Notice2024-15113
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 10, 2024
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) gives notice that a component agency, the Animal and Plant Health Inspection Service (APHIS), proposes to modify an existing system of records notice titled Wildlife Services Management Information System, USDA/APHIS-9. Among other changes, the system will be renamed Wildlife Services Information Management System, USDA/APHIS- 9. Wildlife Services Information Management System serves as the official record of Wildlife Services' work in wildlife damage management activities related to agriculture, human health and safety, natural resources, and human property.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56715-56719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15113]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2021-0069]
Privacy Act of 1974; System of Records
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
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) gives notice that a component agency, the Animal and Plant
Health Inspection Service (APHIS), proposes to modify an existing
system of records notice titled Wildlife Services Management
[[Page 56716]]
Information System, USDA/APHIS-9. Among other changes, the system will
be renamed Wildlife Services Information Management System, USDA/APHIS-
9. Wildlife Services Information Management System serves as the
official record of Wildlife Services' work in wildlife damage
management activities related to agriculture, human health and safety,
natural resources, and human property.
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 August 9, 2024.
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-2021-0069 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-2021-0069, 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
Ms. Felicia L. Hubb, Staff Wildlife Biologist, APHIS, Wildlife
Services, 4700 River Road, Unit 87, Riverdale, MD 20737; (301) 851-
3996; <a href="/cdn-cgi/l/email-protection#6224070e0b010b034c2e4c2a17000022171106034c050d14"><span class="__cf_email__" data-cfemail="6b2d0e070208020a452745231e09092b1e180f0a450c041d">[email protected]</span></a>. For Privacy Act questions concerning
this system of records notice, please contact the Director, Freedom of
Information and Privacy Act Staff, 4700 River Road, Unit 50, Riverdale,
MD 20737; (301) 851-4076; <a href="/cdn-cgi/l/email-protection#7c3d2c34352f2c0e150a1d1f053c090f181d521b130a"><span class="__cf_email__" data-cfemail="2667766e6f7576544f5047455f665355424708414950">[email protected]</span></a>. 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#752026313425071c0314160c35000611145b121a03"><span class="__cf_email__" data-cfemail="4a1f190e0b1a38233c2b29330a3f392e2b642d253c">[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 Wildlife Services Management
Information System, USDA/APHIS-9. The system will be renamed Wildlife
Services Information Management System, USDA/APHIS-9. The system of
records for Wildlife Services, USDA/APHIS-9, was last published on
October 8, 2015, in its entirety in the Federal Register (80 FR 60872-
60875, Docket No. APHIS-2014-0036). (To view the notice, go to
<a href="http://www.regulations.gov">www.regulations.gov</a>, and enter APHIS-2014-0036 in the Search field.)
Wildlife Services Information Management System serves as the
official record of Wildlife Services' (WS') work in wildlife damage
management activities related to agriculture, human health and safety,
natural resources, and human property. WS supports the APHIS mission to
safeguard the health, welfare, and value of American agriculture and
natural resources. This system, which currently includes the Management
Information System (MIS), and will include the successor system,
Operations and Reporting System (OARS), and any future successor
system, serves as the official record of WS' work in wildlife damage
management activities related to agriculture, human health and safety,
natural resources, and human property. WS conducts work to manage
damage related to wildlife, wildlife diseases, aviation safety,
invasive species, blackbird management, and livestock, aquaculture, and
other natural resource protection. This system improves WS' capability
to monitor and measure its performance, provide timely information to
decision makers, and document WS' work. WS' personnel enter wildlife
damage management activities into the system, and WS uses the
information to generate wildlife damage management reports for APHIS,
its customers, stakeholders, and the public. System generated reports
do not disclose personal identifying information or distinguishable
private property locations.
