Privacy Act of 1974; Revision of System of Records and Proposed New Routine Uses, 70559-70564 [E7-24056]

Download as PDF 70559 Notices Federal Register Vol. 72, No. 238 Wednesday, December 12, 2007 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. AGENCY FOR INTERNATIONAL DEVELOPMENT Privacy Act of 1974; System of Records United States Agency for International Development. ACTION: Notice of proposed general routine use. AGENCY: SUMMARY: The United States Agency for International Development (USAID) is providing notice to alter each of its system of records by adding a new general routine use subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a). The new general routine use will permit disclosure of USAID records protected by the Privacy Act when reasonably necessary to respond, prevent, minimize or remedy harm that may result from an agency data breach. This notice complies with subsection (e)(11) of the Privacy Act (5 U.S.C. 552a), which requires agencies to publish advance notice of any new routine use of information in a system of records. DATES: Written comments must be received on or before December 12, 2007. The proposed general routine use will be effective January 11, 2008 unless the Agency receives comments which would result in a contrary determination. You may submit comments to: E-mail: privacy@usaid.gov. Mail: Philip M. Heneghan, Chief Privacy Officer, United States Agency for International Development, 1300 Pennsylvania Avenue, NW., Office 2.12–003, Washington, DC 20523–2120. FOR FURTHER INFORMATION CONTACT: For general questions regarding this notice, please contact: Rhonda L. Turnbow, Deputy Chief Privacy Officer, United States Agency for International Development, 1300 Pennsylvania Avenue, NW., Office 7.6–06A, mstockstill on PROD1PC66 with NOTICES ADDRESSES: VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 Washington, DC 20523–2120 or by email: privacy@usaid.gov. Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a) notice is hereby given that USAID proposes to modify all of its Privacy Act system of records to include a new general routine use permitting disclosure to appropriate persons and entities for purposes of response and remedial efforts in the event of a breach or compromise of data contained in a system of records. USAID is publishing notice of this new general routine use and giving the public a 30 day period to comment before adopting it as final. The purpose and intent of publishing the routine use is to give individuals full and fair notice of the extent of potential disclosures, consistent with the Privacy Act’s requirement that individuals be made aware of how their records may be disclosed. USAID is following recommendations from the Office of Management and Budget (OMB) memorandum M–07–16 ‘‘Safeguarding Against and Responding to the Breach of Personally Identifiable Information’’ and the President’s Identity Theft Task Force’s Strategic Plan, which advised all federal agencies to publish a routine use for their systems of records allowing for the disclosure of information in the course of responding to a breach of data maintained in a system of records. The routine use will facilitate an effective response to a confirmed or suspected breach by allowing for the disclosure to those individuals affected by the breach, as well as to others who are in a position to assist in the Agency’s response efforts, either by a role in preventing, minimizing or remedying harms from the breach. The Privacy Act authorizes the Agency to adopt routine uses that are consistent with the purpose for which information is collected and subject to the Privacy Act. OMB guidance also recognizes cases in which routine uses are necessary and proper for the efficient conduct of the government and in the best interest of both the individual and the public. A routine use to provide for disclosure in connection with response and remedial efforts in the event of a breach of federal data would qualify as a necessary and proper use of information. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 A report of the proposed new general routine use has been sent to Congress and to the Office of Management and Budget for their evaluation. Accordingly, USAID proposes to amend its Privacy Act general routine uses, as published by adding the following new routine use at the end of the existing routine uses set forth: Statement of General Routine Uses * * * * * 15. To appropriate agencies, entities, and persons when (1) USAID suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) USAID 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 USAID 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 USAID’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. Dated: December 5, 2007. Philip M. Heneghan, Chief Privacy Officer. [FR Doc. E7–24062 Filed 12–11–07; 8:45 am] BILLING CODE 6116–01–P DEPARTMENT OF AGRICULTURE Office of the Secretary Privacy Act of 1974; Revision of System of Records and Proposed New Routine Uses Department of Agriculture (USDA). ACTION: Notice of revision to the Privacy Act System of Records. AGENCY: SUMMARY: The United States Department of Agriculture gives notice that it is proposing to revise its Privacy Act System of Records, USDA/FSA–2 entitled ‘‘Farm Records File (Automated).’’ DATES: Effective Date: The revised system notice and the proposed routine uses will become effective 40 days after E:\FR\FM\12DEN1.SGM 12DEN1 70560 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices publication, on January 22, 2008, unless modified by a subsequent notice to incorporate public comments. Comment date: Comments on this notice must be received on or before January 22, 2008 to be assured consideration. Although the Privacy Act requires only that the portion of the system which describes the ‘‘routine uses’’ of the system be published for comment, USDA invites comment on all portions of this notice. FOR FURTHER INFORMATION CONTACT: Dan McGlynn, Deputy Director, Production, Emergencies, and Compliance Division, USDA, FSA, STOP 0517, 1400 Independence Avenue, SW., Washington, DC 20250–0517, by telephone at (202) 720–3463, or via email at Dan.McGlynn@wdc.usda.gov. SUPPLEMENTARY INFORMATION: The Farm Service Agency (FSA) proposes to revise some existing routine uses, remove an unnecessary routine use, establish new routine uses, and update and clarify the notice. Routine uses identify individuals, groups, and entities to which the information may be disclosed. FSA proposes to: (1) Remove routine use 13 and redesignate the routine uses currently designated numbers 14 through 21 as numbers 13 through 20, respectively; (2) revise routine uses numbers 1, 10, and newly designated 16 and 20; (3) add five new routine uses to be designated as routine uses numbers 21, 22, 23, 24, and 25, respectively, for the USDA/FSA–2, Farm Records File; and (4) correct, revise, and add information in the following categories: System Location, Categories of Individuals Covered by the System, Categories of Records in the System, Authority for Maintenance of the System, Purpose(s), System Manager(s) and Address, and Record Source Categories in USDA/FSA–2. mstockstill on PROD1PC66 with NOTICES Revise Routine Use 1 FSA is revising routine use number 1 to add designated marketing associations (DMAs) and loan servicing agents (LSAs) as entities approved to carry out Commodity Credit Corporation (CCC) marketing assistance loan and loan deficiency payment programs and also to list the types of data that will be made available. These entities were authorized to conduct business on behalf of FSA by the Farm Security and Rural Investment Act of 2002 (Pub. L. 107–171) and prior legislation. Revise Routine Use 10 FSA is revising routine use number 10 to remove obsolete references to information about producers VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 participating in the peanut production control and quota programs. Those programs were ended by the Farm Security and Rural Investment Act of 2002 (Pub. L. 107–171) and the use of such information is thus no longer needed. Once revised, routine use 10 would read as follows: (10) To the Peanut Board with respect to producers of peanuts and their participation in the peanut price support program. Remove Routine Use 13 FSA is deleting routine use number 13 and renumbering the remaining routine uses. Current routine use 13 regards disclosure of information to tobacco analysis laboratories of producers’ names and addresses as well as crop-specific data regarding tobacco being analyzed prior to the marketing of such tobacco. This disclosure was needed for the Tobacco Quota and Price Support Programs, which were repealed by sections 611 through 613 of the American Jobs Creation Act of 2004 (Pub. L. 108–357), and thus is no longer needed. Revise Routine Use 16 (formerly 17): FSA proposes to revise the routine use currently designated number 17 and redesignated as number 16, to add farm numbers and cotton yields to the data currently received by cotton ginners. Cotton ginners already receive information relating to names, addresses, and cotton acreage. If disaster programs are enacted similar to recent disaster programs for cottonseed, the additional data will allow cotton ginners to more efficiently deliver disaster programs. Revise Routine Use 20 (formerly 21): FSA proposes to revise the routine use currently designated number 21 and redesignated as number 20, to reflect changes to information disclosed to State-certified or State-licensed appraisers and employees of Federal agencies other than USDA who are qualified to perform real estate appraisals. This revision is necessary due to changes in program names and/ or designations within FSA. Specifically, Production Flexibility Contract Acres would be changed to read ‘‘Direct and Counter-cyclical Program (DCP) Contract Base Acres.’’ Further, a reference to ‘‘DCP cropland acres’’ would be added to agricultural use acres and cropland acres, a category already listed in routine use number 21, to replace the obsolete term ‘‘agricultural use acres.’’ Once revised, newly designated routine use 20 would read as follows: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 (20) To State-certified or Statelicensed appraisers and employees of Federal agencies other than USDA qualified to perform real estate appraisals. The specific information that may be disclosed to such appraisers consists of: —Direct and Counter-Cyclical Program (DCP) Contract Base Acres. —Payment yields. —DCP cropland and cropland acres. —Copies of aerial photography. —Conservation Reserve Program (CRP) acres. —Highly erodible land (HEL) delineations. —Wetland classifications. Proposed New Routine Use 21 The first proposed new routine use, designated as number 21, would provide for disclosure of certain hard copy or electronic records in this system to cooperating Federal, State, and local agencies, as necessary for implementation of conservation programs. This limited disclosure falls within FSA’s mandate to promote a viable agriculture economy and is essential for effective implementation of conservation programs. Cooperating Federal, State, and local agency employees are bound by ethical standards and State or local regulations not to further disclose such information without the permission of the client. The specific information to be disclosed to the cooperating Federal, State, and local agencies employees consists of: —Producer name/address/tax identification number. —Digital imagery, including Common Land Unit (CLU) boundaries, calculated acreage, and farm, tract, and field identifiers. —Environmental resources and disaster data. —Conservation Reserve Program (CRP) data. —Highly erodible land (HEL) delineations and data. —Conservation Producer payment history. —Wetlands classifications. Proposed New Routine Use 22 The second proposed new routine use, designated as number 22, permits disclosure of certain electronic records in this system through incorporation of these records into 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 E:\FR\FM\12DEN1.SGM 12DEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices located in Kansas City, Missouri, that is jointly maintained by FSA and the Risk Management Agency (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 producer to provide consistent information to FSA, RMA, and AIPs. The electronic information contained in CIMS will be disclosed to RMA 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 program, 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. RMA and any contractor engaged in the development or maintenance of CIMS will have access to all FSA data incorporated into CIMS. FSA data 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 FSA data disclosed through access to CIMS data consist of: —Electronic Producer and Member Entity Information, including a common producer name, address, tax identifier, identity type, and entity file. VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 —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. —Electronic production data/ information used by both FSA and RMA to establish program benefits. This data/information is the basis for determination of accurate monetary benefits. —Digital imagery and geospatial data layer containing CLU boundaries, calculated acres, State and county codes, and unique identifiers for those States in which the AIPs have contracted with RMA to sell crop insurance. This will enable AIPs to associate farm, tract, and CLU numbers to geospatial data for their insured producers. 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. Proposed New Routine Use 23 The third proposed new routine use, designated as number 23, permits disclosure of certain hard-copy records from this system of records to AIPs (excluding their insurance agents) and loss adjusters for their respective insured producers. This includes copies of their insured producer’s form FSA– 578, Producer Print Acreage Reports and photocopies of maps for associated land to be used for the purpose of fulfilling loss adjustment obligations as well as for audits and reviews of claims. Limited disclosure of this hard-copy information assists USDA in effectively administering and enforcing the national crop insurance program. The specific hard copy information to be disclosed to the AIPs (excluding 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, consists of: —Producer and Member Entity Information, including a common producer name, address, tax identifier, identity type, and entity file. —Current and prior crop year acreage report information reported to FSA by producers, acreage determined by FSA, and associated maps. —Production data/information used by both FSA and RMA to establish program benefits. This data/ information is the basis for PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 70561 determination of accurate monetary benefits. Proposed New Routine Use 24 The fourth proposed new routine use, designated as number 24, would permit disclosure of certain records in this file to cooperating Federal, State, and local agencies, including State universities, and sugar cane processors as necessary for implementation of hurricane disaster programs and other studies related to the sugar industry. Limited sharing of data with cooperating Federal, State, and local agencies, including State universities, and sugar cane processors permits FSA to tailor its hurricane sugar cane disaster programs to specific local needs. In 2002 and 2005, hurricanes decimated the Louisiana sugar industry and FSA was directed to provide assistance. The sugar cane industry requested the assistance of Louisiana State University (LSU) in developing and implementing a program specifically designed to meet the needs of Louisiana. LSU requires limited data from FSA files to accomplish their role. The hurricane sugar cane disaster programs are statutorily required to be administered through the sugar cane processing companies. Sugar cane processing companies pay growers for their sugar cane based on the revenue from the sugar extracted from the growers’ sugar cane. Most of the Federal assistance for the hurricane sugar cane damage is statutorily required to be treated as sugar revenue lost to the processors and growers. Thus, FSA makes payments to the processors, who share the payments to growers as they would sugar revenue. LSU requires FSA grower acreage data to make the sugar loss calculations required as part of the processor’s application for assistance under the hurricane sugar cane disaster programs. This system of records is being amended to add a routine use allowing the limited disclosure of producer and farm information to employees of cooperating Federal, State, and local agencies, including State universities who are qualified to assist in the development and implementation of hurricane sugar cane disaster programs. The specific information to be disclosed to the employees of cooperating Federal, State, and local agencies, including State universities consists of: • Producer name/address. • Acreage and farm, tract, and field identifiers. • Environmental resources and disaster data. E:\FR\FM\12DEN1.SGM 12DEN1 70562 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices Proposed New Routine Use 25 mstockstill on PROD1PC66 with NOTICES The fifth proposed new routine use, designated as number 25, would permit disclosure of certain records in this file to appropriate agencies, entities, and persons as necessary to respond to suspected or confirmed compromise of the security or confidentiality of information in the system of records and to