Federal Register: System of Records

65067

Notices

Federal Register
Vol. 71, No. 215
Tuesday, November 7, 2006

This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.

DEPARTMENT OF AGRICULTURE
Office of the Secretary
[Docket Number FV06–374]

Privacy Act: Notice of Updated System
of Records
Office of the Secretary, USDA.
Notice of updated System of
Records—USDA/AMS—3, entitled
Perishable Agricultural Commodities
Act (PACA)—Oracle Database.

AGENCY:

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ACTION:

SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. 552a, the United
States Department of Agriculture
(USDA), Agricultural Marketing Service
(AMS), is giving notice that it has
updated a system of records that is
maintained for the purpose of enforcing
the PACA, which AMS administers.
DATES: Effective Date: This notice will
be effective without further notice on
December 18, 2006, unless modified by
a subsequent notice to incorporate
comments received by the public.
Written or electronic comments must be
received by the contact person listed
below on or before December 7, 2006 to
be assured consideration.
ADDRESSES: You may submit written or
electronic comments to:
(1) PACA System of Records
Comments, AMS, F&V Programs, PACA
Branch, 1400 Independence Avenue,
SW., Room 2095–S, Stop 0242,
Washington DC 20250–0242.
(2) Fax: 202–690–4413.
(3) E-mail comments to
[email protected].
(4) Internet: http://
www.regulations.gov.
Instructions: All comments will
become a matter of public record and
should be identified as PACA System of
Records Comments. Comments will be
available for public inspection from
AMS at the above address or over the
AMS Web site at: http://

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www.ams.usda.gov/paca. Web site
questions can be addressed to the PACA
Webmaster, [email protected].
FOR FURTHER INFORMATION CONTACT:
Lorenzo A. Tribbett, Assistant Branch
Chief, PACA Branch, at 202–720–4180.
SUPPLEMENTARY INFORMATION: The PACA
was enacted by Congress in 1930 to
establish a code of fair trading practices
covering the marketing of fresh and
frozen fruits and vegetables in interstate
or foreign commerce. It protects
growers, shippers, and distributors
dealing in those commodities by
prohibiting unfair and fraudulent trade
practices.
The law provides a forum for
resolving contract disputes and
assessing damages against anyone who
fails to meet contractual obligations. In
addition, the PACA prohibits unfair
trading practices in the fruit and
vegetable industry and imposes
sanctions against violating firms and
firms’ principals when violations of the
law occur. The PACA also imposes a
statutory trust that attaches to
perishable agricultural commodities
received by regulated entities, products
derived from the commodities, and any
receivables or proceeds from the sale of
the commodities. The trust exists for the
benefit of produce suppliers, sellers, or
agents that have not been paid, and
continues until they have been paid in
full.
The PACA is enforced through a
licensing system. All commission
merchants, dealers, and brokers engaged
in business subject to the PACA must be
licensed. Those who engage in practices
prohibited by the PACA may have their
licenses suspended or revoked.
Licensees must report principals,
stockholders, home addresses, and
business locations to allow for proper
notification in the event of a commercial
dispute. Sections 3 and 4 of the PACA
(7 U.S.C 499c and 499d) and Sections
46.3 through 46.13 of the PACA
regulations (7 CFR 46.3–46.13) establish
the requirement for licensing and the
type of information that must be
reported.
The information collected and
maintained in the PACA system of
records is used to administer licensing
provisions under the PACA, to
adjudicate contract disputes, and to
enforce the PACA and the PACA
regulations. In accordance with Office of
Management and Budget regulations (5

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CFR part 1320) that implement the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the information
collected and maintained by the PACA
system of records was approved on
October 5, 2004, and will expire on
October 31, 2007.
This system maintains a database of
PACA licensees, including personal and
business information from individuals
and entities licensed under the PACA to
do business in the fruit and vegetable
industry. The following information is
contained in the system: Name, home
address, Social Security number (SSN),
and employer identification number.
In addition to the above information,
this system tracks dates when licenses
are due for renewal and automatically
generates a renewal application, and if
necessary, a reinstatement or
termination notice of those licenses.
Functions of this database include:
1. Adding a new customer to the
database;
2. Editing or updating customer
information;
3. Contacting a business about its
need for a license;
4. Issuing a license;
5. Tracking of license fees;
6. Maintaining information on PACA
reparation complaints;
7. Tracking violators;
8. Maintaining bankruptcy
information;
9. Tracking surety bonds;
10. Tracking of complaint fees; and
11. Updating a customer’s license
status if the customer is found liable in
a reparation complaint proceeding.
There is an inbuilt Query module that
allows the user to query customers, its
principals, and complaint information.
In addition to entering, tracking, and
querying information, the user has the
ability to print out a large number of
documents, including items such as
correspondence and complaint reports.
Development of this system also
included database backup and recovery
and Internet security (Web-based
application).
A ‘‘Report on an Updated System,’’
required by 5 U.S.C. 552a(r), as
implemented by OMB Circular A–130,
was sent to the Chairman, Senate
Committee on Homeland Security and
Governmental Affairs; the Chairman,
House Committee on Government
Reform; and the Acting Administrator,
Office of Information and Regulatory

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65068

Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Notices

Affairs, of the Office of Management and
Budget.
Dated: November 1, 2006.
Mike Johanns,
Secretary.

