This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

57254

Vol. 69, No. 185

Friday, September 24, 2004

DEPARTMENT OF AGRICULTURE 

National Appeals Division; Notice of 

Modification of Privacy Act System of 

Records

AGENCY: National Appeals Division 

(NAD), USDA.

ACTION: Notice of modified privacy act 

system of records. 

SUMMARY: Notice is hereby given that 

USDA proposes to alter the routine uses 

of two Privacy Act system of records, 

USDA/NAD–1, entitled ‘‘Participant 

Appeals, USDA/NAD’’ and USDA/

NAD–2, entitled ‘‘National Appeals 

Division Tracking System (Automated), 

USDA/NAD’’ to allow for publication of 

NAD Hearing Officer and Director 

determinations on the Internet. In 

addition, NAD is announcing its 

intention to withhold certain limited 

information contained in these 

published decisions.

DATES: This notice will be adopted 

without further publication in the 

Federal Register on October 25, 2004, 

unless modified by a subsequent notice 

to incorporate comments received from 

the public. Although the Privacy Act 

requires only that the portion of the 

system that describes the ‘‘routine uses’’ 

of the system be published for comment, 

USDA invites comment on all portions 

of this notice. The contact person listed 

below must receive comments on or 

before October 25, 2004.

FOR FURTHER INFORMATION CONTACT: Ann 

Griffin, Special Assistant to the Director, 

National Appeals Division, USDA, 3101 

Park Center Drive, Suite 1100, 

Alexandria, Virginia 22302, 

ann.m.griffin@usda.gov. (703) 305–

1157.

SUPPLEMENTARY INFORMATION: Pursuant 

to the Privacy Act, 5 U.S.C. 552a, USDA 

is modifying two systems of records that 

are maintained by the National Appeals 

Division (NAD). The notice announcing 

the creation of the two systems of 

records appeared in the Federal 

Register on October 30, 1996, at 61 FR 

55952. The purpose of this notice is to 

amend the routine uses of the systems 

to allow for publication of Hearing 

Officer and Director review 

determinations on the Internet. We plan 

to delete personal and location 

identifiers from determinations prior to 

publication on the Internet. NAD 

specifically invites comments on 

whether such redactions are sufficient 

to protect the privacy of program 

participants and, if not, the types of 

information that the public believes 

should be redacted from those 

determinations prior to publication. For 

example, NAD records may contain 

financial or other information the 

release of which could cause an 

unwarranted invasion of personal 

privacy. However, NAD believes 

removing personal and location 

identifiers prior to publication 

adequately balances the privacy of 

parties before NAD with the interest that 

determinations be made publicly 

available on the Internet. Modified 

Privacy Act notices are reproduced 

below.

USDA/NAD–1

SYSTEM NAME: 

Participant Appeals, USDA/National 

Appeals Division (NAD). 

SYSTEM LOCATION: 

National Appeals Division, Regional 

Offices: Eastern Regional Office, 8909 

Purdue Road, Suite 240, Indianapolis, 

Indiana 46268; Southern Regional 

Office, 777 Walnut Grove Road, Suite 

LLB–1, Memphis, Tennessee 38088; 755 

Parfet Street, Suite 494, Lakewood, 

Colorado 80215. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Program participants who file an 

appeal because of a covered adverse 

decision by a covered Agency: Farm 

Service Agency, including a State, 

County, or area committee established 

under section 8(b)(5) of the Soil 

Conservation and Domestic Allotment 

Act (16 U.S.C. 5901(b)(5)), the 

Commodity Credit Corporation, the 

Natural Resource Conservation Service, 

the Federal Crop Insurance Corporation, 

the Risk Management Agency, the Rural 

Business-Cooperative Service, the Rural 

Housing Service, or the Rural Utilities 

Service. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system consists of complete files 

on appeals, including materials 

maintained and submitted by an Agency 

related to an adverse decision; any 

information, correspondence, or 

documentation submitted by an 

Appellant or the Agency during the 

appeals process; and any statements of 

witnesses, tape recordings, or written 

transcripts of the hearings. Unless 

specifically requested, written transcript 

is not normally prepared. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

7 U.S.C. 6991, et seq.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES: 

USDA will disclose records in this 

system: (1) To the appropriate Agency, 

whether Federal, State, local, or foreign, 

charged with the responsibility of 

investigating or prosecuting a violation 

of law, or of enforcing or implementing 

a statute, rule, regulation, or order 

issued pursuant thereto, when 

information available indicates a 

violation or potential violation of law, 

whether civil, criminal or regulatory in 

nature, and whether arising by general 

statute, or by rule, regulation, or order 

issued pursuant thereto; (2) to a court, 

magistrate, or administrative tribunal, or 

to opposing counsel, in a proceeding 

before any of the above, for purposes of 

filing the official administrative record 

on discovery, which are relevant to the 

subject of the proceeding; (3) to a 

congressional office from the record of 

an individual in response to an inquiry 

from the congressional office at the 

request of that individual; and (4) to the 

public, for educational purposes, when 

determinations signed by NAD Hearing 

Officers or the NAD Director are 

published either in paper format or 

electronically on the NAD Web site, the 

current address of which is http://

www.nad.usda.gov. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in file folders. 

RETRIEVABILITY: 

Records can be accessed by individual 

name, NAD log number, and State.

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Notices 57255

SAFEGUARDS: 

Records are kept in offices attended 

by authorized personnel. Retention and 

disposal: Maintained six (6) years after 

the case is closed. 

