Protecting the Public and Our Personnel to Ensure Operational Effectiveness, 54700-54703 [2011-22492]

Download as PDF 54700 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. Government. In addition, I am aware that, even if this submission may be withdrawn from the record of the AD/CVD proceeding, the Department may preserve this submission, including a business proprietary submission, for purposes of determining the accuracy of this certification. I certify that I am filing a copy of this signed certification with this submission to the U.S. Department of Commerce and that I will retain the original for a five-year period commencing with the filing of this document. The original will be available for inspection by U.S. Department of Commerce officials. Signature: lllllllllllll Date: lllllllllllllll ** For multiple person certifications, all persons should be listed in the first sentence of the certification and all persons should sign and date the certification. In addition, singular pronouns and possessive adjectives should be changed accordingly, e.g., ‘‘I’’ should be changed to ‘‘we’’ and ‘‘my knowledge’’ should be changed to ‘‘our knowledge.’’ OR I, (name and title), currently employed by (person), certify that (1) I have read the attached submission, and (2) the information contained in this submission is, to the best of my knowledge, complete and accurate. (2) For the legal counsel or other representative: erowe on DSK5CLS3C1PROD with RULES Date: lllllllllllllll *** For multiple representative certifications, all representatives and their firms should be listed in the first sentence of the certification and all representatives should sign and date the certification. In addition, singular pronouns and possessive adjectives should be changed accordingly, e.g., ‘‘I’’ should be changed to ‘‘we’’ and ‘‘my knowledge’’ should be changed to ‘‘our knowledge.’’ BILLING CODE 3510–DS–P I, (PRINTED NAME), with (LAW FIRM or OTHER FIRM), counsel or representative to (COMPANY OR GOVERNMENT OR PARTY), certify that I have read the attached submission of (IDENTIFY THE SPECIFIC SUBMISSION BY TITLE AND DATE) pursuant to the (INSERT ONE OF THE FOLLOWING: THE (ANTIDUMPING OR COUNTERVAILING DUTY) INVESTIGATION OF (PRODUCT) FROM (COUNTRY) (CASE NUMBER) or THE (DATES OF POR) (ADMINISTRATIVE OR NEW SHIPPER) REVIEW UNDER THE (ANTIDUMPING OR COUNTERVAILING) DUTY ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER) or THE SUNSET REVIEW OR CHANGED CIRCUMSTANCE REVIEW OR SCOPE RULING OR 13:31 Sep 01, 2011 Signature: lllllllllllll [FR Doc. 2011–22344 Filed 9–1–11; 8:45 am] REPRESENTATIVE CERTIFICATION *** VerDate Mar<15>2010 CIRCUMVENTION INQUIRY OF AD/ CVD ORDER ON (PRODUCT) FROM (COUNTRY) (CASE NUMBER). In my capacity as an adviser, counsel, preparer or reviewer of this submission, I certify that the information contained in this submission is accurate and complete to the best of my knowledge. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. Government. In addition, I am aware that, even if this submission may be withdrawn from the record of the AD/CVD proceeding, the Department may preserve this submission, including a business proprietary submission, for purposes of determining the accuracy of this certification. I certify that I am filing a copy of this signed certification with this submission to the U.S. Department of Commerce and that I will retain the original for a five-year period commencing with the filing of this document. The original will be available for inspection by U.S. Department of Commerce officials. Jkt 223001 SOCIAL SECURITY ADMINISTRATION 20 CFR Part 422 [Docket No. SSA–2011–0052] RIN 0960–AH35 Protecting the Public and Our Personnel to Ensure Operational Effectiveness Social Security Administration. Interim final rule with request for comments. AGENCY: ACTION: We are publishing the process we follow when we ban an individual from entering our field offices. Due to escalating reports of threats to our personnel and our customers in our offices, we are taking steps to increase SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 the level of protection we provide. We expect that this rule will result in a safer environment for our personnel and members of the public who use our facilities, while ensuring that we continue to serve the American people with as little disruption to our operations as possible. DATES: Effective Date: This interim final rule is effective September 2, 2011. Comment date: To ensure that your comments are considered, we must receive them no later than November 1, 2011. ADDRESSES: You may submit comments by any one of three methods—Internet, fax, or mail. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to Docket No. SSA–2011–0052 so that we can associate your comments with the correct regulation. Caution: You should be careful to include in your comments only information that you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as SSN or medical information. 1. Internet: We strongly recommend that you submit your comments via the Internet. Please visit the Federal eRulemaking portal at https:// www.regulations.gov. Use the Search function to find docket number SSA– 2011–0052. The system will issue a tracking number to confirm your submission. You will not be able to view your comment immediately because we must post each comment manually. It may take up to a week for your comment to be viewable. 2. Fax: Fax comments to (410) 966– 2830. 3. Mail: Mail your comments to the Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401. Comments are available for public viewing on the Federal eRulemaking portal at https://www.regulations.gov or in person, during regular business hours, by arranging with the contact person identified below. FOR FURTHER INFORMATION CONTACT: Bill McClelland, Office of Public Service and Operations Support, 6401 Security Boulevard, Baltimore, Maryland 21235– 6401, 410–965–8004. 