Notice2024-18514
Notice of Request for Approval of an Information Collection; National Animal Health Monitoring System; Data Security Requirements for Accessing Confidential Data
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
August 19, 2024
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's (APHIS') intention to request approval of a new information collection associated with the National Animal Health Monitoring System's (NAHMS') data security requirements when providing access to confidential data. NAHMS' data security agreements and other paperwork along with the corresponding security protocols allow NAHMS to maintain careful controls on confidentiality and privacy, as required by law.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 160 (Monday, August 19, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 160 (Monday, August 19, 2024)]
[Notices]
[Pages 67058-67061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18514]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2024-0031]
Notice of Request for Approval of an Information Collection;
National Animal Health Monitoring System; Data Security Requirements
for Accessing Confidential Data
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: New information collection; comment request.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant Health Inspection Service's
(APHIS')
[[Page 67059]]
intention to request approval of a new information collection
associated with the National Animal Health Monitoring System's (NAHMS')
data security requirements when providing access to confidential data.
NAHMS' data security agreements and other paperwork along with the
corresponding security protocols allow NAHMS to maintain careful
controls on confidentiality and privacy, as required by law.
DATES: We will consider all comments that we receive on or before
October 18, 2024.
Comments: Comments are invited on (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the National Animal Health Monitoring System (NAHMS),
including whether the information will have practical utility; (b) the
accuracy of NAHMS' estimate of the burden of the proposed collection of
information; (c) ways to enhance the quality, use, and clarity of the
information on respondents, including through the use of automated
collection techniques or other forms of information technology; and (d)
ways to minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
ADDRESSES: You may submit comments by either of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Enter APHIS-2024-0031 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-2024-0031, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Any comments we receive on this docket may be viewed at
<a href="http://regulations.gov">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 information on the NAHMS SAP Data
Security Requirements, contact Ms. Nia Washington-Plaskett, Program
Analyst, Center for Epidemiology and Animal Health, VS, APHIS, 2150
Centre Ave., Bldg. B, Fort Collins, CO 80524; (866) 907-8190; email:
<a href="/cdn-cgi/l/email-protection#d6b8bfb7f8a1b7a5bebfb8b1a2b9b8fba6bab7a5bdb3a2a296a3a5b2b7f8b1b9a0"><span class="__cf_email__" data-cfemail="67090e06491006140f0e09001308094a170b06140c021313271214030649000811">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#9ceaefb2efecb2fff9fdf4b2ecfff5dce9eff8fdb2fbf3ea"><span class="__cf_email__" data-cfemail="4e383d603d3e602d2b2f26603e2d270e3b3d2a2f60292138">[email protected]</span></a>. For more
detailed information on the information collection process, contact Mr.
Joseph Moxey, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-
2533 or email: <a href="/cdn-cgi/l/email-protection#fc96938f998c94d29193849985bc898f989dd29b938a"><span class="__cf_email__" data-cfemail="d4bebba7b1a4bcfab9bbacb1ad94a1a7b0b5fab3bba2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: National Animal Health Monitoring System; Data Security
Requirements for Accessing Confidential Data.
OMB Control Number: 0579-XXXX.
Type of Request: Approval of a new information collection to
collect information from the public to fulfill the Animal and Plant
Health Inspection Service's National Animal Health Monitoring System's
security requirements prior to allowing individuals to access
confidential data assets for the purposes of building evidence.
Abstract: Title III of the Foundations for Evidence-Based
Policymaking Act of 2018 (hereafter referred to as the Evidence Act)
mandates that the Office of Management and Budget (OMB) establish a
Standard Application Process (SAP) for requesting access to certain
confidential data assets. Specifically, the Evidence Act requires OMB
to establish a common application process through which agencies, the
Congressional Budget Office, State, local, and Tribal governments,
researchers, and other individuals, as appropriate, may apply for
access to confidential data assets collected, accessed, or acquired by
a Federal statistical agency or unit. This new process will be
implemented while maintaining stringent controls to protect
confidentiality and privacy, as required by law.
The Evidence Act requires that each statistical agency or unit
establish an identical application process. The Evidence Act further
requires that Federal statistical agencies establish common criteria
for determining whether to approve an application for confidential
data, timeframes for prompt determination, an appeals process for
adverse determinations, and standards for transparency. In response to
these requirements, the statistical agencies and units will operate a
web-based portal (referred to as the SAP Portal) on behalf of OMB to
provide the common application form to applicants. The objective of the
SAP Portal is to increase public access to confidential data for the
purposes of evidence building and reduce the burden of applying for
confidential data, which currently involves separate processes with
each of the Federal statistical agencies and units. Data discovery, the
SAP application process, and the submission for review are planned to
take place within the web-based SAP Portal as described below.