prevent, minimize, or remedy such harm. A Federal agency’s ability to respond quickly and effectively in the event of a breach of Federal data is critical to its efforts to prevent or minimize any consequent harm. An effective response necessitates disclosure of information regarding the breach to those individuals affected by it, as well as to persons and entities in a position to cooperate, either by assisting in notification to affected individuals or playing a role in preventing or minimizing harms from the breach. This routine use will allow the disclosure of information in the course of responding to a breach of Federal data. This routine use will serve to protect the interests of the individuals whose information is at issue by allowing agencies to take appropriate steps to facilitate a timely and effective response, thereby improving their ability to prevent, minimize, or remedy any harm resulting from a compromise of data maintained in their systems of records. This system of records is being amended to add a routine use allowing the limited disclosure to appropriate agencies, entities, and persons when (1) the agency 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. Proposed Revisions to Other Categories of Information FSA proposes to make changes to seven categories of information in the system of records because of agency reorganization, new programs, and VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 advanced technologies. These changes have been made to the following: correction of the names and addresses listed in the categories of System Location and System Manager(s) and Address; the addition of another group of persons covered in the Categories of Individuals Covered by the System; the addition of types of files/records/ materials collected and maintained due to new Congressionally approved programs and advanced technology in the Categories of Records in the System; the addition of new statutes listed in the Authority for Maintenance of the System, and to revise the reasons for collecting and maintaining information in this system of records in the Purpose(s). Report A ‘‘Report on Revised System,’’ required by 5 U.S.C. 552a(r) as implemented by the Office of Management and Budget (OMB) Circular A–130, was sent to the Chairman, Committee on Governmental Affairs, United States Senate; the Chairman, Committee on Government Reform and Oversight, House of Representatives; and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget, on December 4, 2007. Signed at Washington, DC, on December 4, 2007. Charles F. Conner, Acting Secretary of Agriculture. USDA/FSA–2 SYSTEM NAME: Farm Records File (Automated), USDA/FSA–2. SYSTEM LOCATION: This system of records is under the control of the Deputy Administrator for Farm Programs FSA, USDA, Stop 0539, P.O. Box 2415, Washington, DC 20250. The data will be maintained at the county FSA office which services the particular farm, the State FSA Office of the State where the particular county FSA office is located; the FSA Aerial Photography Field Office, 2222 West 2300 South, Salt Lake City, Utah 84119– 2020; the Kansas City Administrative Office, 6501 Beacon Drive, Kansas City, Missouri 64133; the Kansas City Commodity Office, 6501 Beacon Drive, Kansas City, Missouri 64133, and the FSA National Office. The address of each county and State FSA office can be found in the local telephone directory under the heading ‘‘United States Government, Department of Agriculture, Farm Service Agency.’’ PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Farm owners, operators, borrowers, and other producers. CATEGORIES OF RECORDS IN THE SYSTEM: The information in the system consists of electronic and hard copy documentation of participation in the active programs as well as discontinued programs. This includes names and addresses of producers and is not necessarily limited to farm allotments, quotas, bases, and history; compliance data; producer entity data; combined producer data; production and marketing data; lease and transfer of allotments and quotas; appeals; new grower applications; conservation program documents; program participation and payment documents; appraisals, leases, and data for farm reconstitution; and, for payment limitation and conservation compliance purposes, financial statements, and other applicable farm information such as tax statements, wills, trusts, partnership agreements, and corporate charters. Geospatial (GIS) data set, containing producer boundaries of Common Land Units (CLUs), farms, tracts, field identifiers and attributes used to identify the location of land that can be traced back to a producer’s crops and benefits. By definition, a CLU identifies a farm’s subdivisions and boundaries and is recommended as the common location identifier for reporting acreage. GIS Crop Reporting Layer, consisting of tabular crop acreage data and including producer share, location of land where a crop is planted, and crop acreage compliance data. Digital renditions of farm record boundaries, including farm, tract, CLUs (fields), and personal attributes of that property such as, but not limited to, cropland designation, wetland location, program participation designation (e.g., Conservation Reserve Program or CRP), and presence of structures located on a property (e.g., buildings, well heads, or other identifying structures). Crop Acreage Data used to promote a viable agriculture economy essential to effectively administering and enforcing the national crop insurance program and for the purpose of fulfilling loss adjustment obligations as well as audits and reviews of claims. AUTHORITIES FOR MAINTENANCE OF THE SYSTEM: 7 U.S.C. 135b, 450j, 450k, 450l, 1281– 1393, 1421–1449, 1461–1469, 1471– 1471i; 15 U.S.C. 714–714p; 16 U.S.C. 590a-590q, 1301–1311, 1606, 2101– 2111, 2201–2205, 3501, 3801–3847, 4601, 26 U.S.C. 6109; 40 U.S.C. 14101, 14505, and 43 U.S.C. 1592. E:\FR\FM\12DEN1.SGM 12DEN1 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices PURPOSE(S): To deliver Federal farm program benefits and loans legislated by Congress to farm and ranch owners and operators to support farms and ranches, protect the environment, and enhance the marketing of agriculture products. mstockstill on PROD1PC66 with NOTICES ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records contained in this system may be disclosed: (1) To a cooperative marketing association (CMA), designated marketing association (DMA), or loan servicing agent (LSA) approved to carry out CCC price support loan and marketing programs. Records that will be disclosed include only data that is necessary for the CMA, DMA, or LSA, to make producer eligibility determinations, reasonable quantity determinations, producer payment limitations, and denied benefit determinations; (2) To the appropriate agency, whether Federal, State, local, or foreign charged with the responsibility of investigating or prosecuting a violation of law, or of enforcing or implementing a statute, rule, regulation, or order issued pursuant thereto, of any records within this system when information available 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; (3) To a court, magistrate, or administrative tribunal, or to opposing counsel in a proceeding before any of the above, of any record within the system which constitutes evidence in that proceeding, or which is sought in the course of discovery to the extent that records sought are relevant to the subject of the proceeding; (4) To a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual; (5) To the Internal Revenue Service to establish the tax liability of individuals as required by the Internal Revenue Code; (6) To State or local tax authorities having an agreement with CCC to withhold taxes or fees from loan proceeds; (7) To the Bureau of Reclamation (BOR), but only that data necessary for the BOR to administer the Reclamation Act of 1982, as amended; (8) To boards or other entities authorized by State statute to collect commodity assessments; VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 (9) To the Food Safety and Inspection Service; (10) To the Peanut Board, with respect to producers of peanuts and their participation in the peanut price support program; (11) To the Bureau of Indian Affairs the name and address of producers to assist in the distribution of funds to Native American Indians; (12) To candidates for FSA county and/or community committee positions the names and addresses of producers in the county for the purpose of county committee elections; (13) To the public who may inspect farm allotment and quota data for marketing quota crops, as required by the Agricultural Act of 1938, as amended; (14) To State Foresters the names and addresses of producers and cropspecific data regarding their operations with respect to forestry