15026 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief FOIA Officer, Department of 

Agriculture, 1400 Independence Avenue 

SW., Washington, DC 20250. 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 

records would have been created, 

• Provide any other information that 

will help the FOIA staff determine 

which USDA 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/her agreement 

for you to access his/her records. 

Without this bulleted information, the 

component(s) may 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. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Information from the system will be 

submitted by the user. When a user 

wishes to transact with USDA or its 

partner organizations electronically, the 

user must enter name, address, country 

of residence, telephone number, date of 

birth, mother’s maiden name, username, 

and password. As the USDA 

eAuthentication Service is integrated 

with other government or private sector 

authentication systems, data may be 

obtained from those systems to facilitate 

single-sign on capabilities with the 

user’s permission. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

U.S. Department of Agriculture 

Narrative Statement on Revised 

eAuthentication System of Records 

Under the Privacy Act of 1974 USDA/ 

OCIO–2 eAuthentication Service 

The U.S. Department of Agriculture 

(USDA) eAuthentication Service 

provides USDA Agency customers and 

employees single sign-on capability and 

electronic authentication and 

authorization for USDA Web 

applications and services. Through an 

online self-registration process, USDA 

Agency customers and employees can 

obtain accounts as authorized users that 

will provide access to USDA resources 

without needing to re-authenticate 

within the context of a single Internet 

session. Once an account is activated, 

users may use the associated user ID 

and password that they created to access 

USDA resources that are protected by 

eAuthentication. Information stored in 

the eAuthentication Service may be 

shared with other USDA components, as 

well as appropriate Federal, State, local, 

tribal, foreign, or international 

government agencies as outlined in the 

routine uses or authorized by statute. 

This sharing will take place only after 

USDA determines that the receiving 

component or agency has a need to 

know the information to carry out 

national security, law enforcement, 

immigration, intelligence, or other 

functions consistent with the routine 

uses set forth in this system of records 

notice. USDA is publishing the routine 

uses pursuant to which it may disclose 

information about individuals to the 

extent the disclosure is consistent with 

the purpose for which the information 

was collected. Routine uses include 

disclosure to external Web applications 

upon user request, to other government 

agencies for law enforcement purposes 

if the record on its face or in 

conjunction with other records indicates 

a violation of law, to a court or 

adjudicative body if relevant and 

necessary to appropriate litigation, to a 

congressional office upon written 

request of the individual, to other 

government entities of USDA partners 

upon user request, to USDA contractors 

or industry to identify fraud, waste, or 

abuse to the Department of Justice if 

relevant and necessary for appropriate 

litigation, or to agencies, entities, or 

persons to prevent or remedy security 

breach. The authority for maintaining 

this system is derived from: Government 

Paperwork Elimination Act (GPEA, Pub. 

L. 105–277) of 1998; Freedom to E-File 

Act (Pub. L. 106–222) of 2000; 

Electronic Signatures in Global and 

National Commerce Act (E-SIGN, Pub. 

L. 106–229) of 2000; eGovernment Act 

of 2002 (H.R. 2458). 

Probable or potential effects on the 

privacy of individuals: 

Although there is some risk to the 

privacy of individuals, that risk is 

outweighed by the benefits to those 

individuals who will be able to access 

multiple programs and applications 

with a single login. In addition, the 

safeguards in place will protect against 

unauthorized disclosure. Records are 

accessible only to individuals who are 

authorized, and physical and electronic 

safeguards are employed to ensure 

security. eAuthentication has a current 

Authority to Operate obtained via the 

completion of a Cyber Security 

Certification and Accreditation (C&A). A 

satisfactory risk assessment has been 

performed. 

OMB information collection 

requirements: 

OMB information collection approval: 

OMB No. 0503–0014 

[FR Doc. 2012–6089 Filed 3–13–12; 8:45 am] 

BILLING CODE 3410–ZV–P 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

Privacy Act of 1974; Farm Records File 

(Automated) System of Records 

AGENCY: Department of Agriculture 

(USDA). 

ACTION: Notice of revision to Privacy Act 

system of records. 

SUMMARY: This notice proposes to revise 

the Privacy Act System of Records titled 

Farm Records File (Automated) USDA/ 

FSA–2. The records include information 

about the majority of agricultural 

producers in the United States. In 

general, the Farm Service Agency (FSA) 

proposes to revise the system of records 

to make minor corrections and updates 

to meet additional requirements. 

DATES: We will consider comments that 

we receive on or before April 13, 2012. 

The revised system of records and 

routine uses will become effective 40 

days after publication, on April 23, 

2012, unless modified by a subsequent 

notice to incorporate changes resulting 

from public comments. 

ADDRESSES: We invite you to submit 

comments on this notice. In your 

comment, include the system of records 

number (USDA/FSA–2). You may 

submit comments by any of the 

following methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Virginia Haynes, PECD FSA 

USDA, 1400 Independence Ave. SW., 

Mail Stop 0517, Department of 

Agriculture, Washington, DC 20250– 

0517. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

Instructions: All comments will be 

made public by USDA and will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, contact: Virginia 

Haynes, (202) 690–2798. For privacy 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15027 

issues, contact: Ravoyne Payton, (202) 

720–8755. Persons with disabilities who 

require alternative means for 

communication (Braille, large print, 

audio tape, etc.) should contact the 

USDA Target Center at (202) 720–2600 

(voice and TDD). 

