[Federal Register: November 7, 2006 (Volume 71, Number 215)]
[Notices]
[Page 65067-65068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no06-19]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 65067]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket Number FV06-374]
Privacy Act: Notice of Updated System of Records
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of updated System of Records--USDA/AMS--3, entitled
Perishable Agricultural Commodities Act (PACA)--Oracle Database.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, 5 U.S.C. 552a, the United States Department of
Agriculture (USDA), Agricultural Marketing Service (AMS), is giving
notice that it has updated a system of records that is maintained for
the purpose of enforcing the PACA, which AMS administers.
DATES: Effective Date: This notice will be effective without further
notice on December 18, 2006, unless modified by a subsequent notice to
incorporate comments received by the public. Written or electronic
comments must be received by the contact person listed below on or
before December 7, 2006 to be assured consideration.
ADDRESSES: You may submit written or electronic comments to:
(1) PACA System of Records Comments, AMS, F&V Programs, PACA
Branch, 1400 Independence Avenue, SW., Room 2095-S, Stop 0242,
Washington DC 20250-0242.
(2) Fax: 202-690-4413.
(3) E-mail comments to Dexter.Thomas@usda.gov.
(4) Internet: http://www.regulations.gov.
Instructions: All comments will become a matter of public record
and should be identified as PACA System of Records Comments. Comments
will be available for public inspection from AMS at the above address
or over the AMS Web site at: http://www.ams.usda.gov/paca. Web site
questions can be addressed to the PACA Webmaster,
Dexter.Thomas@usda.gov.
FOR FURTHER INFORMATION CONTACT: Lorenzo A. Tribbett, Assistant Branch
Chief, PACA Branch, at 202-720-4180.
SUPPLEMENTARY INFORMATION: The PACA was enacted by Congress in 1930 to
establish a code of fair trading practices covering the marketing of
fresh and frozen fruits and vegetables in interstate or foreign
commerce. It protects growers, shippers, and distributors dealing in
those commodities by prohibiting unfair and fraudulent trade practices.
The law provides a forum for resolving contract disputes and
assessing damages against anyone who fails to meet contractual
obligations. In addition, the PACA prohibits unfair trading practices
in the fruit and vegetable industry and imposes sanctions against
violating firms and firms' principals when violations of the law occur.
The PACA also imposes a statutory trust that attaches to perishable
agricultural commodities received by regulated entities, products
derived from the commodities, and any receivables or proceeds from the
sale of the commodities. The trust exists for the benefit of produce
suppliers, sellers, or agents that have not been paid, and continues
until they have been paid in full.
The PACA is enforced through a licensing system. All commission
merchants, dealers, and brokers engaged in business subject to the PACA
must be licensed. Those who engage in practices prohibited by the PACA
may have their licenses suspended or revoked. Licensees must report
principals, stockholders, home addresses, and business locations to
allow for proper notification in the event of a commercial dispute.
Sections 3 and 4 of the PACA (7 U.S.C 499c and 499d) and Sections 46.3
through 46.13 of the PACA regulations (7 CFR 46.3-46.13) establish the
requirement for licensing and the type of information that must be
reported.
The information collected and maintained in the PACA system of
records is used to administer licensing provisions under the PACA, to
adjudicate contract disputes, and to enforce the PACA and the PACA
regulations. In accordance with Office of Management and Budget
regulations (5 CFR part 1320) that implement the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35), the information collected and
maintained by the PACA system of records was approved on October 5,
2004, and will expire on October 31, 2007.
This system maintains a database of PACA licensees, including
personal and business information from individuals and entities
licensed under the PACA to do business in the fruit and vegetable
industry. The following information is contained in the system: Name,
home address, Social Security number (SSN), and employer identification
number.
In addition to the above information, this system tracks dates when
licenses are due for renewal and automatically generates a renewal
application, and if necessary, a reinstatement or termination notice of
those licenses. Functions of this database include:
1. Adding a new customer to the database;
2. Editing or updating customer information;
3. Contacting a business about its need for a license;
4. Issuing a license;
5. Tracking of license fees;
6. Maintaining information on PACA reparation complaints;
7. Tracking violators;
8. Maintaining bankruptcy information;
9. Tracking surety bonds;
10. Tracking of complaint fees; and
11. Updating a customer's license status if the customer is found
liable in a reparation complaint proceeding.
