[Federal Register: December 11, 2007 (Volume 72, Number 237)]
[Notices]
[Page 70290-70293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de07-24]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act of 1974; Revision of Systems of Records and Proposed
New Routine Uses
AGENCY: Department of Agriculture (USDA).
ACTION: Notice of revisions to Privacy Act Systems of Records.
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SUMMARY: Pursuant to the Privacy Act (5 U.S.C. 552a), the United States
Department of Agriculture (USDA) gives notice that it proposes to amend
five Privacy Act Systems of Records maintained by the Risk Management
Agency (RMA).
EFFECTIVE DATE: The revised systems notices and the proposed routine
uses will become effective 40 days after publication, unless modified
by a subsequent notice to incorporate public comments. Comments on this
notice must be received on or before January 10, 2008 to be assured
consideration.
FOR FURTHER INFORMATION CONTACT: Pam Bollinger, Chief, Underwriting
Standards Branch, Risk Management Agency, Federal Crop Insurance
Corporation, 6501 Beacon Drive, Stop 0812, Kansas City, MO 64133-4676,
telephone (816) 926-7176, electronic mail pam.bollinger@usda.gov.
SUPPLEMENTARY INFORMATION: USDA and RMA propose to amend the five
Privacy Act Systems of Records listed below to add a single new routine
use to each:
(1) USDA/FCIC-2, Compliance Review Cases, which was last published
in full at 67 FR 68559, on November 12, 2002;
(2) USDA/FCIC-8, List of Ineligible Producers, which was last
published in full at 72 FR 523, on January 5, 2007;
(3) USDA/FCIC-9, Agent, which was last published in full at 68 FR
55362, on September 25, 2003;
(4) USDA/FCIC-10, Policyholder, which was last published in full at
67 FR 68086, on November 8, 2002; and
(5) USDA/FCIC-11, Loss Adjuster, which was last published in full
at 68 FR 15426, on March 31, 2003.
The Risk Management Agency, a component of USDA that administers
programs of the Federal Crop Insurance Corporation (FCIC), a wholly-
owned Government Corporation, maintains these systems. Each of the
systems listed is being revised to add two additional new routine uses.
The first new routine use permits disclosure of certain electronic
records which have been incorporated in electronic format into this
system through the Comprehensive Information Management System (CIMS)
in accordance with the Farm Security and Rural Investment Act of 2002,
section 10706.
CIMS is a system of computer programs and databases, physically
located in Kansas City, Missouri, that is jointly maintained by the
Farm Service Agency (FSA) and RMA utilizing the services of an
information technology contractor. CIMS contains producer, program, and
land information from FSA, RMA, and approved insurance providers
(AIPs), as defined in section 502(b) of the Federal Crop Insurance Act
(7 U.S.C. 1502(b)). CIMS acts as a repository of data and also
combines, reconciles, defines, translates, and formats data in such a
manner so it can be used by entities that have authorized access to
CIMS.
CIMS will be used to help RMA and FSA administer their programs by
allowing the agencies to discover and correct errors in reporting and
assist the producers in providing consistent information to FSA, RMA,
and AIPs.
The electronic information collected in CIMS will be disclosed to
FSA and AIPs under contract with RMA and further disclosed to the AIP's
insurance agents and loss adjusters. The electronic information may
also be disclosed to any contractor engaged in the development or
maintenance of CIMS. Such disclosures are necessary to administer and
enforce requirements of the Federal crop insurance programs, an
integral part of the USDA farm program system. To ensure that AIPs, and
their insurance agents and loss adjusters, are only receiving
information related to their specific insureds, all requests for
information provided through CIMS will be automatically validated by
CIMS software. Validation is accomplished by checking producer
information provided directly to CIMS by data requestors against an
RMA-maintained database of accepted policies incorporated into CIMS.