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:

USDA/AMS–3

STORAGE:

SYSTEM NAME:

Perishable Agricultural Commodities
Act (PACA)—Oracle Database.
SECURITY CLASSIFICATION:

None.
SYSTEM LOCATION:

This system of records is under the
control of the Deputy Administrator,
Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S.
Department of Agriculture, 1400
Independence Avenue, SW.,
Washington, DC 20250. The data are
maintained in the Fruit and Vegetable
Program’s PACA Branch Oracle
Database computer system.

Records are retrievable by PACA
license number, individual name,
company name, and Social Security
number.
Access to records is limited to persons
who process the records for the specific
routine uses stated above. Records in
such formats as those used for computer
servers are kept in physically secured
rooms. Various methods of computer
security limit access to records in the
database. Paper records are stored and
maintained in file cabinets that are kept
in physically secured rooms.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

7 U.S.C. et seq.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

The information collected and
maintained in the PACA system of
records is used to administer licensing
provisions under the PACA, to
adjudicate contract disputes, and to
enforce the PACA and PACA
regulations.
This information may be used as
follows:
1. Referral to the appropriate agency,
whether Federal, State, local, or foreign,
charged with the responsibility of
investigating or prosecuting a violation
of law, or enforcing or implementing the
statute, rule, regulation or order issued
pursuant thereto, or any record within
this system when available information
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 rule, regulation,
or order issued pursuant thereto.
2. Referral to a court, magistrate, or
administrative tribunal, or to opposing
counsel in a proceeding before any of
the above, or any record with the system

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RETENTION AND DISPOSAL:

Records are maintained and destroyed
in accordance with retention schedule
number NN 165–106, approved by the
89th Congress, First Session, on April 1,
1965.
SYSTEM MANAGER(S) AND ADDRESS:

Branch Chief, PACA Branch, Fruit
and Vegetable Programs, Agricultural
Marketing Service, U.S. Department of
Agriculture, 1400 Independence
Avenue, SW., 2095 South Building,
Washington, DC 20250.
NOTIFICATION PROCEDURE:

Individuals may request from the
system manager identified above
information regarding this system of
records and/or information on whether
the system contains records pertaining
to them. Any individual requesting such
information must provide his or her
name, address, and Social Security
number.
RECORD ACCESS PROCEDURE:

Individuals may obtain information
about records in the system pertaining
to them by submitting a written request
to the system manager listed above. The
envelope and letter should be marked
‘‘Privacy Act Request’’ and should
include the name, address, and Social

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Security number of the individual for
which the request is made.
CONTESTING RECORD PROCEDURES:

Individuals desiring to contest or
amend information maintained in the
system should direct their requests to
the system manager listed above, state
the reason(s) for contesting the
information, and provide all available
documentation to support the requested
action.
RECORD SOURCE CATEGORIES:

Information in this system is provided
by the entities submitting applications
for licenses under the Perishable
Agricultural Commodities Act, 1930, as
amended. Personal information in this
system is also obtained from the owners
and officers of such entities as reported
on the applications for license.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

SAFEGUARDS:

The information in the system
includes individuals’ names, home
addresses, Social Security numbers,
employer identification numbers,
license fees, surety bonds, and
percentages of ownership that
individuals may have in a company.

14:44 Nov 06, 2006

Records are maintained in the system
on a file server and in file folders in
secure rooms at USDA. A backup of the
entire database system is performed
nightly and saved as an encrypted
Oracle file on the server. A copy of the
entire Oracle database file is transferred
periodically to a secure offsite location,
and also backed up nightly.
RETRIEVABLITY:

CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

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which constitutes evidence in that
proceeding, or which is sought in the
course of discovery.

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[FR Doc. E6–18699 Filed 11–6–06; 8:45 am]
BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2006–0163]

Notice of Request for Extension of
Approval of an Information Collection;
Untreated Oranges, Tangerines, and
Grapefruit From Mexico Transiting the
United States to Foreign Countries
Animal and Plant Health
Inspection Service, USDA.
ACTION: Extension of approval of an
information collection; comment
request.
AGENCY:

SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant
Health Inspection Service’s intention to
request an extension of approval of an
information collection associated with
regulations for untreated oranges,
tangerines, and grapefruit from Mexico
transiting the United States to foreign
countries.

We will consider all comments
that we receive on or before January 8,
2007.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
http://regulations.gov, select ‘‘Animal
and Plant Health Inspection Service’’
from the agency drop-down menu, then
click ‘‘Submit.’’ In the Docket ID
column, select APHIS–2006–0163 to
submit or view public comments and to
DATES:

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