[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 56999-57004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23210]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0102]


Privacy Act of 1974; System of Records

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget Circular No. A-108, the U.S. Department of Agriculture 
(USDA) gives notice that a component agency, the Animal and Plant 
Health Inspection Service (APHIS), proposes to modify an existing 
system of records notice titled Veterinary Services--Animal Welfare, 
USDA/APHIS-8. Among other changes, the system will be renamed Animal 
Welfare Act and Horse Protection Act, USDA/APHIS-8.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
applicable upon publication, subject to a 30-day notice and comment 
period in which to comment on the routine uses described below. Please 
submit any comments by November 25, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to: http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0102.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0102, 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-2011-
0102 or in our reading room, which is located in Room 1141 of the USDA 
South

[[Page 57000]]

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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact 
Mr. Tola Liv, Information Systems Security Manager, Animal Care, APHIS, 
4700 River Road Unit 84, Riverdale, MD 20737; (301) 851-3741. For 
Privacy Act questions concerning this system of records notice, please 
contact Ms. Tonya Woods, Director, Freedom of Information Act/Privacy 
Act, 4700 River Road Unit 50, Riverdale, MD 20737; (301) 851-4076. For 
USDA Privacy Act questions, please contact the USDA Chief Privacy 
Officer, Information Security Center, Office of Chief Information 
Officer, USDA, Jamie L. Whitten Building, 1400 Independence Ave. SW, 
Washington, DC 20250; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. The Privacy Act

    The Privacy Act of 1974, as amended (5 U.S.C. 552a), embodies fair 
information principles in a statutory framework governing the means by 
which the United States Government collects, maintains, uses, and 
disseminates individuals' records. The Privacy Act applies to 
information that is maintained in a ``system of records.'' A ``system 
of records'' is a group of any records under the control of an agency 
for which information is retrieved by the name of an individual or by 
some identifying number, symbol, or other identifying particular 
assigned to the individual. In the Privacy Act, an individual is 
defined to encompass United States citizens and lawful permanent 
residents.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, including the routine uses for 
each system, to inform individuals how and why Privacy Act information 
may be disclosed outside of the agency.

II. Discussion

    The U.S. Department of Agriculture (USDA) Animal and Plant Health 
Inspection Service (APHIS) is modifying an existing system of records 
notice for Veterinary Services-Animal Welfare, USDA/APHIS-8, which was 
last published on February 27, 1987, in its entirety in the Federal 
Register (52 FR 6031, Docket No. 86-408). APHIS is modifying the system 
of records notice to rename the system as ``Animal Welfare Act and 
Horse Protection Act, USDA/APHIS-8.'' APHIS is also expanding the 
system to include records of activities conducted by regulated entities 
and the agency pursuant to the Animal Welfare Act (AWA, 7 U.S.C. 2131-
2159) and the Horse Protection Act (HPA, 15 U.S.C. 1821-1831), and the 
regulations issued thereunder.
    APHIS is making the following changes to the system of records 
notice:
     Updating the system location and system manager;
     Expanding the categories of individuals to include 
additional individuals who participate in activities related to the AWA 
as well as individuals who participate in activities related to the HPA 
or who are otherwise identified in HPA or AWA related records;
     Expanding the categories of records to include additional 
records relating to the AWA and HPA;
     Revising the record source categories to reflect records 
relating to the HPA;
     Updating the policies and practices for storage, 
retrievability, and retention and disposal of records in the system;
     Updating the system safeguards;
     Updating the notification, record access, and contesting 
record procedures;
     Revising, deleting, redesignating, and establishing 
routine uses as follows:
    [cir] Deleting current routine use 1, which will be clarified and 
replaced by newly established routine uses;
    [cir] Revising current routine use 2 and redesignating it as 
routine use 12. The changes are editorial and intended to more 
accurately describe the referral of records to appropriate law 
enforcement agencies, entities and persons;
    [cir] Revising current routine use 3 and redesignating it as 
routine use 13. The changes are editorial and conforming changes;
    [cir] Revising current routine use 4 and redesignating it as 
routine use 14. The changes are editorial and intended to more 
accurately describe the disclosure of records to a court or 
adjudicative body;
    [cir] Revising current routine use 5 and redesignating it as 
routine use 19. The changes are editorial and conforming changes;
    [cir] Establishing new routine use 1 for disclosure of licensee and 
registrant information to the public pursuant to 9 CFR 2.38(c) and 9 
CFR 2.127;
    [cir] Establishing new routine use 2 for disclosure of annual 
report information to the public pursuant to 9 CFR 2.7 and 9 CFR 2.36;
    [cir] Establishing new routine use 3 for disclosure of information 
from inspection reports and regulatory correspondence to attending 
veterinarians in order to carry out duties under the AWA pursuant to 9 
CFR 2.33 and 9 CFR 2.40;
    [cir] Establishing new routine use 4 for disclosure of information 
to other public authority agencies or officials to carry out duties 
under the AWA or under laws on the same subject pursuant to 7 U.S.C. 
2145(b);
    [cir] Establishing new routine use 5 for disclosure of inspection 
reports and permit status to entities such as pet stores to the extent 
required to comply with a State, local, Tribal or other public 
authority's requirement to verify compliance with the AWA;
    [cir] Establishing new routine use 6 for disclosure of information 
to a research institution to complete research or compile a report in 
furtherance of USDA's mission;
    [cir] Establishing new routine use 7 for disclosure of final 
adjudicatory decisions and orders to any person;
    [cir] Establishing new routine use 8 for disclosure to any person 
of information identifying Designated Qualified Persons and Horse 
Industry Organizations (HIOs) or associations;
    [cir] Establishing new routine use 9 for disclosure of HPA 
inspection findings and correspondence to any regulated horse owner, 
HIO, and other entities responsible for licensure or required to verify 
compliance with the HPA;
    [cir] Establishing new routine use 10 for disclosure to any person 
of information identifying a person or entity who has been 
disqualified, suspended, and/or otherwise prohibited from participating 
in certain activities under the HPA;
    [cir] Establishing new routine use 11 for disclosure to any person 
of information identifying any regulated entity or individual whose AWA 
license or permit has been suspended, revoked, expired, terminated, or 
denied;
    [cir] Establishing new routine use 15 for disclosure to appropriate 
agencies, entities and persons of information necessary to respond to a 
suspected or confirmed breach of the system of records in accordance 
with Office of Management and Budget (OMB) Memorandum M-17-12, 
Preparing for and Responding to a Breach of Personally Identifiable 
Information (January 3, 2017);
    [cir] Establishing new routine use 16 for disclosure to another 
Federal agency or entity of information reasonably necessary to assist 
in responding to a suspected or confirmed breach or to prevent, 
minimize, or remedy harm, in