APHIS is making the following changes to the system of records
notice:
<bullet> Renaming the system to broaden the name that will include
any information collection system WS uses in the future to collect the
information described by this system of records notice;
<bullet> Updating the system location and system manager to reflect
the current system locations and system manager;
<bullet> Updating the location of the authorities for maintenance
of the system because the sections were reorganized in the United
States Code;
<bullet> Updating the purpose of the system to more accurately
describe the WS' activities and services provided for better reporting
capabilities;
<bullet> Expanding the categories of individuals to include the
individual entities more accurately for whom WS provides services and
the government personnel involved in WS' associated services and
activities to more accurately identify stakeholder groups;
<bullet> Expanding the categories of records to list the records
maintained in the system by category;
<bullet> Expanding the record source categories to add additional
information that may be added to the system by WS;
<bullet> Updating the policies and practices for storage and
retention and disposal of records in the system to more accurately
describe the storage and record retention times until the National
Archives and Records Administration approves APHIS' requested records
retention schedule;
<bullet> Updating the policies for retrieval of records to provide
the elements by which records can be retrieved within the system;
<bullet> Updating the system safeguards to add reference to
eAuthentication;
<bullet> Updating the notification, record access, and contesting
record procedures to reference the subject regulations found in 7 CFR
part 1; and
<bullet> Providing an updated full list of routine uses in the
routine uses section of the document published with this notice. Each
routine use includes an explanation as to the reason for the use.
SYSTEM NAME AND NUMBER:
Wildlife Services Information Management System, USDA/APHIS-9.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATIONS:
System files are stored and maintained on a secure USDA approved
cloud system, Microsoft Azure Cloud. APHIS headquarters is located at
USDA Center at Riverside, 4700 River Road, Riverdale, MD 20737. File
copies may be stored as part of an email on USDA email servers and
retained in the email archive. In addition, hard copy components of the
system and computer files, tapes, and disks are maintained in a
safeguarded environment at WS field offices with access only by
authorized personnel. The locations of WS field offices are available
online at (<a href="https://www.aphis.usda.gov/contact/wildlife">https://www.aphis.usda.gov/contact/wildlife</a>). Applications
may also be hosted on a contract cloud system approved for
[[Page 56717]]
government use such as Amazon Web Services or GovCloud.
SYSTEM MANAGER(S):
Wildlife Services Operational Support Staff Director, USDA APHIS
WS, 4700 River Road, Unit 87, 2D-07B, Riverdale, MD 20737; Telephone:
(301) 851-4002.
AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
<bullet> The Act of March 2, 1931, as amended (46 Stat. 1468-69; 7
U.S.C. 8351-8352);
<bullet> The Act of December 22, 1987 (Pub. L. 100-202, 101(k), 101
Stat. 1329-331, 7 U.S.C. 8353); and
<bullet> 16 U.S.C. 667.
PURPOSE(S) OF THE SYSTEM:
WS supports the APHIS mission to safeguard the health, welfare, and
value of American agriculture and natural resources. The Wildlife
Services Information Management System, which currently includes the
Management Information System (MIS), and will include the successor
system, Operations and Reporting System (OARS), and any future
successor system, serves as the official record of WS' work in wildlife
damage management activities related to agriculture, human health and
safety, natural resources, and human property. WS conducts work to
manage damage related to wildlife diseases, aviation safety, invasive
species, blackbird management, and livestock, aquaculture, and other
natural resource protection. This system improves WS' capability to
monitor and measure its performance, provide timely information to
decision makers, and document WS' work. WS' personnel enter wildlife
damage management activities into the system, and WS uses the
information to generate wildlife damage management reports for APHIS,
its customers, stakeholders, and the public. System generated reports
do not disclose personal identifying information or distinguishable
private property locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered in this system include people with signed
agreements with WS for wildlife damage management services. Individuals
are identified as owners, managers, cooperators, or contacts for
premises (locations). Individuals and cooperators may include, but are
not limited to, farmers, ranchers, airport managers, private
landowners, private homeowners, business or property owners, property
tenants, homeowner's association representatives, golf course managers,
pest control operators, the public, and employees of WS and Federal,
State, local, and Tribal governments.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the system include:
Contact information: Contact information may include, but is not
limited to, names, phone numbers, physical addresses, mailing
addresses, and electronic mail addresses. Individuals' information may
also include their roles or titles such as owners, managers, employees,
or related businesses; contractors and cooperators; and local, State,
Tribal, or Federal personnel, including WS' personnel. In addition, WS
assigns an identifying number for cooperators to whom it provides
services on specific wildlife damage projects or for individual
citizens who are the primary contact in a funded cooperative agreement
relationship. Note: WS records identifying numbers pertain only on the
paper-based component of the system.
