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

78203 

Vol. 75, No. 240 

Wednesday, December 15, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Docket No. AMS–FV–09–0034; FV–09–707] 

Privacy Act of 1974: New System of 

Records 

AGENCY: USDA, Agricultural Marketing 

Service. 

ACTION: Notice of a new system of 

records for information collected 

pursuant to the operation and 

enforcement of Research and Promotion 

programs. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Agricultural Marketing Service (AMS) 

proposes to add a system of records to 

its inventory of records systems. The 

system of record will cover information 

collected under Research and Promotion 

programs in AMS. This notice is 

necessary to meet the requirements of 

the Privacy Act to publish in the 

Federal Register notice of the existence 

and character of record systems 

maintained by the agency. Although the 

Privacy Act requires only that the 

portion of the system that describes 

‘‘routine uses’’ of the system be 

published for comment, we invite 

comment on all portions of this notice. 

AMS Research and Promotion branches 

and its components and offices have 

relied on preexisting Privacy Act system 

of records notices for the collection and 

maintenance of records that pertain to 

research and promotion program 

management. 

DATES: The established system of 

records will be effective February 14, 

2011 unless comments are received that 

would result in a contrary 

determination. Written comments must 

be submitted on or before January 14, 

2011. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the Internet at http://www.regulations.

gov or to Kimberly Coy, Marketing 

Specialist, Research and Promotion 

Branch, FV, AMS, USDA, Stop 0244, 

Room 0634–S, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0244; telephone (202) 720–9915 or (888) 

720–9917 (toll free) or e-mail kimberly.

coy@ams.usda.gov. 

All comments received must include 

the agency name and docket number for 

this notice. All comments received will 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. For 

access to the docket to read background 

documents or comments received, go to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Kimberly Coy, Marketing Specialist, 

Research and Promotion Branch, FV, 

AMS, USDA, Stop 0244, Room 0634–S, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244; telephone 

(202) 720–9915 or (888) 720–9917 (toll 

free) or e-mail kimberly.coy@ams.usda.

gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Agriculture 

(USDA), through AMS, helps the 

agricultural industries develop and 

expand domestic and international 

markets for their commodities through 

self-help programs that conduct 

research and promotion activities. There 

are currently 18 Research and 

Promotion programs in AMS. AMS 

exercises its authority and oversight of 

these Research and Promotion programs 

on specific domestic and imported 

agricultural commodities. As part of its 

authority and oversight role of various 

Research and Promotion programs, AMS 

requires information and data relating to 

the production and the importation of 

those products and commodities that 

fall within its authority. Part of this 

information is maintained by U.S. 

Customs and Border Protection (CBP) in 

the Automated Commercial 

Environment (ACE). In support of these 

requirements, CBP through ACE collects 

and transmits the identified information 

as it relates to the import of various 

agricultural commodities and products. 

AMS agrees that the information 

obtained from CBP will only be used for 

the purposes of implementing AMS 

laws and regulations, including using 

this data for regulatory enforcement 

actions brought in USDA administrative 

proceedings and/or Federal courts, 

preparing and releasing summary and 

statistical market news reports on 

agricultural commodities and related 

products, verification of payment of 

assessments, and referendum 

procedures. However, any further 

dissemination not expressly identified 

here will not occur without the express 

written permission of CBP. AMS further 

agrees that any request pursuant to the 

FOIA (5 U.S.C. 552) for CBP information 

transferred to AMS will be sent to CBP 

by secure connectivity for response. The 

information will be reviewed only by 

authorized AMS personnel on a roll 

base and a need-to-know basis and will 

be kept secure. 

In regards to the information collected 

from domestic production, AMS and the 

commodity boards or councils maintain 

such confidential information as 

required under the specific statutes and 

government policies relating to 

confidential information. 

