Notice2021-26684
Privacy Act of 1974; System of Records
Primary source
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Published
December 9, 2021
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
Pursuant to the Privacy Act of 1974 and Office of Management and Budget Circular No. A-108, the U.S. Department of Agriculture (USDA) give notice that a component agency, the Animal and Plant Health Inspection Service (APHIS) proposes to modify an existing system of records notice titled Emergency Management Response System (EMRS), USDA/APHIS-11. This system, among other things, helps APHIS to manage and investigate incidents of foreign animal diseases within the United States.
Full Text
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<title>Federal Register, Volume 86 Issue 234 (Thursday, December 9, 2021)</title>
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[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70082-70086]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26684]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2020-0015]
Privacy Act of 1974; System of Records
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of a modified system of records.
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[[Page 70083]]
SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget Circular No. A-108, the U.S. Department of Agriculture
(USDA) give notice that a component agency, the Animal and Plant Health
Inspection Service (APHIS) proposes to modify an existing system of
records notice titled Emergency Management Response System (EMRS),
USDA/APHIS-11. This system, among other things, helps APHIS to manage
and investigate incidents of foreign animal diseases within the United
States.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
applicable upon publication, subject to a 30-day notice and comment
period in which to comment on the routine uses described in the routine
uses section of this system of records notice. Please submit any
comments by January 10, 2022.
ADDRESSES: You may submit comments by either of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Enter APHIS-2020-0015 in the Search field. Select
the Documents tab, then select the comment button in the list of
documents.
<bullet> Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2020-0015, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in our reading room, which
is located in Room 1620 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) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact
Dr. Fred G. Bourgeois, EMRS National Coordinator, Strategy and Policy,
National Preparedness and Incident Command, VS, APHIS, Lake Charles,
LA; (318) 288-4083; <a href="/cdn-cgi/l/email-protection#41273324256f266f232e343326242e283201343225206f262e37"><span class="__cf_email__" data-cfemail="680e1a0d0c460f460a071d1a0f0d07011b281d1b0c09460f071e">[email protected]</span></a>. For Privacy Act
questions concerning this system of records notice, please contact Ms.
Tonya Woods, Director, Freedom of Information and Privacy Act Staff,
4700 River Road, Unit 50, Riverdale, MD 20737; (301) 851-4076. For USDA
Privacy Act questions, please contact the USDA Chief Privacy Officer,
Information Security Center, Office of Chief Information Officer, USDA,
Jamie L. Whitten Building, 1400 Independence Ave. SW, Washington, DC
20250; email: <a href="/cdn-cgi/l/email-protection#7e2b2d3a3f2e0c17081f1d073e0b0d1a1f50191108"><span class="__cf_email__" data-cfemail="8bded8cfcadbf9e2fdeae8f2cbfef8efeaa5ece4fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture (USDA)
Animal and Plant Health Inspection Service (APHIS) is modifying an
existing system of records notice for APHIS' Emergency Management
Response System (EMRS), USDA/APHIS-11, which was last published on
April 30, 2008, in its entirety in the Federal Register (73 FR 23409-
23412, Docket No. APHIS-2008-0039).\1\
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\1\ To view the notice, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter
APHIS-2008-0039 in the Search field.
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EMRS is used by APHIS' Veterinary Services (VS) to help manage,
coordinate, report, and investigate activities such as incidents of
foreign animal diseases in the United States (including disposal,
cleaning and disinfection, and associated indemnity payments),
surveillance and control programs, State-specific disease outbreaks,
national animal health emergency responses (all-hazards), and allow for
tracing of animal movement and records, as well as premises and
activity mapping. If an animal disease were to be detected in the
United States, VS would activate its Incident Command System (ICS). ICS
team members are trained to control and eradicate foreign animal
diseases. As necessary and appropriate for the specific incident, team
members would, among other things, confirm the presence of the disease,
inspect infected and exposed animals, appraise the value of animals
that may have to be destroyed, conduct vaccination programs and
epidemiological studies, dispose of animal carcasses, and clean and
disinfect premises. Records of these activities would be maintained in
EMRS.
