Privacy Act of 1974; System of Records, 56999-57004 [2019-23210]
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56999
Notices
Federal Register
Vol. 84, No. 206
Thursday, October 24, 2019
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
Submission for OMB Review;
Comment Request
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October 21, 2019.
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995.
Comments are requested regarding;
whether the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; ways to enhance the
quality, utility and clarity of the
information to be collected; and ways to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Comments regarding this information
collection received by November 25,
2019 will be considered. Written
comments should be addressed to: Desk
Officer for Agriculture, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), New Executive Office Building,
725 17th Street NW, Washington, DC
20502. Commenters are encouraged to
submit their comments to OMB via
email to: OIRA_Submission@
OMB.EOP.GOV or fax (202) 395–5806
and to Departmental Clearance Office,
USDA, OCIO, Mail Stop 7602,
Washington, DC 20250–7602. Copies of
the submission(s) may be obtained by
calling (202) 720–8958.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
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potential persons who are to respond to
the collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
Animal and Plant Health Inspection
Service
Title: NAHMS Swine 2020 Study.
OMB Control Number: 0579–0315.
Summary of Collection: Collection
and dissemination of animal health data
and information is mandated by 7
U.S.C. 391, the Animal Industry Act of
1884, which established the precursor of
the Animal and Plant Health Inspection
Service (APHIS), Veterinary Services,
the Bureau of Animal Industry. Legal
requirements for examining and
reporting on animal disease control
methods were further mandated by 7
U.S.C. 8308 of the Animal Health
Protection Act, ‘‘Detection, Control, and
Eradication of Diseases and Pests,’’ May
13, 2002. This collection of swine data
is consistent with the APHIS mission of
protecting and improving American
agriculture’s productivity and
competitiveness.
Need and Use of the Information: The
information collected through the Swine
2020 study will be analyzed, interpreted
and disseminated to a wide variety of
constituents. APHIS will use the data
collected from the study to: (1) Predict
or detect national and regional trends in
disease emergence and movement such
as the prevalence of clinical signs of
Coronavirus, Seneca Valley Virus,
respiratory, and enteric disease in pigs,
(2) Provide factual information on
housing, marketing and movements for
smaller swine operations, (3) Update
national and regional production
measures for the producer, veterinary,
and industry reference, (4) Provide
factual information on antimicrobial
resistance among isolates obtained from
feces, and (5) Provide assistance to
researchers and the industry in
evaluating the utility and accuracy of
newer pathogen collection methods
such as ropes to test saliva. Without this
current study, APHIS would be unable
to continue the trends analysis that
began with the Swine 2007 and 2012
studies that various parts of the industry
as well as many federal and state
partners have come to rely on.
Description of Respondents: Business
or other for-profit; Farms.
Number of Respondents: 9,965.
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Frequency of Responses: Reporting:
Other (one time).
Total Burden Hours: 11,165.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2019–23195 Filed 10–23–19; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2011–0102]
Privacy Act of 1974; System of
Records
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice of a modified system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974 and Office of Management and
Budget Circular No. A–108, the U.S.
Department of Agriculture (USDA) gives
notice that a component agency, the
Animal and Plant Health Inspection
Service (APHIS), proposes to modify an
existing system of records notice titled
Veterinary Services—Animal Welfare,
USDA/APHIS–8. Among other changes,
the system will be renamed Animal
Welfare Act and Horse Protection Act,
USDA/APHIS–8.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this notice is
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 November 25, 2019.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to:
https://www.regulations.gov/
#!docketDetail;D=APHIS-2011-0102.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2011–0102, 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-2011-0102 or
in our reading room, which is located in
Room 1141 of the USDA South
SUMMARY:
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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.
Tola Liv, Information Systems Security
Manager, Animal Care, APHIS, 4700
River Road Unit 84, Riverdale, MD
20737; (301) 851–3741. For Privacy Act
questions concerning this system of
records notice, please contact Ms. Tonya
Woods, Director, Freedom of
Information Act/Privacy Act, 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:
USDAPrivacy@ocio.usda.gov.
SUPPLEMENTARY INFORMATION:
I. The Privacy Act
The Privacy Act of 1974, as amended
(5 U.S.C. 552a), embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, including the
routine uses for each system, to inform
individuals how and why Privacy Act
information may be disclosed outside of
the agency.
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II. Discussion
The U.S. Department of Agriculture
(USDA) Animal and Plant Health
Inspection Service (APHIS) is modifying
an existing system of records notice for
Veterinary Services-Animal Welfare,
USDA/APHIS–8, which was last
published on February 27, 1987, in its
entirety in the Federal Register (52 FR
6031, Docket No. 86–408). APHIS is
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modifying the system of records notice
to rename the system as ‘‘Animal
Welfare Act and Horse Protection Act,
USDA/APHIS–8.’’ APHIS is also
expanding the system to include records
of activities conducted by regulated
entities and the agency pursuant to the
Animal Welfare Act (AWA, 7 U.S.C.
2131–2159) and the Horse Protection
Act (HPA, 15 U.S.C. 1821–1831), and
the regulations issued thereunder.