While an order issued under the 

review and guidance of AMS is in effect 

with respect to an agricultural 

commodity, assessments shall be paid 

by producers, first handlers, or others in 

the marketing chain with respect to the 

agricultural commodity produced and 

marketed in the United States and paid 

by importers with respect to the 

agricultural commodity imported into 

the United States, if the imported 

agricultural commodity is covered by 

the order. Assessments required under 

an order shall be remitted to the board 

established under the order at the time 

and in the manner prescribed by the 

order. Late-payment and interest 

charges may be levied on each person 

subject to an order who fails to remit an 

assessment. The rate for the charges 

shall be specified by the Secretary. The 

board/council, with the approval of the 

Secretary, may enter into agreements 

authorizing other organizations to 

collect assessments and possibly 

personally identifiable information in 

its behalf. Any such organization shall 

be required to maintain the 

confidentiality of such information as is 

required by the board/council for 

collection purposes. Persons failing to 

remit total assessments due in a timely 

manner may also be subject to actions 

under Federal debt collection 

procedures. In order to verify that 

assessments are indeed required to be 


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paid, and if so, that assessments 

required are considered late, the 

Department must collect information 

from the board/council as well as the 

assessment payer. 

Each order shall establish a board/ 

council to carry out a program of generic 

promotion, research, and information 

regarding the agricultural commodity 

covered by the order. Each board shall 

consist of the number of members as 

established by the order for each 

specific commodity. In addition to 

members, the Secretary may also 

provide for alternates on the board. The 

Secretary shall appoint the members 

and any alternates of a board from 

among producers of the agricultural 

commodity and first handlers and 

others in the marketing chain as 

appropriate. If imports of the 

agricultural commodity covered by an 

order are subject to assessment, the 

Secretary shall also appoint importers as 

members of the board and as alternates, 

if alternates are included on the board. 

The Secretary may appoint one or more 

members of the general public to each 

board. The Secretary may make 

appointments from nominations made 

pursuant to the method set forth in each 

commodity’s respective order. In order 

to nominate members to the board, the 

department must collect information to 

verify identity and eligibility to serve on 

the boards/councils. 

AMS Research and Promotion 

branches and its components and offices 

have relied on preexisting Privacy Act 

system of records notices for the 

collection and maintenance of records 

that pertain to research and promotion 

program management. 

As part of its efforts to streamline and 

consolidate its Privacy Act record 

systems, AMS is establishing a new 

Research and Promotion program-wide 

system of records under the Privacy Act 

(5 U.S.C. 552a) for research and 

promotion records management. This 

will ensure that all AMS Research and 

Promotion branches follow the same 

privacy rules for collecting and 

handling individuals’ security 

management records. 

II. Privacy Act 

The Privacy Act of 1974, as amended 

(5 U.S.C. 552a) requires agencies to 

publish in the Federal Register any 

notice of a new or revised system of 

records maintained by the agency. A 

system of records is a group of any 

records under the control of any agency, 

from which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to an 

individual. The Privacy Act embodies 

fair information practice principles in a 

statutory framework governing the 

means by which the United States 

Government collects, maintains, uses, 

and disseminates personally identifiable 

information. In the Privacy Act, an 

individual is defined to encompass 

United States citizens and legal 

permanent residents. As a matter of 

policy, AMS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. Individuals may request their 

own records that are maintained in a 

system of records in the possession or 

under the control of AMS by complying 

with AMS Privacy Act regulations. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency recordkeeping 

practices transparent, to notify 

individuals regarding the uses to which 

personally identifiable information is 

put, and to assist individuals to more 

easily find such files within the agency. 

Below is a description of the USDA 

Research and Promotion Programs 

System of Records Notice. 

SYSTEM NUMBER: 

USDA/AMS–12 

SYSTEM NAME: 

USDA/Research and Promotion 

Programs Information Retrieval (RPPIR) 

(New) 

SECURITY CLASSIFICATION: 

Unclassified, sensitive, for official use 

only, and classified. 

