Anti-Harassment and Hostile Work Environment Case Tracking and Records System, 16509-16510 [2017-06719]

Download as PDF 16509 Rules and Regulations Federal Register Vol. 82, No. 64 Wednesday, April 5, 2017 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. SOCIAL SECURITY ADMINISTRATION 20 CFR Part 401 [Docket No. SSA–2015–0014] RIN 0960–AH82 Anti-Harassment and Hostile Work Environment Case Tracking and Records System Social Security Administration. Final rule. AGENCY: ACTION: The Social Security Administration (SSA) is issuing a final rule to amend its Privacy Act regulation exempting portions of a system of records from certain provisions of the Privacy Act of 1974, entitled AntiHarassment & Hostile Work Environment Case Tracking and Records System. Because this system will contain some investigatory material compiled for law enforcement purposes, this rule will exempt those records within this new system of records from specific provisions of the Privacy Act. DATES: This final rule is effective on April 5, 2017. FOR FURTHER INFORMATION CONTACT: Pamela J. Carcirieri, Supervisory Government Information Specialist, SSA, Office of Privacy & Disclosure, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, Phone: (410) 965–0355, for information about this rule. For information on eligibility or filing for benefits, call our national tollfree number, 1–800–772–1213 or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: SUMMARY: sradovich on DSK3GMQ082PROD with RULES Background We published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on December 2, 2016 (81 FR 86979). In accordance with the Privacy Act (5 U.S.C. 552a) we also issued a public notice of our intent to establish a new VerDate Sep<11>2014 16:35 Apr 04, 2017 Jkt 241001 system of records entitled, AntiHarassment & Hostile Work Environment Case Tracking and Records System (Anti-Harassment System) (60– 0380). (81 FR 87119). In order to exercise reasonable care to prevent and correct promptly any harassment, agencies must implement antiharassment policies and procedures separate from the Equal Employment Opportunity process. Consequently, we are establishing the Anti-Harassment system to manage information regarding allegations of workplace harassment filed by SSA employees and SSA contractors alleging harassment by another SSA employee, as well as allegations of workplace harassment filed by SSA employees alleging harassment by an SSA contractor. We are establishing the AntiHarassment system as part of our compliance efforts under Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990 (ADA); the ADA Amendments Act of 2008; the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act); and the Genetic Information Nondiscrimination Act of 2008 (GINA); and Executive Orders 11478, 11246, 13152, and 13087. These legal authorities prohibit discrimination, including harassment, based on sex, race, color, religion, national origin, age, disability, genetic information, or other protected basis. The Anti-Harassment System will capture and house information regarding allegations of workplace harassment filed by SSA employees and SSA contractors alleging harassment by another SSA employee and any investigation, or response, we take because of the allegation. Due to the investigatory nature of information that will be maintained in this system of records, this rule adds the AntiHarassment System to the list of SSA systems that are exempt from specific provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). was not within the subject matter of the proposed rule. Public Comments These rules do not create any new or affect any existing collections and, therefore, do not require Office of Management and Budget approval under the Paperwork Reduction Act. We provided 30 days for the public to comment on the NPRM. The comment period ran from December 2, 2016 through January 3, 2016. We received one comment, but did not publish it as part of the regulatory record because it PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Regulatory Procedures Executive Order 12866, as Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, OMB did not review it. We also determined that this final rule meets the plain language requirement of Executive Order 12866. Executive Order 13132 (Federalism) This final rule was analyzed in accordance with the principles and criteria established by Executive Order 13132, and SSA determined that the rule will not have sufficient Federalism implications to warrant the preparation of a Federalism assessment. SSA also determined that this final rule will not preempt any State law or State regulation or affect the States’ abilities to discharge traditional State governmental functions. Executive Order 12372 (Intergovernmental Review) The regulations effectuating Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this 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 it affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. Paperwork Reduction Act E:\FR\FM\05APR1.SGM 05APR1 16510 Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules and Regulations List of Subjects in 20 CFR Part 401 Privacy and disclosure of official records and information. Nancy Berryhill, Acting Commissioner of Social Security. For the reasons stated in the preamble, we are amending subpart B of part 401 of title 20 of the Code of Federal Regulations as set forth below: PART 401—PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION Subpart B—[Amended]. 