an everyone access to the information
Background
aircraft may deviate from this section to obtained from these investigations, SSA
the extent required by that emergency. On June 14, 2018, we published a places the cost and burden of
Except for U.S. air carriers and Notice of Proposed Rulemaking conducting the same investigation on
commercial operators that are subject to (NPRM) 1 in the Federal Register in others, especially the victims who have
the requirements of 14 CFR part 119, which we proposed to add SSAvers to a special interest in knowing that the
121, 125, or 135, each person who the list of SSA systems that are exempt perpetrators of the violence are held
deviates from this section must, within from specific provisions of the Privacy accountable.
10 days of the deviation, excluding Act pursuant to 5 U.S.C. 552a(k)(2). As
part of our Workplace and Domestic We carefully considered this
Saturdays, Sundays, and Federal comment and the objections presented.
holidays, submit to the responsible Violence policy and program, SSAvers
houses information regarding alleged In response, we want to emphasize that
Flight Standards office a complete
incidents of workplace and domestic SSAvers contains information we
report of the operations of the aircraft
involved in the deviation, including a violence filed by SSA employees and collect about not just alleged victims of
description of the deviation and the contractors. It also provides a workplace violence, but any employees,
reasons for it. centralized means for us to review and contractors, and members of the public
(e) Expiration. This SFAR will remain respond to the reported allegations. who are witnesses of, involved in
in effect until December 30, 2020. The This final rule adds SSAvers to the responding to, or allegedly involved in
FAA may amend, rescind, or extend this list of SSA systems that are exempt from workplace and domestic violence
SFAR, as necessary. specific provisions of the Privacy Act affecting our employees and contractors.
Issued in Washington, DC, under the due to the investigatory nature of This highly sensitive information may
authority of 49 U.S.C. 106(f) and (g), information that is maintained in this include the name and contact
40101(d)(1), 40105(b)(1)(A), and system. information of individuals involved;
44701(a)(5), on November 30, 2018. personal information related to alleged
Public Comments and Discussion
Daniel K. Elwell, behaviors of concern and assessing the
In the NPRM, we provided a 30-day risk of violence; and our response and
Acting Administrator.
comment period, which ended on July recommendations to mitigate risks of
[FR Doc. 2018–26680 Filed 12–7–18; 8:45 am]
16, 2018. We received four comments.2 violence. Due to the investigatory and
BILLING CODE 4910–13–P We opted not to post one of these sensitive nature of the content
comments because it was submitted by contained in this system, we continue to
a former SSA employee and it contained
SOCIAL SECURITY ADMINISTRATION believe that exempting this system of
sensitive information. The remaining
records from certain provisions of the
comments were submitted by members
20 CFR Part 401 Privacy Act based on 5 U.S.C. 552a(k)(2)
of the public.
is appropriate.
[Docket No. SSA–2015–0003] The first commenter indicated that he
or she did not understand the comment Further, we want to clarify that, under
RIN 0960–AI08
and review. While we regret that this the Privacy Act, an individual may
Social Security Administration commenter did not understand the request notification of or access to a
Violence Evaluation and Reporting proposal, we did not consider this record in this system, even though
System comment further when determining to SSAvers is listed as an exempt system.
adopt this as a final rule. We may still grant notification of and
AGENCY: Social Security Administration. The second commenter agreed with access to information contained in a
ACTION: Final rule. the new system of records and said it is record in an exempt system when the
SUMMARY: We are issuing a final rule to imperative to have a system, like privacy of third parties would not be
exempt a system of records entitled SSAvers, which will help review and compromised by such action. In
Social Security Administration Violence investigate allegations of workplace or addition, an individual may still request
Evaluation and Reporting System domestic violence. She said it would be these records under the FOIA, and SSA
(SSAvers) from certain provisions of the convenient to make a reporting system would release the records as required by
Privacy Act because this system will that is easy to access and that removes law.
contain investigatory material compiled the burden of the long process of
reporting an occurrence. After carefully considering the public
for law enforcement purposes. comments, we are adopting this final
DATES: This rule is effective January 9, rule.
1 83 FR 27728.
2019. 2 The posted public comments are viewable at
FOR FURTHER INFORMATION CONTACT: https://www.regulations.gov/docket?D=SSA-2015-
Pamela J. Carcirieri, Supervisory 0003.
VerDate Sep<11>2014 16:14 Dec 07, 2018 Jkt 247001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1](https://thefederalregister.org/doc/83_FR_63651/page/1.svg)
![63416 Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations
Regulatory Procedures List of Subjects in 20 CFR Part 401 DATES: This rule is effective from 3:00
Administrative practice and p.m. to 6:45 p.m. on December 8, 2018.
Executive Order 12866, as
procedure, Privacy. ADDRESSES: Documents mentioned in
Supplemented by Executive Order
13563 this preamble are part of docket USCG–
Nancy A. Berryhill, 2018–1017. To view documents
We consulted with the Office of Acting Commissioner of Social Security. mentioned in this preamble as being
Management and Budget (OMB) and For the reasons stated in the available in the docket, go to http://
determined that this final rule does not preamble, we amend part 401 of title 20 www.regulations.gov, type the docket
meet the criteria for a significant of the Code of Federal Regulations as set number in the ‘‘SEARCH’’ box and click
regulatory action under Executive Order forth below: ‘‘SEARCH.’’ Click on Open Docket
12866, as supplemented by Executive Folder on the line associated with this
Order 13563. Therefore, OMB did not PART 401—PRIVACY AND rulemaking.
review it. DISCLOSURE OF OFFICIAL RECORDS FOR FURTHER INFORMATION CONTACT: If
We also determined that this final AND INFORMATION you have questions on this rule, call or
rule meets the plain language email Lieutenant Emily Rowan, U.S.
