[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Notices]
[Page 23404-23406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap08-35]
========================================================================
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.
========================================================================
[[Page 23404]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket No. APHIS-2006-0018]
Privacy Act Systems of Records; Wildlife Services Management
Information System
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of a proposed new system of records; request for
comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture proposes to add a system of
records to its inventory of records systems subject to the Privacy Act
of 1974, as amended. The system of records being proposed is the
Wildlife Services Management Information System, USDA-APHIS-9. This
notice is necessary to meet the requirements of the Privacy Act to
publish in the Federal Register notice of the existence and character
of record systems maintained by the agency.
Although the Privacy Act requires only that the portion of the
system that describes the ``routine uses'' of the system be published
for comment, we invite comment on all portions of this notice.
DATES: Effective Date: This system will be adopted without further
notice on June 9, 2008 unless modified to respond to comments received
from the public and published in a subsequent notice.
Comment date: Comments must be received, in writing, on or before
May 30, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/main?main=
DocketDetail&d=APHIS-2006-0018, and follow the instructions for
submitting comments.
Postal Mail/Commercial Delivery: Docket No. APHIS-2006-
0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8,
4700 River Road Unit 118, Riverdale, MD 20737-1238.
Docket: You may view comments we receive at the Federal eRulemaking
Portal (Web address above) or in our reading room. The reading room is
located in room 1141 of the USDA South Building, 14th Street and
Independence Avenue, SW., Washington, DC. Normal reading room hours are
8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure
someone is there to help you, please call (202) 690-2817 before coming.
FOR FURTHER INFORMATION CONTACT: Mr. Robert P. Myers, Staff Officer,
Wildlife Services, APHIS, 4700 River Road Unit 87, Riverdale, MD 20737;
(301) 734-7921.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5
U.S.C. 552a), requires agencies to publish in the Federal Register
notice of new or revised systems of records maintained by the agency. A
system of records is a group of any records under the control of any
agency, from which information is retrieved by the name of an
individual or by some identifying number, symbol, or other identifying
particular assigned to an individual.
The Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture (USDA) is proposing to add a new system of
records, entitled Wildlife Services Management Information System, that
will be used to maintain a record of activities conducted by the agency
pursuant to its mission and responsibilities authorized by the Act of
March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and the Act of
December 22, 1987 (7 U.S.C. 426(c)).
Within this area of responsibility, Wildlife Services (WS) provides
wildlife damage management services to Federal, State, and local
governments, private sector entities within the United States, foreign
partners, and cooperators. Individuals and cooperators may include
farmers, ranchers, livestock dealers (including agents and brokers),
airport employees, condominium associations, homeowners associations,
golf course owners, pest control operators, contract personnel engaged
in program activities, private homeowners, and other individuals.
Wildlife damage management services include services to control
wildlife diseases and invasive species and to protect livestock and
aquaculture. Records of these activities will be maintained in the
Management Information System (MIS) in Riverdale, Maryland; and in
USDA's National Information Technology Center in Kansas City, Missouri,
as well as in hard copy files located in headquarters, State, regional,
and district offices.
The MIS contains personally identifiable information about persons
who acquire wildlife damage management services from APHIS. The
information includes a name, telephone number, mailing address,
physical location address, and, when necessary, the Global Positioning
System (GPS) coordinates. For cooperators for whom WS provides services
on specific wildlife damage projects, an identifying number may be
issued, which may be a Federal tax identification number, an employer
identification number, or, for individual citizens who are the primary
contact in a funded cooperative agreement relationship, a social
security number. In these instances, WS collects social security
numbers or other identifying numbers, such as tax identification
numbers or employer identification numbers, in compliance with the Debt
Collection Improvement Act of 1996 (Pub. L. 104-134). The MIS may also
include information relating to adverse human or animal incidents,
indemnity, agreements, or insurance claims.
Agency procedure requires that WS employees obtain permission to
enter the property of cooperators. Information collected about
cooperators will be used to document authority and license to enter
premises to conduct wildlife damage management activities, pursuant to
requests from cooperators for services to be conducted on their behalf.