1. The authority citation for subpart B of 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. 2. Amend § 401.85 by adding paragraph (b)(2)(ii)(F) to read as follows: ■ § 401.85 Exempt systems. * * * * * (b) * * * (2) * * * (ii) * * * (F) Anti-Harassment & Hostile Work Environment Case Tracking and Records System, SSA. * * * * * [FR Doc. 2017–06719 Filed 4–4–17; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2015–0854] Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the National Cherry Blossom Festival fireworks display taking place over the Washington Channel, Washington, DC, on April 15, 2017. The safety zone will include all waters within a 100 yard radius of the fireworks barge in approximate position latitude 38°52′43.67″ N., longitude 077°01′28.39″ W. This date and location is a change to those listed for the annually scheduled event, as indicated sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:35 Apr 04, 2017 Jkt 241001 in U.S. Coast Guard regulations, because the event sponsor changed the scheduled date and location of this annual fireworks display. During the enforcement period, vessels may not enter, remain in, or transit through the safety zone unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. This action is necessary to ensure safety of life on navigable waters during the event. DATES: The regulations in 33 CFR 165.506, listed as event (b.) 1, Washington Channel, Upper Potomac River, Washington, DC; Safety Zone, in the table to 33 CFR 165.506 will be enforced from 7:30 p.m. to 9:30 p.m. on April 15, 2017; and in the case of inclement weather enforcement will be from 7:30 p.m. to 9:30 p.m. on April 16, 2017. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National Capital Region (WWM Division); telephone 410–576– 2674, email Ronald.L.Houck@uscg.mil. SUPPLEMENTARY INFORMATION: On February 22, 2017, and March 8, 2017, the Coast Guard was notified by the National Cherry Blossom Festival firework display sponsor that a change of date and location was necessary to those previously listed for the annually scheduled event, as indicated in 33 CFR 165.506. The location of the annual fireworks display is changed to approximately 550 yards upstream and its size is reduced, to include all waters of the Washington Channel within 100 yards radius of the fireworks barge in approximate position latitude 38°52′43.67″ N., longitude 077°01′28.39″ W., located in Washington, DC. The Coast Guard will enforce the safety zone in 33 CFR 165.506 from 7:30 p.m. until 9:30 p.m. on April 15, 2017, for the National Cherry Blossom Festival fireworks display. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for Recurring Marine Events and Fireworks Displays within the Fifth Coast Guard District, § 165.506, specifies the location of the regulated area for this safety zone as a circular shaped area that includes all waters of the Upper Potomac River, within 170 yard radius of the fireworks barge in approximate position latitude 38°52′20.3″ N., longitude 077°01′17.5″ W., located within the Washington Channel, at Washington Harbor, DC. As specified in § 165.506(d), during the enforcement period, vessels may not enter, remain in, or transit through the PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 safety zone unless authorized by the Coast Guard Captain of the Port (COTP) or designated Coast Guard patrol personnel on scene. All persons and vessels shall comply with the instructions of the COTP, Coast Guard Patrol Commander or the designated onscene-patrol personnel. Other Federal, State and local agencies may assist these personnel in the enforcement of the safety zone. If the COTP or his designated on-scene patrol personnel determines the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. This notice of enforcement is issued under authority of 33 CFR 165.506(d) and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: March 30, 2017. Lonnie P. Harrison, Jr., Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2017–06696 Filed 4–4–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 167 [USCG–2011–0351] Port Access Route Study: The Atlantic Coast From Maine to Florida Coast Guard, DHS. Notification. AGENCY: ACTION: The Coast Guard published a document on March 14, 2016, that announced the availability of the final report issued by the Atlantic Coast Port Access Route Study (ACPARS) workgroup. In addition, the Coast Guard requested comments concerning the final report. After a review of the comments received, the Coast Guard has determined that it is not necessary to revise the final report, and therefore considers it to be complete as published. SUMMARY: DATES: April 5, 2017. If you have questions on this notification, contact George Detweiler, Coast Guard, telephone (202) 372–1566 or email George.H.Detweiler@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: E:\FR\FM\05APR1.SGM 05APR1