SYSTEM LOCATION: 

Records are maintained at several 

USDA Headquarters locations and in 

Research and Promotion Boards or 

Councils offices in the USDA, 

Agricultural Marketing Service, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0244, and in 

field locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: (1) All Research 

and Promotion Board or Council 

nominees including, but not limited to: 

Producers, handlers, importers, foreign 

producers, and at-large members; (2) 

importers that are self-proprietors and 

maintain a valid Customs importer 

number; (3) all individuals covered by 

a Research and Promotion program 

under AMS supervision; (4) individuals 

who are regulated by the subject Acts 

and Regulations who may be 

investigated for possible violations; 

including customers, producers, 

handlers, importers, plant operators, 

farmers, licenses, inspectors, graders, 

weighers, classers, collaborators, agents, 

appointees, samplers, and other nonFederal employees; and (5) any other 

individuals involved in a review or 

investigation as an alleged violator. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system consists of investigatory 

material which may include intra- and 

interdepartmental recommendations 

pertaining to an alleged violation of the 

subject Acts. It may include name, 

social security number, tax 

identification number, employment 

history, performance ratings, criminal 

history, financial information, 

background information, biographical 

data, customs operations, license files, 

bond records, commodity information, 

power of attorney, and case file 

information. The case file contains 

evidence gathered in the course of the 

review or investigations. The system 

will also contain the following records: 

• Records relating to nominations to 

the board/council including, but not 

limited to: 

Æ Individual’s name; 

Æ Social Security number; 

Æ Date of birth; 

Æ Address; 

Æ Employment information; 

Æ Professional affiliation(s); 

Æ Education; 

Æ Tax Identification Number; 

Æ Income sources for amounts over 

$10,000; and 

Æ Criminal history. 

• Records relating to compliance 

including, but not limited to: 

Æ The total quantity of commodity 

acquired during the reporting period; 

Æ Total quantity handled during the 

period; 

Æ The total quantity for sale from the 

first handler’s own production; 

Æ The quantity purchased from a first 

handler or importer responsible for 

paying the assessment; 

Æ The date assessment payments 

were made; and 

Æ The first handler’s tax 

identification number. 

Æ For importers, the information may 

include: The total quantity imported 

during such reporting period; 

Æ A record of each lot imported 

during the reporting period including 

quantity, date, country of origin, and 

port of entry; and 

Æ The importer of record tax 

identification number. 

• Records relating to customs 

include, but not limited to: 


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Æ Importer Number (tax 

identification number, Duns number, 

etc.) 

Æ Importer name and address (need 

physical address) 

Æ Importer contact name, phone 

Æ Country 

Æ Port 

Æ Collection date 

Æ Trans number 

Æ Terminal ID 

Æ Collection type 

Æ Document number 

Æ Quantity (volume) 

Æ Harmonized Tariff Schedule Code 

Æ Assessment collected 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Privacy Act of 1974, as amended, 5 

U.S.C. 552a; Commodity Promotion, 

Research, and Information Act of 1996 

(7 U.S.C. 7411–7425) (Blueberries, 

Honey Packers and Importers, Lamb, 

Mangos, Peanuts, Sorghum, and other 

laws, statutes, regulations or orders as 

designated), Beef Research and 

Promotion Act (7 U.S.C. 2901–2911), 

Cotton Research and Promotion Act (7 

U.S.C. 2101–2118), Dairy Production 

Stabilization Act of 1983 (7 U.S.C. 

4501–4514), Egg Research and 

Consumer Information Act of 1974 (7 

U.S.C. 2701–2718), Fluid Milk 

Promotion Act of 1990 (7 U.S.C. 6401– 

6417), Hass Avocado Promotion, 

Research, and Information Act of 2000 

(7 U.S.C. 7801–7813), Mushroom 

Promotion, Research, and Consumer 

Information Act of 1990 (7 U.S.C. 6101– 

6112), Popcorn Promotion, Research, 

and Consumer Information Act (7 U.S.C. 

7481–7491), Pork Promotion, Research, 

and Consumer Information Act of 1985 

(7 U.S.C. 4801–4819), Potato Research 

and Promotion Act (7 U.S.C. 2611– 

2627), Soybean Promotion, Research, 

and Consumer Information Act of 1990 

(7 U.S.C. 6301–6311), Watermelon 

Research and Promotion Act (7 U.S.C. 

