Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 18145 

information collection requirements are 

essential to carry out the intent of the 

Act, to provide the respondents the type 

of service they request, and to 

administer the marketing order 

programs. 

Description of Respondents: Business 

for profit; farms. 

Number of Respondents: 97. 

Frequency of Responses: Reporting: 

On occasion; weekly; quarterly; 

recordkeeping. 

Total Burden Hours: 5,498. 

Agricultural Marketing Service 

Title: Livestock & Meat Market News. 

OMB Control Number: 0581–0154. 

Summary of Collection: The 

Agricultural Marketing Act of 1946 (7 

U.S.C. 1621), Section 203(q), directs and 

authorizes the collection and 

dissemination of marketing information 

including adequate outlook information, 

on a market area basis, for the purpose 

of anticipating and meeting consumer 

requirements aiding in the maintenance 

of farm income and to bring about a 

balance between production and 

utilization. Livestock and Meat Market 

News provides a timely exchange of 

accurate and unbiased information on 

current marketing conditions affecting 

trade in livestock, meats, grain, and 

wool. Administered by the U.S. 

Department of Agriculture’s 

Agricultural Marketing Service (AMS), 

this nationwide market news program is 

conducted in cooperation with 

approximately 27 States departments of 

agriculture. AMS will collect 

information using market reports. 

Need and Use of the Information: The 

information provided by respondents 

initiates market news reporting, which 

must be timely accurate, unbiased, and 

continuous if it is to be meaningful to 

the industry. AMS will collect 

information on price, supply, demand, 

trends, movement, and other 

information of livestock, meat carcasses, 

meat and pork cuts, and meat 

byproducts. Several agencies, 

agricultural universities and college use 

the information collected to keep 

appraised of the current market 

conditions, movement of livestock and 

meat in the United States and to 

determine available supplies and 

current pricing. 

Description of Respondents: Business 

or other for-profit; individuals or 

households. 

Number of Respondents: 990. 

Frequency of Responses: Reporting: 

Weekly; other (daily). 

Total Burden Hours: 10,391. 

Agricultural Marketing Service 

Title: Pistachios Grown in California, 

Arizona and New Mexico. 

OMB Control Number: 0581–0215. 

Summary of Collection: The Pistachio 

Marketing Order, (7 CFR part 983), 

covering pistachios grown in California, 

Arizona and New Mexico is established 

and regulated under the Agricultural 

Marketing Agreement Act of 1937, Secs. 

1–19, 48 Stat. 31, as amended, (7 U.S.C. 

601–674), herein referred to as the Act. 

The order regulates the handling of 

pistachios, authorizes grade and size 

requirements, as well as a requirement 

for aflatoxin testing on domestic 

shipments only. The Secretary is 

authorized to oversee the order 

operations and issue regulations 

recommended by representatives from 

the Pistachio Committee. 

Need and Use of the Information: The 

Agricultural Marketing Service has 

developed forms as a convenience for 

handlers and producers who are 

required to file certain information with 

the Committee relating to pistachio 

supplies, shipments, dispositions, and 

other information needed to effectively 

implement the requirements of the order 

and carry out the purposes of the Act. 

Collecting data less frequently would 

eliminate the Secretary’s ability to 

administer the order. 

Description of Respondents: Business 

or other for profit; farms. 

Number of Respondents: 920. 

Frequency of Responses: Reporting: 

On occasion; weekly; monthly; 

quarterly; annually. 

Total Burden Hours: 432. 

Agricultural Marketing Service 

Title: USDA Farmers Market 

Application. 

OMB Control Number: 0581–0229. 

Summary of Collection: The 

Agricultural Marketing Act of 1946 (7 

U.S.C. 1622(n) authorizes the Secretary 

to conduct services and to perform 

activities that will facilitate the 

marketing and utilization of agricultural 

products through commercial channels. 

The Agricultural Marketing Service 

(AMS) is authorized to implement 

established regulations and procedures 

under 7 CFR part 170 for AMS to 

operate the U.S. Department of 

Agriculture (USDA) Farmers Market, 

specify vendor criteria and selection 

procedures, and define guidelines to be 

used for governing the USDA Farmers 

Market annually. Information will be 

collected on form TM–28, ‘‘USDA 

Farmers Market Application.’’ 

