Privacy Act of 1974; New System of Records, 921-924 [2021-28547]
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
FY 2021 local
administrative
costs
Field office
League City ..................................................................................................................................................
Portland ........................................................................................................................................................
Toledo ..........................................................................................................................................................
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Operating reserve. In order to
maintain an operating reserve that is not
less than 3 and not more than 6 months
of operating expenses, FGIS reviewed
the value of the operating reserve at the
end of FY 2021 to ensure that an
operating reserve equivalent to 41⁄2
months of operating expenses is
maintained.
The program operating reserve at the
end of fiscal year 2021 was $7,073,637
with a monthly operating expense of
$3,151,244. The target of 4.5 months of
operating reserve is $14,180,599.
Therefore, the operating reserve is less
than 4.5 times the monthly operating
expenses by $7,073,637. For each
$1,000,000, rounded down, above the
target level, all Schedule A fees must be
increased by 2 percent. The operating
reserve is $7.1 million below the target
level, implying a 14 percent increase in
fees is required. However, section
800.71(b)(3)(ii) limits annual fee
changes to 5 percent. Therefore, for
2022, FGIS is increasing all the 2021
Schedule A fees for service in Schedule
A in paragraph (a)(1) by 5 percent,
including calculated fiscal year 2022
national and local tonnage fees. All
Schedule A fees for service are rounded
to the nearest $0.10, except for fees
based on tonnage or hundredweight.
The fee Schedule A will be published
on the agency’s public website after
Federal Register publication.
7 CFR 800.71(a)(2) Schedule B
Calculations
FGIS calculates the supervision
tonnage fee using the prior year’s actual
costs and the 5-year average tonnage of
domestic U.S. grain shipments
inspected, weighed, or both, including
land carrier shipments to Canada and
Mexico.
Operating reserve adjustment. In
order to maintain an operating reserve
not less than 3 and not more than 6
months, FGIS reviewed the value of the
operating reserve at the end of FY 2021
to ensure that an operating reserve of 6
months is maintained.
The operating reserve adjustment is
the difference between FY 2021 ending
reserves and the operating reserve
threshold, which is equivalent to 6
months of supervisory costs. FY 2021
supervision costs were $1,369,123. The
operating reserve threshold for FY 2022
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17:08 Jan 06, 2022
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is calculated by dividing FY 2021
supervision costs by 2 ($1,369,123/2 =
$684,562). FY 2021 operating reserve
ending balance ($2,042,268) exceeds the
operating reserve threshold ($684,562)
by $1,357,707. Therefore, the operating
reserve adjustment for calendar year
2022 is ¥$1,357,707.
Supervision tonnage fee. FGIS adds
the total prior year supervision costs
and the operating reserve adjustment,
then divide the result by the previous 5year average tonnage. If the calculated
fee is zero or a negative value, FGIS will
suspend collection of supervision
tonnage fees for the next calendar year.
The supervision tonnage fee for
calendar year 2022 is $0.000 per ton.
The calculation, based on FY 2021
supervision costs of $1,369,123, is
$1,369,123 plus the operating reserve
adjustment of ¥$1,357,707, which
equals $11,416, divided by 5-year
average tonnage of 231,147,201, which
equals $0.000 per ton.
Fiscal year
Calculated
FY 2022 local
tonnage fee
444,041
531,013
182,736
0.043
0.134
0.118
The fee will be published on the
agency’s public website after Federal
Register publication.
Designation amendments. FGIS
calculates the rate using the Federal
Register publication rate for three
columns, plus one hour of noncontract
hourly rate from § 800.71(a) Table 1 of
Schedule A. The fee covers FGIS
personnel costs, administrative
expenses, and Federal Register
publication costs. The Federal Register
publication rate $151 per column and
the Schedule A non-contract hourly rate
is $66.20. FGIS calculates the fee will be
$519.20 for calendar year 2022. The fee
will be published on the agency’s public
website after Federal Register
publication.
Authority: 7 U.S.C. 71–87k.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2022–00026 Filed 1–6–22; 8:45 am]
BILLING CODE P
Metric tons
2017 ......................................
2018 ......................................
2019 ......................................
2020 ......................................
2021 ......................................
5-Year Rolling Average ........
244,355,906
234,298,085
206,693,881
237,649,430
232,738,700
231,147,201
DEPARTMENT OF AGRICULTURE
[Docket No. USDA–2022–0001]
Privacy Act of 1974; New System of
Records
Office of the Assistant
Secretary for Civil Rights, Department of
Agriculture.
ACTION: Notice of a new system of
records.
