Privacy Act of 1974; System of Records
| Citation | 86 FR 35462 |
| Record Number | 2021-14278 |
| Published date | 06 July 2021 |
| Section | Notices |
| Court | Forest Service |
35462
Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices
SNAP participation and issuance data to
FNS on the FNS–292B, Report of
Disaster Supplemental Nutrition
Assistance Benefit Issuance, within 45
days of terminating disaster assistance.
While a State is operating under an
EA waiver, (3) FNS requires the State to
submit bi-weekly FNS–292B reports.
The burden for a State agency to submit
FNS–292B reports during normal
operations is currently captured under
the information collection for the Food
Programs Reporting System (FPRS),
OMB Control Number 0584–0594
(expiration date 7/31/2023). However,
FNS is accounting for the additional
burden used for EA in this request and
including the burden for submitting this
form more frequently under this
information collection.
•FNS–292B—Takes States
approximately 24 minutes or 0.4008
hours per response × 53 State
Agencies × 26 weeks = 552.30 hours.
Respondent
category Instruments Form
Number of
respondents Frequency of
response Total annual
responses Hours per
response Annual burden
(hours)
State Agencies ........................ Bi-weekly EA Reporting to
FNS. FNS–292B .. 53 26 1,378 0.4008 552.20
Initial Waiver Request—Emer-
gency Allotment. N/A ............. 53 1 53 1 53
Monthly EA Attestation (in-
cluding Phase-Out Re-
quests).
N/A ............. 53 12 636 0.25 159
Total ................................. ................................................. .................... 53 39 2,067 0.3697641 764.30
Affected Public: State, Local and
Tribal Governments.
Estimated Number of Respondents:
53.
Estimated Number of Responses per
Respondent: 39.
Estimated Total Annual Responses:
2,067.
Estimated Time per Response:
0.3697641 hours.
Estimated Total Annual Burden on
Respondents: 764.
Cynthia Long,
Acting Administrator, Food and Nutrition
Service.
[FR Doc. 2021–14303 Filed 7–2–21; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Forest Service
Privacy Act of 1974; System of
Records
AGENCY
: U.S. Department of Agriculture;
Forest Service.
ACTION
: Notice of a new system of
records.
SUMMARY
: In accordance with the
Privacy Act of 1974, the U.S.
Department of Agriculture (USDA or
Department) proposes to create a new
system of records titled ‘‘Department of
Agriculture Forest Service Application
Cloud Environment (FS ACE).’’ ACE is
a general support system owned by the
Forest Service Chief Information Officer
(CIO) and operated by the Data Center
Services Branch of the Forest Service
CIO Operations Division. The system is
located and managed in two
geographically separated USDA Digital
Infrastructure Services Centers (DISC),
Class 4 data centers: One in Kansas City,
MO; and the other in St. Louis, MO.
Each provide alternate processing and
data storage services in support of
disaster recovery activities.
Additionally, DISC-Kansas City
provides off-site tape storage in Lenexa,
KS, through a third-party vendor,
Recall. All three locations are addressed
within the DISC authorization
boundaries.
DATES
: In accordance with 5 U.S.C.
552a(e)(4) and (11), this notice is
effective upon publication, subject to a
30-day notice and comment period to
comment on the routine uses described
below. Please submit any comments by
August 5, 2021.
ADDRESSES
: You may submit comments,
identified by docket number FS–2021–
0004 by one of the following methods:
•Federal e-Rulemaking Portal: http://
www.regulations.gov—follow the
instructions for submitting comments.
•Cynthia Towers, NRE Forest Service
Privacy Officer, Office of the Chief
Information Officer, U.S. Department of
Agriculture, 1400 Independence Avenue
SW, Washington, DC 20250.
•email to SM.FS.WOFOIA@usda.gov.
Instructions: All submissions received
must include the Agency name and
docket number for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read the background document or
comments received go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
: For
general questions about this notice,
please contact Cynthia Towers, NRE
Forest Service Privacy Officer, at 816–
286–5272 or by email at
cynthia.towers@usda.gov.