SUPPLEMENTARY INFORMATION: FSA 

maintains the Farm Records File 

(Automated) USDA/FSA–2 Privacy Act 

(5 U.S.C. 552a) system of records to 

collect and manage information about 

the majority of agricultural producers in 

the United States. The mission of FSA 

is to deliver Federal farm program 

benefits and loans to farm and ranch 

owners and operators to support farms 

and ranches, protect the environment, 

and enhance the marketing of 

agricultural products. The system of 

records covers information regarding 

farm and ranch owners, operators, 

tenants, borrowers, and other 

agricultural producers. 

FSA proposes to revise the current 

designations in USDA/FSA–2 from a 

numbered routine use designation to a 

lettered designation and to reorder the 

current routine uses. In addition, FSA 

proposes to revise 14 existing routine 

uses, delete 2 unnecessary routine uses, 

establish 6 new routine uses, and make 

miscellaneous corrections throughout 

the system of records notice to update 

and better reflect the information in the 

system of records and to update the 

system of records notice to comply with 

the Agricultural Risk Protection Act of 

2000 (7 U.S.C. 1515(j)), the Federal 

Funding Accountability and 

Transparency Act (31 U.S.C. 6101– 

6104), similar laws, and to comply with 

new requirements of the confidentiality 

provisions in section 1619 (7 U.S.C. 

8791(b)) of the Food, Conservation, and 

Energy Act of 2008 (Pub. L. 110–246; 

referred to as the 2008 Farm Bill). 

Section 1619(b) of the 2008 Farm Bill 

prohibits disclosure of information 

concerning an agricultural operation, 

farming or conservation practice, or the 

land itself that agricultural producers or 

owners of agricultural land provide in 

order to participate in USDA programs; 

there are certain limited exceptions. 

FSA proposes to (1) revise currently 

designated routine uses to lettered 

designations and reorder the routine 

uses; (2) revise currently designated 

routine uses 1 through 8, 10 through 23, 

and 25; (3) delete currently designated 

routine uses 9 and 24; and (4) add six 

new routine uses to be designated as 

routine uses A, C, D, F, Z, and BB. The 

revised designations and order are 

shown in the following table, listed in 

the new order: 

Redesignated routine use letter Former routine use 

No. 

Status 

(new, revised, 

redesignated, or deleted) 

A .................................................................................................................................................. ................................ new. 

B .................................................................................................................................................. 4 revised. 

C ................................................................................................................................................. ................................ new. 

D ................................................................................................................................................. ................................ new. 

E .................................................................................................................................................. 25 revised. 

F .................................................................................................................................................. ................................ new. 

G ................................................................................................................................................. 2 revised. 

H ................................................................................................................................................. 1 redesignated. 

I ................................................................................................................................................... 5 redesignated. 

J .................................................................................................................................................. 6 redesignated. 

K .................................................................................................................................................. 7 revised. 

L .................................................................................................................................................. 8 revised. 

M ................................................................................................................................................. 10 redesignated. 

N ................................................................................................................................................. 11 revised. 

O ................................................................................................................................................. 12 redesignated. 

P .................................................................................................................................................. 13 revised. 

Q ................................................................................................................................................. 14 redesignated. 

R ................................................................................................................................................. 15 redesignated. 

S .................................................................................................................................................. 16 redesignated. 

T .................................................................................................................................................. 17 revised. 

U ................................................................................................................................................. 18 revised. 

V .................................................................................................................................................. 19 redesignated. 

W ................................................................................................................................................. 20 revised. 

X .................................................................................................................................................. 21 revised. 

Y .................................................................................................................................................. 22 revised. 

Z .................................................................................................................................................. ................................ new. 

AA ............................................................................................................................................... 23 revised. 

BB ............................................................................................................................................... ................................ new. 

CC ............................................................................................................................................... 3 revised. 

9 deleted. 

24 deleted. 

Proposed New Routine Use A 

FSA is adding new routine use A to 

establish that FSA will disclose the 

records to the Department of Justice 

(including United States Attorney 

Offices) or other Federal agency when 

certain conditions are met. 

Proposed New Routine Use C 

FSA is adding a new routine use C to 

establish that FSA will disclose the 

records to the National Archives and 

Records Administration or to the 

General Services Administration for 

records management program purposes 

pursuant to 44 U.S.C. 2906(a)(1). 

Proposed New Routine Use D 

FSA is adding a new routine use D to 

establish that FSA will disclose the 

records to an agency, organization, or 

individual that is required for 

performing audit or oversight operations 

as authorized by law. 


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Proposed New Routine Use F 

FSA is adding a new routine use F to 

establish that FSA will disclose the 

records to contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, grant, cooperative agreement, 

or other assignment for USDA when 

certain conditions are met. 

Proposed Revised Routine Use T 

(Formerly Routine Use 17) 

FSA is revising the routine use to 

clarify that disclosure of records to 

members of Congress can include the 

names and specifically the 

correspondence addresses of all 

producers in the system of records 

rather than just the name and 

correspondence address of producers 

that are recipients of a USDA program 

payment. 

Proposed Revised Routine Use U 

(Formerly Routine Use 18) 

FSA is revising the routine use to 

clarify that FSA will disclose the names 

and correspondence addresses of 

producers who have FSA or Commodity 

Credit Corporation (CCC) commodity 

loans to the public when they need to 

prevent one of those producers from 

purchasing a commodity that has been 

placed under a CCC loan. This change 

specifies that the addresses that we will 

disclose will be the producer’s 

correspondence address. 