In addition, WS will use the information to help evaluate the
effectiveness of program activities.
Also in support of the APHIS mission, WS conducts surveys by
selecting cooperators to provide information about various facets of
program activities related to the services provided. Information
provided by the cooperator during the course of business enables WS to
contact them and request voluntary participation in a survey, as well
as use the information volunteered by the cooperator to make
[[Page 23405]]
determinations about how and when work will be performed, what methods
will be used, what information will be provided to the cooperator about
the methodology, process, frequency, results, and timelines to be used
in program activities, and to assist in developing safety measures and
protocols.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses
APHIS may routinely share data in the MIS system with other
Federal, State, and local regulatory agencies and their employees and
contractors who collaborate with WS in regulating wildlife management
activities or have responsibility for animal or public health, such as
the Centers for Disease Control or the Environmental Protection Agency.
Information may be shared with agencies with which APHIS has
interagency agreements or memoranda of understanding, such as the
Bureau of Land Management or U.S. Fish and Wildlife Service. Other
routine uses of this information include releases related to
investigations pertaining to violations of law or related to
litigation. A complete listing of the routine uses for this system is
included in the accompanying document that is published along with this
notice.
The information collection requests associated with this system
have been approved by Office of Management and Budget (OMB) under the
Paperwork Reduction Act. The collection is named ``Cooperative Wildlife
Damage Management Programs'' and the OMB Control Number is 0579-0335.
Report on New System
A report on the new system of records, 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, U.S. House of Representatives; and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget.
Dated: April 17, 2008.
Edward T. Schafer,
Secretary.
System name:
Wildlife Services Management Information System, USDA-APHIS-9.
Security classification:
None.
System location:
The files for the Wildlife Services Management Information System
are maintained in the offices of Wildlife Services, Riverdale,
Maryland; Wildlife Services Information Technology Support Center, Fort
Collins, Colorado; Federal and State area offices; and Federal regional
offices. The electronic component of the system is housed at the USDA's
National Information Technology Center (NITC) in Kansas City, Missouri.
Categories of individuals covered by the system:
Ranchers, farmers, livestock dealers (including agents and brokers)
handling livestock covered by the program, airport employees,
condominium associations, homeowners associations, golf course owners,
State, Federal, and Tribal Governments, pest control operators,
contract personnel engaged in program activities, private homeowners,
and other individuals.
Categories of records in the system:
The records consist of agreements for services; description of
property; names and addresses of those entering the agreement; contact
information, including names and telephone numbers; property locations
and descriptions, which may include GPS coordinates; and insurance,
appraisals, indemnity, and property damage information.
Purpose(s) of the system:
This system will be used to maintain a record of activities
conducted by the agency pursuant to its mission and responsibilities
for providing services necessary to manage wildlife damage to
agriculture, human health and safety, natural resources, and human
property.
Authority for maintenance of the system:
The Act of March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and
the Act of December 22, 1987 (7 U.S.C. 426(c)).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, records maintained in the system may be
disclosed outside USDA as follows:
(1) To cooperative Federal, State, and local government officials,
employees, or contractors, and other parties engaged to assist in
administering the program. Such contractors and other parties will be
bound by the nondisclosure provisions of the Privacy Act. This routine
use assists the agency in carrying out the program, and thus is
compatible with the purpose for which the records are created and
maintained;
(2) To the appropriate agency, whether Federal, State, local, or
foreign, charged with responsibility of investigating or prosecuting a
violation of law or of enforcing, implementing, or complying with a
statute, rule, regulation, or order issued pursuant thereto, of any
record within this system when information available indicates a
violation or potential violation of law, whether civil, criminal, or
regulatory in nature, and either arising by general statute or
particular program statute, or by rule, regulation, or court order
issued pursuant thereto;
(3) To the Department of Justice when the agency, or any component
thereof, or any employee of the agency in his or her official capacity,
or any employee of the agency in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or the
United States, in litigation, where the agency determines that
litigation is likely to affect the agency or any of its components, is
a party to litigation or has an interest in such litigation, and the
use of such records by the Department of Justice is deemed by the
