[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Notices]
[Pages 65067-65068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18699]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / 
Notices  

[[Page 65067]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

[Docket Number FV06-374]


Privacy Act: Notice of Updated System of Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of updated System of Records--USDA/AMS--3, entitled 
Perishable Agricultural Commodities Act (PACA)--Oracle Database.

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the United States Department of 
Agriculture (USDA), Agricultural Marketing Service (AMS), is giving 
notice that it has updated a system of records that is maintained for 
the purpose of enforcing the PACA, which AMS administers.

DATES: Effective Date: This notice will be effective without further 
notice on December 18, 2006, unless modified by a subsequent notice to 
incorporate comments received by the public. Written or electronic 
comments must be received by the contact person listed below on or 
before December 7, 2006 to be assured consideration.

ADDRESSES: You may submit written or electronic comments to:
    (1) PACA System of Records Comments, AMS, F&V Programs, PACA 
Branch, 1400 Independence Avenue, SW., Room 2095-S, Stop 0242, 
Washington DC 20250-0242.
    (2) Fax: 202-690-4413.
    (3) E-mail comments to [email protected].
    (4) Internet: http://www.regulations.gov.
    Instructions: All comments will become a matter of public record 
and should be identified as PACA System of Records Comments. Comments 
will be available for public inspection from AMS at the above address 
or over the AMS Web site at: http://www.ams.usda.gov/paca. Web site 
questions can be addressed to the PACA Webmaster, 
[email protected].

FOR FURTHER INFORMATION CONTACT: Lorenzo A. Tribbett, Assistant Branch 
Chief, PACA Branch, at 202-720-4180.

SUPPLEMENTARY INFORMATION: The PACA was enacted by Congress in 1930 to 
establish a code of fair trading practices covering the marketing of 
fresh and frozen fruits and vegetables in interstate or foreign 
commerce. It protects growers, shippers, and distributors dealing in 
those commodities by prohibiting unfair and fraudulent trade practices.
    The law provides a forum for resolving contract disputes and 
assessing damages against anyone who fails to meet contractual 
obligations. In addition, the PACA prohibits unfair trading practices 
in the fruit and vegetable industry and imposes sanctions against 
violating firms and firms' principals when violations of the law occur. 
The PACA also imposes a statutory trust that attaches to perishable 
agricultural commodities received by regulated entities, products 
derived from the commodities, and any receivables or proceeds from the 
sale of the commodities. The trust exists for the benefit of produce 
suppliers, sellers, or agents that have not been paid, and continues 
until they have been paid in full.
    The PACA is enforced through a licensing system. All commission 
merchants, dealers, and brokers engaged in business subject to the PACA 
must be licensed. Those who engage in practices prohibited by the PACA 
may have their licenses suspended or revoked. Licensees must report 
principals, stockholders, home addresses, and business locations to 
allow for proper notification in the event of a commercial dispute. 
Sections 3 and 4 of the PACA (7 U.S.C 499c and 499d) and Sections 46.3 
through 46.13 of the PACA regulations (7 CFR 46.3-46.13) establish the 
requirement for licensing and the type of information that must be 
reported.
    The information collected and maintained in the PACA system of 
records is used to administer licensing provisions under the PACA, to 
adjudicate contract disputes, and to enforce the PACA and the PACA 
regulations. In accordance with Office of Management and Budget 
regulations (5 CFR part 1320) that implement the Paperwork Reduction 
Act of 1995 (44 U.S.C. Chapter 35), the information collected and 
maintained by the PACA system of records was approved on October 5, 
2004, and will expire on October 31, 2007.
    This system maintains a database of PACA licensees, including 
personal and business information from individuals and entities 
licensed under the PACA to do business in the fruit and vegetable 
industry. The following information is contained in the system: Name, 
home address, Social Security number (SSN), and employer identification 
number.
    In addition to the above information, this system tracks dates when 
licenses are due for renewal and automatically generates a renewal 
application, and if necessary, a reinstatement or termination notice of 
those licenses. Functions of this database include:
    1. Adding a new customer to the database;
    2. Editing or updating customer information;
    3. Contacting a business about its need for a license;
    4. Issuing a license;
    5. Tracking of license fees;
    6. Maintaining information on PACA reparation complaints;
    7. Tracking violators;
    8. Maintaining bankruptcy information;
    9. Tracking surety bonds;
    10. Tracking of complaint fees; and
    11. Updating a customer's license status if the customer is found 
liable in a reparation complaint proceeding.
    There is an inbuilt Query module that allows the user to query 
customers, its principals, and complaint information.
    In addition to entering, tracking, and querying information, the 
user has the ability to print out a large number of documents, 
including items such as correspondence and complaint reports. 
Development of this system also included database backup and recovery 
and Internet security (Web-based application).
    A ``Report on an Updated System,'' required by 5 U.S.C. 552a(r), as 
implemented by OMB Circular A-130, was sent to the Chairman, Senate 
Committee on Homeland Security and Governmental Affairs; the Chairman, 
House Committee on Government Reform; and the Acting Administrator, 
Office of Information and Regulatory

