Notice2022-05746
Privacy Act of 1974; New System of Records
Primary source
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Published
March 22, 2022
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
In accordance with the Privacy Act of 1974, as amended, the Department of Agriculture (USDA) proposes a new Food Safety and Inspection Service (FSIS) system of records entitled: USDA/FSIS-0005, AssuranceNet (ANet). ANet is a Web-based system that collects information to support FSIS' mission through detecting vulnerabilities in food safety systems, processes, and functions so that the potential for harm can be promptly identified, reduced, and eliminated. The information stored in ANet is gathered from various electronic and paper-based sources, and is used to track, measure, and monitor activities and performance. The System also alerts FSIS' management officials to the performance of critical public health and food defense functions; assists in discerning trends; identifies and focuses on areas of high-risk; and helps to determine strategies to combat threats to food safety and food defense. Within ANet, FSIS maintains contact and other identifying information about Federal employees, State employees, contractors of USDA, government officials, and representatives who work at or are associated with the work at meat and poultry establishments and egg products plants.
Full Text
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<title>Federal Register, Volume 87 Issue 55 (Tuesday, March 22, 2022)</title>
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[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16163-16165]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05746]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2011-0031]
Privacy Act of 1974; New System of Records
AGENCY: U.S. Department of Agriculture, Food Safety and Inspection
Service.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Department of Agriculture (USDA) proposes a new Food Safety and
Inspection Service (FSIS) system of records entitled: USDA/FSIS-0005,
AssuranceNet (ANet). ANet is a Web-based system that collects
information to support FSIS' mission through detecting vulnerabilities
in food safety systems, processes, and functions so that the potential
for harm can be promptly identified, reduced, and eliminated. The
information stored in ANet is gathered from various electronic and
paper-based sources, and is used to track, measure, and monitor
activities and performance. The System also alerts FSIS' management
officials to the performance of critical public health and food defense
functions; assists in discerning trends; identifies and focuses on
areas of high-risk; and helps to determine strategies to combat threats
to food safety and food defense. Within ANet, FSIS maintains contact
and other identifying information about Federal employees, State
employees, contractors of USDA, government officials, and
representatives who work at or are associated with the work at meat and
poultry establishments and egg products plants.
DATES: Applicable Date: April 21, 2022. Written comments must be
received on or before the above date. The proposed system will be
adopted on the above date, without further notice, unless it is
modified in response to comments, in which case the notice will be
republished.
ADDRESSES: FSIS invites interested persons to submit comments on the
notice. Comments may be submitted by one of the following methods:
<bullet> Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field on this
web page or attach a file for lengthier comments. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the on-line instructions at that site for
submitting comments.
<bullet> Mail: Send to Docket Clerk, U.S. Department of
Agriculture, Food Safety and Inspection Service, 1400 Independence
Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
<bullet> Hand- or courier-delivered submittals: Deliver to 1400
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E,
Washington, DC 20250-3700.
Instructions: All items submitted by mail or electronic mail must
include the Agency name and docket number FSIS-2011-0031. Comments
received in response to this docket will be made available for public
inspection and posted without change, including any personal
information, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Docket: For access to background documents or comments received,
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at
1400 Independence Avenue SW, Washington, DC 20250-3700.
FOR FURTHER INFORMATION CONTACT: Scott Safian, AssuranceNet System
Owner/Manager, Enforcement and Litigation Division, Office of
Investigation, Enforcement and Audit, Food Safety and Inspection
Service, 1400 Independence Ave. SW, Washington, DC, 20250; Telephone
202-418-8872. FOR PRIVACY Questions: Privacy Office, Office of the
Chief Information Officer, USDA, 1400 Independence Ave. SW, Washington,
DC, 20250; Telephone 202-619-8503.
