Privacy Act of 1974: Notice of Proposed Privacy Act System of Records Revision, 62035-62038 [2011-25814]

Agencies

• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62035-62038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25814]


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Notices
                                                Federal Register
________________________________________________________________________

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. 76, No. 194 / Thursday, October 6, 2011 / 
Notices

[[Page 62035]]



DEPARTMENT OF AGRICULTURE


Privacy Act of 1974: Notice of Proposed Privacy Act System of 
Records Revision

AGENCY: Office of Homeland Security and Emergency Coordination, 
Departmental Management, 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), 
Departmental Management (DM), Office of Homeland Security and Emergency 
Coordination (OHSEC), is giving notice of a system of records that is 
maintained for the purpose of the Radiation Safety Management System 
(RSMS). The RSMS was developed by the Radiation Safety Division, a 
component of USDA's DM, as a tool for the management of the USDA's 
radiation safety information and records. The RSMS is an online, Web-
based database management system that is used only by USDA employees 
and the Radiation Safety Division (RSD) of USDA to manage information 
required by the Nuclear Regulatory Commission (NRC).

DATES: Effective Date: This notice will be effective without further 
notice on December 5, 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 November 7, 2011 to be ensured 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.
     Information Hotline: (202) 720-2791.
     Fax: (301) 504-2450.
     Mail: Radiation Safety Division (RSD) 5601 Sunnyside 
Avenue, MS 5510, Beltsville, MD 20705.
     Hand Delivery or Courier: Radiation Safety Division (RSD) 
14th & Independence Avenue, SW., Mail Stop: 5010, Washington, DC 20250-
9338.
     E-mail: Maureen Davis, Project Manager of Radiation 
Management Division, RSMS, at maureen.davis@usda.gov.
    Instructions: All comments will become a matter of public record 
and should be identified as ``RSMS 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 the 
Radiation Management Division at (301) 504-2440 to make an appointment 
to read comments.

FOR FURTHER INFORMATION CONTACT: Maureen Davis, Project Manager of the 
Radiation Management Division, at (301) 504-2440.

SUPPLEMENTARY INFORMATION: The RSMS is an application for managing data 
on radioactive materials across the United States (and possibly outside 
the U.S.) that are used by and in support of USDA employees. The RSMS 
is a comprehensive radiation safety program that ensures the protection 
of USDA's employees and the general public from harmful effects of 
radiation and ensures compliance with applicable regulations. USDA 
utilizes radiation materials in support of a number of mission areas to 
include:
     Control of invasive pests and prevent pest infestations;
     Domestic animal disease control programs;
     Food safety programs; and
     Research into animal and plant health.

The control and monitoring of radiation materials is a public health 
and safety concern as identified by the Atomic Energy Act of 1954, 42 
U.S.C. 2011 et seq. The RSMS supports the Department's public health 
concerns by tracking radiation materials within USDA possession and 
maintaining records of radiation exposure by USDA employees.
    NRC regulates the possession and use of radioactive materials in 
the United States by issuing licenses directly to individuals or 
organizations or by authorizing and reviewing State programs that issue 
State licenses. USDA has an NRC license that permits USDA to process 
and use radioactive materials at all of its locations within the U.S. 
In addition to radioactive materials licensed by the NRC, the USDA 
Radiation Safety Program tracks the uses of naturally occurring and 
accelerator produced radioactive materials and x ray producing 
material.
    The USDA Radiation Safety Program consists of the Radiation Safety 
Committee (RSC) and the Radiation Safety Division (RSD). The RSC is a 
policymaking committee that meets quarterly and is required by the NRC 
license. The RSD is the operational safety headquarters for all USDA 
agencies and locations, and it implements a comprehensive program that 
protects USDA employees and the public from the harmful effects of 
radiation. The RSD also ensures compliance with applicable regulations. 
For USDA program activities involving the use of radioactive materials 
or x ray producing equipment, RSD issues and maintains permits, 
conducts field inspections, and provides assistance resolving employee 
concerns or questions regarding radiation safety. It also provides 
advice and assistance in USDA's role in the Federal response to 
radiological emergencies.
    In certain USDA programs, unsealed isotopes are used as radio-
chemical laboratory research tools. Portable nuclear gauges are used to 
make water measurements in soil and for road and dam construction. 
Irradiators, which emit intense gamma radiation, are used to irradiate 
in insect sterilization and control programs and for other purposes. 
Electron capture detectors are used as a component of gas 
chromatographs in research labs. X ray fluorescence analyzers are used 
in the field to verify the presence or absence of the hazardous 
materials such as lead paint. X ray producing equipment is also used 
for various programs.
    The RSD issues permits directly to USDA employees (Radiation Safety 
permit holders), which authorize the employee to possess and use 
radioactive materials or x ray producing equipment at USDA locations. 
The permits enable the RSD to maintain control of unsealed radioactive 
materials inventories, radioactive sealed sources, and x ray producing 
equipment by tracking

