Privacy Act of 1974; New System of Records, 18145-18147 [2011-7724]
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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices
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information collection requirements are
essential to carry out the intent of the
Act, to provide the respondents the type
of service they request, and to
administer the marketing order
programs.
Description of Respondents: Business
for profit; farms.
Number of Respondents: 97.
Frequency of Responses: Reporting:
On occasion; weekly; quarterly;
recordkeeping.
Total Burden Hours: 5,498.
Agricultural Marketing Service
Title: Livestock & Meat Market News.
OMB Control Number: 0581–0154.
Summary of Collection: The
Agricultural Marketing Act of 1946 (7
U.S.C. 1621), Section 203(q), directs and
authorizes the collection and
dissemination of marketing information
including adequate outlook information,
on a market area basis, for the purpose
of anticipating and meeting consumer
requirements aiding in the maintenance
of farm income and to bring about a
balance between production and
utilization. Livestock and Meat Market
News provides a timely exchange of
accurate and unbiased information on
current marketing conditions affecting
trade in livestock, meats, grain, and
wool. Administered by the U.S.
Department of Agriculture’s
Agricultural Marketing Service (AMS),
this nationwide market news program is
conducted in cooperation with
approximately 27 States departments of
agriculture. AMS will collect
information using market reports.
Need and Use of the Information: The
information provided by respondents
initiates market news reporting, which
must be timely accurate, unbiased, and
continuous if it is to be meaningful to
the industry. AMS will collect
information on price, supply, demand,
trends, movement, and other
information of livestock, meat carcasses,
meat and pork cuts, and meat
byproducts. Several agencies,
agricultural universities and college use
the information collected to keep
appraised of the current market
conditions, movement of livestock and
meat in the United States and to
determine available supplies and
current pricing.
Description of Respondents: Business
or other for-profit; individuals or
households.
Number of Respondents: 990.
Frequency of Responses: Reporting:
Weekly; other (daily).
Total Burden Hours: 10,391.
Agricultural Marketing Service
Title: Pistachios Grown in California,
Arizona and New Mexico.
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OMB Control Number: 0581–0215.
Summary of Collection: The Pistachio
Marketing Order, (7 CFR part 983),
covering pistachios grown in California,
Arizona and New Mexico is established
and regulated under the Agricultural
Marketing Agreement Act of 1937, Secs.
1–19, 48 Stat. 31, as amended, (7 U.S.C.
601–674), herein referred to as the Act.
The order regulates the handling of
pistachios, authorizes grade and size
requirements, as well as a requirement
for aflatoxin testing on domestic
shipments only. The Secretary is
authorized to oversee the order
operations and issue regulations
recommended by representatives from
the Pistachio Committee.
Need and Use of the Information: The
Agricultural Marketing Service has
developed forms as a convenience for
handlers and producers who are
required to file certain information with
the Committee relating to pistachio
supplies, shipments, dispositions, and
other information needed to effectively
implement the requirements of the order
and carry out the purposes of the Act.
Collecting data less frequently would
eliminate the Secretary’s ability to
administer the order.
Description of Respondents: Business
or other for profit; farms.
Number of Respondents: 920.
Frequency of Responses: Reporting:
On occasion; weekly; monthly;
quarterly; annually.
Total Burden Hours: 432.
Agricultural Marketing Service
Title: USDA Farmers Market
Application.
OMB Control Number: 0581–0229.
Summary of Collection: The
Agricultural Marketing Act of 1946 (7
U.S.C. 1622(n) authorizes the Secretary
to conduct services and to perform
activities that will facilitate the
marketing and utilization of agricultural
products through commercial channels.
The Agricultural Marketing Service
(AMS) is authorized to implement
established regulations and procedures
under 7 CFR part 170 for AMS to
operate the U.S. Department of
Agriculture (USDA) Farmers Market,
specify vendor criteria and selection
procedures, and define guidelines to be
used for governing the USDA Farmers
Market annually. Information will be
collected on form TM–28, ‘‘USDA
Farmers Market Application.’’
