[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Notices]
[Pages 23409-23412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9418]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

[Docket No. APHIS-2008-0039]


Privacy Act Systems of Records; APHIS Emergency Management 
Response 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 APHIS 
Emergency Management Response System. 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 which 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-2008-0039 and follow the instructions for 
submitting comments.
     Postal Mail/Commercial Delivery: Docket No. APHIS-2008-
0039, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 
4700 River Road Unit 118, Riverdale, MD 20737-1238.
    Docket: You may view any 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: Dr. Jose R. Diez, Associate Deputy 
Administrator-Emergency Management and Diagnostics, VS, APHIS, 4700 
River Road Unit 41, Riverdale, MD 20737; (301) 734-8073.

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 Emergency Management Response System (EMRS), that 
will be used to maintain records of activities conducted by the agency 
pursuant to its mission and responsibilities authorized by the Animal 
Health Protection Act (7 U.S.C. 8301 et seq.).
    APHIS's Veterinary Services (VS) program uses the EMRS to help 
manage and investigate incidents of foreign animal diseases in the 
United States. If a foreign animal disease were to be detected in the 
United States, VS would activate its Incident Command System (ICS). ICS 
team members are trained to control and eradicate foreign animal 
diseases. As necessary and appropriate for the specific incident, team 
members would confirm the presence of the disease, inspect infected and 
exposed animals, appraise the value of animals that may have to be 
destroyed, conduct vaccination programs and epidemiological studies, 
dispose of animal carcasses, and clean and disinfect premises, among 
other things. Records of these activities would be maintained in the 
EMRS.

[[Page 23410]]

    The EMRS contains personally identifiable information about the 
owner or operator of the premises where the animal(s) subject to 
investigation are located. Such information includes name; address, 
including city, county, State, postal code, and latitude/longitude 
coordinates; premises identification number; and telephone number. The 
EMRS may also contain the name and telephone number of the person(s) 
who provided the initial report concerning the premises, and the name, 
telephone number, and e-mail address of the person responsible for the 
investigation of the premises.
    The EMRS also contains information about APHIS employees who may be 
deployed as members of ICS teams. Such information may include 
encrypted social security number; home address; home e-mail; emergency 
contact information; supervisor contact information; skills, 
experience, and training; position certifications; and medical 
clearance information.

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 EMRS with certain Federal and 
State animal health officials to monitor the status of an animal 
disease investigation, document the actions taken relating to an animal 
disease investigation, track the status of animals susceptible to 
foreign animal diseases, determine the costs of an animal disease 
investigation, monitor the usage and availability of assets and 
personnel relating to an animal disease investigation, or perform 
epidemiological and geospatial analyses of such investigations. APHIS 
may disseminate information to Federal and State animal health 
officials within the system for educational purposes and to obtain 
feedback regarding the EMRS program and emergency preparedness 
guidelines. APHIS may share data with the National Biosurveillance 
Integration System and the Offshore Pest Information System to aid in 
monitoring an animal disease investigation. 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 proposed information collection requests associated with this 
system have been approved by the Office of Management and Budget under 
the Paperwork Reduction Act.

Title and Business Address of the Agency Official Responsible for the 
System of Record

    Chief Information Officer, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Washington, DC 20250.

Report on New System

    A report on the new system of records, required by 5 U.S.C. 
552a(r), as implemented by 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 21, 2008.
Edward T. Schafer,
Secretary.


System name:
    Emergency Management Response System (EMRS), USDA-APHIS-11.

Security classification:
    None.

System location:
    All EMRS data is maintained on three servers, located in APHIS 
offices in Riverdale, MD, and at the APHIS Centers for Epidemiology and 
Animal Health in Ft. Collins, CO.

Categories of individuals covered by the system:
    Customers, including the owner or operator of the premises where 
the animals subject to investigation are located and the referring 
contact who provided initial premises information; and certain APHIS 
employees.