APHIS is making the following changes to the system of records
notice:
<bullet> Updating the system location and system manager;
<bullet> Updating the purpose of the system;
<bullet> Expanding the categories of individuals to identify the
roles of the APHIS employees included in the system and to add
responders and coordinators since these individuals will participate in
activities associated with the system;
<bullet> Making minor editorial changes to the categories of
records;
<bullet> Revising the record source categories to add reference to
a database within EMRS and to add that information in the system may be
obtained from the Financial Modernization Incentive for payment status;
<bullet> Updating the policies and practices for storage,
retrievability, and retention and disposal of records in the system;
<bullet> Updating the system safeguards;
<bullet> Updating the notification, record access, and contesting
record procedures; and
<bullet> Deleting, revising, redesignating, and establishing
routine uses as follows:
[cir] Revising current routine uses 1 and 2 to add reference to
Tribal animal health officials and, in routine use 1, adding that
information may be shared to identify premises before an event to allow
for faster response;
[cir] Deleting current routine use 3 because EMRS has never shared
data or connected data to/from the Department of Homeland Security's
(DHS) National Biosurveillance Integration System (now known as
Biosurveillance Common Operating Network (BCON)) and APHIS' Offshore
Pest Information System (OPIS). However, if this should change,
information would be shared with DHS' BCON system as described in
routine uses 1 and 2. A routine use for OPIS is not needed since it is
a system that is internal to USDA;
[cir] Revising current routine use 4 and redesignating it as
routine use 3. The changes are editorial and intended to more
accurately describe the referral of records to appropriate law
enforcement agencies, entities, and persons;
[cir] Revising current routine use 5 and redesignating it as
routine use 4. The changes are editorial and conforming changes;
[cir] Revising current routine use 6 and redesignating it as
routine use 5. The changes are editorial and intended to more
accurately describe the disclosure of records to a court or
adjudicative body;
[cir] Revising current routine use 7 and redesignating as routine
use 6. The changes are editorial and intended to more accurately
describe the disclosure of records to appropriate agencies;
[cir] Establishing new routine use 7 for disclosure to another
Federal agency or entity of information reasonably necessary to assist
in responding to a suspected or confirmed breach or to prevent,
minimize, or remedy harm, in accordance with Office of Management and
Budget (OMB) Memorandum M-17-12 (Preparing for and Responding to a
Breach of Personally Identifiable Information);
[cir] Revising current routine use 8. The changes are editorial and
intended to more accurately describe disclosure to USDA contractors and
other parties assisting in administering the program, analyzing data,
information
[[Page 70084]]
management systems, Freedom of Information Act requests, and audits;
[cir] Removing current routine use 9 since this routine use is
included in revised routine use 8;
[cir] Establishing new routine use 9 to describe disclosure to
Congressional offices in response to an inquiry made at the written
request of the individual to whom the record pertains; and
[cir] Revising current routine use 10 to more accurately reflect
where record management inspections may occur.
A report on the modified system of records, required by 5 U.S.C.
552a(r), as implemented by OMB Circular A-108, was sent to the
Chairman, Committee on Homeland Security and Governmental Affairs,
United States Senate; the Chairwoman, Committee on Oversight and
Reform, House of Representatives; and the Administrator, Office of
Information and Regulatory Affairs, OMB.
Done in Washington, DC, this 30th day of November 2021.
Jack Shere,
Acting Administrator, Animal and Plant Health Inspection Service.
SYSTEM NAME AND NUMBER:
USDA/APHIS-11, Emergency Management Response System (EMRS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATIONS:
The Animal and Plant Health Inspection Service (APHIS) located at
4700 River Road, Riverdale, MD 20737, is responsible for the system.
EMRS records are maintained in a Government-approved cloud server
accessed through secure data centers in the continental United States.
Paper files are held at various Veterinary Services (VS) national,
district, and field offices. Due to the number of offices, specific
addresses can be found at: <a href="https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/contact-us">https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/contact-us</a>. Cloud service providers are MS Azure
Government (US Gov Virginia), 101 Herbert Dr., Boydton, VA 23917
(Eastern Region); and MS Azure Government (US Gov Texas), 5150 Rogers
Road, San Antonio, TX 78251 (Western Region).