AIPs will be required to sign a non-disclosure statement before
accessing CIMS to preclude them from using the information for an
unauthorized purpose or releasing the information to an unauthorized
person or the public.
FSA and any contractor engaged in the development or maintenance of
CIMS will have access to all RMA data incorporated into CIMS. RMA data
in CIMS will only be disclosed to the AIPs, their insurance agents and
loss adjusters, for information associated with their insured producers
and only with regard to such producers' farming operations contained in
counties covered by their policies. The RMA data disclosed through
access to CIMS data consist of: (1) Standardized records containing
identifying information on entities such as the name, address, tax
identification number (social security number or employer
identification number) and entity type; (2) the name, address, and tax
identification number of individuals having a substantial beneficial
interest in an ineligible individual or legal entity; and (3)
information related to ineligibility such as date and cause of
ineligibility, date of notification letter, and current status.
RMA may also be releasing FSA data through CIMS to contractors, the
AIPs, their insurance agents and loss adjusters, for information
associated with their insured producers and only with regard to such
producers' farming operations contained in counties covered by their
policies. The FSA data
[[Page 70291]]
provided by CIMS will include: (1) Electronic Producer and Member
Entity Information, including a common producer name, address, tax
identifier, identity type, and entity file; (2) current and prior crop
year electronic report acreage information reported to FSA by
producers, and acreage determined by FSA, as applicable, and farm and
producer identifiers; (3) electronic production data/information used
by both FSA and RMA to establish program benefits; (4) The farm/tract/
field numbers associated with the common land units (CLUs) through the
unique CLU identifier. A CLU is an electronic representation of the
boundaries of a piece of land, represented in latitudes and longitudes.
It is the smallest unit of land that has a permanent, contiguous
boundary; common land cover and land management; common owner; and
common producer association; and (5) digital imagery and geospatial
data layer containing common land unit boundaries, calculated acres,
State and county codes, and unique identifier, calculated acres and
State and county codes for States the AIPs have contracted with RMA to
sell crop insurance.
USDA is adding the second new routine pursuant to instruction from
the Office of Management and Budget, in its May 22, 2007, Memorandum
for the Heads of Executive Departments and Agencies, M-07-16, on the
subject of Safeguarding Against and Responding to the Breach of
Personally Identifiable Information. This second new routine use will
permit release of information to described types of persons and
entities for the purpose of remediation of a breach of confidentiality.
A ``Report on New System,'' required by 5 U.S.C. 552a (r) as
implemented by the Office of Management and Budget Circular A-130, was
sent to the Chairman, Committee on Homeland Security and Governmental
Affairs, United States Senate; the Chairman, Committee on Oversight and
Government Reform, House of Representatives; and the Administrator,
Office of Information and Regulatory Affairs, Office of Management and
Budget.
Dated: December 3, 2007.
Charles F. Conner,
Acting Secretary.
USDA/FCIC-2
System Name: Compliance Review Cases, USDA/FCIC-2.
* * * * *
Routine uses of records maintained in the system including categories
of uses and the purposes of such uses:
(8) Disclosure to the Comprehensive Information Management System
(CIMS) authorized under the Farm Security and Rural Investment Act of
2002, Section 10706. All information disclosed to CIMS may be further
disclosed to any contractor engaged in the development or maintenance
of CIMS and to the Farm Service Agency (FSA) and approved insurance
providers as necessary to carry out the tasks referred to in routine
uses (6) and (7). Such disclosure may include not only the RMA
information contained in this system of records, it may also include
FSA data provided to CIMS, which includes: (1) Electronic Producer and
Member Entity Information, including a common producer name, address,
tax identifier, identity type, and entity file; (2) current and prior
crop year electronic report acreage information reported to FSA by
producers, and acreage determined by FSA, as applicable, and farm and
producer identifiers; (3) electronic production data/information used
by both FSA and RMA to establish program benefits; (4) The farm/tract/
field numbers associated with the common land units (CLUs) through the
unique CLU identifier--(A CLU is an electronic representation of the
boundaries of a piece of land, demarcated in latitudes and longitudes.
