[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49489-49491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20081]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9189-5; EPA-HQ-OEI-2010-0263]
Establishment of a New System of Records for Personal Information
Collected by the Environmental Protection Agency When Certifying
Pesticide Applicators
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency's (EPA) Office of
Pesticide Programs, Field & External Affairs Division, is giving notice
that it proposes to create a new system of records pursuant to the
provisions of the Privacy Act of 1974 (5 U.S.C. 552a). This system of
records contains personal information collected when EPA certifies
persons to apply restricted use pesticides (RUPs).
DATES: Persons wishing to comment on this new system of records notice
must do so by September 22, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2010-0263, by one of the following methods:
http://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: [email protected].
Fax: 202-566-1752.
Mail: OEI Docket, Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2010-0263. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available (e.g., CBI or other information
for which disclosure is restricted by statute). Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OEI Docket is (202) 566-1745.
FOR FURTHER INFORMATION CONTACT: Jenna Carter, Office of Pesticide
Programs, Field & External Affairs Division, U.S. Environmental
Protection Agency, Mail Code 7506P, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number 703-308-8370.
SUPPLEMENTARY INFORMATION:
I. General Information
The U.S. Environmental Protection Agency plans to create a Privacy
Act system of records to document the Agency's decisions on
applications filed requesting certification to apply restricted use
pesticides (RUP) under certification plans administered by EPA regional
offices or the Office of Pesticide Programs. The types of information
in the system include: (1) Contact information (e.g., name, address,
telephone number, e-mail address); (2) identification information
(e.g., birth date, proof of identification (e.g., driver's license
no.)), physical description (e.g., height, weight, gender, race)) (3)
certification information (e.g., EPA certified applicator number,
certification type (private or commercial), certification categories
(e.g., aerial, aquatic, fumigation), certification issuance and
expiration dates, and (4) information regarding qualifications (e.g.,
scores from EPA certification examinations; records of training and
continuing education; state, tribal or other federal agency
certification number(s), types, categories, issuance and expiration
dates; records of compliance with federal, state and tribal pesticide
laws). Some of this information is provided by the pesticide
applicators applying for EPA certification, and some is generated
during the certification process.
The above information will be contained in one or more databases
(such as Lotus Notes) that reside on servers in EPA offices. The
database(s) may be specific to one particular pesticide applicator
certification plan, or may encompass several EPA pesticide applicator
certification plans. Records maintained in the database will include
applications, certifications, Agency decisions and correspondence
related to applicators seeking and maintaining EPA certifications.
Records protected under the Privacy Act are subject to Agency-wide
security requirements governing all database systems at EPA. Privacy is
maintained by limiting access to database systems containing personal
information. Access to any such database system is limited to system
administrators, individuals responsible for evaluating the applications
and issuing the EPA certification, and program personnel responsible
for data entry. Physical access to the area where certifications are
processed is limited to EPA employees with building key cards. Paper
applications are stored in a locked cabinet when not in use. System
administrators will routinely disclose certain personal information
(e.g.,
[[Page 49490]]
names, addresses, EPA certification numbers, categories of
certification) upon request. EPA's Office of Pesticide Programs, Field
& External Affairs Division, will exercise general oversight of the
system of records associated with EPA-administered pesticide applicator
certification plans; databases for particular pesticide applicator
certification plans may be maintained by EPA regional offices and other
divisions of the Office of Pesticide Programs as authorized by the
Field & External Affairs Division.
Dated: July 19, 2010.
Linda A. Travers,
Principal Deputy Assistant Administrator and Deputy Chief Information
Officer.
EPA-59
System Name:
Records of Pesticide Applicators Certified Under EPA-Administered
Certification Plans
System Location:
USEPA, Office of Pesticide Programs, Field & External Affairs
Division, Mail Code 7506P, 1200 Pennsylvania Ave., NW., Washington, DC
20460, and other EPA offices authorized by the Field & External Affairs
Division to maintain portions of the system.
Categories of Individuals Covered by the System:
Persons certified or seeking certification to apply restricted use
pesticides (RUPs) under Certification Plans administered by EPA.
Categories of Records in the System:
(a) Contact information (e.g., name, address, telephone number,
email address).
(b) Identification information (e.g., birth date, proof of
identification (e.g., driver's license no.), physical description
(e.g., height, weight, gender, race)).
