This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

87371 

Vol. 88, No. 241 

Monday, December 18, 2023 

DEPARTMENT OF ENERGY 

10 CFR Part 1008 

[DOE–HQ–2022–0024] 

RIN 1903–AA13 

Social Security Number Fraud 

Prevention Act 

AGENCY: U.S. Department of Energy. 

ACTION: Notice of proposed rulemaking 

and request for public comment. 

SUMMARY: The Department of Energy 

(DOE or Department) proposes to revise 

its regulations regarding records 

maintained on individuals under the 

Privacy Act. The revisions would clarify 

and update procedural requirements 

pertaining to the inclusion of a Social 

Security Number (SSN) on documents 

that the Department sends by mail. 

These revisions are necessary to 

implement the SSN Fraud Prevention 

Act of 2017’s restriction on the 

inclusion of SSNs on documents sent by 

mail by the Federal Government. 

Additionally, the Department proposes 

to maintain a publicly available list 

authorizing certain designated 

documents to include SSNs if: inclusion 

is necessary; and the documents are 

requested by individuals outside DOE or 

other Federal agencies. This Notice of 

Proposed Rulemaking (NOPR) seeks 

comment on this proposal. 

DATES: To be assured of consideration, 

written comments on this proposed 

rulemaking must be received at one of 

the addresses provided in the 

ADDRESSES section, on or before January 

17, 2024. Comments received following 

the aforementioned date will be 

considered if it is practical to do so. 

Please refer to section IV (Public 

Participation—Submission of 

Comments) for additional information 

on the comment period. 

ADDRESSES: You may submit comments 

identified by docket number DOE–HQ– 

2022–0024, as follows: 

Federal eRulemaking Portal: 

www.regulations.gov. Enter the docket 

ID number in the ‘‘Enter Keyword or ID’’ 

field and click on ‘‘Search.’’ On the next 

web page, click on ‘‘Submit a 

Comment’’ action and follow the 

instructions in the portal. 

Mail/Hand Delivery/Courier [For 

paper, disk, or CD-ROM submissions] to: 

Ken Hunt, U.S. Department of Energy, 

1000 Independence Avenue SW, Office 

8H–085, Washington, DC 20585. 

Comments received, including any 

personal information, will be posted 

without change to www.regulations.gov. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. The 

www.regulations.gov web page contains 

instructions on how to access all 

documents, including public comments, 

in the docket. See section IV of this 

document for further information on 

how to submit comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kyle David, U.S. Department of Energy, 

1000 Independence Avenue SW, Office 

8H–085, Washington, DC 20585; 

facsimile: (202) 586–8151; email: 

kyle.david@hq.doe.gov, telephone: (240) 

686–9485. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Discussion 

III. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866, 

13563, and 14094 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 12988 

F. Review Under Executive Order 13132 

G. Review Under Executive Order 13175 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

I. Review Under Executive Order 12360 

J. Review Under Executive Order 13211 

K. Review Under the Treasury and General 

Government Appropriations Act, 1999 

L. Review Under the Treasury and General 

Government Appropriations Act, 2001 

IV. Public Participation—Submission of 

Comments 

V. Approval by the Office of the Secretary of 

Energy 

I. Authority and Background 

A. Authority 

DOE has broad authority to regulate 

the agency’s collection, use, processing, 

maintenance, storage, and disclosure of 

SSNs pursuant to the following 

authorities: 42 U.S.C. 7101 et seq., 50 

U.S.C. 2401 et seq., 5 U.S.C. 1104, 5 

U.S.C. 293, 5 U.S.C. 552, 5 U.S.C. 552a, 

42 U.S.C. 7254, 5 U.S.C. 301, and 42 

U.S.C. 405 note. 

B. Background 

The SSN Fraud Prevention Act of 

2017 (the Act) (Pub L. 115–59; 42 U.S.C. 

405 note), enacted on September 15, 

2017, prohibits Federal agencies from 

including individuals’ full SSN on 

documents transmitted by physical mail 

unless the head of the agency 

determines that the inclusion of the full 

SSN on the document is necessary 

(section 2(a), Pub. L. 115–59). The Act 

requires agency heads to issue 

regulations specifying the circumstances 

under which inclusion of a full SSN on 

a document sent by mail is necessary. 