Need and Use of the Information: The 

application was developed to ensure a 

uniform and fair process for deciding 

which farm operations are allowed to 

participate in the market, as well as 

ensure diversity of product for 

consumers. AMS will collect 

information to review the type of 

products available for sale and selecting 

participants for the annual market 

season. The information collected 

consists of (1) Certification that the 

applicant is the owner or a 

representative of the farm or business; 

(2) name(s), address, telephone number 

and email address; (3) farm or business 

location; (4) types of products grown; (5) 

business practices; and (6) insurance 

coverage. 

Description of Respondents: Business 

or other for-profit; farms. 

Number of Respondents: 30. 

Frequency of Responses: Reporting: 

Annually. 

Total Burden Hours: 4. 

Charlene Parker, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2011–7647 Filed 3–31–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

Privacy Act of 1974; New System of 

Records 

AGENCY: Office of the Secretary, USDA. 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Department of Agriculture (USDA) is 

proposing to add a new Forest Service 

system to its inventory of records 

systems. USDA invites public comment 

on this new records system. 

DATES: Comments must be received in 

writing, on or before May 2, 2011. This 

system will be adopted without further 

notice, on May 31, 2011, unless 

modified to respond to comments 

received from the public and published 

in a subsequent notice. 

ADDRESSES: Send written comments to 

the Forest Service Freedom of 

Information Act and Privacy Act Officer, 

USDA Forest Service, 1400 

Independence Avenue, SW., Mail Stop 

1143, Washington, DC 20250–1143. 

Comments may also be sent via e-mail 

to wo_foia@fs.fed.us, or via facsimile to 

(202) 260–3245. 

FOR FURTHER INFORMATION CONTACT: 

Sherry L. Turner, Freedom of 

Information Act and Privacy Act Officer, 

USDA Forest Service, 1400 

Independence Avenue, SW., Mailstop 

1143, Washington, DC 20250–1143, 

wo_foia@fs.fed.us, (202) 205–1542. 

Individuals who use telecommunication 

devices for the deaf (TDD) may call the 

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18146 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 

Federal Relay Service (FRS) at 1–800– 

877–8339 between 8 a.m. and 8 p.m., 

Eastern Standard time, Monday through 

Friday. 

SUPPLEMENTARY INFORMATION: 

Established in 1905, the Forest Service 

is an agency of the U.S. Department of 

Agriculture. The mission of USDA’s 

Forest Service is to sustain the health, 

diversity, and productivity of the 

Nation’s forests and grasslands that 

encompass 193 million acres of land, to 

meet the needs of present and future 

generations. 

The purpose of this system is to allow 

USDA’s Forest Service to maintain 

records for agency compliance and 

administration of the FOIA and PA 

laws. This system contains information 

on individuals who request copies of 

Forest Service records, file 

administrative appeals, request 

corrections or amendments, or file 

subsequent lawsuits under the 

provisions of the FOIA and PA. 

A report of the new system of records, 

required by 5 U.S.C. 552a(r) as 

implemented by Office of Management 

and Budget (OMB) Circular A–130, was 

sent to the Chairman, Committee on 

Homeland Security and Governmental 

Affairs, United States Senate; the 

Chairman, Committee on Oversight and 

Government Reform, U.S. House of 

Representatives; and the Administrator, 

Office of Information and Regulatory 

Affairs, OMB. 

Dated: March 18, 2011. 

Thomas J. Vilsack, 

Secretary. 

SYSTEM NAME: 

Freedom of Information Act and 

Privacy Act Files, USDA/FS–61. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

The records in this system are 

collected in a Web-based system located 

on servers in Kansas City, Kansas. Paper 

records are located at the Forest Service 

Freedom of Information Act (FOIA) and 

the Privacy Act (PA) Offices located in 

Washington, DC, as well as the FOIA 

and PA Coordination offices 

nationwide. The addresses for the 

Regions, Stations, International Institute 

for Tropical Forestry, and Forests are 

listed in 36 CFR part 200, subpart A; 

and the addresses for Districts are in the 

telephone directory of the applicable 

locality under the heading, United 

States Government, Department of 

Agriculture, Forest Service. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who request copies of 

Forest Service records, file 

administrative appeals, request 

correction or amendment, and file 

subsequent lawsuits under the 

provisions of the FOIA or PA. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

A copy of the request, appeal, request 

for correction/amendment, or 

subsequent lawsuit received including 

name, affiliation, address, telephone 

number, e-mail address; description of 

records requested, appealed, or litigated; 

copy of records that were provided or 

denied; copy of all correspondence 

related to the request to include final 

determinations; billing information to 

include payment delinquencies; case 

notes; and litigation records. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Freedom of Information Act 5 U.S.C. 