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 https:// www.socialsecurity.gov. E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations SUPPLEMENTARY INFORMATION: erowe on DSK5CLS3C1PROD with RULES Background Preventing violence is a growing concern for all Federal agencies, particularly the Social Security Administration. We touch the lives of virtually every American, often during times of personal hardship, transition, and uncertainty. In fiscal year (FY) 2010, we had 45 million visits to our field offices, 738,000 hearings before administrative law judges, and over 67 million calls to our national 800 number. Most interactions occur without incident, and 90% of visitors responding to our annual surveys rate our service as excellent, very good, or good. However, some people who visit or call our offices make threatening statements to and against our employees, other government employees, members of the public, our guards, and our office buildings. Unfortunately, some people go beyond verbal threats and physically assault our employees, guards, and members of the public. As our workloads have risen in recent years, the number of reported threats to our employees has increased significantly. In FY 2010, we received nearly 2,800 reports of threats to our employees across the Nation, an increase of 43% from FY 2009. We respond promptly to these incidents and refer them to law enforcement for further action, when appropriate. We have increased the security measures in our field and hearing offices. We are using the resources Congress provided to handle disability benefit claims more quickly and accurately; we expect these actions will minimize the anxiety that claimants may experience when they seek benefits from us. As we work to make our offices safer, we must consider risks to the public and our personnel, as well as our service delivery obligations. When we deem it necessary, we may ban an individual from entering our offices. Section 702(a)(4) of the Social Security Act (Act) provides that the Commissioner is ‘‘responsible for the exercise of all powers and the discharge of all duties of the [agency], and shall have authority and control over all personnel and activities thereof.’’ The Act also authorizes the Commissioner to ‘‘prescribe such rules and regulations as [he or she] determines are necessary or appropriate to carry out the functions’’ of the agency. Section 702(a)(5) of the Act, 42 U.S.C. 902(a)(5). In order to ensure that the agency operates in an effective manner, the Commissioner determines the methods for providing VerDate Mar<15>2010 13:31 Sep 01, 2011 Jkt 223001 service to the public and the means for minimizing operational disruptions. The Commissioner’s authority extends to placing reasonable restrictions on an individual’s access to in-person services. Courts have held that an individual’s right of access to Federal property can reasonably be limited in the interest of public safety.1 In developing this final rule, we are balancing an individual’s right to obtain in-person Social Security services against the threat the individual poses to the safety of our personnel and our visitors. When balancing these interests, we also consider our obligation to effectively administer our programs.2 In this final rule, we describe the process we will follow when determining whether to ban an individual from our offices. We may ban an individual from our offices when he or she: (1) Uses force or threats of force against our personnel or offices, including sending threatening letters or other communications; (2) engages in disruptive conduct that impedes our personnel from performing their duties; or (3) engages in disruptive behavior that prevents members of the public from obtaining services from us. When we ban an individual, the ban will apply to all of our offices nationwide. We will ban an individual only after an agency manager determines that the individual poses a threat to the safety of our personnel or our visitors, our offices, or the operational effectiveness of the agency. We will provide the individual with written notice of the ban. The notice will contain the following information: (a) Type of restriction. If we ban an individual from entering our offices, the ban will apply to all of our offices. A banned individual must obtain all future service through alternate means. We will provide in-person service only if the banned individual establishes that there are no alternate means available. A banned individual requesting inperson service must direct that request to the manager of the office that the individual is requesting to visit. If we determine that an office visit is 1 See Downing v. Kunzig, 454 F.2d 1230, 1232 (6th Cir. 1972) (noting that, ‘‘federal buildings housing federal courts and other governmental agencies are designed to be used strictly for governmental purposes. Although members of the public ordinarily have free access to such buildings, * * * responsible agencies are free to adopt and enforce reasonable rules restricting such public use. * * *’’); cf. United States v. Cassiagnol, 420 F.2d 868, 875 (4th Cir. 1970) (‘‘Even where government property is generally open to the public, reasonable nondiscriminatory regulation is appropriate to prevent interference with the designated and intended governmental use thereof.’’). 2 See 76 FR 13506. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 54701 warranted, we will schedule an appointment for the individual and send a certified letter notifying the individual of the date, time, and location of the appointment. (b) Prohibited conduct. The notice will provide the banned individual with specific details of the prohibited conduct that served as the basis for our decision to ban him or her. (c) Alternate means of service. The notice will provide information about the alternate channels of service available to an individual who we have banned. 1. The individual may use the online services available through our Web site at https://www.socialsecurity.gov; 2. The notice will include the contact information for the individual’s local office. The individual may call the local office and ask to speak with the office manager or a supervisor; 3. The individual may call our national toll-free number at 1–800–772– 1213 between the hours of 7 a.m. and 7 p.m., Monday through Friday. The individual should not try to schedule an in-person appointment through this number. If the individual is deaf or hard of hearing, he or she may call our tollfree TTY number at 1–800–325–0778; 4. The individual may write to the local office. An individual restricted from receiving in-person services from our personnel should address all correspondence to the attention of the office manager; or 5. With the written consent of the banned individual, another person may call, write, or visit us on his or her behalf. (d) Appeal rights. A banned individual may appeal our determination. A banned individual must submit his or her appeal in writing to the address identified in the notice within 60 days of the date of the notice. The appeal should identify the individual’s name, address, Social Security number, and the office that issued the ban