APHIS is making the following
changes to the system of records notice:
• Updating the system location and
system manager;
• Expanding the categories of
individuals to include additional
individuals who participate in activities
related to the AWA as well as
individuals who participate in activities
related to the HPA or who are otherwise
identified in HPA or AWA related
records;
• Expanding the categories of records
to include additional records relating to
the AWA and HPA;
• Revising the record source
categories to reflect records relating to
the HPA;
• Updating the policies and practices
for storage, retrievability, and retention
and disposal of records in the system;
• Updating the system safeguards;
• Updating the notification, record
access, and contesting record
procedures;
• Revising, deleting, redesignating,
and establishing routine uses as follows:
Æ Deleting current routine use 1,
which will be clarified and replaced by
newly established routine uses;
Æ Revising current routine use 2 and
redesignating it as routine use 12. The
changes are editorial and intended to
more accurately describe the referral of
records to appropriate law enforcement
agencies, entities and persons;
Æ Revising current routine use 3 and
redesignating it as routine use 13. The
changes are editorial and conforming
changes;
Æ Revising current routine use 4 and
redesignating it as routine use 14. The
changes are editorial and intended to
more accurately describe the disclosure
of records to a court or adjudicative
body;
Æ Revising current routine use 5 and
redesignating it as routine use 19. The
changes are editorial and conforming
changes;
Æ Establishing new routine use 1 for
disclosure of licensee and registrant
information to the public pursuant to 9
CFR 2.38(c) and 9 CFR 2.127;
Æ Establishing new routine use 2 for
disclosure of annual report information
to the public pursuant to 9 CFR 2.7 and
9 CFR 2.36;
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Æ Establishing new routine use 3 for
disclosure of information from
inspection reports and regulatory
correspondence to attending
veterinarians in order to carry out duties
under the AWA pursuant to 9 CFR 2.33
and 9 CFR 2.40;
Æ Establishing new routine use 4 for
disclosure of information to other public
authority agencies or officials to carry
out duties under the AWA or under
laws on the same subject pursuant to 7
U.S.C. 2145(b);
Æ Establishing new routine use 5 for
disclosure of inspection reports and
permit status to entities such as pet
stores to the extent required to comply
with a State, local, Tribal or other public
authority’s requirement to verify
compliance with the AWA;
Æ Establishing new routine use 6 for
disclosure of information to a research
institution to complete research or
compile a report in furtherance of
USDA’s mission;
Æ Establishing new routine use 7 for
disclosure of final adjudicatory
decisions and orders to any person;
Æ Establishing new routine use 8 for
disclosure to any person of information
identifying Designated Qualified
Persons and Horse Industry
Organizations (HIOs) or associations;
Æ Establishing new routine use 9 for
disclosure of HPA inspection findings
and correspondence to any regulated
horse owner, HIO, and other entities
responsible for licensure or required to
verify compliance with the HPA;
Æ Establishing new routine use 10 for
disclosure to any person of information
identifying a person or entity who has
been disqualified, suspended, and/or
otherwise prohibited from participating
in certain activities under the HPA;
Æ Establishing new routine use 11 for
disclosure to any person of information
identifying any regulated entity or
individual whose AWA license or
permit has been suspended, revoked,
expired, terminated, or denied;
Æ Establishing new routine use 15 for
disclosure to appropriate agencies,
entities and persons of information
necessary to respond to a suspected or
confirmed breach of the system of
records in accordance with Office of
Management and Budget (OMB)
Memorandum M–17–12, Preparing for
and Responding to a Breach of
Personally Identifiable Information
(January 3, 2017);
Æ Establishing new routine use 16 for
disclosure to another Federal agency or
entity of information reasonably
necessary to assist in responding to a
suspected or confirmed breach or to
prevent, minimize, or remedy harm, in
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accordance with OMB Memorandum
M–17–12;
Æ Establishing new routine use 17 for
disclosure to USDA contractors and
other parties assisting in administering
the program, analyzing data,
information management systems,
Freedom of Information Act requests,
and audits;
Æ Establishing new routine use 18 for
disclosure to USDA contractors and
others employed to identify fraud,
waste, or abuse;
Æ Establishing new routine use 20 for
disclosure to the National Archives and
Records Administration or to the
General Services Administration for
records management activities; and
Æ Establishing new routine use 21 for
disclosure to the Treasury Department
to carry out any and all functions within
their jurisdiction, including but not
limited to, processing payments, fees,
collections, penalties, and offsets.
A report on the modified 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 18th day of
October 2019.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
SYSTEM NAME AND NUMBER:
Animal Welfare Act and Horse
Protection Act, USDA/APHIS–8
SECURITY CLASSIFICATION:
Sensitive but unclassified.
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SYSTEM LOCATION:
Paper-based records are located in the
APHIS offices at 4700 River Rd,
Riverdale, MD; 920 Main Campus Drive
Suite 200, Raleigh, NC; and 2150 Centre
Avenue, Building B, Mailstop 3W11,
Fort Collins, CO. The server for the
electronic database is currently located
in the United States Department of
Agriculture’s (USDA or Department)
National Information Technology Center
(NITC), 8930 Ward Parkway, Kansas
City, MO 64114, but may be relocated to
a similarly secure location, as needed. A
backup site for the electronic data is
located in the NITC Disaster Recovery,
4300 Goodfellow Blvd., St. Louis, MO
63120, but may be relocated to a
similarly secure location, as needed.
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SYSTEM MANAGER:
Deputy Administrator, Animal Care,
APHIS, 4700 River Road, Unit 84,
Riverdale, MD 20737.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Animal Welfare Act (AWA), 7
U.S.C. 2131 et seq., and the regulations
issued thereunder, 9 CFR parts 1
through 4; and the Horse Protection Act
(HPA), 15 U.S.C. 1821 et seq., and the
regulations issued thereunder, 9 CFR
parts 11 and 12.
PURPOSES OF THE SYSTEM:
This system supports APHIS’
administrative activities and
enforcement of the AWA and HPA.
The AWA seeks to ensure the humane
handling, care, treatment, and
transportation of animals intended for
use by dealers, exhibitors, carriers,
research facilities, operators of auction
sales, and intermediate handlers. The
entities using certain animals for
research purposes, exhibition, and
transportation in commerce, or for
resale use as a pet are required to obtain
a license or registration from the USDA.
In addition, entities importing dogs into
the United States for resale purposes are
required to obtain a permit. APHIS
partners with Federal agencies, States,
local and Tribal governments and nongovernmental organizations to ensure
the safety, health and well-being of
vulnerable animals.
The HPA prohibits the showing, sale,
auction, exhibition, and transportation
of horses that have been subject to the
practice of soring, which is a cruel and
inhumane practice designed to enhance
a horse’s competitive advantage in
shows and exhibitions. The HPA also
holds the management of any horse
show or other regulated event
responsible for identifying sore horses
and preventing their participation in the
event. To be shielded from liability for
the participation of a sore horse,
management may appoint and retain
persons qualified to detect and diagnose
a horse that is sore or otherwise inspect
horses for purposes of enforcing the
HPA. After notice and an opportunity
for a hearing in accordance with the
applicable rules of practice, alleged
violators of the HPA may be subject to
penalties and sanctions for violations.
