Privacy Act of 1974: Notice of Proposed Privacy Act System of Records Revision and Proposed New Routine Uses, 80034-80037 [2010-31939]

Agencies

• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Notices]
[Pages 80034-80037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31939]


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Notices
                                                Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
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Federal Register / Vol. 75, No. 244 / Tuesday, December 21, 2010 / 
Notices

[[Page 80034]]



DEPARTMENT OF AGRICULTURE


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

AGENCY: Grain Inspection, Packers and Stockyards Administration, U.S. 
Department of Agriculture.

ACTION: Notice of proposed Privacy Act system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the U.S. Department of Agriculture (USDA), Grain 
Inspection, Packers and Stockyards Administration (GIPSA), is giving 
notice that it is revising a system of records that is maintained for 
the purpose of enforcing the U.S. Grain Standards Act (USGSA) and 
certain provisions of the Agricultural Marketing Act of 1946 (AMA). 
GIPSA's Federal Grain Inspection Service (FGIS) administers the USGSA 
and certain provisions of the AMA.

DATES: Effective Date: This notice will be effective without further 
notice on February 22, 2011 unless modified by a subsequent notice to 
incorporate comments received from the public. Written or electronic 
comments must be received by the contact person listed below on or 
before January 20, 2011 to be assured consideration.

ADDRESSES: You may submit written or electronic comments on this notice 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     E-mail: comments.gipsa@usda.gov.
     Fax: (202) 690-2173.
     Mail: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, 
SW., Room 1633-S, Washington, DC 20250-3642.
     Hand Delivery or Courier: Tess Butler, GIPSA, USDA, 1400 
Independence Avenue, SW., Room 1633-S, Washington, DC 20250-3642.
    Instructions: All comments will become a matter of public record 
and should be identified as ``GIPSA FGISonline System of Records 
Comments,'' making reference to the date and page number of this issue 
of the Federal Register. Comments will be available for public 
inspection in the above office during regular business hours (7 CFR 
1.27(b)). Please call GIPSA Management and Budget Services at (202) 
720-7486 to make an appointment to read comments.

FOR FURTHER INFORMATION CONTACT: Randall Jones, Deputy Administrator, 
Federal Grain Inspection Service, at (202) 720-9170.

SUPPLEMENTARY INFORMATION: The USGSA, enacted in 1916, authorizes the 
Secretary of Agriculture to establish official U.S. standards for grain 
and a national grain inspection system. The USGSA has been amended many 
times, but the most significant amendment occurred in 1976 when FGIS 
was created to manage the national grain inspection system and to 
establish a national grain weighing program. In October 1994, FGIS was 
merged with another USDA agency, the Packers and Stockyards 
Administration, to create GIPSA.
    The USGSA requires, among other provisions, that shipments of grain 
of a specified grade for export be inspected and weighed at the export 
terminal and that either FGIS perform and certify such inspections or 
that FGIS delegate its authority to State government agencies to 
perform the services under FGIS' supervision. The USGSA authorizes FGIS 
to designate private and State agencies to offer and perform official 
inspections in the domestic market, to license delegated and designated 
agency personnel to conduct official inspections, and to monitor the 
State-operated and privately owned official agencies throughout the 
inspection process. Also, the USGSA requires that all persons who buy, 
handle, weigh, or transport more than 15,000 metric tons of U.S. grain 
for sale in foreign commerce grain business register with FGIS. Those 
who engage in practices prohibited by the USGSA or who are convicted of 
any violation involving the handling, weighing, or inspection of grain 
may be refused official inspection and weighing services; may have 
their designation of an official agency revoked; their license 
suspended, revoked, or not renewed; or their certificate of 
registration suspended. Criminal and/or civil penalties may be assessed 
to any person who commits an offense prohibited by the USGSA. Sections 
7 U.S.C. 77, 79, 79a, 84, 87f-1 of the USGSA and sections 800.15-18, 
800.30-39, 800.170-180, 800.215-219, and 800.217 of the USGSA 
regulations establish the requirements and procedures for obtaining 
official services, for designating agencies and licensing individuals, 
for supervising and monitoring activities, and for registering an 
entity to be involved in foreign commerce grain business.
    Under the AMA, FGIS administers and enforces certain inspection and 
standardization activities related to rice, pulses, lentils, and 
processed grain products such as flour and corn meal, as well as other 
agricultural commodities. Services under the AMA are performed upon 
request on a fee basis for both domestic and export shipments by either 
FGIS employees or individual contractors, or through cooperative 
agreements with States and private entities. Section 7 U.S.C. 1621 et 
seq. of the AMA and sections 868.20-.26, 868.30-.36, 868.80-.84 of the 
AMA regulations establish the requirements and procedures for obtaining 
official services and for licensing persons to inspect commodities and 
to perform related services.
    The information that is collected by FGIS will be maintained in the 
FGISonline system of records and used to administer and enforce the 
provisions of the USGSA, as well as applicable provisions of the AMA 
and regulations. In accordance with the Office of Management and Budget 
regulations (5 CFR part 1320) that implement the Paperwork Reduction 
Act of 1995 (44 U.S.C. Chapter 35), the information collected and 
maintained by the FGISonline system of records was approved on April 
14, 2008, and will expire on April 30, 2011.
    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), USDA announces 
that it is revising an existing system of records ``USDA/FGIS-1: 
Employment History Records for Licensed Nonfederal Employees.'' The 
revisions will: (1) Change the name of the system to ``USDA/GIPSA-2, 
GIPSA FGISonline''; (2) update the system location and system manager's 
name; (3) add new