It is the smallest unit of land that has a permanent, contiguous
boundary; common land cover and land management; common owner; and
common producer association); and (5) digital imagery and geospatial
data layer containing common land unit boundaries, calculated acres,
State and county codes, and unique identifier, calculated acres and
State and county codes for States the approved insurance providers have
contracted with RMA to sell crop insurance.
(9) To appropriate agencies, entities, and persons when (1) USDA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
* * * * *
USDA/FCIC-8
System Name: USDA/FCIC-8, List of Ineligible Producers:
* * * * *
Routine uses of records maintained in the system including categories
of uses and the purposes of such uses:
(10) Disclosure to the Comprehensive Information Management System
(CIMS) authorized under the Farm Security and Rural Investment Act of
2002, Section 10706. All information disclosed to CIMS may be further
disclosed to the Farm Service Agency (FSA) and any contractor engaged
in the development or maintenance of CIMS and to approved insurance
providers, their insurance agents and loss adjusters, for information
associated with their insured producers and only with regard to such
producers' farming operations contained in counties covered by their
policies. Such disclosure would include not only the RMA information
contained in this system of records, it may also include FSA data
provided to CIMS, which includes: (1) Electronic Producer and Member
Entity information, including a common producer name, address, tax
identifier, identity type, and entity file; (2) current and prior crop
year electronic report acreage information reported to FSA by
producers, and acreage determined by FSA, as applicable, and farm and
producer identifiers: (3) Electronic production data/information used
by both FSA and RMA to establish program benefits; (4) The farm/tract/
field numbers associated with the common land units (CLUs) through the
unique CLU identifier--(A CLU is an electronic representation of the
boundaries of a piece of land, demarcated in latitudes and longitudes.
It is the smallest unit of land that has a permanent, contiguous
boundary; common land cover and land management; common owner; and
common producer association); and (5) digital imagery and geospatial
data layer containing common land unit boundaries, calculated acres,
State and county codes, and unique identifier, calculated acres and
State and county codes for States the approved insurance providers have
contracted with RMA to sell crop insurance.
(11) To appropriate agencies, entities, and persons when (1) USDA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been
[[Page 70292]]
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
* * * * *
USDA/FCIC-9
System Name: Agent, USDA/FCIC-9:
* * * * *
Routine uses of records maintained in the system including categories
of uses and the purposes of such uses:
* * * * *
(10) Disclosure to the Comprehensive Information Management System
(CIMS) authorized under the Farm Security and Rural Investment Act of
2002, Section 10706. All information disclosed to CIMS may be further
disclosed to any contractor engaged in the development or maintenance
of CIMS and to the Farm Service Agency (FSA) and approved insurance
providers the agent contact information (name, address, telephone
number, e-mail address) with respect to particular producers, and
access to all agent data to approved insurance providers with respect
to the agents employed or contracted by the approved insurance provider
and the policies insured by the approved insurance provider. Such
disclosure may include not only the RMA information contained in this
system of records, it may also include FSA data provided to CIMS, which
includes: (1) Electronic Producer and Member Entity information,
including a common producer name, address, tax identifier, identity
type, and entity file: (2) Current and prior crop year electronic
report, acreage, information reported to FSA by producers, and acreage
determined by FSA, as applicable, and farm and producer identifiers:
(3) Electronic production data/information used by both FSA and RMA to
establish program benefits; (4) The farm/tract/field numbers associated
with the common land units (CLUs) through the unique CLU identifier--(A
CLU is an electronic representation of the boundaries of a piece of
land, represented in latitudes and longitudes. It is the smallest unit
of land that has a permanent, contiguous boundary; common land cover
and land management; common owner; and common producer association);
and (5) digital imagery and geospatial data layer containing common
land unit boundaries, calculated acres, State and county codes, and
unique identifier, calculated acres and State and county codes for
States the approved insurance providers have contracted with RMA to
sell crop insurance.