APHIS partners with Federal agencies,
States, local and Tribal governments
and non-governmental organizations to
ensure that horses are not subjected to
the practice of soring.
This system provides a standard
approach to collecting, recording,
analyzing, maintaining, and reporting
information.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by the system
include persons operating or intending
to operate as dealers, exhibitors,
operators of auction sales, research
facilities, intermediate handlers, and
carriers under the AWA; individuals
who import dogs into the United States
for resale purposes; individuals
associated with the management of
Department-certified Horse Industry
Organizations and Associations (HIOs);
persons who are qualified to detect and
diagnose a horse that is sore or
otherwise inspect horses for purposes of
enforcing the HPA; management of
horse shows, exhibitions, sales, and
auctions regulated under the HPA;
alleged violators and adjudicated
violators of the AWA and HPA and
regulations issued thereunder; and other
individuals who participate in
inspection and enforcement activities
relating to AWA and HPA, such as
APHIS inspectors, APHIS Investigative
and Enforcement Services investigators,
licensee employees/representatives,
attorneys, witnesses, complainants, etc.
CATEGORIES OF RECORDS IN THE SYSTEM:
Animal Welfare Act Records:
The system includes paper and
electronic records that include:
Licensing and registration records,
including, but not limited to, name and
business or home address, telephone
number, and other contact information;
tax identification number, customer
number, license or registration
certificate number; licensee and
research facility annual reports related
to persons who seek or hold an AWA
license or registration, persons
responsible to ensure humane care of
the animals (e.g., attending
veterinarians) located at AWA regulated
facilities; payment details such as name,
last four digits of credit card and
expiration date, or check numbers and
amount for those who have applied for
a license or renewal of a license
requiring a payment; and other records
required for regulatory purposes under
the AWA.
Compliance records, including, but
not limited to, inspection reports,
itineraries, enforcement actions, and
other compliance records required to be
maintained by the facility and
supporting documents, compliance- and
enforcement-related activities, and other
records required for regulatory purposes
under the AWA.
Regulatory correspondence,
including, but not limited to,
information related to the denial or
termination of a license or permit, and
notices or advisories regarding alleged
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violations or noncompliance with the
AWA, records related to administrative
and court litigation, correspondence
between APHIS and a licensee/
registrant/permitee or applicant, and
other records required for regulatory
purposes under the AWA.
Complaint records, including, but not
limited to, witness or person who has
submitted information, and statements
of alleged violations and violations by
persons who are subject to the AWA.
Permit records, including, but not
limited to, name, address, and other
contact information for the permittee,
permit application, health certificate,
rabies vaccination certificate, etc.; and
other records required for regulatory
purposes under the AWA.
Horse Protection Act Records:
The system includes paper and
electronic records that include:
Management records, including, but
not limited to, name, business and/or
home address, other contact information
for managers or other management
representatives, sponsoring
organizations, persons designated to
maintain management records, show
judges, etc.; details of events and
locations, including, but not limited to,
dates and addresses; and other records
required for regulatory purposes under
the HPA.
Transporter records, including, but
not limited to, name, address, and other
contact information of the horse owner
and the shipper, the trainer, the carrier
transporting the horse, the driver of the
means of conveyance used; the origin of
the shipment and date thereof and the
destination of shipment; and other
records required for regulatory purposes
under the HPA.
HIO records, including, but not
limited to, the name, address, and other
contact information of each certified
HIO, and officers or persons charged
with the management of the HIO; the
HIO’s formal request for certification
and detailed outline for such program
submitted for Departmental approval,
rulebooks and industry-implemented
disciplinary procedures, and associated
correspondence; the name and address
of any person qualified to detect and
diagnose a horse that is sore or to
otherwise inspect horses for purposes of
enforcing the HPA or the management
of any horse show, exhibition, sale, or
auction; identity of all horses at each
event that management disqualified or
excused for any reason, including the
registered name of each horse and the
name and address of the owner, trainer,
rider, exhibitor, or other person having
custody of or responsibility for the care
of each such horse; the exhibitor’s
number and class number, or the sale or
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auction tag number of the horse, the
name and any applicable registered
name and number (if the horse is
registered), age, sex, color, and markings
of the horse; disciplinary actions taken
by the HIO against any exhibitor;
photographs and videos depicting
inspections conducted by HIO-licensed
designated qualified persons; HIO
performance evaluations and statistics;
and other records required for
regulatory purposes under the HPA.
Designated qualified persons records
(persons qualified to detect and
diagnose a horse that is sore or to
otherwise inspect horses for purposes of
enforcing the HPA) including, but not
limited to, the name, address, other
contact information, and license number
of each person who applies and/or is
licensed to inspect horses in accordance
with the HPA and regulations,
information related to the
disqualification of a person from
holding a license to detect soreness in
horses, and correspondence, including
notice of performance concerns or
license cancellation; details of
inspections and identity of all horses at
each event that the person
recommended to management be
disqualified or excused for any reason,
including the registered name of each
horse and the name and address of the
owner, trainer, rider, exhibitor, or other
person having custody of or
responsibility for the care of each such
horse; the exhibitor’s number and class
number, or the sale or auction tag
number of the horse, the name and any
applicable registered name and number
(if the horse is registered), age, sex,
color, and markings of the horse;
photographs and videos depicting
inspections conducted by designated
qualified persons; performance
evaluations and statistics; and other
records required for regulatory purposes
under the HPA.
Compliance and regulatory
correspondence records, including, but
not limited to, inspection findings,
compliance, regulatory and other
correspondence, investigations, and
enforcements under the HPA, as well as
records related to administrative, civil,
and criminal litigation; and other
records required for regulatory purposes
under the HPA.
Complaint records, including, but not
limited to, the name and address of a
witness or person who has submitted a
complaint concerning potential alleged
violations and violations by persons
who are subject to the HPA and the
nature of their complaint.
