[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19038-19041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9482]


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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. 74, No. 79 / Monday, April 27, 2009 / 
Notices  

[[Page 19038]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Notice of New, Revised, Consolidated, and Deleted Systems of 
Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of consolidating and revising four systems of records, 
deleting two systems of records, and adding a proposed new system of 
records under the Privacy Act of 1974.

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SUMMARY: Notice is hereby given that the U.S. Department of Agriculture 
(USDA) is deleting two systems of records, consolidating two systems of 
records into one existing system of records; revising two systems of 
records; and proposing to create a new system of records entitled, 
``Census of Agriculture Records,'' USDA/NASS-3, maintained by the 
National Agricultural Statistics Service (NASS).

DATES: Effective Date: This notice will be effective 40 days after 
publication June 26, 2009 unless modified by a subsequent notice to 
incorporate public comment. Comments must be received on or before 
comment date: May 27, 2009.

ADDRESSES: Comments may be submitted by any of the following methods: 
E-mail: [email protected]. Include system of records number in 
the subject line of the message; Fax: (202) 720-6396; Mail: Mail any 
paper, disk, or CD-ROM to: NASS Clearance Officer, USDA, Room 5336A 
South Building, 1400 Independence Avenue, SW., Washington, DC 20250-
2024; Hand Delivery/Courier: NASS Clearance Officer, USDA, Room 5336A 
South Building, 1400 Independence Avenue, SW., Washington, DC 20250-
2024; Telephone (202) 690-2388.

FOR FURTHER INFORMATION CONTACT: Jack Nealon, Director, Information 
Technology Division, NASS, USDA, South Agriculture Building, Mail Stop 
2030, Room 5847, 1400 Independence Avenue, SW., Washington, DC 20250-
2024; Telephone (202) 720-2984.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5 
U.S.C. 552a), USDA hereby takes the following action:
    I. Two systems of records, USDA/NASS-1, ``Administrative Records 
Systems'' and USDA/NASS-3, ``Personnel Data Base,'' are being deleted. 
These systems of records are duplicated by OPM/GOVT-1, ``General 
Personnel Records,'' and USDA/OP-1, ``Personnel and Payroll System for 
USDA Employees.''
    II. Two systems of records maintained by NASS are being 
consolidated into one existing system of records. USDA/NASS-4, 
``Agricultural Labor Survey,'' and USDA/NASS-6, ``Farm Costs and 
Returns Survey,'' will be combined with USDA/NASS-2, ``Agricultural 
Survey Program,'' which will be redesignated USDA/NASS-1, 
``Agricultural Survey Records.''
    III. Two systems of records maintained by NASS are being revised 
for the following reasons:
    1. USDA/NASS-2, ``Agricultural Survey Program.'' The purposes of 
this revision to the system of records are to (1) change the 
designation from USDA/NASS-2, ``Agricultural Survey Program'' to USDA/
NASS-1, ``Agricultural Survey Records;'' (2) consolidate the records of 
USDA/NASS-4, ``Agricultural Labor Survey'' and USDA/NASS-6, ``Farm 
Costs and Returns Survey;'' (3) change responsibility for maintaining 
these records; (4) revise categories of individuals covered and records 
maintained; (5) propose new routine uses; (6) revise policies and 
practices for storing, retrieving, accessing, retaining, and disposing 
of records in the system; and (7) add an additional authority for 
maintenance of the system. These changes are necessary because data are 
no longer maintained by Martin Marietta but maintained at the USDA 
National Information Technology Center (NITC), and at the Bureau of 
Census, National Processing Center (NPC). Also, retention and disposal 
are now based on National Archives and Records Administration (NARA) 
approved schedules.
    2. USDA/NASS-5, ``List Sampling Frame.'' The purposes of this 
revision to the system of records are to (1) change the designation 
from USDA/NASS-5 to USDA/NASS-2; (2) change responsibility for 
maintaining these records; (3) revise categories of individuals covered 
and records maintained; (4) propose new routine uses; (5) revise 
policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system; and (6) add an additional 
authority for maintenance of the system. These changes are necessary 
because data formerly maintained at local NASS Field Offices and Martin 
Marietta are now at the USDA National Information Technology Center 
(NITC). Also, retention and disposal are now based on NARA approved 
schedules.
    IV. One system of records is being added as follows:
    1. USDA/NASS-3, ``Census of Agriculture Records.'' This new system 
of records is in support of the Census of Agriculture now being 
conducted by the Agency every five years. As required by 5 U.S.C. 552a 
as implemented by Office of Management and Budget (OMB) Circular A-130, 
Privacy Act Systems Reports relating to the revision, consolidation, 
and deletion of existing systems and the addition of a new system were 
sent to the Chairman, Committee on Homeland Security and Governmental 
Affairs, United States Senate; the Chairman, Committee on Oversight and 
Governmental Reform, U.S. House of Representatives; and the 
Administrator, Office of Information and Regulatory Affairs, OMB.

