Billing Code: 3412-BA DEPARTMENT OF AGRICULTURE Privacy Act of 1974: Notice of Proposed Privacy Act System of Records Revision AGENCY: Office of Homeland Security and Emergency Coordination, Departmental Management, U.S. Department of Agriculture ACTION: Notice of Proposed Privacy Act System of Records SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, the U.S. Department of Agriculture (USDA), Departmental Management (DM), Office of Homeland Security and Emergency Coordination (OHSEC), is giving notice of a system of records that is maintained for the purpose of the Radiation Safety Management System (RSMS). RSMS was developed by the Radiation Safety Division, a component of USDA’s DM, as a tool for the management of the USDA radiation safety information and records. The RSMS is an on-line, web-based database management system that is used only by USDA employees and the Radiation Safety Division (RSD) of USDA to manage information required by the Nuclear Regulatory Commission (NRC). EFFECTIVE DATE: This notice will be effective without further notice on [60 days after publication in the Federal Register] unless modified by a subsequent notice to incorporate comments received from the public. Written or electronic comments must be received by the contact person listed below on or before [30 days after publication in the Federal Register] to be assured consideration. ADDRESSES: You may submit written or electronic comments on this notice by any of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. • Information Hotline: (202) 720-2791 • Fax: 301-504-2450 • Mail: Radiation Safety Division (RSD) 5601 Sunnyside Avenue, MS 5510 Beltsville, MD 20705 • Hand Delivery or Courier: Radiation Safety Division (RSD) 14th & Independence Avenue, S.W. Mail Stop: 5010 Washington, DC 20250-9338 • Email: Maureen Davis, Project Manager of Radiation Management Division, RSMS Website, Admin. Support at maureen.davis@usda.gov INSTRUCTIONS: All comments will become a matter of public record and should be identified as "RSMS System of Records Comments," making reference to the date and page number of this issue of the Federal Register. Comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27(b)). Please call Radiation Management Division at (301) 504-2440 to make an appointment to read comments. FOR FURTHER INFORMATION CONTACT: Maureen Davis, Project Manager of Radiation Management Division, at (301) 504-2440 SUPPLEMENTARY INFORMATION: RSMS is an application for managing data on radioactive materials across the United States (and possibly outside the U.S.) that are used by and in support of USDA employees. The RSMS is a comprehensive radiation safety program that ensures the protection of USDA’s employees and the general public from harmful effects of radiation and assures compliance with applicable regulations. USDA utilizes radiation materials in support of a number of mission areas to include: * Control of invasive pests and prevent pest infestations; * Domestic animal disease control programs; * Food safety programs; Research into animal and plant health. etc.* The control and monitoring of radiation materials is a public health and safety concern as identified by the Atomic Energy Act of 1954, 42 USC 2011 et seq.  RSMS supports the Department’s public health concerns by tracking radiation materials within USDA possession and maintaining records of radiation exposure by USDA employees. NRC regulates the possession and use of radioactive materials in the United States by issuing licenses directly to individuals or organizations or by authorizing and reviewing State programs that issue State licenses. USDA has a NRC license that permits USDA to process and use radioactive materials at all of its locations within the U.S. In addition to radioactive materials licensed by the NRC, USDA Radiation Safety Program tracks the uses of naturally occurring and accelerator produced radioactive materials and x-ray producing material. USDA Radiation Safety Program consists of the Radiation Safety Committee (RSC) and the Radiation Safety Division (RSD). The RSC is a policy-making committee that meets quarterly and is required by the NRC license. The RSD is the operational safety headquarters for all USDA agencies and locations, and it implements a comprehensive program that protects USDA employees and the public from the harmful effects of radiation. The RSD also ensures compliance with applied regulations. For USDA program activities involving the use of radioactive materials or x-ray producing equipment, RSD issues and maintains permits, conducts field inspections, and provides assistance resolving employee concerns or questions regarding radiation safety. It also provides advice and assistance in USDA’s role in the Federal response to radiological emergencies. In USDA, unsealed isotopes are used as radio-chemical laboratory research tools. Portable nuclear gauges are used to make water measurements in soil and for road and dam construction. Irradiators, which emit intense gamma radiation, are used to irradiate in insect sterilization and control programs and for other purposes. Electron capture detectors are used as a component of gas chromatographs in research labs. X-rays fluorescence analyzers are used in the field to verify the presence or absence of the hazardous materials such as lead paint. X-ray producing equipment is also used for various programs. The RSD issues permits directly to USDA employees, which authorize the employee to possess and use radioactive materials on x-ray producing equipment at USDA locations. The permits enable the RSD to maintain control of unsealed radioactive materials inventories, radioactive sealed sources, and x-ray producing equipment by tracking isotope possession limits, acquisitions, transfers, and disposals. The permits are maintained in computer database. NRC requires that USDA track radioactive materials from acquisition to disposal. Only Radiation Safety permit holders that have the requisite training are allowed to acquire, store, use and manage these materials. The information within RSMS is requested by USDA’s Radiation Safety Committee to evaluate an individual’s qualifications to obtain and use radioactive materials or x-ray producing equipment. The information requested is maintained in accordance with 42 U.S.C § 2111, 2201. It is used to track the materials for the life of the material pursuant to NRC regulations. The users of the RSMS system consist only of qualified USDA employees including: the Radiation Safety Division, Location Radiation Protection Officers, Permit Holders, Associate Users and Radiation Safety Committee. The internal users use the system to manage the data needed to comply with NRC regulations. RSMS assists USDA employees by collecting data that is used to create reports for Area Managers in USDA agencies: Natural Resources Conservation Service, Agricultural Research Service, Agricultural Marketing Service, Animal and Plant Health Inspection Service, and Food Safety and Inspection Service. Reports are also provided to the NRC. Signed at Washington, D.C., on September 30, 2011. Thomas J. Vilsack Secretary USDA/OHSEC-1 SYSTEM NAME: Radiation Safety Management System (RSMS) SECURITY CLASSIFICATION: Sensitive But Unclassified (SBU) SYSTEM LOCATION: The RSMS servers are located on the Enterprise Local Area Network (ENTLAN) General Support System (GSS) located in Washington, DC and in Beltsville, MD. Paper records are located in Beltsville MD. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The system covers RSMS users, all of whom are USDA employees, including the Radiation Safety Division (RSD), Location Radiation Protection Officers, Permit Holders, Associate Users, and Radiation Safety Committee (RSC). CATEGORIES OF RECORDS IN THE SYSTEM: Categories of records covered by this system of records include: USDA employee’s user name, email address, level of education, work address, work phone number, gender, and user ID. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The USDA collects this information pursuant to 42 U.S.C. §§ 2111, 2201 and 7 C.F.R. §§ 2.24(a)(8)(ii) AGENCY OFFICIAL RESPONSIBLE FOR THE SYSTEM OF RECORDS: Director of Radiation Security Division, Office of Homeland Security and Emergency Coordination, Departmental Management, U.S. Department of Agriculture, 5601 Sunnyside Avenue, MS 5510 Beltsville, MD 20705. PURPOSE: These records are used by USDA personnel to track the use of radioactive material and x-ray producing equipment in order to comply with NRC requirements and to ensure the safety of USDA personnel and the public. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTME INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: The agency will disclose information from this system: (1) To the Department of Justice when: (a) the agency or any component thereof; or (b) any employee of the agency in his or her official capacity where the Department of Justice 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 by careful review, the agency determines that the records are both relevant and necessary to the litigation and the use of such records by the Department of Justice is therefore deemed by the agency to be for a purpose that is compatible with the purpose for which the agency collected the records. (2) To a court or adjudicative body in a proceeding 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 both relevant and necessary to the litigation and the use of such records is therefore deemed by the agency to be for a purpose that is compatible with the purpose for which the agency collected the records. (3) 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, foreign, State, local, or tribal, 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, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutive responsibility of the receiving entity. (4) To a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained. (5) To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 USC 2904 and 2906. (6) To agency contractors, grantees, experts, consultants or volunteers who have been engaged by the agency to assist in the performance of a service related to this system of records and who need to have access to the records in order to perform the activity. Recipients shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 USC 552a(m). (7) To or 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 compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by USDA or another agency or entity) that rely upon the compromised information; 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. (8) To NRC, per regulation, by USDA’s Radiation Safety Committee for the secure control, maintenance, and tracking of all radiation materials and all employees holding Radiation Permits. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None POLICIES AND PRACTICE FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM STORAGE: Electronic records are maintained on a file server. Paper files and electronic media are maintained in physically secured rooms at the USDA data center located in Washington, D.C. RETRIEVABILITY: Information is retrieved by USDA employee’s user ID, first name, middle name, last name, agency, facility, responsibility type and user status. SAFEGUARDS: Several initiatives are in place to ensure the privacy of USDA employees whose private information is maintained in this system. Annual privacy training, encryption of data; and user IDs and passwords are only issued after confirmation is made by RSD that the requestor is a USDA employee that has a need for the information. Only users with credentials are permitted access. Hard copies are maintained in secured facilities. RETENTION AND DISPOSAL: Some data from the RSMS containing employee information are periodically purged from the system; however according to NRC regulations, data and employee information related to radioactive material can never be purged due to the sensitivity of radioactive material. The retention periods varies depending on the data type: Survey Records: 3 years Lab Surveys: 3 years Leak Tests: 5 years SYSTEM MANAGER(S) AND ADDRESS: The mailing address for the System Manager is 5601 Sunnyside Avenue, MS 5510 Beltsville, MD 20705. NOTIFICATION PROCEDURES: Individuals seeking notification of and access to any record contained in this system of records, or seeking to contest its content, may submit a request in writing to the Headquarters or component’s FOIA Official, whose contact information can be found at http://www.dm.usda.gov/foia.htm under “contacts.” If an individual believes more than one component maintains Privacy Act records concerning him or her individual may submit the request to the Chief Privacy Act Officer, Department of Agriculture, 1400 Independence Avenue, Room 408-W S.W., Washington, D.C. 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 6 CFR Part 5. You must first verify your identity, meaning that you must provide your full name, current address and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Chief FOIA Officer, Department of Agriculture, 1400 Independence Avenue, S.W., Washington, D.C. 20250. 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, If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records. Without this bulleted information the component(s) may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations. RECORD ACCESS PROCEDURES: See “Notification procedure” above. RECORD SOURCE CATEGORIES: Information was voluntarily submitted by the individual or their representative either as part of a request CONTESTING RECORD PROCEDURES: See “Notification procedure” above. EXEMPTIONS CLAIMED FOR THE SYSTEM: None 2