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accordance with OMB Memorandum M-17-12;
    [cir] Establishing new routine use 17 for disclosure to USDA 
contractors and other parties assisting in administering the program, 
analyzing data, information management systems, Freedom of Information 
Act requests, and audits;
    [cir] Establishing new routine use 18 for disclosure to USDA 
contractors and others employed to identify fraud, waste, or abuse;
    [cir] Establishing new routine use 20 for disclosure to the 
National Archives and Records Administration or to the General Services 
Administration for records management activities; and
    [cir] Establishing new routine use 21 for disclosure to the 
Treasury Department to carry out any and all functions within their 
jurisdiction, including but not limited to, processing payments, fees, 
collections, penalties, and offsets.
    A report on the modified system of records, required by 5 U.S.C. 
552a(r), as implemented by Office of Management and Budget Circular A-
108 was sent to the Chairman, Committee on Homeland Security and 
Governmental Affairs, United States Senate; the Chairman, Committee on 
Oversight and Reform, House of Representatives; and the Administrator, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget.

    Done in Washington, DC, this 18th day of October 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.

SYSTEM NAME AND NUMBER:
    Animal Welfare Act and Horse Protection Act, USDA/APHIS-8

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    Paper-based records are located in the APHIS offices at 4700 River 
Rd, Riverdale, MD; 920 Main Campus Drive Suite 200, Raleigh, NC; and 
2150 Centre Avenue, Building B, Mailstop 3W11, Fort Collins, CO. The 
server for the electronic database is currently located in the United 
States Department of Agriculture's (USDA or Department) National 
Information Technology Center (NITC), 8930 Ward Parkway, Kansas City, 
MO 64114, but may be relocated to a similarly secure location, as 
needed. A backup site for the electronic data is located in the NITC 
Disaster Recovery, 4300 Goodfellow Blvd., St. Louis, MO 63120, but may 
be relocated to a similarly secure location, as needed.

SYSTEM MANAGER:
    Deputy Administrator, Animal Care, APHIS, 4700 River Road, Unit 84, 
Riverdale, MD 20737.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Animal Welfare Act (AWA), 7 U.S.C. 2131 et seq., and the 
regulations issued thereunder, 9 CFR parts 1 through 4; and the Horse 
Protection Act (HPA), 15 U.S.C. 1821 et seq., and the regulations 
issued thereunder, 9 CFR parts 11 and 12.

