Privacy Act of 1974; System of Records, 67675-67678 [2021-25859]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67675-67678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25859]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2020-0019]


Privacy Act of 1974; System of Records

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of a modified system of records.

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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 LabWare Laboratory Information 
Management System (LabWare LIMS), USDA/APHIS-19. Among other changes, 
the system will be renamed National Veterinary Services Laboratories' 
Laboratory Information Management System (NVSL-LIMS), USDA/APHIS-19. 
NVSL-LIMS is a laboratory information system that tracks and saves test 
results on animal diagnostic samples received at the National 
Veterinary Services Laboratories.

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 December 29, 2021.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Enter APHIS-2020-0019 in the Search field. Select 
the Documents tab, then select the comment button in the list of 
documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2020-0019, 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 www.regulations.gov or in our reading room, which is 
located in room 1620 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 
Dr. Suelee Robbe-Austerman, Director, National Veterinary Services 
Laboratories, 1920 Dayton Ave., Ames, IA 50010; (515) 337-7301; email: 
[email protected]. For Privacy Act questions concerning 
this system of records notice, please contact Ms. Tonya Woods, 
Director, Freedom of Information Act 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: The U.S. Department of Agriculture (USDA) 
Animal and Plant Health Inspection Service (APHIS) is modifying an 
existing system of records notice, LabWare Laboratory Information 
Management System (LabWare LIMS), USDA/APHIS-19, which was last 
published in its entirety in the Federal Register on October 1, 2013 
(78 FR 60245-60248, Docket No. APHIS-2012-0039).\1\ APHIS is modifying 
the system of records notice to rename the system as ``National 
Veterinary Services Laboratories' Laboratory Information Management 
System (NVSL-LIMS).'' (Note that references to the system may appear as 
LIMS, Veterinary Services (VS) LIMS, or NVSL-LIMS.) APHIS is also 
expanding the system to include records of activities conducted by 
regulated entities and the agency pursuant to those activities 
authorized by the Animal Health Protection Act (7 U.S.C. 8301 et seq.) 
and the regulations issued thereunder.
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    \1\ To view the notice, go to www.regulations.gov and enter 
APHIS-2012-0039 in the Search field.
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    APHIS is making the following changes to the system of records 
notice:
     Updating the system location;
     Updating the purposes of the system;
     Expanding the categories of individuals to include any 
approved non-USDA veterinarian coordinating with USDA to protect animal 
health. This includes, but is not limited to State, Tribal, and local 
government veterinarians. We are also specifying the USDA employees who 
enter data as those who are NVSL employees;
     Expanding the categories of records to include reference 
to USDA employees in addition to NVSL employees; identification of 
sample collector; specific information identifying the animal being 
tested; relevant dates (dates of collection, testing, submission, 
etc.); tracking of agents, toxins or reagents); and other information 
as required depending on the tests being conducted and sample 
source(s). For instance, tuberculosis sample information will include 
the names of the food inspector, veterinarian, and market buyer; the 
market buyer's address, city, State, Zip code, and country; the lot 
number and number in the lot; number of lesions; and slaughter date;
     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] Revising current routine use 1 for clarity;
    [cir] Revising current routine use 2. 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. The changes are editorial and 
conforming changes;
    [cir] Revising current routine use 4. 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 for disclosure to appropriate 
agencies,

[[Page 67676]]

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] Redesignating current routine use 6 as routine use 9, and 
revising to more accurately reflect where record management inspections 
may occur;
    [cir] Establishing a new routine use 6 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 accordance with OMB Memorandum M-17-12 
(Preparing for and Responding to a Breach of Personally Identifiable 
Information);
    [cir] Establishing a new routine use 7 for disclosure to 
contractors and other parties assisting in administering the program, 
analyzing data, information management systems, Freedom of Information 
Act requests, and audits to assist in the performance of a service 
related to this system of records and who need to have access to the 
records in order to perform the activity; and
    [cir] Establishing a new routine use 8 to describe disclosure to a 
Congressional office in response to an inquiry made to that 
Congressional office at the written request of the individual to whom 
the record pertains.
    A report on the modified system of records, required by 5 U.S.C. 
552a(r), as implemented by OMB Circular A-108 was sent to the Chairman, 
Committee on Homeland Security and Governmental Affairs, United States 
Senate; the Chairwoman, Committee on Oversight and Reform, House of 
Representatives; and the Administrator, Office of Information and 
Regulatory Affairs, OMB.