AGENCY:
Therefore, for 2022, FGIS will
suspend the assessment of the
supervision tonnage fee on domestic
shipments officially inspected and/or
weighed, including land carrier
shipments to Canada and Mexico,
performed by delegated States and/or
designated agencies on or after January
1, 2022. The fee Schedule B will be
published on the agency’s public
website after Federal Register
publication.
7 CFR 800.71(d) Miscellaneous Fees for
Other Services Calculations
Registration certificates and renewals.
FGIS calculates the application fee by
multiply the Schedule A non-contract
hourly rate (Table 1 in § 800.71(a)) by a
quantity of five. The resulting fee is
expected to cover FGIS personnel costs
to review applications, fee publication
expenses, and administrative expenses.
The Schedule A non-contract hourly
rate is $66.20. Thus, the application fee
for 2022 will be $66.20 times 5, or $331.
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Pursuant to the Privacy Act of
1974 and Office of Management and
Budget (OMB) Circular No. A–108,
notice is hereby given that the Office of
the Assistant Secretary for Civil Rights
(OASCR), a component within the
United States Department of Agriculture
(USDA or ‘‘the Department’’), proposes
to develop a new system of records
notice titled, ‘‘USDA Reasonable
Accommodations and Personal
Assistance Services (RAPAS).’’ USDA/
RAPAS–01 proposes to establish this
system of records to allow USDA and its
mission areas and agencies to collect
and maintain records on: Applicants for
employment who have disabilities;
individuals with disabilities to facilitate
their participation in a USDA program
or activity, including attendance at a
meeting, training, conference or other
SUMMARY:
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
USDA-sponsored event at either a
USDA facility or outside USDA
employees who seek accommodations to
allow them to perform the essential
functions of their job; employees with
disabilities who request or receive
reasonable accommodation as required
by the Department as the Rehabilitation
Act of 1973 and the Americans with
Disabilities Act, as amended by the
Americans with Disabilities
Amendment Act of 2008 (ADAAA);
individuals who receive
accommodations under the Family
Medical Leave Act, and individuals who
request or receive accommodations
under Title VII of the Civil Rights Act
of 1964. Another purpose of this system
is to track and report the processing of
USDA-wide requests for reasonable
accommodation while ensuring
compliance with applicable laws and
regulations, including confidentiality
requirements protecting information
individuals submit in support of
accommodation requests.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this notice is
effective upon publication, subject to a
30-day period in which to comment on
the routine uses, described below.
ADDRESSES: The public, OMB, and
Congress are invited to submit any
comments by mail to the United States
Department of Agriculture, Privacy
Office, ATTN: Privacy Analyst, 1400
Independence Ave. SW, Washington,
DC 20250; by telephone at 202–384–
5026; or by email at
SM.OCIO.CIO.UsdaPrivacy.
FOR FURTHER INFORMATION CONTACT:
Sullie Coleman, Chief Privacy Officer,
1400 Independence Ave. SW,
Washington, DC 20250, 202–604–0467.
SUPPLEMENTARY INFORMATION: This
system of records covers information
necessary and relevant to USDA
activities providing reasonable
accommodation (RA) to qualified
employees and applicants with
disabilities, personal assistance services
(PAS) to employees with targeted
disabilities, and qualified people with
disabilities an equal opportunity to
obtain and successfully perform a job to
the same extent as employees without
disabilities, and enjoy the benefits and
privileges of employment.
USDA is establishing ‘‘USDA
Reasonable Accommodations (RA) and
Personal Assistance Services (PAS).’’
USDA/RAPAS–01, as a USDA-wide
Privacy Act system of records. A USDAwide system of records notice (SORN)
will support multiple USDA paper or
electronic recordkeeping systems.
USDA components maintaining the
same kind of information on individuals
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for the same purpose maintain the
system. The establishment of a USDAwide SORN helps USDA standardize the
rules governing the collection,
maintenance, use, and sharing of
personal information in key areas across
the department. A USDA-wide SORN
also reduce duplicative and overlapping
SORNs published by separate USDA
components. The creation of USDA/
RAPAS–01 SORN is expected to make
locating relevant SORN easier for USDA
personnel and the public and create
efficiencies in the operation of the
USDA privacy program.
This SORN describes reasonable
accommodation and assistive
technology records maintained by all
component parts of the USDA, wherever
they are maintained. The system covers
both electronic and paper records and
will be used by USDA components and
offices to maintain records about
accommodations based on disability
requested by or provided to employees
and applicants for employment and
participants in USDA programs and
activities. The Rehabilitation Act of
1973, as amended, generally requires
Federal agencies to provide
accommodations which enable
individuals with disabilities to perform
USDA employment and participate in
USDA programs and activities, unless
such accommodation would impose an
undue burden.
