Privacy Act of 1974; New System of Records, 53759-53764 [2015-22085]
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53759
Notices
Federal Register
Vol. 80, No. 173
Tuesday, September 8, 2015
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Document Number AMS–NOP–15–0037;
NOP–15–11]
Notice of Meeting of the National
Organic Standards Board
Agricultural Marketing Service,
USDA.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, as
amended, (5 U.S.C. App.), the
Agricultural Marketing Service (AMS),
Department of Agriculture, is
announcing a meeting of the National
Organic Standards Board (NOSB) to
assist the Department in the
development of standards for substances
to be used in organic production and to
advise the Secretary of Agriculture on
any other aspects of the implementation
of Organic Foods Production Act.
DATES: The Board will hold two
webinars at which it will receive public
comment: October 13 and October 20,
from 1:00 p.m. to 4:00 p.m. Eastern
Time. A face-to-face meeting will be
held October 26–29, 2015, from
approximately 9:00 a.m. to
approximately 6:00 p.m. Eastern Time.
Deadline to sign up for oral comment:
midnight Eastern Time, 30 days after
publication of this notice. Deadline to
submit written comments: midnight
Eastern Time, 30 days after publication
of this notice.
ADDRESSES: The October 13 and 20
meetings will take place via webinar
(access information will be available
prior to the webinars). The October 26–
29, 2015 meeting will take place at the
Stoweflake Conference Center, 1746
Mountain Road Stowe, VT 05672, (802)
253–7355, www.stoweflake.com.
Detailed information pertaining to the
meetings, including instructions about
providing written and oral comments
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can be found at www.ams.usda.gov/
NOSBMeetings
FOR FURTHER INFORMATION CONTACT: Ms.
Michelle Arsenault, Advisory
Committee Specialist, National Organic
Standards Board, USDA–AMS–NOP,
1400 Independence Ave. SW., Room
2642-So., Mail Stop 0268, Washington,
DC 20250–0268; Phone: (202) 720–3252;
Email: nosb@ams.usda.gov.
SUPPLEMENTARY INFORMATION: The NOSB
makes recommendations to the
Department of Agriculture about
whether substances should be allowed
or prohibited in organic production
and/or handling, assists in the
development of standards for organic
production, and advises the Secretary
on other aspects of the implementation
of the Organic Foods Production Act (7
U.S.C. 6501–6522). The public meeting
allows the NOSB to discuss and vote on
proposed recommendations to the
USDA, receive updates from the USDA
National Organic Program (NOP) on
issues pertaining to organic agriculture,
and receive comments from the organic
community. The meeting is open to the
public. The meeting agenda, NOSB
proposals and discussion documents,
instructions for submitting and viewing
public comments, and instructions for
requesting time for oral comments will
be available on the NOP Web site at
www.ams.usda.gov/NOSBMeetings.
Meeting topics will encompass a wide
range of issues, including: substances
petitioned for addition to or deletion
from the National List of Allowed and
Prohibited Substances (National List),
substances on the National List that
require NOSB review before their 2017
sunset dates, and guidance on organic
policies. At this meeting, the NOSB will
complete its review of substances that
have a sunset date in 2017, fulfilling the
NOSB’s responsibilities described in the
Organic Foods Production Act’s sunset
provision (section 2118(e)).
Public Comments:
Written comments:
Written public comments will be
accepted on or before midnight Eastern
Time, 30 days after publication of this
notice via www.regulations.gov.
Comments submitted after this date will
be provided to the NOSB, but Board
members may not have adequate time to
consider those comments prior to
making a recommendation. The NOP
strongly prefers comments to be
submitted electronically; however,
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written comments may also be
submitted (i.e. postmarked) by the
deadline, via mail to Ms. Michelle
Arsenault listed under FOR FURTHER
INFORMATION CONTACT.
Oral Comments:
The NOSB is providing the public
multiple dates and opportunities to
provide oral comments and will
accommodate as many individuals and
organizations as time permits. Persons
or organizations wishing to make oral
comments must pre-register by midnight
Eastern Time, 30 days after publication
of this notice, and can only register for
one speaking slot: either during one of
the two webinars, October 13 or 20,
2015, or at the face-to-face meeting
October 26–29, 2015. Instructions for
registering and participating in the
webinar can be found at
www.ams.usda.gov/NOSBMeetings or
by contacting Michelle Arsenault listed
under FOR FURTHER INFORMATION
CONTACT.
Meeting Accommodations: The
meeting hotel is ADA Compliant, and
the USDA provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in this public meeting,
please notify Michelle Arsenault listed
under FOR FURTHER INFORMATION
CONTACT. Determinations for reasonable
accommodation will be made on a caseby-case basis.
Dated: August 28, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2015–21736 Filed 9–4–15; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket No. FSIS–2011–0030]
Privacy Act of 1974; New System of
Records
Food Safety and Inspection
Service, USDA.
ACTION: Notice of proposed new system
of records; request for comment.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, the
U.S. Department of Agriculture (USDA)
proposes to establish a new system of
SUMMARY:
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records titled USDA/FSIS–03 Food
Safety and Inspection Service (FSIS)
Consumer Complaint Monitoring
System (CCMS) II.
The mission of FSIS is to protect
public health by ensuring that meat,
poultry, and processed egg products are
safe, wholesome, and accurately
labeled. Thus, the Agency must detect
food safety vulnerabilities as early and
as specifically as possible so that the
potential for harm can be promptly
prevented, reduced, or eliminated. The
CCMS II helps FSIS to effectively
identify potentially unsafe meat,
poultry, or processed egg products
regulated by FSIS by recording, sorting,
analyzing, and tracking consumer
complaints regarding products’
potential adverse effects, and by
tracking any subsequent analyses and
investigations of those complaints.
DATES: Effective Date: October 8, 2015.
If no comments are received, the
proposal will become effective on above
date. If comments are received, they will
be considered and, where adopted, the
document will be republished with
changes.
ADDRESSES: You may submit comments,
identified by docket number FSIS–
2011–0030, by one of the following
methods.
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Director, Applied
Epidemiology Division, Office of Public
Health Science, Food Safety and
Inspection Service, 1400 Independence
Avenue SW., Washington, DC 20250.
Fax: (202) 720–8213.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket, go
to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact Dr.
Karen Becker, Director, Applied
Epidemiology Staff, Office of Public
Health Systems, Food Safety and
Inspection Service, Department of
Agriculture, Washington, DC 20024;
telephone (202) 690–6045. For privacy
questions, please contact Ravoyne
Payton, Acting Chief Privacy Officer,
Policy, E-Government and Fair
Information Practices, Office of the
Chief Information Officer, Department
of Agriculture, Washington, DC 20250;
telephone (202) 720–8755.