Data collected, accessed, or acquired by the Federal statistical
agencies and units is vital for developing evidence on conditions,
characteristics, and behaviors of the public and on the operations and
outcomes of public programs and policies. This evidence can benefit the
stakeholders in the programs, the broader public, as well as
policymakers and program managers at the local, State, Tribal, and
National levels. The many benefits of access to data for evidence
building notwithstanding, the U.S. Department of Agriculture's
(USDA's), Animal and Plant Health Inspection Service's (APHIS'),
National Animal Health Monitoring System (NAHMS) is required by law to
maintain careful controls that allow it to minimize disclosure risk
while protecting confidentiality and privacy. The fulfillment of NAHMS'
data security requirements places a degree of burden on the public,
which is outlined further in this notice.
The SAP Portal is a web-based application for the public to request
access to confidential data assets from the Federal statistical
agencies and units. The objective of the SAP Portal is to increase
public access to confidential data for the purposes of evidence
building and reduce the burden of applying for confidential data. Once
an individual's application in the SAP Portal has received a positive
determination, the data-owning agency(ies) or unit(s) will begin the
process of collecting information to fulfill their data security
requirements.
The paragraphs below outline the SAP Policy, the steps to complete
an application through the SAP Portal, and the process for agencies,
such as APHIS, to collect information fulfilling their data security
requirements.
The SAP Policy
At the recommendation of the Interagency Council on Statistical
Policy (ICSP), the SAP Policy establishes the SAP to be implemented by
the Federal statistical agencies and units and incorporates directives
from the Evidence Act. The policy is intended to provide guidance as to
the application and review processes using the SAP Portal, setting
forth clear standards that enable Federal statistical agencies and
units to implement a common application form and a uniform review
process. The SAP Policy was submitted
[[Page 67060]]
to the public for comment in January 2022 (87 FR 2459). The policy was
finalized and published on December 8, 2022.\1\
---------------------------------------------------------------------------
\1\ <a href="https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-04.pdf">https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-04.pdf</a>.
_____________________________________-
The SAP Portal
The SAP Portal is an application interface connecting applicants
seeking data with a catalog of data assets owned by the Federal
statistical agencies and units and is hosted at
<a href="http://www.researchdatagov.org">www.researchdatagov.org</a>. The SAP Portal is not a new data repository or
warehouse; confidential data assets will continue to be stored in
secure data access facilities owned and hosted by the Federal
statistical agencies and units. The SAP Portal will provide a
streamlined application process across agencies, reducing redundancies
in the application process. This single SAP Portal will improve the
process for applicants, tracking and communicating the application
process throughout its lifecycle. This reduces redundancies and burden
on applicants who request access to data from multiple agencies. The
SAP Portal will automate key tasks to save resources and time and will
bring agencies into compliance with the Evidence Act statutory
requirements.
Data Discovery
Individuals begin the process of accessing restricted use data by
discovering confidential data assets through the SAP data catalog,
maintained by Federal statistical agencies at <a href="http://www.researchdatagov.org">www.researchdatagov.org</a>.
Potential applicants can search by agency, topic, or keyword to
identify data of interest or relevance. Once they have identified data
of interest, applicants can view metadata outlining the title,
description or abstract, scope and coverage, and detailed methodology
related to a specific data asset to determine its relevance to their
research.
While Federal statistical agencies and units shall endeavor to
include metadata in the SAP data catalog on all confidential data
assets for which they accept applications, it may not be feasible to
include metadata for some data assets (e.g., potential curated versions
of administrative data). A Federal statistical agency or unit may still
accept an application through the SAP Portal even if the requested data
asset is not listed in the SAP data catalog.
SAP Application Process
Individuals who have identified and wish to access confidential
data assets are able to apply for access through the SAP Portal, which
was released to the public in late 2022 (<a href="http://www.researchdatagov.org">www.researchdatagov.org</a>).
Applicants must create an account and follow all steps to complete the
application. Applicants begin by entering their personal, contact, and
institutional information, as well as the personal, contact, and
institutional information of all individuals on their research team.
Applicants proceed to provide summary information about their proposed
project, to include project title, duration, funding, timeline, and
other details including the data asset(s) they are requesting and any
proposed linkages to data not listed in the SAP data catalog, including
non-Federal data sources. Applicants then proceed to enter detailed
information regarding their proposed project, including a project
abstract, research question(s), literature review, project scope,
research methodology, project products, and anticipated output.
Applicants must demonstrate a need for confidential data, outlining why
their research question cannot be answered using publicly available
information.
Submission for Review
Upon submission of their application, applicants will receive a
notification that their application has been received and is under
review by the data-owning agency or agencies (in the event where data
assets are requested from multiple agencies). At this point, applicants
will also be notified that application approval does not alone grant
access to confidential data, and that, if approved, applicants must
comply with the data-owning agency's security requirements outside of
the SAP Portal, which may include a background check.
In accordance with the Evidence Act and the direction of the ICSP,
Federal agencies will approve or reject an application within a prompt
timeframe. In some cases, Federal agencies may determine that
additional clarity, information, or modification is needed and request
the applicant to ``revise and resubmit'' their application.
Data discovery, the SAP application process, and the submission for
review are planned to take place within the web-based SAP Portal. As
noted above, the notice announcing plans to collect information through
the SAP Portal was published separately in the Federal Register (87 FR
53793-53795) \2\ on September 1, 2022. (See footnote 1 for more
information about the SAP Policy.)