Agencies

[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Rules and Regulations]
[Pages 16509-16510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06719]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Rules 
and Regulations

[[Page 16509]]



SOCIAL SECURITY ADMINISTRATION

20 CFR Part 401

[Docket No. SSA-2015-0014]
RIN 0960-AH82


Anti-Harassment and Hostile Work Environment Case Tracking and 
Records System

AGENCY: Social Security Administration.

ACTION: Final rule.

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

SUMMARY: The Social Security Administration (SSA) is issuing a final 
rule to amend its Privacy Act regulation exempting portions of a system 
of records from certain provisions of the Privacy Act of 1974, entitled 
Anti-Harassment & Hostile Work Environment Case Tracking and Records 
System. Because this system will contain some investigatory material 
compiled for law enforcement purposes, this rule will exempt those 
records within this new system of records from specific provisions of 
the Privacy Act.

DATES: This final rule is effective on April 5, 2017.

FOR FURTHER INFORMATION CONTACT: Pamela J. Carcirieri, Supervisory 
Government Information Specialist, SSA, Office of Privacy & Disclosure, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401, Phone: (410) 
965-0355, for information about this rule. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, 
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Background

    We published a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register on December 2, 2016 (81 FR 86979).
    In accordance with the Privacy Act (5 U.S.C. 552a) we also issued a 
public notice of our intent to establish a new system of records 
entitled, Anti-Harassment & Hostile Work Environment Case Tracking and 
Records System (Anti-Harassment System) (60-0380). (81 FR 87119). In 
order to exercise reasonable care to prevent and correct promptly any 
harassment, agencies must implement anti-harassment policies and 
procedures separate from the Equal Employment Opportunity process. 
Consequently, we are establishing the Anti-Harassment system to manage 
information regarding allegations of workplace harassment filed by SSA 
employees and SSA contractors alleging harassment by another SSA 
employee, as well as allegations of workplace harassment filed by SSA 
employees alleging harassment by an SSA contractor.
    We are establishing the Anti-Harassment system as part of our 
compliance efforts under Title VII of the Civil Rights Act of 1964; the 
Age Discrimination in Employment Act of 1967; the Americans with 
Disabilities Act of 1990 (ADA); the ADA Amendments Act of 2008; the 
Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (No FEAR Act); and the Genetic Information 
Nondiscrimination Act of 2008 (GINA); and Executive Orders 11478, 
11246, 13152, and 13087. These legal authorities prohibit 
discrimination, including harassment, based on sex, race, color, 
religion, national origin, age, disability, genetic information, or 
other protected basis.
    The Anti-Harassment System will capture and house information 
regarding allegations of workplace harassment filed by SSA employees 
and SSA contractors alleging harassment by another SSA employee and any 
investigation, or response, we take because of the allegation. Due to 
the investigatory nature of information that will be maintained in this 
system of records, this rule adds the Anti-Harassment System to the 
list of SSA systems that are exempt from specific provisions of the 
Privacy Act pursuant to 5 U.S.C. 552a(k)(2).

Public Comments

    We provided 30 days for the public to comment on the NPRM. The 
comment period ran from December 2, 2016 through January 3, 2016. We 
received one comment, but did not publish it as part of the regulatory 
record because it was not within the subject matter of the proposed 
rule.

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 
it.
    We also determined that this final rule meets the plain language 
requirement of Executive Order 12866.

Executive Order 13132 (Federalism)

    This final rule was analyzed in accordance with the principles and 
criteria established by Executive Order 13132, and SSA determined that 
the rule will not have sufficient Federalism implications to warrant 
the preparation of a Federalism assessment. SSA also determined that 
this final rule will not preempt any State law or State regulation or 
affect the States' abilities to discharge traditional State 
governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations effectuating Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this 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 it 
affects individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Paperwork Reduction Act

    These rules do not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

[[Page 16510]]

List of Subjects in 20 CFR Part 401

    Privacy and disclosure of official records and information.

Nancy Berryhill,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we are amending subpart B 
of part 401 of title 20 of the Code of Federal Regulations as set forth 
below:

PART 401--PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND 
INFORMATION

Subpart B--[Amended].

0
1. The authority citation for subpart B of part 401 continues to read 
as follows:

    Authority:  Secs. 205, 702(a)(5), 1106, and 1141 of the Social 
Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 
U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.


0
2. Amend Sec.  401.85 by adding paragraph (b)(2)(ii)(F) to read as 
follows:


Sec.  401.85  Exempt systems.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (F) Anti-Harassment & Hostile Work Environment Case Tracking and 
Records System, SSA.
* * * * *
[FR Doc. 2017-06719 Filed 4-4-17; 8:45 am]
 BILLING CODE 4191-02-P