There is an inbuilt Query module that allows the user to query
customers, its principals, and complaint information.
In addition to entering, tracking, and querying information, the
user has the ability to print out a large number of documents,
including items such as correspondence and complaint reports.
Development of this system also included database backup and recovery
and Internet security (Web-based application).
A ``Report on an Updated System,'' required by 5 U.S.C. 552a(r), as
implemented by OMB Circular A-130, was sent to the Chairman, Senate
Committee on Homeland Security and Governmental Affairs; the Chairman,
House Committee on Government Reform; and the Acting Administrator,
Office of Information and Regulatory
[[Page 65068]]
Affairs, of the Office of Management and Budget.
Dated: November 1, 2006.
Mike Johanns,
Secretary.
USDA/AMS-3
SYSTEM NAME:
Perishable Agricultural Commodities Act (PACA)--Oracle Database.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
This system of records is under the control of the Deputy
Administrator, Fruit and Vegetable Programs, Agricultural Marketing
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW.,
Washington, DC 20250. The data are maintained in the Fruit and
Vegetable Program's PACA Branch Oracle Database computer system.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The information in the system includes individuals' names, home
addresses, Social Security numbers, employer identification numbers,
license fees, surety bonds, and percentages of ownership that
individuals may have in a company.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
7 U.S.C. et seq.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The information collected and maintained in the PACA system of
records is used to administer licensing provisions under the PACA, to
adjudicate contract disputes, and to enforce the PACA and PACA
regulations.
This information may be used as follows:
1. Referral to the appropriate agency, whether Federal, State,
local, or foreign, charged with the responsibility of investigating or
prosecuting a violation of law, or enforcing or implementing the
statute, rule, regulation or order issued pursuant thereto, or any
record within this system when available information indicates a
violation or potential violation of law, whether civil, criminal, or
regulatory in nature, and whether arising by general statute or
particular program statute, or by rule, regulation, or order issued
pursuant thereto.
2. Referral to a court, magistrate, or administrative tribunal, or
to opposing counsel in a proceeding before any of the above, or any
record with the system which constitutes evidence in that proceeding,
or which is sought in the course of discovery.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in the system on a file server and in file
folders in secure rooms at USDA. A backup of the entire database system
is performed nightly and saved as an encrypted Oracle file on the
server. A copy of the entire Oracle database file is transferred
periodically to a secure offsite location, and also backed up nightly.
RETRIEVABLITY:
Records are retrievable by PACA license number, individual name,
company name, and Social Security number.
SAFEGUARDS:
Access to records is limited to persons who process the records for
the specific routine uses stated above. Records in such formats as
those used for computer servers are kept in physically secured rooms.
Various methods of computer security limit access to records in the
database. Paper records are stored and maintained in file cabinets that
are kept in physically secured rooms.
RETENTION AND DISPOSAL:
Records are maintained and destroyed in accordance with retention
schedule number NN 165-106, approved by the 89th Congress, First
Session, on April 1, 1965.
SYSTEM MANAGER(S) AND ADDRESS:
Branch Chief, PACA Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Avenue, SW., 2095 South Building, Washington, DC 20250.
NOTIFICATION PROCEDURE:
Individuals may request from the system manager identified above
information regarding this system of records and/or information on
whether the system contains records pertaining to them. Any individual
requesting such information must provide his or her name, address, and
Social Security number.
RECORD ACCESS PROCEDURE:
Individuals may obtain information about records in the system
pertaining to them by submitting a written request to the system
manager listed above. The envelope and letter should be marked
``Privacy Act Request'' and should include the name, address, and
Social Security number of the individual for which the request is made.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their requests to the system manager listed
above, state the reason(s) for contesting the information, and provide
all available documentation to support the requested action.
RECORD SOURCE CATEGORIES:
Information in this system is provided by the entities submitting
applications for licenses under the Perishable Agricultural Commodities
Act, 1930, as amended. Personal information in this system is also
obtained from the owners and officers of such entities as reported on
the applications for license.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E6-18699 Filed 11-6-06; 8:45 am]
BILLING CODE 3410-02-P