SYSTEM NAME AND NUMBER:
USDA Reasonable Accommodations
(RA) and Personal Assistance Services
(PAS).’’ USDA/RAPAS–01.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
The agency, U.S. Department of
Agriculture, address is 1400
Independence Ave. SW, Washington,
DC 20250. RA and PAS records are
located in personnel or designated
Reasonable Accommodation
Coordinator offices in the mission areas,
agencies or staff offices in which the
reasonable accommodation requests
were filed.
SYSTEM MANAGER:
Contact information of the agency
official who is responsible for this
system is the Office of the Assistant
Secretary for Civil Rights (OASCR),
1400 Independence Ave. SW,
Washington, DC 20250, (202) 720–3808.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973, §§ 501
and 504, Public Law 93–112, as
amended; the Americans with
Disabilities Act of 1990, Public Law
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101–336 (1990), as amended by the
ADA Amendments Act of 2008 (ADAA),
Public Law 110–325 (2009); Title VII of
the Civil Rights Act of 1964, Public Law
88–352, as amended; and the Family
and Medical Leave Act of 1993, Public
Law 103–3 (1993), as amended;
Executive Order 13164 (July 28, 2000);
and Executive Order 13548 (July 26,
2010); Executive Order 14042
(September 09, 2021); and Executive
Order 14043 (September 09, 2021).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to allow
USDA’s mission areas, agencies or staff
offices, to collect and maintain records
on individuals who seek or receive
accommodations to facilitate their
participation in USDA RA program or
activity, their attendance at a meeting,
training, conference or event at a USDA
facility or sponsored by USDA, and
employees and applicants for
employment who request or receive
reasonable accommodation by the
Department under the Rehabilitation
Act of 1973, as amended, the Americans
with Disabilities Act of 1990, as
amended by the ADAAA, and Title VII
of the Civil Rights Act of 1964, as
amended. Additionally, this system
allows USDA to collect records related
to leave requests under the Family and
Medical Leave Act of 1993, including
accommodation requests and
information. Another purpose of this
system is to track and report the
processing of requests for reasonable
accommodation USDA-wide to comply
with applicable laws and regulations
and to preserve and maintain the
confidentiality of the information
provided in support of the
accommodation request.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include applicants for
employment and employees who
request or receive reasonable
accommodations under: The
Rehabilitation Act of 1973, Public Law
93–112, as amended, the Americans
with Disabilities Act of 1990, Public
Law 101–336 (1990), as amended by the
Americans with Disabilities Act
Amendments Act of 2008 (ADAA); Title
VII of the Civil Rights Act of 1964,
Public Law 88–352, as amended; and
employees who request leave under the
Family and Medical Leave Act of 1993
(FMLA), Public Law 103–3 (1993), as
amended.
This also includes participants in
USDA programs and activities, nonFederal County Office (CO) employees
in the Farm Service Agency (FSA) and
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elected or appointed FSA County and
State Committee members, visitors at
USDA facilities (and USDA-sponsored
events at other facilities), and
authorized individuals or
representatives (e.g., family member or
attorney) who request a reasonable
accommodation on behalf of an
applicant for employment or employee.
It also includes current employees who
request or receive and former employees
who requested or received a reasonable
accommodation or leave (under FMLA)
during their employment with USDA.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Requestor’s status (applicant or
anybody who identifies or recognizes
the need for an accommodation at a
USDA facility);
• First, middle, and last name of the
person who requires the
accommodation;
• Address, phone number, and email
address of the person who requires the
accommodation;
• Date of request;
• Meeting or other event for which
the request was made (room number,
date and time of the meeting/event);
• Program or activity for which the
request was made;
• Job (occupational series, grade
level, and bureau or office) for which
reasonable accommodation was
requested; and
• Information concerning the nature
of the disability and/or the need for
accommodation, including appropriate
medical or other documentation when
the disability and/or need for
accommodation is not obvious or the
accommodation cannot be easily
provided with little effort or expense.
Information concerning the nature of
the disability and/or need for
accommodation includes:
• Medical documentation provided
by the requester or at the requestor’s
direction or request (e.g., by a
representative or the individual’s
healthcare provider) as required to
substantiate an individual’s disability or
need to care themself or a family
member (medical documentation
supporting the reasonable
accommodation request must be kept in
a confidential file separate and apart
from the requestor’s Official Personnel
Folder, Employee Performance File, or
drop file);
• Information related to employees
and their family members, including,
but not limited to, first, middle, and last
name, relationship to the employee, as
required to substantiate need to care for
a new child, recover from a serious
illness, or care for a seriously ill family
member.