[[Page 65068]]

Affairs, of the Office of Management and Budget.

    Dated: November 1, 2006.
Mike Johanns,
Secretary.
USDA/AMS-3

SYSTEM NAME:
    Perishable Agricultural Commodities Act (PACA)--Oracle Database.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    This system of records is under the control of the Deputy 
Administrator, Fruit and Vegetable Programs, Agricultural Marketing 
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., 
Washington, DC 20250. The data are maintained in the Fruit and 
Vegetable Program's PACA Branch Oracle Database computer system.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The information in the system includes individuals' names, home 
addresses, Social Security numbers, employer identification numbers, 
license fees, surety bonds, and percentages of ownership that 
individuals may have in a company.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    7 U.S.C. et seq.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The information collected and maintained in the PACA system of 
records is used to administer licensing provisions under the PACA, to 
adjudicate contract disputes, and to enforce the PACA and PACA 
regulations.
    This information may be used as follows:
    1. Referral to the appropriate agency, whether Federal, State, 
local, or foreign, charged with the responsibility of investigating or 
prosecuting a violation of law, or enforcing or implementing the 
statute, rule, regulation or order issued pursuant thereto, or any 
record within this system when available information 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 rule, regulation, or order issued 
pursuant thereto.
    2. Referral to a court, magistrate, or administrative tribunal, or 
to opposing counsel in a proceeding before any of the above, or any 
record with the system which constitutes evidence in that proceeding, 
or which is sought in the course of discovery.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in the system on a file server and in file 
folders in secure rooms at USDA. A backup of the entire database system 
is performed nightly and saved as an encrypted Oracle file on the 
server. A copy of the entire Oracle database file is transferred 
periodically to a secure offsite location, and also backed up nightly.

RETRIEVABLITY:
    Records are retrievable by PACA license number, individual name, 
company name, and Social Security number.

SAFEGUARDS:
    Access to records is limited to persons who process the records for 
the specific routine uses stated above. Records in such formats as 
those used for computer servers are kept in physically secured rooms. 
Various methods of computer security limit access to records in the 
database. Paper records are stored and maintained in file cabinets that 
are kept in physically secured rooms.

RETENTION AND DISPOSAL:
    Records are maintained and destroyed in accordance with retention 
schedule number NN 165-106, approved by the 89th Congress, First 
Session, on April 1, 1965.

SYSTEM MANAGER(S) AND ADDRESS:
    Branch Chief, PACA Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., 2095 South Building, Washington, DC 20250.

NOTIFICATION PROCEDURE:
    Individuals may request from the system manager identified above 
information regarding this system of records and/or information on 
whether the system contains records pertaining to them. Any individual 
requesting such information must provide his or her name, address, and 
Social Security number.

RECORD ACCESS PROCEDURE:
    Individuals may obtain information about records in the system 
pertaining to them by submitting a written request to the system 
manager listed above. The envelope and letter should be marked 
``Privacy Act Request'' and should include the name, address, and 
Social Security number of the individual for which the request is made.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information maintained in 
the system should direct their requests to the system manager listed 
above, state the reason(s) for contesting the information, and provide 
all available documentation to support the requested action.

RECORD SOURCE CATEGORIES:
    Information in this system is provided by the entities submitting 
applications for licenses under the Perishable Agricultural Commodities 
Act, 1930, as amended. Personal information in this system is also 
obtained from the owners and officers of such entities as reported on 
the applications for license.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
 [FR Doc. E6-18699 Filed 11-6-06; 8:45 am]
BILLING CODE 3410-02-P