    Dated: April 20, 2009.
Thomas J. Vilsack,
Secretary.

USDA/NASS-1

    System Name: Agricultural Survey Records, USDA/NASS-1.
    Security Classification: None.
    System Location:
    Agricultural survey records are located at the following sites:
    NASS Headquarters, 1400 Independence Avenue, SW., Washington, DC 
20250,
    USDA National Information Technology Center (NITC) facility at 8930 
Ward Parkway, Kansas City, MO 64114,
    U.S. Census Bureau National Processing Center (NPC) facility at 
1201 East 10th Street, Jeffersonville, IN 47132,
    NASS Field Offices.

[[Page 19039]]

    The address of each Field Office (FO) is listed in telephone 
directories of the respective cities under the heading ``United States 
Government, Department of Agriculture, National Agricultural Statistics 
Service (NASS),'' or ``USDA's NASS (State) Field Office.''
    Categories of Individuals Covered by the System: Farm and ranch 
operators and agri-businesses.
    Categories of Records in the System: Information on farm and ranch 
operators and agri-businesses includes name, address, telephone number, 
and agricultural survey data.

    Authority for Maintenance of the System: 7 U.S.C. 2204, 7 U.S.C. 
2276, 44 U.S.C. 3501, and the Confidential Information Protection 
and Statistical Efficiency Act (CIPSEA) of 2002.

    Agency Official Responsible for System of Record:
    Associate Administrator, National Agricultural Statistics Service, 
1400 Independence Avenue, SW., Washington, DC 20250.
    Purpose(s): The Agricultural Survey Records system provides 
effective and efficient electronic survey management, data entry, data 
collection, data editing, data analysis, and data summarization or 
tabulation for hundreds of agricultural surveys annually. These surveys 
cover topics such as crop production, grain stocks, livestock 
inventories, prices paid and received by farmers and ranchers, farm 
labor, farm income, farm expenditures, farm numbers, chemical usage, 
and special follow-on surveys to the Census of Agriculture. The program 
generates county, State, regional, and national agricultural 
statistics.
    Disclosure of Information: Disclosure may be made only to sworn 
NASS employees for the purpose of compiling statistical aggregates at 
the county, State, regional, and national levels. Data records 
maintained by NASS are used solely for statistical purposes and are 
confidential under 7 U.S.C. 2204, 7 U.S.C. 2276, and CIPSEA of 2002. 
Publications and special summaries do not contain data that would 
divulge the identity of any individual operator or agri-business.
    Routine Use of Records: To the extent that disclosure will not 
violate any confidentiality statutes, disclosure will be made to 
appropriate agencies, entities, and persons if (1) NASS suspects or has 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) NASS has determined that as 
a result of the suspected or confirmed compromises, there is a risk of 
harm to economic or property interests, identity theft or fraud, or 
harm to the security or integrity of this system or other systems or 
programs (whether maintained by NASS or another entity) that rely upon 
the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with NASS' efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    Additionally, this system provides for a routine use disclosure to 
agency contractors who have been engaged by NASS to assist in the 
performance of services related to this system of records and who need 
access to the records in order to perform the activity. Recipients 
shall be required to comply with the requirements of the Privacy Act of 
1974, as amended, pursuant to 5 U.S.C. 552a(m).
    Disclosure to Consumer Reporting Agencies: None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System