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• Type(s) of accommodation(s)
requested or received;
• Request approvals and denials
notice of procedures for informal
dispute resolution or appeal processes,
forms, correspondence, records of oral
conversations, policy guidance
documents, and supporting notes and
documentation.
• Expense(s) information associated
with the requested accommodation;
• Information about a requestor’s
religious beliefs, voluntarily provided
by the requestor in support of a request
for accommodation or exemption from a
requirement or penalty;
• Whether the request came from
someone planning to visit a USDA
facility;
• Whether an accommodation
requested or provided occurred preemployment, during current or former
employment or for a particular event;
• How the requested accommodation
would assist in job performance,
participation in a USDA program or
activity, or attendance at a USDAsponsored meeting or event;
• The amount of time taken to
process the request;
• Whether the request was granted or
denied and reason; and
• The sources of technical assistance
consulted in trying to identify a possible
reasonable accommodation.
RECORD SOURCE CATEGORIES:
Information is obtained from
applicants for employment with
disabilities as well as employees with
disabilities, employees seeking leave
under FMLA, participants in USDA
programs and activities, visitors at
USDA facilities, and authorized
individuals or representatives (e.g.,
family member or attorney) who
requested or received reasonable
accommodations from USDA’s mission
areas, agencies or staff offices as
required by the Rehabilitation Act of
1973, the ADAAA, and Title VII of the
Civil Rights Act, as amended.
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 the Privacy
Act of 1974, 5 U.S.C. 552a(b), records
and/or information or portions thereof
maintained as part of this system may
be disclosed outside USDA as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
(1) To the United States Department
of Justice (‘‘DOJ’’), for the purpose of
representing or providing legal advice to
the Department in a proceeding before
a court, adjudicative body, or other
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923
administrative body before which the
Department is authorized to appear,
when such proceeding involves:
(a) The Department or any component
thereof;
(b) Any employee of the Department
in his or her official capacity;
(c) Any employee of the Department
in his or her individual capacity where
DOJ or the Department has agreed to
represent the employee; or
(d) The United States, when the
Department determines that litigation is
likely to affect the Department or any of
its components; and the use of such
records by the DOJ is deemed by the
DOJ or the Department to be relevant
and necessary to the litigation.
(2) To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations;
(3) To a Congressional office in
response to an inquiry made at the
request of the individual to whom the
record pertains;
(4) To the National Archives and
Records Administration Archivist (or
the Archivist’s designee) pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906;
(5) To appropriate agencies, entities,
and person when (1) the Department of
Agriculture and/or Office of the
Assistant Secretary for Civil Rights
suspects or has confirmed that there has
been a breach of the system of records;
(2) the Department of Agriculture and/
or Office of the Assistant Secretary for
Civil Rights has determined that as a
result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Department of
Agriculture and/or Office of the
Assistant Secretary for Civil Rights
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department of
Agriculture’s and/or of the Assistant
Secretary for Civil Rights efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm;
(6) To another Federal agency or
Federal entity, when the Department of
the Treasury and/or the Office of Civil
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
Rights and Diversity determines that
information from this system of records
is reasonably necessary to assist the
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach;
(7) To medical personnel to meet a
bona fide medical emergency;
(8) To an authorized appeal grievance
examiner, formal complaints examiner,
administrative judge, equal employment
opportunity investigator, arbitrator or
other duly authorized official engaged
in investigation or settlement of a
grievance, complaint or appeal filed by
an employee;
(9) To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion on such
matters as settlement, plea bargaining,
or in information discovery
proceedings; and
(10) To contractors, grantees, experts,
consultants, students, interns, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for the
federal government, when necessary to
accomplish an agency function related
to this system of records.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in this system are on paper
and/or in digital or other electronic
form. Digital and other electronic
images are stored on a storage area
network in a secured environment.
Records, whether paper or electronic,
may be stored in a separate, secure
location at the USDA Headquarters or at
the mission area, agency or staff office
level.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name of
the requester, employing mission area,
agency or staff office, or any unique
identifier to the request if applicable.
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To the extent applicable, to ensure
compliance with Americans with
Disabilities Act (ADA) and the
Rehabilitation Act, medical information
must be ‘‘maintained on separate forms
and in separate medical files and be
treated as a confidential medical
record.’’ 42 U.S.C. 12112(d)(3)(B). This
means that medical information and
17:08 Jan 06, 2022
Jkt 256001
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The Department safeguards records in
this system according to applicable
rules and polices, including all
applicable USDA automated systems
security and access policies. The
Department has imposed strict controls
to minimize the risk of compromising
the information that is being stored.