For privacy issue questions, please
contact: Sullie Coleman, Chief Privacy
Officer, Office of the Chief Information
Officer, U.S. Department of Agriculture,
1400 Independence Avenue SW,
Washington, DC 20250 or by email at
sullie.coleman@usda.gov or by
telephone at (202) 604–0467.
SUPPLEMENTARY INFORMATION
: The
Privacy Act of 1974, as amended (5
U.S.C. 552a), requires agencies to
publish in the Federal Register notice of
new 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 Forest Service proposes to create
a system of records entitled USDA/FS–
63 Application Cloud Environment (FS
ACE) that will be used to maintain
records of activities conducted by the
Agency pursuant to its mission and
responsibilities.
TITLE OF BUSINESS ADDRESS OF THE AGENCY
OFFICIAL RESPONSIBLE FOR THE SYSTEM OF
RECORD
:
Chief Information Officer, U.S.
Department of Agriculture, 1400
Independence Avenue SW, Washington,
DC 20250.
SYSTEM NAME AND NUMBER
:
USDA/FS–63 Application Cloud
Environment (FS ACE). Forest Service
Application Cloud Environment (FS
ACE) CSAM ID 1991, External ID: UII
Code: 005–000000243; 005–000003304;
005–000003305; 005–000000257.
SECURITY CLASSIFICATION
:
Controlled Unclassified Information
(CUI).
SYSTEM LOCATION
:
The system is located and managed in
two geographically-separated U.S.
Department of Agriculture (USDA)
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Digital Infrastructure Services Centers
(DISC), Class 4 data centers, one at 8930
Ward Parkway, Kansas City, MO 64114
and the second at 4300 Goodfellow
Blvd., St. Louis, MO 63120. Each
provide alternate processing and data
storage services in support of disaster
recovery activities. Additionally, Kansas
City provides off-site tape storage
through Recall, located at 16150 W
110th St., Lenexa, KS. All three
locations are addressed within the DISC
authorization boundaries.
SYSTEM MANAGER
:
ACE System Owner, Management
Office 903 E 104th Street, Ste. 210,
Kansas City, MO 64131. Additional
location: Production DC—DISC Kansas
City, MO.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
For FS ACE, authorities for general
collection of information come from by
31 U.S.C. 3512, Executive Agency
Accounting Systems Act of September
12,1950, and 16 U.S. Code § 551—
Protection of national forests; rules and
regulations. For Federal requirements
for the collection of information, also
see: 5 U.S.C. Chapter 552 (Freedom of
Information Act), 44 U.S.C. Chapters 21,
29, 31, and 33 (Records Management),
and 18 U.S.C. 2071 (Concealment,
removal, or mutilation of government
records).
PURPOSE
(
S
)
OF THE SYSTEM
:
The purpose of this system of records
is to manage a set of projects that is part
of the Digital Infrastructure Services
Center cloud migration. The goal of the
FS ACE is to enable the Agency to
concentrate on building integrated
business solutions rather than managing
separate technology issues. This system
provides general hosting services to
applications within the Forest Service.
Hosting services include Virtual Data
Center (VDC) environment, storage,
backup and recovery, monitoring, etc.
The FS ACE hosts the applications that
collects an individual’s personal
information (PII) as a part of doing
business with the Forest Service. FS
ACE houses sensitive data from various
FS programs and allows FS authorized
users the ability to access and update
this information. For example:
•Integrates the information for
reporting, analysis, and management of
various Human Resource Management
processes and functions, which includes
both PII, and budget and finance data;
•Contains applications to collect,
store, edit, compile and report on field
collected resource data for our nation’s
forests and grasslands per the Farm Bill
requirement; and
•FS ACE collects PII from several
applications that include short term
(seasonal) contractors and researchers in
support of the Forest Inventory &
Analysis program.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
:
All individuals granted access to the
FS ACE are covered: All individuals,
even if they are not users of the FS ACE
who are mentioned or referenced in any
documents entered into FS ACE by a
user are also covered. This group may
include, but is not limited to, vendors,
agents, and other business personnel.