SUPPLEMENTARY INFORMATION: The
Privacy Act of 1974, as amended (5
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U.S.C. 552a), requires agencies to
publish in the Federal Register a notice
of new or revised systems of records
maintained by the agency. A system of
records contains information that is
retrieved by an individual’s name or
other unique identifier. FSIS is
proposing to establish a new Privacy
Act system of records, entitled USDA/
FSIS–03, FSIS Consumer Complaint
Monitoring System II (CCMS II), a
relational database that collects
information, retrieved by name or a
unique identifying number assigned to
an individual, to assist FSIS with traceback or trace-forward investigations and
characterization of foodborne hazards.
The primary goal of the CCMS II
electronic database is to support and
augment FSIS analysts in their ability to
identify consumer health risks
associated with regulated products. The
CCMS II will assist FSIS to accomplish
its safety mission by quickly and
effectively identifying potentially unsafe
meat, poultry, or processed egg
products. More specifically, CCMS II
helps FSIS to analyze, evaluate, and
identify foodborne hazards in its
regulated products; to assess the risk to
human health; and to determine the
appropriate response to known,
emerging, or potential threats to the
food supply or to the agriculture sector.
Paper records printed from the
electronic database are stored only in
limited quantities and on rare occasions
and are retrieved when needed as
working copies. Such paper records are
shredded upon termination of the need
for a working copy. Information
gathered and entered into CCMS II
supports investigations that can involve
trace back to sources of foodborne
illness outbreaks and tracing hazardous
product forward to identify distribution
and disposition. Among other activities,
CCMS II data and investigations may
support complaint-related verification
of hazard analysis and critical control
points in producing establishments,
analysis of school lunch product
manufacturing specifications associated
with an outbreak involving a National
School Lunch Program product, and
recall coordination for products
identified as being adulterated or
unwholesome. If a complaint involves
an incident that is determined to be
non-routine, alerts will be provided to
management.
A complaint that is put into CCMS II
can be initiated in any of the following
ways: (1) Calls from consumers or their
representatives, or from representatives
of State or local health departments and
Federal agencies, including USDA’s
Agricultural Marketing Service (AMS)
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and Food and Nutrition Service (FNS),
(2) electronic hand-off from the USDA’s
Meat and Poultry Hotline system, and
(3) web forms submitted by consumers.
Trained analysts review the complaint
information. Once reviewed, the case is
entered into the system directly or
indirectly via a transfer from the Meat
and Poultry Hotline System.
Epidemiologists in the FSIS Office of
Public Health Science (OPHS) analyze
the information in CCMS II to determine
necessary further analyses,
investigation, or processing. OPHS leads
the management and investigation of all
cases entered into the system. Technical
and scientific support is provided to
other program areas, as necessary.
Personal information about
individuals collected in CCMS II
includes first and last name, home or
work address, telephone number or
email, and details of the complaint,
which can include medical symptoms
and medical treatment obtained.
Specific information about food items
eaten also is collected in CCMS II. A
unique case number is assigned to each
complaint and provided to the
individual making the report and can be
used in lieu of or in addition to the
personal information noted above for
retrieving system information.
Under the Federal Meat Inspection
Act (21 U.S.C. 601 et seq.), the Poultry
Product Inspection Act (21 U.S.C. 451 et
seq.), and the Egg Products Inspection
Act (21 U.S.C. 1031 et seq.), FSIS is
authorized to inspect and regulate the
production of meat, poultry, and egg
products and to prevent the sale and
movement in commerce of adulterated
or misbranded articles in order to fulfill
its food safety mission. In addition, the
Secretary of Agriculture is authorized to
give high priority to enhancing the
ability of FSIS ‘‘. . . to ensure the safety
and wholesomeness of meat and poultry
products;’’ to strengthen the ability of
FSIS ‘‘to collaborate with relevant
agencies within the Department of
Agriculture and with other entities in
the Federal Government, the States, and
Indian tribes . . . through the sharing of
information and technology;’’ and
expanding the capacity of FSIS ‘‘to
protect against the threat of
bioterrorism’’ (21 U.S.C. 679c (a)(1)(3)
and (4)).
In summary, all of these authorities
allow FSIS to perform the functions of
this system: To gather and maintain
information related to foodborne
hazards that will support investigations
aimed to trace back foodborne illness
outbreaks to its sources and to identify
potentially unsafe meat, poultry, or
processed egg products from entering
commerce; to collaborate with federal,
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State, local, and tribal public health
partners in identifying potentially
unsafe meat or poultry products; and to
assess probable threats or risks to the
food supply and devise an adequate
response, to ultimately achieve its food
safety mission.
Background
CCMS II system programs and use of
resources comply with procedures for
avoiding waste, fraud, abuse, or
mismanagement; for obtaining,
reporting, and using reliable and timely
information for decision-making; and
for appropriately identifying and
managing program risks. To enable
management and audit oversight, CCMS
II includes management controls and
performance measures for supported
activities to ensure that decision-making
is accurate, timely, complete, and
effective.
There are no Privacy Act exemptions
being made for this application.
Consistent with USDA’s public health
mission, information stored in CCMS II
may be shared with other USDA
components, as well as with appropriate
Federal, State, local, tribal, foreign, or
international government agencies. This
sharing will take place only after USDA
determines that the receiving
component or agency has a need to
know the information to carry out
national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this system of records
notice.
In accordance with 5 U.S.C. 552a(r),
as implemented by Office of
Management and Budget Circular A–
130, FSIS has provided a report of this
new system of records to: The
Chairman, Committee on Homeland
Security and Governmental Affairs,
United States Senate; the Ranking
Member, Committee on Homeland
Security and Governmental Affairs,
United States Senate; the Chairman,
Committee on Oversight and
Government Reform, House of
Representatives; the Ranking Member,
Committee on Oversight and
Governmental Reform, House of
Representatives; and the Administrator,
Office of Information and Regulatory
Affairs, Office of Management and
Budget.
Alfred V. Almanza,
Acting Administrator.
USDA/FSIS–03
SYSTEM OF RECORDS NAME:
USDA/FSIS–03, FSIS Consumer
Complaint Monitoring System (CCMS)
II.
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SECURITY CLASSIFICATION:
PURPOSES:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the U.S.
Department of Agriculture, 1400
Independence Avenue SW.,
Washington, DC 20250, and at USDA’s
National Information Technology Center
facility at 8930 Ward Parkway, Kansas
City, Missouri 64114.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Federal employees and private
citizens involved in an FSIS
investigation, including individuals
who submit complaints; those who
work in the food industry under FSIS’
inspection, such as private citizens who
operate or work at establishments; those
who work for operations that may be
subject to FSIS surveillance or
enforcement, such as private citizens
employed at retail operations that grind
meat or poultry; members of volunteer
organizations who prepare or have
prepared food; and State, tribal, and
local government employees responsible
for food safety or public health.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains information
pertaining to investigations of consumer
complaints to aid in identifying and
tracking potential public health crises.