Paper records are maintained in a
secure, access-controlled room, with
access limited to authorized personnel.
RECORD ACCESS PROCEDURES:
All requests for access to records must
be in writing and should be addressed
to the USDA Departmental FOIA Office,
ATTN: Departmental FOIA Officer, 1400
Independence Avenue SW, South
Building, Room 4104, Washington, DC
20250–0706, Email: USDAFOIA@
ocio.usda.gov. The envelope and letter
should be clearly marked ‘‘Privacy Act
Access Request.’’ The request must
describe the records sought in sufficient
detail to enable Department personnel
to locate them with a reasonable amount
of effort. The request must include a
general description of the records
sought and must include the requester’s
full name, current address, and date and
place of birth. The request must be
signed and either notarized or submitted
under penalty of perjury. Additional
details on procedures for access under
the Privacy Act can be found in USDA
Department Regulation 3515–002
Privacy Policy and Compliance for
Personally Identifiable Information (PII)
or at Privacy Policy and Compliance for
Personally Identifiable Information (PII)
(usda.gov).
CONTESTING RECORD PROCEDURES:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
VerDate Sep<11>2014
documents must be stored separately
from other personnel records. As such,
the Department must keep medical
records for at least one year from
creation date. 29 CFR 1602.14. Further,
records compiled under this SORN will
be maintained in accordance with
NARA General Records Schedule (GRS)
2.7, Items 010, 070 or 080, and NARA
records retention schedules DAA–
GRS2017–0010–0001, DAA–GRS2017–
0010–0012, and DAA–GRS2017–0010–
0013, to the extent applicable.
Individuals seeking to contest or
amend records maintained in this
system of records must direct their
requests to the address indicated in the
‘‘RECORD ACCESS PROCEDURES’’
paragraph, above. All requests to contest
or amend records must be in writing
and the envelope and letter should be
clearly marked ‘‘Privacy Act
Amendment Request.’’ All requests
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must state clearly and concisely what
record is being contested, the reasons
for contesting it, and the proposed
amendment to the record. Additional
details on procedures for contesting or
amending records under the Privacy Act
can be found in USDA Department
Regulation 3515–002 Privacy Policy and
Compliance for Personally Identifiable
Information (PII) or at Privacy Policy
and Compliance for Personally
Identifiable Information (PII) (usda.gov).
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:
None.
Sullie Coleman,
Chief Privacy Officer, United States
Department of Agriculture.
[FR Doc. 2021–28547 Filed 1–6–22; 8:45 am]
BILLING CODE 3410–90–P
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Delaware Advisory Committee
Commission on Civil Rights.
Announcement of meetings.
AGENCY:
ACTION:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission), and the
Federal Advisory Committee Act
(FACA), that the Delaware Advisory
Committee to the Commission will hold
virtual meetings on Wednesday,
Wednesday, February 2, 2022;
Wednesday, March 2, 2022, and
Wednesday, April 6. 2022, from 1:00
p.m.–2:00 p.m. (ET). The purpose of the
meetings is for project planning pre and
post briefings on the topic of COVID 19
and health disparities experienced by
people of color in Delaware.
DATES: These meetings will be held from
1:00 p.m. to 2:00 p.m. (ET) on 1/5/22,
2/2/22, and 3/2/22. The access
information for all three meetings is the
same:
• To join by web conference: https://
bit.ly/3kfvUJu
• To join by phone only, dial 1–800–
360–9505; Access code: 1996 49
4260#
SUMMARY:
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Agencies
[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 921-924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28547]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
[Docket No. USDA-2022-0001]
Privacy Act of 1974; New System of Records
AGENCY: Office of the Assistant Secretary for Civil Rights, Department
of Agriculture.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, notice is hereby given that the
Office of the Assistant Secretary for Civil Rights (OASCR), a component
within the United States Department of Agriculture (USDA or ``the
Department''), proposes to develop a new system of records notice
titled, ``USDA Reasonable Accommodations and Personal Assistance
Services (RAPAS).'' USDA/RAPAS-01 proposes to establish this system of
records to allow USDA and its mission areas and agencies to collect and
maintain records on: Applicants for employment who have disabilities;
individuals with disabilities to facilitate their participation in a
USDA program or activity, including attendance at a meeting, training,
conference or other
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USDA-sponsored event at either a USDA facility or outside USDA
employees who seek accommodations to allow them to perform the
essential functions of their job; employees with disabilities who
request or receive reasonable accommodation as required by the
Department as the Rehabilitation Act of 1973 and the Americans with
Disabilities Act, as amended by the Americans with Disabilities
Amendment Act of 2008 (ADAAA); individuals who receive accommodations
under the Family Medical Leave Act, and individuals who request or
receive accommodations under Title VII of the Civil Rights Act of 1964.