The Act specifies that these regulations 

be issued no later than five years after 

the date of enactment, include 

instructions for the partial redaction of 

SSNs where feasible, and require that 

SSNs not be visible on the outside of 

any package sent by mail (section 2(b), 

Pub. L. 115–59). This proposed rule 

would revise 10 CFR 1008.22 (Use and 

Collection of Social Security Numbers) 

consistent with these requirements in 

the Act. The proposed revisions would 

clarify the procedural requirements 

pertaining to the inclusion of full SSNs 

on documents that DOE sends by mail. 

II. Discussion 

Pursuant to the Act, an agency may 

not include a SSN on a document sent 

by mail unless the Secretary determines 

that inclusion of the SSN on the 

document is necessary. DOE usage of 

SSNs is necessary in instances when it 

is required by law, or fulfills a 

compelling business need. The 

proposed regulatory text would revise 

10 CFR 1008.22 to establish the process 

by which Departmental Elements may 

request a Secretarial waiver of the 

prohibition on inclusion of SSNs. The 

proposed text provides for a Secretarial 


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waiver for pre-approved items listed on 

DOE’s ‘‘Un-redacted SSN Mailed 

Documents Listing’’ (USMDL). This is a 

list of categories of documents which 

the Secretary of Energy, or the 

Secretary’s authorized designee, has 

determined to be pre-approved for the 

inclusion of a full SSN in a mailed 

document. The justification for this 

determination is that the identified 

forms are necessary to fulfill a 

compelling DOE business need or 

mission function. DOE developed this 

list of pre-approved forms and 

documents based on responses to 

annual DOE data calls to assess which 

documents (1) contain a full SSN, (2) 

contain a full SSN that cannot be 

redacted, and (3) must be transmitted 

through physical mail and include a full 

SSN. Documents listed on the USMDL 

include those related to payroll, human 

resources, taxes, security, badging, and 

Privacy Act and Freedom of Information 

Act requests. DOE proposes that forms 

and documents included on the USMDL 

will not require a separate Secretarial 

waiver to be transmitted by physical 

mail. 

The proposed rule provides that forms 

and documents not listed on the 

USMDL that contain a full SSN and 

must be transmitted through physical 

mail to fulfill a compelling DOE 

business need will require a Secretarial 

waiver in accordance with these 

regulations. Pursuant to ‘‘Department of 

Energy Designation Order No. 00– 

17.00A to the Chief Information 

Officer,’’ section 1.3, the Chief 

Information Officer (CIO), as Senior 

Agency Official for Privacy (SAOP), has 

the authority to implement ‘‘information 

privacy protection, including 

compliance with Federal laws, 

regulations, and policies that relate to 

information privacy and the Privacy 

Act.’’ Pursuant to this authority, for 

circumstances where a transmitting 

DOE Element anticipates the sending of 

a particular form or document will be a 

one-time occurrence, and under 

conditions where such transmission is 

an urgent matter, the Element may 

request a conditional, one-time 

Secretarial waiver from the DOE SAOP. 

Similarly, pursuant Designation Order 

No. 00–17.00A section 1.3, for 

circumstances where the transmitting 

element anticipates a regular and 

frequent transmission of a particular 

form or document, the proposed rule 

provides that the Element may request 

that the relevant form or document be 

added to the USMDL from the DOE 

SAOP. 

A request by a current or former DOE 

employee or contractor, through an 

internal system, to have a document or 

form containing that individual’s SSN 

mailed to the individual will not require 

a waiver under the proposed rule. 

III. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

12866, 13563, and 14094 

Executive Order (‘‘E.O.’’) 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993), as 

supplemented and reaffirmed by E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ 76 FR 3821 (Jan. 

21, 2011) and amended by E.O. 14094, 

‘‘Modernizing Regulatory Review,’’ 88 

FR 21879 (April 11, 2023), requires 

agencies, to the extent permitted by law, 

to (1) propose or adopt a regulation only 

upon a reasoned determination that its 

benefits justify its costs (recognizing 

that some benefits and costs are difficult 

to quantify); (2) tailor regulations to 

impose the least burden on society, 

consistent with obtaining regulatory 

objectives, taking into account, among 

other things, and to the extent 

practicable, the costs of cumulative 

regulations; (3) select, in choosing 

among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. DOE emphasizes as 

well that E.O. 13563 requires agencies to 

use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs 

(OIRA) has emphasized that such 

techniques may include identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes. For the reasons stated in the 

preamble, this proposed regulatory 

action is consistent with these 

principles. 