---------------------------------------------------------------------------
\2\ <a href="https://www.regulations.gov/document/NSF_FRDOC_0001-2997">https://www.regulations.gov/document/NSF_FRDOC_0001-2997</a>.
---------------------------------------------------------------------------
Access to Restricted Use Data
In the event of a positive determination, the applicant will be
notified that their proposal has been accepted. The positive or final
adverse determination concludes the SAP Portal process. In the instance
of a positive determination, the data-owning agency (or agencies) will
contact the applicant to provide instructions on the agency's security
requirements that must be completed to gain access to the confidential
data. The completion and submission of the agency's security
requirements will take place outside of the SAP Portal.
Collection of Information for Data Security Requirements
In the instance of a positive determination for an application
requesting access to NAHMS-owned confidential data asset, NAHMS will
contact the applicant(s) to initiate the process of collecting
information to fulfill its data security requirements. This process
allows NAHMS to place the applicant(s) in a trusted access category and
includes the collection of the following information from applicant(s):
<bullet> Training requirements:
[cir] For datasets owned by NAHMS, completion of a NAHMS Data
Access Security Briefing, which will include CIPSEA Training and a
NAHMS CIPSEA Quiz will be required prior to accessing the restricted
use data. CIPSEA stands for Confidential Information Protection and
Statistical Efficiency Act of 2018, Title III of Public Law 115-435,
codified in 44 U.S.C. Ch. 35.
[cir] For datasets owned by USDA's National Agricultural Statistics
Service (NASS) and NAHMS, NASS personnel will provide a NASS Data
Access Security Briefing to all applicants who were approved access to
restricted use data. The briefing will include information on CIPSEA
and other applicable Federal laws that protect the restricted use data
as well as preparing and submitting disclosure reviews.
[cir] For datasets owned by NASS and NAHMS, applicants will be
provided with the USDA NASS Data Lab Handbook that explains the
policies and procedures associated with accessing unpublished NASS data
in a NASS Data Lab (including data enclaves). Each researcher approved
to access unpublished NASS data is required to sign the NASS ADM-044:
User Attestation to acknowledge they were provided with the USDA NASS
Data Lab Handbook and agree to abide by its provisions.
<bullet> Appointment of agency:
[[Page 67061]]
[cir] Applicants will complete and sign the NAHMS Agent Agreement
form. This form appoints the approved applicant as an agent of NAHMS,
specifies the data to which the agreement applies and the conditions by
which the agent must adhere to protect the confidentiality of the data,
provides citations and excerpts from applicable laws under which data
are protected, and requires a signature by the applicant.
[cir] For datasets owned by NASS and NAHMS, the applicants will
complete and sign the NASS ADM-043: Certification and Restrictions on
Use of Unpublished Data. This form is required to be signed by
researchers who have been approved to access unpublished NASS data. The
form contains excerpts of the various laws that apply to the
unpublished data being provided to the applicant. The form explains the
restrictions associated with the unpublished data and includes a place
for the applicant to sign the form, thereby acknowledging the
restrictions and agreeing to abide by them.
<bullet> Physical or virtual Data Lab security requirement:
[cir] If physical Data Lab access is requested, the applicant will
be required to take the NAHMS Data Lab Training and USDA Information
Security Awareness Training. The NAHMS Data Lab Training outlines the
processes and procedures regarding gaining access to, working within,
and requesting output from the physical NAHMS Data Lab in Fort Collins,
CO, and the USDA Information Security Awareness Training is required of
all personnel who are given access to USDA information technology
systems.
[cir] If virtual enclave access is requested, the applicant will be
required to complete a site inspection with NAHMS personnel (using the
NAHMS Site Inspection Checklist) or NASS personnel (using the NASS ADM-
045: Site Inspection Checklist), which gathers information about the
physical environment and the computer that the applicant will use to
gain access to the virtual enclave.
Note that the training requirements and security agreements listed
above are for researchers requesting access to NAHMS-owned data or NASS
and NAHMS co-owned data. The burden and cost estimates associated with
this information collection request (ICR) account for both. NAHMS and
NASS have agreed to report the burden and cost estimates for the NASS
activities above under this ICR, and the NASS activities will be merged
into the NASS ICR (0535-0274) upon its next renewal.
We are asking OMB to approve our use of this information collection
activity for 3 years.
The purpose of this notice is to solicit comments from the public
(as well as affected agencies) concerning our information collection.
These comments will help us:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the Agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, through use, as appropriate, of automated,
electronic, mechanical, and other collection technologies; e.g.,
permitting electronic submission of responses.
Estimate of burden: The public burden for this collection of
information is estimated to average 0.50 hours per response.
Respondents: State, local, and Tribal governments, researchers, and
other individuals, as appropriate.
Estimated annual number of respondents: 10.
Estimated annual number of responses per respondent: 6.
Estimated annual number of responses: 52.
Estimated total annual burden on respondents: 26 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
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.
Done in Washington, DC, this 14th day of August, 2024.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2024-18514 Filed 8-16-24; 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 August 19, 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.