notice. The appeal should clearly state why we should reconsider the ban determination and provide any supporting documentation. We may allow an additional 10 days for the late filing of an appeal if the individual shows good cause for the late filing. The ban will remain in effect while the appeal is pending. We will provide written notice of the appeal decision. (e) Periodic request for review of ban decision. A banned individual may request review of our ban decision every three years. The three-year cycle to request review will begin on the date we issued the notice of the ban, or if the individual appealed, the date of our E:\FR\FM\02SER1.SGM 02SER1 54702 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations appeal decision. The individual must submit a request for review of a ban decision in writing to the address identified in the original notice of the ban. The request for review should identify the individual’s name, address, Social Security number, and office that issued the ban notice. The request should clearly state why we should lift the ban and provide relevant documentation that supports removal of the restriction, including, medical documentation, applicable psychiatric evaluations, work history, and any criminal record. The banned individual must prove by a preponderance of the evidence (meaning that it is more likely than not) that he or she no longer poses a threat to the safety of our personnel, visitors, offices, or the operational effectiveness of the agency. We will notify the individual of our decision in writing. We will post this regulation in a conspicuous place in our offices that serve the public. Clarity of This Rule Executive Order 12866, as supplemented by Executive Order 13563, requires each agency to write all rules in plain language. In addition to your substantive comments on this final rule, we invite your comments on how to make rules easier to understand. For example: • Would more, but shorter, sections be better? • Are the requirements in the rule clearly stated? • Have we organized the material to suit your needs? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? • Does the rule contain technical language or jargon that is not clear? • Would a different format make the rule easier to understand, e.g. grouping and order of sections, use of headings, paragraphing? erowe on DSK5CLS3C1PROD with RULES When will we start to use this rule? We will start to use this interim final rule on the date shown under the ‘‘Effective Date’’ section earlier in this preamble. However, we are also inviting public comments on the changes made by this rule. We will consider any relevant comments we receive, plan to publish another final rules document to respond to any such comments we receive, and will make any changes to the rules as appropriate based on the comments. VerDate Mar<15>2010 13:31 Sep 01, 2011 Jkt 223001 Regulatory Procedures Justification for Issuing Final Rule Without Notice and Comment We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 when developing regulations. See Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). Generally, the APA requires that an agency provide prior notice and opportunity for public comment before issuing an interim final rule. The APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures because they are impracticable, unnecessary, or contrary to the public interest. We have determined that good cause exists for dispensing with the notice and public comment procedures for this rule. 5 U.S.C. 553(b)(B). As we noted above, the number of reported threats to our personnel and property has risen dramatically in recent years. In light of this increase, we believe we must take immediate action to implement this final rule as quickly as possible. The changes we are making in this final rule will increase our ability to protect our claimants, personnel, and other visitors to our offices, while at the same time fulfilling our mission to serve the American people. Accordingly, we find that prior public comment would be contrary to the public interest. However, we are inviting public comment on this final rule and will consider any substantive comments we receive within 60 days of the publication of this final rule. In addition, for the reasons cited above, we also find good cause for dispensing with the 30-day delay in the effective date of this rule provided for in 5 U.S.C. 553(d)(3). Accordingly, we are making this interim final rule effective upon publication. Executive Order 12866 As Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget (OMB) and determined that this interim final rule met the criteria for a significant regulatory action under Executive Order 12866 as supplemented by Executive Order 13563. Thus, OMB reviewed the final rule. Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities because they affect individuals only. Therefore, a regulatory flexibility PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 analysis is not required under the Regulatory Flexibility Act, as amended. Paperwork Reduction Act This rule does not create any new or affect any existing collections and, therefore, does 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 422 Administrative practice and procedure, Organization and functions (Government agencies), Reporting and recordkeeping requirements, Social security. Michael J. Astrue, Commissioner of Social Security. For the reasons set out in the preamble, we amend part 422 of chapter III of title 20 of the Code of Federal Regulations as set forth below: PART 422—ORGANIZATION AND PROCEDURES 1. Add and reserve subpart I. 2. Add subpart J to Part 422 to read as follows: ■ ■ Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness Sec. 422.901 Scope and purpose. 422.902 Definition of personnel for purposes of this subpart. 422.903 Prohibited conduct. 422.904 Notice of the ban. 422.905 Appeal rights. 422.906 Periodic request for review of ban decision. 