552, Privacy Act of 1974, 5 U.S.C. 552a, 

as amended. 

PURPOSE(S): 

The FOIA records are used and 

maintained by the Forest Service to 

record, control, and determine status of 

FOIA cases; and to prepare a mandatory 

annual FOIA report to the U.S. 

Department of Justice. The PA records 

are used and maintained by the Forest 

Service to record, control, and 

determine the status of requests to 

correct or amend appeals and litigation. 

Both the FOIA and PA records are used 

to produce status reports for Forest 

Service management and to serve as a 

point of reference for all events and 

documents pertinent to each case. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. Disclose to another Federal agency 

in connection with a referral or 

consultation to that agency for its views 

or decision on disclosure; or in order to 

obtain advice and recommendations 

that may be useful to the Forest Service 

in making the required determination 

under the FOIA and PA. 

2. Disclose to the Department of 

Justice when: (a) The agency or any 

component thereof; or (b) any employee 

of the agency 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 by 

careful review, the agency determines 

that the records are both relevant and 

necessary to the litigation and the use of 

such records by the Department of 

Justice is therefore deemed by the 

agency to be for a purpose that is 

compatible with the purpose for which 

the agency collected the records. 

3. Disclose to a court or adjudicative 

body in a proceeding when: (a) The 

agency or any component thereof; or (b) 

any employee of the agency in his or her 

official capacity; or (c) any employee of 

the agency in his or her individual 

capacity where the agency has agreed to 

represent the employee; or (d) the 

United States Government, is a party to 

the litigation or has an interest in such 

litigation, and by careful review, the 

agency determines that the records are 

both relevant and necessary to the 

litigation and the use of such records is 

therefore deemed by the agency to be for 

a purpose that is compatible with the 

purpose for which the agency collected 

the records. 

4. Disclose 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, local, or tribal, or other 

public authority responsible for 

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. 

5. Disclose to a Member of Congress 

or a Congressional staff member in 

response to an inquiry of the 

Congressional office made at the written 

request of the constituent about whom 

the record is maintained. 

6. Disclose to the National Archives 

and Records Administration or to the 

General Services Administration for 

records management inspections 

conducted under 44 U.S.C. 2904 and 

2906. 

7. Disclose to agency contractors, 

grantees, experts, consultants, or 

volunteers who have been engaged by 

the agency 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. Recipients shall be required to 

comply with the requirements of the 

Privacy Act of 1974, as amended, 

pursuant to 5 U.S.C. 552a(m). 

8. Disclose to appropriate agencies, 

entities, and persons when: (1) The 

Department suspects or has confirmed 

that the security or confidentiality of 

information in the system of records has 

been compromised; (2) the Department 

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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 18147 

has determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the compromised 

information; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the Department’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

All electronic information is 

maintained in a web-based database and 

stored on secured servers in Kansas 

City, Kansas. Hard copy records are 

retrieved by name and unique request 

identification number in locked file 

cabinets in secured office buildings. 

RETRIEVABILITY: 

Electronic records are indexed and 

retrieved electronically using multiple 

queries including name and unique 

request identification number, or other 

criteria. Hard copy records are retrieved 

by name of the requester and unique 

request identification number. 

SAFEGUARDS: 

All electronic information is 

maintained in a secure, passwordprotected, web-based database and 

stored on secured servers in Kansas 

City, Kansas. Hard copy records are 

maintained in locked file cabinets in 

secured office buildings. Only 

specifically authorized individuals can 

access the information. 

