Privacy Act of 1974; System of Records, 56715-56719 [2024-15113]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56715-56719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15113]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2021-0069]


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 Wildlife Services Management

[[Page 56716]]

Information System, USDA/APHIS-9. Among other changes, the system will 
be renamed Wildlife Services Information Management System, USDA/APHIS-
9. Wildlife Services Information Management System serves as the 
official record of Wildlife Services' work in wildlife damage 
management activities related to agriculture, human health and safety, 
natural resources, and human property.

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 in the routine 
uses section of this system of records notice. Please submit any 
comments by August 9, 2024.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Enter APHIS-2021-0069 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-2021-0069, 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 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 
Ms. Felicia L. Hubb, Staff Wildlife Biologist, APHIS, Wildlife 
Services, 4700 River Road, Unit 87, Riverdale, MD 20737; (301) 851-
3996; [email protected]. For Privacy Act questions concerning 
this system of records notice, please contact the Director, Freedom of 
Information and Privacy Act Staff, 4700 River Road, Unit 50, Riverdale, 
MD 20737; (301) 851-4076; [email protected]. 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 for Wildlife Services Management 
Information System, USDA/APHIS-9. The system will be renamed Wildlife 
Services Information Management System, USDA/APHIS-9. The system of 
records for Wildlife Services, USDA/APHIS-9, was last published on 
October 8, 2015, in its entirety in the Federal Register (80 FR 60872-
60875, Docket No. APHIS-2014-0036). (To view the notice, go to 
www.regulations.gov, and enter APHIS-2014-0036 in the Search field.)
    Wildlife Services Information Management System serves as the 
official record of Wildlife Services' (WS') work in wildlife damage 
management activities related to agriculture, human health and safety, 
natural resources, and human property. WS supports the APHIS mission to 
safeguard the health, welfare, and value of American agriculture and 
natural resources. This system, which currently includes the Management 
Information System (MIS), and will include the successor system, 
Operations and Reporting System (OARS), and any future successor 
system, serves as the official record of WS' work in wildlife damage 
management activities related to agriculture, human health and safety, 
natural resources, and human property. WS conducts work to manage 
damage related to wildlife, wildlife diseases, aviation safety, 
invasive species, blackbird management, and livestock, aquaculture, and 
other natural resource protection. This system improves WS' capability 
to monitor and measure its performance, provide timely information to 
decision makers, and document WS' work. WS' personnel enter wildlife 
damage management activities into the system, and WS uses the 
information to generate wildlife damage management reports for APHIS, 
its customers, stakeholders, and the public. System generated reports 
do not disclose personal identifying information or distinguishable 
private property locations.
    APHIS is making the following changes to the system of records 
notice:
     Renaming the system to broaden the name that will include 
any information collection system WS uses in the future to collect the 
information described by this system of records notice;
     Updating the system location and system manager to reflect 
the current system locations and system manager;
     Updating the location of the authorities for maintenance 
of the system because the sections were reorganized in the United 
States Code;
     Updating the purpose of the system to more accurately 
describe the WS' activities and services provided for better reporting 
capabilities;
     Expanding the categories of individuals to include the 
individual entities more accurately for whom WS provides services and 
the government personnel involved in WS' associated services and 
activities to more accurately identify stakeholder groups;
     Expanding the categories of records to list the records 
maintained in the system by category;
     Expanding the record source categories to add additional 
information that may be added to the system by WS;
     Updating the policies and practices for storage and 
retention and disposal of records in the system to more accurately 
describe the storage and record retention times until the National 
Archives and Records Administration approves APHIS' requested records 
retention schedule;
     Updating the policies for retrieval of records to provide 
the elements by which records can be retrieved within the system;
     Updating the system safeguards to add reference to 
eAuthentication;
     Updating the notification, record access, and contesting 
record procedures to reference the subject regulations found in 7 CFR 
part 1; and
     Providing an updated full list of routine uses in the 
routine uses section of the document published with this notice. Each 
routine use includes an explanation as to the reason for the use.

SYSTEM NAME AND NUMBER:
    Wildlife Services Information Management System, USDA/APHIS-9.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATIONS:
    System files are stored and maintained on a secure USDA approved 
cloud system, Microsoft Azure Cloud. APHIS headquarters is located at 
USDA Center at Riverside, 4700 River Road, Riverdale, MD 20737. File 
copies may be stored as part of an email on USDA email servers and 
retained in the email archive. In addition, hard copy components of the 
system and computer files, tapes, and disks are maintained in a 
safeguarded environment at WS field offices with access only by 
authorized personnel. The locations of WS field offices are available 
online at (https://www.aphis.usda.gov/contact/wildlife). Applications 
may also be hosted on a contract cloud system approved for

[[Page 56717]]

government use such as Amazon Web Services or GovCloud.

SYSTEM MANAGER(S):
    Wildlife Services Operational Support Staff Director, USDA APHIS 
WS, 4700 River Road, Unit 87, 2D-07B, Riverdale, MD 20737; Telephone: 
(301) 851-4002.

AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
     The Act of March 2, 1931, as amended (46 Stat. 1468-69; 7 
U.S.C. 8351-8352);
     The Act of December 22, 1987 (Pub. L. 100-202, 101(k), 101 
Stat. 1329-331, 7 U.S.C. 8353); and
     16 U.S.C. 667.

PURPOSE(S) OF THE SYSTEM:
    WS supports the APHIS mission to safeguard the health, welfare, and 
value of American agriculture and natural resources. The Wildlife 
Services Information Management System, which currently includes the 
Management Information System (MIS), and will include the successor 
system, Operations and Reporting System (OARS), and any future 
successor system, serves as the official record of WS' work in wildlife 
damage management activities related to agriculture, human health and 
safety, natural resources, and human property. WS conducts work to 
manage damage related to wildlife diseases, aviation safety, invasive 
species, blackbird management, and livestock, aquaculture, and other 
natural resource protection. This system improves WS' capability to 
monitor and measure its performance, provide timely information to 
decision makers, and document WS' work. WS' personnel enter wildlife 
damage management activities into the system, and WS uses the 
information to generate wildlife damage management reports for APHIS, 
its customers, stakeholders, and the public. System generated reports 
do not disclose personal identifying information or distinguishable 
private property locations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered in this system include people with signed 
agreements with WS for wildlife damage management services. Individuals 
are identified as owners, managers, cooperators, or contacts for 
premises (locations). Individuals and cooperators may include, but are 
not limited to, farmers, ranchers, airport managers, private 
landowners, private homeowners, business or property owners, property 
tenants, homeowner's association representatives, golf course managers, 
pest control operators, the public, and employees of WS and Federal, 
State, local, and Tribal governments.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include:
    Contact information: Contact information may include, but is not 
limited to, names, phone numbers, physical addresses, mailing 
addresses, and electronic mail addresses. Individuals' information may 
also include their roles or titles such as owners, managers, employees, 
or related businesses; contractors and cooperators; and local, State, 
Tribal, or Federal personnel, including WS' personnel. In addition, WS 
assigns an identifying number for cooperators to whom it provides 
services on specific wildlife damage projects or for individual 
citizens who are the primary contact in a funded cooperative agreement 
relationship. Note: WS records identifying numbers pertain only on the 
paper-based component of the system.
    Agreement information: Address information may include, but is not 
limited to, address or location and description of property, land 
class, and parcel information, which may include geographic 
coordinates; agreement number, specific dates or date ranges of WS' 
participation; customer resource information, resources and property 
that were threatened, damaged, or destroyed by wildlife, value of 
resources or physical property; adverse human or animal incident 
information; and insurance, appraisals, and indemnity information.
    Location: Information about where wildlife damage occurs and/or 
where wildlife damage management activities took place may include, but 
is not limited to, a physical address including State and Zip code, 
county, geographic coordinates, plat map references, or distances from 
other premises or landmarks.
    Employee information: Employee information about WS' employees, WS' 
collaborators, and WS' contract pilots may include, but is not limited 
to, names, titles, duty stations, usernames, telephone numbers (home 
and work), work email address, unique employee identification numbers, 
and system passwords. WS' employee identification will also be linked 
to the properties or sites visited as listed under the Location 
category above.
    Operational records: These records of WS and cooperator wildlife 
damage management activities may include, but is not limited to, direct 
control methods, technical assistance, site visits, assessments, 
consultations, vaccinations, and wildlife disease surveillance. This 
information may also include information regarding personnel and other 
resources involved.
    Animal descriptions: Information and characteristics about animals 
may include, but is not limited to, species, sex, weight, age, 
condition, behavior, fate, and ownership of livestock and domestic 
animals.
    Identifiers: Ear tags, codes, numbers, or descriptions used to 
connect data about entities such as, but not limited to, animals, date, 
location, biological specimens, or test results, if sampled for disease 
diagnostics or genetic testing.

RECORD SOURCE CATEGORIES:
    WS personnel assigned to the specific project input all information 
into the system. Sources of information include USDA, APHIS, WS, and 
other Federal, State, local, and Tribal government personnel and their 
contractors or cooperators involved with managing wildlife conflicts; 
and WS' cooperators, individuals, or groups identified as owners, 
managers, or contacts for properties including but not limited to, 
ranches, farms, or other businesses or operations. OARS will integrate 
commercially available geospatial products depicting land ownership and 
property boundaries of public and privately owned lands (parcel data). 
Parcel data is publicly available at the county level but is curated by 
commercial vendors to provide single source national level data. WS 
will use the maps to identify properties where personnel have 
cooperator's permission to conduct wildlife damage management. Parcel 
data provided to WS will not be made available to the public.