422.907 Posting requirement. Subpart J—Protecting the Public and Our Personnel To Ensure Operational Effectiveness Authority: Sec. 702(a)(4)–(5) of the Social Security Act (42 U.S.C. 902(a)(4)–(5)). § 422.901 Scope and purpose. The regulations in this subpart describe the process we will follow when we decide whether to ban you from entering our offices. Due to increasing reports of threats to our personnel and the public, we are taking steps to increase the level of protection we provide to our personnel and to the public. The purpose of this subpart is to inform the public and our personnel of E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations the conduct that will subject an individual to a ban and the procedures we will follow when banning an individual from entering our offices. We expect that the regulations will result in a safer environment for our personnel and the public who visit our facilities, while ensuring that our personnel can continue to serve the American people with as little disruption to our operations as possible. § 422.902 Definition of personnel for purposes of this subpart. We will construe the term ‘‘personnel’’ broadly to mean persons responsible for or engaged in carrying out the responsibilities, programs, or services of or on behalf of the agency. Personnel includes, but is not limited to, our employees, contractors, consultants, and examiners and State disability determination services (DDS) employees, contractors, consultants, and examiners. § 422.903 Prohibited conduct. We will ban you from entering our offices if you: (a) Physically or verbally assault our personnel or a member of the public in our occupied space; (b) Use force or threats of force against our personnel or offices, including but not limited to communicating threats in person or by phone, facsimile, mail, or electronic mail; (c) Engage in disruptive conduct that impedes our personnel from performing their duties; or (d) Engage in disruptive conduct that impedes members of the public from obtaining services from our personnel. erowe on DSK5CLS3C1PROD with RULES § 422.904 Notice of the ban. If an agency manager makes a decision in writing that you pose a threat to the safety of our personnel, visitors, office, or the operational effectiveness of the agency, we will send you a notice banning you from our offices. The notice will contain the following information: (a) Type of restriction. If we ban you from entering our offices, the ban will apply to all of our offices, and you must obtain all future service through alternate means. We will provide you in-person service only if you establish that there are no alternate means available. You must direct your request for in-person service to the manager of the office you are requesting to visit. If we determine that an office visit is warranted, we will schedule an appointment for you and send you a certified letter notifying you of the date, time, and location of the appointment. (b) Prohibited conduct. We will provide you with specific details of the VerDate Mar<15>2010 13:31 Sep 01, 2011 Jkt 223001 prohibited conduct that served as the basis for our decision to ban you. (c) Alternate means of service. If you are banned from entering our offices, you still have several means to receive services: (1) You may use the online services available through our Web site at https://www.socialsecurity.gov; (2) You may call your local office. Your notice will include the contact information for your local office. You should ask to speak with the office manager or a supervisor; (3) You may call our national toll-free number at 1–800–772–1213 between the hours of 7 a.m. and 7 p.m., Monday through Friday. You should not attempt to schedule an in-person appointment through this number. If you are deaf or hard of hearing, you may call our tollfree TTY number at 1–800–325–0778; (4) You may write to your local office. You should address all correspondence to the attention of the office manager; (5) With your written consent, another person may call, write, or visit us to conduct business on your behalf. (d) Appeal rights. The notice will provide you with information on how to appeal the ban. (e) Periodic request for review of ban decision. The notice will provide you with information on how to request review of the ban determination every three years from the date of the ban notice, or if you appeal the ban, the date of the appeal decision. § 422.905 Appeal rights. You may appeal our decision to ban you. You must submit your appeal in writing to the address identified in the notice within 60 days of the date of the notice. You should identify your name, address, Social Security number, and the office that issued the notice of the ban. The appeal should clearly state why we should reconsider our decision and provide any supporting documentation. We may allow an additional 10 days for the late filing of an appeal if you show good cause for the late filing. The ban will remain in effect while the appeal is pending. We will notify you of our decision in writing. § 422.906 Periodic request for review of ban decision. You may request review of our ban decision every three years. The threeyear cycle to request review will begin on the date we issued notice of the ban, or if you appealed, the date of our appeal decision. You must submit your request for review of a ban decision in writing to the address identified in the original notice of the ban. Your request PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 54703 for review should identify your name, address, Social Security number, and office that issued the notice of the ban. Your request should clearly state why we should lift the ban and provide relevant documentation that supports removal of the restriction, including medical documentation, applicable psychiatric evaluations, work history, and any criminal record. You must prove by a preponderance of the evidence (meaning that it is more likely than not) that you no longer pose a threat to the safety of our personnel or visitors or the operational effectiveness of the agency. We will notify you of our decision in writing. § 422.907 Posting requirement. We will post the regulation in this subpart in a conspicuous place in our offices that serve the public. [FR Doc. 2011–22492 Filed 9–1–11; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0001] RIN 1625–AA00 Safety Zone; Myrtle Beach Triathlon, Atlantic Intracoastal Waterway, Myrtle Beach, SC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina during the Myrtle Beach Triathlon. The Myrtle Beach Triathlon, which is comprised of a series of triathlon races, is scheduled to take place on Saturday, October 8, 2011 and Sunday, October 9, 2011. This temporary safety zone is necessary for the safety of race participants, participant vessels, spectators, and the general public during the swim portions of the triathlon races. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. SUMMARY: This rule is effective from 6 a.m. on October 8, 2011 through 11:59 a.m. on October 9, 2011. ADDRESSES: Comments and material received from the public, as well as DATES: E:\FR\FM\02SER1.SGM 02SER1