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RECORD SOURCE CATEGORIES:
The AWA information is received
from the applicant for a license,
registration, or permit; the licensee,
registrant, or permittee; the attending
veterinarian; observations by APHIS
inspectors; APHIS Investigative and
Enforcement Services officials; or other
person responsible for or who has
information about the humane care of
the animals. The HPA information is
received from the HIO and other entities
that issue licenses; the HIO records
submitted to APHIS; the management of
the horse show, exhibition, auction, or
sale; the horse event management
records submitted to APHIS; records
submitted to APHIS by persons
qualified to detect and diagnose a horse
that is sore or otherwise inspect horses
for purposes of enforcing the HPA; and
the horse owner, trainer, custodian,
rider, shipper, carrier, and transporter.
Information may also be received from
the witness or person who has
submitted a complaint concerning
potential alleged violations and
violations by persons who are subject to
the AWA or HPA.
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:
(1) APHIS may disclose the name,
city, State, license or registration type
and/or status, or change of a license or
registrant to any person pursuant to 9
CFR 2.38(c) and 2.127;
(2) APHIS may disclose annual
reports submitted to APHIS by licensees
and research facilities to any person
pursuant to 9 CFR 2.7 and 2.36;
(3) APHIS may disclose inspection
reports and other regulatory
correspondence issued to licensees and
registrants [from the agency] to any
attending veterinarian in order to carry
out duties under the AWA pursuant to
9 CFR 2.33 and 2.40;
(4) APHIS may disclose the name,
telephone number and other contact
information, location, inspection
reports, and regulatory and other
correspondence of licensees, registrants,
permitees, and applicants for the same,
to appropriate Federal, foreign, State,
local, Tribal, or other public authority
agencies or officials, in order to carry
out duties under the AWA or State,
local, Tribal or other public authority on
the same subject pursuant to 7 U.S.C.
2145(b);
(5) APHIS may disclose inspection
reports of licensees and registrants, and
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permit status, to any pet store or other
entity that is required under State, local,
Tribal, or other public authority to
verify a licensee, registrant, or
permitee’s compliance with the AWA;
(6) APHIS may disclose information
to the National Academies of Sciences,
Engineering, and Medicine, and any
other research institution engaged or
approved by the Department, to the
extent APHIS deems the disclosure
necessary to complete research and/or
compile a report in furtherance of the
Department’s mission;
(7) APHIS may disclose final
adjudicatory AWA and HPA decisions
or orders by an appropriate authority to
any person;
(8) APHIS may disclose to any person
the name, city, and State or other
information to the extent necessary for
proper identification of persons
(referred to as ‘‘Designated Qualified
Persons’’ or ‘‘DQPs’’) that are or have
been qualified to detect and diagnose a
horse that is sore or otherwise inspect
horses for purposes of enforcing the
HPA and of horse industry
organizations or associations (referred to
as ‘‘HIOs’’) that have currently or have
had in the past DQP programs certified
by the USDA;
(9) APHIS may disclose to any
regulated horse owner, HIO, and other
entities responsible for licensure or
required to verify compliance with the
HPA, HPA inspection findings and
regulatory and other correspondence
issued to persons or entities regulated
under the HPA;
(10) APHIS may disclose to any
person the name, city, and State or other
information to the extent necessary for
proper identification of any person or
entity who has been disqualified,
suspended, and/or otherwise prohibited
from showing or exhibiting any horse,
or judging or managing any horse show,
horse exhibition, horse sale, or horse
auction under the HPA and the terms of
such action;
(11) APHIS may disclose to any
person the name, city, and State or other
information to the extent necessary for
proper identification of any regulated
individual or entity whose license or
permit has been suspended, revoked,
expired, terminated, or denied under
the AWA and the terms of such action;
(12) APHIS may disclose to
appropriate law enforcement agencies,
entities, and persons, whether Federal,
foreign, State, local, or Tribal, 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
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17:34 Oct 23, 2019
Jkt 250001
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;
(13) APHIS may disclose 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;
(14) APHIS may disclose information
in this system of records 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
are to be for a purpose that is
compatible with the purpose for which
the agency collected the records;
(15) APHIS may disclose information
from this system of records 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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
57003
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm;
(16) APHIS may disclose information
from this system of records 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;
(17) APHIS may disclose information
in this system of records to USDA
contractors and other parties engaged to
assist in administering the program,
analyzing data, developing information
management systems, processing
Freedom of Information Act requests,
and conducting audits. Such contractors
and other parties will be bound by the
nondisclosure provisions of the Privacy
Act;
(18) APHIS may disclose information
in this system of records to USDA
contractors, partner agency employees
or contractors, or private industry
employed to identify patterns, trends, or
anomalies indicative of fraud, waste, or
abuse;
(19) APHIS may disclose information
in this system of records 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;
(20) APHIS may disclose information
in this system of records 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; and
(21) APHIS may disclose information
in this system of records to the Treasury
Department as necessary to carry out
any and all functions within their
jurisdiction, including but not limited
to, processing payments, fees,
collections, penalties, and offsets.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper-based records are maintained in
USDA offices and buildings that are
locked during non-business hours and
that require presentation of employee
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Federal Register / Vol. 84, No. 206 / Thursday, October 24, 2019 / Notices
identification for admittance and access
at all times. Electronic records are
maintained in an electronic database on
a server in a secure data center or on the
APHIS web server and website that is
maintained by APHIS’ Marketing and
Regulatory Programs Information
Technology staff. Information
Technology personnel maintain backup
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system maintained
pursuant to the AWA and regulations
may be retrieved by legal name;
certificate/license/permit number, or
customer identification number, and the
complaint number; and the name of the
witness or person who has submitted a
complaint concerning potential alleged
violations and violations by persons
who are subject to the AWA.
Records maintained pursuant to the
HPA and regulations may be retrieved
by the name of the alleged violator or
violator (owner, trainer, rider,
custodian, exhibitor, transporter, horse
carrier, shipper); the name of the judge,
farrier, or the HIO; the name of the
person qualified to detect and diagnose
a horse that is sore or otherwise inspect
horses for purposes of enforcing the
HPA; the name and date of the horse
show, exhibition, sale, or auction,
address, horse name, the name of the
stable; date and type of alleged violation
or violation; HIO ticket or other similar
number; and date and type of HIO
disciplinary action; and the name of the
witness or person who has submitted a
complaint concerning potential alleged
violations and violations by persons
who are subject to the HPA.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Paper and electronic records will be
retained in accordance with an
established records retention schedule.