conservation practices; (15) To cotton buyers the names of cotton producers; (16) To cotton ginners the names, addresses, farm numbers, cotton yields and cotton acreages; (17) To members of Congress the names and addresses of producers; (18) To the public when they need to obtain the names and addresses of producers who have loans with FSA or CCC to prevent such individual from purchasing a commodity that has been placed under CCC loan. (19) To State or local taxing authorities or their contracted appraisal companies the name of and address of producers for tax appraisal purposes; (20) To State-certified or Statelicensed appraisers and employees of Federal agencies other than USDA qualified to perform real estate appraisals. The specific information to be disclosed to the appraiser is: —Direct and Counter-cyclical Program (DCP) Contract Base Acres. —Payment yields. —DCP cropland and cropland acres. —Copies of aerial photography. —Conservation Reserve Program (CRP) acres. —Highly erodible land (HEL) delineations. —Wetland classifications; (21) To cooperating Federal, State, and local agencies’ employees who are qualified to implement conservation programs. The specific information to be disclosed to the cooperating Federal, State, and local agencies employees consists of: —Producer name/address/tax identification number. —Digital imagery, including Common Land Unit (CLU) boundaries, calculated PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 70563 acreage, and farm, tract, and field identifiers. —Environmental resources and disaster data. —Conservation Reserve Program (CRP) data. —Highly erodible land (HEL) delineations and data. —Conservation Producer payment history. —Wetlands classifications; (22) To RMA and any contractor engaged in the development or maintenance of CIMS, access to all FSA data incorporated into CIMS. To 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, access to CIMS data consist of: —Electronic Producer and Member Entity Information, including a common producer name, address, tax identifier, identity type, and entity file. —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. —Electronic production data/ information used by both FSA and RMA to establish program benefits. This data/ information is the basis for determination of accurate monetary benefits. —Digital imagery and geospatial data layer containing CLU boundaries, calculated acres, State and county codes, and unique identifiers for those States in which the AIPs have contracted with RMA to sell crop insurance. This will enable AIPs to associate farm, tract, and CLU numbers to geospatial data for their insured producers. 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. (23) To the AIPs (excluding 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 consists of: —Producer and Member Entity Information, including a common producer name, address, tax identifier, identity type, and entity file. —Current and prior crop year acreage report information reported to FSA by E:\FR\FM\12DEN1.SGM 12DEN1 70564 Federal Register / Vol. 72, No. 238 / Wednesday, December 12, 2007 / Notices producers, acreage determined by FSA, and associated maps. —Production data/information used by both FSA and RMA to establish program benefits. (24) To employees of cooperating Federal, State, and local agencies, including State universities who are qualified to implement hurricane disaster programs or analyze the sugar industry. The specific information to be disclosed to the employees of cooperating Federal, State, and local agencies, including State universities consists of: —Producer name/address. —Acreage and farm, tract, and field identifiers. —Environmental resources and disaster data. (25) To appropriate agencies, entities, and persons when: (1) The agency 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. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained in file folders and Department computer systems at applicable locations as set out above under the heading ‘‘System Location.’’ RETRIEVABILITY: Records may be indexed by individual name, farm number, tax identification number, Social Security Number, or loan number. RETENTION AND DISPOSAL: Program documents are destroyed within 6 years after end of participation, except for conservation program documents, which are retained for periods sufficient to insure compliance equal to the life of the practice. Other documents, such as powers of attorney or leases, are destroyed after such document is no longer valid. Original loan notes are returned to producers after liquidation of loan. SYSTEM MANAGER(S) AND ADDRESS: Deputy Administrator for Farm Programs, FSA, USDA, Stop 0539, P.O. Box 2415, Washington, DC 20013. NOTIFICATION PROCEDURE: An individual may request information regarding this system of records or information as to whether the system contains records pertaining to the individual from the System Manager listed above. RECORD ACCESS PROCEDURES: An individual may obtain information about a record in the system which pertains to such individual by submitting a written request to the above listed System Manager. The envelope and letter should be marked ‘‘Privacy Act Request.’’ A request for information pertaining to an individual should contain: Name, address, ZIP code, name of system of record, year of records in question, and any other pertinent information to help identify the file. CONTESTING RECORD PROCEDURES: Individuals desiring to contest or amend information maintained in the system should direct their request to the above listed System Manager, and should include the reason for contesting it and the proposed amendment to the information with supporting information to show how the record is inaccurate. A request for contesting records pertaining to an individual should contain: Name, address, ZIP code, name of system of record, year of records in question, and any other pertinent information to help identify the file. mstockstill on PROD1PC66 with NOTICES SAFEGUARDS: Records are kept in locked Government office buildings. Access to these records is limited to authorized FSA personnel and representatives. Records stored in computer files are protected by passwords and other electronic security systems. Additionally, any negotiable documents, such as warehouse receipts, are kept in a fireproof cabinet. VerDate Aug<31>2005 15:54 Dec 11, 2007 Jkt 214001 RECORD SOURCE CATEGORIES: Information in this system is submitted by county and State Committees and their representatives, the Office of Inspector General and other investigatory agencies, the Office of the General Counsel, the Kansas City Commodity Office, the Kansas City Management Office, the Natural Resources and Conservation Service, by PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 third parties, and by the individual who is the subject of the file. [FR Doc. E7–24056 Filed 12–11–07; 8:45 am] BILLING CODE 3410–05–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No.: AMS–ST–07–0144; ST–07–02] Notice of Request for New Information Collection Agricultural Marketing Service, USDA. ACTION: Notice and request for comments. AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces that the Agricultural Marketing Service (AMS) is requesting approval from the Office of Management and Budget of a new information collection ‘‘Laboratory Approval Programs’’ in support of U.S. agricultural commodities. DATES: Comments received by February 11, 2008 will be considered. Additional Information or Comments: Interested persons are invited to submit comments on this proposal to Jane Ho, Technical Services Branch, Science and Technology, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Stop 0272 Washington, DC 20250–0272; Phone 202–690–0621, Fax 202–720– 4631. Comments should be submitted in triplicate. Comments may also be submitted electronically through https:// www.regulations.gov. All comments should reference the docket number and page number of this issue of the Federal Register. All comments received will be made available for public inspection at the above address during regular business hours and may be viewed at https://www.regulations.gov. SUPPLEMENTARY INFORMATION: Title: Laboratory Approval Programs. OMB Number: 0581–New. Expiration Date of Approval: 3 years from date of OMB approval. Type of Request: New Information Collection. Abstract: Under the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621–1627), AMS provides analytical testing services that facilitate marketing and allow products to obtain grade designations or meet marketing or quality standards. Pursuant to this authority, AMS develops and maintains laboratory certification and approval E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Notices]
[Pages 70559-70564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24056]


