Privacy Act of 1974; System of Records, 40385-40388 [2019-17461]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40385-40388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17461]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2014-0075]


Privacy Act of 1974; System of Records

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of a new system of records.

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SUMMARY: The Animal and Plant Health Inspection Service proposes to add 
a system of records to its inventory of records systems subject to the 
Privacy Act of 1974, as amended. The system of records being proposed 
is the Agricultural Quarantine Activity System, USDA/APHIS-20. 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. Although the Privacy Act 
requires only that the portion of the system which describes the 
``routine uses'' of the system be published for comment, we invite 
comment on all portions of this notice.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice 
will become applicable upon publication, subject to a 30-day notice and 
comment period in which to comment on the routine uses described below. 
Please submit any comments by September 13, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0075.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0075, 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-
0075 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: For general questions, please contact 
Mr. Emilio Vasquez, Business System Manager, QPAS, PPQ, APHIS, 4700 
River Road, Unit 60, Riverdale, MD 20737; (301) 851-2257. For Privacy 
Act questions concerning this system of records notice, please contact 
Ms. Tonya Woods, Director, Freedom of Information and Privacy Act 
Staff, 4700 River Road, Unit 50, Riverdale, MD 20737; (301) 851-4076. 
For USDA Privacy Act questions, please contact the USDA Chief Privacy 
Officer, Information Security Center, Office of Chief Information 
Officer, USDA, Jamie L. Whitten Building, 1400 Independence Ave. SW, 
Washington, DC 20250; email: [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Privacy 
Act of 1974 (5 U.S.C. 552a), notice is given that the Animal and Plant 
Health Inspection Service (APHIS) of the U.S. Department of Agriculture 
(USDA) is proposing to add a new system of records, entitled the 
Agricultural Quarantine Activity System (AQAS), USDA/APHIS-20, which 
would be used to maintain a record of activities conducted by the 
agency pursuant to its mission and responsibilities authorized by the 
Plant Protection Act (7 U.S.C. 7701 et seq. and 7 U.S.C. 7781 et seq.); 
the Honey Bee Act (7 U.S.C. 281 et seq.); and the Animal Health 
Protection Act (7 U.S.C. 8301 et seq.).
    APHIS' Plant Protection and Quarantine (PPQ) program and Department 
of Homeland Security's U.S. Customs and Border Protection (CBP) will 
use AQAS to record trade-related activities conducted inside the United 
States. The data associated with trade events includes shipment 
arrivals, quarantine activities, invasive pest interceptions, and other 
commodity inspection and pest exclusion actions. This system aids the 
free flow of agricultural goods into the country by collecting 
agricultural risk data that ultimately helps to minimize the impact of 
quarantine activities on trade. Additionally, it records activities 
conducted by APHIS within the U.S. borders pertaining to detecting the 
unlawful entry and distribution of prohibited and/or non-compliant 
products that may harbor exotic plant and animal pests, diseases, or 
invasive species. These activities are captured in AQAS via subsystems 
that are interrelated, web-based systems, and share a common platform. 
A complete listing of the subsystems is included in the purposes 
section of the document published with this notice.
    APHIS will share information from the system pursuant to the 
requirements of the Privacy Act and, in the case of its routine uses, 
when the disclosure is compatible with the purpose for which the 
information was compiled. A full list of routine uses is included in 
the routine uses section of the document published with this notice.
    A report on the new system of records, required by 5 U.S.C. 
552a(r), as implemented by Office of Management and Budget Circular A-
108, was sent to the Chairman, Committee on Homeland Security and 
Governmental Affairs, United States Senate; the Chairman, Committee on 
Oversight and Reform, House of Representatives; and the Administrator, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget.

    Done in Washington, DC, this 8th day of August 2019.
Kevin Shea,
 Administrator, Animal and Plant Health Inspection Service.
USDA/APHIS-20

SYSTEM NAME AND NUMBER
    Agricultural Quarantine Activity System (AQAS), USDA/APHIS-20.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    AQAS servers, files, data, and software are hosted at the National 
Information Technology Center (NITC), 8930 Ward Parkway, Kansas City, 
MO. The AQAS backup system is located at NITC enterprise data centers 
at 4300 Goodfellow Blvd., St. Louis, MO.

SYSTEM MANAGER:
    Director, Quarantine, Policy, Analysis and Support, Plant Health 
Programs, PPQ, APHIS, 4700 River Road, Unit 60, Riverdale, MD 20737.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Plant Protection Act, 7 U.S.C. 7701 et seq. and 7 U.S.C. 7781 
et seq.; the Honey Bee Act, 7 U.S.C. 281 et seq.; and the Animal Health 
Protection Act, 7 U.S.C. 8301 et seq.

PURPOSES OF THE SYSTEM:
    The AQAS records agricultural quarantine activities conducted by 
U.S.