Some records considered as permanent
will be maintained in accordance with
NARA requirements.
khammond on DSKJM1Z7X2PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to the restricted portions of the
database system requires certain levels
of authorization through USDA
eAuthentication, which is a system that
enables individuals to obtain useridentification accounts with passwordprotected access to certain USDA Webbased applications and services through
the internet. APHIS personnel who
input data must have a high-level
eAuthentication account. Persons who
apply for a license, registration, or
permit or are licensed, registered or
permitted pursuant to the AWA have a
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17:34 Oct 23, 2019
Jkt 250001
lower level eAuthentication account
and will only have access to their own
records to input certain information.
These individuals can also apply for,
pay, or check the status of their
applications, and their license,
registration, or permit status. HIOs and
persons qualified to detect and diagnose
a horse that is sore or otherwise inspect
horses for purposes of enforcing the
HPA will only have access to input
certain information in their own
records, such as but not limited to
information entered in the system by
HIOs regarding disciplinary actions
taken and information on sore horses
that were disqualified or prohibited by
management from participating in
shows, exhibitions, sales, or auctions.
The general public will have read-only
access to system generated reports
through APHIS’ website and will
require eAuthentication.
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.’’
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
records concerning him or her the
Frm 00006
Fmt 4703
Sfmt 4703
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
CONTESTING RECORD PROCEDURES:
PO 00000
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 7 CFR part
1, subpart G. 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 the
component(s) will not be able to
conduct an effective search, and our
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
HISTORY:
On February 27, 1987 (52 FR 6031),
USDA/APHIS–8, ‘‘Veterinary Services—
Animal Welfare’’ was published as a
new system of records and effective on
April 28, 1987.
[FR Doc. 2019–23210 Filed 10–23–19; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Farm Service Agency
[Docket ID FSA–2019–0013]
Information Collection Request;
Application for Payment of Amounts
Due Persons Who Have Died,
Disappeared, or Have Been Declared
Incompetent
Commodity Credit Corporation
and Farm Service Agency, USDA.
ACTION: Notice; request for comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Commodity Credit Corporation (CCC)
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 56999-57004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23210]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2011-0102]
Privacy Act of 1974; System of Records
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget Circular No. A-108, the U.S. Department of Agriculture
(USDA) gives notice that a component agency, the Animal and Plant
Health Inspection Service (APHIS), proposes to modify an existing
system of records notice titled Veterinary Services--Animal Welfare,
USDA/APHIS-8. Among other changes, the system will be renamed Animal
Welfare Act and Horse Protection Act, USDA/APHIS-8.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
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 November 25, 2019.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to: https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0102.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2011-0102, 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-2011-
0102 or in our reading room, which is located in Room 1141 of the USDA
South
[[Page 57000]]
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. Tola Liv, Information Systems Security Manager, Animal Care, APHIS,
4700 River Road Unit 84, Riverdale, MD 20737; (301) 851-3741. For
Privacy Act questions concerning this system of records notice, please
contact Ms. Tonya Woods, Director, Freedom of Information Act/Privacy
Act, 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:
I. The Privacy Act
The Privacy Act of 1974, as amended (5 U.S.C. 552a), embodies fair
information principles in a statutory framework governing the means by
which the United States Government collects, maintains, uses, and
disseminates individuals' records. The Privacy Act applies to
information that is maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
for which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. In the Privacy Act, an individual is
defined to encompass United States citizens and lawful permanent
residents.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, including the routine uses for
each system, to inform individuals how and why Privacy Act information
may be disclosed outside of the agency.
II. Discussion
The U.S. Department of Agriculture (USDA) Animal and Plant Health
Inspection Service (APHIS) is modifying an existing system of records
notice for Veterinary Services-Animal Welfare, USDA/APHIS-8, which was
last published on February 27, 1987, in its entirety in the Federal
Register (52 FR 6031, Docket No. 86-408). APHIS is modifying the system
of records notice to rename the system as ``Animal Welfare Act and
Horse Protection Act, USDA/APHIS-8.'' APHIS is also expanding the
system to include records of activities conducted by regulated entities
and the agency pursuant to the Animal Welfare Act (AWA, 7 U.S.C. 2131-
2159) and the Horse Protection Act (HPA, 15 U.S.C. 1821-1831), and the
regulations issued thereunder.
APHIS is making the following changes to the system of records
notice:
Updating the system location and system manager;
Expanding the categories of individuals to include
additional individuals who participate in activities related to the AWA
as well as individuals who participate in activities related to the HPA
or who are otherwise identified in HPA or AWA related records;
Expanding the categories of records to include additional
records relating to the AWA and HPA;
Revising the record source categories to reflect records
relating to the HPA;
Updating the policies and practices for storage,
retrievability, and retention and disposal of records in the system;
Updating the system safeguards;
Updating the notification, record access, and contesting
record procedures;
Revising, deleting, redesignating, and establishing
routine uses as follows:
[cir] Deleting current routine use 1, which will be clarified and
replaced by newly established routine uses;
[cir] Revising current routine use 2 and redesignating it as
routine use 12. The changes are editorial and intended to more
accurately describe the referral of records to appropriate law
enforcement agencies, entities and persons;
[cir] Revising current routine use 3 and redesignating it as
routine use 13. The changes are editorial and conforming changes;
[cir] Revising current routine use 4 and redesignating it as
routine use 14. The changes are editorial and intended to more
accurately describe the disclosure of records to a court or
adjudicative body;
[cir] Revising current routine use 5 and redesignating it as
routine use 19. The changes are editorial and conforming changes;
[cir] Establishing new routine use 1 for disclosure of licensee and
registrant information to the public pursuant to 9 CFR 2.38(c) and 9
CFR 2.127;
[cir] Establishing new routine use 2 for disclosure of annual
report information to the public pursuant to 9 CFR 2.7 and 9 CFR 2.36;
[cir] Establishing new routine use 3 for disclosure of information
from inspection reports and regulatory correspondence to attending
veterinarians in order to carry out duties under the AWA pursuant to 9
CFR 2.33 and 9 CFR 2.40;
[cir] Establishing new routine use 4 for disclosure of information
to other public authority agencies or officials to carry out duties
under the AWA or under laws on the same subject pursuant to 7 U.S.C.