[[Page 80035]]

categories of individuals covered by the system; (4) add new categories 
of records in the system; (5) add routine uses; and (6) revise the 
policies and practices for storing, retrieving, accessing, retaining, 
safeguarding, and disposing of records in the system. These changes are 
necessary to address administrative changes and an agency 
restructuring; to address the current needs of the agency; to define 
more completely the data and information located in the system; and to 
update new reporting requirements.
    GIPSA is modernizing the business functions of its grain program 
through the development of FGISonline, which is a portfolio of online 
business applications that will change the way that GIPSA does business 
and that will bring official grain inspection and weighing to the 
desktop. GIPSA believes FGISonline will improve internal program 
efficiencies and effectiveness, will better serve the customers of the 
official inspection and weighing service, and will meet Federal 
eGovernment and related USDA requirements.
    FGISonline will capture all grain inspection, testing, and weighing 
information at the point of origin and store and manage data and 
information collected and generated under the USGSA and AMA to deliver 
official services, to monitor programs, to support queries, and to 
provide reporting capabilities. It will manage inspection and weighing 
records for services performed under the USGSA and AMA and will provide 
the public access to general information about grain quality, official 
service volume, and the inspection and weighing of grain in domestic 
and international commerce. FGISonline will automate the licensing, 
registration, delegation/designation, and equipment testing processes; 
provide online testing for licensed personnel and enhance 
recordkeeping; and expand FGIS' quality assurance and control 
capabilities.
    Information relating to FGIS' official service providers, 
individuals licensed under the USGSA to perform official services, and 
registrants engaged in foreign commerce grain business will be 
maintained in the Licensing; Delegation, Designation, and Export 
Registration; and Quality Assurance/Quality Control FGISonline 
programs. Information that will be collected and maintained includes 
individuals' names, trade names, character of organizations, mailing 
and/or operating addresses, ownership information, names and locations 
where business is conducted, telephone numbers, employing official 
agencies, birth months and years, license numbers, and signatures of 
licensees.
    When FGISonline is completed, GIPSA's customers will have online 
access to the information and applications they need to request grain 
inspection services; receive reports on service status; view the status 
of their user-fee accounts; and receive final certified results online 
which, in turn, will allow customers to integrate official inspection 
data into their own information and document management systems. 
Official service providers who are interested in providing official 
inspection services will also be able to apply for GIPSA designation 
and re-designation online. Once officially designated, these providers 
will have direct access through the Internet to GIPSA's extensive 
quality assurance program to ensure that their inspection results align 
with the official standards that are maintained by GIPSA. This 
modernization effort will create synergy across GIPSA programs and data 
sources, allowing GIPSA to improve internal program efficiencies and 
effectiveness.
    A ``Report on an Updated 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 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 14, 2010.
Thomas J. Vilsack,
Secretary.
USDA/GIPSA-2

SYSTEM NAME:
    GIPSA FGISonline.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    This system of records is under the control of the Deputy 
Administrator, Federal Grain Inspection Service, U.S. Department of 
Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system of records include persons who 
are licensed under the USGSA and/or AMA to perform official grain 
inspection and weighing services, persons who are registered under the 
USGSA to engage in foreign commerce grain business, and persons who 
operate private businesses that have been designated to provide 
official services.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The different categories of records in this system include 
applications for license, registration, and designation; official 
inspection, testing, and weighing data for grain, rice, pulses, graded 
commodities, and processed commodities; equipment data; and customer 
information. Information collected includes names of individuals 
applying for a license, home addresses, birth months and years, license 
numbers, signatures of licensees, employing official agencies' names 
and addresses, and licensees' examinations and score sheets; 
registrants' names, trade name, character of organizations, mailing 
and/or operating addresses, ownership information, names and locations 
where business is conducted, and telephone numbers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    7 U.S.C. 77, 79, 79a, 79b, 84, 87f-1; and 7 U.S.C. 1622.

AGENCY OFFICIAL RESPONSIBLE FOR THE SYSTEM OF RECORDS:
    Deputy Administrator, Federal Grain Inspection Service, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Washington, 
DC 20250.