Another purpose of this system is to track and report the processing of
USDA-wide requests for reasonable accommodation while ensuring
compliance with applicable laws and regulations, including
confidentiality requirements protecting information individuals submit
in support of accommodation requests.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective upon publication, subject to a 30-day period in which to
comment on the routine uses, described below.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments by mail to the United States Department of Agriculture,
Privacy Office, ATTN: Privacy Analyst, 1400 Independence Ave. SW,
Washington, DC 20250; by telephone at 202-384-5026; or by email at
SM.OCIO.CIO.UsdaPrivacy.
FOR FURTHER INFORMATION CONTACT: Sullie Coleman, Chief Privacy Officer,
1400 Independence Ave. SW, Washington, DC 20250, 202-604-0467.
SUPPLEMENTARY INFORMATION: This system of records covers information
necessary and relevant to USDA activities providing reasonable
accommodation (RA) to qualified employees and applicants with
disabilities, personal assistance services (PAS) to employees with
targeted disabilities, and qualified people with disabilities an equal
opportunity to obtain and successfully perform a job to the same extent
as employees without disabilities, and enjoy the benefits and
privileges of employment.
USDA is establishing ``USDA Reasonable Accommodations (RA) and
Personal Assistance Services (PAS).'' USDA/RAPAS-01, as a USDA-wide
Privacy Act system of records. A USDA-wide system of records notice
(SORN) will support multiple USDA paper or electronic recordkeeping
systems. USDA components maintaining the same kind of information on
individuals for the same purpose maintain the system. The establishment
of a USDA-wide SORN helps USDA standardize the rules governing the
collection, maintenance, use, and sharing of personal information in
key areas across the department. A USDA-wide SORN also reduce
duplicative and overlapping SORNs published by separate USDA
components. The creation of USDA/RAPAS-01 SORN is expected to make
locating relevant SORN easier for USDA personnel and the public and
create efficiencies in the operation of the USDA privacy program.
This SORN describes reasonable accommodation and assistive
technology records maintained by all component parts of the USDA,
wherever they are maintained. The system covers both electronic and
paper records and will be used by USDA components and offices to
maintain records about accommodations based on disability requested by
or provided to employees and applicants for employment and participants
in USDA programs and activities. The Rehabilitation Act of 1973, as
amended, generally requires Federal agencies to provide accommodations
which enable individuals with disabilities to perform USDA employment
and participate in USDA programs and activities, unless such
accommodation would impose an undue burden.
SYSTEM NAME AND NUMBER:
USDA Reasonable Accommodations (RA) and Personal Assistance
Services (PAS).'' USDA/RAPAS-01.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
The agency, U.S. Department of Agriculture, address is 1400
Independence Ave. SW, Washington, DC 20250. RA and PAS records are
located in personnel or designated Reasonable Accommodation Coordinator
offices in the mission areas, agencies or staff offices in which the
reasonable accommodation requests were filed.
SYSTEM MANAGER:
Contact information of the agency official who is responsible for
this system is the Office of the Assistant Secretary for Civil Rights
(OASCR), 1400 Independence Ave. SW, Washington, DC 20250, (202) 720-
3808.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973, Sec. Sec. 501 and 504, Public Law
93-112, as amended; the Americans with Disabilities Act of 1990, Public
Law 101-336 (1990), as amended by the ADA Amendments Act of 2008
(ADAA), Public Law 110-325 (2009); Title VII of the Civil Rights Act of
1964, Public Law 88-352, as amended; and the Family and Medical Leave
Act of 1993, Public Law 103-3 (1993), as amended; Executive Order 13164
(July 28, 2000); and Executive Order 13548 (July 26, 2010); Executive
Order 14042 (September 09, 2021); and Executive Order 14043 (September
09, 2021).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to allow USDA's mission areas,
agencies or staff offices, to collect and maintain records on
individuals who seek or receive accommodations to facilitate their
participation in USDA RA program or activity, their attendance at a
meeting, training, conference or event at a USDA facility or sponsored
by USDA, and employees and applicants for employment who request or
receive reasonable accommodation by the Department under the
Rehabilitation Act of 1973, as amended, the Americans with Disabilities
Act of 1990, as amended by the ADAAA, and Title VII of the Civil Rights
Act of 1964, as amended. Additionally, this system allows USDA to
collect records related to leave requests under the Family and Medical
Leave Act of 1993, including accommodation requests and information.