    Storage: Paper copies are stored inside at the locations identified 
above. Electronic survey data are stored on NASS and NITC file servers. 
Some survey paper questionnaires are converted to electronic format at 
NPC and stored locally on NPC servers. Backup data are stored on 
magnetic tapes.
    Retrievability: Data are retrieved by unique identification numbers 
internal to the agency.
    Safeguards: All NASS employees are required to sign a pledge of 
confidentiality that carries severe legal penalties for violating the 
pledge. NASS employs physical security controls, logical access 
controls, technological controls, auditing, and monitoring of controls. 
Paper questionnaires are stored inside locked file cabinets. Magnetic 
backup tapes and file servers are secured within areas to which access 
is limited to authorized personnel only. The NASS Memorandums of 
Understanding with NPC and NITC contain provisions for (1) network data 
confidentiality, integrity, and availability, and (2) physical 
security.
    Retention and Disposal: Retention and disposal practices are in 
accordance with approved National Archives and Records Administration 
(NARA) schedules.
    System Manager(s) and Address: Director, Census and Survey 
Division, National Agricultural Statistics Service, 1400 Independence 
Avenue, SW., Washington, DC 20250.
    Notification Procedure: Any individual may request information as 
to whether the system contains records pertaining to him or her by 
contacting the system manager at the address specified above. The 
request for information should contain name, address, system of records 
name, and year that the agricultural survey questionnaire was 
completed.
    Record Access Procedures: Same as notification procedure.
    Contesting Record Procedures: Any individual may obtain information 
as to the procedures for contesting a record in this system which 
pertains to him or her by submitting a request to the system manager 
specified above.
    Record Source Categories: Information in this system comes solely 
from respondents to NASS agricultural surveys.
    Exemptions Claimed for the System: None.

USDA/NASS-2

    System Name: List Sampling Frame, USDA/NASS-2.
    Security Classification: None.
    System Location: List sampling frame records are located at the 
USDA National Information Technology Center (NITC) facility at 8930 
Ward Parkway, Kansas City, MO 64114.
    Categories of Individuals Covered by the System: Current, recent, 
and potential farmers, ranchers, and agri-businesses.
    Categories of Records in the System: Information on farmers, 
ranchers, and agri-businesses includes: name, address, telephone 
number, age, race or ethnic origin, gender, Social Security Number, 
Employer Identification Number, and some previous survey or census data 
(called control data) for efficiently selecting agricultural samples.

    Authority for Maintenance of the System: 7 U.S.C. 2204, 7 U.S.C. 
2276, 44 U.S.C. 3501, and the Confidential Information Protection 
and Statistical Efficiency Act (CIPSEA) of 2002.
    Agency Official Responsible for System of Record:
    Associate Administrator, National Agricultural Statistics Service, 
1400 Independence Avenue, SW., Washington, DC 20250.
    Purpose(s): The list sampling frame is used to provide samples of 
farms, ranches, and agri-businesses for the NASS annual survey program 
and to provide the mail list for the Census of Agriculture every 5 
years. The frame is securely maintained on a database server. The 
Social Security Number and Employer Identification Number are used to 
assist in identifying duplication of names between various probability

