Privacy Act Systems of Records; Wildlife Services Management Information System, 60872-60875 [2015-25640]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Notices]
[Pages 60872-60875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25640]


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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. 80, No. 195 / Thursday, October 8, 2015 / 
Notices

[[Page 60872]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2014-0036]


Privacy Act Systems of Records; Wildlife Services Management 
Information System

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice; revision of a system of records.

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SUMMARY: The Animal and Plant Health Inspection Service proposes to 
revise an existing system of records in its inventory of record systems 
subject to the provisions of the Privacy Act of 1974, as amended. The 
Animal and Plant Health Inspection Service is revising Wildlife 
Services Management Information System, USDA-APHIS-9, to revise the 
routine uses, expand the categories of records in the system, and the 
location of the system. This notice is necessary to meet the 
requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of record systems maintained by 
the agency.

DATES: Effective Date: This system will be adopted without further 
notice on November 17, 2015 unless modified to respond to comments 
received from the public and published in a subsequent notice.
    Comment date: Comments must be received, in writing, on or before 
November 9, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0036.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0036, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0036 or in our reading room, which is located in Room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Robert P. Myers, Staff Officer, 
Wildlife Services, APHIS, 4700 River Road Unit 87, Riverdale, MD 20737; 
(301) 851-2499.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a), requires agencies to publish in the Federal Register 
notice of new or revised systems of records. A system of records is a 
group of any records under the control of any agency, from which 
information is retrieved by the name of an individual or by some 
identifying number, symbol, or other identifying particular assigned to 
an individual.
    The Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture (USDA) is proposing to revise a system of 
records, entitled Wildlife Services (WS) Management Information System 
(MIS), which is used to maintain a record of activities conducted by 
the agency pursuant to its mission and responsibilities authorized by 
the Act of March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and the 
Act of December 22, 1987 (7 U.S.C. 426(c)).
    Within this area of responsibility, WS provides wildlife damage 
management services to Federal, State, Tribal, and local governments; 
private sector entities within the United States; foreign partners; and 
cooperators. Individuals and cooperators may include farmers, ranchers, 
livestock dealers (including agents and brokers), airport employees, 
representatives of condominium associations, representatives of 
homeowners associations, golf course owners, pest control operators, 
contract personnel engaged in program activities, private homeowners, 
and other individuals. Wildlife damage management services include 
services to control wildlife diseases and invasive species and to 
protect livestock, aquaculture, agricultural resources, natural 
resources, and property.
    The WS MIS contains personally identifiable information about 
persons who acquire wildlife damage management services from APHIS. The 
information includes a name, telephone number, mailing address, 
physical location address, and, when necessary, Global Positioning 
System (GPS) coordinates. (GPS aids in tracking wildlife damage 
management devices and to locate entry points where WS has approval to 
enter lands.) For cooperators for whom WS provides services on specific 
wildlife damage projects, an identifying number may be issued, which 
may be a Federal tax identification number, an employer identification 
number, and for individual citizens who are the primary contact in a 
funded cooperative agreement relationship, a social security number. In 
these instances, WS collects social security numbers or other 
identifying numbers, such as tax identification numbers or employer 
identification numbers, in compliance with the Debt Collection 
Improvement Act of 1996 (Pub. L. 104-134). The WS MIS may also include 
information relating to adverse human or animal incidents, indemnity, 
agreements, or insurance claims. In addition, the WS MIS includes 
information about WS employees, such as names, duty stations, user 
names, passwords, telephone numbers (home and work), email addresses 
(personal and work), and MIS-specific employee identification numbers.
    Agency procedure requires that WS employees obtain permission to 
enter the property of cooperators. Information collected about 
cooperators will be used to document authority and license to enter 
premises to conduct wildlife damage management activities, pursuant to 
requests from cooperators for services to be conducted on their behalf. 
In addition, WS will use the information to help evaluate the 
effectiveness of program activities.
    Also in support of the APHIS mission, WS conducts surveys by 
selecting cooperators to provide information about various facets of 
program activities related to the services provided. Information 
provided by the cooperator during the course of business enables WS to 
contact them and request

[[Page 60873]]

voluntary participation in a survey, as well as use the information 
volunteered by the cooperator to make determinations about how and when 
work will be performed, what methods will be used, what information 
will be provided to the cooperator about the methodology, process, 
frequency, results, and time lines to be used in program activities, 
and to assist in developing safety measures and protocols.
    The system of records notice for this system was previously 
published in the Federal Register on April 30, 2008 (73 FR 23404-23406, 
APHIS-2006-0018). To the extent that disclosure will not violate 7 
U.S.C. 8791, and any amendments thereto, the system is amended to add 
new Routine Uses 7 through 10 and to revise Routine Uses 1 and 2. 
Routine Uses 3, 4, 5, 6, and 11 (formerly Routine Use 7) remain the 
same. In addition, this notice updates the system location and manager, 
categories of records, storage, retention and disposal, and record 
source categories.