[[Page 40386]]

Customs and Border Protection (CBP) and Animal and Plant Health 
Inspection Service (APHIS) employees at the U.S. ports of entry. This 
system also records agricultural quarantine activities conducted inside 
the United States that are related to trade. This system aids the free 
flow of agricultural goods into the country by collecting agricultural 
risk data that ultimately helps to minimize the impact of quarantine 
activities on trade. Additionally, it records activities conducted by 
APHIS within the U.S. borders pertaining to detecting the unlawful 
entry and distribution of prohibited and/or noncompliant products that 
may harbor exotic plant and animal pests, diseases, or invasive 
species.
    AQAS consists of subsystems that are interrelated, web-based 
systems and share a common platform.
    The AQAS subsystems include:

 AQIM--Agricultural Quarantine Inspection Monitoring System
 EAN--Emergency Action Notification Database
 Pest ID--Pest Interception Database
 PPQ280--Regulated Commodities Database
 PPQ264--Propagative Imports Notification Database
 Mail287--Mail Interception Notification Database
 WADS--Work Accomplishment Data System

    The AQIM system provides a systematic approach to determining the 
risks of cargo approaching ports of entry into the United States by 
collecting specific pieces of data about randomly sampled shipments and 
analyzing the data to identify the high risk criteria and to target 
inspections accordingly. The EAN system tracks the issuance of 
Emergency Action Notifications. CBP and Plant Protection and Quarantine 
(PPQ) officers at U.S. ports of entry and throughout the country 
generate an EAN form when an actionable violation is detected related 
to prohibited pests and/or agricultural products found in foreign cargo 
or in U.S. marketplaces and domestic sites. The Pest ID system was 
developed to replace the PIN309 system and records pest interceptions 
in agricultural commodities at the U.S. ports of entry and throughout 
the country. The PIN309 system captured all of the data in the current 
Pest ID system and all data in the PIN309 system was migrated over to 
the Pest ID system. The PPQ280 system tracks fruits, vegetables, 
flowers, propagative material, logs, lumber, cotton products, and 
certain miscellaneous products imported or transiting through a port. 
It tracks the final disposition of the commodity, the number of 
shipments, the weight or volume, the type, and the country of origin of 
the commodity. The PPQ264 portion of the PPQ280 system is used by the 
PPQ Plant Inspection Stations to track imported propagative material 
and permitted organisms. The Mail287 system maintains records of Mail 
Interception Notices. This form documents noncompliant actions of 
persons who mail United States Department of Agriculture (USDA) 
regulated articles through postal mail processing facilities. Articles 
that are prohibited or restricted are often confiscated and the 
intended recipient is notified via this form. The WADS system records 
work activities related to agricultural quarantine inspections at U.S. 
ports of entry. WADS codes are designed to report on activities such as 
the number of foreign arriving passengers or cargo and number of 
inspections conducted. The purpose of the WADS system is to enable 
APHIS to set risk management priorities and to make staffing 
recommendations. WADS data are analyzed in conjunction with other AQAS 
data for risk analysis.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records associated with agricultural 
quarantine inspection activities conducted by CBP and PPQ at U.S. ports 
of entry. The records include the following categories of individuals: 
Foreign arrival passengers, senders and recipients listed on 
intercepted mail, agricultural commodity importers, shippers, carriers, 
owners, consignees, delivery contact persons, permit holders, and other 
individuals involved in the relevant programs or activities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    For foreign arrival passengers, agricultural commodity importers, 
shippers, carriers, owners, consignees, delivery contact persons, 
permit holders, and other individuals involved in the relevant programs 
or activities, the records include, but are not limited to, some or all 
of the following: Names, addresses, telephone and fax numbers, permit 
numbers, and/or emergency action notification form serial numbers. AQAS 
contains the names and addresses of the senders and recipients recorded 
on intercepted mail. This system may also contain targeting information 
used to categorize inspection activities associated with vehicles 
including name or type of carrier, voyage or flight data, and 
destination State. AQAS also contains the contact information of the 
CBP and APHIS inspection officials, including names, telephone numbers, 
and fax numbers.

RECORD SOURCE CATEGORIES:
    Information within this system is obtained from the general public, 
import documents, CBP data systems, and from Federal and State 
regulatory officials, including APHIS and CBP employees.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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, as follows, to the extent that such disclosures 
are compatible with the purposes for which the information was 
collected:
    (1) To DHS CBP and other cooperating Federal or State government 
employees, or contractors 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 provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are USDA officials and employees. Specific applications 
include, but are not limited to, issuing notifications for 
noncompliance to importers, shippers, property owners, mail recipients 
or addressees; informing State entities about upcoming plant shipments; 
using AQIM data to track and analyze various pathways and the 
commodities entering those pathways into the United States for purposes 
of pest risk management; and generating reports to evaluate quality 
control and effectiveness of the program;
    (2) To appropriate law enforcement agencies, entities, and persons, 
whether Federal, foreign, State, Tribal, local, or other public 
authority responsible for enforcing, investigating, or prosecuting an 
alleged violation or a violation of law or charged with enforcing, 
implementing, or complying with a statute, rule, regulation, or order 
issued pursuant thereto, when a record in this system on its face, or 
in conjunction with other records, indicates a violation or potential 
violation of law, whether civil, criminal, or regulatory in nature, and 
whether arising by general statute or particular program statute, or by 
regulation, rule, or court order issued pursuant thereto, if the 
information disclosed is relevant to any enforcement, regulatory, 
investigative, or prosecutive responsibility of the receiving entity;