[[Page 62036]]

isotope possession limits, acquisitions, transfers, and disposals. The 
permits are maintained in a computer database.
    NRC requires that USDA track radioactive materials from acquisition 
to disposal. Only Radiation Safety permit holders who have the 
requisite training are allowed to acquire, store, use, and manage these 
materials. The information within the RSMS is requested by USDA's 
Radiation Safety Committee to evaluate an individual's qualifications 
to obtain and use radioactive materials or x ray producing equipment.
    The information requested is maintained in accordance with 42 
U.S.C. 2111, 2201. It is used to track the materials for the life of 
the material pursuant to NRC regulations.
    The users of the RSMS consist only of qualified USDA employees, 
including: the Radiation Safety Division, Location Radiation Protection 
Officers, Permit Holders, Associate Users, and Radiation Safety 
Committee. The internal users use the system to manage the data needed 
to comply with NRC regulations. The RSMS assists USDA employees by 
collecting data that is used to create reports for Area Managers in 
USDA agencies: Natural Resources Conservation Service, Agricultural 
Research Service, Agricultural Marketing Service, Animal and Plant 
Health Inspection Service, and Food Safety and Inspection Service. 
Reports are also provided to the NRC.

    Signed at Washington, DC, on September 30, 2011.
Thomas J. Vilsack,
Secretary.
USDA/OHSEC-1

SYSTEM NAME:
    Radiation Safety Management System (RSMS).

SECURITY CLASSIFICATION:
    Sensitive But Unclassified (SBU).

SYSTEM LOCATION:
    The RSMS servers are located on the Departmental Administration 
(DA) General Support System (GSS) located in Washington, DC and in 
Beltsville, MD. Paper records are located ------------?

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system covers RSMS users, all of whom are USDA employees, 
including the Radiation Safety Division (RSD), Location Radiation 
Protection Officers, Permit Holders, Associate Users, and Radiation 
Safety Committee (RSC).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records covered by this system of records include: 
USDA employee's user name, e-mail address, level of education, work 
address, work phone number, gender, and user ID.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    USDA collects this information pursuant to 42 U.S.C. 2111, 2201 and 
7 CFR 2.24(a)(8)(ii).

AGENCY OFFICIAL RESPONSIBLE FOR THE SYSTEM OF RECORDS:
    Director of Radiation Security Division, Office of Homeland 
Security and Emergency Coordination, Departmental Management, U.S. 
Department of Agriculture, 5601 Sunnyside Avenue, MS 5510, Beltsville, 
MD 20705.

PURPOSE:
    These records are used by USDA personnel to track the use of 
radioactive material and x-ray producing equipment in order to comply 
with NRC requirements and to ensure the safety of USDA personnel and 
the public.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The agency will disclose information from this system:
    (1) 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 or 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.
    (2) 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 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 prosecutive responsibility of the receiving entity.
    (4) To 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) 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.
    (6) 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).
    (7) To appropriate agencies, entities, and persons when: (a) USDA 
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.
    (8) To the NRC, per regulation, by USDA's Radiation Safety 
Committee for the secure control, maintenance, and tracking of all 
radiation materials and

[[Page 62037]]

all employees holding Radiation Permits.

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 the USDA 
data center located in Washington, DC.

RETRIEVABILITY:
    Information is retrieved by USDA employee's user name, e-mail 
address, work address, work phone number, and user ID.

SAFEGUARDS:
    The electronic data files for the RSMS are maintained in 
Washington, DC. A backup of the RSMS is maintained in Beltsville, MD. 
Control measures implemented to prevent misuse of accessible data 
include unique user identification, a password protection protocol, and 
limitation of user roles through compartmentalization of allowed 
access. Agency-implemented cyber security measures and firewalls are 
built into the application user interface to monitor the use of the 
RSMS. The hard copy components of the system and computer files, tapes, 
and disks are kept in a safeguarded environment with access only by 
authorized personnel.

RETENTION AND DISPOSAL:
    Some data from the RSMS containing employee information are 
periodically purged from the system in accordance with approved records 
retention schedules; however, data and employee information related to 
radioactive material is maintained in accordance with NRC regulations, 
due to the sensitivity of radioactive material. The retention periods 
vary depending on the data type:
     Survey Records: 3 years.
     Lab Surveys: 3 years.
     Leak Tests: 5 years.

SYSTEM MANAGER(S) AND ADDRESS:
    The mailing address for the System Manager is 5601 Sunnyside 
Avenue, MS 5510, Beltsville, MD 20705.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Headquarters or component's 
Freedom of Information Act (FOIA) Official, whose contact information 
can be found at https://www.dm.usda.gov/foia.htm under ``Where to Send 
Requests.'' If an individual believes that more than one component 
maintains Privacy Act records concerning him or her, he or she may 
submit the request to the Chief Privacy Act Officer, Department of 
Agriculture, 1400 Independence Avenue, SW., Room 408-W, Washington, DC 
20250. When seeking records about yourself from this system of records 
or any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief FOIA 
Officer, Department of Agriculture, 1400 Independence Avenue, SW., 
Washington, DC 20250. In addition, you should do the following:
     Provide an explanation of why you believe the Department 
would have information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which USDA component agency may have responsive 
records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records. Without 
this bulleted information, the component(s) may not be able to conduct 
an effective search, and your request may be denied due to lack of 
specificity or lack of compliance with applicable regulations.