(11) To appropriate agencies, entities, and persons when (1) USDA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
* * * * *
USDA/FCIC-10
System Name: Policyholder, USDA/FCIC-10:
* * * * *
Routine uses of records maintained in the system including categories
of uses and the purposes of such uses:
(8) Disclosure to the Comprehensive Information Management System
(CIMS) authorized under the Farm Security and Rural Investment Act of
2002, Section 10706. All information disclosed to CIMS may be further
disclosed to any contractor engaged in the development or maintenance
of CIMS, to the Farm Service Agency (FSA) and to approved insurance
providers, their insurance agents and loss adjusters, for information
associated with their insured producers and only with regard to such
producers' farming operations contained in counties covered by their
policies. Such disclosure would include not only the RMA information
contained in this system of records, it may also include FSA data
provided to CIMS, which includes: (1) Electronic Producer and Member
Entity Information, including a common producer name, address, tax
identifier, identity type, and entity file; (2) current and prior crop
year electronic report acreage information reported to FSA by
producers, and acreage determined by FSA, as applicable, and farm and
producer identifiers; (3) electronic production data/information used
by both FSA and RMA to establish program benefits; (4) The farm/tract/
field numbers associated with the common land units (CLUs) through the
unique CLU identifier--(A CLU is an electronic representation of the
boundaries of a piece of land, represented in latitudes and longitudes.
It is the smallest unit of land that has a permanent, contiguous
boundary; common land cover and land management; common owner; and
common producer association); and (5) digital imagery and geospatial
data layer containing common land unit boundaries, calculated acres,
State and county codes, and unique identifier, calculated acres and
State and county codes for States the approved insurance providers have
contracted with RMA to sell crop insurance.
(9) To appropriate agencies, entities, and persons when (1) USDA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
* * * * *
USDA/FCIC-11
System Name: Loss Adjuster:
* * * * *
Routine uses of records maintained in the system including categories
of uses and the purposes of such uses:
(8) Disclosure to the Comprehensive Information Management System
(CIMS) authorized under the Farm Security and Rural Investment Act of
2002, Section 10706. All information disclosed to CIMS may be further
disclosed to any contractor engaged in the development or maintenance
of CIMS, the Farm Service Agency (FSA), or to approved insurance
providers.
[[Page 70293]]
Disclosed information may include loss adjuster contact information
(name, address, telephone number, e-mail address) with respect to
particular producers. In addition, all loss adjuster data may be
disclosed to the approved insurance provider that has employed or
contracted with the particular loss adjuster with respect to the claims
insured by the approved insurance provider. Such disclosure would
include not only the RMA information contained in this system of
records, it may also include FSA data provided to CIMS, which includes:
(1) Electronic Producer and Member Entity Information, including a
common producer name, address, tax identifier, identity type, and
entity file; (2) current and prior crop year electronic report acreage
information reported to FSA by producers, and acreage determined by
FSA, as applicable, and farm and producer identifiers; (3) electronic
production data/information used by both FSA and RMA to establish
program benefits; (4) The farm/tract/field numbers associated with the
common land units (CLUs) through the unique CLU identifier--(A CLU is
an electronic representation of the boundaries of a piece of land,
represented in latitudes and longitudes. It is the smallest unit of
land that has a permanent, contiguous boundary; common land cover and
land management; common owner; and common producer association); and
(5) digital imagery and geospatial data layer containing common land
unit boundaries, calculated acres, State and county codes, and unique
identifier, calculated acres and State and county codes for States the
approved insurance providers have contracted with RMA to sell crop
insurance.
(9) To appropriate agencies, entities, and persons when (1) USDA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
* * * * *
[FR Doc. E7-23974 Filed 12-10-07; 8:45 am]
BILLING CODE 3410-05-P