SYSTEM MANAGER:
EMRS National Coordinator, National Preparedness & Incident
Coordination, Veterinary Services, APHIS, USDA, Lake Charles, LA; (318)
288-4083.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Animal Health Protection Act (7 U.S.C. 8301 et seq.).
PURPOSES OF THE SYSTEM:
APHIS' VS program uses EMRS to help manage, coordinate, report, and
investigate activities such as incidents of foreign animal diseases in
the United States (including disposal, cleaning and disinfection, and
associated indemnity payments), surveillance and control programs,
State-specific disease outbreaks, national animal health emergency
responses (all-hazards), and allow for tracing of animal movement and
records, as well as premises and activity mapping. To fulfill this
purpose, EMRS allows for APHIS to use visualization software to build
premises maps and epidemiological models. EMRS will also maintain
information concerning APHIS employees who may be deployed as members
of Incident Command System teams.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by the system include, but are
not limited to, customers, such as State animal health officials and
industry, who obtain services under EMRS, including the owner or
operator of the premises where the animals subject to investigation are
located and the referring contact who provided initial premises
information; APHIS employees involved in the diagnostic and
investigation activities; and responders and cooperators.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in the system include:
Owner or operator of the premises where the animals subject to
investigation are located; the system includes the following
information, such as, but not limited to, the name; address (including
city, county, State, postal code, and latitude/longitude coordinates);
premises identification number; and telephone number.
Referring contact information, which includes name and telephone
number.
Case coordinator of the premises investigation. (The system
includes name, telephone number, and email address.)
APHIS employees. (The system includes information such as, but not
limited to, the name; agency, program, and group; current duty
assignment; encrypted employee identification number; grade, series,
and step; duty city and State; home address, including latitude/
longitude coordinates; home telephone number; home email address;
emergency contact information; work and field addresses, email
addresses and telephone numbers; supervisor contact information;
personal protective equipment type, size, and model; existing and
desired skills, experience and training; position certifications;
AgLearn training classes; medical clearance information; and a
description of property or fleet vehicle assigned to the employee.)
The system will also include nicknames, titles, and organization
for the entities above, as applicable.
RECORD SOURCE CATEGORIES:
Information in this system comes primarily from the customers,
including the owner or operator of the premises where the animals
subject to investigation are located, the referring contact who
provided initial premises information, and case coordinator. Such
information may be supplemented by information from an address-
validation database, by APHIS personnel during an on-site
investigation, by State and Tribal veterinary offices and State
laboratories, or by APHIS' National Veterinary Services Laboratories.
Information may also be obtained from the Financial Management
Modernization Incentive for payment status. Employee information is
obtained primarily from the employee. Additionally, employee
information may be obtained from the U.S. Department of Agriculture's
(USDA's) National Finance Center, AgLearn database, and Federal
Occupational Health, U.S. Department of Health and Human Services.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, records contained in the system may be
disclosed outside USDA as a routine use under 5.U.S.C. 552a(b)(3), to
the extent that such uses are compatible with the purposes for which
the information was collected. Such permitted routine uses include the
following:
(1) To certain Federal, State, and Tribal animal health officials
to identify premises before an event to allow for faster response,
monitor the status of an animal disease investigation, document actions
taken relating to an animal disease investigation, track the status of
animals susceptible to foreign animal diseases, determine the costs of
an animal disease investigation, monitor the use and availability of
assets and personnel relating to animal disease investigations, or
perform epidemiological and geospatial analyses of such investigations;
(2) To Federal, State, and Tribal animal health officials within
the system to obtain feedback regarding the
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EMRS system and emergency preparedness guidelines, and to educate and
involve them in program development, program requirements, and
standards of conduct;
(3) When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal, or regulatory in nature, and whether arising by
general statute or particular program, statute, or by regulation, rule,
or order issued pursuant thereto, disclosure may be made to the
appropriate agency, whether Federal, foreign, State, Tribal, local, or
other public authority responsible for enforcing, investigating, or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation, or order issued pursuant thereto, if
the information disclosed is relevant to any enforcement, regulatory,
investigative, or prosecutive responsibility of the receiving entity;
(4) To the Department of Justice when: (a) USDA or any component
thereof; or (b) any employee of USDA in his or her official capacity,
where the Department of Justice has agreed to represent the employee;
or (c) the United States Government, is a party to litigation or has an
