[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60245-60248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23868]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

[Docket No. APHIS-2012-0039]


Privacy Act Systems of Records; LabWare Laboratory Information 
Management System

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of a proposed new system of records.

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SUMMARY: The Animal and Plant Health Inspection Service 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 is the LabWare 
Laboratory Information Management System, USDA-APHIS-19. 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.

DATES: Effective Date: This system will be adopted without further 
notice on November 12, 2013 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 
October 31, 2013.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0039-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0039, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0039 or in our reading room, which 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.,

[[Page 60246]]

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: Dr. Elizabeth A. Lautner, NVSL LabWare 
LIMS Owner, NVSL, APHIS, 1920 Dayton Avenue, Ames, IA 50010; (515) 337-
7301.

SUPPLEMENTARY INFORMATION:

Background

    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 LabWare Laboratory Information Management System 
(LabWare LIMS), to maintain a record 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.).
    LabWare LIMS is used to track and save results of diagnostic 
testing performed by or under the auspices of APHIS' National 
Veterinary Services Laboratories (NVSL).
    Diagnostic testing provides official test results for animal 
imports, exports, and interstate movements, and for certifying the 
disease status of herds and States or zones. Diagnostic testing is also 
done in connection with suspected foreign animal disease investigations 
and domestic control and eradication programs. Records in the system 
provide current and historical data used for detecting animal diseases, 
conducting emergency responses, conducting and evaluating animal 
disease control measures, performing epidemiological investigations, 
and forecasting possible animal disease occurrences and outbreaks.
    The LabWare LIMS holds information related to submitters and owners 
of samples submitted for diagnostic testing, as well as sample specific 
information, testing data, and information on reagents used for tests.
    Information about submitters and owners of diagnostic samples 
includes some or all of the following: Name, shipping address, invoice 
address, telephone number, email address, and National Finance Center 
account number or credit card number (last four digits only). This 
information is required in order to identify diagnostic samples and 
track and save test results, report test results, and bill for 
services.
    Information about submitters and owners of diagnostic samples is 
from submission forms that accompany laboratory specimens sent to the 
NVSL for diagnostic testing. The NVSL receives approximately 50,000 
submissions annually from State and private veterinary diagnostic 
laboratories, as well as private veterinary practitioners, Federal meat 
inspectors, Federal field veterinarians, and others. In addition, the 
NVSL receives laboratory samples from other countries related to 
imports and for cases where other countries request diagnostic 
assistance.
    Additionally, the system contains information about APHIS employees 
who enter data into the system, including some or all of the following: 
Name, job title, business telephone number, business email address, 
supervisor's name, organizational group to which employee belongs 
within the NVSL and APHIS' Center for Veterinary Biologics, and 
training and proficiency records related to diagnostic testing. 
Employee information contained in the system creates data for APHIS' 
User Fees System application.
    APHIS routinely shares records concerning diagnostic test results 
with the submitting veterinarian and State veterinarians of the 
submitter's State, animal owner's State, and animal's location State. 
They receive a test report with the data submitted and the results of 
the testing. The original submission form may also be included with the 
test report.
    Other routine uses of records include releases related to 
litigation or investigations of violations of law. A complete listing 
of the routine uses of records maintained in this system is included in 
the document published with this notice.

Report on a New System of Records

    A report on the new system of records, required by 5 U.S.C. 
552a(r), as implemented by OMB 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, House of Representatives; and the Administrator, 
Office of Information and Regulatory Affairs, OMB.

Thomas J. Vilsack,
Secretary.
SYSTEM NAME:
    LabWare Laboratory Information Management System (LabWare LIMS), 
USDA-APHIS-19.

Security classification:
    None.

System location:
    The master data for the LabWare LIMS is stored and maintained on 
USDA-owned servers physically located in the secure USDA-owned 
facility, National Centers for Animal Health in Ames, IA. A backup site 
for the data is located in USDA offices in Ft. Collins, CO. Paper files 
are maintained by USDA's National Veterinary Services Laboratories 
(NVSL) at Ames, IA, and Plum Island, NY.

Categories of individuals covered by the system:
    Submitters and owners of animal diagnostic samples received by the 
NVSL, and USDA employees who enter data into the LabWare LIMS from 
laboratory records or other paperwork provided by sample submitters.

