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[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Notices]
[Pages 72897-72900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30429]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2010-0007]

Privacy Act Systems of Records; APHIS Animal Health Surveillance 
and Monitoring System

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 Animal and Plant Health Inspection Service proposes to add 
a system of records to its inventory of records systems subject to the 
Privacy Act of 1974, as amended. The system of records being proposed 
is the APHIS Animal Health Surveillance and Monitoring System, USDA-
APHIS-15. 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 which describes the ``routine uses'' of the system be published 
for comment, we invite comment on all portions of this notice.

DATES: Effective Date: This system will be adopted without further 
notice on January 9, 2012 unless modified to respond to comments 
received from the public and published in a subsequent notice.
    Comment date: Comments must be received, in writing, on or before 
December 28, 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=APHIS-2010-0007 to submit or view comments.
     Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2010-0007, 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-2010-0007.
    Docket: You may view any 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. Diane Sutton, Senior Staff 
Veterinarian,

[[Page 72898]]

VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737; (301) 734-
4913.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a), requires agencies to publish in the Federal Register 
notice of new or revised systems 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 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 APHIS Animal Health Surveillance and Monitoring 
System (AHSM), that will be used to maintain records of activities 
conducted by the agency pursuant to its mission and responsibilities 
authorized by the Animal Health Protection Act (7 U.S.C. 8301 et seq.); 
Bovine Johne's Disease Control Program (7 U.S.C. 7629); and the Public 
Health Security and Bioterrorism Preparedness and Response Act of 2002 
(7 U.S.C. 8401).
    APHIS' Veterinary Services (VS) program will use the AHSM to 
collect, manage, and evaluate animal health data for disease control 
and surveillance programs. The AHSM will assist APHIS in obtaining and 
analyzing relevant epidemiological information, identifying appropriate 
response tactics, and effectively responding to an animal disease event 
in the United States. It will also allow us to identify and notify the 
owners of animals that have been or may have been exposed in an animal 
disease event. The AHSM may also be used to document animal health 
program results to justify expenditures and compile statistical data 
about animal disease control or surveillance programs.
    The AHSM contains modules for the Veterinary Services Laboratory 
Submissions (VSLS), the National Poultry Improvement Plan (NPIP), and 
the Mobile Information Management system (MIM).
    The AHSM contains personally identifiable information about the 
individual listed as the contact person for the location where the 
animals subject to animal disease control or surveillance programs are 
maintained and the owner of animals involved with animal disease 
control or surveillance programs. Such information includes name; 
mailing and physical address, including city, county, State, postal 
code, and latitude/longitude coordinates; telephone number; email 
address; and any animal, sample, or location identification numbers 
associated with the person. The system also contains information about 
APHIS employees, cooperators, and contractors who are directly involved 
in animal disease control or surveillance program activities such as 
name, home and work address, home and work email addresses, telephone 
number(s), and any assigned identification numbers.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses

    APHIS may routinely share data in the AHSM with certain Federal and 
State animal health officials or Federal or State wildlife agencies for 
assistance in conducting, managing, and analyzing animal disease or 
surveillance programs, and monitoring animal diseases including those 
related to wildlife, feral animals, or alternative livestock. Data may 
also be shared with Federal or State agencies involved with public 
health such as the Departments of Homeland Security and Health and 
Human Services for the purposes of zoonotic disease surveillance or 
control activities. APHIS may also share data in the AHSM with the 
public through a Web site that lists participants in voluntary animal 
disease certification or quality assurance programs, and lists 
individuals or entities not in compliance with animal disease 
regulations. APHIS may also use the Web site to notify individuals who 
may have acquired exposed or potentially exposed animals when other 
means of contact are unavailable.
    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 requests associated with this 
system have been approved by or submitted for approval by the Office of 
Management and Budget under the Paperwork Reduction Act.
Title and Business Address of the Agency Official Responsible for the 
System of Record
    Chief Information Officer, U.S. Department of Agriculture, 1400 
Independence Ave. SW., Washington, DC 20250.

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.

    Signed in Washington, DC, on November 11, 2011.
Thomas J. Vilsack,
Secretary.
SYSTEM NAME:
    APHIS Animal Health Surveillance and Monitoring System, USDA-APHIS-
15.

Security Classification:
    None.

System Location:
    The AHSM is a Web-based system hosted at secure and geographically 
dispersed locations. A backup copy of the data is maintained at a 
secure U.S. government facility.