■ 1. The authority citation for part 401 Coast Guard Sector San Francisco;
requirement of Executive Order 12866. continues to read as follows: telephone (415) 399–7443 or email at
Executive Order 13132 (Federalism) Authority: Secs. 205, 702(a)(5), 1106, and D11-SMB-SectorSF-WaterwaySafety@
1141 of the Social Security Act (42 U.S.C. uscg.mil.
We analyzed this rule in accordance 405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C.
with the principles and criteria 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; SUPPLEMENTARY INFORMATION:
established by Executive Order 13132, 30 U.S.C. 923. I. Table of Abbreviations
and we determined that the rule will not ■ 2. Amend § 401.85 by adding
have sufficient Federalism implications APA Administrative Procedure Act
paragraph (b)(2)(ii)(G) to read as follows: COTP U.S. Coast Guard Captain of the Port
to warrant the preparation of a
DHS Department of Homeland Security
Federalism assessment. We also § 401.85 Exempt systems.
FR Federal Register
determined that this rule will not * * * * * COTP Captain of the Port
preempt any State law or State (b) * * * NOAA National Oceanic and Atmospheric
regulation or affect the States’ abilities (2) * * * Administration
to discharge traditional State (ii) * * * NPRM Notice of Proposed Rulemaking
governmental functions. (G) Social Security Administration PATCOM U.S. Coast Guard Patrol
Violence Evaluation and Reporting Commander
Executive Order 12372 U.S.C. United States Code
System, SSA.
(Intergovernmental Review)
* * * * * II. Background Information and
The regulations effectuating Executive [FR Doc. 2018–26594 Filed 12–7–18; 8:45 am] Regulatory History
Order 12372 regarding BILLING CODE 4191–02–P The Coast Guard is issuing this
intergovernmental consultation on temporary final rule without prior
Federal programs and activities apply to notice and opportunity to comment
this rule. DEPARTMENT OF HOMELAND pursuant to authority under section 4(a)
SECURITY of the Administrative Procedure Act
Regulatory Flexibility Act
(APA) (5 U.S.C. 553(b)). This provision
We certify that this rule will not have Coast Guard authorizes an agency to issue a rule
a significant economic impact on a without prior notice and opportunity to
substantial number of small entities 33 CFR Part 165 comment when the agency for good
because it affects individuals only. [Docket No. USCG–2018–1017] cause finds that those procedures are
Therefore, the Regulatory Flexibility ‘‘impracticable, unnecessary, or contrary
RIN 1625–AA00
Act, as amended, does not require us to to the public interest.’’ Under 5 U.S.C.
prepare a regulatory flexibility analysis. Safety Zone: Winter on the Waterfront 553(b)(B), the Coast Guard finds that
Fireworks Display, Berkeley, CA good cause exists for not publishing a
E.O. 13771 notice of proposed rulemaking (NPRM)
AGENCY: Coast Guard, DHS. with respect to this rule. Since the Coast
This rule is not subject to the
requirements of Executive Order 13771 ACTION: Temporary final rule. Guard received notice of this event on
because it is administrative in nature November 7, 2018, notice and comment
SUMMARY: The Coast Guard is procedures would be impracticable in
and results in no more than de minimis establishing a temporary safety zone in
costs. this instance.
the navigable waters of San Francisco For similar reasons as those stated
Paperwork Reduction Act Bay near Berkeley Marina in support of above, under 5 U.S.C. 553(d)(3), the
the Winter on the Waterfront Fireworks Coast Guard finds that good cause exists
These rules do not create any new or Display on December 8, 2018. This for making this rule effective less than
affect any existing collections and, safety zone is necessary to protect 30 days after publication in the Federal
therefore, do not require OMB approval personnel, vessels, and the marine Register.
under the Paperwork Reduction Act. environment from the dangers
associated with pyrotechnics. III. Legal Authority and Need for Rule
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security— Unauthorized persons or vessels are The Coast Guard is issuing this rule
Disability Insurance; 96.002, Social prohibited from entering into, transiting under authority in 33 U.S.C. 1231. The
Security—Retirement Insurance; 96.004, through, or remaining in the safety zone Captain of the Port (COTP) San
Social Security—Survivors Insurance; and without permission of the Captain of the Francisco has determined that potential
96.006, Supplemental Security Income). Port of their designated representative. hazards associated with the Winter on
VerDate Sep<11>2014 16:14 Dec 07, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\10DER1.SGM 10DER1](https://thefederalregister.org/doc/83_FR_63651/page/2.svg)
Document Created: 2018-12-08 00:21:53
Document Modified: 2018-12-08 00:21:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective January 9, 2019. | |
| Contact | Pamela J. Carcirieri, Supervisory Government Information Specialist, SSA, Office of Privacy and Disclosure, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, Phone: (410) 965-0355, for information about this rule. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our internet site, Social Security Online, at http://www.socialsecurity.gov. | |
| FR Citation | 83 FR 63415 | |
| RIN Number | 0960-AI08 | |
| CFR Associated | Administrative Practice and Procedure and Privacy |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR