Privacy and Disclosure of Official Records and Information, 69616-69618 [E7-23786]

Download as PDF mstockstill on PROD1PC66 with RULES 69616 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations that the torque and gap are within limits, and there is no paint present, visually inspect the vertical fin support bracket in the area of the vertical fin attaching hardware for a crack using a 10x or higher power magnifying glass. (1) If no crack is found, re-torque the vertical fin attaching hardware to between 75 and 95 in. lbs. (8.47 to 10.75 Nm). (2) If a crack is found, replace the twopiece vertical fin support bracket with a onepiece vertical fin casting support, P/N 206– 033–426–003. (f) Based on your finding in paragraphs (c) and (d) of this AD, if either the torque or gap is out of limits, or paint is present: (1) Remove the vertical fin. (2) Remove all the primer and paint coatings in the areas indicated in Figure I of the ASB. (3) Florescent penetrant inspect (FPI) the vertical fin support. (4) If a crack is found, replace the twopiece vertical fin support with a one-piece vertical fin casting support, P/N 206–033– 426–003. (5) If no crack is found, apply two coats of Polyamide Epoxy Primer on bare metal surfaces. (g) For Type 2 vertical fins only: (1) If incorrect washers (spacers) or no washers are installed, visually inspect the 4 vertical fin potted inserts as depicted in the vertical fin detail in Figure I of the ASB for any damage using a 10x or higher power magnifying glass. (2) If any of the 4 vertical fin potted inserts is damaged with no other damage to the surrounding areas, remove and replace the damaged potted insert with an airworthy potted insert. (3) After assuring that all 4 installed vertical fin potted inserts are undamaged, install the correct washers in accordance with step 9.d. of the Accomplishment Instructions of the ASB. (h) This AD revises the helicopter maintenance manual by adding an inspection of the torque on the vertical fin attaching hardware, and inspections of the vertical fin and vertical fin support, to the 100-hour TIS and annual scheduled inspections. (i) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Regulations and Policy Group, FAA, ATTN: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth, Texas 76193–0111, telephone (817) 222–5122, fax (817) 222–5961, for information about previously approved alternative methods of compliance. (j) The determination of the type and part number of the vertical fin, the inspections, and installing the correct washers, if necessary, shall be done in accordance with the specified portions of Bell Helicopter Textron Alert Service Bulletin No. 206–06– 107, Revision A, dated June 15, 2006. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Bell Helicopter Textron Canada Limited, 12,800 Rue de l’Avenir, Mirabel, Quebec J7J1R4, telephone VerDate Aug<31>2005 16:20 Dec 07, 2007 Jkt 214001 (450) 437–2862 or (800) 363–8023, fax (450) 433–0272. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. (k) This amendment becomes effective on January 14, 2008. Note: The subject of this AD is addressed in Transport Canada (Canada) AD No. CF– 2006–12, dated June 5, 2006. Issued in Fort Worth, Texas, on November 27, 2007. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7–23601 Filed 12–7–07; 8:45 am] BILLING CODE 4910–13–P comments.) In the Search Documents section, select ‘‘Social Security Administration’’ from the agency dropdown menu, then click ‘‘submit’’. In the Docket ID Column, locate SSA–2007– 0067 and then click ‘‘Add Comments’’ in the ‘‘Comments Add/Due By’’ column. • Telefax to (410) 966–2830. • Letter to the Commissioner of Social Security, P.O. Box 17703, Baltimore, MD 21235–7703. • Deliver your comments to the Office of Regulations, Social Security Administration, 922 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235–6401, between 8 a.m. and 4:30 p.m. on regular business days. Comments are posted on the Federal eRulemaking Portal. You may also inspect them on regular business days by making arrangements with the contact person named in this preamble. Edie McCracken, Social Insurance Specialist, Office of Public Disclosure, 3–A–6 Operations Building, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–6117. 