[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16163-16165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05746]



[[Page 16163]]

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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2011-0031]


Privacy Act of 1974; New System of Records

AGENCY: U.S. Department of Agriculture, Food Safety and Inspection 
Service.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Agriculture (USDA) proposes a new Food Safety and 
Inspection Service (FSIS) system of records entitled: USDA/FSIS-0005, 
AssuranceNet (ANet). ANet is a Web-based system that collects 
information to support FSIS' mission through detecting vulnerabilities 
in food safety systems, processes, and functions so that the potential 
for harm can be promptly identified, reduced, and eliminated. The 
information stored in ANet is gathered from various electronic and 
paper-based sources, and is used to track, measure, and monitor 
activities and performance. The System also alerts FSIS' management 
officials to the performance of critical public health and food defense 
functions; assists in discerning trends; identifies and focuses on 
areas of high-risk; and helps to determine strategies to combat threats 
to food safety and food defense. Within ANet, FSIS maintains contact 
and other identifying information about Federal employees, State 
employees, contractors of USDA, government officials, and 
representatives who work at or are associated with the work at meat and 
poultry establishments and egg products plants.

DATES: Applicable Date: April 21, 2022. Written comments must be 
received on or before the above date. The proposed system will be 
adopted on the above date, without further notice, unless it is 
modified in response to comments, in which case the notice will be 
republished.

ADDRESSES: FSIS invites interested persons to submit comments on the 
notice. Comments may be submitted by one of the following methods:
     Federal eRulemaking Portal: This website provides the 
ability to type short comments directly into the comment field on this 
web page or attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
     Mail: Send to Docket Clerk, U.S. Department of 
Agriculture, Food Safety and Inspection Service, 1400 Independence 
Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
     Hand- or courier-delivered submittals: Deliver to 1400 
Independence Avenue SW, Jamie L. Whitten Building, Room 350-E, 
Washington, DC 20250-3700.
    Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number FSIS-2011-0031. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to https://www.regulations.gov.
    Docket: For access to background documents or comments received, 
call (202) 720-5627 to schedule a time to visit the FSIS Docket Room at 
1400 Independence Avenue SW, Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Scott Safian, AssuranceNet System 
Owner/Manager, Enforcement and Litigation Division, Office of 
Investigation, Enforcement and Audit, Food Safety and Inspection 
Service, 1400 Independence Ave. SW, Washington, DC, 20250; Telephone 
202-418-8872. FOR PRIVACY Questions: Privacy Office, Office of the 
Chief Information Officer, USDA, 1400 Independence Ave. SW, Washington, 
DC, 20250; Telephone 202-619-8503.

SUPPLEMENTARY INFORMATION: The Privacy Act requires agencies to publish 
in the Federal Register (FR) a notice of any new or revised system of 
records. A ``system of records'' is a group of any records under the 
control of an agency from which information is retrievable by the name 
of the individual or by some unique identifier assigned to the 
individual. USDA is proposing to establish a new System of Records 
Notice, entitled USDA/FSIS-0005, AssuranceNet (ANet).
    The primary purpose of ANet is to enable oversight, monitoring, and 
management of critical public health activities related to meat, 
poultry, and egg products manufactured and handled by businesses under 
the regulatory oversight of FSIS. ANet tracks, measures, and monitors 
critical public health information and regulatory functions executed by 
FSIS employees. ANet's data enables FSIS to ensure that critical public 
health functions and activities are performed effectively, according to 
designated schedules and times, and that the methods used are 
standardized and traceable. The System compares actual performance with 
predetermined performance measures of the individual regulated 
businesses and Agency employees, and in aggregate groups of 
establishments and in-commerce facilities, program circuits, regions 
and districts, and by program activities and projects.
    FSIS program areas currently use ANet to monitor public health 
regulatory activities. ANet tracks regulatory, compliance, and 
performance information related to inspection, surveillance, 
enforcement, and litigation activities and compares this data to 
performance targets. The data comparisons allow for management 
oversight and control of regulatory activities and agency performance 
across several diverse program areas. ANet strengthens FSIS' ability to 
analyze the effectiveness of its regulatory policies and procedures and 
assures that its methods, evaluations, and enforcement activities are 
standardized and traceable nationwide.
    ANet comprises multiple systems and system functions. The System's 
structure consists of the components that provide application security, 
application navigation, business logic processing, data storage and 
retrieval, data presentation, report creation and distribution, 
performance management, document management, and workflow management.
    The USDA is issuing a Notice of Proposed Rulemaking to exempt this 
System of Records from certain provisions of the Privacy Act. A Privacy 
Impact Assessment is posted on https://www.usda.gov/sites/default/files/documents/fsis-assurance-net-pia.pdf.
    In accordance with the Privacy Act, as implemented by the Office of 
Management and Budget (OMB) Circular A-108, USDA has provided a report 
of this proposed new system of records to the Chair of the Committee on 
Homeland Security and Governmental Affairs, United States Senate; the 
Chair of the Committee on Oversight and Government Reform, House of 
Representatives; and the Administrator of the Office of Information and 
Regulatory Affairs, OMB.