    Done in Washington, DC, this 22nd day of November 2021.
Jack Shere,
Acting Administrator, Animal and Plant Health Inspection Service.

SYSTEM NAME AND NUMBER:
    National Veterinary Services Laboratories' Laboratory Information 
Management System (USDA/APHIS-19).

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    Records are maintained at National Veterinary Services Laboratories 
(NVSL) on U.S. Department of Agriculture (USDA)-owned servers 
physically located in the secure USDA-owned facility, National Centers 
for Animal Health, 1920 Dayton Avenue, Ames, IA 50010. Paper records 
are maintained by USDA's National Veterinary Services Laboratories, 
1920 Dayton Avenue, Ames, IA 50010, and Plum Island, NY.

SYSTEM MANAGER:
    Director, National Veterinary Services Laboratories, 1920 Dayton 
Avenue, Ames, IA 50010.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Animal Health Protection Act (7 U.S.C. 8301 et seq.).

PURPOSES OF THE SYSTEM:
    NVSL-LIMS is used to collect, track, and store test results on 
animal diagnostic samples received at NVSL pursuant to its mission and 
responsibilities authorized by the Animal Health Protection Act. The 
system will also allow for NVSL to provide quality management and 
complaint resolution for those test results that may contain errors or 
do not satisfy the customer. (Note that references to the system may 
appear as LIMS, Veterinary Services (VS) LIMS, or NVSL-LIMS.)

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals included in this system include entities such as sample 
submitters, animal owners, NVSL or USDA personnel who handle the 
submission, and any approved non-USDA veterinarians coordinating with 
USDA to protect animal health. This includes, but is not limited to 
State, Tribal, and local government veterinarians.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system include, but are not limited to, the sample 
submitter name, address, email address, telephone number, and mailing 
address; animal owner name, address, city, State or country, and Zip 
code, along with location and number of animals, herd or flock size 
(including affected or dead); National Finance Center account number 
used to pay for sample processing; last four digits of credit card 
account number with expiration date used to pay for sample processing; 
check number used to pay for sample processing; and contact information 
for the NVSL/USDA employee who tested a sample or reviewed a test 
(name, job title, email, telephone number, organizational group to 
which the employee belongs, and supervisor). Information about 
slaughter establishments will include, but is not limited to, the 
establishment identification, name, address, city, State or country, 
Zip code, email address, and telephone/fax numbers. Records will also 
include details concerning diagnostic test information such as disease, 
relevant dates, tests requested, identification of sample collector, 
tracking (agents, toxins or reagents), and specific information 
identifying the animal being tested, and other information as required 
depending on the tests being conducted and sample source(s). For 
instance, tuberculosis sample information will include such items as, 
but not limited to, the names of the food inspector, veterinarian, and 
market buyer; the market buyer's address, city, State, Zip code, and 
country; the lot number, number in the lot, number of lesions, and 
slaughter date.

RECORD SOURCE CATEGORIES:
    The sources of information in the system are from submission forms 
that accompany laboratory specimens sent to the laboratory for 
diagnostic testing. NVSL receives submissions from various entities 
such as, but not limited to, State and private veterinary diagnostic 
laboratories as well as private veterinary practitioners, Federal meat 
inspectors, and Federal field veterinarians. In addition, NVSL receives 
laboratory samples from other countries associated with importations 
and for cases where diagnostic assistance is requested.