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 cooperative Federal, State, Tribal, and local government 
officials, employees, or contractors, and other parties as necessary to 
carry out WS' program; and other parties engaged to assist in 
administering WS' program. Such contractors and other parties will be 
bound by the nondisclosure provisions of the Privacy Act. This routine 
use assists the Agency in

[[Page 56718]]

carrying out WS' program, and thus is compatible with the purpose for 
which the records are created and maintained;
    (2) To Federal, State, Tribal, and local regulatory agencies and 
their employees and contractors who collaborate with WS in 
implementation of, or agencies that regulate, wildlife management 
projects or programs, or who have an interest in, or regulate, animal 
or public health, wildlife species conservation, or national security;
    (3) To State- or Federal Government-level representatives of the 
U.S. Environmental Protection Agency, in compliance with the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) mandate (FIFRA sec. 
8, 7 U.S.C. 136f, and 136i-l), of the location on a cooperator's 
property where certain regulated pesticide devices are deployed or 
regulated pesticides are applied;
    (4) To land management agencies, such as the Bureau of Land 
Management and State, local, and Tribal land management programs 
relating to, but not limited to, wildlife damage on grazing allotments, 
recreational lands (parks);
    (5) To cooperating laboratories, Federal, State, and local 
government officials, employees, or contractors, and other parties 
engaged to assist in administering animal health programs to assist the 
Agency in carrying out WS' program;
    (6) To USDA contractors or cooperators with signed agreements 
collaborating with USDA in conducting, managing, or evaluating wildlife 
disease or pest surveillance or control programs, and monitoring for 
animal issues, diseases, or pests or to aid in containing and 
responding to a foreign or domestic animal disease outbreak, zoonotic 
disease outbreak, bioterrorism, hazardous materials event, or other 
animal health emergency;
    (7) To appropriate law enforcement agencies, 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 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;
    (8) To the Department of Justice when: (a) USDA, or any component 
thereof; or (b) any employee of USDA 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 (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;
    (9) 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;
    (10) To appropriate agencies, entities, and persons when: (a) USDA 
suspects or has confirmed that there has been a breach of 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;
    (11) 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;
    (12) 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;
    (13) To contractors and their agents, grantees, experts, 
consultants, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for USDA, when 
necessary to accomplish an Agency function related to this system of 
records;
    (14) To USDA contractors, partner agency employee or contractors, 
or private industry employed to identify patterns, trends, or anomalies 
indicative of fraud, waste, or abuse;
    (15) To the National Archives and Records Administration (NARA) or 
other Federal Government agencies for records management activities 
conducted under 44 U.S.C. 2904 and 2906; and
    (16) Disclosure to consumer reporting agencies: In accordance with 
31 U.S.C. 3711(e) when trying to collect a claim of the Government 
under a law except the Internal Revenue Code of 1986 (26 U.S.C. 1 et 
seq.).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    WS will maintain MIS and OARS in the Microsoft Azure Cloud. APHIS 
WS will maintain paper documents that are executed originals in locked 
file cabinets within WS' State office buildings that are locked and 
require employee identification for admittance. To comply with NARA and 
APHIS record storage policies and implementation schedules, paper 
documents will be converted to electronic format and stored in approved 
government Cloud based system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Under this system, data retrieval may be organized by agreement 
number, name of cooperator, address, or phone number. Retrieval 
permissions for WS employees who have access to the system are 
determined by the data usage role of the employee.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    APHIS has developed record retention schedules, but until they are 
approved by NARA, electronic systems are classified as permanent in 
accordance with unscheduled records management policy. The records in 
this system are currently unscheduled. APHIS is in the process of 
requesting records disposition authority from NARA, and these records 
will be retained until appropriate disposition authority is obtained 
from NARA.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Control measures designed to prevent misuse of accessible data 
include unique user identification, a password or eAuthentication 
protection protocol, and limitation of user roles through 
compartmentalization of allowed access.

[[Page 56719]]

Agency implemented cybersecurity measures and firewalls are built into 
the application user interface, and monitoring of use of the system for 
profiles of misuse is possible. The hard copy components of the system, 
and computer files, tapes, and disks are kept in a safeguarded 
environment at WS' field offices with access only by authorized 
personnel.
    System access, including access to records stored in an Agency 
approved repository, is limited to individuals with appropriate 
permissions who need to know the information for performance of 
official duties.

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; any other information 
specified in the system notice; 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, 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 RECORDS PROCEDURE:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their request to the address indicated in 
the ``RECORD ACCESS PROCEDURES'' paragraph, above 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.

NOTIFICATION PROCEDURE:
    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 CLAIMED BY THE SYSTEM:
    None.

HISTORY:
    Published as a modified system on October 8, 2015 (80 FR 60872-
60875, APHIS-2014-0036).
    Published as a new system on April 30, 2008 (73 FR 23404-23406, 
APHIS-2006-0018).
    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 and Ranking Member of the House Committee 
on Oversight and Reform, Chairman and Ranking Member of the Senate 
Committee on Homeland Security and Governmental Affairs, and the 
Administrator of the Office of Management and Budget's Office of 
Information and Regulatory Affairs.

    Done in Washington, DC, this 2nd day of July 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-15113 Filed 7-9-24; 8:45 am]
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