    Done, in Washington, DC
Paul Kiecker,
Administrator.

SYSTEM NAME AND NUMBER:
    AssuranceNet (ANet), USDA/FSIS-0005.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the U.S. Department of Agriculture, 1400 
Independence Avenue SW, Washington, DC 20250, and at USDA's National

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Information Technology Center facility at 8930 Ward Parkway, Kansas 
City, Missouri, 64114.

SYSTEM MANAGER:
    Director, Enforcement and Litigation Division, Office of 
Investigation, Enforcement and Audit, Food Safety and Inspection 
Service, 355 E Street SW, Room 9-205, Patriots Plaza 3, Washington, DC 
20024.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Poultry Products Inspection Act (21 U.S.C. 451 et seq.); Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.); Egg Products Inspection 
Act (21 U.S.C. 1031 et seq.); Humane Methods of Livestock Slaughter Act 
of 1978 (7 U.S.C. 1901-1906); Authority to Operate (ATO), dated 03/23/
2017.

PURPOSE OF THE SYSTEM:
    The primary role of this web-based electronic database is to ensure 
data relating to work performed by employees, individually and in 
aggregate, is collected and maintained, as is information regarding 
management controls, performance tracking, and performance measurements 
associated with inspection, enforcement, laboratory sampling, pathogen 
reduction, recalls, import surveillance and re-inspection, 
investigations, policy development, management projects, and litigation 
activities.
    ANet supports the various regulatory and enforcement functions 
critical to FSIS' food safety mission to ensure that meat, poultry, and 
egg products are safe, wholesome, unadulterated and properly labeled. 
Using ANet, FSIS monitors regulatory inspection, verification, 
compliance, enforcement, sampling, and other data and information to 
discern trends, causes, outcomes, and to measure the effectiveness of 
Agency efforts in protecting public health. Through its ability to 
schedule and analyze the use of FSIS resources, ANet also improves the 
Agency's ability to respond to naturally occurring events, accidents, 
and intentional acts that can put food and the food supply chain at 
risk.
    ANet provides program offices with a central repository for 
reporting, managing, and analyzing in-plant and in-commerce data. It is 
designed to (1) assess the performance of non-supervisory in-plant 
inspection personnel, (2) assess the performance of in-plant 
supervisory personnel, (3) oversee surveillance and enforcement 
activities, (4) document all phases of a compliance action, (5) 
consolidate the existing information data reporting applications and 
aggregate performance data, and (6) document and report compliance and 
enforcement activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
    All individuals granted access to ANet are covered: (1) Employees 
and contractors of USDA (``USDA Personnel''); and (2) government 
officials (domestic and foreign) (``Other State and Federal Government 
Officials''). All individuals, even if they are not users of ANet, who 
are mentioned or referenced in any documents entered into ANet by a 
user are also covered. This group may include, but is not limited to: 
Establishment workers, vendors, agents, interviewees, as well as 
private citizens who become involved with FSIS investigations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    ANet contains the names and contact information of Federal 
employees and State employees who work at or are associated with the 
work at a plant. Contact information, including first and last names, 
telephone numbers, and work, home, or email addresses, will be retained 
for operators or officials of establishments or in-commerce facilities, 
as well as for private citizens involved with FSIS investigations.

RECORDS SOURCE CATEGORIES:
    Information is obtained directly from the individual and firm (or 
designee) that is the subject of the records.

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 of 1974, all or a portion of the records or 
information contained in this system may be disclosed outside of USDA 
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To the U.S. Department of Justice (DOJ or other Federal agency 
conducting litigation or in proceedings before any court, adjudicative 
or administrative body, when it is necessary for the litigation and one 
of the following is a party to the litigation or has an interest in 
such litigation:
    a. USDA or any component thereof;
    b. Any employee of USDA in his/her official capacity;
    c. Any employee of USDA in his/her individual capacity where DOJ or 
USDA has agreed to represent the employee; or
    d. The United States or any agency thereof and if the USDA 
determines that the records are both relevant and necessary to the 
litigation and the use of such records is compatible with the purpose 
for which USDA collected the records.
    2. To the National Archives and Records Administration (NARA) or 
other Federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    3. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    4. To an Agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function. This would include, but not be limited to, the 
Comptroller General or any of his/her authorized representatives in the 
course of the performance of the duties of the Government 
Accountability Office, or USDA's Office of the Inspector General or any 
authorized representatives of that office.
    5. 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 breach or to prevent, minimize, 
or remedy such harm.
    6. To another Federal agency or Federal entity when 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.
    7. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for USDA, when necessary to 
accomplish an Agency function related to this system of records. 
Individuals who provided information under this routine