Proposed Revised Routine Use W 

(Formerly Routine Use 20) 

FSA is revising the routine use to 

limit the disclosure of records to only 

those State-certified or State-licensed 

appraisers and employees of Federal 

agencies other than USDA who are 

actually performing real estate 

appraisals for USDA. This revision 

ensures the routine use is consistent 

with 7 U.S.C. 8791(b) and as such 

disclosure of information will be limited 

to the information needed when Statecertified or State-licensed appraisers are 

providing technical or financial 

assistance with respect to the 

agricultural operation, agricultural land, 

or farming or conservation practice (7 

U.S.C. 8791(b)(3)(A)). In addition, FSA 

is removing the specific list of 

information that was able to be 

disclosed through the routine use. 

Proposed Revised Routine Use X 

(Formerly Routine Use 21) 

FSA is revising the routine use to 

limit disclosure of records to only 

Federal, State, local, Tribal agencies, 

and State universities, or those persons 

working in cooperation with the USDA 

Secretary in any Department program. 

In addition, FSA is removing the 

specific list of information that was able 

to be disclosed through the routine use. 

Proposed Revised Routine Use Y 

(Formerly Routine Use 22) 

FSA is revising the routine use to 

clarify the disclosure of certain 

electronic records in this system of 

records through incorporation of the 

records into the Comprehensive 

Information Management System 

(CIMS). Previously, routine use number 

22 referred to RMA and the CIMS 

contractors as well as Approved 

Insurance Providers (AIPs), however 

they did not have the same access to the 

information in CIMS. The routine use 

now clearly provides full disclosure to 

RMA and CIMS contractors; this 

disclosure is in accordance with 7 

U.S.C. 8002(b)(5). The routine use also 

limits disclosure to AIPs to only the 

producer reported information that is 

associated with the AIP’s insured 

producers and that insured producer’s 

farming operations and limits disclosure 

of Common Land Unit (CLU) 

information to a defined data set that 

will be provided only for those States in 

the AIP plan of operation. 

RMA and FSA have executed a 

memorandum of understanding for 

sharing program specific data included 

in USDA/FSA–2, Farm Records File 

(Automated). As sister Federal agencies, 

RMA and FSA comply with the Privacy 

Act and ensure their contractors do the 

same. Specifically, as agreed to in the 

Memorandum of Understanding 

between FSA and RMA for sharing this 

data for the Data Mining Project, all 

program data collected and handled by 

either RMA or FSA will be treated with 

the full security requirements of current 

Federal legislation, Office of 

Management and Budget (OMB) 

memoranda, USDA departmental 

regulations, and USDA cyber security 

policies. Only those employees and 

contractors (or persons otherwise acting 

as agents) with a need to know will be 

provided access to such data. RMA has 

a current Privacy Impact Assessment for 

the system of records. 

In addition, FSA is removing the 

specific list of information that was able 

to be disclosed through the routine use. 

Proposed New Routine Use Z 

FSA is adding a new routine use Z to 

specify that FSA will disclose the 

records to RMA contractors for use in 

the USDA data warehouse and data 

mining operation. RMA will use the 

information to search or ‘‘mine’’ existing 

data records to compare insurance 

policies and detect individual producers 

whose policies demonstrate atypical 

patterns, which sometimes indicate 

fraudulent activity or possible breach of 

policy terms. Data mining may also be 

used to analyze and uncover larger 

national patterns that may indicate 

patterns of fraud, waste, and abuse. The 

data mining operation is authorized by 

the Agricultural Risk Protection Act of 

2000 (7 U.S.C. 1515(j)). This limited 

disclosure is within FSA’s mandate to 

promote viable agriculture economy, 

and is necessary and appropriate for 

effective implementation of USDA 

programs. 

Under this new routine use, RMA 

may provide data to AIPs, agents, or loss 

adjusters for the AIP’s specific 

policyholders if analyses produced from 

the data mining operation reveal: 

(1) Material contradictions in data 

reported to FSA and RMA; or 

(2) A possible breach of policy terms. 

FSA and RMA have entered into a 

memorandum of understanding in 

which RMA accepts responsibility for 

the security of privacy protected data, 

including information going to RMA’s 

contractors, partners, and AIPs. RMA 

has certified that it will adhere to 

Federal Government data security 

statutes and regulations and that the 

data mining operation has a currently 

operative and approved security 

Certification and Accreditation in place. 

RMA has a current Privacy Impact 

Assessment for the system of records. 

All information collected from 

customers by the AIPs for the Federal 

crop insurance program, as well as 

information received by AIPs from 

RMA, is covered by the provisions of 

the Privacy Act as the AIPs are 

contractually obligated to adhere to the 

Privacy Act. AIPs are accustomed to 

working with, and protecting, such 

information. 

Proposed Revised Routine Use AA 

(Formerly Routine Use 23) 

FSA is revising the routine use to 

clarify that records will only be 

disclosed to AIPs (excluding the AIP’s 

insurance agents) and loss adjusters that 

request the information as required. The 

requester needs to specify the producer, 

the producer’s identification number, 

and the type of information being 

requested. FSA will disclose records as 

requested that may include: the 

producer’s names, crop name, County 

FSA Office address, program years, and 

the last 4 digits of tax ID number. In 

addition, upon request, FSA may 

disclose a copy of both current and prior 

Producer Print and Map Photocopies; 

Farm Operating Plan for Payment 

Eligibility Review for an Individual; and 

Highly Erodible Land Conservation 

(HELC) and Wetland Conservation (WC) 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15029 

Certification. In addition, as discussed 

above, FSA is removing the specific 

categories of information that FSA 

routinely shares with AIPs, their 

insurance agents, and loss adjusters. 