PURPOSES OF THE SYSTEM:
    This system supports APHIS' administrative activities and 
enforcement of the AWA and HPA.
    The AWA seeks to ensure the humane handling, care, treatment, and 
transportation of animals intended for use by dealers, exhibitors, 
carriers, research facilities, operators of auction sales, and 
intermediate handlers. The entities using certain animals for research 
purposes, exhibition, and transportation in commerce, or for resale use 
as a pet are required to obtain a license or registration from the 
USDA. In addition, entities importing dogs into the United States for 
resale purposes are required to obtain a permit. APHIS partners with 
Federal agencies, States, local and Tribal governments and non-
governmental organizations to ensure the safety, health and well-being 
of vulnerable animals.
    The HPA prohibits the showing, sale, auction, exhibition, and 
transportation of horses that have been subject to the practice of 
soring, which is a cruel and inhumane practice designed to enhance a 
horse's competitive advantage in shows and exhibitions. The HPA also 
holds the management of any horse show or other regulated event 
responsible for identifying sore horses and preventing their 
participation in the event. To be shielded from liability for the 
participation of a sore horse, management may appoint and retain 
persons qualified to detect and diagnose a horse that is sore or 
otherwise inspect horses for purposes of enforcing the HPA. After 
notice and an opportunity for a hearing in accordance with the 
applicable rules of practice, alleged violators of the HPA may be 
subject to penalties and sanctions for violations. APHIS partners with 
Federal agencies, States, local and Tribal governments and non-
governmental organizations to ensure that horses are not subjected to 
the practice of soring.
    This system provides a standard approach to collecting, recording, 
analyzing, maintaining, and reporting information.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include persons operating or 
intending to operate as dealers, exhibitors, operators of auction 
sales, research facilities, intermediate handlers, and carriers under 
the AWA; individuals who import dogs into the United States for resale 
purposes; individuals associated with the management of Department-
certified Horse Industry Organizations and Associations (HIOs); persons 
who are qualified to detect and diagnose a horse that is sore or 
otherwise inspect horses for purposes of enforcing the HPA; management 
of horse shows, exhibitions, sales, and auctions regulated under the 
HPA; alleged violators and adjudicated violators of the AWA and HPA and 
regulations issued thereunder; and other individuals who participate in 
inspection and enforcement activities relating to AWA and HPA, such as 
APHIS inspectors, APHIS Investigative and Enforcement Services 
investigators, licensee employees/representatives, attorneys, 
witnesses, complainants, etc.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Animal Welfare Act Records:
    The system includes paper and electronic records that include:
    Licensing and registration records, including, but not limited to, 
name and business or home address, telephone number, and other contact 
information; tax identification number, customer number, license or 
registration certificate number; licensee and research facility annual 
reports related to persons who seek or hold an AWA license or 
registration, persons responsible to ensure humane care of the animals 
(e.g., attending veterinarians) located at AWA regulated facilities; 
payment details such as name, last four digits of credit card and 
expiration date, or check numbers and amount for those who have applied 
for a license or renewal of a license requiring a payment; and other 
records required for regulatory purposes under the AWA.
    Compliance records, including, but not limited to, inspection 
reports, itineraries, enforcement actions, and other compliance records 
required to be maintained by the facility and supporting documents, 
compliance- and enforcement-related activities, and other records 
required for regulatory purposes under the AWA.
    Regulatory correspondence, including, but not limited to, 
information related to the denial or termination of a license or 
permit, and notices or advisories regarding alleged

[[Page 57002]]

