This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

9584 

Vol. 74, No. 42 

Thursday, March 5, 2009 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

Notice of Proposed Revision to the 

Privacy Act System of Records 

AGENCY: Office of the Secretary, USDA. 

ACTION: Notice of proposed revision to 

the Privacy Act System of Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

U.S. Department of Agriculture (USDA), 

Office of Inspector General (OIG) is 

proposing a revision to its system of 

records, by creating the Office of Audit’s 

Research Aggregated Data Analysis 

Repository (‘‘RADAR’’), USDA/OIG–8. 

RADAR will house USDA data collected 

by OIG in order to detect fraud, waste, 

and abuse by utilizing software to 

match, merge, and analyze the data. 

USDA invites public comment on this 

revision of its records system. 

DATES: Effective Date: This notice will 

be adopted without further publication 

in the Federal Register on May 4, 2009 

unless modified by a subsequent notice 

to incorporate comments received from 

the public. Comments must be received 

by the contact person listed below on or 

before April 6, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David R. Gray, Counsel to the Inspector 

General, Office of Inspector General, 

U.S. Department of Agriculture, 1400 

Independence Avenue, SW., Room 441– 

E, Washington, DC 20250–2308: (202) 

720–9110, Facsimile: (202) 690–1528, email: drgray@oig.usda.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Privacy Act, 5 

U.S.C. 552a(e)(11), USDA OIG proposes 

to revise its system of records, by adding 

a new Privacy Act system of records, 

USDA/OIG–8. The full system of 

records was last published in the 

Federal Register on pages 61262–61266, 

62 FR 61262, et seq., November 17, 

1997; and was last amended on pages 

21389–21391, 70 FR 21389, et seq., 

April 26, 2005; and on pages 43398– 

43400, 73 FR 43398, et seq., July 25, 

2008. 

OIG proposes to add a new system of 

records by adding USDA/OIG–8, Office 

of Audit’s Research Aggregated Data 

Analysis Repository (‘‘RADAR’’). The 

RADAR system will contain information 

from other USDA systems of records, 

and OIG has limited its usage to OIG 

employees on a need-to-know basis. 

All other aspects of OIG’s system of 

records remain unchanged and are as 

published. A ‘‘Report on New System,’’ 

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 

Governmental Reform, U.S. House of 

Representatives; and the Administrator, 

Office of Information and Regulatory 

Affairs, OMB. 

Dated: February 25, 2009. 

Thomas J. Vilsack, 

Secretary. 

USDA/OIG–8 

SYSTEM NAME: 

Office of Audit’s Research Aggregated 

Data Analysis Repository (‘‘RADAR’’) 

System, USDA/OIG. 

Security Classification: None. 

SYSTEM LOCATION: 

In the headquarters offices of the U.S. 

Department of Agriculture (USDA), 

Office of Inspector General (OIG), Jamie 

L. Whitten Federal Building, 1400 

Independence Avenue, SW., 

Washington, DC 20250. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who participate in 

programs funded, monitored, and 

administered by USDA. Other 

individuals who are connected with the 

individuals, organizations, or firms who 

participate in programs funded, 

monitored, and administered by USDA, 

including the names of the subjects of 

OIG audits and investigations; the 

counties, cities, and States in which the 

subjects were located or had an interest 

in a USDA program. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

RADAR will house USDA data in 

order to detect fraud, waste, and abuse 

by utilizing software to match, merge, 

and analyze the data. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Inspector General Act of 1978, 5 

U.S.C. app.; 5 U.S.C. 301 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

(1) A record from the system of 

records which indicates either by itself 

or in combination with other 

information, a violation or potential 

violation of a contract or of law, 

whether civil, criminal, or regulatory, or 

which otherwise reflects on the 

qualifications or fitness of a licensed (or 

seeking to be licensed) individual, may 

be disclosed to a Federal, State, local, 

foreign, or self-regulatory agency 

(including but not limited to 

organizations such as professional 

associations or licensing boards), or 

other public authority that investigates 

or prosecutes or assists in such 

investigation, prosecution, enforcement, 

implementation, or issuance of the 

statute, rule, regulation, order, or 

license. 