Proposed New Routine Use BB 

FSA is adding a new routine use BB 

to permit FSA to disclose names, 

locations, and award information 

identified by the Federal Funding 

Accountability and Transparency Act of 

2006 (31 U.S.C. 6101–6104); section 204 

of the E-Government Act of 2002 (44 

U.S.C. 3501 note), and the Office of 

Federal Procurement Policy Act (41 

U.S.C. 403–440), or similar laws 

requiring agencies to make information 

publicly available 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. This routine use will 

explicitly allow FSA to disclose records 

to the public as specified by those laws. 

Proposed Revised Routine Use CC 

(Formerly Routine Use 3) 

FSA is revising the routine use to 

clarify when the records will be 

disclosed. FSA will disclose the records 

to a court or adjudicative body in a 

proceeding not just when any record 

within the system of records constitutes 

evidence in a proceeding, or is sought 

in the course of discovery for records 

relevant to the subject of the proceeding. 

For FSA to disclose the information 

USDA must have reviewed the 

information and determined that it is 

both relevant and necessary to the 

litigation and USDA determined the use 

is for a purpose that is compatible with 

the purpose for which FSA collected the 

records. Further, FSA will only disclose 

the information when one of the 

following is a party to the litigation: 

FSA or any part of FSA, any FSA 

employee in an official capacity, or any 

FSA employee in an individual capacity 

if USDA has agreed to represent the 

employee, or the U.S. Government. 

Deleted Routine Use 9 

FSA is deleting routine use number 9. 

The deleted routine use addressed 

disclosure of information to the USDA 

Food Safety and Inspection Service. 

Because any such disclosure is intraagency, it is already permitted as 

specified in the Privacy Act (see 5 

U.S.C. 552a(b)(1)) and therefore the 

disclosure does not require a routine 

use. 

Deleted Routine Use 24 

FSA is deleting routine use number 

24. The deleted routine use addressed 

disclosure of information to cooperating 

Federal, State, and local agencies, 

including State universities who are 

qualified to implement hurricane 

disaster programs or analyze the sugar 

industry. FSA is deleting routine use 24 

because the releases permitted in 

routine use 24 are now included in the 

proposed revision to routine use X 

(which had been routine use 21). 

Privacy Act 

As required by the Privacy Act 

(specifically 5 U.S.C. 552a(r)) and 

implemented by the Office of 

Management and Budget (OMB) 

Circular A–130, USDA has provided a 

report of this system of records to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget; the Chairman, Committee on 

Government Reform and Oversight, 

House of Representatives; and the 

Chairman, Committee on Governmental 

Affairs, United States Senate on 

llllllll. 

SYSTEM OF RECORDS 

USDA/FSA–2 

SYSTEM NAME: 

Farm Records File (Automated). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

This system of records is under the 

control of the Deputy Administrator for 

Farm Programs, Farm Service Agency 

(FSA), 1400 Independence Avenue SW., 

Stop 0539, Washington, DC 20250– 

0539. 

Records are maintained at the FSA 

county offices, the FSA State offices, the 

FSA National office, the FSA Aerial 

Photography Field Office, the FSA 

Kansas City Commodity Office, and the 

USDA National Information Technology 

Center. The address of each FSA county 

office and FSA State office can be found 

in the local telephone directory under 

the heading ‘‘United States Government, 

Department of Agriculture, Farm 

Service Agency.’’ The FSA Aerial 

Photography Field Office is located in 

Salt Lake City, UT. The FSA Kansas City 

Commodity Office and the USDA 

National Information Technology Center 

are located in Kansas City, MO. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Farm and ranch owners, operators, 

tenants, borrowers, and other 

agricultural producers. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The information in the system of 

records consists of electronic and hard 

copy documentation of participation in 

FSA programs, including active 

programs as well as discontinued 

programs. This includes names and 

addresses of producers and also 

includes, but is not limited to: 

• Farm allotments, quotas, bases, and 

history; 

• Compliance data; producer entity 

data; 

• Combined producer data; 

production and marketing data; 

• Lease and transfer of allotments and 

quotas; 

• Appeals; 

• New grower applications; 

• Conservation program documents; 

• Program participation and payment 

documents, including information 

related to a person’s indirect interest in 

payments through shares or interest in 

a payee entity; 

• Appraisals, leases, and data for farm 

reconstitution; and 

• For payment limitation and 

conservation compliance purposes: 

financial statements, and other 

applicable farm information such as tax 

statements, wills, trusts, partnership 

agreements, and corporate charters. 

The geospatial (GIS) data set contains 

producer boundaries of CLUs, farms, 

tracts, field identifiers and attributes 

used to identify the location of land that 

can be traced back to a producer’s crops 

and benefits. By definition, a CLU 

identifies a farm’s subdivisions and 

boundaries and is recommended as the 

common location identifier for reporting 

acreage. 

Digital renditions of farm record 

boundaries include farm, tract, CLUs 

(fields), and personal attributes of that 

property including, but not limited to, 

cropland designation, wetland location, 

program participation designation (for 

example, Conservation Reserve Program 

or CRP), and presence of structures 

located on a property (for example, 

buildings, well heads, or other 

identifying structures). 

Crop Acreage Data are used to 

promote a viable agriculture economy 

essential to effectively administering 

and enforcing the national crop 

insurance program and for the purpose 

of fulfilling loss adjustment obligations 

as well as audits and reviews of claims. 