=======================================================================
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DEPARTMENT OF AGRICULTURE

Office of the Secretary


Privacy Act of 1974; Revision of System of Records and Proposed 
New Routine Uses

AGENCY: Department of Agriculture (USDA).

ACTION: Notice of revision to the Privacy Act System of Records.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Agriculture gives notice that 
it is proposing to revise its Privacy Act System of Records, USDA/FSA-2 
entitled ``Farm Records File (Automated).''

DATES: Effective Date: The revised system notice and the proposed 
routine uses will become effective 40 days after

[[Page 70560]]

publication, on January 22, 2008, unless modified by a subsequent 
notice to incorporate public comments.
    Comment date: Comments on this notice must be received on or before 
January 22, 2008 to be assured consideration. Although the Privacy Act 
requires only that the portion of the system which describes the 
``routine uses'' of the system be published for comment, USDA invites 
comment on all portions of this notice.

FOR FURTHER INFORMATION CONTACT: Dan McGlynn, Deputy Director, 
Production, Emergencies, and Compliance Division, USDA, FSA, STOP 0517, 
1400 Independence Avenue, SW., Washington, DC 20250-0517, by telephone 
at (202) 720-3463, or via e-mail at Dan.McGlynn@wdc.usda.gov.

SUPPLEMENTARY INFORMATION: The Farm Service Agency (FSA) proposes to 
revise some existing routine uses, remove an unnecessary routine use, 
establish new routine uses, and update and clarify the notice. Routine 
uses identify individuals, groups, and entities to which the 
information may be disclosed.
    FSA proposes to: (1) Remove routine use 13 and redesignate the 
routine uses currently designated numbers 14 through 21 as numbers 13 
through 20, respectively; (2) revise routine uses numbers 1, 10, and 
newly designated 16 and 20; (3) add five new routine uses to be 
designated as routine uses numbers 21, 22, 23, 24, and 25, 
respectively, for the USDA/FSA-2, Farm Records File; and (4) correct, 
revise, and add information in the following categories: System 
Location, Categories of Individuals Covered by the System, Categories 
of Records in the System, Authority for Maintenance of the System, 
Purpose(s), System Manager(s) and Address, and Record Source Categories 
in USDA/FSA-2.

Revise Routine Use 1

    FSA is revising routine use number 1 to add designated marketing 
associations (DMAs) and loan servicing agents (LSAs) as entities 
approved to carry out Commodity Credit Corporation (CCC) marketing 
assistance loan and loan deficiency payment programs and also to list 
the types of data that will be made available. These entities were 
authorized to conduct business on behalf of FSA by the Farm Security 
and Rural Investment Act of 2002 (Pub. L. 107-171) and prior 
legislation.

Revise Routine Use 10

    FSA is revising routine use number 10 to remove obsolete references 
to information about producers participating in the peanut production 
control and quota programs. Those programs were ended by the Farm 
Security and Rural Investment Act of 2002 (Pub. L. 107-171) and the use 
of such information is thus no longer needed. Once revised, routine use 
10 would read as follows:
    (10) To the Peanut Board with respect to producers of peanuts and 
their participation in the peanut price support program.

Remove Routine Use 13

    FSA is deleting routine use number 13 and renumbering the remaining 
routine uses. Current routine use 13 regards disclosure of information 
to tobacco analysis laboratories of producers' names and addresses as 
well as crop-specific data regarding tobacco being analyzed prior to 
the marketing of such tobacco. This disclosure was needed for the 
Tobacco Quota and Price Support Programs, which were repealed by 
sections 611 through 613 of the American Jobs Creation Act of 2004 
(Pub. L. 108-357), and thus is no longer needed.

Revise Routine Use 16 (formerly 17):

    FSA proposes to revise the routine use currently designated number 
17 and redesignated as number 16, to add farm numbers and cotton yields 
to the data currently received by cotton ginners. Cotton ginners 
already receive information relating to names, addresses, and cotton 
acreage. If disaster programs are enacted similar to recent disaster 
programs for cottonseed, the additional data will allow cotton ginners 
to more efficiently deliver disaster programs.