2145(b);
[cir] Establishing new routine use 5 for disclosure of inspection
reports and permit status to entities such as pet stores to the extent
required to comply with a State, local, Tribal or other public
authority's requirement to verify compliance with the AWA;
[cir] Establishing new routine use 6 for disclosure of information
to a research institution to complete research or compile a report in
furtherance of USDA's mission;
[cir] Establishing new routine use 7 for disclosure of final
adjudicatory decisions and orders to any person;
[cir] Establishing new routine use 8 for disclosure to any person
of information identifying Designated Qualified Persons and Horse
Industry Organizations (HIOs) or associations;
[cir] Establishing new routine use 9 for disclosure of HPA
inspection findings and correspondence to any regulated horse owner,
HIO, and other entities responsible for licensure or required to verify
compliance with the HPA;
[cir] Establishing new routine use 10 for disclosure to any person
of information identifying a person or entity who has been
disqualified, suspended, and/or otherwise prohibited from participating
in certain activities under the HPA;
[cir] Establishing new routine use 11 for disclosure to any person
of information identifying any regulated entity or individual whose AWA
license or permit has been suspended, revoked, expired, terminated, or
denied;
[cir] Establishing new routine use 15 for disclosure to appropriate
agencies, entities and persons of information necessary to respond to a
suspected or confirmed breach of the system of records in accordance
with Office of Management and Budget (OMB) Memorandum M-17-12,
Preparing for and Responding to a Breach of Personally Identifiable
Information (January 3, 2017);
[cir] Establishing new routine use 16 for disclosure to another
Federal agency or entity of information reasonably necessary to assist
in responding to a suspected or confirmed breach or to prevent,
minimize, or remedy harm, in
[[Page 57001]]
accordance with OMB Memorandum M-17-12;
[cir] Establishing new routine use 17 for disclosure to USDA
contractors and other parties assisting in administering the program,
analyzing data, information management systems, Freedom of Information
Act requests, and audits;
[cir] Establishing new routine use 18 for disclosure to USDA
contractors and others employed to identify fraud, waste, or abuse;
[cir] Establishing new routine use 20 for disclosure to the
National Archives and Records Administration or to the General Services
Administration for records management activities; and
[cir] Establishing new routine use 21 for disclosure to the
Treasury Department to carry out any and all functions within their
jurisdiction, including but not limited to, processing payments, fees,
collections, penalties, and offsets.
A report on the modified 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 18th day of October 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
SYSTEM NAME AND NUMBER:
Animal Welfare Act and Horse Protection Act, USDA/APHIS-8
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATION:
Paper-based records are located in the APHIS offices at 4700 River
Rd, Riverdale, MD; 920 Main Campus Drive Suite 200, Raleigh, NC; and
2150 Centre Avenue, Building B, Mailstop 3W11, Fort Collins, CO. The
server for the electronic database is currently located in the United
States Department of Agriculture's (USDA or Department) National
Information Technology Center (NITC), 8930 Ward Parkway, Kansas City,
MO 64114, but may be relocated to a similarly secure location, as
needed. A backup site for the electronic data is located in the NITC
Disaster Recovery, 4300 Goodfellow Blvd., St. Louis, MO 63120, but may
be relocated to a similarly secure location, as needed.
SYSTEM MANAGER:
Deputy Administrator, Animal Care, APHIS, 4700 River Road, Unit 84,
Riverdale, MD 20737.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Animal Welfare Act (AWA), 7 U.S.C. 2131 et seq., and the
regulations issued thereunder, 9 CFR parts 1 through 4; and the Horse
Protection Act (HPA), 15 U.S.C. 1821 et seq., and the regulations
issued thereunder, 9 CFR parts 11 and 12.
PURPOSES OF THE SYSTEM:
This system supports APHIS' administrative activities and
enforcement of the AWA and HPA.
The AWA seeks to ensure the humane handling, care, treatment, and
transportation of animals intended for use by dealers, exhibitors,
carriers, research facilities, operators of auction sales, and
intermediate handlers. The entities using certain animals for research
purposes, exhibition, and transportation in commerce, or for resale use
as a pet are required to obtain a license or registration from the
USDA. In addition, entities importing dogs into the United States for
resale purposes are required to obtain a permit. APHIS partners with
Federal agencies, States, local and Tribal governments and non-
governmental organizations to ensure the safety, health and well-being
of vulnerable animals.
The HPA prohibits the showing, sale, auction, exhibition, and
transportation of horses that have been subject to the practice of
soring, which is a cruel and inhumane practice designed to enhance a
horse's competitive advantage in shows and exhibitions. The HPA also
holds the management of any horse show or other regulated event
responsible for identifying sore horses and preventing their
participation in the event. To be shielded from liability for the
participation of a sore horse, management may appoint and retain
persons qualified to detect and diagnose a horse that is sore or
otherwise inspect horses for purposes of enforcing the HPA. After
notice and an opportunity for a hearing in accordance with the
applicable rules of practice, alleged violators of the HPA may be
subject to penalties and sanctions for violations. APHIS partners with
Federal agencies, States, local and Tribal governments and non-
governmental organizations to ensure that horses are not subjected to
the practice of soring.
This system provides a standard approach to collecting, recording,
analyzing, maintaining, and reporting information.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include persons operating or
intending to operate as dealers, exhibitors, operators of auction
sales, research facilities, intermediate handlers, and carriers under
the AWA; individuals who import dogs into the United States for resale
purposes; individuals associated with the management of Department-
certified Horse Industry Organizations and Associations (HIOs); persons
who are qualified to detect and diagnose a horse that is sore or
otherwise inspect horses for purposes of enforcing the HPA; management
of horse shows, exhibitions, sales, and auctions regulated under the
HPA; alleged violators and adjudicated violators of the AWA and HPA and
regulations issued thereunder; and other individuals who participate in
inspection and enforcement activities relating to AWA and HPA, such as
APHIS inspectors, APHIS Investigative and Enforcement Services
investigators, licensee employees/representatives, attorneys,
witnesses, complainants, etc.