This information includes personal
information, such as first and last
names, home or work address,
telephone number or email, and details
concerning medical symptoms and care
and cause of complaint. Each record is
associated with an assigned case code to
ease retrieval.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
• Poultry Products Inspection Act (21
U.S.C. 451 et seq.);
• Federal Meat Inspection Act (21
U.S.C. 601 et seq.); and
• Egg Products Inspection Act (21
U.S.C 1031 et seq.).
RESPONSIBLE AGENCY OFFICIAL FOR SYSTEM:
Dr. David Goldman, Assistant
Administrator, Office of Public Health
Science (OPHS), Food Safety and
Inspection Service(FSIS), U.S.
Department of Agriculture, 1400
Independence Avenue SW.,
Washington, DC 20250, Rm. 341–E JLW
Bldg. Telephone (202) 720–2644.
Or Dr. Karen Becker, Director Applied
Epidemiology Division, Office of Public
Health Science, Food Safety and
Inspection Service, U.S. Department of
Agriculture, 1400 Independence Avenue
SW., Washington, DC 20250. Telephone
(202) 690–6045; Fax:(202) 720–8213.
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The records provided by and about
individuals in this system are used by
FSIS to sort, evaluate, and investigate
possible adverse effects from FSISregulated products. The information
also supports trace back to the source of
foodborne illness outbreaks and tracing
hazardous products forward to identify
distribution and disposition. CCMS II
data and associated processes help FSIS
to analyze, evaluate, and identify
foodborne hazards in products regulated
by the Agency; to assess the risk to
human health; and to determine the
appropriate response to known,
emerging, or potential threats to the
food supply or to the agriculture sector.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, all
or a portion of the records or
information contained in this system
may be disclosed outside USDA as a
routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
1. To the U.S. Department of Justice
(DOJ) (including United States Attorney
Offices) or other Federal agency
conducting litigation, or in proceedings
before any court, adjudicative or
administrative body, when it is
necessary for the litigation, and one of
the following is a party to the litigation
or has an interest in the litigation:
a. USDA or any component thereof;
b. any employee of USDA in his/her
official capacity;
c. any employee of USDA in his/her
individual capacity where DOJ or USDA
has agreed to represent the employee; or
d. the United States or any agency
thereof, and USDA determines that the
records are both relevant and necessary
to the litigation and the use of such
records is compatible with the purpose
for which USDA collected the records.
2. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the written request of the
individual to whom the record pertains.
3. To the National Archives and
Records Administration (NARA) or
other Federal government agencies
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
4. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function. This
would include, but not be limited to the
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Comptroller General or any of his
authorized representatives in the course
of the performance of the duties of the
Government Accountability Office, or
USDA’s Office of the Inspector General
or any authorized representatives of that
office.
5. To appropriate agencies, entities,
and persons when:
a. USDA or FSIS 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), or
harm to the individual or individuals
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.
6. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
USDA, when necessary to accomplish
an agency function related to this
system of records. Individuals who
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to USDA
officers and employees.
7. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
8. To an appropriate Federal, State,
tribal, local, international, or foreign law
enforcement agency or appropriate
authority responsible for protecting
public health, preventing or monitoring
disease or illness outbreaks, or ensuring
the safety of the food supply. This
includes the Department of Health and
Human Services and its agencies,
including the Centers for Disease
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Control and Prevention and the Food
and Drug Administration, other Federal
agencies, and State, tribal, and local
health departments. Certain complaintrelated information may be shared with
the producing establishment for
purposes of investigating the
complaints. Except as stated, disclosure
is made pursuant to requests under the
Freedom of Information Act (FOIA).
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically in a dedicated virtual
server or on paper in secure facilities in
a locked drawer behind a locked door
within USDA facilities. Electronically
stored records, including backup
records maintained on their own
dedicated virtual server in a separate
location, are stored on magnetic disc,
tape, digital media, and CD–ROM.
(Paper records are printed from
electronic storage only in limited
quantities and on rare occasions when
needed as working copies. Such paper
records are kept in secure facilities in a
locked drawer behind a locked door
within USDA facilities, and
immediately are shredded upon
termination of the need for a working
copy.) Security guards safeguard the
buildings where the electronic and the
working copies of records reside.
RETRIEVABILITY:
Retrieval is generally performed using
the case code (a sequentially assigned,
system-generated code created at the
time of initial contact) or other database
fields, such as establishment number or
type of complaint. A name can also be
used to retrieve individual records;
however, using the case code or other
database fields reduces the need for
retrieval by information that could
identify an individual.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable USDA automated systems
security and access policies. This
includes protection behind firewalls,
network protection against intrusion,
and vulnerability scanning and
protection. Only users with a business
need are allowed access through the use
of an encrypted password. Role-based
access controls are used to restrict
access to CCMS II, which is accessible
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via the FSIS Intranet. Furthermore,
multiple levels of access exist, based on
the user’s system role and job function.
Each time users sign in to the
application, the login credentials are
checked against authorized system user
role memberships to ensure the user’s
access privileges are restricted to
assigned level-of-access roles. User
activity is also monitored, logged, and
audited. Additionally, all users are
required to undergo USDA-approved
computer security awareness training
prior to access and must complete
computer security training yearly in
order to retain access. An access
agreement describes prohibited
activities, such as browsing.
RETENTION AND DISPOSAL:
Records will be destroyed or
maintained in accordance with the
USDA’s published records disposition
schedules, as approved by NARA. A
backup of the Master File is created at
the end of the calendar year, and backup
records are maintained in accordance
with General Records Schedule
Authority N1–462–07–01, Item 2.
System inputs are maintained in
accordance with General Records
Schedule Authority GRS 20, Item
2(a)(4), while system outputs (reports)
are maintained in accordance with
General Records Schedule Authority
GRS 20, Item 16.
SYSTEM MANAGER AND ADDRESS:
Dr. Karen Becker, Director, Applied
Epidemiology Staff, Office of Public
Health Science, Food Safety and
Inspection Service, 355 E Street SW.
PPIII, 9th Floor Office 9–232,
Washington, DC 20024. Telephone (202)
690–6045.
NOTIFICATION PROCEDURE:
An individual may request
information regarding this system of
records, or information as to whether
this system contains records pertaining
to such individual from the System
Manager listed above. 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 FSIS Freedom of
Information Act (FOIA) Officer, whose
contact information can be found at
https://www.da.usda.gov/foia.htm under
‘‘Contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Chief FOIA Officer, U.S.
Department of Agriculture, 1400
Independence Avenue SW.,
Washington, DC 20250.
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When seeking records about yourself
from this system of records or any other
USDA system of records, your request
must conform with the Privacy Act
regulations set forth in 7 CFR part 1.
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, U.S. Department
of Agriculture, 1400 Independence
Avenue SW., Washington, DC 20250. In
addition, you should provide the
following:
• An explanation of why you believe
USDA would have information on you,
• Which components of USDA you
believe may have the information about
you,
• When you believe the records
would have been created,
• 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.
RECORDS ACCESS PROCEDURES:
See ‘‘Notification Procedure’’ above.