CATEGORIES OF RECORDS IN THE SYSTEM
:
The system of records includes the
following required information about an
individual: The individual’s first and
last name, social security number, tax
identification number, passport number,
driver’s license number, or unique
identification number.
RECORDS SOURCE CATEGORIES
:
Information contained in FS ACE may
be collected from an individual via fax,
email, form, telephone, or website,
depending on the application used.
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
contained in a system may be disclosed
outside USDA as a routine use under 5
U.S.C. 552a(b)(3) to the extent that such
uses are compatible with the purposes
for which the information was collected.
Such permitted routine uses include the
following disclosures:
A. To the appropriate agency, whether
Federal, State, local, Tribal, foreign, or
other public authority responsible for
enforcing, investigating, or prosecuting
such violation or charged with enforcing
or implementing the statute, or rule,
regulation, or order issued pursuant
thereto, 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 if the
information disclosed is relevant to any
enforcement, regulatory, investigative,
or prospective responsibility of the
receiving entity and. Referral to the
appropriate agency occurs, whether
Federal, State, local, Tribal, or foreign,
charged with the responsibility of
investigating or prosecuting violation of
law, or of enforcing or implementing 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;
B. To the Department of Justice (DOJ),
when: (a) USDA or any component
thereof; or (b) any employee of USDA in
his or her official capacity where the
DOJ has agreed to represent the
employee; or (c) the United States
Government, is a party to litigation or
has an interest in such litigation, and
USDA determines that the records are
both relevant and necessary to the
litigation and the use of such records by
the DOJ is therefore deemed by USDA
to be for a purpose that is compatible
with the purpose for which USDA
collected the records;
C. To a court or adjudicative body in
a 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 the Agency in his
or her individual capacity where USDA
has agreed to represent the employee, or
the United States Government, is a party
to 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;
D. To appropriate agencies, entities,
and persons when: (1) USDA suspects
or has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) 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 (3) 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; or to another
Federal agency or Federal entity, when
information from this system of records
is reasonably necessary to assist the
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the agency (including its
information systems, programs, and
operations), the Federal Government, or
national security;
E. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
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contract, service, grant, cooperative
agreement, or other assignment for the
USDA, when necessary, to accomplish
an agency function related to this
system of records. Individuals providing
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to USDA
officers and employees;
F. To a congressional office in
response to an inquiry from that
congressional office made at the written
request of the individual about whom
the record pertains.
G. 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.
H. 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.
I. To appropriate Federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when USDA is
aware of a need to use relevant data for
purposes of testing new technology.
J. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, or when disclosure is
necessary to preserve confidence in the
integrity of USDA, or when disclosure is
necessary to demonstrate the
accountability of USDA’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES
:
None.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS
:
All records are stored electronically or
on paper in secure facilities in a locked
drawer behind a locked door. The
records may be stored on digital media.
Each USDA mission area, agency, and
staff office creates and maintains proper
and adequate documentation of the
organization, functions, policies,
decisions, procedures, and essential
transactions of the Department. This
documentation protects the legal and
financial rights of the Government and
of persons directly affected by the
Department’s activities (44 U.S.C. 3101).
U.S.C. Title 7, Chapters 55 2204 state
that the Secretary of Agriculture may
conduct any survey or other information
collection and employ any sampling or
other statistical method that the
Secretary determines is appropriate.
The Department is also authorized to
obtain certain information under Sec.
515 of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001 (44 U.S.C. 3516, Pub.
L. 106–554) as well as Title 5 Part I
Chapter 3–301, and 5 U.S.C. 552 § 552a.
See also: 5 U.S.C. Chapter 552; 44
U.S.C. Chapters 21, 29, 31, and 33
(Records Management); 18 U.S.C. 2071;
44 U.S.C. 3101 et seq.; 44 U.S.C. 3506;
Title 7 CFR 2.37; 36 CFR Chapter 12,
Subpart B; 36 CFR part 1234,
eGovernment Act of 2002 (Pub. L. 107–
347, 44 U.S.C. Ch. 36); OMB Circular A–
130; NARA General Records Schedules
and Forest Service Mission-specific
records retention schedules approved by
NARA for NARA Records Group 95.