(2) A record from the system of 

records may be disclosed to a Federal, 

State, local, or foreign agency, other 

public authority, consumer reporting 

agency, or professional organization 

maintaining civil, criminal, or other 

relevant enforcement or other pertinent 

records, such as current licenses, in 

order to obtain information relevant to 

an OIG decision concerning employee 

retention or other personnel action, 

issuance of a security clearance, letting 

of a contract or other procurement 

action, issuance of a benefit, 

establishment of a claim, collection of a 

delinquent debt, or initiation of an 

administrative, civil, or criminal action. 

(3) A record from the system of 

records may be disclosed to a Federal, 

State, local, foreign, or self-regulatory 

agency (including but not limited to 

organizations such as professional 

associations or licensing boards), or 

other public authority, to the extent the 

information is relevant and necessary to 

the requestor’s hiring or retention of an 

individual or any other personnel 

action, issuance or revocation of a 

security clearance, license, grant, or 

other benefit, establishment of a claim, 

letting of a contract, reporting of an 

investigation of an individual, for 

purposes of a suspension or debarment 


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Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices 9585 

action, or the initiation of 

administrative, civil, or criminal action. 

(4) A record from the system of 

records may be disclosed to any 

source—private or public—to the extent 

necessary to secure from such source 

information relevant to a legitimate OIG 

investigation, audit, or other inquiry. 

(5) A record from the system of 

records may be disclosed to the 

Department of Justice in the course of 

litigation when the use of such records 

by the Department of Justice is deemed 

relevant and necessary to the litigation 

and may be disclosed in a proceeding 

before a court, adjudicative body, or 

administrative tribunal, or in the course 

of civil discovery, litigation, or 

settlement negotiations, when a party to 

a legal action or an entity or individual 

having an interest in the litigation 

includes any of the following: 

(a) The OIG or any component 

thereof; 

(b) Any employee of the OIG in his or 

her official capacity; 

(c) Any employee of the OIG in his or 

her individual capacity where the 

Department of Justice has agreed to 

represent the employee; or 

(d) The United States, where the OIG 

determines that litigation is likely to 

affect USDA or any of its components. 

(6) A record from the system of 

records may be disclosed to a Member 

of Congress from the record of an 

individual in response to an inquiry 

from the Member of Congress made at 

the request of that individual. In such 

cases however, the Member’s right to a 

record is no greater than that of the 

individual. 

(7) A record from the system of 

records may be disclosed to the 

Department of Justice for the purpose of 

obtaining its advice on an OIG audit, 

investigation, or other inquiry, 

including Freedom of Information or 

Privacy Act matters. 

(8) A record from the system of 

records may be disclosed to the Office 

of Management and Budget for the 

purpose of obtaining its advice 

regarding OIG obligations under the 

Privacy Act or in connection with the 

review of private relief legislation. 

(9) A record from the system of 

records may be disclosed to a private 

firm with which OIG contemplates it 

will contract or with which it has 

contracted for the purpose of performing 

any functions or analyses that facilitate 

or are relevant to an OIG investigation, 

audit, inspection, or other inquiry. Such 

contractor or private firm shall be 

required to maintain Privacy Act 

safeguards with respect to such 

information. 

(10) A record from the system of 

records may be disclosed in response to 

a subpoena issued by a Federal agency 

having the power to subpoena records of 

other Federal agencies if the OIG 

determines that: (a) The records are both 

relevant and necessary to the 

proceeding, and (b) such release is 

compatible with the purpose for which 

the records were collected. 

(11) A record from the system of 

records may be disclosed to a grand jury 

agent pursuant either to a Federal or 

State grand jury subpoena, or to a 

prosecution request that such record be 

released for the purpose of its 

introduction to a grand jury, provided 

that the grand jury channels its request 

through the cognizant U.S. Attorney, 

that the U.S. Attorney has been 

delegated the authority to make such 

requests by the Attorney General, and 

that the U.S. Attorney actually signs the 

letter specifying both the information 

sought and the law enforcement 

purpose served. In the case of a State 

grand jury subpoena, the State 

equivalent of the U.S. Attorney and 

Attorney General shall be substituted. 