Specific automated systems 

processing the records include, but are 

not limited to: 

• Acreage Reporting and Compliance 

Systems, 

• Ag Credit System, 

• Automated Price Support System, 

• Average Crop Revenue Elections, 


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• Asparagus Revenue Market Loss 

Assistance, 

• Cash Systems, 

• COC Elections Systems, 

• Commodity Management Systems, 

• Commodity Operation Systems, 

• Common Farm Programs Systems, 

• Conservation Systems, 

• Consolidated Farm Loan Program 

Information and Delivery System, 

• Consolidated Financial 

Management Information Systems, 

• Consolidated Natural Disaster Relief 

Programs, 

• Consolidated Management System, 

• Cooperative Marketing Association 

System, 

• Cotton Management System, 

• Customer Name and Address 

Systems, 

• Dairy Disaster Assistance Program, 

• Debt Systems, 

• Direct Counter-Cyclical Enrollment 

and Payment Systems, 

• Direct Loan Systems, 

• Domestic Electronic Bid Entry 

System, 

• Electronic Debt and Loan 

Restructuring System, 

• Electronic Distribution of 

Disbursement Data, 

• Enterprise Data Warehouse, 

• Facility Loans Systems, 

• Farm Business Plan Web Equity 

Manager, 

• Farm Loan Programs Risk 

Assessment, 

• Farm Programs Management 

Systems, 

• Financial Management Systems, 

• General Sales Manager Export 

Credit Guarantee System, 

• Geographic Information Services 

(GIS), 

• GIS Thin Client System, 

• Grain Inventory Management 

System, 

• Management of Ag Credit System, 

• Market Loss Assistance Program, 

• Milk Income Loss Contract, 

• Natural Disaster Relief, 

• Noninsured Crop Disaster 

Assistance Program, 

• Payment Systems, 

• Price Support Systems, 

• Processed Commodities Inventory 

Management System, 

• Program Loan Accounting System, 

• Representative Link Manager 

System, 

• Service Center Information 

Management System, 

• Subsidiary Systems, 

• Tobacco Transition Payment 

Program, 

• Trade Adjustment Assistance, and 

• Web-Based Supply Chain 

Management System. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

7 U.S.C. 450j, 450k, 450l, 1281–1393, 

1421–1449, 1471–1472; 15 U.S.C. 714– 

714p; 16 U.S.C. 590a–590q, 1301–1311, 

1606, 2101–2111, 2201–2206, 3501, 

3801–3845, 4601, 26 U.S.C. 6109; 40 

U.S.C. 14101, 14505, and 43 U.S.C. 

1592. 

PURPOSE(S): 

To deliver Federal farm program 

benefits and loans legislated by 

Congress to farm and ranch owners and 

operators to support farms and ranches, 

protect the environment, and enhance 

the marketing of agriculture products. 

Routine uses of records maintained in 

the system, including categories of users 

and the purposes of such uses: 

Records or information contained in 

this system of records may be disclosed 

outside USDA as a routine use (see 5 

U.S.C. 552a(b)(3)) as follows: 

A. To the Department of Justice when: 

1. USDA or any part of USDA; 

2. Any USDA employee in an official 

capacity if the Department of Justice has 

agreed to represent the employee; or 

3. The United States Government is a 

party to litigation or has an interest in 

such litigation, and by careful review, 

USDA 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 USDA to be for a purpose 

that is compatible with the purpose for 

which FSA collected the records. 

B. To a Member of Congress or to a 

Congressional staff member in response 

to a request of the Congressional office 

made at the written request of the 

constituent about whom the record is 

maintained. 

C. To the National Archives and 

Records Administration or to the 

General Services Administration, for 

records management inspections 

conducted as specified in 44 U.S.C. 

2904 and 2906. 

D. To an agency, organization, or 

individual for the purpose of performing 

audit or oversight operations as 

authorized by law, but only such 

information as is necessary and relevant 

to the specific audit or oversight. 

E. To appropriate agencies, entities, 

and persons when: 

1. USDA suspects or has confirmed 

that the security or confidentiality of 

information in the system of records has 

been compromised; 

2. USDA 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 of records or 

other systems or programs (whether 

maintained by USDA or another agency 

or entity) or harm to the individuals that 

rely on the information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with USDA’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

F. To contractors, grantees, experts, 

consultants, and their agents, and others 

performing or working on a contract, 

grant, cooperative agreement, or other 

assignment for USDA, when necessary 

to accomplish a USDA function related 

to this system of records. Individuals 

provided information under this routine 

use are subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to USDA 

officers and employees. 

G. 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 law or particular 

program law, or by regulation, rule, or 

order issued as a result of that law, 

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 law, or rule, 

regulation, or order issued as a result of 

that law, if the information disclosed is 

relevant to any enforcement, regulatory, 

investigative, or prosecutive 

responsibility of the receiving entity. 

H. To a cooperative marketing 

association (CMA), designated 

marketing association (DMA), or loan 

servicing agent (LSA) approved to carry 

out Commodity Credit Corporation 

(CCC) price support loan and marketing 

programs. Records that will be disclosed 

include only data that is necessary for 

the CMA, DMA, or LSA to make 

producer eligibility determinations, 

reasonable quantity determinations, 

producer payment limitations, and 

denied benefit determinations. 

I. To the Internal Revenue Service to 

establish the tax liability of individuals 

as required by the Internal Revenue 

Code. 

J. To State or local tax authorities 

having an agreement with CCC to 

withhold taxes or fees from loan 

proceeds. 