Section 6(a) of E.O. 12866 requires 

agencies to submit ‘‘significant 

regulatory actions’’ to OIRA for review. 

OIRA has determined that this proposed 

regulatory action is not a ‘‘significant 

regulatory action’’ within the scope of 

E.O. 12866. Accordingly, this action is 

not subject to review under E.O. 12866 

by OIRA of the Office of Management 

and Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires that an 

agency prepare an initial regulatory 

flexibility analysis for any regulation for 

which a general notice of proposed 

rulemaking is required, unless the 

agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities (5 U.S.C. 

605(b)). As required by Executive Order 

13272, Proper Consideration of Small 

Entities in Agency Rulemaking, 67 FR 

53461 (Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website (https://energy.gov/ 

gc/office-general-counsel). 

DOE reviewed this proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE certifies that the proposed 

rule, if adopted, would not have 

significant economic impact on a 

substantial number of small entities. 

The factual basis for this certification is 

set forth below. 

This proposed rule would update 

DOE’s polices and procedures 

concerning the transmission by physical 

mail of documents containing full SSNs 

for necessary business purposes. This 

proposed rule would apply only to 

activities conducted by DOE’s federal 

employees and contractors, who would 

be responsible for implementing the 

rule requirements. DOE does not expect 

there to be any potential economic 

impact of this proposed rule on small 

businesses. Small businesses, therefore, 

should not be adversely impacted by the 

requirements in this proposed rule. For 

these reasons, DOE certifies that this 

proposed rule, if promulgated, would 

not have a significant economic impact 

on a substantial number of small 

entities, and therefore, no regulatory 

flexibility analysis has been prepared. 

C. Review Under the Paperwork 

Reduction Act of 1995 

This proposed rule does not impose a 

collection of information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.). 


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D. Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act of 1969 

(NEPA), DOE has analyzed this 

proposed action in accordance with 

NEPA and DOE’s NEPA implementing 

regulations (10 CFR part 1021). DOE’s 

regulations include a categorical 

exclusion (CX) for rulemakings 

interpreting or amending an existing 

rule or regulation that does not change 

the environmental effect of the rule or 

regulation being amended. 10 CFR part 

1021, subpart D, appendix A5. DOE has 

determined that this proposed rule is 

covered under the CX found in DOE’s 

NEPA regulations at paragraph A.5 of 

appendix A to subpart D, 10 CFR part 

1021, because it is an amendment to an 

existing regulation that does not change 

the environmental effect of the amended 

regulation and, therefore, meets the 

requirements for the application of this 

CX. See 10 CFR 1021.410. Therefore, 

DOE has determined that this proposed 

rule is not a major Federal action 

significantly affecting the quality of the 

human environment within the meaning 

of NEPA and does not require an 

Environmental Assessment or an 

Environmental Impact Statement. 

E. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, Section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for the affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; (6) specifies whether 

administrative proceedings are to be 

required before parties may file suit in 

court and, if so, describes those 

proceedings and requires the exhaustion 

of administrative remedies; and (7) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of the 

standards. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this 

proposed rule meets the relevant 

standards of Executive Order 12988. 

F. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 10, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. The Executive order 

also requires agencies to have an 

accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process it will follow in the 

development of such regulations. 65 FR 

13735. DOE has examined this proposed 

rule and has tentatively determined that 

it would not preempt State law and 

would not have a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. No further 

action is required by Executive Order 

13132. 

G. Review Under Executive Order 13175 

Under Executive Order 13175 (65 FR 

67249, November 6, 2000) on 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ DOE may 

not issue a discretionary rule that has 

‘‘Tribal’’ implications and imposes 

substantial direct compliance costs on 

Indian Tribal governments. DOE has 

determined that the proposed rule 

would not have such effects and 

concluded that Executive Order 13175 

does not apply to this proposed rule. 

H. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995 (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of a Federal regulatory 

action on State, local, and Tribal 

governments, and the private sector. 