Proposed New Routine Uses

Proposed New Routine Use 7

    APHIS is adding new routine use 7 to establish that APHIS will 
disclose the records to agencies that APHIS has interagency agreements 
or memoranda of understanding with, such as the Bureau of Land 
Management and the U.S. Fish and Wildlife Service, for cases in which a 
cooperator has a grazing allotment and the agencies require information 
about wildlife damage management actions performed on the agencies' 
managed land.

Proposed New Routine Use 8

    APHIS is adding new routine use 8 to establish that APHIS will 
disclose the records to consumer reporting agencies in accordance with 
section 31 U.S.C. 3711(e) for cases in which WS provides services under 
a funded cooperative agreement. APHIS is also updating the ``Disclosure 
to Consumer Reporting Agencies'' section of the notice to reflect this 
new routine use.

Proposed New Routine Use 9

    APHIS is adding new routine use 9 to establish that APHIS will 
disclose the records to Federal, State, Tribal, and local regulatory 
agencies and their employees and contractors who collaborate with WS.

Proposed New Routine Use 10

    APHIS is adding new routine use 10 to establish that APHIS will 
disclose the records to State- or Federal Government-level 
representatives of the U.S. Environmental Protection Agency to comply 
with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
mandate (FIFRA Sec. 8, 7 U.S.C. 136f, and FIFRA 7 U.S.C. 136i-l) as to 
application or deployment of regulated pesticides and regulated 
pesticide devices.

Revised Routine Uses

    Routine Use 1 and Routine Use 2 are being revised by APHIS to add 
reference to Tribal governments because some WS projects may take place 
on Tribal lands.
    A complete listing of routine uses of records maintained in the 
system is included in the document published with this notice.

System Location and Manager

    APHIS is amending the system location to reflect that the 
electronic component of the system and its back up are housed on secure 
USDA-owned and operated systems in Riverdale, MD, and Ft. Collins, CO, 
and are not located at USDA's National Information Technology Center 
(NITC) in Kansas City, MO. However, an APHIS mandate scheduled for 
implementation in Fiscal Year 2015, may dictate that the system be 
relocated to NITC in Kansas City, MO, possibly with a mirror image 
stored at the NITC-managed, Enterprise Data Center, St. Louis, MO. 
APHIS is also updating the title of the system manager.

Categories of Records

    In addition to the personally identifiable information previously 
listed in this notice, APHIS is also adding customer resource 
information, such as the numbers of animals WS may protect on a given 
property, because WS reports to customers the quantities and types of 
resources it protects over time and uses summarized date to report the 
resources it is protecting. This information will also include 
resources that were threatened, damaged, or destroyed by wildlife. In 
addition, we are adding information for WS collaborators and some WS 
contract pilots similar to the information maintained in the system for 
WS employees.

Storage

    APHIS is amending this section to agree with the ``System 
Location'' section of the notice and to add that documents that are 
executed originals will be maintained in State or regional WS offices 
that are locked during non-business hours and require employee 
identification for admittance at all times.

Retention and Disposal

    APHIS is amending this section to add that, in addition to Federal 
and State employee information remaining active in the system as long 
as the individual works for WS, information may remain active for as 
long as an employee's project-related work history is retained in the 
system. In addition, APHIS is adding that WS has developed record 
retention schedules for electronic information, but until they are 
approved by the National Archives and Records Administration (NARA), 
electronic records will be classified as permanent. Lastly, APHIS is 
adding that record retention schedules for WS paper-based records will 
be in accordance with NARA and existing APHIS policy.

Record Source Categories

    APHIS is clarifying that WS employees enter data submitted by 
cooperators (customers) and that WS may add information to the system 
that consists of reference and lookup data about pesticide 
registration, wildlife laws, and permits obtained from Federal, State, 
Tribal, and local authorities.

Miscellaneous

    The information collection requests associated with this system 
have been approved by the Office of Management and Budget under the 
Paperwork Reduction Act.
    A report on the revised system of records, required by 5 U.S.C. 
552a(r), as implemented by Office of Management and Budget Circular A-
130, was sent to the Chairman, Committee on Homeland Security and 
Governmental Affairs, United States Senate; the Chairman, Committee on 
Oversight and Government Reform, House of Representatives; and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget.

    Done in Washington, DC, this 28th day of September 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
USDA-APHIS-9

System name:
    Wildlife Services Management Information System

Security classification:
    None.