(c) Data generated by EPA in the processing of the EPA
certification (e.g., EPA certified applicator number, certification
type (private or commercial), certification categories (e.g., aerial,
aquatic, fumigation), certification issuance and expiration dates).
(d) Information regarding qualifications (e.g., scores from EPA
certification examinations; records of training and continuing
education; state, tribal or other federal agency certification
number(s), types, categories, issuance and expiration dates; records of
compliance with federal, state and tribal pesticide laws).
Authority for Maintenance of the System (Includes Any Revisions or
Amendments):
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section
11(a)(1) provides for the certification of RUP applicators. 40 CFR
171.11 further describes certification procedures including the
completion and submission of certification applications to EPA,
issuance/revocation of certificates, monitoring of certifications, and
applicator recordkeeping requirements.
Purpose(s):
The primary purpose of the system is to track RUP applicator
certifications issued by EPA under pesticide applicator certification
plans, including the initial applications/issuance and any renewals,
denials, or revocations of certifications. Certified applicators are
subject to RUP recordkeeping requirements under FIFRA, section 11 and
40 CFR part 171. The system may also be used to contribute to the
development of inspection targeting schemes to verify compliance with
recordkeeping requirements for RUPs.
Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
RUPs may not be distributed, sold, or made available to persons
other than certified applicators. The system will be used to record the
identity and certification status of pesticide applicators certified by
EPA. Certain personal information contained in the system (e.g., date
of birth, drivers' license numbers) will be protected from general
disclosure under the Privacy Act: however, many of the records will be
subject to general routine uses (http://www.epa.gov/privacy/notice/general.htm), particularly routine uses A, B, C, F, G, H, and K. Such
routine uses will include disclosures to RUP retailers and dealers in
order to verify the status of persons claiming to be certified by EPA,
and to state or tribal officials intending to grant certifications
based upon EPA's prior certification. Information from this system also
may be disclosed for law enforcement purposes to federal, state, and
tribal officials responsible for pesticide enforcement. Disclosure will
assist in determining compliance and non-compliance with Federal,
State, and tribal requirements of certified applicators.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage: Records will be stored using the Agency's
standard database system (e.g., Lotus Notes) and managed by system
administrators and Pesticide Office personnel.
Retrievability: Data will be retrieved by the applicator's
name and certification action (e.g., new, recertification, duplicate).
Safeguards:
--Standard Agency-wide protections for internal databases.
--The access control list is limited to Agency system
administrators, individuals responsible for evaluating applications and
issuing the EPA certifications and program personnel responsible for
data entry. No other EPA personnel have access to the database(s).
Program personnel are trained to protect sensitive and confidential
information submitted under FIFRA. No external access to the system is
provided.
Retention and Disposal: Records stored in this system are
subject to Schedule 090.
System Manager(s) and Address: Jenna Carter, Office of
Pesticide Programs, Field & External Affairs Division, U.S.
Environmental Protection Agency, Mail Code 7506P, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number 703-308-8370.
Notification Procedures:
Requests to determine whether this system of records contains a
record pertaining to you must be sent to the Agency's Freedom of
Information Office. The address is: U.S. Environmental Protection
Agency; 1200 Pennsylvania Ave., NW., Room 6416 West; Washington, DC
20460; (202) 566-1667; E-mail: ([email protected]); Attn: Privacy Act
Officer.
Record Access Procedures:
Persons seeking access to their own personal information in this
system of records will be required to provide adequate identification
(e.g., driver's license, military identification card, employee badge
or identification card) and, if necessary, proof of authority.
Additional identity verification procedures may be required as
warranted. Requests must meet the requirements of EPA regulations at 40
CFR part 16.
Contesting Records Procedures:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out at 40 CFR part 16.
Record Source Categories:
There are three sources of data for records stored in the system:
[[Page 49491]]
(1) State, tribal or other Federal certification data upon which
the EPA certification is based.
(2) Data provided by the requesting applicator at the time of its
request for EPA certification.
(3) Data generated by EPA in the processing of the EPA
certification.
System exempted from certain provisions of the Privacy Act:
None.
[FR Doc. 2010-20081 Filed 8-12-10; 8:45 am]
BILLING CODE 6560-50-P