Need and Use of the Information: The
application was developed to ensure a
uniform and fair process for deciding
which farm operations are allowed to
participate in the market, as well as
ensure diversity of product for
consumers. AMS will collect
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18145
information to review the type of
products available for sale and selecting
participants for the annual market
season. The information collected
consists of (1) Certification that the
applicant is the owner or a
representative of the farm or business;
(2) name(s), address, telephone number
and email address; (3) farm or business
location; (4) types of products grown; (5)
business practices; and (6) insurance
coverage.
Description of Respondents: Business
or other for-profit; farms.
Number of Respondents: 30.
Frequency of Responses: Reporting:
Annually.
Total Burden Hours: 4.
Charlene Parker,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2011–7647 Filed 3–31–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act of 1974; New System of
Records
Office of the Secretary, USDA.
Notice of a new system of
AGENCY:
ACTION:
records.
In accordance with the
Privacy Act of 1974, as amended, the
Department of Agriculture (USDA) is
proposing to add a new Forest Service
system to its inventory of records
systems. USDA invites public comment
on this new records system.
DATES: Comments must be received in
writing, on or before May 2, 2011. This
system will be adopted without further
notice, on May 31, 2011, unless
modified to respond to comments
received from the public and published
in a subsequent notice.
ADDRESSES: Send written comments to
the Forest Service Freedom of
Information Act and Privacy Act Officer,
USDA Forest Service, 1400
Independence Avenue, SW., Mail Stop
1143, Washington, DC 20250–1143.
Comments may also be sent via e-mail
to wo_foia@fs.fed.us, or via facsimile to
(202) 260–3245.
FOR FURTHER INFORMATION CONTACT:
Sherry L. Turner, Freedom of
Information Act and Privacy Act Officer,
USDA Forest Service, 1400
Independence Avenue, SW., Mailstop
1143, Washington, DC 20250–1143,
wo_foia@fs.fed.us, (202) 205–1542.
Individuals who use telecommunication
devices for the deaf (TDD) may call the
SUMMARY:
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18146
Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices
Federal Relay Service (FRS) at 1–800–
877–8339 between 8 a.m. and 8 p.m.,
Eastern Standard time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
Established in 1905, the Forest Service
is an agency of the U.S. Department of
Agriculture. The mission of USDA’s
Forest Service is to sustain the health,
diversity, and productivity of the
Nation’s forests and grasslands that
encompass 193 million acres of land, to
meet the needs of present and future
generations.
The purpose of this system is to allow
USDA’s Forest Service to maintain
records for agency compliance and
administration of the FOIA and PA
laws. This system contains information
on individuals who request copies of
Forest Service records, file
administrative appeals, request
corrections or amendments, or file
subsequent lawsuits under the
provisions of the FOIA and PA.
A report of the new system of records,
required by 5 U.S.C. 552a(r) as
implemented by 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, U.S. House of
Representatives; and the Administrator,
Office of Information and Regulatory
Affairs, OMB.
Dated: March 18, 2011.
Thomas J. Vilsack,
Secretary.
SYSTEM NAME:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who request copies of
Forest Service records, file
administrative appeals, request
correction or amendment, and file
subsequent lawsuits under the
provisions of the FOIA or PA.
CATEGORIES OF RECORDS IN THE SYSTEM:
A copy of the request, appeal, request
for correction/amendment, or
subsequent lawsuit received including
name, affiliation, address, telephone
number, e-mail address; description of
records requested, appealed, or litigated;
copy of records that were provided or
denied; copy of all correspondence
related to the request to include final
determinations; billing information to
include payment delinquencies; case
notes; and litigation records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Freedom of Information Act 5 U.S.C.
552, Privacy Act of 1974, 5 U.S.C. 552a,
as amended.
PURPOSE(S):
The FOIA records are used and
maintained by the Forest Service to
record, control, and determine status of
FOIA cases; and to prepare a mandatory
annual FOIA report to the U.S.
Department of Justice. The PA records
are used and maintained by the Forest
Service to record, control, and
determine the status of requests to
correct or amend appeals and litigation.
Both the FOIA and PA records are used
to produce status reports for Forest
Service management and to serve as a
point of reference for all events and
documents pertinent to each case.