[[Page 19040]]

list samples and NASS area frame surveys. They are also used as part of 
the NASS list building and maintenance process when matching names 
currently on the NASS list sampling frame with lists maintained by 
other governmental agencies.
    Disclosure of Information: Disclosure may be made only to sworn 
NASS employees for the purpose of compiling statistical aggregates at 
the county, State, regional, and national levels. Data records 
maintained by NASS are used solely for statistical purposes and are 
confidential under 7 U.S.C. 2204, 7 U.S.C. 2276, and CIPSEA of 2002. 
Publications and special summaries do not contain data that would 
divulge the identity of any individual operator or agri-business.
    Routine Use of Records: To the extent that disclosure will not 
violate any confidentiality statutes, disclosure will be made to 
appropriate agencies, entities, and persons if (1) NASS suspects or has 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) NASS has determined that as 
a result of the suspected or confirmed compromise there is a risk of 
harm to economic or property interests, identity theft or fraud, or 
harm to the security or integrity of this system or other systems or 
programs (whether maintained by NASS or another entity) that rely upon 
the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with NASS' efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    Additionally, this system provides for a routine use disclosure to 
agency contractors who have been engaged by NASS to assist in the 
performance of services related to this system of records and who need 
access to the records in order to perform the activity. Recipients 
shall be required to comply with the requirements of the Privacy Act of 
1974, as amended, pursuant to 5 U.S.C. 552a(m).
    Disclosure to Consumer Reporting Agencies: None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System

    Storage: Machine readable name, address, and control data are 
located at the USDA NITC facility in Kansas City, MO. Data backups are 
stored on magnetic tapes also located at the NITC facility.
    Retrievability: Data are retrieved by unique identification numbers 
internal to the agency. List sampling frame records are indexed by a 
record identifier assigned by each NASS Field Office. Each record also 
can be accessed by its Social Security Number.
    Safeguards: All NASS employees are required to sign a pledge of 
confidentiality that carries severe legal penalties for violating the 
pledge. NASS employs physical security controls, logical access 
controls, technological controls, auditing, and monitoring of controls. 
Magnetic backup tapes stored at NITC are secured within areas to which 
access is limited to authorized personnel only. The NASS Memorandum of 
Understanding with NITC contains provisions for (1) network data 
confidentiality, integrity, and availability and (2) physical security.
    Retention and Disposal: Retention and disposal practices are in 
accordance with approved National Archives and Records Administration 
schedules.
    System Manager(s) and Address: Director, Census and Survey 
Division, National Agricultural Statistics Service, 1400 Independence 
Avenue, SW., Washington, DC 20250.
    Notification Procedure: Any individual may request information as 
to whether the system contains records pertaining to him or her by 
contacting the system manager at the address specified above. The 
request for information should contain name, address, and system of 
records name.
    Record Access Procedures: Same as notification procedure.
    Contesting Record Procedures: Any individual may obtain information 
as to the procedures for contesting a record in this system which 
pertains to him or her by submitting a request to the system manager 
specified above.
    Record Source Categories: Names to update the list sampling frame 
are assembled from a variety of sources. Data collected by NASS from 
the Agricultural Survey Program and Census of Agriculture are also used 
to update the list sampling frame records.
    Exemptions Claimed for the System: None.

USDA/NASS-3

    System Name: Census of Agriculture Records, USDA/NASS-3.
    Security Classification: None.
    System Location:
    Census of Agriculture records are located at the following sites:
    NASS Headquarters, 1400 Independence Avenue, SW., Washington, DC 
20250,
    USDA National Information Technology Center (NITC) facility at 8930 
Ward Parkway, Kansas City, MO 64114,
    U.S. Census Bureau National Processing Center (NPC) facility at 
1201 East 10th Street, Jeffersonville, IN 47132.
    Categories of Individuals Covered by the System: Farm and ranch 
operators.
    Categories of Records in the System: Information on farm and ranch 
operators includes name, address, telephone number, age, race or ethnic 
origin, gender, and census agricultural data.