SUPPLEMENTARY INFORMATION: The Privacy Act requires agencies to publish
in the Federal Register (FR) a notice of any new or revised system of
records. A ``system of records'' is a group of any records under the
control of an agency from which information is retrievable by the name
of the individual or by some unique identifier assigned to the
individual. USDA is proposing to establish a new System of Records
Notice, entitled USDA/FSIS-0005, AssuranceNet (ANet).
The primary purpose of ANet is to enable oversight, monitoring, and
management of critical public health activities related to meat,
poultry, and egg products manufactured and handled by businesses under
the regulatory oversight of FSIS. ANet tracks, measures, and monitors
critical public health information and regulatory functions executed by
FSIS employees. ANet's data enables FSIS to ensure that critical public
health functions and activities are performed effectively, according to
designated schedules and times, and that the methods used are
standardized and traceable. The System compares actual performance with
predetermined performance measures of the individual regulated
businesses and Agency employees, and in aggregate groups of
establishments and in-commerce facilities, program circuits, regions
and districts, and by program activities and projects.
FSIS program areas currently use ANet to monitor public health
regulatory activities. ANet tracks regulatory, compliance, and
performance information related to inspection, surveillance,
enforcement, and litigation activities and compares this data to
performance targets. The data comparisons allow for management
oversight and control of regulatory activities and agency performance
across several diverse program areas. ANet strengthens FSIS' ability to
analyze the effectiveness of its regulatory policies and procedures and
assures that its methods, evaluations, and enforcement activities are
standardized and traceable nationwide.
ANet comprises multiple systems and system functions. The System's
structure consists of the components that provide application security,
application navigation, business logic processing, data storage and
retrieval, data presentation, report creation and distribution,
performance management, document management, and workflow management.
The USDA is issuing a Notice of Proposed Rulemaking to exempt this
System of Records from certain provisions of the Privacy Act. A Privacy
Impact Assessment is posted on <a href="https://www.usda.gov/sites/default/files/documents/fsis-assurance-net-pia.pdf">https://www.usda.gov/sites/default/files/documents/fsis-assurance-net-pia.pdf</a>.
In accordance with the Privacy Act, as implemented by the Office of
Management and Budget (OMB) Circular A-108, USDA has provided a report
of this proposed new system of records to the Chair of the Committee on
Homeland Security and Governmental Affairs, United States Senate; the
Chair of the Committee on Oversight and Government Reform, House of
Representatives; and the Administrator of the Office of Information and
Regulatory Affairs, OMB.
Done, in Washington, DC
Paul Kiecker,
Administrator.
SYSTEM NAME AND NUMBER:
AssuranceNet (ANet), USDA/FSIS-0005.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the U.S. Department of Agriculture, 1400
Independence Avenue SW, Washington, DC 20250, and at USDA's National
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Information Technology Center facility at 8930 Ward Parkway, Kansas
City, Missouri, 64114.
SYSTEM MANAGER:
Director, Enforcement and Litigation Division, Office of
Investigation, Enforcement and Audit, Food Safety and Inspection
Service, 355 E Street SW, Room 9-205, Patriots Plaza 3, Washington, DC
20024.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Poultry Products Inspection Act (21 U.S.C. 451 et seq.); Federal
Meat Inspection Act (21 U.S.C. 601 et seq.); Egg Products Inspection
Act (21 U.S.C. 1031 et seq.); Humane Methods of Livestock Slaughter Act
of 1978 (7 U.S.C. 1901-1906); Authority to Operate (ATO), dated 03/23/
2017.
PURPOSE OF THE SYSTEM:
The primary role of this web-based electronic database is to ensure
data relating to work performed by employees, individually and in
aggregate, is collected and maintained, as is information regarding
management controls, performance tracking, and performance measurements
associated with inspection, enforcement, laboratory sampling, pathogen
reduction, recalls, import surveillance and re-inspection,
investigations, policy development, management projects, and litigation
activities.
ANet supports the various regulatory and enforcement functions
critical to FSIS' food safety mission to ensure that meat, poultry, and
egg products are safe, wholesome, unadulterated and properly labeled.