CATEGORIES OF RECORDS IN THE SYSTEM:
Animal Welfare Act Records:
The system includes paper and electronic records that include:
Licensing and registration records, including, but not limited to,
name and business or home address, telephone number, and other contact
information; tax identification number, customer number, license or
registration certificate number; licensee and research facility annual
reports related to persons who seek or hold an AWA license or
registration, persons responsible to ensure humane care of the animals
(e.g., attending veterinarians) located at AWA regulated facilities;
payment details such as name, last four digits of credit card and
expiration date, or check numbers and amount for those who have applied
for a license or renewal of a license requiring a payment; and other
records required for regulatory purposes under the AWA.
Compliance records, including, but not limited to, inspection
reports, itineraries, enforcement actions, and other compliance records
required to be maintained by the facility and supporting documents,
compliance- and enforcement-related activities, and other records
required for regulatory purposes under the AWA.
Regulatory correspondence, including, but not limited to,
information related to the denial or termination of a license or
permit, and notices or advisories regarding alleged
[[Page 57002]]
violations or noncompliance with the AWA, records related to
administrative and court litigation, correspondence between APHIS and a
licensee/registrant/permitee or applicant, and other records required
for regulatory purposes under the AWA.
Complaint records, including, but not limited to, witness or person
who has submitted information, and statements of alleged violations and
violations by persons who are subject to the AWA.
Permit records, including, but not limited to, name, address, and
other contact information for the permittee, permit application, health
certificate, rabies vaccination certificate, etc.; and other records
required for regulatory purposes under the AWA.
Horse Protection Act Records:
The system includes paper and electronic records that include:
Management records, including, but not limited to, name, business
and/or home address, other contact information for managers or other
management representatives, sponsoring organizations, persons
designated to maintain management records, show judges, etc.; details
of events and locations, including, but not limited to, dates and
addresses; and other records required for regulatory purposes under the
HPA.
Transporter records, including, but not limited to, name, address,
and other contact information of the horse owner and the shipper, the
trainer, the carrier transporting the horse, the driver of the means of
conveyance used; the origin of the shipment and date thereof and the
destination of shipment; and other records required for regulatory
purposes under the HPA.
HIO records, including, but not limited to, the name, address, and
other contact information of each certified HIO, and officers or
persons charged with the management of the HIO; the HIO's formal
request for certification and detailed outline for such program
submitted for Departmental approval, rulebooks and industry-implemented
disciplinary procedures, and associated correspondence; the name and
address of any person qualified to detect and diagnose a horse that is
sore or to otherwise inspect horses for purposes of enforcing the HPA
or the management of any horse show, exhibition, sale, or auction;
identity of all horses at each event that management disqualified or
excused for any reason, including the registered name of each horse and
the name and address of the owner, trainer, rider, exhibitor, or other
person having custody of or responsibility for the care of each such
horse; the exhibitor's number and class number, or the sale or auction
tag number of the horse, the name and any applicable registered name
and number (if the horse is registered), age, sex, color, and markings
of the horse; disciplinary actions taken by the HIO against any
exhibitor; photographs and videos depicting inspections conducted by
HIO-licensed designated qualified persons; HIO performance evaluations
and statistics; and other records required for regulatory purposes
under the HPA.
Designated qualified persons records (persons qualified to detect
and diagnose a horse that is sore or to otherwise inspect horses for
purposes of enforcing the HPA) including, but not limited to, the name,
address, other contact information, and license number of each person
who applies and/or is licensed to inspect horses in accordance with the
HPA and regulations, information related to the disqualification of a
person from holding a license to detect soreness in horses, and
correspondence, including notice of performance concerns or license
cancellation; details of inspections and identity of all horses at each
event that the person recommended to management be disqualified or
excused for any reason, including the registered name of each horse and
the name and address of the owner, trainer, rider, exhibitor, or other
person having custody of or responsibility for the care of each such
horse; the exhibitor's number and class number, or the sale or auction
tag number of the horse, the name and any applicable registered name
and number (if the horse is registered), age, sex, color, and markings
of the horse; photographs and videos depicting inspections conducted by
designated qualified persons; performance evaluations and statistics;
and other records required for regulatory purposes under the HPA.
Compliance and regulatory correspondence records, including, but
not limited to, inspection findings, compliance, regulatory and other
correspondence, investigations, and enforcements under the HPA, as well
as records related to administrative, civil, and criminal litigation;
and other records required for regulatory purposes under the HPA.
Complaint records, including, but not limited to, the name and
address of a witness or person who has submitted a complaint concerning
potential alleged violations and violations by persons who are subject
to the HPA and the nature of their complaint.
RECORD SOURCE CATEGORIES:
The AWA information is received from the applicant for a license,
registration, or permit; the licensee, registrant, or permittee; the
attending veterinarian; observations by APHIS inspectors; APHIS
Investigative and Enforcement Services officials; or other person
responsible for or who has information about the humane care of the
animals. The HPA information is received from the HIO and other
entities that issue licenses; the HIO records submitted to APHIS; the
management of the horse show, exhibition, auction, or sale; the horse
event management records submitted to APHIS; records submitted to APHIS
by persons qualified to detect and diagnose a horse that is sore or
otherwise inspect horses for purposes of enforcing the HPA; and the
horse owner, trainer, custodian, rider, shipper, carrier, and
transporter. Information may also be received from the witness or
person who has submitted a complaint concerning potential alleged
violations and violations by persons who are subject to the AWA or HPA.