Freedom of Information Act and
Privacy Act Files, USDA/FS–61.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SECURITY CLASSIFICATION:
1. Disclose to another Federal agency
in connection with a referral or
consultation to that agency for its views
or decision on disclosure; or in order to
obtain advice and recommendations
that may be useful to the Forest Service
in making the required determination
under the FOIA and PA.
2. Disclose to the Department of
Justice when: (a) The agency or any
component thereof; or (b) any employee
of the agency in his or her official
capacity where the Department of
Justice has agreed to represent the
employee; or (c) 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
None.
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SYSTEM LOCATION:
The records in this system are
collected in a Web-based system located
on servers in Kansas City, Kansas. Paper
records are located at the Forest Service
Freedom of Information Act (FOIA) and
the Privacy Act (PA) Offices located in
Washington, DC, as well as the FOIA
and PA Coordination offices
nationwide. The addresses for the
Regions, Stations, International Institute
for Tropical Forestry, and Forests are
listed in 36 CFR part 200, subpart A;
and the addresses for Districts are in the
telephone directory of the applicable
locality under the heading, United
States Government, Department of
Agriculture, Forest Service.
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agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records.
3. Disclose to a court or adjudicative
body in a proceeding when: (a) The
agency or any component thereof; or (b)
any employee of the agency in his or her
official capacity; or (c) any employee of
the agency in his or her individual
capacity where the agency has agreed to
represent the employee; or (d) the
United States Government, is a party to
the 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.
4. Disclose 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 or implementing the statute,
or rule, regulation, or order issued
pursuant thereto, if the information
disclosed is relevant to any
enforcement, regulatory, investigative,
or prosecutive responsibility of the
receiving entity.
5. Disclose to a Member of Congress
or 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.
6. Disclose to the National Archives
and Records Administration or to the
General Services Administration for
records management inspections
conducted under 44 U.S.C. 2904 and
2906.
7. Disclose to agency contractors,
grantees, experts, consultants, or
volunteers who have been engaged by
the agency to assist in the performance
of a service related to this system of
records and who need to have access to
the records in order to perform the
activity. Recipients shall be required to
comply with the requirements of the
Privacy Act of 1974, as amended,
pursuant to 5 U.S.C. 552a(m).
8. Disclose to appropriate agencies,
entities, and persons when: (1) The
Department suspects or has confirmed
that the security or confidentiality of
information in the system of records has
been compromised; (2) the Department
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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices
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:
All electronic information is
maintained in a web-based database and
stored on secured servers in Kansas
City, Kansas. Hard copy records are
retrieved by name and unique request
identification number in locked file
cabinets in secured office buildings.
RETRIEVABILITY:
Electronic records are indexed and
retrieved electronically using multiple
queries including name and unique
request identification number, or other
criteria. Hard copy records are retrieved
by name of the requester and unique
request identification number.
SAFEGUARDS:
All electronic information is
maintained in a secure, passwordprotected, web-based database and
stored on secured servers in Kansas
City, Kansas. Hard copy records are
maintained in locked file cabinets in
secured office buildings. Only
specifically authorized individuals can
access the information.
RETENTION AND DISPOSAL:
All electronic and hard copy records
are maintained under file code 6270 and
retained and disposed of in accordance
with the appropriate General Records
Schedules of the National Archives and
Records Administration. Electronic
records are deleted, and paper records
are shredded and destroyed.
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SYSTEM MANAGER(S) AND ADDRESS:
Freedom of Information Act and
Privacy Act Officer, USDA Forest
Service, 1400 Independence Avenue,
SW., Mailstop 1143, Washington, DC,
20250–1143, wo_foia@fs.fed.us, (202)
205–1542.
NOTIFICATION PROCEDURE:
Any individual may request
information regarding this system of
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records or information as to whether the
system contains records pertaining to
him or her from the system manager
listed above. The request should be in
writing and should contain the name
and address of the requester.
RECORD ACCESS PROCEDURES:
Use the same procedures as those
prescribed in Notification procedures.
CONTESTING RECORD PROCEDURES:
Use the same procedures as those
described in Notification procedures.