CONTESTING RECORDS PROCEDURES:
See ‘‘Notification Procedure’’ above.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
RECORD SOURCE CATEGORIES:
Information generally is obtained
directly from the individual who is the
subject of the records, or from someone
acting on their behalf, such as Federal,
State and Local health agencies,
relatives, or a friend of the consumer.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None
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United States Department of
Agriculture
Food Safety and Inspection Service
Consumer Complaint Monitoring
System (CCMS) II
FSIS–2011–0030
New System of Records—Narrative
Statement
The mission of the Food Safety and
Inspection Service (FSIS) is to protect public
health by ensuring that meat, poultry, and
processed egg products are safe, wholesome,
and accurately labeled. Natural events,
accidents, or intentional acts can put the
safety of food and the food supply chain at
risk, and by doing so, put the health and
welfare of consumers at risk. FSIS developed
the Consumer Complaint Monitoring System
(CCMS II) to help Agency personnel quickly
and effectively identify potentially unsafe
meat, poultry, or processed egg products.
CCMS II is an electronic database accessed
from FSIS’ Intranet and is used to record,
sort, evaluate, and track complaints about
possible adverse effects from meat, poultry,
or processed egg products regulated by FSIS.
CCMS II is also used to track subsequent
analysis and investigations of these
complaints.
Under the Federal Meat Inspection Act (21
U.S.C. 601, et seq.), the Poultry Product
Inspection Act (21 U.S.C. 451, et seq.), and
the Egg Products Inspection Act (21 U.S.C.
1031, et seq.), Congress has provided for the
inspection and regulated processing and
distribution of meat and meat products,
poultry, and egg products to prevent the sale
and movement in commerce of articles that
are adulterated or misbranded. Specifically,
21 U.S.C. 451, 602, and 1031 note that the
health and welfare of consumers are to be
protected by assuring that meat and meat
food products are wholesome and that
regulation by the Secretary of Agriculture
and cooperation by the States and other
jurisdictions are appropriate to protect the
health and welfare of consumers.
Further, under 21 U.S.C. 679c(a)(1) and (3),
the Secretary is authorized to give high
priority to enhancing the ability of FSIS
‘‘. . . to ensure the safety and
wholesomeness of meat and poultry
products’’ and to ‘‘strengthen the ability of
[FSIS] to collaborate with relevant agencies
within the Department of Agriculture and
with other entities in the Federal
Government, the States, and Indian tribes
. . . through the sharing of information and
technology.’’ CCMS II helps to identify
products in commerce that are potentially
adulterated and enables FSIS to determine
whether reported products are safe and
wholesome. In addition, the system allows
the Agency to collaborate with federal, State,
local, and tribal public health partners in
identifying potentially unsafe meat or poultry
products—and helps the Agency to protect
the consuming public from further harm.
A complaint can be initiated by calls from
consumers or their representatives, by
representatives of State or local health
departments and Federal agencies, including
USDA’s Agricultural Marketing Service and
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53763
Food and Nutrition Service, or via electronic
hand-off from USDA’s Meat and Poultry
Hotline system and through web forms
submitted by consumers. The information
from these complaints, collected in CCMS II,
is analyzed, evaluated, and classified as
needing further action by trained analysts in
FSIS’ Office of Public Health Science
(OPHS). These and other analysts identify the
organization that will perform any
subsequent action, provide ongoing updates,
coordinate communication with other USDA
agencies as needed, and alert management in
the event of a non-routine incident. OPHS
will also determine and coordinate any
needed laboratory analysis and provide
technical and scientific support to other
program areas. Until the complaint is
resolved, any action taken is updated in
CCMS II. CCMS II data can include certain
information about individuals, such as first
and last names, home or work address,
telephone number or email, food product
consumed, medical symptoms experienced,
and medical care received. Some of this
information can be and is used to retrieve
records, such as first and last name, but by
design and in general practice, a systemgenerated case code is used for retrieval. The
case code is sequentially assigned at the time
of the initial contact, and is provided to the
submitter of the complaint. Other database
fields, such as establishment number or type
of complaint, can also be used for retrieval.
The data within CCMS II is specifically
used for the reasons the information was
obtained: to help determine the safety of
specific food products consumed by
individuals who reported problems with the
food items. Information from CCMS II may be
shared in a controlled manner within FSIS
and, as needed, with other public health
partners, to determine whether there is a
potential problem with the product, to help
identify the origin of the product, to trace
forward the product’s distribution or
disposition, to follow-up with the individual
who reported the problem, to ascertain
whether others experienced similar problems
with the same product, or for other reasons
that derive directly from the reason the
information was originally collected. There
are other routine uses of CCMS II data
permitted under U.S.C. 552a(b)(3), as
contained in the Federal Register Notice and
summarized here:
To the Department of Justice for litigation
purposes; to National Archives and Records
Administration for records management; to a
Congressional Office in response to an
inquiry from the relevant constituent; to an
appropriate authority for audit purposes; to
an appropriate authority in response to a
threat to information security or
confidentiality; to an appropriate law
enforcement authority in response to
investigations, prosecutions, or enforcement
actions; to contractors and agents performing
a function on behalf of the agency relating to
the collection of information to support
surveillance, investigations, and facilitation
of rapid detection and response to food borne
hazards; to appropriate authorities
responsible for public health/monitoring
illness outbreaks/ensuring safety of the food
supply because the data supports public
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Federal Register / Vol. 80, No. 173 / Tuesday, September 8, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
health officials in their ability to identify
public health hazards and mitigate their
impact through communication and
information sharing among public health
partners; and to producing establishments in
connection with the Agency’s investigation
of complaint-related information.
CCMS II data and investigations also
support other activities, including complaintrelated verification of Hazard Analysis and
Critical Control Points in producing
establishments, analysis of school lunch
product manufacturing specifications, and
recall coordination for product(s) identified
as adulterated or unwholesome.
Safeguards/Security Provided for This
System
FSIS has taken significant actions to
safeguard the identifiable information about
an individual in CCMS II and to control
access to the system itself. Access to CCMS
II is restricted to trained, authorized FSIS
employees and to a limited number of users
representing FSIS’ public health partners in
the Department of Health and Human
Services. Authorized users are assigned levelof-access roles based on their job functions.
The level of access for the user restricts the
data that may be seen and the degree to
which data may be modified by the user.
Firewalls and other security controls further
prevent unauthorized access. As a result, the
potential effect of CCMS II on an individual’s
privacy is minimal.
In addition to those disclosures generally
permitted under 5 U.S.C. 552a(b) of the
Privacy Act, records maintained in the
system may be disclosed outside USDA for
eight routine uses. These routine uses may be
described as functional and housekeeping
uses.
The records are protected by the
confidentiality requirements of USDA’s
Office of the Chief Information Officer Cyber
Security Manuals and the provisions of the
Privacy Act. Only authorized USDA
employees and contractors will have access
to the records in this system, and this access
will be on a need-to-know basis. Role-based
access controls are used to restrict access to
CCMS II, which is accessible via the FSIS
Intranet.
