Privacy Act of 1974; Revision of Systems of Records and Proposed New Routine Uses, 70290-70293 [E7-23974]

Agencies

• Office of the Secretary
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70290-70293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23974]


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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