System location:
    The files (paper-based component) for the Wildlife Services (WS) 
Management Information System (MIS) are

[[Page 60874]]

maintained in the offices of Wildlife Services, Riverdale, MD; Wildlife 
Services Information Technology Support Center, Ft. Collins, CO; 
Federal and State area offices; and Federal regional offices. The 
electronic component of the system is housed on secure USDA-owned and 
operated systems in Riverdale, MD, and Ft. Collins, CO. A backup site 
for the data is also located at Riverdale, MD and Ft. Collins, CO. 
However, an APHIS mandate scheduled for implementation in fiscal year 
2016, may dictate that the system be relocated to USDA's National 
Information Technology Center (NITC) in Kansas City, MO, possibly with 
a mirror image stored at the NITC-managed, Enterprise Data Center, St. 
Louis, MO.

Categories of individuals covered by the system:
    Individuals who participate in depredation activities, including 
ranchers, farmers, livestock dealers (including agents and brokers) 
handling livestock covered by the program, airport employees, 
representatives of condominium associations, representatives of 
homeowner associations, private homeowners, golf course owners, 
employees of the Federal Government, employees of State and Tribal 
governments, pest control operators, contract personnel engaged in 
program activities, and other entities.

Categories of records in the system:
    The records consist of agreements for services; description of 
property; names and addresses of those entering the agreement; contact 
information, including names and telephone numbers; property locations 
and descriptions, which may include Global Positioning System 
coordinates and customer resource information; resources that were 
threatened, damaged, or destroyed by wildlife; adverse human or animal 
incidents information; and insurance, appraisals, indemnity, and 
property damage information. In addition, for cooperators for whom WS 
provides services on specific wildlife damage projects, an identifying 
number, which may be a Federal tax identification number, an employer 
identification number, or for individual citizens who are the primary 
contact in a funded cooperative agreement relationship, a social 
security number. (Identifying numbers are recorded only on the paper-
based component of the system.)
    The system also includes information about WS employees, WS 
collaborators, and some WS contract pilots, such as names, duty 
stations, user names, passwords, telephone numbers (home and work), 
email addresses (personal and work), and MIS-specific employee 
identification numbers.

Purpose(s) of the system:
    This system will be used to maintain a record of activities 
conducted by the agency pursuant to its mission and responsibilities 
for providing services necessary to manage wildlife damage to 
agriculture, human health and safety, natural resources, and human 
property.

Authority for maintenance of the system:
    The Act of March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and 
the Act of December 22, 1987 (7 U.S.C. 426(c)).

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, records maintained in the system may be 
disclosed outside USDA, to the extent that disclosure will not violate 
7 U.S.C. 8791, and any amendments thereto, as follows:
    (1) To cooperative Federal, State, Tribal, and local government 
officials, employees, or contractors, and other parties as necessary to 
carry out the program; and other parties engaged to assist in 
administering the program. Such contractors and other parties will be 
bound by the nondisclosure provisions of the Privacy Act. This routine 
use assists the agency in carrying out the program, and thus is 
compatible with the purpose for which the records are created and 
maintained;
    (2) To the appropriate agency, whether Federal, State, local, 
Tribal, or foreign, charged with responsibility of investigating or 
prosecuting a violation of law or of enforcing, implementing, or 
complying with a statute, rule, regulation, or order issued pursuant 
thereto, of any record within this system when information available 
indicates a violation or potential violation of law, whether civil, 
criminal, or regulatory in nature, and either arising by general 
statute or particular program statute, or by rule, regulation, or court 
order issued pursuant thereto;
    (3) To the Department of Justice when the agency, or any component 
thereof, or any employee of the agency in his or her official capacity, 
or any employee of the agency in his or her individual capacity where 
the Department of Justice has agreed to represent the employee, or the 
United States, in litigation, where the agency determines that 
litigation is likely to affect the agency or any of its components, is 
a party to litigation or has an interest in such litigation, and the 
use of such records by the Department of Justice is deemed by the 
agency to be relevant and necessary to the litigation; provided, 
however, that in each case, the agency determines that disclosure of 
the records to the Department of Justice is a use of the information 
contained in the records that is compatible with the purpose for which 
the records were collected;
    (4) For use in a proceeding before a court or adjudicative body 
before which the agency is authorized to appear, when the agency, or 
any component thereof, or any employee of the agency in his or her 
official capacity, or any employee of the agency in his or her 
individual capacity where the agency has agreed to represent the 
employee, or the United States, where the agency determines that 
litigation is likely to affect the agency or any of its components, is 
a party to litigation or has an interest in such litigation, and the 
agency determines that use of such records is relevant and necessary to 
the litigation; provided, however, that in each case, the agency 
determines that disclosure of the records to the court is a use of the 
information contained in the records that is compatible with the 
purpose for which the records were collected;
    (5) To appropriate agencies, entities, and persons when the agency 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; the agency 
has determined that as a result of the suspected or confirmed 
compromise, there is a risk of harm to economic or property interests, 
a risk of identity theft or fraud, or a risk of harm to the security of 
integrity of this system or other systems or programs (whether 
maintained by the agency or another agency or entity) that rely upon 
the compromised information; and the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with the agency's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm;
    (6) To USDA contractors, partner agency employee or contractors, or 
private industry employed to identify patterns, trends, or anomalies 
indicative of fraud, waste, or abuse;
    (7) To land management agencies, such as the Bureau of Land 
Management and the U.S. Fish and Wildlife Service relating to wildlife 
damage on grazing allotments;