PURPOSE(S):
    FGISonline will give GIPSA's customers online access to the 
information and applications they need to request grain inspection 
services; receive reports on service status; see the status of their 
user-fee account; and receive final certified results online, which, in 
turn, will allow customers to integrate official inspection data into 
their own information management systems. Private and State inspection 
agencies interested in being authorized to provide official inspection 
services will also be able to apply for GIPSA designation and re-
designation online. Once officially designated, these agencies will 
have direct access through the Internet to GIPSA's extensive quality 
assurance program to ensure that their inspection results align with 
the official standards maintained by GIPSA.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The information collected and maintained in the FGISonline system 
of records is used to administer and to enforce the provisions under 
the

[[Page 80036]]

USGSA and AMA. Such provisions include the mandatory inspection and 
weighing of export grain; the registration of entities involved in 
foreign commerce grain business; the licensing of individuals who 
perform official services; the delegation and designation of official 
service providers; and providing certain inspection and standardization 
activities related to rice, pulses, lentils, and processed grain 
products such as flour and corn meal, as well as other agricultural 
commodities.
    Records in this system may be disclosed as follows to:
    1. The Department of Justice when the agency or any component 
thereof; any employee of the agency in his or her official capacity 
where the Department of Justice has agreed to represent the employee; 
or the United States Government is a party to litigation or has an 
interest in such litigation, and by careful review, the agency 
determines that the records are both relevant and necessary to the 
litigation and the use of such records by the Department of Justice is 
therefore deemed by the agency to be for a purpose that is compatible 
with the purpose for which the agency collected the records.
    2. A court or adjudicative body in a proceeding when the agency or 
any component thereof, any employee of the agency in his or her 
official capacity; any employee of the agency in his or her individual 
capacity where the agency has agreed to represent the employee; or the 
United States Government is a party to litigation or has an interest in 
such litigation, and by careful review, the agency determines that the 
records are both relevant and necessary to the litigation and the use 
of such records is therefore deemed by the agency to be for a purpose 
that is compatible with the purpose for which the agency collected the 
records.
    3. When a record on its face, or in conjunction with other records, 
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 regulation, rule, or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether Federal, foreign, State, local, or tribal, or other 
public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative, or prosecutorial responsibility of the receiving entity.
    4. A Member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional office made at the written 
request of the constituent about whom the record is maintained.
    5. The National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted pursuant to 44 U.S.C. 2904 and 2906.
    6. Appropriate agencies, entities, and persons when: (a) GIPSA 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) USDA 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 USDA or another agency 
or entity) that rely upon the compromised information; and (c) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with USDA's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICE FOR STORING, RETRIEVING, ACCESSING, RETAINING AND 
DISPOSING OF RECORDS IN THE SYSTEM STORAGE:
    Electronic records are maintained on a file server. Paper files and 
electronic media are maintained in physically secured rooms at USDA.

RETRIEVABILITY:
    Records can be accessed by customer name, applicant name, business 
entity name, licensee name, license number.

SAFEGUARDS:
    Only authorized USDA personnel will have access to the records in 
the system. Permission level assignments allow users access only to 
those functions for which they are authorized. Users are granted system 
access upon successful completion of security training, and each user 
is provided with a unique and strong user-identification. Electronic 
records are controlled through Federal, USDA, and GIPSA security 
requirements; they are password protected; and access is limited to 
those who have an official need to know. Paper records are maintained 
in locked cabinets and in desks that are located in physically secured 
rooms.

RETENTION AND DISPOSAL:
    The retention of data in the system is in accordance with 
applicable USDA Records Disposition Schedules, as approved by the 
National Archives and Records Administration. Hard copy records are 
maintained by varying periods of time, and temporary records are 
disposed of by shredding when the retention period is complete.

SYSTEM MANAGER AND ADDRESS:
    Deputy Administrator, Federal Grain Inspection Service, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Washington, 
DC 20250.

NOTIFICATION PROCEDURES:
    Individuals may request information regarding this system of 
records and/or information on whether the system contains records 
pertaining to them from the system manager identified above. Any 
individual requesting such information must provide his or her name and 
address.

RECORD ACCESS PROCEDURE:
    Any individual may obtain information from a record in the system 
which pertains to him/her by submitting a written request to the 
Privacy Act Officer, Management and Budget Services, USDA-GIPSA, 1400 
Independence Avenue, SW., STOP 3642, Washington, DC 20250. The envelope 
and letter should be marked ``Privacy Act Request'' and should include 
the name, address, and any other particulars of the individual for 
which the request is made.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their requests to the system manager listed 
above, state the reason(s) for contesting the information, and provide 
all available documentation to support the requested action.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by GIPSA employees at 
service locations to their customers; official service providers; 
applicants requesting export registration, applicants requesting that 
they be designated to become an official service provider, and 
applicants requesting that they be licensed to perform official 
services under the USGSA. Personal information in this system is 
obtained from the owners and officers who operate as official service 
providers and from individuals who are licensed under the USGSA to 
perform official services. The information is provided on applications 
for

[[Page 80037]]

registration, for designation, and for license.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2010-31939 Filed 12-20-10; 8:45 am]
BILLING CODE 3410-KD-P