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 Web site, Social Security Online, at http:// www.socialsecurity.gov. FOR FURTHER INFORMATION CONTACT: SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 401 and 402 [Docket No. SSA–2007–0067] RIN 0960–AG14 Privacy and Disclosure of Official Records and Information AGENCY: Social Security Administration (SSA). Final rules with request for comment. ACTION: We are revising our rules to allow us to better preserve the anonymity of, and to better protect the physical well-being of, our employees who reasonably believe that they are at risk of injury or other harm if certain employment information about them is disclosed. These changes in the rules are intended to ensure uniform application of the policy for at-risk employees. We are again requesting comments on these final rules because we revised the language of the proposed rules to clarify our intent. DATES: Effective Date: January 9, 2008. Comment Date: To be sure your comments are considered, we must receive them by February 8, 2008. ADDRESSES: You may submit comments by any of the following methods. Regardless of which method you choose, to ensure that we can associate your comments with the correct regulation for consideration, you must state that your comments refer to Docket No. SSA–2007–0067: • Federal eRulemaking Portal at http://www.regulations.gov. (This is the preferred method for submitting your SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the Federal Register at http:// www.gpoaccess.gov/fr/index.html. Background We approved a recommendation from a national committee on security to implement a nationwide program to enhance the safety and security of our employees who are victims, or potential victims, of domestic violence. It was intended to safeguard the anonymity of at-risk employees when requests for their work location and/or phone number were received from individuals posing a threat to their personal safety, by delaying the disclosure of the information when certain conditions were met. This process would have entailed a change in our policy that now permits such information requests to be honored. While no action was ever taken on the recommendation, we are amending our rules to reflect a similar approach that will strengthen our privacy and disclosure rules to better safeguard at-risk employees. E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations mstockstill on PROD1PC66 with RULES Notice of Proposed Rulemaking We proposed a modified version of the recommendation to implement a nationwide program to enhance the safety and security of our employees who are at risk or victims, or potential victims, of domestic violence and called it the Identity Protection Program (IPP). We published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on June 6, 2006 (71 FR 32494). The NPRM proposed to: • Amend 20 CFR part 401, Appendix A (b)(3)(c)(4) by removing the sentence, ‘‘Location of duty station, including room number and telephone number,’’ and • Revise 20 CFR 402.45 by adding a new paragraph (e). New paragraph § 402.45(e) will describe the rules governing the release of personally identifiable information (employees’ telephone numbers and duty stations, including room numbers, bay designations, or other identifying information regarding buildings or places of employment). We have made some revisions to the rules published in the NPRM due to the comments we received. We describe these revisions and our reasons for making them below. Comments on the NPRM When we published the NPRM, we provided the public with a 60-day comment period. Four individual members of the public and one advocacy organization submitted comments. Because some of the comments submitted were detailed, we have summarized the views presented in the comments and are responding to the issues raised in the comments that were within the scope of the proposed rules. Comment: Two members of the public expressed support and agreed with the proposal to strengthen our privacy and disclosure rules to better safeguard atrisk employees. One commenter urged us to promptly move forward with the proposal. Response: We appreciate the commenters’ support of our proposal. Comment: Two members of the public and the advocacy organization disagreed with the proposal to strengthen our privacy and disclosure rules to better safeguard at-risk employees. They were concerned that the public would not have access to our employees when conducting claims-related business with us. These three commenters asserted that the proposed rules would not improve our service delivery because the public would not be able to directly contact the employee who handled a specific claim related issue or action. VerDate Aug<31>2005 16:20 Dec 07, 2007 Jkt 214001 Response: These final rules are not intended to impede the prompt and courteous service that the public is entitled to receive. We do not believe that these changes will negatively affect