The system has been categorized as a
Moderate impact system as identified in
Federal Information Processing Standard
(FIPS) 199. The security controls
implemented within the system will
correspond with those published in the
National Institute of Standards and
Technology Special Publication 800–53,
Recommended Security Controls for Federal
Information Technology Systems (Revision1)
for a Moderate impact system. Users are
granted system access only upon successful
completion of security training and must
successfully complete security training each
year to retain access. Each user is supplied
with a unique and strong user-id and
password. The user roles are restrictive and
based on the principle of least privilege
allowing for adequate performance of job
functions and access to information based on
a need to know.
Where appropriate, the system also will
adhere to the security controls identified in
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the Federal Information Security Control
Audit Manual (FISCAM). The mandatory
requirements of FIPS 199 and FIPS 200
support the Federal Information Security
Management Act and FISCAM supports the
mandated Office of Management and Budget
Circular A–123, Management of Internal
Controls.
Moreover, system managers and users
observe and adhere to specific USDA security
requirements as set forth in the USDA Cyber
Security Manuals, including but not limited
to USDA Departmental Manual (DM) 3545–
000, Personnel Security, and DM 3510–001,
Physical Security Standards for Information
Technology Restricted Space.
[FR Doc. 2015–22085 Filed 9–4–15; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF AGRICULTURE
Office of the Chief Economist; Public
Comment Period for Climate Change,
Global Food Security, and the U.S.
Food System Assessment Report
Office of the Chief Economist,
U.S. Department of Agriculture.
ACTION: Request for Public Comment on
Climate Change, Global Food Security,
and the U.S. Food System Assessment
Report.
AGENCY:
The U.S. Department of
Agriculture (USDA) has led the
development of an interagency
assessment report entitled ‘‘Climate
Change, Global Food Security, and the
U.S. Food System.’’ The report has been
developed to support the National
Climate Assessment of the U.S. Global
Change Research Program, and is called
for under the President’s Climate Action
Plan. USDA is requesting input from the
public. This request is being published
in the Federal Register for a 30-day
public comment period. Public
comments will be considered during the
preparation of the final report. The final
report will be published on USDA’s
Web site when it becomes available.
Comments from the public will be
accepted electronically via https://
www.globalchange.gov/notices.
Comments may be submitted only
online and via this address; instructions
for doing this are on the Web site.
DATES: Comments must be received by
11:59 p.m. Eastern Time on October 8,
2015 will be considered.
ADDRESSES: Comments from the public
will be accepted electronically via
https://www.globalchange.gov/notices.
Comments may be submitted only
online and via this address; instructions
for doing this are on the Web site.
FOR FURTHER INFORMATION CONTACT:
William Hohenstein, Director, USDA
Climate Change Program Office,
telephone: 202–720–9978, Email:
whohenst@oce.usda.gov.
SUPPLEMENTARY INFORMATION: The
public comment draft can be found
online at www.globalchange.gov/
notices. Only comments received
through the online comment system
(www.globalchange.gov/notices) will be
considered.
All comments received will be
considered by the report’s authors and
will become part of the public record
once the final report is issued. However,
until the report is finalized and released
to the public, commenters’ identities
will not be shared with the authors.
When the report is released in final form
to the public, the comments, in
association with the commenter’s name,
will be made available upon request. No
additional information a commenter
submits as part of the registration
process (such as an email address) will
be disclosed publicly.
The Department of Agriculture will
publish a notice informing the public of
the final report when it is issued.
Robert Johansson,
Chief Economist.
[FR Doc. 2015–22668 Filed 9–4–15; 8:45 am]
BILLING CODE 3410–38–P
SUMMARY:
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DEPARTMENT OF AGRICULTURE
Forest Service
Rogue and Umpqua Resource
Advisory Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The Rogue and Umpqua
Resource Advisory Committee (RAC)
will meet in Roseburg, Oregon. The
committee is authorized under the
Secure Rural Schools and Community
Self-Determination Act (the Act) and
operates in compliance with the Federal
Advisory Committee Act. The purpose
of the committee is to improve
collaborative relationships and to
provide advice and recommendations to
the Forest Service concerning projects
and funding consistent with Title II of
the Act. Additional RAC information,
including the meeting agenda and the
meeting summary/minutes can be found
at the following Web site: https://
tinyurl.com/qjkrxps.
DATES: The meeting will be held
October 14–15, 2015, at 9:30 a.m.–4
p.m.
All RAC meetings are subject to
cancellation. For status of meeting prior
to attendance, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
SUMMARY:
E:\FR\FM\08SEN1.SGM
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Agencies
[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53759-53764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22085]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket No. FSIS-2011-0030]
Privacy Act of 1974; New System of Records
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice of proposed new system of records; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
U.S. Department of Agriculture (USDA) proposes to establish a new
system of
[[Page 53760]]
records titled USDA/FSIS-03 Food Safety and Inspection Service (FSIS)
Consumer Complaint Monitoring System (CCMS) II.
The mission of FSIS is to protect public health by ensuring that
meat, poultry, and processed egg products are safe, wholesome, and
accurately labeled. Thus, the Agency must detect food safety
vulnerabilities as early and as specifically as possible so that the
potential for harm can be promptly prevented, reduced, or eliminated.
The CCMS II helps FSIS to effectively identify potentially unsafe meat,
poultry, or processed egg products regulated by FSIS by recording,
sorting, analyzing, and tracking consumer complaints regarding
products' potential adverse effects, and by tracking any subsequent
analyses and investigations of those complaints.
DATES: Effective Date: October 8, 2015. If no comments are received,
the proposal will become effective on above date. If comments are
received, they will be considered and, where adopted, the document will
be republished with changes.
ADDRESSES: You may submit comments, identified by docket number FSIS-
2011-0030, by one of the following methods.
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Director, Applied Epidemiology Division, Office of
Public Health Science, Food Safety and Inspection Service, 1400
Independence Avenue SW., Washington, DC 20250.