Revise Routine Use 20 (formerly 21):

    FSA proposes to revise the routine use currently designated number 
21 and redesignated as number 20, to reflect changes to information 
disclosed to State-certified or State-licensed appraisers and employees 
of Federal agencies other than USDA who are qualified to perform real 
estate appraisals. This revision is necessary due to changes in program 
names and/or designations within FSA. Specifically, Production 
Flexibility Contract Acres would be changed to read ``Direct and 
Counter-cyclical Program (DCP) Contract Base Acres.'' Further, a 
reference to ``DCP cropland acres'' would be added to agricultural use 
acres and cropland acres, a category already listed in routine use 
number 21, to replace the obsolete term ``agricultural use acres.''
    Once revised, newly designated routine use 20 would read as 
follows:
    (20) To State-certified or State-licensed appraisers and employees 
of Federal agencies other than USDA qualified to perform real estate 
appraisals. The specific information that may be disclosed to such 
appraisers consists of:

--Direct and Counter-Cyclical Program (DCP) Contract Base Acres.
--Payment yields.
--DCP cropland and cropland acres.
--Copies of aerial photography.
--Conservation Reserve Program (CRP) acres.
--Highly erodible land (HEL) delineations.
--Wetland classifications.

Proposed New Routine Use 21

    The first proposed new routine use, designated as number 21, would 
provide for disclosure of certain hard copy or electronic records in 
this system to cooperating Federal, State, and local agencies, as 
necessary for implementation of conservation programs. This limited 
disclosure falls within FSA's mandate to promote a viable agriculture 
economy and is essential for effective implementation of conservation 
programs. Cooperating Federal, State, and local agency employees are 
bound by ethical standards and State or local regulations not to 
further disclose such information without the permission of the client.
    The specific information to be disclosed to the cooperating 
Federal, State, and local agencies employees consists of:

--Producer name/address/tax identification number.
--Digital imagery, including Common Land Unit (CLU) boundaries, 
calculated acreage, and farm, tract, and field identifiers.
--Environmental resources and disaster data.
--Conservation Reserve Program (CRP) data.
--Highly erodible land (HEL) delineations and data.
--Conservation Producer payment history.
--Wetlands classifications.

Proposed New Routine Use 22

    The second proposed new routine use, designated as number 22, 
permits disclosure of certain electronic records in this system through 
incorporation of these records into 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

[[Page 70561]]

located in Kansas City, Missouri, that is jointly maintained by FSA and 
the Risk Management Agency (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 producer to provide consistent information to FSA, RMA, and 
AIPs.
    The electronic information contained in CIMS will be disclosed to 
RMA 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 program, 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.
    RMA and any contractor engaged in the development or maintenance of 
CIMS will have access to all FSA data incorporated into CIMS. FSA data 
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 FSA data disclosed through 
access to CIMS data consist of:

--Electronic Producer and Member Entity Information, including a common 
producer name, address, tax identifier, identity type, and entity file.
--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.
--Electronic production data/information used by both FSA and RMA to 
establish program benefits. This data/information is the basis for 
determination of accurate monetary benefits.
--Digital imagery and geospatial data layer containing CLU boundaries, 
calculated acres, State and county codes, and unique identifiers for 
those States in which the AIPs have contracted with RMA to sell crop 
insurance. This will enable AIPs to associate farm, tract, and CLU 
numbers to geospatial data for their insured producers. 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.

Proposed New Routine Use 23

    The third proposed new routine use, designated as number 23, 
permits disclosure of certain hard-copy records from this system of 
records to AIPs (excluding their insurance agents) and loss adjusters 
for their respective insured producers. This includes copies of their 
insured producer's form FSA-578, Producer Print Acreage Reports and 
photocopies of maps for associated land to be used for the purpose of 
fulfilling loss adjustment obligations as well as for audits and 
reviews of claims. Limited disclosure of this hard-copy information 
assists USDA in effectively administering and enforcing the national 
crop insurance program. The specific hard copy information to be 
disclosed to the AIPs (excluding 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, consists of:

--Producer and Member Entity Information, including a common producer 
name, address, tax identifier, identity type, and entity file.
--Current and prior crop year acreage report information reported to 
FSA by producers, acreage determined by FSA, and associated maps.
--Production data/information used by both FSA and RMA to establish 
program benefits. This data/information is the basis for determination 
of accurate monetary benefits.

Proposed New Routine Use 24

    The fourth proposed new routine use, designated as number 24, would 
permit disclosure of certain records in this file to cooperating 
Federal, State, and local agencies, including State universities, and 
sugar cane processors as necessary for implementation of hurricane 
disaster programs and other studies related to the sugar industry.
    Limited sharing of data with cooperating Federal, State, and local 
agencies, including State universities, and sugar cane processors 
permits FSA to tailor its hurricane sugar cane disaster programs to 
specific local needs. In 2002 and 2005, hurricanes decimated the 
Louisiana sugar industry and FSA was directed to provide assistance. 
The sugar cane industry requested the assistance of Louisiana State 
University (LSU) in developing and implementing a program specifically 
designed to meet the needs of Louisiana. LSU requires limited data from 
FSA files to accomplish their role.
    The hurricane sugar cane disaster programs are statutorily required 
to be administered through the sugar cane processing companies. Sugar 
cane processing companies pay growers for their sugar cane based on the 
revenue from the sugar extracted from the growers' sugar cane. Most of 
the Federal assistance for the hurricane sugar cane damage is 
statutorily required to be treated as sugar revenue lost to the 
processors and growers. Thus, FSA makes payments to the processors, who 
share the payments to growers as they would sugar revenue. LSU requires 
FSA grower acreage data to make the sugar loss calculations required as 
part of the processor's application for assistance under the hurricane 
sugar cane disaster programs.
    This system of records is being amended to add a routine use 
allowing the limited disclosure of producer and farm information to 
employees of cooperating Federal, State, and local agencies, including 
State universities who are qualified to assist in the development and 
implementation of hurricane sugar cane disaster programs. The specific 
information to be disclosed to the employees of cooperating Federal, 
State, and local agencies, including State universities consists of:
     Producer name/address.
     Acreage and farm, tract, and field identifiers.
     Environmental resources and disaster data.