(Pub. L. 104–4, sec. 201 et seq. (codified 

at 2 U.S.C. 1531 et seq.)). For a proposed 

regulatory action likely to result in a 

rule that may cause the expenditure by 

State, local, and Tribal governments, in 

the aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

economy. (2 U.S.C. 1532(a), (b)) UMRA 

also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant Federal 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect them. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. (62 FR 

12820) (This policy is also available at: 

www.energy.gov/gc/guidance-opinions 

under ‘‘Guidance & Opinions’’ 

(Rulemaking)). DOE examined the 

proposed rule according to UMRA and 

its statement of policy and has 

determined that the rule contains 

neither an intergovernmental mandate, 

nor a mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year. Accordingly, no further 

assessment or analysis is required under 

UMRA. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this proposed 

regulation would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the OIRA, which 

is part of OMB, a Statement of Energy 

Effects for any proposed significant 

energy action. A ‘‘significant energy 

action’’ is defined as any action by an 

agency that promulgates or is expected 

to lead to promulgation of a final rule, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
87374 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Proposed Rules 

and that: (1)(i) is a significant regulatory 

action under Executive Order 12866, or 

any successor order; and (ii) is likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, or 

(2) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This proposed regulatory action is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

K. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any 

proposed rule that may affect family 

well-being. This proposed rule would 

not have any impact on the autonomy 

or integrity of the family as an 

institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

L. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516) provides for 

Federal agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). Pursuant to 

OMB Memorandum M–19–15, 

Improving Implementation of the 

Information Quality Act (April 24, 

2019), DOE published updated 

guidelines which are available at: 

www.energy.gov/sites/prod/files/2019/ 

12/f70/DOE%20Final%20Updated

%20IQA%20Guidelines%20Dec

%202019.pdf. 

DOE has reviewed this proposed rule 

and will ensure that information 

produced under this regulation remains 

consistent with the applicable OMB and 

DOE guidelines. 

IV. Public Participation—Submission of 

Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule before or no later than the date 

provided in the DATES section at the 

beginning of this proposed rule. 

Interested individuals are invited to 

participate in this proceeding by 

submitting data, views, or arguments 

with respect to this proposed rule using 

the method described in the ADDRESSES

section at the beginning of this proposed 

rule. To help the Department review the 

submitted comments, commenters are 

requested to reference the paragraph(s), 

(e.g., § 1008.22(d)), to which they refer, 

where possible. 

1. Submitting comments on 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable by DOE’s 

Office of Privacy Management and 

Compliance staff only. Your contact 

information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information will 

be publicly viewable if you include it in 

the comment itself or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through 

www.regulations.gov will waive any CBI 

claims for the information submitted. 

For information on submitting CBI, see 

the Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, that are written in English, and 

that are free of any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, they should carry the 

electronic signature of the author. 

2. Confidential Business Information. 

Pursuant to the provisions of 10 CFR 

1004.11, anyone submitting information 

or data he or she believes to be 

confidential and exempt by law from 

public disclosure should submit two 

well-marked copies: one copy of the 

document marked ‘‘CONFIDENTIAL’’ 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘NONCONFIDENTIAL’’ with the information 

believed to be confidential deleted. 

Submit these documents via email. DOE 

will make its own determination as to 

the confidentiality of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

3. Campaign form letters. Please 

submit campaign form letters by the 

originating organization in batches of 

between 50 to 500 form letters per PDF 

or as one form letter with a list of 

supporters’ names compiled into one or 

more PDFs. This reduces comment 

processing and posting time. 

V. Approval by the Office of the 

Secretary of Energy 

The Secretary of Energy has approved 

publication of this notice of proposed 

rulemaking and request for public 

comment. 

List of Subjects in 10 CFR Part 1008 

Administration practice and 

procedure, Freedom of information, 

Privacy, Reporting and recordkeeping 

requirements. 


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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Proposed Rules 87375 

Signing Authority 

This document of the Department of 

Energy was signed on November 24, 

2023, by Ann Dunkin, Senior Agency 

Official for Privacy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on December 

12, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, the Department of Energy 

proposes to amend part 1008 of chapter 

X of title 10 of the Code of Federal 

Regulations as set forth below: 

PART 1008—RECORDS MAINTAINED 

ON INDIVIDUALS (PRIVACY ACT) 

■ 1. The authority citation for part 1008 

is revised to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 

2401 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 42 

U.S.C. 7254; and 5 U.S.C. 301. Section 

1008.22(c) also issued under 42 U.S.C. 405 

note. 

■ 2. Amend § 1008.22 by adding 

paragraphs (c) through (e) to read as 

follows: 

§ 1008.22 Use and collection of social 

security numbers. 