K. To the Department of Interior, 

Bureau of Reclamation (BOR), but only 

that data necessary for the BOR to 

administer the Reclamation Act of 1982, 

as amended. 

L. To boards or other entities 

authorized by State law to collect 

commodity assessments. 


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M. To the Peanut Board, with respect 

to producers of peanuts and their 

participation in the peanut price 

support program. 

N. To the Department of Interior, 

Bureau of Indian Affairs, the name and 

correspondence address of producers to 

assist in the distribution of funds to 

Native American Indians. 

O. To candidates for FSA county 

committee positions, the names and 

correspondence addresses of producers 

in the county for the purpose of county 

committee elections. 

P. To the public, farm allotment and 

quota data for marketing quota crops, as 

allowed by the Agricultural Act of 1938, 

as amended, and payment information 

for farm and related programs including 

information of indirect benefits from 

payments as indicated by shares of each 

individual or entity that receive 

payments or that themselves are 

considered to have an indirect interest 

in payments. 

Q. To State Foresters, the names and 

correspondence addresses of producers 

and crop-specific data regarding their 

operations with respect to forestry 

conservation practices. 

R. To cotton buyers, the name and 

correspondence address of cotton 

producers. 

S. To cotton ginners, the names, 

correspondence addresses, farm 

numbers, cotton yields, and cotton 

acreages of cotton producers. 

T. To members of Congress, the names 

and correspondence addresses of all 

producers in the system of records. 

U. To the public when they need to 

obtain the names and correspondence 

addresses of producers who have 

commodity loans with FSA or CCC to 

prevent one of those producers from 

purchasing a commodity that has been 

placed under a CCC loan. 

V. To State or local taxing authorities 

or their contracted appraisal companies, 

the name and correspondence address 

of producers for tax appraisal purposes. 

W. To State-certified or State-licensed 

appraisers and employees of Federal 

agencies qualified to perform and 

actually performing real estate 

appraisals for USDA. Records that will 

be disclosed include only the data that 

is necessary for the appraiser to 

complete the appraisal. 

X. To cooperating persons or Federal, 

State, local, or Tribal agencies working 

in cooperation with the Secretary in any 

USDA program. Records that will be 

disclosed include only the data that is 

necessary for the cooperating person or 

agency to complete work on the USDA 

program. 

Y. To any Federal agency or any 

approved insurance provider (AIP), the 

information collected using the 

Comprehensive Information 

Management System (CIMS) used to 

administer the programs of FCIC and 

FSA as specified in 7 U.S.C. 8002(b)(2). 

All information disclosed to CIMS may 

be further disclosed to any contractor 

engaged in the development or 

maintenance of CIMS. Select CIMS data 

may also be further disclosed to AIPs 

and AIP employees, insurance agents, 

and loss adjusters, but will be limited to 

only the producer reported information 

that is associated with a given AIP’s 

insured producers and that insured 

producer’s farming operations (for data 

to be disclosed, the producer must 

actually be insured by the given AIP). 

For the disclosure of CLU information, 

CIMS will provide the AIP a limited file 

of CLU information containing data 

elements for those States in the AIP plan 

of operation to include Shape, (CLU 

boundaries), Location State Code, 

Location County Code, Administrative 

State Code, Administrative County 

Code, CLU Number, CLU Calculated 

Acres, CLU Class, Last Change Date, 

Common Land Unit Identifier, Farm 

Number, Tract Number, and Field 

Number information. The limited CLU 

data set provided to the AIP will not 

contain data reported to FSA by the 

producer via the FSA–578 (for example, 

planted acres, name, address, crops, 

etc.). 

Z. To any Federal agency or any AIP, 

the information in the USDA data 

warehouse and data mining operation 

collected as authorized by the 

Agricultural Risk Protection Act of 2000 

(7 U.S.C. 1515(j)). All information 

disclosed to the USDA data warehouse 

and data mining operation may be 

further disclosed to any contractor 

engaged in the development or 

maintenance of the USDA data 

warehouse and data mining operation. 

Select data may also be further 

disclosed to AIPs and AIP employees, 

insurance agents, and loss adjusters. 

Disclosure is limited to only the 

producer reported information that is 

associated with a given AIP’s insured 

producers and that insured producer’s 

farming operations (for data to be 

disclosed, the producer must actually be 

insured by the given AIP). 

AA. To the AIPs (excluding the AIP’s 

insurance agents) and loss adjusters. 

USDA will disclose records that may 

include the producer’s name, crop 

name, County FSA Office address, 

program years, and the last 4 digits of 

producer’s tax ID number. USDA may 

disclose a copy of both current and prior 

Producer Print and Map Photocopies, 

Farm Operating Plan for Payment 

Eligibility Review for an Individual, 

Highly Erodible Land Conservation 

(HELC), and Wetland Conservation 

(WC) Certification. Disclosure will be 

made only in response to a properly 

submitted request for certain 

information. 

BB. USDA will disclose information 

about individuals from this system of 

records in accordance with the Federal 

Funding Accountability and 

Transparency Act of 2006 (31 U.S.C. 

6101–6106); section 204 of the EGovernment Act of 2002 (44 U.S.C. 3501 

note), and the Office of Federal 

Procurement Policy Act (41 U.S.C. 403– 

440), or similar laws requiring agencies 

to make available publicly names, 

locations, and other information 

concerning Federal financial assistance, 

including grants, subgrants, loan 

awards, cooperative agreements, and 

other financial assistance; and contracts, 

subcontracts, purchase orders, task 

orders, and delivery orders. 