the service that we provide to the public. Telephone calls from the public are received in each local field office through one general telephone number. For the purpose of conducting ongoing SSA business, however, it may be necessary for employees to provide a direct telephone number by which they can be reached when assisting members of the public. Under these rules, employees will still continue to receive telephone calls directly from those members of the public whom they are assisting. Our rules would provide an additional level of protection for employees who have reason to believe that disclosure of their work location and telephone number could add to their risk of injury or other harm. These final rules will allow us to use our discretion to withhold the work location and/or telephone number of employees who are victims (or potential victims) of domestic violence. We realize from these comments that the description of our intent was misinterpreted. Therefore, we have rewritten § 402.45(e) to clarify our intent. Although we are issuing these rules as final rules, we are also requesting comments on the text of § 402.45(e), as it differs from what we proposed. Other Changes (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; 96.006, Supplemental Security Income) List of Subjects in 20 CFR Parts 401 and 402 Administrative practice and procedure, Freedom of information, Privacy. Dated: August 29, 2007. Michael J. Astrue, Commissioner of Social Security. Editorial Note: This document was received at the Office of the Federal Register on Monday, December 3, 2007. For the reasons set out in the preamble, we are amending Appendix A of part 401 and part 402 of chapter III of title 20 of the Code of Federal Regulations as set forth below: I PART 401—PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION 1. The authority citation for part 401 continues to read as follows: I 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. We have consulted with the Office of Management and Budget (OMB) and determined that these final rules meet the criteria for a significant regulatory action under Executive Order 12866, as amended. Thus, they were subject to OMB review. Regulatory Flexibility Act PART 402—AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC Authority: Secs. 205, 702(a)(5), and 1106 of the Social Security Act; (42 U.S.C. 405, 902(a)(5), and 1306); 5 U.S.C. 552 and 552a; 8 U.S.C. 1360; 18 U.S.C. 1905; 26 U.S.C. 6103; 30 U.S.C. 923b; 31 U.S.C. 9701; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. 2. Section 402.45 is amended by adding paragraph (e) to read as follows: I § 402.45 We certify that these final rules do not have a significant economic impact on a substantial number of small entities because they affect only individuals. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Sfmt 4700 2. Appendix A is amended by removing paragraph (b)(3)(c)(4). I 1. The authority citation for part 402 continues to read as follows: Executive Order 12866, as Amended Fmt 4700 These final rules impose no reporting or recordkeeping requirements subject to OMB clearance. I Regulatory Procedures Frm 00049 Paperwork Reduction Act Appendix A—[Amended] In our NPRM (71 FR 32494) published on June 6, 2006, we incorrectly identified the text in Appendix A to part 401 we proposed to remove. The correct identification is paragraph (c)(4) of Appendix A to part 401. We have corrected it in these final rules. PO 00000 69617 Availability of records. * * * * * (e) Federal employees. We will not disclose information when the information sought is lists of telephone numbers and/or duty stations of one or more Federal employees if the disclosure, as determined at the E:\FR\FM\10DER1.SGM 10DER1 69618 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations discretion of the official responsible for custody of the information, would place employee(s) at risk of injury or other harm. Also, we will not disclose the requested information if the information is protected from mandatory disclosure under an exemption of the Freedom of Information Act. I [FR Doc. E7–23786 Filed 12–7–07; 8:45 am] Authority: 21 U.S.C. 811, 812, 871(b), unless otherwise noted. BILLING CODE 4191–02–P Accordingly, 21 CFR part 1308 is corrected by making the following correcting amendments: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follows: I DEPARTMENT OF JUSTICE 2. Section 1308.12(b)(1) is amended by revising the entry (xii) to read as follows: Drug Enforcement Administration § 1308.12 I Schedule II. * * * (b) * * * (1) * * * * * * 21 CFR Part 1308 [Docket No. DEA–309F] * * * * (xii) Oripavine ..................................... Designation of Oripavine as a Basic Class of Controlled Substance; Correction * * * * 9330 * Dated: November 26, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control. [FR Doc. E7–23759 Filed 12–7–07; 8:45 am] Drug Enforcement Administration (DEA), Justice. ACTION: Final rule; correcting amendments. AGENCY: BILLING CODE 4410–09–P On September 24, 2007, the Drug Enforcement Administration (DEA) published in the Federal Register a final rule (72 FR 54208) designating oripavine (3-O-demethylthebaine or 6,7,8,14-tetradehydro-4,5-alpha-epoxy6-methoxy-17-methylmorphinan-3-ol) as a basic class in schedule II of the Controlled Substances Act (CSA). The drug code for oripavine was inadvertently designated as 9335, a drug code which is already used to identify a schedule I controlled substance. This correction corrects that error and assigns a different drug code to oripavine. DATES: Effective December 10, 2007. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, by e-mail, ode@dea.usdoj.gov or by fax, (202) 353– 1263. SUPPLEMENTARY INFORMATION: On September 24, 2007, the Drug Enforcement Administration (DEA) published a Final Rule in the Federal Register (72 FR 54208) designating oripavine (3– O-demethylthebaine or 6,7,8,14-tetradehydro-4,5-alpha-epoxy6-methoxy-17-methylmorphinan-3-ol) as a basic class in schedule II of the Controlled Substances Act (CSA). In the final rule, the drug code for oripavine was inadvertently listed as 9335. This is the drug code for the schedule I controlled substance, drotebanol. Upon publication of this rule, the drug code for oripavine will be amended to 9330. mstockstill on PROD1PC66 with RULES SUMMARY: VerDate Aug<31>2005 16:20 Dec 07, 2007 Jkt 214001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA–R02–OAR–2004–TR–0001; FRL–8488– 9] Approval and Promulgation of Saint Regis Mohawk’s Tribal Implementation Plan Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: The EPA is approving the St. Regis Mohawk Tribe (SRMT) Tribal Implementation Plan (TIP). The SRMT TIP contains programs to address ambient air quality standards, emissions inventory, permitting, synthetic minor facilities, source surveillance, open burning, enforcement, review of state permits, and regional haze planning. EPA’s action makes the approvable portions of the SRMT TIP, as discussed in this action, federally enforceable. The approvable portions of the TIP are equivalent to current EPA regulations, procedures, or ambient air quality standards. The intended effect of the approved TIP is to protect air quality and population within the exterior boundaries of the SRMT Reservation. DATES: Effective Date: This rule is effective on January 9, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 No. EPA–R02–OAR–2004–TR–0001. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007–1866. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is 212–637–4249. FOR FURTHER INFORMATION CONTACT: Gavin Lau, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007, (212) 637–3708. SUPPLEMENTARY INFORMATION: On August 14, 2007 (72 FR 45397), EPA published a proposal for the approval of portions of the SRMT TIP. The final action makes federally enforceable the portions of the SRMT TIP that contain programs to address: Ambient air quality standards for sulfur dioxide (SO2), particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), and ozone (O3); emissions inventory; permitting; synthetic minor facilities; source surveillance; open burning; enforcement; review of state permits; and regional haze planning. EPA is not approving ambient air quality standards in the SRMT TIP for fluoride and metals since they are not equivalent to EPA ambient air quality standards. The SRMT is a federally recognized Indian tribe recognized by the U.S. Secretary of the Interior. Beginning in 2001, with assistance from EPA, the Tribe began developing a TIP with the goal of protecting the population within the Reservation from air pollution by controlling or abating existing and new sources. Under the provisions of the Clean Air Act (CAA or Act) and EPA’s regulations, Indian tribes must meet eligibility criteria spelled out in the Act and the Tribal Authority Rule (TAR), in order to be treated in the same manner as a state for the purpose of developing an implementation plan. These criteria are: (1) The Tribe is federally recognized; (2) the Tribe has a governing body that carries out substantial duties and powers; (3) the functions the Tribe applied for carrying out pertain to the management and protection of air E:\FR\FM\10DER1.SGM 10DER1