SYSTEM MANAGER(S): 

Director, NAD, USDA, 3102 Park 

Center Drive, Suite 1100, Alexandria, 

Virginia 22302, telephone number (703) 

305–2708. Notification procedure: An 

individual may request information as 

to whether the system contains records 

pertaining to him or her from Larry 

Shrum, External Affairs Officer, NAD, 

USDA, 3101 Park Center Drive, Suite 

1120, Alexandria, Virginia 22302, 

larry.shrum@usda.gov, telephone 

number (703) 305–1164. A request for 

information pertaining to an individual 

should contain the requester’s full 

name, address, and zip code.

RECORD ACCESS PROCEDURES: 

Any individual may obtain 

information as to procedures for gaining 

access to and contesting the record in 

the system which pertains to him or her 

by submitting a written request to the 

appropriate official referred to in the 

proceeding paragraph. 

CONTESTING RECORD PROCEDURES: 

Same as notification procedure. (The 

regulations for contesting contents of 

records and appealing initial 

determinations are set forth at 7 CFR 

1.110–1.123.) 

RECORD SOURCE CATEGORIES: 

Records in this system come primarily 

from Appellants, witnesses, and Agency 

personnel. 

System exempted from certain 

provisions of the Act: No. 

USDA/NAD–2 

SYSTEM NAME: 

National Appeals Division Tracking 

System (Automated), USDA/National 

Appeals Division (NAD). 

SYSTEM LOCATION: 

Management Field Office, USDA, and 

8930 Ward Parkway, Kansas City, 

Missouri 64114. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Program participants who file an 

appeal because of a covered adverse 

decision by a covered Agency: Farm 

Service Agency, including a State, 

County, or area committee established 

under section 8(b)(5) of the Soil 

Conservation and Domestic Allotment 

Act (16 U.S.C. 5901 (b)(5), the 

Commodity Credit Corporation, the 

Natural Resource Conservation Service, 

the Federal Crop Insurance Corporation, 

the Risk Management Agency, the Rural 

Business-Cooperative Service, the Rural 

Housing Service, or the Rural Utilities 

Service. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

7 U.S.C. 6991 et seq. Routine uses of 

records maintained in the system, 

including categories of users and the 

purposes of such uses: USDA will 

disclose records in this system: (1) To 

the appropriate Agency, whether 

Federal, State, local or foreign, charged 

with the responsibility of investigating 

or prosecuting a violation of law, or of 

enforcing or implementing the statute, 

rule, regulation or order issued pursuant 

thereto, when information available 

indicates a violation or potential 

violation of law, whether civil, criminal, 

or regulatory in nature, and whether 

arising by general statute, or by rule, 

regulation, or order issued pursuant 

thereto; (2) to a court, magistrate, or 

administrative tribunal, or to opposing 

counsel, in a proceeding before any of 

the above, which are sought in the 

course of discovery and which are 

relevant to the subject matter of the 

proceedings; (3) to a congressional office 

from the record of an individual in 

response to an inquiry from the 

congressional office at the request of 

that individual; and (4) to the public, for 

educational purposes, when 

determinations signed by NAD Hearing 

Officers or the NAD Director are 

published either in paper format or 

electronically on the NAD Web site, the 

current address of which is http://

www.nad.usda.gov. 

Policies and practices for storing, 

retrieving, accessing, retaining, and 

disposing of records in the system: 

STORAGE: 

National Computer Center, Kansas 

City Security Staff uses multiple storage 

devices with full backup facilities; 

including both on-site and off-site 

storage and distant hot-site facilities. 

RETRIEVABILITY: 

Records are indexed by Appellant 

name, NAD log number, State, and the 

name of the assigned Hearing Officer. 

SAFEGUARDS: 

Computer Associates Access Control 

Facility software controls that may use 

computer resources and protects data 

from accidental or deliberate 

destruction, modification, disclosure 

and misuse. Computer Associates 

Access Control Facility is maintained 

and used solely by members of the 

National Computer Center, Kansas City 

Security Staff. 

RETENTION AND DISPOSAL: 

Records are kept indefinitely. 

SYSTEM MANAGER(S) AND ADDRESS: 

System Security Administration, 

Information Systems Security Staff, 

2350 Market Street, St. Louis, Missouri 

63103. 

NOTIFICATION PROCEDURE: 

An individual may request 

information as to whether the system 

contains records pertaining to him or 

her from Larry Shrum, External Affairs 

Officer, NAD, USDA, 3101 Park Center 

Drive, Suite 1120, Alexandria, Virginia 

22302. larry.shrum@usda.gov, telephone 

number (703) 305–1164. A request for 

information pertaining to an individual 

should contain the requester’s full 

name, address, and zip code. 

RECORD ACCESS PROCEDURES: 

Any individual may obtain 

information as to the procedures for 

gaining access to and contesting a 

record in the system which pertains to 

him or her by submitting a written 

request to the appropriate official 

referred to in the proceeding paragraph. 

RECORD SOURCE CATEGORIES: 

Records in this system come primarily 

from data entered by Regional offices 

maintaining appeal records on the 

program participant. Information in 

these records is obtained from 

Appellants and Agency decision 

makers. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

No.

Dated: September 21, 2004. 

Roger Klurfeld, 

Director, National Appeals Division.

[FR Doc. 04–21490 Filed 9–23–04; 8:45 am] 

BILLING CODE 3410–WY–P

DEPARTMENT OF AGRICULTURE

Agricultural Research Service 

Notice of Intent To Seek Approval To 

Collect Information

AGENCY: Agricultural Research Service, 

USDA.

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 3) and the Office of 

Management and Budget (OMB) 

regulations at 5 CFR part 1320, this 

notice announces the Agricultural 

Research Service’s (ARS) intent to seek 

input on the impact of the Animal