[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Notices]
[Pages 23404-23406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9406]


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 Notices
                                                 Federal Register
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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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 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 73, No. 84 / Wednesday, April 30, 2008 / 
Notices  

[[Page 23404]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

[Docket No. APHIS-2006-0018]


Privacy Act Systems of Records; Wildlife Services Management 
Information System

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of a proposed new system of records; request for 
comment.

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SUMMARY: The U.S. Department of Agriculture proposes to add a system of 
records to its inventory of records systems subject to the Privacy Act 
of 1974, as amended. The system of records being proposed is the 
Wildlife Services Management Information System, USDA-APHIS-9. This 
notice is necessary to meet the requirements of the Privacy Act to 
publish in the Federal Register notice of the existence and character 
of record systems maintained by the agency.
    Although the Privacy Act requires only that the portion of the 
system that describes the ``routine uses'' of the system be published 
for comment, we invite comment on all portions of this notice.

DATES: Effective Date: This system will be adopted without further 
notice on June 9, 2008 unless modified to respond to comments received 
from the public and published in a subsequent notice.
    Comment date: Comments must be received, in writing, on or before 
May 30, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0018, and follow the instructions for 
submitting comments.
     Postal Mail/Commercial Delivery: Docket No. APHIS-2006-
0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 
4700 River Road Unit 118, Riverdale, MD 20737-1238.
    Docket: You may view comments we receive at the Federal eRulemaking 
Portal (Web address above) or in our reading room. The reading room is 
located in room 1141 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) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Robert P. Myers, Staff Officer, 
Wildlife Services, APHIS, 4700 River Road Unit 87, Riverdale, MD 20737; 
(301) 734-7921.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, as amended (5 
U.S.C. 552a), requires agencies to publish in the Federal Register 
notice of new or revised systems of records maintained by the agency. A 
system of records is a group of any records under the control of any 
agency, from which information is retrieved by the name of an 
individual or by some identifying number, symbol, or other identifying 
particular assigned to an individual.
    The Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture (USDA) is proposing to add a new system of 
records, entitled Wildlife Services Management Information System, that 
will be used to maintain a record of activities conducted by the agency 
pursuant to its mission and responsibilities authorized by the Act of 
March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and the Act of 
December 22, 1987 (7 U.S.C. 426(c)).
    Within this area of responsibility, Wildlife Services (WS) provides 
wildlife damage management services to Federal, State, and local 
governments, private sector entities within the United States, foreign 
partners, and cooperators. Individuals and cooperators may include 
farmers, ranchers, livestock dealers (including agents and brokers), 
airport employees, condominium associations, homeowners associations, 
golf course owners, pest control operators, contract personnel engaged 
in program activities, private homeowners, and other individuals. 
Wildlife damage management services include services to control 
wildlife diseases and invasive species and to protect livestock and 
aquaculture. Records of these activities will be maintained in the 
Management Information System (MIS) in Riverdale, Maryland; and in 
USDA's National Information Technology Center in Kansas City, Missouri, 
as well as in hard copy files located in headquarters, State, regional, 
and district offices.
    The MIS contains personally identifiable information about persons 
who acquire wildlife damage management services from APHIS. The 
information includes a name, telephone number, mailing address, 
physical location address, and, when necessary, the Global Positioning 
System (GPS) coordinates. For cooperators for whom WS provides services 
on specific wildlife damage projects, an identifying number may be 
issued, which may be a Federal tax identification number, an employer 
identification number, or, for individual citizens who are the primary 
contact in a funded cooperative agreement relationship, a social 
security number. In these instances, WS collects social security 
numbers or other identifying numbers, such as tax identification 
numbers or employer identification numbers, in compliance with the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134). The MIS may also 
include information relating to adverse human or animal incidents, 
indemnity, agreements, or insurance claims.
    Agency procedure requires that WS employees obtain permission to 
enter the property of cooperators. Information collected about 
cooperators will be used to document authority and license to enter 
premises to conduct wildlife damage management activities, pursuant to 
requests from cooperators for services to be conducted on their behalf. 
In addition, WS will use the information to help evaluate the 
effectiveness of program activities.
    Also in support of the APHIS mission, WS conducts surveys by 
selecting cooperators to provide information about various facets of 
program activities related to the services provided. Information 
provided by the cooperator during the course of business enables WS to 
contact them and request voluntary participation in a survey, as well 
as use the information volunteered by the cooperator to make