RETENTION AND DISPOSAL: 

All electronic and hard copy records 

are maintained under file code 6270 and 

retained and disposed of in accordance 

with the appropriate General Records 

Schedules of the National Archives and 

Records Administration. Electronic 

records are deleted, and paper records 

are shredded and destroyed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Freedom of Information Act and 

Privacy Act Officer, USDA Forest 

Service, 1400 Independence Avenue, 

SW., Mailstop 1143, Washington, DC, 

20250–1143, wo_foia@fs.fed.us, (202) 

205–1542. 

NOTIFICATION PROCEDURE: 

Any individual may request 

information regarding this system of 

records or information as to whether the 

system contains records pertaining to 

him or her from the system manager 

listed above. The request should be in 

writing and should contain the name 

and address of the requester. 

RECORD ACCESS PROCEDURES: 

Use the same procedures as those 

prescribed in Notification procedures. 

CONTESTING RECORD PROCEDURES: 

Use the same procedures as those 

described in Notification procedures. 

RECORD SOURCE CATEGORIES: 

Individuals who submit requests for 

information pursuant to the FOIA and 

PA, the agency records obtained in the 

process of responding to such requests 

and appeals, and Forest Service 

personnel who handle such requests 

and appeals. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

U.S. Department of Agriculture; Privacy 

Act System of Records; Freedom of 

Information Act and Privacy Act Case 

Files USDA/FS–61; Narrative Statement 

The purpose of the proposed system 

is to provide the United States 

Department of Agriculture’s (USDA) 

Forest Service (FS) the capability to 

record, control, and determine the status 

of Freedom of Information Act (FOIA) 

and Privacy Act (PA) cases, and to 

prepare a mandatory annual FOIA 

report to the U.S. Department of Justice. 

The FOIA and PA Case files are 

managed by the Office of Regulatory and 

Management Services Freedom of 

Information Act/Privacy Act staff. The 

Forest Service is the administrative 

agency for this system. 

The authority for maintaining this 

system of records is the Freedom of 

Information Act, 5 U.S.C. 552; and the 

Privacy Act of 1974, 5 U.S.C. 552a, as 

amended. 

The information gathered is 

voluntarily submitted by individuals 

who request agency records pursuant to 

the FOIA and PA. The system of records 

consists of a copy of the request, appeal, 

request for correction/amendment, or 

subsequent lawsuit received; a 

description of the records requested, 

appealed, or litigated; a copy of records 

that were provided or denied; a copy of 

all correspondence related to the case to 

include final determinations; billing 

information to include payment 

delinquencies; and case notes. 

Information collected includes the 

individual’s name, address, telephone 

number, and email address. 

The records will be accessible only to 

authorized agency personnel who need 

to view the information in order to 

conduct their assigned duties. All 

electronic information is maintained by 

the Forest Service in a web-based 

database and stored on secured servers 

in Kansas City, Kansas. Hard copy 

records are retrieved by name and 

unique request identification number in 

lockable file cabinets in office buildings 

that require USDA employee 

identification badges or visitors passes 

to enter. 

The system provides for the following 

routine use disclosures that are 

necessary and proper for the agency’s 

administration of its duties in 

connection with the operation of the 

FOIA/PA program: in connection with a 

referral or consultation with another 

agency; in connection with litigation; 

for law enforcement purposes; for 

responses to Congressional inquiries; to 

the National Archives and Records 

Administration and the General 

Services Administration for records 

inspections; on a limited basis to 

entities engaged by the agency in the 

performance of a service; and in 

connection with information security 

breaches in order to protect the interests 

of the individuals covered by the 

system. While these routine uses allow 

disclosures outside USDA, and so have 

some impact on privacy of individuals, 

they are either necessary for carrying 

out the agency mission and minimizing 

waste, fraud, and abuse, are required by 

law, or benefit the subjects of the 

records. On balance, the needs of the 

agency and the benefits to the 

individuals of these disclosures justify 

the minimal impact on privacy. 

The system of records is not exempt 

from any provisions of the Privacy Act. 

[FR Doc. 2011–7724 Filed 3–31–11; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Doc. No. AMS–TM–11–0029; TM–11–02] 

Notice of Request for Approval of a 

New Information Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35), this notice 

announces the Agricultural Marketing 

Service’s (AMS) intention to request 

approval, from the Office of 

Management and Budget, for a new 

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