Fax: (202) 720-8213.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact
Dr. Karen Becker, Director, Applied Epidemiology Staff, Office of
Public Health Systems, Food Safety and Inspection Service, Department
of Agriculture, Washington, DC 20024; telephone (202) 690-6045. For
privacy questions, please contact Ravoyne Payton, Acting Chief Privacy
Officer, Policy, E-Government and Fair Information Practices, Office of
the Chief Information Officer, Department of Agriculture, Washington,
DC 20250; telephone (202) 720-8755.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5
U.S.C. 552a), requires agencies to publish in the Federal Register a
notice of new or revised systems of records maintained by the agency. A
system of records contains information that is retrieved by an
individual's name or other unique identifier. FSIS is proposing to
establish a new Privacy Act system of records, entitled USDA/FSIS-03,
FSIS Consumer Complaint Monitoring System II (CCMS II), a relational
database that collects information, retrieved by name or a unique
identifying number assigned to an individual, to assist FSIS with
trace-back or trace-forward investigations and characterization of
foodborne hazards. The primary goal of the CCMS II electronic database
is to support and augment FSIS analysts in their ability to identify
consumer health risks associated with regulated products. The CCMS II
will assist FSIS to accomplish its safety mission by quickly and
effectively identifying potentially unsafe meat, poultry, or processed
egg products. More specifically, CCMS II helps FSIS to analyze,
evaluate, and identify foodborne hazards in its regulated products; to
assess the risk to human health; and to determine the appropriate
response to known, emerging, or potential threats to the food supply or
to the agriculture sector. Paper records printed from the electronic
database are stored only in limited quantities and on rare occasions
and are retrieved when needed as working copies. Such paper records are
shredded upon termination of the need for a working copy. Information
gathered and entered into CCMS II supports investigations that can
involve trace back to sources of foodborne illness outbreaks and
tracing hazardous product forward to identify distribution and
disposition. Among other activities, CCMS II data and investigations
may support complaint-related verification of hazard analysis and
critical control points in producing establishments, analysis of school
lunch product manufacturing specifications associated with an outbreak
involving a National School Lunch Program product, and recall
coordination for products identified as being adulterated or
unwholesome. If a complaint involves an incident that is determined to
be non-routine, alerts will be provided to management.
A complaint that is put into CCMS II can be initiated in any of the
following ways: (1) Calls from consumers or their representatives, or
from representatives of State or local health departments and Federal
agencies, including USDA's Agricultural Marketing Service (AMS) and
Food and Nutrition Service (FNS), (2) electronic hand-off from the
USDA's Meat and Poultry Hotline system, and (3) web forms submitted by
consumers. Trained analysts review the complaint information. Once
reviewed, the case is entered into the system directly or indirectly
via a transfer from the Meat and Poultry Hotline System.
Epidemiologists in the FSIS Office of Public Health Science (OPHS)
analyze the information in CCMS II to determine necessary further
analyses, investigation, or processing. OPHS leads the management and
investigation of all cases entered into the system. Technical and
scientific support is provided to other program areas, as necessary.
Personal information about individuals collected in CCMS II
includes first and last name, home or work address, telephone number or
email, and details of the complaint, which can include medical symptoms
and medical treatment obtained. Specific information about food items
eaten also is collected in CCMS II. A unique case number is assigned to
each complaint and provided to the individual making the report and can
be used in lieu of or in addition to the personal information noted
above for retrieving system information.
Under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the
Poultry Product Inspection Act (21 U.S.C. 451 et seq.), and the Egg
Products Inspection Act (21 U.S.C. 1031 et seq.), FSIS is authorized to
inspect and regulate the production of meat, poultry, and egg products
and to prevent the sale and movement in commerce of adulterated or
misbranded articles in order to fulfill its food safety mission. In
addition, the Secretary of Agriculture is authorized to give high
priority to enhancing the ability of FSIS ``. . . to ensure the safety
and wholesomeness of meat and poultry products;'' to strengthen the
ability of FSIS ``to collaborate with relevant agencies within the
Department of Agriculture and with other entities in the Federal
Government, the States, and Indian tribes . . . through the sharing of
information and technology;'' and expanding the capacity of FSIS ``to
protect against the threat of bioterrorism'' (21 U.S.C. 679c (a)(1)(3)
and (4)).
In summary, all of these authorities allow FSIS to perform the
functions of this system: To gather and maintain information related to
foodborne hazards that will support investigations aimed to trace back
foodborne illness outbreaks to its sources and to identify potentially
unsafe meat, poultry, or processed egg products from entering commerce;
to collaborate with federal,
[[Page 53761]]
State, local, and tribal public health partners in identifying
potentially unsafe meat or poultry products; and to assess probable
threats or risks to the food supply and devise an adequate response, to
ultimately achieve its food safety mission.
Background
CCMS II system programs and use of resources comply with procedures
for avoiding waste, fraud, abuse, or mismanagement; for obtaining,
reporting, and using reliable and timely information for decision-
making; and for appropriately identifying and managing program risks.
To enable management and audit oversight, CCMS II includes management
controls and performance measures for supported activities to ensure
that decision-making is accurate, timely, complete, and effective.
There are no Privacy Act exemptions being made for this
application. Consistent with USDA's public health mission, information
stored in CCMS II may be shared with other USDA components, as well as
with appropriate Federal, State, local, tribal, foreign, or
international government agencies. This sharing will take place only
after USDA determines that the receiving component or agency has a need
to know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in this system of records notice.
In accordance with 5 U.S.C. 552a(r), as implemented by Office of
Management and Budget Circular A-130, FSIS has provided a report of
this new system of records to: The Chairman, Committee on Homeland
Security and Governmental Affairs, United States Senate; the Ranking
Member, Committee on Homeland Security and Governmental Affairs, United
States Senate; the Chairman, Committee on Oversight and Government
Reform, House of Representatives; the Ranking Member, Committee on
Oversight and Governmental Reform, House of Representatives; and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget.
Alfred V. Almanza,
Acting Administrator.
USDA/FSIS-03
System of records name:
USDA/FSIS-03, FSIS Consumer Complaint Monitoring System (CCMS) II.
Security classification:
Unclassified.
System location:
Records are maintained at the U.S. Department of Agriculture, 1400
Independence Avenue SW., Washington, DC 20250, and at USDA's National
Information Technology Center facility at 8930 Ward Parkway, Kansas
City, Missouri 64114.
Categories of individuals covered by the system:
Federal employees and private citizens involved in an FSIS
investigation, including individuals who submit complaints; those who
work in the food industry under FSIS' inspection, such as private
citizens who operate or work at establishments; those who work for
operations that may be subject to FSIS surveillance or enforcement,
such as private citizens employed at retail operations that grind meat
or poultry; members of volunteer organizations who prepare or have
prepared food; and State, tribal, and local government employees
responsible for food safety or public health.
Categories of records in the system:
This system contains information pertaining to investigations of
consumer complaints to aid in identifying and tracking potential public
health crises. This information includes personal information, such as
first and last names, home or work address, telephone number or email,
and details concerning medical symptoms and care and cause of
complaint. Each record is associated with an assigned case code to ease
retrieval.
Authority for maintenance of the system:
Poultry Products Inspection Act (21 U.S.C. 451 et seq.);
Federal Meat Inspection Act (21 U.S.C. 601 et seq.); and
Egg Products Inspection Act (21 U.S.C 1031 et seq.).
Responsible agency official for system:
Dr. David Goldman, Assistant Administrator, Office of Public Health
Science (OPHS), Food Safety and Inspection Service(FSIS), U.S.
Department of Agriculture, 1400 Independence Avenue SW., Washington, DC
20250, Rm. 341-E JLW Bldg. Telephone (202) 720-2644.
Or Dr. Karen Becker, Director Applied Epidemiology Division, Office
of Public Health Science, Food Safety and Inspection Service, U.S.