interest in such litigation, and 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 for a purpose that is
compatible with the purpose for which USDA collected the records;
(5) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when USDA or other
Agency representing USDA determines that the records are relevant and
necessary to the proceeding; or in an appropriate proceeding before an
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding;
(6) To appropriate agencies, entities, and persons when: (a) USDA
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) USDA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, USDA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (c) 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;
(7) To another Federal agency or Federal entity, when information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (a) responding to a suspected or
confirmed breach or (b) preventing, minimizing, or remedying the risk
of harm to individuals, the agency (including its information systems,
programs, and operations), the Federal Government, or national
security;
(8) To contractors and their agents, grantees, experts,
consultants, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for the USDA, when
necessary to accomplish an agency function related to this system of
records;
(9) To a Congressional office in response to an inquiry from that
Congressional office made at the written request of the individual
about whom the record pertains; and
(10) To the National Archives and Records Administration (NARA) or
other Federal Government agencies pursuant to records management
inspections being conducted under 44 U.S.C. 2904 and 2906.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records are stored on servers located as indicated above
under ``System Locations''. Paper files are held at various VS
national, district, and field offices that are locked during non-
business hours and require presentation of employee identification for
admittance and access at all times.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Data can be retrieved only by personnel who successfully
authenticate using their eAuthentication PIV or eAuthentication
username/password credential and are authorized with specific EMRS
role(s). Data can be retrieved by premises identification number,
reference control number, name, premises, incident group, or incident
site. Data regarding an employee, cooperator, or responder can be
retrieved by name, nickname, employee identification number, title,
organization, property, or fleet vehicle.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA-approved records disposition authorities,
paper records will be retained for the following periods of time: All
incident-related premise record data associated with a foreign animal
disease investigation will be retained for a period of 50 years. For
the remaining records, APHIS is in the process of preparing a records
disposition request from NARA, and these records will be retained until
appropriate disposition authority is obtained from NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The EMRS safeguards include management, operational, and technical
controls to prevent misuse of data by system users. These controls
include role-based access. State and Tribal entities have access
limited to data from their State or area. Access to the restricted
portions of the database system requires certain levels of
authorization through USDA eAuthentication, which is a system that
enables individuals to obtain user-identification accounts with
password-protected access to certain USDA web-based applications and
services through the internet. APHIS personnel who input data must have
a high-level eAuthentication account.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
submitted to the APHIS Privacy Act Officer, 4700 River Road, Unit 50,
Riverdale, MD 20737; or by facsimile (301) 734-5941; or by email
<a href="/cdn-cgi/l/email-protection#7130213938222103180710120831040215105f161e07"><span class="__cf_email__" data-cfemail="5514051d1c0605273c2334362c15202631347b323a23">[email protected]</span></a>. In accordance with 7 CFR 1.112 (Procedures for
requests pertaining to individual records in a record system), the
request must include the full name of the individual making the
request; the name of the system of records; and preference of
inspection, in person or by mail. In accordance with 7 CFR 1.113, prior
to inspection of the records, the requester shall present sufficient
identification (e.g., driver's license, employee identification card,
social security card, credit cards) to establish that the requester is
the individual to whom the records pertain. In addition, if an
individual submitting a request for access wishes to be supplied with
copies of the records by mail, the requester must include with his or
her request sufficient data for the agency to verify the requester's
identity.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their request to the address indicated
above in the ``RECORD ACCESS PROCEDURES'' paragraph and must follow the
procedures set forth in 7 CFR 1.116 (Request for correction or
[[Page 70086]]
amendment to record). All requests must state clearly and concisely
what record is being contested, the reasons for contesting it, and the
proposed amendment to the record.
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individuals request information utilizing the
same procedures as those identified in the ``RECORD ACCESS PROCEDURES''
paragraph above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
On April 30, 2008 (73 FR 23409-23412, Docket No. APHIS-2008-0039),
USDA/APHIS-11, ``Emergency Management Response System'' was published
as a new system of records and effective on June 9, 2008.
[FR Doc. 2021-26684 Filed 12-8-21; 8:45 am]
BILLING CODE 3410-34-P
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