RECORD SOURCE CATEGORIES:
Individuals who submit requests for
information pursuant to the FOIA and
PA, the agency records obtained in the
process of responding to such requests
and appeals, and Forest Service
personnel who handle such requests
and appeals.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
U.S. Department of Agriculture; Privacy
Act System of Records; Freedom of
Information Act and Privacy Act Case
Files USDA/FS–61; Narrative Statement
The purpose of the proposed system
is to provide the United States
Department of Agriculture’s (USDA)
Forest Service (FS) the capability to
record, control, and determine the status
of Freedom of Information Act (FOIA)
and Privacy Act (PA) cases, and to
prepare a mandatory annual FOIA
report to the U.S. Department of Justice.
The FOIA and PA Case files are
managed by the Office of Regulatory and
Management Services Freedom of
Information Act/Privacy Act staff. The
Forest Service is the administrative
agency for this system.
The authority for maintaining this
system of records is the Freedom of
Information Act, 5 U.S.C. 552; and the
Privacy Act of 1974, 5 U.S.C. 552a, as
amended.
The information gathered is
voluntarily submitted by individuals
who request agency records pursuant to
the FOIA and PA. The system of records
consists of a copy of the request, appeal,
request for correction/amendment, or
subsequent lawsuit received; a
description of the records requested,
appealed, or litigated; a copy of records
that were provided or denied; a copy of
all correspondence related to the case to
include final determinations; billing
information to include payment
delinquencies; and case notes.
Information collected includes the
individual’s name, address, telephone
number, and email address.
The records will be accessible only to
authorized agency personnel who need
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18147
to view the information in order to
conduct their assigned duties. All
electronic information is maintained by
the Forest Service in a web-based
database and stored on secured servers
in Kansas City, Kansas. Hard copy
records are retrieved by name and
unique request identification number in
lockable file cabinets in office buildings
that require USDA employee
identification badges or visitors passes
to enter.
The system provides for the following
routine use disclosures that are
necessary and proper for the agency’s
administration of its duties in
connection with the operation of the
FOIA/PA program: in connection with a
referral or consultation with another
agency; in connection with litigation;
for law enforcement purposes; for
responses to Congressional inquiries; to
the National Archives and Records
Administration and the General
Services Administration for records
inspections; on a limited basis to
entities engaged by the agency in the
performance of a service; and in
connection with information security
breaches in order to protect the interests
of the individuals covered by the
system. While these routine uses allow
disclosures outside USDA, and so have
some impact on privacy of individuals,
they are either necessary for carrying
out the agency mission and minimizing
waste, fraud, and abuse, are required by
law, or benefit the subjects of the
records. On balance, the needs of the
agency and the benefits to the
individuals of these disclosures justify
the minimal impact on privacy.
The system of records is not exempt
from any provisions of the Privacy Act.
[FR Doc. 2011–7724 Filed 3–31–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS–TM–11–0029; TM–11–02]
Notice of Request for Approval of a
New Information Collection
Agricultural Marketing Service,
USDA.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35), this notice
announces the Agricultural Marketing
Service’s (AMS) intention to request
approval, from the Office of
Management and Budget, for a new
SUMMARY:
E:\FR\FM\01APN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Pages 18145-18147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7724]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Privacy Act of 1974; New System of Records
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Department of Agriculture (USDA) is proposing to add a new Forest
Service system to its inventory of records systems. USDA invites public
comment on this new records system.
DATES: Comments must be received in writing, on or before May 2, 2011.
This system will be adopted without further notice, on May 31, 2011,
unless modified to respond to comments received from the public and
published in a subsequent notice.
ADDRESSES: Send written comments to the Forest Service Freedom of
Information Act and Privacy Act Officer, USDA Forest Service, 1400
Independence Avenue, SW., Mail Stop 1143, Washington, DC 20250-1143.
Comments may also be sent via e-mail to wo_foia@fs.fed.us, or via
facsimile to (202) 260-3245.
FOR FURTHER INFORMATION CONTACT: Sherry L. Turner, Freedom of
Information Act and Privacy Act Officer, USDA Forest Service, 1400
Independence Avenue, SW., Mailstop 1143, Washington, DC 20250-1143,
wo_foia@fs.fed.us, (202) 205-1542. Individuals who use
telecommunication devices for the deaf (TDD) may call the
[[Page 18146]]
Federal Relay Service (FRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern Standard time, Monday through Friday.