Categories of records in the system:
    For the owner or operator of the premises where the animals subject 
to investigation are located, the following information will be 
retained: Name; address, including city, county, State, postal code, 
and latitude/longitude coordinates; premises identification number; and 
telephone number. Information retained about the referring contact 
includes name and telephone number. For the case coordinator of the 
premises investigation the following information will be retained: 
Name, phone number, and e-mail address.
    The information retained for APHIS employees includes name; agency, 
program, and group; current duty assignment; encrypted social security 
number; grade, series, and step; duty city and state; home address, 
including latitude/longitude coordinates; home telephone number; home 
e-mail address; emergency contact information; work and field 
addresses, e-mail addresses and telephone numbers; supervisor contact 
information; personal protective equipment type, size, and model; 
existing and desired skills, experience and training; position 
certifications; AgLearn training classes; medical clearance 
information; and a description of property or fleet vehicle assigned to 
the employee.

Authority for maintenance of the system:
    Animal Health Protection Act (7 U.S.C. 8301 et seq.).

Purpose(s):
    APHIS Veterinary Services (VS) program uses the EMRS to help manage 
and investigate incidents of foreign animal diseases in the United 
States.

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 certain Federal and State animal health officials to monitor 
the status of an animal disease investigation, document actions taken 
relating to an animal disease investigation, track the status of 
animals susceptible to foreign animal diseases, determine the costs of 
an animal disease investigation, monitor the usage and availability of 
assets and personnel relating to animal disease investigations, or 
perform epidemiological and geospatial analyses of such investigations;
    (2) To Federal and State animal health officials within the system 
to obtain feedback regarding the EMRS system and emergency preparedness 
guidelines, and to educate and involve them in program development, 
program requirements, and standards of conduct;
    (3) To the National Biosurveillance Integration System and the 
Offshore Pest Information System to aid in monitoring an animal disease 
investigation;
    (4) 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

[[Page 23411]]

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;
    (5) 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;
    (6) 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;
    (7) 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 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;
    (8) To 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;
    (9) 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
    (10) 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:
Storage:
    The electronic master data for the EMRS is stored on servers. 
Following an animal disease outbreak, data from the investigation may 
be burned onto compact discs.

Retrievability:
    Data regarding an investigation can be retrieved by premises 
identification number, reference control number, premises name, 
incident group, or incident site. Data regarding an employee can be 
retrieved by name, employee identification number, title, organization, 
property, or fleet vehicle.

Safeguards:
    The EMRS security plan includes management, operational, and 
technical controls to prevent misuse of data by system users. These 
controls include role-based access. Most individuals have access 
limited to data from their State or area. Social security number 
(employee only) and home contact information is viewable and may be 
updated only by the individual to whom it applies or by individuals 
with specific roles to view or update these fields.

Retention and disposal:
    Routine investigational EMRS data will be retained in the server 
indefinitely. After an animal disease outbreak, data will be burned 
onto a compact disc for use by outbreak management personnel and 
retained indefinitely. Employee data is maintained as long as the 
individual is employed and may be maintained for up to 5 years after 
employment ceases in case the employee is reemployed during 
emergencies.

System managers(s) and address:
    Center Leader--Center for Animal Disease Information, Centers for 
Epidemiology and Animal Health, Veterinary Services, APHIS, USDA, 2150 
Centre Avenue, Building B, 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:
    Information in this system comes primarily from the customers, 
including the owner or operator of the premises where the animals 
subject to investigation are located, and the

[[Page 23412]]

referring contact who provided initial premises information. Such 
information may be supplemented by information from an address-
validation database, by APHIS personnel during an on-site 
investigation, by State veterinarian offices, or by APHIS's National 
Veterinary Services Laboratories.
    Employee information is obtained primarily from the employee. 
Additionally, employee data may be obtained from the USDA's National 
Finance Center and AgLearn database, and from Federal Occupational 
Health, U.S. Department of Health and Human Services.

Exemptions claimed for the system:
    None.

[FR Doc. E8-9418 Filed 4-29-08; 8:45 am]
BILLING CODE 3410-34-P