[[Page 70562]]

Proposed New Routine Use 25

    The fifth proposed new routine use, designated as number 25, would 
permit disclosure of certain records in this file to appropriate 
agencies, entities, and persons as necessary to respond to suspected or 
confirmed compromise of the security or confidentiality of information 
in the system of records and to prevent, minimize, or remedy such harm.
    A Federal agency's ability to respond quickly and effectively in 
the event of a breach of Federal data is critical to its efforts to 
prevent or minimize any consequent harm. An effective response 
necessitates disclosure of information regarding the breach to those 
individuals affected by it, as well as to persons and entities in a 
position to cooperate, either by assisting in notification to affected 
individuals or playing a role in preventing or minimizing harms from 
the breach.
    This routine use will allow the disclosure of information in the 
course of responding to a breach of Federal data. This routine use will 
serve to protect the interests of the individuals whose information is 
at issue by allowing agencies to take appropriate steps to facilitate a 
timely and effective response, thereby improving their ability to 
prevent, minimize, or remedy any harm resulting from a compromise of 
data maintained in their systems of records.
    This system of records is being amended to add a routine use 
allowing the limited disclosure to appropriate agencies, entities, and 
persons when (1) the agency 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.

Proposed Revisions to Other Categories of Information

    FSA proposes to make changes to seven categories of information in 
the system of records because of agency reorganization, new programs, 
and advanced technologies. These changes have been made to the 
following: correction of the names and addresses listed in the 
categories of System Location and System Manager(s) and Address; the 
addition of another group of persons covered in the Categories of 
Individuals Covered by the System; the addition of types of files/
records/materials collected and maintained due to new Congressionally 
approved programs and advanced technology in the Categories of Records 
in the System; the addition of new statutes listed in the Authority for 
Maintenance of the System, and to revise the reasons for collecting and 
maintaining information in this system of records in the Purpose(s).

Report

    A ``Report on Revised System,'' required by 5 U.S.C. 552a(r) as 
implemented by the Office of Management and Budget (OMB) Circular A-
130, was sent to the Chairman, Committee on Governmental Affairs, 
United States Senate; the Chairman, Committee on Government Reform and 
Oversight, House of Representatives; and the Administrator, Office of 
Information and Regulatory Affairs, Office of Management and Budget, on 
December 4, 2007.

    Signed at Washington, DC, on December 4, 2007.
Charles F. Conner,
Acting Secretary of Agriculture.
USDA/FSA-2

SYSTEM NAME:
    Farm Records File (Automated), USDA/FSA-2.

SYSTEM LOCATION:
    This system of records is under the control of the Deputy 
Administrator for Farm Programs FSA, USDA, Stop 0539, P.O. Box 2415, 
Washington, DC 20250. The data will be maintained at the county FSA 
office which services the particular farm, the State FSA Office of the 
State where the particular county FSA office is located; the FSA Aerial 
Photography Field Office, 2222 West 2300 South, Salt Lake City, Utah 
84119-2020; the Kansas City Administrative Office, 6501 Beacon Drive, 
Kansas City, Missouri 64133; the Kansas City Commodity Office, 6501 
Beacon Drive, Kansas City, Missouri 64133, and the FSA National Office. 
The address of each county and State FSA office can be found in the 
local telephone directory under the heading ``United States Government, 
Department of Agriculture, Farm Service Agency.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Farm owners, operators, borrowers, and other producers.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The information in the system consists of electronic and hard copy 
documentation of participation in the active programs as well as 
discontinued programs. This includes names and addresses of producers 
and is not necessarily limited to farm allotments, quotas, bases, and 
history; compliance data; producer entity data; combined producer data; 
production and marketing data; lease and transfer of allotments and 
quotas; appeals; new grower applications; conservation program 
documents; program participation and payment documents; appraisals, 
leases, and data for farm reconstitution; and, for payment limitation 
and conservation compliance purposes, financial statements, and other 
applicable farm information such as tax statements, wills, trusts, 
partnership agreements, and corporate charters. Geospatial (GIS) data 
set, containing producer boundaries of Common Land Units (CLUs), farms, 
tracts, field identifiers and attributes used to identify the location 
of land that can be traced back to a producer's crops and benefits. By 
definition, a CLU identifies a farm's subdivisions and boundaries and 
is recommended as the common location identifier for reporting acreage. 
GIS Crop Reporting Layer, consisting of tabular crop acreage data and 
including producer share, location of land where a crop is planted, and 
crop acreage compliance data. Digital renditions of farm record 
boundaries, including farm, tract, CLUs (fields), and personal 
attributes of that property such as, but not limited to, cropland 
designation, wetland location, program participation designation (e.g., 
Conservation Reserve Program or CRP), and presence of structures 
located on a property (e.g., buildings, well heads, or other 
identifying structures). Crop Acreage Data used to promote a viable 
agriculture economy essential to effectively administering and 
enforcing the national crop insurance program and for the purpose of 
fulfilling loss adjustment obligations as well as audits and reviews of 
claims.

AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
    7 U.S.C. 135b, 450j, 450k, 450l, 1281-1393, 1421-1449, 1461-1469, 
1471-1471i; 15 U.S.C. 714-714p; 16 U.S.C. 590a-590q, 1301-1311, 1606, 
2101-2111, 2201-2205, 3501, 3801-3847, 4601, 26 U.S.C. 6109; 40 U.S.C. 
14101, 14505, and 43 U.S.C. 1592.

[[Page 70563]]