Agencies

Social Security Administration

[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54700-54703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22492]

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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 422

[Docket No. SSA-2011-0052]
RIN 0960-AH35

Protecting the Public and Our Personnel to Ensure Operational
Effectiveness

AGENCY: Social Security Administration.

ACTION: Interim final rule with request for comments.

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

SUMMARY: We are publishing the process we follow when we ban an
individual from entering our field offices. Due to escalating reports
of threats to our personnel and our customers in our offices, we are
taking steps to increase the level of protection we provide. We expect
that this rule will result in a safer environment for our personnel and
members of the public who use our facilities, while ensuring that we
continue to serve the American people with as little disruption to our
operations as possible.

DATES: Effective Date: This interim final rule is effective September
2, 2011.
Comment date: To ensure that your comments are considered, we must
receive them no later than November 1, 2011.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2011-0052 so
that we can associate your comments with the correct regulation.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
SSN or medical information.
1. Internet: We strongly recommend that you submit your comments
via the Internet. Please visit the Federal eRulemaking portal at https://www.regulations.gov. Use the Search function to find docket number
SSA-2011-0052. The system will issue a tracking number to confirm your
submission. You will not be able to view your comment immediately
because we must post each comment manually. It may take up to a week
for your comment to be viewable.
2. Fax: Fax comments to (410) 966-2830.
3. Mail: Mail your comments to the Office of Regulations, Social
Security Administration, 107 Altmeyer Building, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401.
Comments are available for public viewing on the Federal
eRulemaking portal at https://www.regulations.gov or in person, during
regular business hours, by arranging with the contact person identified
below.

FOR FURTHER INFORMATION CONTACT: Bill McClelland, Office of Public
Service and Operations Support, 6401 Security Boulevard, Baltimore,
Maryland 21235-6401, 410-965-8004. 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 https://www.socialsecurity.gov.

[[Page 54701]]

SUPPLEMENTARY INFORMATION:

Background

Preventing violence is a growing concern for all Federal agencies,
particularly the Social Security Administration. We touch the lives of
virtually every American, often during times of personal hardship,
transition, and uncertainty. In fiscal year (FY) 2010, we had 45
million visits to our field offices, 738,000 hearings before
administrative law judges, and over 67 million calls to our national
800 number. Most interactions occur without incident, and 90% of
visitors responding to our annual surveys rate our service as
excellent, very good, or good. However, some people who visit or call
our offices make threatening statements to and against our employees,
other government employees, members of the public, our guards, and our
office buildings. Unfortunately, some people go beyond verbal threats
and physically assault our employees, guards, and members of the
public.
As our workloads have risen in recent years, the number of reported
threats to our employees has increased significantly. In FY 2010, we
received nearly 2,800 reports of threats to our employees across the
Nation, an increase of 43% from FY 2009. We respond promptly to these
incidents and refer them to law enforcement for further action, when
appropriate. We have increased the security measures in our field and
hearing offices. We are using the resources Congress provided to handle
disability benefit claims more quickly and accurately; we expect these
actions will minimize the anxiety that claimants may experience when
they seek benefits from us.
As we work to make our offices safer, we must consider risks to the
public and our personnel, as well as our service delivery obligations.
When we deem it necessary, we may ban an individual from entering our
offices.
Section 702(a)(4) of the Social Security Act (Act) provides that
the Commissioner is ``responsible for the exercise of all powers and
the discharge of all duties of the [agency], and shall have authority
and control over all personnel and activities thereof.'' The Act also
authorizes the Commissioner to ``prescribe such rules and regulations
as [he or she] determines are necessary or appropriate to carry out the
functions'' of the agency. Section 702(a)(5) of the Act, 42 U.S.C.
902(a)(5). In order to ensure that the agency operates in an effective
manner, the Commissioner determines the methods for providing service
to the public and the means for minimizing operational disruptions.
The Commissioner's authority extends to placing reasonable
restrictions on an individual's access to in-person services. Courts
have held that an individual's right of access to Federal property can
reasonably be limited in the interest of public safety.\1\ In
developing this final rule, we are balancing an individual's right to
obtain in-person Social Security services against the threat the
individual poses to the safety of our personnel and our visitors. When
balancing these interests, we also consider our obligation to
effectively administer our programs.\2\
---------------------------------------------------------------------------

\1\ See Downing v. Kunzig, 454 F.2d 1230, 1232 (6th Cir. 1972)
(noting that, ``federal buildings housing federal courts and other
governmental agencies are designed to be used strictly for
governmental purposes. Although members of the public ordinarily
have free access to such buildings, * * * responsible agencies are
free to adopt and enforce reasonable rules restricting such public
use. * * *''); cf. United States v. Cassiagnol, 420 F.2d 868, 875
(4th Cir. 1970) (``Even where government property is generally open
to the public, reasonable nondiscriminatory regulation is
appropriate to prevent interference with the designated and intended
governmental use thereof.'').
\2\ See 76 FR 13506.
---------------------------------------------------------------------------

In this final rule, we describe the process we will follow when
determining whether to ban an individual from our offices. We may ban
an individual from our offices when he or she: (1) Uses force or
threats of force against our personnel or offices, including sending
threatening letters or other communications; (2) engages in disruptive
conduct that impedes our personnel from performing their duties; or (3)
engages in disruptive behavior that prevents members of the public from
obtaining services from us. When we ban an individual, the ban will
apply to all of our offices nationwide.
We will ban an individual only after an agency manager determines
that the individual poses a threat to the safety of our personnel or
our visitors, our offices, or the operational effectiveness of the
agency. We will provide the individual with written notice of the ban.
The notice will contain the following information:
(a) Type of restriction. If we ban an individual from entering our
offices, the ban will apply to all of our offices. A banned individual
must obtain all future service through alternate means. We will provide
in-person service only if the banned individual establishes that there
are no alternate means available. A banned individual requesting in-
person service must direct that request to the manager of the office
that the individual is requesting to visit. If we determine that an
office visit is warranted, we will schedule an appointment for the
individual and send a certified letter notifying the individual of the
date, time, and location of the appointment.
(b) Prohibited conduct. The notice will provide the banned
individual with specific details of the prohibited conduct that served
as the basis for our decision to ban him or her.
(c) Alternate means of service. The notice will provide information
about the alternate channels of service available to an individual who
we have banned.
1. The individual may use the online services available through our
Web site at https://www.socialsecurity.gov;
2. The notice will include the contact information for the
individual's local office. The individual may call the local office and
ask to speak with the office manager or a supervisor;
3. The individual may call our national toll-free number at 1-800-
772-1213 between the hours of 7 a.m. and 7 p.m., Monday through Friday.
The individual should not try to schedule an in-person appointment
through this number. If the individual is deaf or hard of hearing, he
or she may call our toll-free TTY number at 1-800-325-0778;
4. The individual may write to the local office. An individual
restricted from receiving in-person services from our personnel should
address all correspondence to the attention of the office manager; or
5. With the written consent of the banned individual, another
person may call, write, or visit us on his or her behalf.
(d) Appeal rights. A banned individual may appeal our
determination. A banned individual must submit his or her appeal in
writing to the address identified in the notice within 60 days of the
date of the notice. The appeal should identify the individual's name,
address, Social Security number, and the office that issued the ban
notice. The appeal should clearly state why we should reconsider the
ban determination and provide any supporting documentation. We may
allow an additional 10 days for the late filing of an appeal if the
individual shows good cause for the late filing. The ban will remain in
effect while the appeal is pending. We will provide written notice of
the appeal decision.
(e) Periodic request for review of ban decision. A banned
individual may request review of our ban decision every three years.
The three-year cycle to request review will begin on the date we issued
the notice of the ban, or if the individual appealed, the date of our