[[Page 23405]]

determinations about how and when work will be performed, what methods 
will be used, what information will be provided to the cooperator about 
the methodology, process, frequency, results, and timelines to be used 
in program activities, and to assist in developing safety measures and 
protocols.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses

    APHIS may routinely share data in the MIS system with other 
Federal, State, and local regulatory agencies and their employees and 
contractors who collaborate with WS in regulating wildlife management 
activities or have responsibility for animal or public health, such as 
the Centers for Disease Control or the Environmental Protection Agency. 
Information may be shared with agencies with which APHIS has 
interagency agreements or memoranda of understanding, such as the 
Bureau of Land Management or U.S. Fish and Wildlife Service. Other 
routine uses of this information include releases related to 
investigations pertaining to violations of law or related to 
litigation. A complete listing of the routine uses for this system is 
included in the accompanying document that is published along with this 
notice.
    The information collection requests associated with this system 
have been approved by Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. The collection is named ``Cooperative Wildlife 
Damage Management Programs'' and the OMB Control Number is 0579-0335.

Report on New System

    A report on the new system of records, required by 5 U.S.C. 
552a(r), as implemented by the Office of Management and Budget Circular 
A-130, was sent to the Chairman, Committee on Homeland Security and 
Governmental Affairs, United States Senate; the Chairman, Committee on 
Oversight and Government Reform, U.S. House of Representatives; and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget.

    Dated: April 17, 2008.
Edward T. Schafer,
Secretary.


System name:
    Wildlife Services Management Information System, USDA-APHIS-9.

Security classification:
    None.

System location:
    The files for the Wildlife Services Management Information System 
are maintained in the offices of Wildlife Services, Riverdale, 
Maryland; Wildlife Services Information Technology Support Center, Fort 
Collins, Colorado; Federal and State area offices; and Federal regional 
offices. The electronic component of the system is housed at the USDA's 
National Information Technology Center (NITC) in Kansas City, Missouri.

Categories of individuals covered by the system:
    Ranchers, farmers, livestock dealers (including agents and brokers) 
handling livestock covered by the program, airport employees, 
condominium associations, homeowners associations, golf course owners, 
State, Federal, and Tribal Governments, pest control operators, 
contract personnel engaged in program activities, private homeowners, 
and other individuals.

Categories of records in the system:
    The records consist of agreements for services; description of 
property; names and addresses of those entering the agreement; contact 
information, including names and telephone numbers; property locations 
and descriptions, which may include GPS coordinates; and insurance, 
appraisals, indemnity, and property damage information.

Purpose(s) of the system:
    This system will be used to maintain a record of activities 
conducted by the agency pursuant to its mission and responsibilities 
for providing services necessary to manage wildlife damage to 
agriculture, human health and safety, natural resources, and human 
property.

Authority for maintenance of the system:
    The Act of March 2, 1931, as amended (7 U.S.C. 426 and 426(b)), and 
the Act of December 22, 1987 (7 U.S.C. 426(c)).

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, records maintained in the system may be 
disclosed outside USDA as follows:
    (1) To cooperative Federal, State, and local government officials, 
employees, or contractors, and other parties engaged to assist in 
administering the program. Such contractors and other parties will be 
bound by the nondisclosure provisions of the Privacy Act. This routine 
use assists the agency in carrying out the program, and thus is 
compatible with the purpose for which the records are created and 
maintained;
    (2) To the appropriate agency, whether Federal, State, local, or 
foreign, charged with responsibility of investigating or prosecuting a 
violation of law or of enforcing, implementing, or complying with a 
statute, rule, regulation, or order issued pursuant thereto, of any 
record within this system when information available indicates a 
violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, and either arising by general statute or 
particular program statute, or by rule, regulation, or court order 
issued pursuant thereto;
    (3) To the Department of Justice when the agency, or any component 
thereof, or any employee of the agency 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 the 
United States, in litigation, where the agency determines that 
litigation is likely to affect the agency or any of its components, is 
a party to litigation or has an interest in such litigation, and the 
use of such records by the Department of Justice is deemed by the 
agency to be relevant and necessary to the litigation; provided, 
however, that in each case, the agency determines that disclosure of 
the records to the Department of Justice is a use of the information 
contained in the records that is compatible with the purpose for which 
the records were collected;
    (4) For use in a proceeding before a court or adjudicative body 
before which the agency is authorized to appear, when the agency, or 
any component thereof, or any employee of the agency in his or her 
official capacity, or any employee of the agency in his or her 
individual capacity where the agency has agreed to represent the 
employee, or the United States, where the agency determines that 
litigation is likely to affect the agency or any of its components, is 
a party to litigation or has an interest in such litigation, and the 
agency determines that use of such records is relevant and necessary to 
the litigation; provided, however, that in each case, the agency 
determines that disclosure of the records to the court is a use of the 
information contained in the records that is compatible with the 
purpose for which the records were collected;
    (5) To appropriate agencies, entities, and persons when the agency 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; the agency 
has