SUPPLEMENTARY INFORMATION: Established in 1905, the Forest Service is
an agency of the U.S. Department of Agriculture. The mission of USDA's
Forest Service is to sustain the health, diversity, and productivity of
the Nation's forests and grasslands that encompass 193 million acres of
land, to meet the needs of present and future generations.
The purpose of this system is to allow USDA's Forest Service to
maintain records for agency compliance and administration of the FOIA
and PA laws. This system contains information on individuals who
request copies of Forest Service records, file administrative appeals,
request corrections or amendments, or file subsequent lawsuits under
the provisions of the FOIA and PA.
A report of the new system of records, required by 5 U.S.C. 552a(r)
as implemented by 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, U.S. House of Representatives; and the
Administrator, Office of Information and Regulatory Affairs, OMB.
Dated: March 18, 2011.
Thomas J. Vilsack,
Secretary.
System name:
Freedom of Information Act and Privacy Act Files, USDA/FS-61.
Security classification:
None.
System location:
The records in this system are collected in a Web-based system
located on servers in Kansas City, Kansas. Paper records are located at
the Forest Service Freedom of Information Act (FOIA) and the Privacy
Act (PA) Offices located in Washington, DC, as well as the FOIA and PA
Coordination offices nationwide. The addresses for the Regions,
Stations, International Institute for Tropical Forestry, and Forests
are listed in 36 CFR part 200, subpart A; and the addresses for
Districts are in the telephone directory of the applicable locality
under the heading, United States Government, Department of Agriculture,
Forest Service.
Categories of individuals covered by the system:
Individuals who request copies of Forest Service records, file
administrative appeals, request correction or amendment, and file
subsequent lawsuits under the provisions of the FOIA or PA.
Categories of records in the system:
A copy of the request, appeal, request for correction/amendment, or
subsequent lawsuit received including name, affiliation, address,
telephone number, e-mail address; description of records requested,
appealed, or litigated; copy of records that were provided or denied;
copy of all correspondence related to the request to include final
determinations; billing information to include payment delinquencies;
case notes; and litigation records.
Authority for maintenance of the system:
Freedom of Information Act 5 U.S.C. 552, Privacy Act of 1974, 5
U.S.C. 552a, as amended.
Purpose(s):
The FOIA records are used and maintained by the Forest Service to
record, control, and determine status of FOIA cases; and to prepare a
mandatory annual FOIA report to the U.S. Department of Justice. The PA
records are used and maintained by the Forest Service to record,
control, and determine the status of requests to correct or amend
appeals and litigation. Both the FOIA and PA records are used to
produce status reports for Forest Service management and to serve as a
point of reference for all events and documents pertinent to each case.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
1. Disclose to another Federal agency in connection with a referral
or consultation to that agency for its views or decision on disclosure;
or in order to obtain advice and recommendations that may be useful to
the Forest Service in making the required determination under the FOIA
and PA.
2. Disclose to the Department of Justice when: (a) The agency or
any component thereof; or (b) any employee of the agency in his or her
official capacity where the Department of Justice has agreed to
represent the employee; or (c) 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.
3. Disclose to a court or adjudicative body in a proceeding when:
(a) The agency or any component thereof; or (b) any employee of the
agency in his or her official capacity; or (c) any employee of the
agency in his or her individual capacity where the agency has agreed to
represent the employee; or (d) the United States Government, is a party
to the 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.
4. Disclose 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 or implementing the
statute, or rule, regulation, or order issued pursuant thereto, if the
information disclosed is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity.
5. Disclose to a Member of Congress or 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.
6. Disclose to the National Archives and Records Administration or
to the General Services Administration for records management
inspections conducted under 44 U.S.C. 2904 and 2906.
7. Disclose to agency contractors, grantees, experts, consultants,
or volunteers who have been engaged by the agency to assist in the
performance of a service related to this system of records and who need
to have access to the records in order to perform the activity.
Recipients shall be required to comply with the requirements of the
Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
8. Disclose to appropriate agencies, entities, and persons when:
(1) The Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department
[[Page 18147]]
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:
All electronic information is maintained in a web-based database
and stored on secured servers in Kansas City, Kansas. Hard copy records
are retrieved by name and unique request identification number in
locked file cabinets in secured office buildings.