* * * * * 

(c) Pursuant to the Social Security 

Number Fraud and Prevention Act (Pub. 

L. 115–59; 42 U.S.C. 405 note), Heads of 

Headquarters Divisions and Offices and 

heads of other DOE locations may not 

include a full Social Security number on 

a form or document transmitted by 

physical mail unless: 

(1) The form or document belongs to 

a category of forms and documents 

listed on the Department’s ‘‘Unredacted 

SSN Mailed Documents Listing’’ 

(USMDL) as published on the 

Department’s website; or 

(2) The Senior Agency Official for 

Privacy (SAOP) provides a one-time 

waiver for the form or document as 

provided by paragraph (d) of this 

section. 

(d) The Heads of Headquarters 

Divisions and Offices and heads of other 

DOE locations who have a compelling 

business need to include a full social 

security number on a form or document 

that is transmitted by physical mail and 

which do not belong to a category of 

form or document listed on the USMDL 

may request a conditional, one-time 

Secretarial waiver as follows: 

(1) The requesting Head of 

Departmental Element must prepare a 

memorandum for submission to the 

SAOP that: 

(i) Identifies the document that 

requires transmission via physical mail; 

(ii) Explains with specificity the 

reasons why a full social security 

number is required to be transmitted via 

physical mail on the document; 

(iii) Provides with specificity details 

on why the social security number 

cannot be a partial social security 

number; and 

(iv) Includes any other justification to 

support the Element’s request, including 

any legal requirement that necessitates 

the Department sending a full social 

security number through physical mail 

for business or mission purposes. 

(2) The Departmental Element must 

send the completed memorandum to the 

Chief Privacy Officer (CPO) for review. 

(3) The CPO will review the request 

and forward its recommendation to the 

SAOP. 

(4) The SAOP will review and 

approve or reject the Departmental 

Element’s request. 

(5) If the request is approved, the 

SAOP will issue a memorandum in 

response to the Head of the 

Departmental Element authorizing the 

conditional, one-time transmission of 

the document. 

(e) Under circumstances where the 

transmitting Departmental Element 

anticipates a regular and frequent 

transmission through physical mail of a 

particular form or document containing 

social security numbers not already 

listed on the USDML, the Head of the 

Departmental Element may request that 

a new category relevant to the form or 

document be added to the USMDL in 

accordance with the procedures in 

paragraphs (e)(1) through (5) of this 

section: 

(1) The requesting Departmental 

Element must prepare a memorandum 

for submission to the SAOP that: 

(i) Identifies the document that 

requires transmission via physical mail; 

(ii) Explains with specificity the 

reasons why a full social security 

number is required to be transmitted via 

physical mail on the form or document; 

(iii) Provides with specificity details 

on why the social security number 

cannot be a partial social security 

number; and 

(iv) Includes any other justification to 

support the Element’s request, including 

any legal requirement that necessitates 

the Department sending a full social 

security number through physical mail 

for business or mission purposes. 

(2) The Head of the Departmental 

Element must send the completed 

memorandum to the CPO for review. 

(3) The CPO will review the request 

and forward its recommendation to the 

SAOP. 

(4) The SAOP will review and 

approve or reject the Element’s request. 

(5) If the request is approved, the 

SAOP will issue a memorandum in 

response to the requestor stating the 

SAOP’s determination and DOE will 

update the USDML and publish the 

updated USDML on the Department’s 

website. 

[FR Doc. 2023–27616 Filed 12–15–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1801; Airspace 

Docket No. 23–AAL–33] 

RIN 2120–AA66 

Modification of Class E Airspace; 

Klawock Airport, Klawock, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental Notice of 

Proposed Rulemaking (SNPRM). 

SUMMARY: This action proposes to 

modify the Class E airspace extending 

upward from 700 feet above the surface 

and remove the Class E airspace 

extending upward from 1,200 feet above 

the surface at Klawock Airport, 

Klawock, AK. Additionally, this action 

proposes administrative amendments to 

update the airport’s existing Class E 

airspace legal description. These actions 

would support the safety and 

management of instrument flight rules 

(IFR) operations at the airport. 

DATES: Comments must be received on 

or before February 1, 2024. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–1801 

and Airspace Docket No. 23–AAL–33 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

* Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 


khammond on DSKJM1Z7X2PROD with PROPOSALS