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use are subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to USDA officers and employees.
    8. When a record 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 
order issued pursuant thereto, disclosure may be made to the 
appropriate agency, whether Federal, State, local, tribal, foreign, or 
other public authority responsible for investigating, enforcing or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
that information disclosed is relevant to any enforcement, regulatory, 
investigative, or prospective responsibility of the receiving entity.
    9. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    10. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or appropriate authority responsive 
for protecting public health, preventing or monitoring disease or 
illness outbreaks, or ensuring the safety of the food supply. This 
includes the Department of Health and Human Services and its agencies, 
including the Centers for Disease Control and Prevention and the Food 
and Drug Administration, other Federal agencies, and State, tribal, and 
local health departments.
    11. To a court or adjudicative body in proceeding when: (a) USDA or 
any component thereof, or (b) any employee of USDA in his or her 
official capacity; or (c) any employee of USDA in his or her individual 
capacity where USDA has agreed to represent the employee, or the United 
States Government, is a party to the litigation or has an interest in 
such litigation, and USDA determines that the records are both relevant 
and necessary to the litigation; and that use of such records is 
therefore deemed by USDA to be for a purpose that is compatible with 
the purpose for which USDA collected the records.
    12. To an establishment regulated by FSIS, but only in connection 
with the USDA/FSIS investigation of establishments and verification 
activities.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The system includes a database, electronic documents and paper 
records. The storage for the database records is a dedicated virtual 
server located in the USDA NITC facility in Kansas City, MO. Duplicate 
records are maintained at the USDA NITC facility in St. Louis, MO. The 
primary storage for the electronic documents is a records management 
system managed and hosted by USDA at their Enterprise Data Centers in 
Kansas City, MO and Saint Louis, MO. Paper records are maintained in 
the USDA offices where they were created. Records backup storage is 
maintained by NITC Personnel in a virtual tape library at the USDA NITC 
facility in Kansas City, MO. Copies of the backup records are 
maintained at the USDA NITC facility in St. Louis, MO.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are primarily retrieved using a unique identifier such as 
case ID or investigation file number. Records may also be retrieved by 
case type, date range, firm ID, firm name, region, or key word search. 
Names can also be used to retrieve individual records; however, using 
the case ID or other database fields reduces the need for retrieval by 
information that could identify an individual.

POLICIES AND PROCEDURES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be destroyed or retired in accordance with the USDA's 
published records disposition schedules, as approved by the NARA. A 
master file backup is created at the end of the calendar year and 
maintained in St. Louis Mo. The St. Louis offsite storage site is 
located approximately 250 miles from the primary data facility and is 
not susceptible to the same hazards.

ADMINISTRATION, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded by restricting 
accessibility, in accordance with USDA security and access policies. 
The safeguarding includes: Firewall(s), network protection, and an 
encrypted password. Each user is assigned a level of role-based access, 
which is strictly controlled and granted through USDA-approved, secure 
application (Level 2 eAuthentication) after the user has successfully 
completed the Government National Agency Check with Inquiries (NACI) 
investigation. Controls are in place to preclude anonymous usage and 
browsing.

RECORDS ACCESS PROCEDURES:
    Because individual access to these records would impair 
investigations and alert subjects that their activities are being 
scrutinized, the Agency proposes to exempt portions of this system from 
the notification and access procedures of the Privacy Act, pursuant to 
section (k)(2) and USDA's implementing regulations at 7 CFR part 1. 
However, individuals seeking notification of and access to their 
records should submit a written request, with reasonable specificity, 
to the FSIS Freedom of Information Act (FOIA) Office at: 1400 
Independence Ave. SW, Room 1168-South, Mail Stop No. 3713, Washington, 
DC 20250. Requests for such access will be reviewed on a case-by-case 
basis.

CONTESTING RECORDS PROCEDURES:
    In accordance with the 7 CFR part 1, individuals seeking to contest 
or amend information maintained in the system should direct their 
request to the above listed System Manager and should include the 
reason for contesting it and the proposed amendment to the information 
with supporting information to show how the record is inaccurate. A 
request for contesting records should contain: Name, address, ZIP code, 
name of the system of records, year of records in question, and any 
other pertinent information to help identify the file.

NOTIFICATION PROCEDURES:
    See ``Records Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The USDA/FSIS-0005, AssuranceNet system of records is exempt from 
subsections (c)(3), (c)(4), (d)(1)-(4), (e)(1)-(3), (e)(4)(G)-(I), (f), 
and (g) of the Privacy Act, 5 U.S.C. 552a, to the extent it contains 
investigatory material compiled for law enforcement purposes in 
accordance with 5 U.S.C. 552a(k) (2). In addition, to the extent a 
record contains information from other exempt systems of records, USDA 
will rely on the exemptions claimed for those systems.

HISTORY:
    None.
[FR Doc. 2022-05746 Filed 3-21-22; 8:45 am]
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