POLICIES AND PRACTICES FOR RETRIEVABILITY
OF RECORDS
:
Records are maintained in accordance
with Forest Service records management
policy and NARA’s General Records
Schedule, and/or NARA-approved
records schedules for NARA Records
Group 95. Depending on the application
being used, records may be retrieved by
Name or Unique identifier such as:
Social security number, tax
identification number, passport number,
driver’s license number, agency
assigned number, case number, account
number or permit number, as
appropriate.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS
:
Records covered by this Privacy Act
System of Records Notices (SORN) are
managed according to records retention
schedules approved by the NARA.
Records schedules used to retain and
manage records are found in Chapter 40
of Forest Service Handbook 6209.11—
Records Management Handbook. This
Handbook is available on the Forest
Service website at https://
www.fs.fed.us/about-agency/
regulations-policies. All unscheduled
records meaning records without a
National Archives-approved records
retention schedule are retained until a
records retention schedule is approved
by the National Archives. Once a
schedule is approved, all existing
records will be processed according to
the requirements set forth in that
schedule.
ADMINISTRATIVE
,
TECHNICAL
,
AND PHYSICAL
SAFEGUARDS
:
When applicable, paper records are
kept in a locked or secured office or
office building, and/or retained in a
Forest Service secured computer system
and can only be accessed by authorized
Forest Service employees. Department/
Forest Service safeguards electronic
records in this system according to
applicable rules and policies, including
all applicable automated systems’
security and access policies. The Forest
Service has imposed strict controls to
minimize the risk of compromising
stored information. System access,
including access to records stored in an
Agency-approved repository (such as
Pinyon or its successor) is limited to
individuals with appropriate clearances
or permissions who need to know the
information for performance of official
duties.
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 set forth at 5
U.S.C. 552a(k)(2). A determination
whether a record may be accessed will
be made at the time a request is
received. All inquiries should be
addressed in accordance with the
‘‘Notification procedures’’ below.
CONTESTING RECORDS 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 indicated
in the ‘‘Notification procedures’’
section. Include the reason for
contesting the record and the proposed
amendment to the information with
supporting documentation to show how
the record is inaccurate.
NOTIFICATION PROCEDURES
:
Individuals seeking access to records
contained in this system of records, or
seeking to contest content, may submit
a request in writing to the Forest Service
FOIA/Privacy Act Officer (contact
information at https://
www.dm.usda.gov/foia/poc.htm). If an
individual believes more than one
Department component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Departmental FOIA
Officer, 1400 Independence Avenue
SW, South Building Room 4104,
Washington, DC 20250–0706; email:
USDAFOIA@ocio.usda.gov.
The request should include a daytime
phone number and email. Provide as
much information as possible about the
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subject matter of the records you are
requesting. This will help facilitate the
search process.
If you are making a request for records
about yourself, you may receive greater
access by providing either a notarized
statement or a statement signed under
penalty of perjury stating that you are
the person who you say you are.
Provide your full name, date, and
either: (1) Have your signature
witnessed by a notary; or (2) include the
following statement immediately above
the signature on your request letter: ‘‘I
declare under penalty of perjury that the
foregoing is true and correct. Executed
on [date].’’ Requests that do not contain
the required declaration will be
processed under the Freedom of
Information Act (FOIA), and, if records
are found, you may not receive as much
information, including information
about you. If additional information is
required to fulfill a Privacy Act request,
you will be notified.
If you want records about yourself to
be released to a third party (such as a
law firm or other organization
requesting records on your behalf), the
third party may receive greater access if
they have permission from you.
You will need a signed and dated
statement that the Forest Service may
release records pertaining to you.
Include your name; date of birth; name
of the person or organization to whom
you want your records disclosed (where
applicable); their contact information;
and list of records that may be released
(all, emails, medical records, etc.). The
person about whom the records will be
released should include a statement
indicating that they understand that
knowingly or willingly seeking or
obtaining access to records about
another person under false pretenses
and or without their consent is
punishable by a fine of up to $5,000.
Requests must be for access to
existing records. The Forest Service
FOIA Office will not create records for
the purpose of responding to a FOIA or
Privacy Act request.