[[Page 23406]]

determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, a risk of 
identity theft or fraud, or a risk of harm to the security or integrity 
of this system or other systems or programs (whether maintained by the 
agency or another agency or entity) that rely upon the compromised 
information; and the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
agency's efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm;
    (6) To USDA contractors, partner agency employees or contractors, 
or private industry employed to identify patterns, trends, or anomalies 
indicative of fraud, waste, or abuse; and
    (7) To the National Archives and Records Administration or to the 
General Services Administration for records management inspections 
conducted under 44 U.S.C. 2904 and 2906.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Policies for storing, retrieving, accessing, retaining, and 
disposing of records in the system are outlined in the Wildlife 
Services Information and Data Management Handbook and the APHIS Records 
Management Handbook and are summarized below.

Storage:
    The MIS records will be maintained in on-line disk storage and the 
MIS database. The NITC will provide continuous storage management of 
the electronic records. Documents that are executed originals will be 
maintained in State or regional Wildlife Services offices.

Retrievability:
    Under this system, data may be retrieved and organized by agreement 
number, name of cooperator, or agreement holder. Retrieval permissions 
for employees who have access to the system are determined by the data 
usage role of the employee and are compliant with the APHIS ``least 
privilege'' rule.

Safeguards:
    Control measures designed to prevent misuse of accessible data 
include unique user identification, a password protection protocol, and 
limitation of user roles through compartmentalization of allowed 
access. Agency implemented cybersecurity measures and firewalls are 
built into the application user interface, and monitoring of use of the 
MIS 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 with access only by authorized personnel.

Retention and disposal:
    Information identifying cooperators is kept in the system as long 
as a cooperator retains an active agreement with WS. Federal and State 
employee information is kept active in the system as long as the 
individual works for WS. Upon termination of employment or lapse of an 
active agreement, information is archived by fiscal year for 15 years. 
Data elimination procedures are in accordance with National Archives 
and Records Administration and existing APHIS policy.

System manager(s) and address:
    Director, Information Technology Support Center, Wildlife Services, 
USDA/APHIS, NRRC, 2150 Centre Avenue, Building A, Suite 143, Fort 
Collins, CO 80526.

Notification procedure:
    Any individual may request general information regarding this 
system of records or information as to whether the system contains 
records pertaining to him/her from the system manager at the address 
above. All inquiries pertaining to this system should be in writing, 
must name the system of records as set forth in the system notice, and 
must contain the individual's name, telephone number, address, and e-
mail address.

Record access procedures:
    Any individual may obtain information from a record in the system 
that pertains to him or her. Requests for hard copies of records should 
be in writing, and the request must contain the requesting individual's 
name, address, name of the system of records, timeframe for the records 
in question, any other pertinent information to help identify the file, 
and a copy of his/her photo identification containing a current address 
for verification of identification. All inquiries should be addressed 
to the Freedom of Information and Privacy Act Staff, Legislative and 
Public Affairs, APHIS, 4700 River Road Unit 50, Riverdale, MD 20737-
1232.

Contesting record procedures:
    Any individual may contest information contained within a record in 
the system that pertains to him/her by submitting a written request to 
the system manager at the address above. Include the reason for 
contesting the record and the proposed amendment to the information 
with supporting documentation to show how the record is inaccurate.

Record source categories:
    WS users generate data about the work performed by WS. Other data 
is collected by voluntary submission by cooperators.

Exemptions claimed for the system:
    None.

[FR Doc. E8-9406 Filed 4-29-08; 8:45 am]
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