agency to be relevant and necessary to the litigation; provided,
however, that in each case, the agency determines that disclosure of
the records to the Department of Justice is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected;
(4) For use in a proceeding before a court or adjudicative body
before which the agency is authorized to appear, when the agency, or
any component thereof, or any employee of the agency in his or her
official capacity, or any employee of the agency in his or her
individual capacity where the agency has agreed to represent the
employee, or the United States, where the agency determines that
litigation is likely to affect the agency or any of its components, is
a party to litigation or has an interest in such litigation, and the
agency determines that use of such records is relevant and necessary to
the litigation; provided, however, that in each case, the agency
determines that disclosure of the records to the court is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected;
(5) To appropriate agencies, entities, and persons when the agency
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; the agency
has
[[Page 23406]]
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, a risk of
identity theft or fraud, or a risk of harm to the security or integrity
of this system or other systems or programs (whether maintained by the
agency or another agency or entity) that rely upon the compromised
information; and the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
agency's efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm;
(6) To USDA contractors, partner agency employees or contractors,
or private industry employed to identify patterns, trends, or anomalies
indicative of fraud, waste, or abuse; and
(7) To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Policies for storing, retrieving, accessing, retaining, and
disposing of records in the system are outlined in the Wildlife
Services Information and Data Management Handbook and the APHIS Records
Management Handbook and are summarized below.
Storage:
The MIS records will be maintained in on-line disk storage and the
MIS database. The NITC will provide continuous storage management of
the electronic records. Documents that are executed originals will be
maintained in State or regional Wildlife Services offices.
Retrievability:
Under this system, data may be retrieved and organized by agreement
number, name of cooperator, or agreement holder. Retrieval permissions
for employees who have access to the system are determined by the data
usage role of the employee and are compliant with the APHIS ``least
privilege'' rule.
Safeguards:
Control measures designed to prevent misuse of accessible data
include unique user identification, a password protection protocol, and
limitation of user roles through compartmentalization of allowed
access. Agency implemented cybersecurity measures and firewalls are
built into the application user interface, and monitoring of use of the
MIS for profiles of misuse is possible. The hard copy components of the
system, and computer files, tapes, and disks are kept in a safeguarded
environment with access only by authorized personnel.
Retention and disposal:
Information identifying cooperators is kept in the system as long
as a cooperator retains an active agreement with WS. Federal and State
employee information is kept active in the system as long as the
individual works for WS. Upon termination of employment or lapse of an
active agreement, information is archived by fiscal year for 15 years.
Data elimination procedures are in accordance with National Archives
and Records Administration and existing APHIS policy.
System manager(s) and address:
Director, Information Technology Support Center, Wildlife Services,
USDA/APHIS, NRRC, 2150 Centre Avenue, Building A, Suite 143, Fort
Collins, CO 80526.
Notification procedure:
Any individual may request general information regarding this
system of records or information as to whether the system contains
records pertaining to him/her from the system manager at the address
above. All inquiries pertaining to this system should be in writing,
must name the system of records as set forth in the system notice, and
must contain the individual's name, telephone number, address, and e-
mail address.
Record access procedures:
Any individual may obtain information from a record in the system
that pertains to him or her. Requests for hard copies of records should
be in writing, and the request must contain the requesting individual's
name, address, name of the system of records, timeframe for the records
in question, any other pertinent information to help identify the file,
and a copy of his/her photo identification containing a current address
for verification of identification. All inquiries should be addressed
to the Freedom of Information and Privacy Act Staff, Legislative and
Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-
1232.
Contesting record procedures:
Any individual may contest information contained within a record in
the system that pertains to him/her by submitting a written request to
the system manager at the address above. Include the reason for
contesting the record and the proposed amendment to the information
with supporting documentation to show how the record is inaccurate.
Record source categories:
WS users generate data about the work performed by WS. Other data
is collected by voluntary submission by cooperators.
Exemptions claimed for the system:
None.
[FR Doc. E8-9406 Filed 4-29-08; 8:45 am]
BILLING CODE 3410-34-P