CC. To a court or adjudicative body in 

a proceeding when: 

1. USDA or any part of USDA; 

2. Any USDA employee in an official 

capacity; 

3. Any USDA employee in an 

individual capacity if USDA has agreed 

to represent the employee; or 

4. The United States Government is a 

party to litigation or has an interest in 

such litigation, and by careful review, 

USDA determines that the records are 

both relevant and necessary to the 

litigation and the use of such records is 

therefore deemed by USDA to be for a 

purpose that is compatible with the 

purpose for which FSA collected the 

records. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

Records in this system of records are 

stored electronically on security 

measure protected (for example, eauthentication, password, restricted 

access protocol, etc.) databases, 

electronically on e-media devices 

(computer hard drive, magnetic disc, 

tape, digital media, CD, DVD, etc.), and 

on paper copy. Record storage is located 

within secured or locked facilities. 

STORAGE: 

See ‘‘Policies and practices for 

storing, retrieving, accessing, retaining, 

and disposing of records in the system’’ 

above. 

RETRIEVABILITY: 

Records may be retrieved by the 

individual’s name, Social Security 


srobinson on DSK4SPTVN1PROD with NOTICES
15032 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 

Number, tax identification number, loan 

number, and farm number. 

SAFEGUARDS: 

Records in this system of records are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable USDA automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer systems containing the 

records in this system of records is 

limited to those individuals who have a 

need to know the information for the 

performance of their official duties and 

who have appropriate clearances or 

permissions. 

RETENTION AND DISPOSAL: 

Records are maintained in file folders 

and Department computer systems at 

applicable locations as set out above 

under the heading ‘‘System Location.’’ 

Detailed retention and disposal 

instructions are provided in Records 

Control Schedule RG 0145: Farm 

Service Agency and Records Control 

Schedule RG 0161: Commodity Credit 

Corporation. 

SYSTEM MANAGER AND ADDRESS: 

Deputy Administrator for Farm 

Programs, FSA, 1400 Independence 

Avenue SW., Stop 0539, Washington, 

DC 20250–0539. 

NOTIFICATION PROCEDURE: 

An individual may request 

information regarding this system of 

records or information as to whether the 

system contains record pertaining to the 

individual from the System Manager 

above. 

RECORDS ACCESS PROCEDURE: 

To request notification of and access 

to any record contained in the system of 

records, or to contest the content of a 

record, submit a request in writing to 

the FSA FOIA officer or the FOIA officer 

for the relevant part of USDA 

responsible for your information 

(contact information is at http:// 

www.da.usda.gov/foia.htm under 

‘‘Where to Send Requests’’). If you 

believe more than one USDA agency 

maintains Privacy Act records 

concerning you, submit the request to 

the Chief FOIA Officer, Department of 

Agriculture, 1400 Independence Avenue 

SW., Washington, DC 20250. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records, your 

request must conform with the Privacy 

Act regulations in 7 CFR 1.110–1.122, as 

follows. Verify your identity by 

providing 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, which 

is 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 forms for this purpose from the 

Chief FOIA Officer, Department of 

Agriculture, 1400 Independence Avenue 

SW., Washington, DC 20250. In 

addition, you should provide the 

following: 

• Explain why you believe USDA 

would have information on you, 

• Identify which USDA agency you 

believe may have the information about 

you, 

• Specify when you believe the 

records would have been created, and 

• Provide any other information that 

will help the FOIA staff determine 

which USDA 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 agreement for you 

to access the records. 

If your request does not include the 

information specified above, FSA may 

not be able to conduct an effective 

search, and may result in your request 

being denied due to lack of specificity 

or lack of compliance with applicable 

regulations. 

CONTESTING RECORD PROCEDURES: 

Individuals desiring to contest or 

amend information maintained in the 

system should direct their request to the 

above listed System Manager and 

should include the reason for contesting 

it and the proposed amendment to the 

information with supporting 

information to show how the record is 

inaccurate. A request for contesting 

records pertaining to an individual 

should contain: Name, address, ZIP 

code, name of system of record, year of 

records in question, and any other 

pertinent information to help identify 

the file. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is submitted by FSA State and county 

committees and their representatives, 

the Office of Inspector General and 

other investigatory agencies, the Office 

of General Counsel, the Kansas City 

Commodity Office, the Natural 

Resources and Conservation Service, by 

third parties, and by the individual who 

is the subject of the record. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: February 28, 2012. 

Thomas J. Vilsack, 

Secretary. 

PRIVACY ACT SYSTEM USDA/FSA–2 

FARM RECORDS FILE (AUTOMATED) 

REVISED NARRATIVE STATEMENT 

The Farm Service Agency (FSA) 

maintains the Farm Records File 

(Automated) USDA FSA–2 Privacy Act 

(5 U.S.C. 552a) system of records to 

collect and manage information about 

the majority of agricultural producers in 

the United States. The purpose of this 

system is to deliver Federal farm 

program benefits and loans to farm and 

ranch owners and operators to support 

farms and ranches, protect the 

environment, and enhance the 

marketing of agricultural products. This 

system of records covers information 

regarding farm and ranch owners, 

operators, tenants, borrowers, and other 

agricultural producers. 