Agreement information: Address information may include, but is not
limited to, address or location and description of property, land
class, and parcel information, which may include geographic
coordinates; agreement number, specific dates or date ranges of WS'
participation; customer resource information, resources and property
that were threatened, damaged, or destroyed by wildlife, value of
resources or physical property; adverse human or animal incident
information; and insurance, appraisals, and indemnity information.
Location: Information about where wildlife damage occurs and/or
where wildlife damage management activities took place may include, but
is not limited to, a physical address including State and Zip code,
county, geographic coordinates, plat map references, or distances from
other premises or landmarks.
Employee information: Employee information about WS' employees, WS'
collaborators, and WS' contract pilots may include, but is not limited
to, names, titles, duty stations, usernames, telephone numbers (home
and work), work email address, unique employee identification numbers,
and system passwords. WS' employee identification will also be linked
to the properties or sites visited as listed under the Location
category above.
Operational records: These records of WS and cooperator wildlife
damage management activities may include, but is not limited to, direct
control methods, technical assistance, site visits, assessments,
consultations, vaccinations, and wildlife disease surveillance. This
information may also include information regarding personnel and other
resources involved.
Animal descriptions: Information and characteristics about animals
may include, but is not limited to, species, sex, weight, age,
condition, behavior, fate, and ownership of livestock and domestic
animals.
Identifiers: Ear tags, codes, numbers, or descriptions used to
connect data about entities such as, but not limited to, animals, date,
location, biological specimens, or test results, if sampled for disease
diagnostics or genetic testing.
RECORD SOURCE CATEGORIES:
WS personnel assigned to the specific project input all information
into the system. Sources of information include USDA, APHIS, WS, and
other Federal, State, local, and Tribal government personnel and their
contractors or cooperators involved with managing wildlife conflicts;
and WS' cooperators, individuals, or groups identified as owners,
managers, or contacts for properties including but not limited to,
ranches, farms, or other businesses or operations. OARS will integrate
commercially available geospatial products depicting land ownership and
property boundaries of public and privately owned lands (parcel data).
Parcel data is publicly available at the county level but is curated by
commercial vendors to provide single source national level data. WS
will use the maps to identify properties where personnel have
cooperator's permission to conduct wildlife damage management. Parcel
data provided to WS will not be made available to the public.
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 cooperative Federal, State, Tribal, and local government
officials, employees, or contractors, and other parties as necessary to
carry out WS' program; and other parties engaged to assist in
administering WS' program. Such contractors and other parties will be
bound by the nondisclosure provisions of the Privacy Act. This routine
use assists the Agency in
[[Page 56718]]
carrying out WS' program, and thus is compatible with the purpose for
which the records are created and maintained;
(2) To Federal, State, Tribal, and local regulatory agencies and
their employees and contractors who collaborate with WS in
implementation of, or agencies that regulate, wildlife management
projects or programs, or who have an interest in, or regulate, animal
or public health, wildlife species conservation, or national security;
(3) To State- or Federal Government-level representatives of the
U.S. Environmental Protection Agency, in compliance with the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) mandate (FIFRA sec.