4901–4916), 7 CFR Parts 1150, 1160, 

1205, 1206, 1207, 1209, 1210, 1212, 

1215, 1216, 1218, 1219, 1220, 1221, 

1230, 1250, 1260, 1280, and all the 

various agricultural products and 

commodities in which AMS Research 

and Promotion has present or future 

statutory or regulatory interest. 

PURPOSE: 

The purpose of this system is to 

maintain the information to verify the 

eligibility of persons nominated to 

positions to the commodity boards as 

well as to verify the eligibility of 

persons applying for exemptions or 

credit of assessments. The system also 

permits AMS to use CBP ACE DATA to 

ensure compliance with AMS laws and 

regulations, and publicly disseminate in 

aggregate form daily market information 

for various individual agricultural 

commodities and related products. This 

system also allows the collection of 

information related to all AMS Research 

and Promotion programs for referendum 

purposes and for compliance cases to 

ensure compliance with AMS laws and 

regulations. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. Routine use for disclosure to the 

Department of Justice for use in 

litigation: 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; (c) 

any employee of the agency in his or her 

individual capacity where the agency or 

the Department of Justice has agreed to 

represent the employee; or (d) 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. 

2. Routine use for disclosure to 

adjudicative body in litigation: 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 

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. 

3. Routine use for law enforcement 

purposes: 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, 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. 

4. Routine use for disclosure to a 

Member of Congress at the request of a 

constituent: To a Member of Congress or 

to 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. 

5. Routine use for disclosure to 

National Archives and Records 

Administration (NARA): Records from 

this system of records may be disclosed 

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. 

6. Routine use for disclosure to 

contractors under section (m): 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). 

7. Routine use to HHS parent locator 

system for finding parents who don’t 

pay child support: The name and 

current address of record of an 

individual may be disclosed from this 

system of records to the parent locator 

service of the Department of HHS or 

authorized persons defined by Public 

Law 93–647. 42 U.S.C. 653 

8. Routine use for use in nominations, 

employment, clearances, licensing, 

contract, grant or other benefits 

decisions by the agency: Disclosure may 

be made to Federal, State, local or 

foreign agency maintaining civil, 

criminal, or other relevant enforcement 

records, or other pertinent records, or to 

another public authority or professional 

organization, if necessary to obtain 

information relevant to an investigation 

concerning the nomination of a board or 

council member, retention of an 

employee or other personnel action 

(other than hiring), the retention of a 

security clearance, the letting of a 

contract, or the issuance or retention of 

a grant, or other benefit. 

9. For use in nominations, 

employment, clearances, licensing, 

contract, grant or other benefit decisions 

by other than the agency: Disclosure 


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may be made to a Federal, State, local, 

foreign, or tribal or other public 

authority the fact that this system of 

records contains information relevant to 

the nomination of a board or council 

member, retention of an employee, the 

retention of a security clearance, the 

letting of a contract, or the issuance or 

retention of a license, grant, or other 

benefit. The other agency or licensing 

organization may then make a request 

supported by the written consent of the 

individual for the entire record if it so 

chooses. No disclosure will be made 

unless the information has been 

determined to be sufficiently reliable to 

support a referral to another office 

within the agency or to another Federal 

agency for criminal, civil, 

administrative, personnel, or regulatory 

action. 

10. MANDATORY Routine Use— 

information security breaches: To 

appropriate agencies, entities, and 

persons when: (a) [the agency] suspects 

or has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) the Department 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 (c) 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. 

11. To comply with FFATA and 

similar statutory requirements for public 

disclosure in situations where records 

reflect loans, grants, or other payments 

to members of the public: USDA will 

disclose information about individuals 

from this system of records in 

accordance with the Federal Funding 

Accountability and Transparency Act of 

2006 (Pub. L. 109–282; codified at 31 

U.S.C. 6101, et seq.); section 204 of the 

E-Government Act of 2002 (Pub. L. 