Department of Agriculture, 1400 Independence Avenue SW., Washington, DC
20250. Telephone (202) 690-6045; Fax:(202) 720-8213.
Purposes:
The records provided by and about individuals in this system are
used by FSIS to sort, evaluate, and investigate possible adverse
effects from FSIS-regulated products. The information also supports
trace back to the source of foodborne illness outbreaks and tracing
hazardous products forward to identify distribution and disposition.
CCMS II data and associated processes help FSIS to analyze, evaluate,
and identify foodborne hazards in products regulated by the Agency; to
assess the risk to human health; and to determine the appropriate
response to known, emerging, or potential threats to the food supply or
to the agriculture sector.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, all or a portion of the records or
information contained in this system may be disclosed outside USDA as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. To the U.S. Department of Justice (DOJ) (including United States
Attorney Offices) or other Federal agency conducting litigation, or in
proceedings before any court, adjudicative or administrative body, when
it is necessary for the litigation, and one of the following is a party
to the litigation or has an interest in the litigation:
a. USDA or any component thereof;
b. any employee of USDA in his/her official capacity;
c. any employee of USDA in his/her individual capacity where DOJ or
USDA has agreed to represent the employee; or
d. the United States or any agency thereof, and USDA determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which USDA
collected the records.
2. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
written request of the individual to whom the record pertains.
3. To the National Archives and Records Administration (NARA) or
other Federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
4. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function. This would include, but not be limited to the
[[Page 53762]]
Comptroller General or any of his authorized representatives in the
course of the performance of the duties of the Government
Accountability Office, or USDA's Office of the Inspector General or any
authorized representatives of that office.
5. To appropriate agencies, entities, and persons when:
a. USDA or FSIS 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), or harm to the
individual or individuals 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.
6. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for USDA, when necessary to
accomplish an agency function related to this system of records.
Individuals who provided information under this routine use are subject
to the same Privacy Act requirements and limitations on disclosure as
are applicable to USDA officers and employees.
7. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
8. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or appropriate authority responsible
for protecting public health, preventing or monitoring disease or
illness outbreaks, or ensuring the safety of the food supply. This
includes the Department of Health and Human Services and its agencies,
including the Centers for Disease Control and Prevention and the Food
and Drug Administration, other Federal agencies, and State, tribal, and
local health departments. Certain complaint-related information may be
shared with the producing establishment for purposes of investigating
the complaints. Except as stated, disclosure is made pursuant to
requests under the Freedom of Information Act (FOIA).
Disclosure to consumer reporting agencies:
None
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically in a dedicated
virtual server or on paper in secure facilities in a locked drawer
behind a locked door within USDA facilities. Electronically stored
records, including backup records maintained on their own dedicated
virtual server in a separate location, are stored on magnetic disc,
tape, digital media, and CD-ROM. (Paper records are printed from
electronic storage only in limited quantities and on rare occasions
when needed as working copies. Such paper records are kept in secure
facilities in a locked drawer behind a locked door within USDA
facilities, and immediately are shredded upon termination of the need
for a working copy.) Security guards safeguard the buildings where the
electronic and the working copies of records reside.
Retrievability:
Retrieval is generally performed using the case code (a
sequentially assigned, system-generated code created at the time of
initial contact) or other database fields, such as establishment number
or type of complaint. A name can also be used to retrieve individual
records; however, using the case code or other database fields reduces
the need for retrieval by information that could identify an
individual.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable USDA automated
systems security and access policies. This includes protection behind
firewalls, network protection against intrusion, and vulnerability
scanning and protection. Only users with a business need are allowed
access through the use of an encrypted password. Role-based access
controls are used to restrict access to CCMS II, which is accessible
via the FSIS Intranet. Furthermore, multiple levels of access exist,
based on the user's system role and job function. Each time users sign
in to the application, the login credentials are checked against
authorized system user role memberships to ensure the user's access
privileges are restricted to assigned level-of-access roles. User
activity is also monitored, logged, and audited. Additionally, all
users are required to undergo USDA-approved computer security awareness
training prior to access and must complete computer security training
yearly in order to retain access. An access agreement describes
prohibited activities, such as browsing.
Retention and disposal:
Records will be destroyed or maintained in accordance with the
USDA's published records disposition schedules, as approved by NARA. A
backup of the Master File is created at the end of the calendar year,
and backup records are maintained in accordance with General Records
Schedule Authority N1-462-07-01, Item 2. System inputs are maintained
in accordance with General Records Schedule Authority GRS 20, Item
2(a)(4), while system outputs (reports) are maintained in accordance
with General Records Schedule Authority GRS 20, Item 16.
System manager and address:
Dr. Karen Becker, Director, Applied Epidemiology Staff, Office of
Public Health Science, Food Safety and Inspection Service, 355 E Street
SW. PPIII, 9th Floor Office 9-232, Washington, DC 20024. Telephone
(202) 690-6045.
Notification procedure:
An individual may request information regarding this system of
records, or information as to whether this system contains records
pertaining to such individual from the System Manager listed above.
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 FSIS Freedom of
Information Act (FOIA) Officer, whose contact information can be found
at https://www.da.usda.gov/foia.htm under ``Contacts.'' If an individual
believes more than one component maintains Privacy Act records
concerning him or her, the individual may submit the request to the
Chief FOIA Officer, U.S. Department of Agriculture, 1400 Independence
Avenue SW., Washington, DC 20250.
[[Page 53763]]
When seeking records about yourself from this system of records or
any other USDA system of records, your request must conform with the
Privacy Act regulations set forth in 7 CFR part 1. 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, U.S. Department of Agriculture, 1400 Independence Avenue SW.,
Washington, DC 20250. In addition, you should provide the following:
An explanation of why you believe USDA would have
information on you,
Which components of USDA you believe may have the
information about you,
When you believe the records would have been created,
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.
Records access procedures:
See ``Notification Procedure'' above.
Contesting records procedures:
See ``Notification Procedure'' above.
Record source categories:
Information generally is obtained directly from the individual who
is the subject of the records, or from someone acting on their behalf,
such as Federal, State and Local health agencies, relatives, or a
friend of the consumer.
Exemptions claimed for the system:
None
United States Department of Agriculture
Food Safety and Inspection Service
Consumer Complaint Monitoring System (CCMS) II
FSIS-2011-0030
New System of Records--Narrative Statement
The mission of the Food Safety and Inspection Service (FSIS) is
to protect public health by ensuring that meat, poultry, and
processed egg products are safe, wholesome, and accurately labeled.
Natural events, accidents, or intentional acts can put the safety of
food and the food supply chain at risk, and by doing so, put the
health and welfare of consumers at risk. FSIS developed the Consumer
Complaint Monitoring System (CCMS II) to help Agency personnel
quickly and effectively identify potentially unsafe meat, poultry,
or processed egg products. CCMS II is an electronic database
accessed from FSIS' Intranet and is used to record, sort, evaluate,
and track complaints about possible adverse effects from meat,
poultry, or processed egg products regulated by FSIS. CCMS II is
also used to track subsequent analysis and investigations of these
complaints.