Another purpose of this system is to track and report the processing of
requests for reasonable accommodation USDA-wide to comply with
applicable laws and regulations and to preserve and maintain the
confidentiality of the information provided in support of the
accommodation request.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include applicants
for employment and employees who request or receive reasonable
accommodations under: The Rehabilitation Act of 1973, Public Law 93-
112, as amended, the Americans with Disabilities Act of 1990, Public
Law 101-336 (1990), as amended by the Americans with Disabilities Act
Amendments Act of 2008 (ADAA); Title VII of the Civil Rights Act of
1964, Public Law 88-352, as amended; and employees who request leave
under the Family and Medical Leave Act of 1993 (FMLA), Public Law 103-3
(1993), as amended.
This also includes participants in USDA programs and activities,
non-Federal County Office (CO) employees in the Farm Service Agency
(FSA) and
[[Page 923]]
elected or appointed FSA County and State Committee members, visitors
at USDA facilities (and USDA-sponsored events at other facilities), and
authorized individuals or representatives (e.g., family member or
attorney) who request a reasonable accommodation on behalf of an
applicant for employment or employee. It also includes current
employees who request or receive and former employees who requested or
received a reasonable accommodation or leave (under FMLA) during their
employment with USDA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Requestor's status (applicant or anybody who identifies or
recognizes the need for an accommodation at a USDA facility);
First, middle, and last name of the person who requires
the accommodation;
Address, phone number, and email address of the person who
requires the accommodation;
Date of request;
Meeting or other event for which the request was made
(room number, date and time of the meeting/event);
Program or activity for which the request was made;
Job (occupational series, grade level, and bureau or
office) for which reasonable accommodation was requested; and
Information concerning the nature of the disability and/or
the need for accommodation, including appropriate medical or other
documentation when the disability and/or need for accommodation is not
obvious or the accommodation cannot be easily provided with little
effort or expense.
Information concerning the nature of the disability and/or need for
accommodation includes:
Medical documentation provided by the requester or at the
requestor's direction or request (e.g., by a representative or the
individual's healthcare provider) as required to substantiate an
individual's disability or need to care themself or a family member
(medical documentation supporting the reasonable accommodation request
must be kept in a confidential file separate and apart from the
requestor's Official Personnel Folder, Employee Performance File, or
drop file);
Information related to employees and their family members,
including, but not limited to, first, middle, and last name,
relationship to the employee, as required to substantiate need to care
for a new child, recover from a serious illness, or care for a
seriously ill family member.
Type(s) of accommodation(s) requested or received;
Request approvals and denials notice of procedures for
informal dispute resolution or appeal processes, forms, correspondence,
records of oral conversations, policy guidance documents, and
supporting notes and documentation.
Expense(s) information associated with the requested
accommodation;
Information about a requestor's religious beliefs,
voluntarily provided by the requestor in support of a request for
accommodation or exemption from a requirement or penalty;
Whether the request came from someone planning to visit a
USDA facility;
Whether an accommodation requested or provided occurred
pre- employment, during current or former employment or for a
particular event;
How the requested accommodation would assist in job
performance, participation in a USDA program or activity, or attendance
at a USDA-sponsored meeting or event;
The amount of time taken to process the request;
Whether the request was granted or denied and reason; and
The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation.
RECORD SOURCE CATEGORIES:
Information is obtained from applicants for employment with
disabilities as well as employees with disabilities, employees seeking
leave under FMLA, participants in USDA programs and activities,
visitors at USDA facilities, and authorized individuals or
representatives (e.g., family member or attorney) who requested or
received reasonable accommodations from USDA's mission areas, agencies
or staff offices as required by the Rehabilitation Act of 1973, the
ADAAA, and Title VII of the Civil Rights Act, as amended.
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 the
Privacy Act of 1974, 5 U.S.C. 552a(b), records and/or information or
portions thereof maintained as part of this system may be disclosed
outside USDA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
(1) To the United States Department of Justice (``DOJ''), for the
purpose of representing or providing legal advice to the Department in
a proceeding before a court, adjudicative body, or other administrative
body before which the Department is authorized to appear, when such
proceeding involves:
(a) The Department or any component thereof;
(b) Any employee of the Department in his or her official capacity;
(c) Any employee of the Department in his or her individual
capacity where DOJ or the Department has agreed to represent the
employee; or
(d) The United States, when the Department determines that
litigation is likely to affect the Department or any of its components;
and the use of such records by the DOJ is deemed by the DOJ or the
Department to be relevant and necessary to the litigation.