Agencies

[Federal Register Volume 72, Number 236 (Monday, December 10, 2007)]
[Rules and Regulations]
[Pages 69616-69618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23786]


=======================================================================
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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 401 and 402

[Docket No. SSA-2007-0067]
RIN 0960-AG14


Privacy and Disclosure of Official Records and Information

AGENCY: Social Security Administration (SSA).

ACTION: Final rules with request for comment.

-----------------------------------------------------------------------

SUMMARY: We are revising our rules to allow us to better preserve the 
anonymity of, and to better protect the physical well-being of, our 
employees who reasonably believe that they are at risk of injury or 
other harm if certain employment information about them is disclosed. 
These changes in the rules are intended to ensure uniform application 
of the policy for at-risk employees. We are again requesting comments 
on these final rules because we revised the language of the proposed 
rules to clarify our intent.

DATES: Effective Date: January 9, 2008.
    Comment Date: To be sure your comments are considered, we must 
receive them by February 8, 2008.

ADDRESSES: You may submit comments by any of the following methods. 
Regardless of which method you choose, to ensure that we can associate 
your comments with the correct regulation for consideration, you must 
state that your comments refer to Docket No. SSA-2007-0067:
     Federal eRulemaking Portal at http://www.regulations.gov. 
(This is the preferred method for submitting your comments.) In the 
Search Documents section, select ``Social Security Administration'' 
from the agency drop-down menu, then click ``submit''. In the Docket ID 
Column, locate SSA-2007-0067 and then click ``Add Comments'' in the 
``Comments Add/Due By'' column.
     Telefax to (410) 966-2830.
     Letter to the Commissioner of Social Security, P.O. Box 
17703, Baltimore, MD 21235-7703.
     Deliver your comments to the Office of Regulations, Social 
Security Administration, 922 Altmeyer Building, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, between 8 a.m. and 4:30 p.m. on 
regular business days.
    Comments are posted on the Federal eRulemaking Portal. You may also 
inspect them on regular business days by making arrangements with the 
contact person named in this preamble.

FOR FURTHER INFORMATION CONTACT: Edie McCracken, Social Insurance 
Specialist, Office of Public Disclosure, 3-A-6 Operations Building, 
6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-6117. 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 Web site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Version

    The electronic file of this document is available on the date of 
publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html.

Background

    We approved a recommendation from a national committee on security 
to implement a nationwide program to enhance the safety and security of 
our employees who are victims, or potential victims, of domestic 
violence. It was intended to safeguard the anonymity of at-risk 
employees when requests for their work location and/or phone number 
were received from individuals posing a threat to their personal 
safety, by delaying the disclosure of the information when certain 
conditions were met. This process would have entailed a change in our 
policy that now permits such information requests to be honored. While 
no action was ever taken on the recommendation, we are amending our 
rules to reflect a similar approach that will strengthen our privacy 
and disclosure rules to better safeguard at-risk employees.

[[Page 69617]]

Notice of Proposed Rulemaking

    We proposed a modified version of the recommendation to implement a 
nationwide program to enhance the safety and security of our employees 
who are at risk or victims, or potential victims, of domestic violence 
and called it the Identity Protection Program (IPP). We published a 
Notice of Proposed Rulemaking (NPRM) in the Federal Register on June 6, 
2006 (71 FR 32494).
    The NPRM proposed to:
     Amend 20 CFR part 401, Appendix A (b)(3)(c)(4) by removing 
the sentence, ``Location of duty station, including room number and 
telephone number,'' and
     Revise 20 CFR 402.45 by adding a new paragraph (e). New 
paragraph Sec.  402.45(e) will describe the rules governing the release 
of personally identifiable information (employees' telephone numbers 
and duty stations, including room numbers, bay designations, or other 
identifying information regarding buildings or places of employment).
    We have made some revisions to the rules published in the NPRM due 
to the comments we received. We describe these revisions and our 
reasons for making them below.