Under the Federal Meat Inspection Act (21 U.S.C. 601, et seq.),
the Poultry Product Inspection Act (21 U.S.C. 451, et seq.), and the
Egg Products Inspection Act (21 U.S.C. 1031, et seq.), Congress has
provided for the inspection and regulated processing and
distribution of meat and meat products, poultry, and egg products to
prevent the sale and movement in commerce of articles that are
adulterated or misbranded. Specifically, 21 U.S.C. 451, 602, and
1031 note that the health and welfare of consumers are to be
protected by assuring that meat and meat food products are wholesome
and that regulation by the Secretary of Agriculture and cooperation
by the States and other jurisdictions are appropriate to protect the
health and welfare of consumers.
Further, under 21 U.S.C. 679c(a)(1) and (3), the Secretary is
authorized to give high priority to enhancing the ability of FSIS
``. . . to ensure the safety and wholesomeness of meat and poultry
products'' and to ``strengthen the ability of [FSIS] to collaborate
with relevant agencies within the Department of Agriculture and with
other entities in the Federal Government, the States, and Indian
tribes . . . through the sharing of information and technology.''
CCMS II helps to identify products in commerce that are potentially
adulterated and enables FSIS to determine whether reported products
are safe and wholesome. In addition, the system allows the Agency to
collaborate with federal, State, local, and tribal public health
partners in identifying potentially unsafe meat or poultry
products--and helps the Agency to protect the consuming public from
further harm.
A complaint can be initiated by calls from consumers or their
representatives, by representatives of State or local health
departments and Federal agencies, including USDA's Agricultural
Marketing Service and Food and Nutrition Service, or via electronic
hand-off from USDA's Meat and Poultry Hotline system and through web
forms submitted by consumers. The information from these complaints,
collected in CCMS II, is analyzed, evaluated, and classified as
needing further action by trained analysts in FSIS' Office of Public
Health Science (OPHS). These and other analysts identify the
organization that will perform any subsequent action, provide
ongoing updates, coordinate communication with other USDA agencies
as needed, and alert management in the event of a non-routine
incident. OPHS will also determine and coordinate any needed
laboratory analysis and provide technical and scientific support to
other program areas. Until the complaint is resolved, any action
taken is updated in CCMS II. CCMS II data can include certain
information about individuals, such as first and last names, home or
work address, telephone number or email, food product consumed,
medical symptoms experienced, and medical care received. Some of
this information can be and is used to retrieve records, such as
first and last name, but by design and in general practice, a
system-generated case code is used for retrieval. The case code is
sequentially assigned at the time of the initial contact, and is
provided to the submitter of the complaint. Other database fields,
such as establishment number or type of complaint, can also be used
for retrieval.
The data within CCMS II is specifically used for the reasons the
information was obtained: to help determine the safety of specific
food products consumed by individuals who reported problems with the
food items. Information from CCMS II may be shared in a controlled
manner within FSIS and, as needed, with other public health
partners, to determine whether there is a potential problem with the
product, to help identify the origin of the product, to trace
forward the product's distribution or disposition, to follow-up with
the individual who reported the problem, to ascertain whether others
experienced similar problems with the same product, or for other
reasons that derive directly from the reason the information was
originally collected. There are other routine uses of CCMS II data
permitted under U.S.C. 552a(b)(3), as contained in the Federal
Register Notice and summarized here:
To the Department of Justice for litigation purposes; to
National Archives and Records Administration for records management;
to a Congressional Office in response to an inquiry from the
relevant constituent; to an appropriate authority for audit
purposes; to an appropriate authority in response to a threat to
information security or confidentiality; to an appropriate law
enforcement authority in response to investigations, prosecutions,
or enforcement actions; to contractors and agents performing a
function on behalf of the agency relating to the collection of
information to support surveillance, investigations, and
facilitation of rapid detection and response to food borne hazards;
to appropriate authorities responsible for public health/monitoring
illness outbreaks/ensuring safety of the food supply because the
data supports public
[[Page 53764]]
health officials in their ability to identify public health hazards
and mitigate their impact through communication and information
sharing among public health partners; and to producing
establishments in connection with the Agency's investigation of
complaint-related information.
CCMS II data and investigations also support other activities,
including complaint-related verification of Hazard Analysis and
Critical Control Points in producing establishments, analysis of
school lunch product manufacturing specifications, and recall
coordination for product(s) identified as adulterated or
unwholesome.
Safeguards/Security Provided for This System
FSIS has taken significant actions to safeguard the identifiable
information about an individual in CCMS II and to control access to
the system itself. Access to CCMS II is restricted to trained,
authorized FSIS employees and to a limited number of users
representing FSIS' public health partners in the Department of
Health and Human Services. Authorized users are assigned level-of-
access roles based on their job functions. The level of access for
the user restricts the data that may be seen and the degree to which
data may be modified by the user. Firewalls and other security
controls further prevent unauthorized access. As a result, the
potential effect of CCMS II on an individual's privacy is minimal.
In addition to those disclosures generally permitted under 5
U.S.C. 552a(b) of the Privacy Act, records maintained in the system
may be disclosed outside USDA for eight routine uses. These routine
uses may be described as functional and housekeeping uses.
The records are protected by the confidentiality requirements of
USDA's Office of the Chief Information Officer Cyber Security
Manuals and the provisions of the Privacy Act. Only authorized USDA
employees and contractors will have access to the records in this
system, and this access will be on a need-to-know basis. Role-based
access controls are used to restrict access to CCMS II, which is
accessible via the FSIS Intranet.
The system has been categorized as a Moderate impact system as
identified in Federal Information Processing Standard (FIPS) 199.
The security controls implemented within the system will correspond
with those published in the National Institute of Standards and
Technology Special Publication 800-53, Recommended Security Controls
for Federal Information Technology Systems (Revision1) for a
Moderate impact system. Users are granted system access only upon
successful completion of security training and must successfully
complete security training each year to retain access. Each user is
supplied with a unique and strong user-id and password. The user
roles are restrictive and based on the principle of least privilege
allowing for adequate performance of job functions and access to
information based on a need to know.
Where appropriate, the system also will adhere to the security
controls identified in the Federal Information Security Control
Audit Manual (FISCAM). The mandatory requirements of FIPS 199 and
FIPS 200 support the Federal Information Security Management Act and
FISCAM supports the mandated Office of Management and Budget
Circular A-123, Management of Internal Controls.
Moreover, system managers and users observe and adhere to
specific USDA security requirements as set forth in the USDA Cyber
Security Manuals, including but not limited to USDA Departmental
Manual (DM) 3545-000, Personnel Security, and DM 3510-001, Physical
Security Standards for Information Technology Restricted Space.
[FR Doc. 2015-22085 Filed 9-4-15; 8:45 am]
BILLING CODE 3410-DM-P