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[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]               
[Page 50987-50990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-48]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0125]

 
Privacy Act System of Records; National Animal Health Laboratory 
Network (NAHLN)

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of a proposed new system of records; request for 
comment.

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SUMMARY: The U.S. Department of Agriculture (USDA) proposes to add a 
new Privacy Act system of records to its inventory of records systems 
subject to the Privacy Act of 1974, as amended, and invites public 
comment on this new records system. The system of records being 
proposed is the National Animal

[[Page 50988]]

Health Laboratory Network. 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, USDA invites comment on all portions of this notice.

DATES: Effective Date: This system will be adopted without further 
notice on October 18, 2010 unless modified to respond to comments 
received from the public and published in a subsequent notice. Comments 
must be received, in writing, on or before September 17, 2010.

ADDRESSES: You may submit comments by either of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d-APHIS-2008-0125, and follow the 
instructions for submitting comments.
    Postal Mail/Commercial Delivery: Docket No. APHIS-2008-0125, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238.
    Docket: You may view comments we receive at the Federal eRulemaking 
Portal (Web address above) or 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.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara M. Martin, National Animal 
Health Laboratory Network Coordinator, National Veterinary Services 
Laboratories, Veterinary Services, APHIS, 1800 Dayton Avenue, Ames, IA 
50010; (515) 663-7731.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a), requires agencies to publish in the Federal Register a 
notice of any new or revised system of records maintained by the 
agency. A system of records is a group of any records under the control 
of an 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 Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture (USDA) is proposing to add a new system of 
records, entitled National Animal Health Laboratory Network (NAHLN), 
which will be used to support activities conducted by the agency and 
maintain records pursuant to its missions and responsibilities 
authorized by the Animal Health Protection Act (7 U.S.C. 8301-8317); 
Public Health Security and Bioterrorism Preparedness and Response Act 
of 2002 (Pub. L. 107-188); Homeland Security Presidential Directive-7; 
and Homeland Security Presidential Directive-9.
    The purpose of NAHLN is to coordinate and network USDA's National 
Veterinary Services Laboratories with the capacity, facilities, 
professional expertise, and support of State and university 
laboratories. The network provides an extensive infrastructure of 
facilities, equipment, and personnel that are geographically accessible 
in the event of an animal health emergency.
    APHIS uses the NAHLN to enhance early detection of foreign animal 
disease agents and newly emerging diseases, to better respond to animal 
health emergencies (including bioterrorist events) that threaten the 
nation's food supply and public health, and to assist in assessing the 
nation's animal health status through surveillance and shared animal 
health diagnostic data.
    The NAHLN contains personally identifiable information about the 
owner of or person having primary responsibility for an animal 
undergoing testing in a networked laboratory. Such information includes 
name; address, including city, county, State, postal code; name of 
organization, telephone and fax numbers; and e-mail address.
    The NAHLN also contains information about employees of the 
networked laboratories. Such information may include name, work 
address, position, telephone number, and e-mail address; emergency 
contact information; and proficiency test results. Routine uses of 
records maintained in the system, including categories of users and the 
purposes of such uses.
    APHIS may disclose information in the NAHLN system to Federal or 
State animal health officials to aid in containing and responding to a 
foreign animal disease outbreak, bioterrorism, or other animal health 
emergency, to evaluate response and surveillance activities, or to 
disseminate information and solicit feedback on emergency preparedness 
guidelines and the system itself for the purpose of educating and 
involving these officials in program development, program requirements, 
and standards of conduct. Other routine uses of this information 
include releases related to investigations pertaining to violations of 
law or related to litigation. A complete listing of the routine uses 
for this system is included in the accompanying document that is 
published along with this notice.
    The proposed information collection devices associated with the 
NAHLN system have been submitted to the Office of Management and Budget 
for approval under the Paperwork Reduction Act.

Report on New System

    A report on the new system of records, required by 5 U.S.C. 
552a(r), as implemented by Office of Management and Budget 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, House of Representatives; and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget.

    Dated: August 8, 2010.
Thomas J. Vilsack,
Secretary.
USDA-APHIS-5

System name:
    National Animal Health Laboratory Network (NAHLN).

Security classification:
    None.

System location:
    The data files for the NAHLN are maintained in the offices of 
Veterinary Services in Fort Collins, CO. A backup of the system is 
maintained at APHIS offices in Riverdale, MD.

Categories of individuals covered by the system:
    Federal, State, and university veterinary diagnostic laboratory 
personnel, State and Federal animal health officials, and owners of 
animals undergoing testing in a networked laboratory.

Categories of records in the system:
    Records may include laboratory identification, laboratory location, 
laboratory space, unique identifiers for laboratory submissions, 
purpose and reason for laboratory submissions, test methods, test 
equipment, test instruments, test results, and patient (animal) 
information.
    For the owner or person having primary responsibility for an animal 
undergoing testing in a networked laboratory, the following information

[[Page 50989]]

will be retained: First, middle and last name; telephone number and fax 
numbers; street address, city, State, postal code, country; name of 
organization; and e-mail address.
    The information retained for employees of the networked 
laboratories includes name, work address, position, telephone number 
and e-mail address; emergency contact information; and proficiency test 
results.

Authority for maintenance of the system:
    The Animal Health Protection Act, 7 U.S.C. 8301-8317; the Public 
Health Security and Bioterrorism Preparedness and Response Act of 2002 
(Pub. L. 107-188); Homeland Security Presidential Directive-7; and 
Homeland Security Presidential Directive-9.