[[Page 60875]]

    (8) To consumer reporting agencies in accordance with section 31 
U.S.C. 3711(e);
    (9) To Federal, State, Tribal, and local regulatory agencies and 
their employees and contractors who collaborate with Wildlife Services 
in implementation of, or agencies that regulate, wildlife management 
projects or programs, or who have an interest in, or regulate, animal 
or public health, or national security;
    (10) To State- or Federal Government-level representatives of the 
U.S. Environmental Protection Agency, in compliance with the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) mandate (FIFRA Sec. 
8, 7 U.S.C. 136f, and FIFRA 7 U.S.C. 136i-l), of the location on a 
cooperator's property where certain regulated pesticide devices are 
deployed or regulated pesticides are applied; and
    (11) To the National Archives and Records Administration (NARA) or 
to the General Services Administration for records management 
inspections conducted under 44 U.S.C. 2904 and 2906.

Disclosure to consumer reporting agencies:
    In accordance with section 31 U.S.C. 3711(e).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Policies for storing, retrieving, accessing, retaining, and 
disposing of records in the system are outlined in the Wildlife 
Services Information and Data Management Handbook and the APHIS Records 
Management Handbook and are summarized below.

Storage:
    The WS MIS records will be maintained in USDA-owned server storage. 
Documents that are executed originals will be maintained in State or 
regional Wildlife Services offices that are locked during non-business 
hours and require employee identification for admittance at all times.

Retrievability:
    Under this system, data may be retrieved and organized by agreement 
number, name of cooperator, or agreement holder. Retrieval permissions 
for employees who have access to the system are determined by the data 
usage role of the employee and are compliant with the APHIS ``least 
privilege'' rule.

Safeguards:
    Control measures designed 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 cybersecurity measures and firewalls are 
built into the application user interface, and monitoring of use of the 
MIS for profiles of misuse is possible. 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:
    Information identifying cooperators is kept in the system as long 
as a cooperator retains an active agreement with WS. Federal and State 
employee information is kept active in the system as long as the 
individual works for WS or as long as their project-related work 
history is retained in the system. WS has developed record retention 
schedules for electronic information, but until they are approved by 
NARA, electronic records will be classified as permanent. Record 
retention schedules for WS paper-based records are in accordance with 
NARA and existing APHIS policy.

System manager(s) and address:
    Director, Applications Development, Information Technology Support 
Center, Wildlife Services, USDA/APHIS, NRRC, 2150 Centre Avenue, 
Building A, Suite 143, Fort Collins, CO 80526.

Notification procedure:
    Any individual may request general information regarding this 
system of records or information as to whether the system contains 
records pertaining to him/her from the system manager at the address 
above. All inquiries pertaining to this system should be in writing, 
must name the system of records as set forth in the system notice, and 
must contain the individual's name, telephone number, address, and 
email address.

Record access procedures:
    Any individual may obtain information from a record in the system 
that pertains to him or her. Requests for hard copies of records should 
be in writing, and the request must contain the requesting individual's 
name, address, name of the system of records, timeframe for the records 
in question, any other pertinent information to help identify the file, 
and a copy of his/her photo identification containing a current address 
for verification of identification. All inquiries should be addressed 
to the Freedom of Information and Privacy Act Staff, Legislative and 
Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-
1232.

Contesting record procedures:
    Any individual may contest information contained within a record in 
the system that pertains to him/her by submitting a written request to 
the system manager at the address above. Include the reason for 
contesting the record and the proposed amendment to the information 
with supporting documentation to show how the record is inaccurate.

Record source categories:
    WS users generate data about the work performed by WS. Additional 
data is collected is voluntarily submitted by cooperators (customers) 
and entered into the system by WS employees. In addition, reference and 
lookup data about pesticide registration, wildlife laws, and permits 
are obtained from Federal, State, Tribal, and local authorities.

Exemptions claimed for the system:
    None.

[FR Doc. 2015-25640 Filed 10-7-15; 8:45 am]
 BILLING CODE 3410-34-P