•FOIA excludes Federal agencies
from its definition of persons permitted
to make FOIA requests [see 5 U.S.C.
552(a)(3)(A) and 5 U.S.C. 551(2)]. To
avoid confusion as to whether Federal
employees are requesting information in
their personal or official capacities,
requests from Federal employees should
be submitted using personal resources.
Any individual may request general
information regarding this system of
records or information as to whether the
system contains records pertaining to
him/her. 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 (see specific
instructions above).
EXEMPTIONS CLAIMED FOR THE SYSTEM
:
None.
HISTORY
:
The Forest Service proposes to create
a new system of records entitled
‘‘USDA/Forest Service-63 Application
Cloud Environment (FS ACE) System of
Records’’ that will be used to maintain
records of activities conducted by the
Agency pursuant to its mission and
responsibilities.
Dated: June 29, 2021.
Victoria Christiansen,
Chief, USDA Forest Service.
[FR Doc. 2021–14278 Filed 7–2–21; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
Privacy Act of 1974; System of
Records
AGENCY
: Forest Service, U.S.
Department of Agriculture.
ACTION
: Notice of a modified system of
records.
SUMMARY
: In accordance with the
Privacy Act of 1974, and Office of
Management and Budget (OMB)
Circular No. A–108, the U.S.
Department of Agriculture (USDA or
Department) proposes to modify the
current system of records entitled
‘‘Department of Agriculture, Forest
Service, FS–33—Law Enforcement and
Investigative Records’’ (LEIRS). This
system allows Law Enforcement and
Investigations to record claims and
criminal activities in the National
Forests which include verified
violations of criminal statutes and/or
Agency policy, as well as situations that
may result in civil claims for or against
the government. This information helps
the Agency meet its objective of
contributing to Officers, Forest Service
employees, and National Forest visitor
safety.
DATES
: This notice is applicable upon
publication, subject to a 30-day period
in which to comment on the routine
uses described below. Comments must
be submitted by August 5, 2021.
ADDRESSES
: You may submit comments,
identified by docket number FS–2021–
0002 by one of the following methods:
•Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
•Email: Curtis Davis, curtis.davis@
usda.gov.
•Mail: Director, Law Enforcement
and Investigations (Mail Stop 1140),
USDA Forest Service, P.O. Box 96090,
Washington, DC 20250.
Instructions: All submissions must
include the Agency name and docket
number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket, to
read background document, or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
: For
general questions please contact: U.S.
Department of Agriculture, Forest
Service, Law Enforcement and
Investigations Staff, Curtis Davis, (703)
605–4730, or Fax (703) 605–5114, or
email curtis.davis@usda.gov, 1400
Independence Avenue SW, (Mail Stop
1140), Washington, DC 20250. For
privacy questions, please contact: Sullie
Coleman, Chief Privacy Officer, Office
of the Chief Information Officer,
Department of Agriculture, Washington,
DC 20250 or at sullie.coleman@usda.gov
or by phone at (202) 604–0467.
SUPPLEMENTARY INFORMATION
: The
purpose of changes to this system of
records are:
1. To provide the procedures that
allow individuals to gain access to their
information maintained in its System of
Records Notice (SORN) as outlined in
section 6 (Notice) and section 7 (Access,
Redress, and Correction) of the LEIRS,
formally known as LEIMARS, Privacy
Impact Assessment (PIA).
2. To reflect changes in practice and
policy that affect the personally
identifiable information (PII)
maintained in its system of records. The
LEIRS, formally known as LEIMARS,
database system is not accessible to the
public. The information is shared on a
need-to-know basis with Law
Enforcement partners and the Federal,
State, and local court systems.
Information such as statistical crime
analysis, including but not limited to
the number of incidents and cases but
excluding PII, is shared within Congress
and other agencies on a need-to-know
basis.
The intended effect of these changes
is to show individuals their PII
information is secured in LEIRS,
formally known as LEIMARS.
The Forest Service proposes to modify
a system of records, entitled ‘‘USDA/
FS–33 Law Enforcement and
Investigative Records’’ that will be used
to maintain records of activities
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