Categories of records in the system:
    The LabWare LIMS will collect some or all of the following 
information about submitters and owners of diagnostic samples: Name, 
shipping address, invoice address, telephone number, email address, and 
National Finance Center account number or credit card number (last four 
digits only). The LabWare LIMS will collect some or all of the 
following information about USDA employees who enter data into the 
system: Name, job title, business telephone number, business email 
address, supervisor's name, organizational group to which employee 
belongs within the NVSL and APHIS' Center for Veterinary Biologics, and 
diagnostic testing related training and proficiency records.

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

Purpose(s):
    The LabWare LIMS is a laboratory information system that tracks and 
saves test results on animal diagnostic samples received at the NVSL.

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.

[[Page 60247]]

552a(b) of the Privacy Act, records maintained in the system may be 
disclosed outside USDA as follows:
    (1) To the submitting veterinarian and State veterinarians of the 
submitter State, owner State, and animal location State to provide test 
results;
    (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: (a) The agency, or any 
component thereof; or (b) any employee of the agency in his or her 
official capacity; or (c) any employee of the agency in his or her 
individual capacity where the Department of Justice has agreed to 
represent the employee; or (d) the United States, 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: (a) The agency, 
or any component thereof; or (b) any employee of the agency in his or 
her official capacity; or (c) any employee of the agency in his or her 
individual capacity where the agency has agreed to represent the 
employee; or (d) the United States, 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: (a) The 
agency suspects or has confirmed that the security or confidentiality 
of information in the system of records has been compromised; (b) 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 (c) 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 the National Archives and Records 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 system includes a database and paper records. The master 
electronic data is stored and maintained on USDA-owned servers 
physically located in a secure USDA-owned facility. Paper files, 
consisting of the submission forms for diagnostic samples, are stored 
in lockable cabinets in laboratory space or administrative offices.

Retrievability:
    Data may be retrieved by an accession number, which is a system 
generated identification number; or by a sample number assigned by the 
sample submitter; or by a number assigned by NVSL to a submitter; or by 
a submitter's name.

Safeguards:
    Data are kept in a secure environment at USDA-owned facilities. All 
access to LabWare LIMS is internal to USDA APHIS staff.
    All access to the electronic data in the system is controlled by 
formal authorization. Each employee's supervisor must identify what 
functional roles an employee needs in the LabWare LIMS. Once the roles 
have been identified, the employee must pass a proficiency test and 
perform tasks associated with that role before he or she is given 
access to the production system. All access to the system is limited by 
username/password. Employees must acknowledge a warning banner before 
logging in. The application limits access to relevant information and 
prevents access to unauthorized information. Users are trained and are 
required to formally confirm that they understand value and sensitivity 
of data in the system. Submitting veterinarians and State veterinarians 
receive test reports by email and/or through a Lotus Notes-based system 
that is fed by LabWare LIMS, but they have no direct access to LabWare 
LIMS.
    Electronic and paper records are further protected by security 
measures in place at both the Ames and Plum Island facilities related 
to laboratory work conducted there. In Ames, the entire facility is 
protected by perimeter fencing and monitored by closed circuit cameras. 
Access to Plum Island is restricted to contracted and monitored ferry 
service. At both locations, buildings are locked, guarded, and 
monitored around the clock, and laboratory spaces have additional 
security measures.

Retention and disposal:
    Records will be retained indefinitely pending approval of a records 
retention schedule by the National Archives and Records Administration. 
Under the schedule submitted for approval, paper records would be 
retained for a minimum of 3 years, data would be maintained in the 
system for 25 years, and would be archived at 5-year intervals.

System manager(s) and address:
    Director, National Veterinary Services Laboratories, 1920 Dayton 
Avenue, Ames, IA 50010.

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 
email 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

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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:
    The sources of information in the system are from submission forms 
that accompany laboratory specimens sent into the laboratory for 
diagnostic testing. The NVSL receives submissions from State and 
private veterinary diagnostic laboratories as well as private 
veterinary practitioners, Federal meat inspectors, Federal field 
veterinarians, and others. In addition, the NVSL receives laboratory 
samples from other countries associated with imports and for cases 
where diagnostic assistance is requested.

Exemptions claimed for the system:
    None.

[FR Doc. 2013-23868 Filed 9-30-13; 8:45 am]
BILLING CODE 3410-34-P