[[Page 54702]]

appeal decision. The individual must submit a request for review of a
ban decision in writing to the address identified in the original
notice of the ban. The request for review should identify the
individual's name, address, Social Security number, and office that
issued the ban notice. The request should clearly state why we should
lift the ban and provide relevant documentation that supports removal
of the restriction, including, medical documentation, applicable
psychiatric evaluations, work history, and any criminal record. The
banned individual must prove by a preponderance of the evidence
(meaning that it is more likely than not) that he or she no longer
poses a threat to the safety of our personnel, visitors, offices, or
the operational effectiveness of the agency. We will notify the
individual of our decision in writing.
We will post this regulation in a conspicuous place in our offices
that serve the public.

Clarity of This Rule

Executive Order 12866, as supplemented by Executive Order 13563,
requires each agency to write all rules in plain language. In addition
to your substantive comments on this final rule, we invite your
comments on how to make rules easier to understand.
For example:
Would more, but shorter, sections be better?
Are the requirements in the rule clearly stated?
Have we organized the material to suit your needs?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
Does the rule contain technical language or jargon that is
not clear?
Would a different format make the rule easier to
understand, e.g. grouping and order of sections, use of headings,
paragraphing?

When will we start to use this rule?

We will start to use this interim final rule on the date shown
under the ``Effective Date'' section earlier in this preamble. However,
we are also inviting public comments on the changes made by this rule.
We will consider any relevant comments we receive, plan to publish
another final rules document to respond to any such comments we
receive, and will make any changes to the rules as appropriate based on
the comments.

Regulatory Procedures

Justification for Issuing Final Rule Without Notice and Comment

We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 when developing regulations. See
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5).
Generally, the APA requires that an agency provide prior notice and
opportunity for public comment before issuing an interim final rule.
The APA provides exceptions to its notice and public comment procedures
when an agency finds there is good cause for dispensing with such
procedures because they are impracticable, unnecessary, or contrary to
the public interest. We have determined that good cause exists for
dispensing with the notice and public comment procedures for this rule.
5 U.S.C. 553(b)(B).
As we noted above, the number of reported threats to our personnel
and property has risen dramatically in recent years. In light of this
increase, we believe we must take immediate action to implement this
final rule as quickly as possible. The changes we are making in this
final rule will increase our ability to protect our claimants,
personnel, and other visitors to our offices, while at the same time
fulfilling our mission to serve the American people. Accordingly, we
find that prior public comment would be contrary to the public
interest. However, we are inviting public comment on this final rule
and will consider any substantive comments we receive within 60 days of
the publication of this final rule.
In addition, for the reasons cited above, we also find good cause
for dispensing with the 30-day delay in the effective date of this rule
provided for in 5 U.S.C. 553(d)(3). Accordingly, we are making this
interim final rule effective upon publication.

Executive Order 12866 As Supplemented by Executive Order 13563

We consulted with the Office of Management and Budget (OMB) and
determined that this interim final rule met the criteria for a
significant regulatory action under Executive Order 12866 as
supplemented by Executive Order 13563. Thus, OMB reviewed the final
rule.

Regulatory Flexibility Act

We certify that this final rule will not have a significant
economic impact on a substantial number of small entities because they
affect individuals only. Therefore, a regulatory flexibility analysis
is not required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

This rule does not create any new or affect any existing
collections and, therefore, does 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 422

Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements, Social
security.

Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, we amend part 422 of
chapter III of title 20 of the Code of Federal Regulations as set forth
below:

PART 422--ORGANIZATION AND PROCEDURES

0
1. Add and reserve subpart I.
0
2. Add subpart J to Part 422 to read as follows:

Subpart J--Protecting the Public and Our Personnel To Ensure
Operational Effectiveness

Sec.
422.901 Scope and purpose.
422.902 Definition of personnel for purposes of this subpart.
422.903 Prohibited conduct.
422.904 Notice of the ban.
422.905 Appeal rights.
422.906 Periodic request for review of ban decision.
422.907 Posting requirement.

Subpart J--Protecting the Public and Our Personnel To Ensure
Operational Effectiveness

Authority: Sec. 702(a)(4)-(5) of the Social Security Act (42
U.S.C. 902(a)(4)-(5)).

Sec. 422.901 Scope and purpose.