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:
(1) APHIS may disclose the name, city, State, license or
registration type and/or status, or change of a license or registrant
to any person pursuant to 9 CFR 2.38(c) and 2.127;
(2) APHIS may disclose annual reports submitted to APHIS by
licensees and research facilities to any person pursuant to 9 CFR 2.7
and 2.36;
(3) APHIS may disclose inspection reports and other regulatory
correspondence issued to licensees and registrants [from the agency] to
any attending veterinarian in order to carry out duties under the AWA
pursuant to 9 CFR 2.33 and 2.40;
(4) APHIS may disclose the name, telephone number and other contact
information, location, inspection reports, and regulatory and other
correspondence of licensees, registrants, permitees, and applicants for
the same, to appropriate Federal, foreign, State, local, Tribal, or
other public authority agencies or officials, in order to carry out
duties under the AWA or State, local, Tribal or other public authority
on the same subject pursuant to 7 U.S.C. 2145(b);
(5) APHIS may disclose inspection reports of licensees and
registrants, and
[[Page 57003]]
permit status, to any pet store or other entity that is required under
State, local, Tribal, or other public authority to verify a licensee,
registrant, or permitee's compliance with the AWA;
(6) APHIS may disclose information to the National Academies of
Sciences, Engineering, and Medicine, and any other research institution
engaged or approved by the Department, to the extent APHIS deems the
disclosure necessary to complete research and/or compile a report in
furtherance of the Department's mission;
(7) APHIS may disclose final adjudicatory AWA and HPA decisions or
orders by an appropriate authority to any person;
(8) APHIS may disclose to any person the name, city, and State or
other information to the extent necessary for proper identification of
persons (referred to as ``Designated Qualified Persons'' or ``DQPs'')
that are or have been qualified to detect and diagnose a horse that is
sore or otherwise inspect horses for purposes of enforcing the HPA and
of horse industry organizations or associations (referred to as
``HIOs'') that have currently or have had in the past DQP programs
certified by the USDA;
(9) APHIS may disclose to any regulated horse owner, HIO, and other
entities responsible for licensure or required to verify compliance
with the HPA, HPA inspection findings and regulatory and other
correspondence issued to persons or entities regulated under the HPA;
(10) APHIS may disclose to any person the name, city, and State or
other information to the extent necessary for proper identification of
any person or entity who has been disqualified, suspended, and/or
otherwise prohibited from showing or exhibiting any horse, or judging
or managing any horse show, horse exhibition, horse sale, or horse
auction under the HPA and the terms of such action;
(11) APHIS may disclose to any person the name, city, and State or
other information to the extent necessary for proper identification of
any regulated individual or entity whose license or permit has been
suspended, revoked, expired, terminated, or denied under the AWA and
the terms of such action;
(12) APHIS may disclose to appropriate law enforcement agencies,
entities, and persons, whether Federal, foreign, State, local, or
Tribal, 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;
(13) APHIS may disclose 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;
(14) APHIS may disclose information in this system of records 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 are to be for a purpose that is compatible with the purpose for
which the agency collected the records;
(15) APHIS may disclose information from this system of records 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;
(16) APHIS may disclose information from this system of records 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;
(17) APHIS may disclose information in this system of records to
USDA contractors and other parties engaged to assist in administering
the program, analyzing data, developing information management systems,
processing Freedom of Information Act requests, and conducting audits.
Such contractors and other parties will be bound by the nondisclosure
provisions of the Privacy Act;
(18) APHIS may disclose information in this system of records to
USDA contractors, partner agency employees or contractors, or private
industry employed to identify patterns, trends, or anomalies indicative
of fraud, waste, or abuse;
(19) APHIS may disclose information in this system of records 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;
(20) APHIS may disclose information in this system of records 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; and
(21) APHIS may disclose information in this system of records to
the Treasury Department as necessary to carry out any and all functions
within their jurisdiction, including but not limited to, processing
payments, fees, collections, penalties, and offsets.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper-based records are maintained in USDA offices and buildings
that are locked during non-business hours and that require presentation
of employee
[[Page 57004]]
identification for admittance and access at all times. Electronic
records are maintained in an electronic database on a server in a
secure data center or on the APHIS web server and website that is
maintained by APHIS' Marketing and Regulatory Programs Information
Technology staff. Information Technology personnel maintain backup
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system maintained pursuant to the AWA and
regulations may be retrieved by legal name; certificate/license/permit
number, or customer identification number, and the complaint number;
and the name of the witness or person who has submitted a complaint
concerning potential alleged violations and violations by persons who
are subject to the AWA.
Records maintained pursuant to the HPA and regulations may be
retrieved by the name of the alleged violator or violator (owner,
trainer, rider, custodian, exhibitor, transporter, horse carrier,
shipper); the name of the judge, farrier, or the HIO; the name of the
person qualified to detect and diagnose a horse that is sore or
otherwise inspect horses for purposes of enforcing the HPA; the name
and date of the horse show, exhibition, sale, or auction, address,
horse name, the name of the stable; date and type of alleged violation
or violation; HIO ticket or other similar number; and date and type of
HIO disciplinary action; and the name of the witness or person who has
submitted a complaint concerning potential alleged violations and
violations by persons who are subject to the HPA.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Paper and electronic records will be retained in accordance with an
established records retention schedule. Some records considered as
permanent will be maintained in accordance with NARA requirements.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to the restricted portions of the database system requires
certain levels of authorization through USDA eAuthentication, which is
a system that enables individuals to obtain user-identification
accounts with password-protected access to certain USDA Web-based
applications and services through the internet. APHIS personnel who
input data must have a high-level eAuthentication account. Persons who
apply for a license, registration, or permit or are licensed,
registered or permitted pursuant to the AWA have a lower level
eAuthentication account and will only have access to their own records
to input certain information. These individuals can also apply for,
pay, or check the status of their applications, and their license,
registration, or permit status. HIOs and persons qualified to detect
and diagnose a horse that is sore or otherwise inspect horses for
purposes of enforcing the HPA will only have access to input certain
information in their own records, such as but not limited to
information entered in the system by HIOs regarding disciplinary
actions taken and information on sore horses that were disqualified or
prohibited by management from participating in shows, exhibitions,
sales, or auctions. The general public will have read-only access to
system generated reports through APHIS' website and will require
eAuthentication.
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
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 7 CFR part 1, subpart G. 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 the component(s) will not be able
to conduct an effective search, and our request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
On February 27, 1987 (52 FR 6031), USDA/APHIS-8, ``Veterinary
Services--Animal Welfare'' was published as a new system of records and
effective on April 28, 1987.
[FR Doc. 2019-23210 Filed 10-23-19; 8:45 am]
BILLING CODE 3410-34-P