Purposes(s):
    The purpose of NAHLN is to coordinate and network USDA's National 
Veterinary Services Laboratories with the capacity, facilities, 
professional expertise, and support of State and university 
laboratories. The network provides an extensive infrastructure of 
facilities, equipment, and personnel that are geographically accessible 
in the event of an animal health emergency.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, records maintained in the system may be 
disclosed outside USDA as follows:
    (1) To Federal and State animal health officials to aid in 
containing and responding to a foreign animal disease outbreak, 
bioterrorism, or other animal health emergency;
    (2) To cooperative Federal, State, and local government officials, 
employees, or contractors, and other parties engaged to assist in 
administering the program. This routine use assists the agency in 
carrying out the program, and thus is compatible with the purpose for 
which the records are created and maintained;
    (3) To responsible Federal and State animal health officials to 
evaluate response and surveillance activities;
    (4) To Federal and State animal health officials within the system 
to disseminate information and solicit feedback on emergency 
preparedness guidelines and the system itself for the purpose of 
educating and involving these officials in program development, program 
requirements, and standards of conduct;
    (5) To the appropriate agency, whether Federal, State, local, or 
foreign, charged with responsibility of investigating or prosecuting a 
violation of law or of enforcing, implementing, or complying with a 
statute, rule, regulation, or order issued pursuant thereto, of any 
record within this system when information available indicates a 
violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, and either arising by general statute or 
particular program statute, or by rule, regulation, or court order 
issued pursuant thereto;
    (6) To the Department of Justice when the agency, or any component 
thereof, or any employee of the agency 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 the 
United States, in litigation, where the agency determines that 
litigation is likely to affect the agency or any of its components, is 
a party to litigation or has an interest in such litigation, and the 
use of such records by the Department of Justice is deemed by the 
agency to be relevant and necessary to the litigation; provided, 
however, that in each case, the agency determines that disclosure of 
the records to the Department of Justice is a use of the information 
contained in the records that is compatible with the purpose for which 
the records were collected;
    (7) For use in a proceeding before a court or adjudicative body 
before which the agency is authorized to appear, when the agency, or 
any component thereof, or any employee of the agency in his or her 
official capacity, or any employee of the agency in his or her 
individual capacity where the agency has agreed to represent the 
employee, or the United States, where the agency determines that 
litigation is likely to affect the agency or any of its components, is 
a party to litigation or has an interest in such litigation, and the 
agency determines that use of such records is relevant and necessary to 
the litigation; provided, however, that in each case, the agency 
determines that disclosure of the records to the court is a use of the 
information contained in the records that is compatible with the 
purpose for which the records were collected;
    (8) To appropriate agencies, entities, and persons when the agency 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; the agency 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, a 
risk of identity theft or fraud, or a risk of harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the agency or another agency or entity) that rely upon 
the compromised information; and the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with the agency's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm;
    (9) To USDA contractors, partner agency employees or contractors, 
or private industry employed to identify patterns, trends or anomalies 
indicative of fraud, waste, or abuse; and
    (10) 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.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on magnetic tape, optical disk, and 
mainframe. Paper records are maintained in offices that are locked 
after business hours and require the presentation of employee 
identification for admittance at all times. Backup media are taken 
weekly to an off-site storage facility and stored on tape.

Retrievability:
     Records are retrieved by the specimen identification number, a 
barcoded alphanumeric number representing the type of specimen; a 
laboratory submission identification number generated from the 
submitting laboratory's information management system; or by laboratory 
employee information such as name, work address, position, telephone 
number and e-mail address, emergency contact information, proficiency 
test results, and authorization to perform various tests.

Safeguards:
    The NAHLN system is subject to management, operational, and 
technical controls. Such controls include role-based access based on 
assigned responsibility for animal health; data encryption during 
transmission; configuration management; and physical and environmental 
protections. Each user's access is restricted based on

[[Page 50990]]

the user's role, laboratory where employed, and region of assigned 
responsibility for animal health. All individuals provided access to 
the NAHLN system are required to complete annual information technology 
security awareness training.

Retention and disposal:
    Electronic records are currently retained within the system for 50 
years. Electronic records stored on NAHLN computer hard drives are 
backed up nightly. Incremental and full system tape backups are 
retained for one month. Backup media is regularly sent to an off-site 
backup storage facility for contingency purposes.

System manager(s) and address:
    Chief Information Officer, Veterinary Services, Animal and Plant 
Health Inspection Service, 4700 River Road Unit 58, Riverdale, MD 
20737.

Notification procedure:
    Any individual may request general information regarding this 
system of records or information as to whether the system contains 
records pertaining to him/her from the system manager at the address 
above. All inquiries pertaining to this system should be in writing; 
must name the system of records as set forth in the system notice; and 
must contain the individual's name, telephone number, address, and e-
mail address.

Record access procedures:
    Any individual may obtain information from a record in the system 
that pertains to him or her. Requests for hard copies of records should 
be in writing, and the request must contain the requesting individual's 
name, address, name of the system of records, timeframe for the records 
in question, any other pertinent information to help identify the file, 
and a copy of his/her photo identification containing a current address 
for verification of identification. All inquiries should be addressed 
to the Freedom of Information and Privacy Act Staff, Legislative and 
Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-
1232.

Contesting record procedures:
    Any individual may contest information contained within a record in 
the system that pertains to him/her by submitting a written request to 
the system manager at the address above. Include the reason for 
contesting the record and the proposed amendment to the information 
with supporting documentation to show how the record is inaccurate.

Record source categories:
    The information in the NAHLN comes primarily from USDA's National 
Veterinary Services Laboratories and State and university laboratories. 
Employee information is obtained primarily from the employee.

Exemptions claimed for the system:
    None.

[FR Doc. 2010-20360 Filed 8-17-10; 8:45 am]
BILLING CODE 3410-34-P
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