(2) To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations;
(3) To a Congressional office in response to an inquiry made at the
request of the individual to whom the record pertains;
(4) To the National Archives and Records Administration Archivist
(or the Archivist's designee) pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906;
(5) To appropriate agencies, entities, and person when (1) the
Department of Agriculture and/or Office of the Assistant Secretary for
Civil Rights suspects or has confirmed that there has been a breach of
the system of records; (2) the Department of Agriculture and/or Office
of the Assistant Secretary for Civil Rights has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department of Agriculture and/or Office of the
Assistant Secretary for Civil Rights (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Department of Agriculture's and/or of the Assistant Secretary for Civil
Rights efforts to respond to the suspected or confirmed breach or to
prevent, minimize, or remedy such harm;
(6) To another Federal agency or Federal entity, when the
Department of the Treasury and/or the Office of Civil
[[Page 924]]
Rights and Diversity determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach;
(7) To medical personnel to meet a bona fide medical emergency;
(8) To an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity
investigator, arbitrator or other duly authorized official engaged in
investigation or settlement of a grievance, complaint or appeal filed
by an employee;
(9) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
on such matters as settlement, plea bargaining, or in information
discovery proceedings; and
(10) To contractors, grantees, experts, consultants, students,
interns, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for the federal
government, when necessary to accomplish an agency function related to
this system of records.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are on paper and/or in digital or other
electronic form. Digital and other electronic images are stored on a
storage area network in a secured environment. Records, whether paper
or electronic, may be stored in a separate, secure location at the USDA
Headquarters or at the mission area, agency or staff office level.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name of the requester, employing
mission area, agency or staff office, or any unique identifier to the
request if applicable.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
To the extent applicable, to ensure compliance with Americans with
Disabilities Act (ADA) and the Rehabilitation Act, medical information
must be ``maintained on separate forms and in separate medical files
and be treated as a confidential medical record.'' 42 U.S.C.
12112(d)(3)(B). This means that medical information and documents must
be stored separately from other personnel records. As such, the
Department must keep medical records for at least one year from
creation date. 29 CFR 1602.14. Further, records compiled under this
SORN will be maintained in accordance with NARA General Records
Schedule (GRS) 2.7, Items 010, 070 or 080, and NARA records retention
schedules DAA-GRS2017-0010-0001, DAA-GRS2017-0010-0012, and DAA-
GRS2017-0010-0013, to the extent applicable.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The Department safeguards records in this system according to
applicable rules and polices, including all applicable USDA automated
systems security and access policies. The Department has imposed strict
controls to minimize the risk of compromising the information that is
being stored. Paper records are maintained in a secure, access-
controlled room, with access limited to authorized personnel.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the USDA Departmental FOIA Office, ATTN: Departmental FOIA
Officer, 1400 Independence Avenue SW, South Building, Room 4104,
Washington, DC 20250-0706, Email: usda.gov">[email protected]usda.gov. The envelope
and letter should be clearly marked ``Privacy Act Access Request.'' The
request must describe the records sought in sufficient detail to enable
Department personnel to locate them with a reasonable amount of effort.
The request must include a general description of the records sought
and must include the requester's full name, current address, and date
and place of birth. The request must be signed and either notarized or
submitted under penalty of perjury. Additional details on procedures
for access under the Privacy Act can be found in USDA Department
Regulation 3515-002 Privacy Policy and Compliance for Personally
Identifiable Information (PII) or at Privacy Policy and Compliance for
Personally Identifiable Information (PII) (usda.gov).
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their requests to the address indicated
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to
contest or amend records must be in writing and the envelope and letter
should be clearly marked ``Privacy Act Amendment Request.'' All
requests must state clearly and concisely what record is being
contested, the reasons for contesting it, and the proposed amendment to
the record. Additional details on procedures for contesting or amending
records under the Privacy Act can be found in USDA Department
Regulation 3515-002 Privacy Policy and Compliance for Personally
Identifiable Information (PII) or at Privacy Policy and Compliance for
Personally Identifiable Information (PII) (usda.gov).
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:
None.
Sullie Coleman,
Chief Privacy Officer, United States Department of Agriculture.
[FR Doc. 2021-28547 Filed 1-6-22; 8:45 am]
BILLING CODE 3410-90-P