PURPOSE(S):
    To deliver Federal farm program benefits and loans legislated by 
Congress to farm and ranch owners and operators to support farms and 
ranches, protect the environment, and enhance the marketing of 
agriculture products.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records contained in this system may be disclosed:
    (1) To a cooperative marketing association (CMA), designated 
marketing association (DMA), or loan servicing agent (LSA) approved to 
carry out CCC price support loan and marketing programs. Records that 
will be disclosed include only data that is necessary for the CMA, DMA, 
or LSA, to make producer eligibility determinations, reasonable 
quantity determinations, producer payment limitations, and denied 
benefit determinations;
    (2) To the appropriate agency, whether Federal, State, local, or 
foreign charged with the responsibility of investigating or prosecuting 
a violation of law, or of enforcing or implementing a statute, rule, 
regulation, or order issued pursuant thereto, of any records within 
this system when information available 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;
    (3) To a court, magistrate, or administrative tribunal, or to 
opposing counsel in a proceeding before any of the above, of any record 
within the system which constitutes evidence in that proceeding, or 
which is sought in the course of discovery to the extent that records 
sought are relevant to the subject of the proceeding;
    (4) To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual;
    (5) To the Internal Revenue Service to establish the tax liability 
of individuals as required by the Internal Revenue Code;
    (6) To State or local tax authorities having an agreement with CCC 
to withhold taxes or fees from loan proceeds;
    (7) To the Bureau of Reclamation (BOR), but only that data 
necessary for the BOR to administer the Reclamation Act of 1982, as 
amended;
    (8) To boards or other entities authorized by State statute to 
collect commodity assessments;
    (9) To the Food Safety and Inspection Service;
    (10) To the Peanut Board, with respect to producers of peanuts and 
their participation in the peanut price support program;
    (11) To the Bureau of Indian Affairs the name and address of 
producers to assist in the distribution of funds to Native American 
Indians;
    (12) To candidates for FSA county and/or community committee 
positions the names and addresses of producers in the county for the 
purpose of county committee elections;
    (13) To the public who may inspect farm allotment and quota data 
for marketing quota crops, as required by the Agricultural Act of 1938, 
as amended;
    (14) To State Foresters the names and addresses of producers and 
crop-specific data regarding their operations with respect to forestry 
conservation practices;
    (15) To cotton buyers the names of cotton producers;
    (16) To cotton ginners the names, addresses, farm numbers, cotton 
yields and cotton acreages;
    (17) To members of Congress the names and addresses of producers;
    (18) To the public when they need to obtain the names and addresses 
of producers who have loans with FSA or CCC to prevent such individual 
from purchasing a commodity that has been placed under CCC loan.
    (19) To State or local taxing authorities or their contracted 
appraisal companies the name of and address of producers for tax 
appraisal purposes;
    (20) To State-certified or State-licensed appraisers and employees 
of Federal agencies other than USDA qualified to perform real estate 
appraisals. The specific information to be disclosed to the appraiser 
is:

    --Direct and Counter-cyclical Program (DCP) Contract Base Acres.
    --Payment yields.
    --DCP cropland and cropland acres.
    --Copies of aerial photography.
    --Conservation Reserve Program (CRP) acres.
    --Highly erodible land (HEL) delineations.
    --Wetland classifications;

    (21) To cooperating Federal, State, and local agencies' employees 
who are qualified to implement conservation programs. The specific 
information to be disclosed to the cooperating Federal, State, and 
local agencies employees consists of:

    --Producer name/address/tax identification number.
    --Digital imagery, including Common Land Unit (CLU) boundaries, 
calculated acreage, and farm, tract, and field identifiers.
    --Environmental resources and disaster data.
    --Conservation Reserve Program (CRP) data.
    --Highly erodible land (HEL) delineations and data.
    --Conservation Producer payment history.
    --Wetlands classifications;

    (22) To RMA and any contractor engaged in the development or 
maintenance of CIMS, access to all FSA data incorporated into CIMS. To 
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, access to CIMS data consist of:

    --Electronic Producer and Member Entity Information, including a 
common producer name, address, tax identifier, identity type, and 
entity file.
    --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.
    --Electronic production data/information used by both FSA and RMA 
to establish program benefits. This data/information is the basis for 
determination of accurate monetary benefits.
    --Digital imagery and geospatial data layer containing CLU 
boundaries, calculated acres, State and county codes, and unique 
identifiers for those States in which the AIPs have contracted with RMA 
to sell crop insurance. This will enable AIPs to associate farm, tract, 
and CLU numbers to geospatial data for their insured producers. 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.

    (23) To the AIPs (excluding 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 consists of:

    --Producer and Member Entity Information, including a common 
producer name, address, tax identifier, identity type, and entity file.
    --Current and prior crop year acreage report information reported 
to FSA by

[[Page 70564]]

producers, acreage determined by FSA, and associated maps.
    --Production data/information used by both FSA and RMA to establish 
program benefits.
    (24) To employees of cooperating Federal, State, and local 
agencies, including State universities who are qualified to implement 
hurricane disaster programs or analyze the sugar industry. The specific 
information to be disclosed to the employees of cooperating Federal, 
State, and local agencies, including State universities consists of:

    --Producer name/address.
    --Acreage and farm, tract, and field identifiers.
    --Environmental resources and disaster data.

    (25) To appropriate agencies, entities, and persons when: (1) The 
agency 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in file folders and Department computer 
systems at applicable locations as set out above under the heading 
``System Location.''

RETRIEVABILITY:
    Records may be indexed by individual name, farm number, tax 
identification number, Social Security Number, or loan number.

SAFEGUARDS:
    Records are kept in locked Government office buildings. Access to 
these records is limited to authorized FSA personnel and 
representatives. Records stored in computer files are protected by 
passwords and other electronic security systems. Additionally, any 
negotiable documents, such as warehouse receipts, are kept in a 
fireproof cabinet.

RETENTION AND DISPOSAL:
    Program documents are destroyed within 6 years after end of 
participation, except for conservation program documents, which are 
retained for periods sufficient to insure compliance equal to the life 
of the practice. Other documents, such as powers of attorney or leases, 
are destroyed after such document is no longer valid. Original loan 
notes are returned to producers after liquidation of loan.

SYSTEM MANAGER(S) AND ADDRESS:
    Deputy Administrator for Farm Programs, FSA, USDA, Stop 0539, P.O. 
Box 2415, Washington, DC 20013.

NOTIFICATION PROCEDURE:
    An individual may request information regarding this system of 
records or information as to whether the system contains records 
pertaining to the individual from the System Manager listed above.

RECORD ACCESS PROCEDURES:
    An individual may obtain information about a record in the system 
which pertains to such individual by submitting a written request to 
the above listed System Manager. The envelope and letter should be 
marked ``Privacy Act Request.'' A request for information pertaining to 
an individual should contain: Name, address, ZIP code, name of system 
of record, year of records in question, and any other pertinent 
information to help identify the file.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their request to the above listed System 
Manager, and should include the reason for contesting it and the 
proposed amendment to the information with supporting information to 
show how the record is inaccurate. A request for contesting records 
pertaining to an individual should contain: Name, address, ZIP code, 
name of system of record, year of records in question, and any other 
pertinent information to help identify the file.

RECORD SOURCE CATEGORIES:
    Information in this system is submitted by county and State 
Committees and their representatives, the Office of Inspector General 
and other investigatory agencies, the Office of the General Counsel, 
the Kansas City Commodity Office, the Kansas City Management Office, 
the Natural Resources and Conservation Service, by third parties, and 
by the individual who is the subject of the file.

[FR Doc. E7-24056 Filed 12-11-07; 8:45 am]
BILLING CODE 3410-05-P
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