Categories of Individuals Covered by the System:
    Individuals who are listed as the contact person for the location 
where the animals subject to animal disease control or surveillance 
programs are maintained; owners of animals involved with animal disease 
control or surveillance programs; dealers, agents, and brokers of 
animals; owners or operators of animal product processing, slaughter, 
or rendering establishments; accredited veterinarians; contractors; 
cooperators; and certain APHIS employees.

Categories of Records in the System:
    For the individuals listed as the contact person for the location 
where the animals subject to animal disease control or surveillance 
programs are maintained; owners of animals involved with animal disease 
control or surveillance programs; dealers, agents, and brokers of 
animals; or owners or operators of animal product processing, 
slaughter, or rendering establishments; the following information will 
be retained: Name; address, including city, county, State, postal code, 
and latitude/longitude coordinates; e-mail address; telephone number; 
operation type; species and breed of animals maintained; and data 
necessary for managing and analyzing animal disease control or 
surveillance programs and monitoring diseases related to wildlife, 
feral animals, or alternative livestock. The information retained for 
APHIS employees, cooperators, and contractors

[[Page 72899]]

may include name; home and work address; home and work e-mail 
addresses; telephone number(s); and any assigned identification 
numbers.

Authority for Maintenance of the System:
    Animal Health Protection Act (7 U.S.C. 8301 et seq.); Bovine 
Johne's Disease Control Program (7 U.S.C. 7629); and the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002 (7 
U.S.C. 8401).

Purpose(s):
    APHIS Veterinary Services (VS) program uses the AHSM to collect, 
manage, and evaluate animal health data for disease management and 
surveillance programs.

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 certain Federal and State animal health officials to 
conduct, analyze, and report on the progress of animal disease control 
or surveillance programs;
    (2) To Federal and State wildlife agencies for assistance in 
managing and analyzing animal disease control or surveillance programs 
and monitoring diseases related to wildlife, feral animals, or 
alternative livestock;
    (3) To Federal or State agencies involved with public health such 
as the Departments of Homeland Security and Health and Human Services 
for the purposes of zoonotic disease surveillance or control 
activities;
    (4) To the public through a public Web site which lists 
participants in voluntary animal disease certification or quality 
assurance programs and documents compliance with such programs; lists 
individuals not in compliance with animal disease regulations; and 
notifies individuals who may have acquired exposed or potentially 
exposed animals when other means of contact are unavailable;
    (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 contractors and other parties engaged to assist in 
administering the program. Such contractors and other parties will be 
bound by the nondisclosure provisions of the Privacy Act. 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;
    (10) 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
    (11) 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.

Storage:
    Records are maintained on magnetic tape and optical disk. Backup 
media is taken weekly to an offsite storage facility and stored on 
tape.

Retrievability:
    Records are retrieved primarily by first or last name, address, or 
phone number of the individual listed as the contact person for the 
location where the animal(s) subject to animal disease control or 
surveillance programs are maintained or the owner of animals involved 
with animal disease control or surveillance programs; and by animal, 
flock, herd, or premises numbers. However, under this system records 
can be retrieved by any of the categories that have been recorded.

Safeguards:
    The AHSM security plan includes management, operational, and 
technical controls to prevent misuse of data by system users. These 
controls include the use of role-based security and access rights, 
network firewalls, and requiring all users to obtain a government-
issued login. Access to the system is monitored by USDA officials to 
ensure authorized and appropriate use of the data.

Retention and Disposal:
    Individual electronic records are retained within the system for 
150 years from the last date of creation, edit, or access of the 
records. Incremental and full system tape backups are retained for 1 
month.

System Managers(s) and Address:
    Associate Deputy Administrator, National Animal Health Policy and

[[Page 72900]]

Programs, Veterinary Services, APHIS, USDA, 4700 River Road Unit 33, 
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 
email 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:
    Information in this system comes primarily from the customers, 
including the individuals listed as the contact person for the location 
where the animals subject to animal disease control or surveillance 
programs are maintained, and the owners of animals involved with animal 
disease control or surveillance programs. Such information may be 
supplemented by information from other USDA agencies such as the Food 
Safety and Inspection Service, Farm Service Agency, APHIS' Wildlife 
Services, or from State veterinary health officials and animal testing 
laboratories.
    Employee, cooperator, and contractor information is obtained 
primarily from the employee, cooperator, or contractor.

Exemptions Claimed for the System:
    None.

[FR Doc. 2011-30429 Filed 11-25-11; 8:45 am]
BILLING CODE 3410-34-P
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