Comments on the NPRM

    When we published the NPRM, we provided the public with a 60-day 
comment period. Four individual members of the public and one advocacy 
organization submitted comments. Because some of the comments submitted 
were detailed, we have summarized the views presented in the comments 
and are responding to the issues raised in the comments that were 
within the scope of the proposed rules.
    Comment: Two members of the public expressed support and agreed 
with the proposal to strengthen our privacy and disclosure rules to 
better safeguard at-risk employees. One commenter urged us to promptly 
move forward with the proposal.
    Response: We appreciate the commenters' support of our proposal.
    Comment: Two members of the public and the advocacy organization 
disagreed with the proposal to strengthen our privacy and disclosure 
rules to better safeguard at-risk employees. They were concerned that 
the public would not have access to our employees when conducting 
claims-related business with us. These three commenters asserted that 
the proposed rules would not improve our service delivery because the 
public would not be able to directly contact the employee who handled a 
specific claim related issue or action.
    Response: These final rules are not intended to impede the prompt 
and courteous service that the public is entitled to receive. We do not 
believe that these changes will negatively affect the service that we 
provide to the public. Telephone calls from the public are received in 
each local field office through one general telephone number. For the 
purpose of conducting ongoing SSA business, however, it may be 
necessary for employees to provide a direct telephone number by which 
they can be reached when assisting members of the public. Under these 
rules, employees will still continue to receive telephone calls 
directly from those members of the public whom they are assisting. Our 
rules would provide an additional level of protection for employees who 
have reason to believe that disclosure of their work location and 
telephone number could add to their risk of injury or other harm. These 
final rules will allow us to use our discretion to withhold the work 
location and/or telephone number of employees who are victims (or 
potential victims) of domestic violence.
    We realize from these comments that the description of our intent 
was misinterpreted. Therefore, we have rewritten Sec.  402.45(e) to 
clarify our intent. Although we are issuing these rules as final rules, 
we are also requesting comments on the text of Sec.  402.45(e), as it 
differs from what we proposed.

Other Changes

    In our NPRM (71 FR 32494) published on June 6, 2006, we incorrectly 
identified the text in Appendix A to part 401 we proposed to remove. 
The correct identification is paragraph (c)(4) of Appendix A to part 
401. We have corrected it in these final rules.

Regulatory Procedures

Executive Order 12866, as Amended

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these final rules meet the criteria for a 
significant regulatory action under Executive Order 12866, as amended. 
Thus, they were subject to OMB review.

Regulatory Flexibility Act

    We certify that these final rules do not have a significant 
economic impact on a substantial number of small entities because they 
affect only individuals. Thus, a regulatory flexibility analysis as 
provided in the Regulatory Flexibility Act, as amended, is not 
required.

Paperwork Reduction Act

    These final rules impose no reporting or recordkeeping requirements 
subject to OMB clearance.

(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; 96.006, 
Supplemental Security Income)

List of Subjects in 20 CFR Parts 401 and 402

    Administrative practice and procedure, Freedom of information, 
Privacy.

    Dated: August 29, 2007.
Michael J. Astrue,
Commissioner of Social Security.

    Editorial Note: This document was received at the Office of the 
Federal Register on Monday, December 3, 2007.

0
For the reasons set out in the preamble, we are amending Appendix A of 
part 401 and part 402 of chapter III 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.

Appendix A--[Amended]

0
2. Appendix A is amended by removing paragraph (b)(3)(c)(4).

PART 402--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC

0
1. The authority citation for part 402 continues to read as follows:

    Authority: Secs. 205, 702(a)(5), and 1106 of the Social Security 
Act; (42 U.S.C. 405, 902(a)(5), and 1306); 5 U.S.C. 552 and 552a; 8 
U.S.C. 1360; 18 U.S.C. 1905; 26 U.S.C. 6103; 30 U.S.C. 923b; 31 
U.S.C. 9701; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235.


0
2. Section 402.45 is amended by adding paragraph (e) to read as 
follows:


Sec.  402.45  Availability of records.

* * * * *
    (e) Federal employees. We will not disclose information when the 
information sought is lists of telephone numbers and/or duty stations 
of one or more Federal employees if the disclosure, as determined at 
the

[[Page 69618]]

discretion of the official responsible for custody of the information, 
would place employee(s) at risk of injury or other harm. Also, we will 
not disclose the requested information if the information is protected 
from mandatory disclosure under an exemption of the Freedom of 
Information Act.

[FR Doc. E7-23786 Filed 12-7-07; 8:45 am]
BILLING CODE 4191-02-P