Using ANet, FSIS monitors regulatory inspection, verification,
compliance, enforcement, sampling, and other data and information to
discern trends, causes, outcomes, and to measure the effectiveness of
Agency efforts in protecting public health. Through its ability to
schedule and analyze the use of FSIS resources, ANet also improves the
Agency's ability to respond to naturally occurring events, accidents,
and intentional acts that can put food and the food supply chain at
risk.
ANet provides program offices with a central repository for
reporting, managing, and analyzing in-plant and in-commerce data. It is
designed to (1) assess the performance of non-supervisory in-plant
inspection personnel, (2) assess the performance of in-plant
supervisory personnel, (3) oversee surveillance and enforcement
activities, (4) document all phases of a compliance action, (5)
consolidate the existing information data reporting applications and
aggregate performance data, and (6) document and report compliance and
enforcement activities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
All individuals granted access to ANet are covered: (1) Employees
and contractors of USDA (``USDA Personnel''); and (2) government
officials (domestic and foreign) (``Other State and Federal Government
Officials''). All individuals, even if they are not users of ANet, who
are mentioned or referenced in any documents entered into ANet by a
user are also covered. This group may include, but is not limited to:
Establishment workers, vendors, agents, interviewees, as well as
private citizens who become involved with FSIS investigations.
CATEGORIES OF RECORDS IN THE SYSTEM:
ANet contains the names and contact information of Federal
employees and State employees who work at or are associated with the
work at a plant. Contact information, including first and last names,
telephone numbers, and work, home, or email addresses, will be retained
for operators or officials of establishments or in-commerce facilities,
as well as for private citizens involved with FSIS investigations.
RECORDS SOURCE CATEGORIES:
Information is obtained directly from the individual and firm (or
designee) that is the subject of the records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, all or a portion of the records or
information contained in this system may be disclosed outside of USDA
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. To the U.S. Department of Justice (DOJ or other Federal agency
conducting litigation or in proceedings before any court, adjudicative
or administrative body, when it is necessary for the litigation and one
of the following is a party to the litigation or has an interest in
such litigation:
a. USDA or any component thereof;
b. Any employee of USDA in his/her official capacity;
c. Any employee of USDA in his/her individual capacity where DOJ or
USDA has agreed to represent the employee; or
d. The United States or any agency thereof and if the USDA
determines that the records are both relevant and necessary to the
litigation and the use of such records is compatible with the purpose
for which USDA collected the records.
2. To the National Archives and Records Administration (NARA) or
other Federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
3. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
4. 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 such audit or
oversight function. This would include, but not be limited to, the
Comptroller General or any of his/her authorized representatives in the
course of the performance of the duties of the Government
Accountability Office, or USDA's Office of the Inspector General or any
authorized representatives of that office.
5. To appropriate agencies, entities, and persons when:
a. USDA suspects or has confirmed that there has been a breach of
the system of records.
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 breach or to prevent, minimize,
or remedy such harm.
6. To another Federal agency or Federal entity when USDA determines
that 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 recipient agency or entity (including
its information systems, programs, and operations), the Federal
government or national security, resulting from a suspected or
confirmed breach.
7. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for USDA, when necessary to
accomplish an Agency function related to this system of records.
Individuals who provided information under this routine
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use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to USDA officers and employees.
8. 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, State, local, tribal, foreign, or
other public authority responsible for investigating, enforcing or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation, or order issued pursuant thereto, if
that information disclosed is relevant to any enforcement, regulatory,
investigative, or prospective responsibility of the receiving entity.
9. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
10. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or appropriate authority responsive
for protecting public health, preventing or monitoring disease or
illness outbreaks, or ensuring the safety of the food supply. This
includes the Department of Health and Human Services and its agencies,
including the Centers for Disease Control and Prevention and the Food
and Drug Administration, other Federal agencies, and State, tribal, and
local health departments.