107B347; 44 U.S.C. 3501 note), and the 

Office of Federal Procurement Policy 

Act (41 U.S.C. 403 et seq.), or similar 

statutes requiring agencies to make 

available publicly, information 

concerning Federal financial assistance, 

including grants, sub-grants, loan 

awards, cooperative agreements and 

other financial assistance; and contracts, 

subcontracts, purchase orders, task 

orders, and delivery orders. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

To a ‘‘consumer reporting agency’’ as 

defined in the Fair Credit Reporting Act 

(12 U.S.C. 1681a(f) or the Federal 

Claims Collection Reporting Act of 1966 

(15 U.S.C. 3701(a)(3) in accordance with 

section 3711(f) of Title 31. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are stored in paper and 

electronic format. 

RETRIEVABILITY: 

Records are retrieved by individual’s 

name or other unique identifier. 

SAFEGUARDS: 

All records containing personal 

information are maintained in secured 

file cabinets or in restricted areas, in 

which access is limited to authorized 

personnel. Access to computerized data 

is password-protected and under the 

responsibility of the system manager 

and subordinates. The database 

administrator has the ability to review 

audit trails, thereby permitting regular 

ad hoc monitoring of computer usage. 

RETENTION AND DISPOSAL: 

Records are maintained for a period of 

5 years, as required by 7 CFR part 6. The 

records are then destroyed in 

accordance with USDA procedures. 

SYSTEM MANAGER AND ADDRESS: 

A System Manager manages the 

system for each of the following AMS 

Programs: Cotton and Tobacco, Dairy, 

Fruit and Vegetable, Livestock and 

Seed, Poultry, Science and Technology, 

Transportation and Marketing, 

Compliance and Analysis Offices, and 

the Information Technology Services 

Program. For general information, you 

may contact Douglas Bailey, Chief, 

Information Technology, USDA/ST/IT/ 

OCIO, Mail Stop 1742, 1400 

Independence Avenue, SW., 

Washington, DC 20250–1064. 

NOTIFICATION PROCEDURE: 

Any individual may request 

information concerning himself/herself 

from this system from the Office of the 

System Manager having custody of his 

records at the system location. 

Individuals seeking notification to 

access any record contained in this 

system of records, or seeking to contest 

its contents may submit a request in 

writing to Douglas C. Bailey, Chief 

Information Officer, Department of 

Agriculture, Agricultural Marketing 

Service, Mail Stop 0244, Room 1752–S, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records, your 

request must conform to the Privacy Act 

regulations set forth in 7 CFR part 1. 

You must first verify your identity, 

meaning that you must provide your full 

name, current address, and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain more information for this 

purpose from the Privacy Act Officer, 

FOIA, http://www.da.usda.gov/foia.htm, 

or (202) 720–2498. In addition you 

should provide the following: 

• An explanation of why you believe 

the Department would have information 

on you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

record would have been created; 

• Provide any other information that 

will help the FOIA staff determine 

which AMS component agency may 

have responsive records; 

If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his or her 

agreement for you to access his or her 

records. 

Without complete information, the 

component(s) will not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORDS ACCESS PROCEDURE: 

See the ‘‘Notification Procedure’’ 

above. 

CONTESTING RECORD PROCEDURES: 

See the ‘‘Notification Procedure’’ 

above. 

RECORD SOURCE CATEGORIES: 

These records contain information 

obtained from the individual who is the 

subject of these records and from CBP 

and information the individual 

provided to CBP. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to 5 U.S.C. 552a(k)(2), 

material in this system of records is 

exempt from the requirements of 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f) because it consists 

of investigatory material compiled for 

law enforcement purposes 7 CFR 1.123. 


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5 U.S.C. 552a(d) requires that an 

individual be given access to, and the 

right to, amend files pertaining to him 

or her. Individual access to these files 

could impair investigations in progress 

and alert subjects involved in the 

investigations that their actions are 

under scrutiny, which may allow them 

the opportunity to alter their actions or 

prevent detection of any illegal actions 

to escape prosecution. Release of these 

records would also disclose 

investigative techniques and procedures 

employed by AMS and other agencies, 

which would hamper law enforcement 

activities. 

5 U.S.C. 552a(c)(3) requires that an 

accounting of disclosures be made 

available to an individual. This would 

impair investigations by alerting 

subjects of investigations to the 

existence of those investigations. 