Retrievability:
Electronic records are indexed and retrieved electronically using
multiple queries including name and unique request identification
number, or other criteria. Hard copy records are retrieved by name of
the requester and unique request identification number.
Safeguards:
All electronic information is maintained in a secure, password-
protected, web-based database and stored on secured servers in Kansas
City, Kansas. Hard copy records are maintained in locked file cabinets
in secured office buildings. Only specifically authorized individuals
can access the information.
Retention and disposal:
All electronic and hard copy records are maintained under file code
6270 and retained and disposed of in accordance with the appropriate
General Records Schedules of the National Archives and Records
Administration. Electronic records are deleted, and paper records are
shredded and destroyed.
System manager(s) and Address:
Freedom of Information Act and Privacy Act Officer, USDA Forest
Service, 1400 Independence Avenue, SW., Mailstop 1143, Washington, DC,
20250-1143, wo_foia@fs.fed.us, (202) 205-1542.
Notification procedure:
Any individual may request information regarding this system of
records or information as to whether the system contains records
pertaining to him or her from the system manager listed above. The
request should be in writing and should contain the name and address of
the requester.
Record access procedures:
Use the same procedures as those prescribed in Notification
procedures.
Contesting record procedures:
Use the same procedures as those described in Notification
procedures.
Record source categories:
Individuals who submit requests for information pursuant to the
FOIA and PA, the agency records obtained in the process of responding
to such requests and appeals, and Forest Service personnel who handle
such requests and appeals.
Exemptions claimed for the system:
None.
U.S. Department of Agriculture; Privacy Act System of Records; Freedom
of Information Act and Privacy Act Case Files USDA/FS-61; Narrative
Statement
The purpose of the proposed system is to provide the United States
Department of Agriculture's (USDA) Forest Service (FS) the capability
to record, control, and determine the status of Freedom of Information
Act (FOIA) and Privacy Act (PA) cases, and to prepare a mandatory
annual FOIA report to the U.S. Department of Justice. The FOIA and PA
Case files are managed by the Office of Regulatory and Management
Services Freedom of Information Act/Privacy Act staff. The Forest
Service is the administrative agency for this system.
The authority for maintaining this system of records is the Freedom
of Information Act, 5 U.S.C. 552; and the Privacy Act of 1974, 5 U.S.C.
552a, as amended.
The information gathered is voluntarily submitted by individuals
who request agency records pursuant to the FOIA and PA. The system of
records consists of a copy of the request, appeal, request for
correction/amendment, or subsequent lawsuit received; a description of
the records requested, appealed, or litigated; a copy of records that
were provided or denied; a copy of all correspondence related to the
case to include final determinations; billing information to include
payment delinquencies; and case notes. Information collected includes
the individual's name, address, telephone number, and email address.
The records will be accessible only to authorized agency personnel
who need to view the information in order to conduct their assigned
duties. All electronic information is maintained by the Forest Service
in a web-based database and stored on secured servers in Kansas City,
Kansas. Hard copy records are retrieved by name and unique request
identification number in lockable file cabinets in office buildings
that require USDA employee identification badges or visitors passes to
enter.
The system provides for the following routine use disclosures that
are necessary and proper for the agency's administration of its duties
in connection with the operation of the FOIA/PA program: in connection
with a referral or consultation with another agency; in connection with
litigation; for law enforcement purposes; for responses to
Congressional inquiries; to the National Archives and Records
Administration and the General Services Administration for records
inspections; on a limited basis to entities engaged by the agency in
the performance of a service; and in connection with information
security breaches in order to protect the interests of the individuals
covered by the system. While these routine uses allow disclosures
outside USDA, and so have some impact on privacy of individuals, they
are either necessary for carrying out the agency mission and minimizing
waste, fraud, and abuse, are required by law, or benefit the subjects
of the records. On balance, the needs of the agency and the benefits to
the individuals of these disclosures justify the minimal impact on
privacy.
The system of records is not exempt from any provisions of the
Privacy Act.
[FR Doc. 2011-7724 Filed 3-31-11; 8:45 am]
BILLING CODE 3410-11-P