8, 7 U.S.C. 136f, and 136i-l), of the location on a cooperator's
property where certain regulated pesticide devices are deployed or
regulated pesticides are applied;
(4) To land management agencies, such as the Bureau of Land
Management and State, local, and Tribal land management programs
relating to, but not limited to, wildlife damage on grazing allotments,
recreational lands (parks);
(5) To cooperating laboratories, Federal, State, and local
government officials, employees, or contractors, and other parties
engaged to assist in administering animal health programs to assist the
Agency in carrying out WS' program;
(6) To USDA contractors or cooperators with signed agreements
collaborating with USDA in conducting, managing, or evaluating wildlife
disease or pest surveillance or control programs, and monitoring for
animal issues, diseases, or pests or to aid in containing and
responding to a foreign or domestic animal disease outbreak, zoonotic
disease outbreak, bioterrorism, hazardous materials event, or other
animal health emergency;
(7) To appropriate law enforcement agencies, 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;
(8) To the Department of Justice when: (a) USDA, or any component
thereof; or (b) any employee of USDA in his or her official capacity,
or any employee of the agency in his or her individual capacity where
the Department of Justice has agreed to represent the employee; or (c)
the United States Government, is a party to litigation or has an
interest in such litigation, and USDA determines that the records are
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;
(9) 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;
(10) To appropriate agencies, entities, and persons when: (a) USDA
suspects or has confirmed that there has been a breach of 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 compromise and prevent, minimize, or remedy such harm;
(11) 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;
(12) 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;
(13) 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;
(14) To USDA contractors, partner agency employee or contractors,
or private industry employed to identify patterns, trends, or anomalies
indicative of fraud, waste, or abuse;
(15) To the National Archives and Records Administration (NARA) or
other Federal Government agencies for records management activities
conducted under 44 U.S.C. 2904 and 2906; and
(16) Disclosure to consumer reporting agencies: In accordance with
31 U.S.C. 3711(e) when trying to collect a claim of the Government
under a law except the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
WS will maintain MIS and OARS in the Microsoft Azure Cloud. APHIS
WS will maintain paper documents that are executed originals in locked
file cabinets within WS' State office buildings that are locked and
require employee identification for admittance. To comply with NARA and
APHIS record storage policies and implementation schedules, paper
documents will be converted to electronic format and stored in approved
government Cloud based system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Under this system, data retrieval may be organized by agreement
number, name of cooperator, address, or phone number. Retrieval
permissions for WS employees who have access to the system are
determined by the data usage role of the employee.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
APHIS has developed record retention schedules, but until they are
approved by NARA, electronic systems are classified as permanent in
accordance with unscheduled records management policy. The records in
this system are currently unscheduled. APHIS is in the process of
requesting records disposition authority from NARA, and these records
will be retained until appropriate disposition authority is obtained
from NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Control measures designed to prevent misuse of accessible data
include unique user identification, a password or eAuthentication
protection protocol, and limitation of user roles through
compartmentalization of allowed access.
[[Page 56719]]
Agency implemented cybersecurity measures and firewalls are built into
the application user interface, and monitoring of use of the system for
profiles of misuse is possible. The hard copy components of the system,
and computer files, tapes, and disks are kept in a safeguarded
environment at WS' field offices with access only by authorized
personnel.
System access, including access to records stored in an Agency
approved repository, is limited to individuals with appropriate
permissions who need to know the information for performance of
official duties.
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#88c9d8c0c1dbd8fae1fee9ebf1c8fdfbece9a6efe7fe"><span class="__cf_email__" data-cfemail="7a3b2a3233292a08130c1b19033a0f091e1b541d150c">[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; any other information
specified in the system notice; 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, 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 RECORDS PROCEDURE:
Individuals seeking to contest or amend records maintained in this
system of records must direct their request to the address indicated in
the ``RECORD ACCESS PROCEDURES'' paragraph, above and must follow the
procedures set forth in 7 CFR 1.116, (Request for correction or
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 PROCEDURE:
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 CLAIMED BY THE SYSTEM:
None.
HISTORY:
Published as a modified system on October 8, 2015 (80 FR 60872-
60875, APHIS-2014-0036).
Published as a new system on April 30, 2008 (73 FR 23404-23406,
APHIS-2006-0018).
A report on the modified system of records, required by 5 U.S.C.
552a(r), as implemented by Office of Management and Budget Circular A-
108, was sent to the Chairman and Ranking Member of the House Committee
on Oversight and Reform, Chairman and Ranking Member of the Senate
Committee on Homeland Security and Governmental Affairs, and the
Administrator of the Office of Management and Budget's Office of
Information and Regulatory Affairs.
Done in Washington, DC, this 2nd day of July 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-15113 Filed 7-9-24; 8:45 am]
BILLING CODE 3410-34-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.