Release of the information could result 

in the altering or destruction of 

documentary evidence, improper 

influencing of witnesses, and other 

activities that could impede or 

compromise the investigation. 5 U.S.C. 

552a(e)(1) requires that only such 

information as is relevant and necessary 

to accomplish a purpose of the agency 

required by statute or Executive Order 

can be maintained. Exemption from this 

provision is required because relevance 

and necessity can be determined only 

after information is evaluated. 

Evaluation at the time of collection is 

too consuming for the efficient conduct 

of an investigation. Further, determining 

relevance or necessity of specific 

information in the early stages of an 

investigation is not possible. 

5 U.S.C. 552a(e)(4)(G) and (H), and (f) 

provides for notification and access 

procedures. These requirements, if 

followed, would necessarily alert 

subjects of investigations to the 

existence of the investigation which 

could impair the investigation. Access 

to the records likewise could interfere 

with investigative and enforcement 

proceedings; disclose confidential 

informants and information; constitute 

an unwarranted invasion of personal 

privacy of others; and reveal 

confidential investigative techniques 

and procedures. 

5 U.S.C. 552a(e)(4)(I), requires that 

categories of sources of records in each 

system be published. Application of this 

provision could disclose investigative 

techniques and procedures and cause 

sources to refrain from giving such 

information because of fear of reprisal, 

or fear of breach of promises of 

anonymity and confidentially. This 

would compromise the ability to 

conduct investigations. 

Dated: December 8, 2010. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. 2010–31400 Filed 12–14–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0104] 

Notice of Availability of a Pest Risk 

Analysis for the Importation of Fresh 

Rambutan Fruit (Nephelium 

lappaceum) From Malaysia and 

Vietnam 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that we have prepared a pest risk 

analysis that evaluates the risks 

associated with the importation into the 

continental United States of fresh 

rambutan fruit (Nephelium lappaceum) 

from Malaysia and Vietnam. Based on 

this analysis, we believe that the 

application of one or more designated 

phytosanitary measures will be 

sufficient to mitigate the risks of 

introducing or disseminating plant pests 

or noxious weeds via the importation of 

fresh rambutan fruit from Malaysia and 

Vietnam. We are making the pest risk 

analysis available to the public for 

review and comment. 

DATES: We will consider all comments 

that we receive on or before February 

14, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2010-0104 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0104, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2010–0104. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 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) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits, and 

Import Manuals, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1231; (301) 734–0754. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart— 

Fruits and Vegetables’’ (7 CFR 319.56–1 

through 319.56–50, referred to below as 

the regulations), the Animal and Plant 

Health Inspection Service (APHIS) of 

the U.S. Department of Agriculture 

prohibits or restricts the importation of 

fruits and vegetables into the United 

States from certain parts of the world to 

prevent plant pests from being 

introduced into and spread within the 

United States. 

Section 319.56–4 contains a 

performance-based process for 

approving the importation of 

commodities that, based on the findings 

of a pest-risk analysis, can be safely 

imported subject to one or more of the 

designated phytosanitary measures 

listed in paragraph (b) of that section. 

These measures are: 

• The fruits or vegetables are subject 

to inspection upon arrival in the United 

States and comply with all applicable 

provisions of § 319.56–3; 

• The fruits or vegetables are 

imported from a pest-free area in the 

country of origin that meets the 

requirements of § 319.56–5 for freedom 

from that pest and are accompanied by 

a phytosanitary certificate stating that 

the fruits or vegetables originated in a 

pest-free area in the country of origin; 

• The fruits or vegetables are treated 

in accordance with 7 CFR part 305; 

• The fruits or vegetables are 

inspected in the country of origin by an 

inspector or an official of the national 

plant protection organization of the 

exporting country, and have been found 

free of one or more specific quarantine 

pests identified by the risk assessment 

as likely to follow the import pathway; 

and/or 

• The fruits or vegetables are a 

commercial consignment. 

APHIS received requests from the 

Governments of Malaysia and Vietnam 

to allow the importation of fresh 

rambutan fruit (Nephelium lappaceum) 


hsrobinson on DSK69SOYB1PROD with NOTICES