[[Page 40387]]

    (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) To a court or adjudicative body in administrative, civil, or 
criminal proceedings when: (a) The agency or any component thereof; or 
(b) any employee of the agency in his or her official capacity; or (c) 
any employee of the agency in his or her individual capacity where the 
agency has agreed to represent the employee; or (d) the United States 
Government, is a party to litigation or has an interest in such 
litigation, and by careful review, the agency determines that the 
records is therefore deemed by the agency to be for a purpose that is 
compatible with the purpose for which the agency collected the records;
    (5) To appropriate agencies, entities, and persons when: (a) USDA 
suspects or has confirmed that there has been a breach of the system of 
records; (b) USDA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, USDA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; 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 another Federal agency or Federal entity, when the USDA 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach;
    (7) To a Congressional office from the record of an individual in 
response to any inquiry from that Congressional office made at the 
written request of the individual to whom the record pertains;
    (8) To USDA contractors and other parties engaged to assist in 
administering the program, analyzing data, and conducting audits. Such 
contractors and other parties will be bound by the nondisclosure 
provisions of the Privacy Act;
    (9) To USDA contractors, partner agency employees or contractors, 
or private industry employed to identify patterns, trends, or anomalies 
indicative of fraud, waste, or abuse; and
    (10) To the National Archives and Records Administration or to the 
General Services Administration for records management activities 
conducted under 44 U.S.C. 2904 and 2906.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The system includes a database and paper records. Records are 
maintained on magnetic hard-disk. Paper records, such as Emergency 
Action Notifications, are maintained in offices that are locked during 
non-business hours and require the presentation of employee 
identification for admittance at all times. Onsite storage includes the 
system and a daily backup of media. Backup media is transferred to an 
offsite storage facility after 30 days.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by an individual's name, business name, 
address, telephone number, fax number, email address, permit number, 
and/or emergency action notification form serial number associated with 
an importer, shipper, carrier, owner, consignee, delivery contact 
person, permit holder, and/or a sender and recipient on intercepted 
mail.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be retained indefinitely until appropriate disposition 
authority is obtained, and records will then be disposed of in 
accordance with the authority granted.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records, both paper and electronic, are only accessible to 
authorized personnel. The following physical security measures are in 
place to prevent outsiders from entering the system:
    Electronic records are stored on secure file servers. For 
electronic records, all AQAS users are required to complete a 
registration process. AQAS enables users to obtain user-identification 
accounts that allow password-protected access through the internet. The 
secure web-based service identifies and validates users before they can 
access this system.
    Paper files are kept in a safeguarded environment with controlled 
access only by authorized personnel. All APHIS and CBP personnel are 
required to go through background and security checks. APHIS and CBP 
employees are also required to complete appropriate training to learn 
requirements for safeguarding records maintained under the Privacy Act. 
Access to the system is role-based. Therefore, CBP employees are 
limited to accessing records created by CBP or associated with a CBP 
work unit location.

RECORD ACCESS PROCEDURES:
    An individual who is the subject of a record in this system may 
seek access to those records that are not exempt from the access 
provisions. Exemptions apply only to the extent that the information in 
the system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2), if 
applicable. A determination whether a record may be accessed will be 
made at the time a request is received. All inquiries should be 
addressed under ``Notification procedures.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the address indicated in the 
``Notification procedures'' section, below. Some information may be 
exempt from the amendment provisions, as described in the section 
entitled ``Exemptions promulgated for the system.'' An individual who 
is the subject of a record in this system may seek amendment of those 
records that are not exempt. A determination whether a record may be 
amended will be made at the time a request is received.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of and access to any non-exempt 
general information contained in this system of records, or seeking to 
contest its content, may submit a request in writing to the APHIS 
Freedom of Information Act (FOIA) Officer, whose contact information 
can be found at https://www.aphis.usda.gov/aphis/resources/foia. If an 
individual believes more than one component maintains Privacy Act

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records concerning him or her the individual may submit the request to 
the Chief FOIA Officer, Department of Agriculture, 1400 Independence 
Avenue SW, Washington, DC 20250.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
or perjury as a substitute for notarization. In addition you should 
provide the following:
     An explanation of why you believe the Department would 
have information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the FOIA 
staff determine which USDA component agency may have responsive 
records; and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his or her agreement for you to access his or her records.
    Without this bulleted information and the component(s), we will not 
be able to conduct an effective search, and your request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    N/A.

[FR Doc. 2019-17461 Filed 8-13-19; 8:45 am]
 BILLING CODE 3410-34-P