    Authority for Maintenance of the System: 7 U.S.C. 2204g, 7 
U.S.C. 2276, 44 U.S.C. 3501, and the Confidential Information 
Protection and Statistical Efficiency Act (CIPSEA) of 2002.

    Agency Official Responsible for System of Record:
    Associate Administrator, National Agricultural Statistics Service, 
1400 Independence Avenue, SW., Washington, DC 20250.
    Purpose(s): The Census of Agriculture, conducted every 5 years, 
measures the economic well-being of farm and ranch operators. This is 
achieved by collecting, tabulating, and analyzing data on a range of 
agricultural issues such as crop production, livestock inventories, 
labor costs, farm-related expenses, assets, and income to provide 
county, State, regional, and national agricultural statistics.
    Disclosure of Information: Disclosure may be made only to sworn 
NASS employees for the purpose of compiling statistical aggregates at 
the county, State, regional, and national levels. Data records 
maintained by NASS are used solely for statistical purposes and are 
confidential under 7 U.S.C. 2204, 7 U.S.C. 2276, and CIPSEA of 2002. 
Publications and special summaries do not contain data that would 
divulge the identity of any individual operator or agri-business.
    Routine Use of Records: To the extent that disclosure will not 
violate any confidentiality statutes, disclosure will be made to 
appropriate agencies, entities, and persons if (1) NASS suspects or has 
confirmed that the security or confidentiality of information in the 
system of records has been compromised; (2) NASS has determined that as 
a result of the suspected or confirmed compromise there is a risk of 
harm to economic or property interests, identity theft or fraud, or 
harm to the security or integrity of this system or other systems or 
programs (whether maintained by NASS or another entity) that rely upon

[[Page 19041]]

the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with NASS' efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    Additionally, this system provides for a routine use disclosure to 
agency contractors who have been engaged by NASS to assist in the 
performance of services related to this system of records and who need 
access to the records in order to perform the activity. Recipients 
shall be required to comply with the requirements of the Privacy Act of 
1974, as amended, pursuant to 5 U.S.C. 552a(m).
    Disclosure to Consumer Reporting Agencies: None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System

    Storage: Census paper questionnaires are converted into electronic 
format at NPC and stored locally on NPC servers. Electronic copies are 
transmitted to NASS servers located at NITC for storage and processing. 
Data backups are stored on magnetic tapes.
    Retrievability: Data are retrieved by unique identification numbers 
internal to the agency.
    Safeguards: All NASS employees are required to sign a pledge of 
confidentiality that carries severe legal penalties for violating the 
pledge. NASS employs physical security controls, logical access 
controls, technological controls, auditing, and monitoring of controls. 
Paper questionnaires at NPC are stored inside secured spaces. Magnetic 
backup tapes stored at NITC and NPC are secured within areas to which 
access is limited to authorized personnel only. The NASS Memorandums of 
Understanding with NPC and NITC contain provisions for (1) network data 
confidentiality, integrity, and availability, and (2) physical 
security.
    Retention and Disposal: Retention and disposal practices are in 
accordance with approved National Archives and Records Administration 
schedules.
    System Manager(s) and Address: Director, Census and Survey 
Division, National Agricultural Statistics Service, 1400 Independence 
Avenue, SW., Washington, DC 20250.
    Notification Procedure: Any individual may request information as 
to whether the system contains records pertaining to him or her by 
contacting the system manager at the address specified above. The 
request for information should contain name, address, system of records 
name, and year that the Census of Agriculture questionnaire was 
completed.
    Record Access Procedures: Same as notification procedure.
    Contesting Record Procedures: Any individual may obtain information 
as to the procedures for contesting a record in this system which 
pertains to him or her by submitting a request to the system manager 
specified above.
    Record Source Categories: Information in this system comes solely 
from responding farmers and ranchers.
    Exemptions Claimed for the System: None.

[FR Doc. E9-9482 Filed 4-24-09; 8:45 am]
BILLING CODE 3410-01-P