(12) A record from the system of 

records may be disclosed, as a routine 

use, to a Federal, State, local, or foreign 

agency, or other public authority, for 

use in computer matching programs to 

prevent and detect fraud and abuse in 

benefit programs administered by any 

agency, to support civil and criminal 

law enforcement activities of any agency 

and its components, and to collect debts 

and overpayments owed to any agency 

and its components. 

(13) Relevant information from a 

system of records may be disclosed to 

the news media and general public 

where there exists a legitimate public 

interest, e.g., to assist in the location of 

fugitives, to provide notification of 

arrests, or where necessary for 

protection from imminent threat of life 

or property. 

(14) A record may be disclosed to any 

official charged with the responsibility 

to conduct qualitative assessment 

reviews or peer reviews of internal 

safeguards and management procedures 

employed in investigative operations. 

This disclosure category includes 

members of the President’s Council on 

Integrity and Efficiency and officials 

and administrative staff within their 

investigative chain of command, as well 

as authorized officials of the Department 

of Justice and the Federal Bureau of 

Investigation. 

(15) In the event that these records 

respond to an audit, investigation or 

review, which is conducted pursuant to 

an authorizing law, rule or regulation, 

and in particular those conducted at the 

request of the President’s Council on 

Integrity and Efficiency (‘‘PCIE’’) 

pursuant to Executive Order 12993, the 

records may be disclosed to the PCIE 

and other Federal agencies, as 

necessary. 

(16) To appropriate agencies, entities, 

and persons when (1) OIG 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 or 

other systems or programs (whether 

maintained by USDA or another agency 

or entity) that rely upon the 

compromised 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. 

STORAGE: 

The RADAR System consists of 

computerized and paper records. 

RETRIEVABILITY: 

The records are retrieved by names, 

addresses, social security numbers, and 

tax identification numbers of USDA 

program participants or by case 

numbers. 

SAFEGUARDS: 

Computerized records are maintained 

in a secure, password protected 

computer system. The computer server 

is maintained in a secure, accesscontrolled area within an accesscontrolled building. 

Paper records are kept in limited 

access areas during duty hours and in 

locked offices during non-duty hours. 

RETENTION AND DISPOSAL: 

Records are retained and disposed of 

in accordance with USDA/OIG Records 

Control Schedules approved by the 

National Archives and Records 

Administration. 

SYSTEM MANAGER(S) AND ADDRESS: 

Assistant Inspector General for Audit, 

Office of Inspector General, U.S. 

Department of Agriculture, 1400 

Independence Avenue, SW., 

Washington, DC 20250. 

RECORD ACCESS PROCEDURES: 

To request access to information in 

this system, write to the Assistant 

Inspector General for Audit, Office of 

Inspector General, U.S. Department of 


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9586 Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices 

Agriculture, 1400 Independence 

Avenue, SW., Washington, DC 20250. 

CONTESTING RECORDS PROCEDURE: 

An individual may contest 

information in this system which 

pertains to him/her by submitting a 

written request to the Assistant 

Inspector General for Audit, Office of 

Inspector General, U.S. Department of 

Agriculture, 1400 Independence 

Avenue, SW., Washington, DC 20250. 

This system may contain records 

originated by USDA agencies and 

contained in the USDA’s other systems 

of records. Where appropriate, 

coordination will be effected with the 

appropriate USDA agency regarding an 

individual’s contesting of records in the 

relevant system of records. 

[FR Doc. E9–4655 Filed 3–4–09; 8:45 am] 

BILLING CODE 3410–23–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

Notice of Request for Extension of 

Currently Approved Information 

Collection 

AGENCY: Commodity Credit Corporation, 

USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Commodity Credit 

Corporation’s (CCC) intention to request 

an extension from the Office of 

Management and Budget (OMB) for a 

currently approved information 

collection in support of the Technical 

Assistance for Specialty Crops (TASC) 

program. 

DATES: Comments on this notice must be 

received by May 4, 2009 to be assured 

of consideration. 