The purposes of revising the USDA/ 

FSA–2 Farm Records File (Automated) 

system of records are to: (a) establish 

new routine uses, (b) make minor 

corrections to other routine uses, (c) 

update to meet current Privacy Act 

requirements, and (d) revise the 

designations of routine uses from a 

numbered list to a lettered list and 

reorder the routine uses. One 

substantive change is to establish a new 

routine use to allow us to share data 

with the Risk Management Agency for 

the Data Mining Project. Also, section 

1619 of the 2008 Farm Bill limits 

disclosure by the Department of 

information provided by an agricultural 

producer or owner of agricultural land 

concerning the agricultural operation, 

farming or conservation practices, or the 

land itself, in order to participate in 

programs of the Department that is 

contained in the system. 

Specifically, FSA is revising 23 

existing routine uses (6 with substantive 

changes and 17 are only being revised 

or redesignated), removing 2 

unnecessary routine uses, and 

establishing 6 new routine uses. A 

‘‘routine use’’ identifies individuals, 

groups, and entities to whom USDA 

may disclose the information in the 

attached system of records and under 

what circumstances such disclosures 

may be made. 

The system discloses routinely to 

various agencies (Federal, State, local), 

associations, organizations, entities 

information on USDA programs, 

operations and services information, to 

Congress information related to 

Congressional written requests to 

USDA, to the Department of Justice 

information on USDA records for 

litigations, to the Internal Revenue 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Notices 15033 

Service information on USDA 

employee’s tax information, to the 

Department of Interior information on 

USDA land data and funding to Native 

American Indians, to the USDA Risk 

Management Agency information on 

USDA data warehouse, data mining 

operation, and Comprehensive 

Information Management System, to the 

National Archives and Records 

Administration information on USDA 

records, to FSA employees personnel 

information, and to contractors 

information on working performance in 

certain USDA functions. New routine 

uses for disclosure of records to share 

FSA data as described in the system of 

records are compatible with the purpose 

of both FSA and RMA activities in using 

the information. 

All information contained in this 

system is collected and maintained in 

accordance with the Privacy Act, Title 

5, United States Code, Section 552a. The 

authorities for maintenance of the 

system are 7 U.S.C. 450j, 450k, 450l, 

1281–1393, 1421–1449, 1471–1472; 15 

U.S.C. 714–714p; 16 U.S.C. 590a–590q, 

1301–1311, 1606, 2101–2111, 2201– 

2206, 3501, 3801–3845, 4601, 26 U.S.C. 

6109; 40 U.S.C. 14101, 14505, and 43 

U.S.C. 1592. 

The Privacy Act system of records 

affects the privacy interests of 

individual producers whose information 

is contained in them. The privacy 

interests of the affected individual 

producers are more than ‘‘de minimis,’’ 

because the Privacy Act system of 

records contains detailed information 

about their farming operations and 

assets. However, USDA has determined 

that the routine uses and maintenance 

of this information are warranted. The 

privacy interests of these producers are 

balanced with: (1) The benefits that the 

producers receive as program recipients 

and (2) the need of the Government to 

detect fraud and abuse as it administers 

USDA programs. 

Records in this system of records are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable USDA automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer systems containing the 

records in this system of records is 

limited to those individuals who have a 

need to know the information for the 

performance of their official duties and 

who have appropriate clearances or 

permissions. 

Additionally, records in this system of 

records are stored electronically on 

security measure protected (for 

example, e-authentication, password, 

restricted access protocol, etc.) 

databases, electronically on e-media 

devices (computer hard drive, magnetic 

disc, tape, digital media, CD, DVD, etc.), 

and on paper copy. Record storage is 

located within secured or locked 

facilities. 

A new routine use for disclosure of 

record to share FSA data with RMA as 

described in the system of records is 

compatible with the purpose of both 

FSA and RMA activities in using the 

information. 

The information collection requests 

associated with this system were 

submitted to the Office of Management 

and Budget (OMB) for Paperwork 

Reduction Act in the following table, 

which contained each OMB control 

number with the expiration date. 

OMB Control No. Expiration date Agency and other information 

(Agency, Title, and relevant notes if any) 

0348–0046 ............................................................................... 12/31/13 OMB 

0551–0040 ............................................................................... 06/30/13 USDA Foreign Agricultural Service (FAS) 

0560–0004 ............................................................................... 01/31/12 USDA Farm Service Agency (FSA)

0560–0026 ............................................................................... 12/31/13 FSA 

0560–0082 ............................................................................... 7/31/2011 FSA 

0560–0175 ............................................................................... 01/31/14 FSA 

0560–0183 ............................................................................... 07/31/12 FSA 

0560–0185 ............................................................................... 06/30/13 FSA 

0560–0190 ............................................................................... 12/31/13 FSA 

0560–0215 ............................................................................... 10/31/11 FSA 

0560–0253 ............................................................................... 10/31/11 FSA 

0563–0053 ............................................................................... 03/31/2012 Risk Management Service (Automated System) 

0581–0093 ............................................................................... 05/31/2014 Agricultural Marketing Service 

[FR Doc. 2012–6090 Filed 3–13–12; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0105] 

Privacy Act Systems of Records; 

APHIS Veterinary Services User Fee 

System 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of a proposed new 

system of records; request for comment. 

SUMMARY: The Animal and Plant Health 

Inspection Service (APHIS) 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 

Veterinary Services User Fee System. 

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 the ‘‘routine uses’’ of the 

system be published for comment, we 

invite comment on all portions of this 

notice. 

DATES: This system will be adopted 

without further notice on April 23, 2012 

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 April 13, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/ 

#!documentDetail;D=APHIS-2010-0105- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2010–0105, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, Maryland 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2010-0105 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 


srobinson on DSK4SPTVN1PROD with NOTICES