RECORD ACCESS PROCEDURES:
    See ``Notification procedures'' above.

CONTESTING RECORD PROCEDURES:
    See ``Notification procedures'' above.

RECORD SOURCE CATEGORIES:
    Information is obtained from the individual.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
PRIVACY ACT SYSTEM USDA-OHSEC-1

SYSTEM NAME:
    Radiation Safety Management System (RSMS).

NARRATIVE STATEMENT:
    The Radiation Safety Management System (RSMS) is an online, Web-
based database management system that is used only by USDA employees to 
manage information required by the Nuclear Regulatory Commission (NRC). 
The application allows USDA's Radiation Safety Division to manage data 
on radioactive materials that are used by and in support of USDA 
employees. The RSMS is part of a comprehensive radiation safety program 
that ensures the protection of USDA's employees and the general public 
from harmful effects of radiation and ensures compliance with 
applicable regulations. USDA employees utilize radiation materials in 
support of a number of mission areas including:
     Control of invasive pests and prevent pest infestations;
     Domestic animal disease control programs;
     Food safety programs; and
     Research into animal and plant health.
    The control and monitoring of radiation materials is a public 
health and safety concern as identified by the Atomic Energy Act of 
1954, 43 U.S.C. 2011 et seq. The RSMS supports the Department's public 
health concerns by tracking radiation materials within USDA possession 
and maintaining records of radiation exposure by USDA employees. NRC 
regulates the possession and use of radioactive materials by issuing 
licenses directly to individuals or organizations. USDA has an NRC 
license that permits it to process and use radioactive materials at all 
of its locations within the U.S. In addition, USDA's Radiation Safety 
Program tracks the use of naturally occurring and accelerator-produced 
radioactive materials and x ray producing material. USDA's Radiation 
Safety Division (which is part of the agency's Radiation Safety 
Program) issues permits directly to USDA employees, authorizing them to 
possess and use radioactive materials or x ray producing equipment. The 
RSMS assists in tracking and evaluating qualifications of employees 
with permits, as well as the movement of radioactive materials.
    Due to the sensitive nature of data maintained in the RSMS, the 
system adheres to the National Institute of Standards and Technology 
Special Publication 800-53 security controls and Federal Information 
Processing

[[Page 62038]]

Systems 199 and 200. Moreover, specific USDA security requirements are 
adhered to through the USDA Cyber Security Manuals, including, but not 
limited to, DM3545-000 Personnel Security.
    The RSMS contains personal information about USDA employees, 
including name, work telephone number, e-mail, work address, user ID, 
level of education, and gender. The information collected by the RSMS 
is necessary to determine the location of radiation material.
    To address privacy issues and ensure protection of information 
provided by customers and employees, the RSD has completed a privacy 
impact assessment (PIA). It has been posted on the USDA Privacy Policy 
Web site. The PIA provides detailed information about steps taken by 
the agency to minimize the risk of unauthorized access to the system. 
These steps include role-based access controls; data encryption in 
transmission; physical and environmental protection; auditing; 
configuration management; and contingency planning. User identification 
and authentication are also provided in the form of unique user IDs and 
passwords that are issued to USDA personnel. The RSMS computing 
equipment is stored in a secure computer room, and physical access is 
restricted to approved USDA personnel.
    The electronic data files for the RSMS are maintained in 
Washington, DC.
    A backup of the RSMS is maintained in Beltsville, MD. Control 
measures implemented to prevent misuse of accessible data include 
unique user identification, a password protection protocol, and 
limitation of user roles through compartmentalization of allowed 
access. Agency-implemented cyber security measures and firewalls are 
built into the application user interface to monitor the use of the 
RSMS. The hard copy components of the system and computer files, tapes, 
and disks are kept in a safeguarded environment with access only by 
authorized personnel.
    Information will be disclosed: To the Department of Justice or a 
court or adjudicative body in a proceeding when the agency determines 
that the information is relevant and necessary to litigation involving 
the United States or its employees; to the appropriate agency 
responsible for enforcing violations when a record on its face 
indicates a violation of law; to a Member of Congress at the written 
request of his or her constituent about whom the record is maintained; 
to the National Archives and Records Administration or the General 
Services Administration for records management inspections; to agency 
contractors or others engaged by the agency to assist in performing 
agency services; to the appropriate agencies or entities if USDA 
suspects the confidentiality or security of the information was 
compromised; and to the NRC.

Supporting Documentation:
    Systems Notice: The Department of Agriculture has attached advance 
copies of the Federal Register notice of the new system of records.

[FR Doc. 2011-25814 Filed 10-5-11; 8:45 am]
BILLING CODE 3412-BA-P