violations or noncompliance with the AWA, records related to 
administrative and court litigation, correspondence between APHIS and a 
licensee/registrant/permitee or applicant, and other records required 
for regulatory purposes under the AWA.
    Complaint records, including, but not limited to, witness or person 
who has submitted information, and statements of alleged violations and 
violations by persons who are subject to the AWA.
    Permit records, including, but not limited to, name, address, and 
other contact information for the permittee, permit application, health 
certificate, rabies vaccination certificate, etc.; and other records 
required for regulatory purposes under the AWA.
    Horse Protection Act Records:
    The system includes paper and electronic records that include:
    Management records, including, but not limited to, name, business 
and/or home address, other contact information for managers or other 
management representatives, sponsoring organizations, persons 
designated to maintain management records, show judges, etc.; details 
of events and locations, including, but not limited to, dates and 
addresses; and other records required for regulatory purposes under the 
HPA.
    Transporter records, including, but not limited to, name, address, 
and other contact information of the horse owner and the shipper, the 
trainer, the carrier transporting the horse, the driver of the means of 
conveyance used; the origin of the shipment and date thereof and the 
destination of shipment; and other records required for regulatory 
purposes under the HPA.
    HIO records, including, but not limited to, the name, address, and 
other contact information of each certified HIO, and officers or 
persons charged with the management of the HIO; the HIO's formal 
request for certification and detailed outline for such program 
submitted for Departmental approval, rulebooks and industry-implemented 
disciplinary procedures, and associated correspondence; the name and 
address of any person qualified to detect and diagnose a horse that is 
sore or to otherwise inspect horses for purposes of enforcing the HPA 
or the management of any horse show, exhibition, sale, or auction; 
identity of all horses at each event that management disqualified or 
excused for any reason, including the registered name of each horse and 
the name and address of the owner, trainer, rider, exhibitor, or other 
person having custody of or responsibility for the care of each such 
horse; the exhibitor's number and class number, or the sale or auction 
tag number of the horse, the name and any applicable registered name 
and number (if the horse is registered), age, sex, color, and markings 
of the horse; disciplinary actions taken by the HIO against any 
exhibitor; photographs and videos depicting inspections conducted by 
HIO-licensed designated qualified persons; HIO performance evaluations 
and statistics; and other records required for regulatory purposes 
under the HPA.
    Designated qualified persons records (persons qualified to detect 
and diagnose a horse that is sore or to otherwise inspect horses for 
purposes of enforcing the HPA) including, but not limited to, the name, 
address, other contact information, and license number of each person 
who applies and/or is licensed to inspect horses in accordance with the 
HPA and regulations, information related to the disqualification of a 
person from holding a license to detect soreness in horses, and 
correspondence, including notice of performance concerns or license 
cancellation; details of inspections and identity of all horses at each 
event that the person recommended to management be disqualified or 
excused for any reason, including the registered name of each horse and 
the name and address of the owner, trainer, rider, exhibitor, or other 
person having custody of or responsibility for the care of each such 
horse; the exhibitor's number and class number, or the sale or auction 
tag number of the horse, the name and any applicable registered name 
and number (if the horse is registered), age, sex, color, and markings 
of the horse; photographs and videos depicting inspections conducted by 
designated qualified persons; performance evaluations and statistics; 
and other records required for regulatory purposes under the HPA.
    Compliance and regulatory correspondence records, including, but 
not limited to, inspection findings, compliance, regulatory and other 
correspondence, investigations, and enforcements under the HPA, as well 
as records related to administrative, civil, and criminal litigation; 
and other records required for regulatory purposes under the HPA.
    Complaint records, including, but not limited to, the name and 
address of a witness or person who has submitted a complaint concerning 
potential alleged violations and violations by persons who are subject 
to the HPA and the nature of their complaint.

RECORD SOURCE CATEGORIES:
    The AWA information is received from the applicant for a license, 
registration, or permit; the licensee, registrant, or permittee; the 
attending veterinarian; observations by APHIS inspectors; APHIS 
Investigative and Enforcement Services officials; or other person 
responsible for or who has information about the humane care of the 
animals. The HPA information is received from the HIO and other 
entities that issue licenses; the HIO records submitted to APHIS; the 
management of the horse show, exhibition, auction, or sale; the horse 
event management records submitted to APHIS; records submitted to APHIS 
by persons qualified to detect and diagnose a horse that is sore or 
otherwise inspect horses for purposes of enforcing the HPA; and the 
horse owner, trainer, custodian, rider, shipper, carrier, and 
transporter. Information may also be received from the witness or 
person who has submitted a complaint concerning potential alleged 
violations and violations by persons who are subject to the AWA or HPA.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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) APHIS may disclose the name, city, State, license or 
registration type and/or status, or change of a license or registrant 
to any person pursuant to 9 CFR 2.38(c) and 2.127;
    (2) APHIS may disclose annual reports submitted to APHIS by 
licensees and research facilities to any person pursuant to 9 CFR 2.7 
and 2.36;
    (3) APHIS may disclose inspection reports and other regulatory 
correspondence issued to licensees and registrants [from the agency] to 
any attending veterinarian in order to carry out duties under the AWA 
pursuant to 9 CFR 2.33 and 2.40;
    (4) APHIS may disclose the name, telephone number and other contact 
information, location, inspection reports, and regulatory and other 
correspondence of licensees, registrants, permitees, and applicants for 
the same, to appropriate Federal, foreign, State, local, Tribal, or 
other public authority agencies or officials, in order to carry out 
duties under the AWA or State, local, Tribal or other public authority 
on the same subject pursuant to 7 U.S.C. 2145(b);
    (5) APHIS may disclose inspection reports of licensees and 
registrants, and