11. To a court or adjudicative body in proceeding when: (a) USDA or
any component thereof, or (b) any employee of USDA in his or her
official capacity; or (c) any employee of USDA in his or her individual
capacity where USDA has agreed to represent the employee, or the United
States Government, is a party to the litigation or has an interest in
such litigation, and USDA determines that the records are both relevant
and necessary to the litigation; and that use of such records is
therefore deemed by USDA to be for a purpose that is compatible with
the purpose for which USDA collected the records.
12. To an establishment regulated by FSIS, but only in connection
with the USDA/FSIS investigation of establishments and verification
activities.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The system includes a database, electronic documents and paper
records. The storage for the database records is a dedicated virtual
server located in the USDA NITC facility in Kansas City, MO. Duplicate
records are maintained at the USDA NITC facility in St. Louis, MO. The
primary storage for the electronic documents is a records management
system managed and hosted by USDA at their Enterprise Data Centers in
Kansas City, MO and Saint Louis, MO. Paper records are maintained in
the USDA offices where they were created. Records backup storage is
maintained by NITC Personnel in a virtual tape library at the USDA NITC
facility in Kansas City, MO. Copies of the backup records are
maintained at the USDA NITC facility in St. Louis, MO.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are primarily retrieved using a unique identifier such as
case ID or investigation file number. Records may also be retrieved by
case type, date range, firm ID, firm name, region, or key word search.
Names can also be used to retrieve individual records; however, using
the case ID or other database fields reduces the need for retrieval by
information that could identify an individual.
POLICIES AND PROCEDURES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be destroyed or retired in accordance with the USDA's
published records disposition schedules, as approved by the NARA. A
master file backup is created at the end of the calendar year and
maintained in St. Louis Mo. The St. Louis offsite storage site is
located approximately 250 miles from the primary data facility and is
not susceptible to the same hazards.
ADMINISTRATION, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded by restricting
accessibility, in accordance with USDA security and access policies.
The safeguarding includes: Firewall(s), network protection, and an
encrypted password. Each user is assigned a level of role-based access,
which is strictly controlled and granted through USDA-approved, secure
application (Level 2 eAuthentication) after the user has successfully
completed the Government National Agency Check with Inquiries (NACI)
investigation. Controls are in place to preclude anonymous usage and
browsing.
RECORDS ACCESS PROCEDURES:
Because individual access to these records would impair
investigations and alert subjects that their activities are being
scrutinized, the Agency proposes to exempt portions of this system from
the notification and access procedures of the Privacy Act, pursuant to
section (k)(2) and USDA's implementing regulations at 7 CFR part 1.
However, individuals seeking notification of and access to their
records should submit a written request, with reasonable specificity,
to the FSIS Freedom of Information Act (FOIA) Office at: 1400
Independence Ave. SW, Room 1168-South, Mail Stop No. 3713, Washington,
DC 20250. Requests for such access will be reviewed on a case-by-case
basis.
CONTESTING RECORDS PROCEDURES:
In accordance with the 7 CFR part 1, individuals seeking 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 should contain: Name, address, ZIP code,
name of the system of records, year of records in question, and any
other pertinent information to help identify the file.
NOTIFICATION PROCEDURES:
See ``Records Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The USDA/FSIS-0005, AssuranceNet system of records is exempt from
subsections (c)(3), (c)(4), (d)(1)-(4), (e)(1)-(3), (e)(4)(G)-(I), (f),
and (g) of the Privacy Act, 5 U.S.C. 552a, to the extent it contains
investigatory material compiled for law enforcement purposes in
accordance with 5 U.S.C. 552a(k) (2). In addition, to the extent a
record contains information from other exempt systems of records, USDA
will rely on the exemptions claimed for those systems.
HISTORY:
None.
[FR Doc. 2022-05746 Filed 3-21-22; 8:45 am]
BILLING CODE 3410-DM-P
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</html>Indexed from Federal Register on March 22, 2022.
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