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 contained in the system may be 
disclosed outside USDA as a routine use under 5 U.S.C. 552a(b)(3), to 
the extent that such uses are compatible with the purposes for which 
the information was collected. Such permitted routine uses include the 
following:
    (1) To the submitting veterinarian and government (State, Tribal, 
local, etc.) animal health officials of the submitter, owner, and 
animal location to provide test results;
    (2) When a record on its face, or in conjunction with other 
records, indicates a violation or potential violation of law, whether 
civil, criminal, or regulatory in nature, and whether arising by 
general statute or particular program, statute, or by regulation, rule, 
or order issued pursuant thereto, disclosure may be made to the 
appropriate agency, whether Federal, foreign, State, Tribal, local, or 
other

[[Page 67677]]

public authority responsible for enforcing, investigating, or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative, or prosecutive responsibility of the receiving entity;
    (3) To the Department of Justice when: (a) USDA or any component 
thereof; or (b) any employee of USDA in his or her official capacity, 
where the Department of Justice has agreed to represent the employee; 
or (c) the United States Government, is a party to litigation or has an 
interest in such litigation, and USDA determines that the records are 
relevant and necessary to the litigation and the use of such records by 
the Department of Justice is for a purpose that is compatible with the 
purpose for which USDA collected the records;
    (4) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when USDA or other 
Agency representing USDA determines that the records are relevant and 
necessary to the proceeding; or in an appropriate proceeding before an 
administrative or adjudicative body when the adjudicator determines the 
records to be relevant to the proceeding;
    (5) To appropriate agencies, entities, and persons when: (a) USDA 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) USDA has 
determined that as a result of the suspected or confirmed 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 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 agency (including its information systems, 
programs, and operations), the Federal Government, or national 
security;
    (7) To contractors and their agents, grantees, experts, 
consultants, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for the USDA, when 
necessary to accomplish an agency function related to this system of 
records;
    (8) To a Congressional office in response to an inquiry from that 
Congressional office made at the written request of the individual 
about whom the record pertains; and
    (9) To the National Archives and Records Administration (NARA) or 
other Federal Government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The system includes a database and paper records. The master 
electronic data is stored and maintained on USDA servers located in a 
secure USDA facility. Paper records, consisting of the submission forms 
for diagnostic samples, are stored in lockable cabinets or lockable 
areas within the laboratory spaces or administrative offices in a 
secure USDA facility.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Data may be retrieved by an accession number, which is a system 
generated unique identification number; by a sample number assigned by 
the sample submitter; NFC account number; or by searching LIMS for data 
contained in the submission such as a submitter's name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be retained indefinitely pending approval of a records 
retention schedule by NARA. Under the schedule submitted for NARA 
approval, paper records would be retained for a minimum of 3 years, 
data would be maintained in the system for 25 years and would be 
archived at 5-year intervals.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable USDA automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions. Access to certain portions of 
the 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. Users are trained and are required to formally confirm that 
they understand value and sensitivity of data in the system, and users 
receive formal system training and are required to pass a proficiency 
test before being given access to the system. Persons who are not USDA 
employees have a lower level eAuthentication account and will only have 
access to their own records to input certain information.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
submitted to the APHIS Privacy Act Officer, 4700 River Road, Unit 50, 
Riverdale, MD 20737; or by facsimile (301) 734-5941; or by email: 
[email protected]. In accordance with 7 CFR 1.112 (Procedures for 
requests pertaining to individual records in a record system), the 
request must include the full name of the individual making the 
request; the name of the system of records; and preference of 
inspection, in person or by mail. In accordance with 7 CFR 1.113, prior 
to inspection of the records, the requester shall present sufficient 
identification (e.g., driver's license, employee identification card, 
Social Security card, credit cards) to establish that the requester is 
the individual to whom the records pertain. In addition, if an 
individual submitting a request for access wishes to be supplied with 
copies of the records by mail, the requester must include with his or 
her request sufficient data for the agency to verify the requester's 
identity.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their request to the address indicated 
above in the ``RECORD ACCESS PROCEDURES'' paragraph and must follow the 
procedures set forth in 7 CFR 1.116 (Request for correction or 
amendment to record). All requests must state clearly and concisely 
what record is being contested, the reasons for contesting it, and the 
proposed amendment to the record.

[[Page 67678]]

NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them when the individuals request information utilizing the 
same procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
paragraph above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    On October 1, 2013, (78 FR 60245-60248, Docket No. APHIS-2012-
0039), USDA/APHIS-19, ``LabWare Laboratory Information Management 
System (LabWare LIMS),'' was published as a new system of records and 
effective on November 12, 2013.

[FR Doc. 2021-25859 Filed 11-26-21; 8:45 am]
BILLING CODE 3410-34-P