[[Page 57003]]

permit status, to any pet store or other entity that is required under 
State, local, Tribal, or other public authority to verify a licensee, 
registrant, or permitee's compliance with the AWA;
    (6) APHIS may disclose information to the National Academies of 
Sciences, Engineering, and Medicine, and any other research institution 
engaged or approved by the Department, to the extent APHIS deems the 
disclosure necessary to complete research and/or compile a report in 
furtherance of the Department's mission;
    (7) APHIS may disclose final adjudicatory AWA and HPA decisions or 
orders by an appropriate authority to any person;
    (8) APHIS may disclose to any person the name, city, and State or 
other information to the extent necessary for proper identification of 
persons (referred to as ``Designated Qualified Persons'' or ``DQPs'') 
that are or have been qualified to detect and diagnose a horse that is 
sore or otherwise inspect horses for purposes of enforcing the HPA and 
of horse industry organizations or associations (referred to as 
``HIOs'') that have currently or have had in the past DQP programs 
certified by the USDA;
    (9) APHIS may disclose to any regulated horse owner, HIO, and other 
entities responsible for licensure or required to verify compliance 
with the HPA, HPA inspection findings and regulatory and other 
correspondence issued to persons or entities regulated under the HPA;
    (10) APHIS may disclose to any person the name, city, and State or 
other information to the extent necessary for proper identification of 
any person or entity who has been disqualified, suspended, and/or 
otherwise prohibited from showing or exhibiting any horse, or judging 
or managing any horse show, horse exhibition, horse sale, or horse 
auction under the HPA and the terms of such action;
    (11) APHIS may disclose to any person the name, city, and State or 
other information to the extent necessary for proper identification of 
any regulated individual or entity whose license or permit has been 
suspended, revoked, expired, terminated, or denied under the AWA and 
the terms of such action;
    (12) APHIS may disclose to appropriate law enforcement agencies, 
entities, and persons, whether Federal, foreign, State, local, or 
Tribal, or other public authority responsible for enforcing, 
investigating, or prosecuting an alleged violation or a violation of 
law or charged with enforcing, implementing, or complying with a 
statute, rule, regulation, or order issued pursuant thereto, when a 
record in this system on its face, or in conjunction with other 
records, 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 regulation, rule, 
or court order issued pursuant thereto, if the information disclosed is 
relevant to any enforcement, regulatory, investigative, or prosecutive 
responsibility of the receiving entity;
    (13) APHIS may disclose 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;
    (14) APHIS may disclose information in this system of records to a 
court or adjudicative body in administrative, civil, or criminal 
proceedings 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 
Government, is a party to litigation or has an interest in such 
litigation, and by careful review, the agency determines that the 
records are to be for a purpose that is compatible with the purpose for 
which the agency collected the records;
    (15) APHIS may disclose information from this system of records to 
appropriate agencies, entities, and persons when: (a) USDA suspects or 
has confirmed that there has been a breach of the system of records; 
(b) USDA has determined that as a result of the suspected or confirmed 
breach there is a risk of harm to individuals, USDA (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and (c) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with USDA's efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm;
    (16) APHIS may disclose information from this system of records to 
another Federal agency or Federal entity, when the USDA determines that 
information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (a) responding to a suspected 
or confirmed breach or (b) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach;
    (17) APHIS may disclose information in this system of records to 
USDA contractors and other parties engaged to assist in administering 
the program, analyzing data, developing information management systems, 
processing Freedom of Information Act requests, and conducting audits. 
Such contractors and other parties will be bound by the nondisclosure 
provisions of the Privacy Act;
    (18) APHIS may disclose information in this system of records to 
USDA contractors, partner agency employees or contractors, or private 
industry employed to identify patterns, trends, or anomalies indicative 
of fraud, waste, or abuse;
    (19) APHIS may disclose information in this system of records to a 
Congressional office from the record of an individual in response to 
any inquiry from that Congressional office made at the written request 
of the individual to whom the record pertains;
    (20) APHIS may disclose information in this system of records to 
the National Archives and Records Administration or to the General 
Services Administration for records management activities conducted 
under 44 U.S.C. 2904 and 2906; and
    (21) APHIS may disclose information in this system of records to 
the Treasury Department as necessary to carry out any and all functions 
within their jurisdiction, including but not limited to, processing 
payments, fees, collections, penalties, and offsets.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper-based records are maintained in USDA offices and buildings 
that are locked during non-business hours and that require presentation 
of employee