ADDITIONAL INFORMATION OR COMMENTS: 

Contact Director, Program Operations 

Division, Foreign Agricultural Service, 

Portals Office Building, Suite 400, 1250 

Maryland Avenue, SW., Washington, 

DC 20024, (202) 720–4327, fax: (202) 

720–9361, e-mail: 

ppsadmin@fas.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Technical Assistance for 

Specialty Crops. 

OMB Number: 0551–0038. 

Expiration Date of Approval: June 30, 

2009. 

Type of Request: Extension of a 

currently approved information 

collections. 

Abstract: This information is needed 

to administer the CCC Technical 

Assistance for Specialty Crops program. 

The information will be gathered from 

applicants desiring to receive grants 

under the program to determine the 

viability of requests for funds. 

Regulations governing the program 

appear at 7 CFR part 1487 and are 

available on the Foreign Agricultural 

Service’s Web site. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 32 hours per 

respondent. 

Respondents: U.S. government 

agencies, State government agencies, 

non-profit trade associations, 

universities, agricultural cooperatives, 

and private companies. 

Estimated Number of Respondents: 

50. 

Estimated Number of Responses per 

Respondent: 5. 

Estimated Total Annual Burden on 

Respondents: 1,600 hours. 

Copies of this information collection 

can be obtained from Tamoria 

Thompson-Hall, the Agency Information 

Collection Coordinator, at (202) 690– 

1690. 

Request for Comments: Send 

comments regarding the accuracy of the 

burden estimate and ways to minimize 

the burden, including through the use of 

automated collection techniques or 

other forms of information technology, 

or any other aspect of this collection of 

information. Persons with disabilities 

who require an alternative means for 

communication of information (Braille, 

large print, audiotape, etc.) should 

contact USDA’s Target Center at (202) 

720–2600 (voice and TDD). 

Comments may be sent to Director, 

Program Operations Division, Foreign 

Agricultural Service, Portals Office 

Building, Suite 400, 1250 Maryland 

Avenue, SW., Washington, DC 20024 

and the Desk Officer for Agriculture, 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Washington, DC 20503. 

Facsimile submissions may be sent to 

(202) 720–9361 and electronic mail 

submissions should be addressed to: 

ppsadmin@fas.usda.gov. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Signed at Washington, DC on January 27, 

2009. 

Suzanne Hale, 

Acting Administrator, Foreign Agricultural 

Service, and Acting Vice President, 

Commodity Credit Corporation. 

[FR Doc. E9–4698 Filed 3–4–09; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

Notice of Request for Revision of 

Currently Approved Information 

Collection 

AGENCY: Commodity Credit Corporation, 

USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Commodity Credit 

Corporation’s (CCC) intention to request 

a revision from the Office of 

Management and Budget (OMB) for a 

currently approved information 

collection process in support of the 

Foreign Market Development 

Cooperator’s (Cooperator) Program and 

the Market Access Program (MAP). 

DATES: Comments on this notice must be 

received by May 4, 2009 to be assured 

of consideration. 

Additional Information or Comments: 

Contact Director, Program Operations 

Division, Foreign Agricultural Service, 

Portals Office Building, Suite 400, 1250 

Maryland Avenue, SW., Washington, 

DC 20024, (202) 720–4327, fax: (202) 

720–9361, e-mail: 

ppsadmin@fas.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Foreign Market Development 

(Cooperator) Program and Market 

Access Program. 

OMB Number: 0551–0026. 

Expiration Date of Approval: June 30, 

2009. 

Type of Request: Revision of a 

currently approved information 

collection process. 

Abstract: The primary objective of the 

Cooperator’s Program and MAP is to 

encourage and aid in the creation, 

maintenance, and expansion of 

commercial export markets for U.S. 

agricultural products through cost-share 

assistance to eligible trade 

organizations. The programs are a 

cooperative effort between CCC and 

eligible trade organizations. Currently, 

there are approximately 70 

organizations participating directly in 

the programs with activities in more 

than 100 countries. 

Prior to initiating program activities, 

each Cooperator or MAP participant 

must submit a detailed application to 

the Foreign Agricultural Service (FAS) 

which includes an assessment of 

overseas market potential; market or 

country strategies, constraints, goals, 

and benchmarks; proposed market 

development activities; estimated 

budgets; and performance 


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