The regulations in this subpart describe the process we will follow
when we decide whether to ban you from entering our offices. Due to
increasing reports of threats to our personnel and the public, we are
taking steps to increase the level of protection we provide to our
personnel and to the public. The purpose of this subpart is to inform
the public and our personnel of

[[Page 54703]]

the conduct that will subject an individual to a ban and the procedures
we will follow when banning an individual from entering our offices. We
expect that the regulations will result in a safer environment for our
personnel and the public who visit our facilities, while ensuring that
our personnel can continue to serve the American people with as little
disruption to our operations as possible.

Sec. 422.902 Definition of personnel for purposes of this subpart.

We will construe the term ``personnel'' broadly to mean persons
responsible for or engaged in carrying out the responsibilities,
programs, or services of or on behalf of the agency. Personnel
includes, but is not limited to, our employees, contractors,
consultants, and examiners and State disability determination services
(DDS) employees, contractors, consultants, and examiners.

Sec. 422.903 Prohibited conduct.

We will ban you from entering our offices if you:
(a) Physically or verbally assault our personnel or a member of the
public in our occupied space;
(b) Use force or threats of force against our personnel or offices,
including but not limited to communicating threats in person or by
phone, facsimile, mail, or electronic mail;
(c) Engage in disruptive conduct that impedes our personnel from
performing their duties; or
(d) Engage in disruptive conduct that impedes members of the public
from obtaining services from our personnel.

Sec. 422.904 Notice of the ban.

If an agency manager makes a decision in writing that you pose a
threat to the safety of our personnel, visitors, office, or the
operational effectiveness of the agency, we will send you a notice
banning you from our offices. The notice will contain the following
information:
(a) Type of restriction. If we ban you from entering our offices,
the ban will apply to all of our offices, and you must obtain all
future service through alternate means. We will provide you in-person
service only if you establish that there are no alternate means
available. You must direct your request for in-person service to the
manager of the office you are requesting to visit. If we determine that
an office visit is warranted, we will schedule an appointment for you
and send you a certified letter notifying you of the date, time, and
location of the appointment.
(b) Prohibited conduct. We will provide you with specific details
of the prohibited conduct that served as the basis for our decision to
ban you.
(c) Alternate means of service. If you are banned from entering our
offices, you still have several means to receive services:
(1) You may use the online services available through our Web site
at https://www.socialsecurity.gov;
(2) You may call your local office. Your notice will include the
contact information for your local office. You should ask to speak with
the office manager or a supervisor;
(3) You may call our national toll-free number at 1-800-772-1213
between the hours of 7 a.m. and 7 p.m., Monday through Friday. You
should not attempt to schedule an in-person appointment through this
number. If you are deaf or hard of hearing, you may call our toll-free
TTY number at 1-800-325-0778;
(4) You may write to your local office. You should address all
correspondence to the attention of the office manager;
(5) With your written consent, another person may call, write, or
visit us to conduct business on your behalf.
(d) Appeal rights. The notice will provide you with information on
how to appeal the ban.
(e) Periodic request for review of ban decision. The notice will
provide you with information on how to request review of the ban
determination every three years from the date of the ban notice, or if
you appeal the ban, the date of the appeal decision.

Sec. 422.905 Appeal rights.

You may appeal our decision to ban you. You must submit your appeal
in writing to the address identified in the notice within 60 days of
the date of the notice. You should identify your name, address, Social
Security number, and the office that issued the notice of the ban. The
appeal should clearly state why we should reconsider our decision and
provide any supporting documentation. We may allow an additional 10
days for the late filing of an appeal if you show good cause for the
late filing. The ban will remain in effect while the appeal is pending.
We will notify you of our decision in writing.

Sec. 422.906 Periodic request for review of ban decision.

You may request review of our ban decision every three years. The
three-year cycle to request review will begin on the date we issued
notice of the ban, or if you appealed, the date of our appeal decision.
You must submit your request for review of a ban decision in writing to
the address identified in the original notice of the ban. Your request
for review should identify your name, address, Social Security number,
and office that issued the notice of the ban. Your request should
clearly state why we should lift the ban and provide relevant
documentation that supports removal of the restriction, including
medical documentation, applicable psychiatric evaluations, work
history, and any criminal record. You must prove by a preponderance of
the evidence (meaning that it is more likely than not) that you no
longer pose a threat to the safety of our personnel or visitors or the
operational effectiveness of the agency. We will notify you of our
decision in writing.

Sec. 422.907 Posting requirement.

We will post the regulation in this subpart in a conspicuous place
in our offices that serve the public.

[FR Doc. 2011-22492 Filed 9-1-11; 8:45 am]
BILLING CODE 4191-02-P

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