[[Page 57004]]

identification for admittance and access at all times. Electronic 
records are maintained in an electronic database on a server in a 
secure data center or on the APHIS web server and website that is 
maintained by APHIS' Marketing and Regulatory Programs Information 
Technology staff. Information Technology personnel maintain backup 
media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system maintained pursuant to the AWA and 
regulations may be retrieved by legal name; certificate/license/permit 
number, or customer identification number, and the complaint number; 
and the name of the witness or person who has submitted a complaint 
concerning potential alleged violations and violations by persons who 
are subject to the AWA.
    Records maintained pursuant to the HPA and regulations may be 
retrieved by the name of the alleged violator or violator (owner, 
trainer, rider, custodian, exhibitor, transporter, horse carrier, 
shipper); the name of the judge, farrier, or the HIO; the name of the 
person qualified to detect and diagnose a horse that is sore or 
otherwise inspect horses for purposes of enforcing the HPA; the name 
and date of the horse show, exhibition, sale, or auction, address, 
horse name, the name of the stable; date and type of alleged violation 
or violation; HIO ticket or other similar number; and date and type of 
HIO disciplinary action; and the name of the witness or person who has 
submitted a complaint concerning potential alleged violations and 
violations by persons who are subject to the HPA.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Paper and electronic records will be retained in accordance with an 
established records retention schedule. Some records considered as 
permanent will be maintained in accordance with NARA requirements.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to the restricted portions of the database system requires 
certain levels of authorization through USDA eAuthentication, which is 
a system that enables individuals to obtain user-identification 
accounts with password-protected access to certain USDA Web-based 
applications and services through the internet. APHIS personnel who 
input data must have a high-level eAuthentication account. Persons who 
apply for a license, registration, or permit or are licensed, 
registered or permitted pursuant to the AWA have a lower level 
eAuthentication account and will only have access to their own records 
to input certain information. These individuals can also apply for, 
pay, or check the status of their applications, and their license, 
registration, or permit status. HIOs and persons qualified to detect 
and diagnose a horse that is sore or otherwise inspect horses for 
purposes of enforcing the HPA will only have access to input certain 
information in their own records, such as but not limited to 
information entered in the system by HIOs regarding disciplinary 
actions taken and information on sore horses that were disqualified or 
prohibited by management from participating in shows, exhibitions, 
sales, or auctions. The general public will have read-only access to 
system generated reports through APHIS' website and will require 
eAuthentication.

RECORD ACCESS PROCEDURES:
    An individual who is the subject of a record in this system may 
seek access to those records that are not exempt from the access 
provisions. Exemptions apply only to the extent that the information in 
the system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2), if 
applicable. A determination whether a record may be accessed will be 
made at the time a request is received. All inquiries should be 
addressed under ``Notification procedures.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the address indicated in the 
``Notification procedures'' section, below. Some information may be 
exempt from the amendment provisions, as described in the section 
entitled ``Exemptions promulgated for the system.'' An individual who 
is the subject of a record in this system may seek amendment of those 
records that are not exempt. A determination whether a record may be 
amended will be made at the time a request is received.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of and access to any non-exempt 
general information contained in this system of records, or seeking to 
contest its content, may submit a request in writing to the APHIS 
Freedom of Information Act (FOIA) Officer, whose contact information 
can be found at https://www.aphis.usda.gov/aphis/resources/foia. If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her the individual may submit the request to 
the Chief FOIA Officer, Department of Agriculture, 1400 Independence 
Avenue SW, Washington, DC 20250.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 7 CFR part 1, subpart G. In 
addition you should provide the following:
    An explanation of why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the FOIA 
staff determine which USDA component agency may have responsive 
records; and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his or her agreement for you to access his or her records.
    Without this bulleted information the component(s) will not be able 
to conduct an effective search, and our request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    On February 27, 1987 (52 FR 6031), USDA/APHIS-8, ``Veterinary 
Services--Animal Welfare'' was published as a new system of records and 
effective on April 28, 1987.

[FR Doc. 2019-23210 Filed 10-23-19; 8:45 am]
 BILLING CODE 3410-34-P