81 FR 92774 - Confidentiality Pledge Revision Notice
DEPARTMENT OF AGRICULTURE
National Agricultural Statistics Service Federal Register Volume 81, Issue 244 (December 20, 2016)
National Agricultural Statistics Service
Federal Register Volume 81, Issue 244 (December 20, 2016)
| Page Range | 92774-92776 | |
| FR Document | 2016-30658 |
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)] [Notices] [Pages 92774-92776] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30658] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Confidentiality Pledge Revision Notice AGENCY: National Agricultural Statistics Service, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Under 44 U.S.C. 3506(e), and 44 U.S.C. 3501, the National Agricultural Statistics Service (NASS) is renewing a revision to the confidentiality pledge it provides to its respondents under CIPSEA and Title 7, Chapter 55, Section 2276. This renewal will be valid for three years. The revision was originally approved by the Office of Management and Budget (OMB) on December 1, 2016 under an emergency request. The original request was warranted by the passage and implementation of provisions of the Federal Cybersecurity Enhancement Act of 2015 (H.R. 2029, Division N, Title II, Subtitle B, Sec. 223), which permits and requires the Secretary of Homeland Security to provide federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. More details on this announcement are presented in the SUPPLEMENTARY INFORMATION section below. DATES: Comments on this notice must be received by February 21, 2017 to be assured of consideration. ADDRESSES: You may submit comments, identified by docket number 0535- 0260, by any of the following methods:Email: [email protected]. Include docket number above in the subject line of the message. E-fax: (855) 838-6382. Mail: Mail any paper, disk, or CD-ROM submissions to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024. Hand Delivery/Courier: Hand deliver to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336, South Building, 1400 Independence Avenue SW., Washington, DC 20250- 2024. FOR FURTHER INFORMATION CONTACT: R. Renee Picanso, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, (202) 720-4333, or email [email protected]. Copies of this information collection and related instructions can be obtained without charge from David Hancock, NASS--OMB Clearance Officer, at (202) 690-2388 or at [email protected]. SUPPLEMENTARY INFORMATION: Under CIPSEA; Title 7, Chapter 55, Section 2276; and similar statistical confidentiality protection statutes, many federal statistical agencies, including NASS, make statutory pledges that the information respondents provide will be seen only by statistical agency personnel or their sworn agents, and will be used only for statistical purposes. CIPSEA and Title 7, Chapter 55, Section 2276 protect such statistical information from administrative, law enforcement, taxation, regulatory, or any other non-statistical use and immunize the information submitted to statistical agencies from legal process. Moreover, many of these statutes carry criminal penalties of a Class E felony (fines up to $250,000, or up to five years in prison, or both) for conviction of a knowing and willful unauthorized disclosure of covered information. As part of the Consolidated Appropriations Act for Fiscal Year 2016 signed on December 17, 2015, the Congress included the Federal Cybersecurity Enhancement Act of 2015 (H.R. 2029, Division N, Title II, Subtitle B, Sec. 223). This Act, among other provisions, permits and requires the Secretary of Homeland Security to provide federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. The technology currently used to provide this protection against cyber malware is known as ``Einstein 3A''. It electronically searches Internet traffic in and out of federal civilian agencies in real time for malware signatures. When such a signature is found, the Internet packets that contain the malware signature are shunted aside for further inspection by Department of Homeland Security (DHS) personnel. Because it is possible that such packets entering or leaving a statistical agency's information technology system may contain confidential statistical data, statistical agencies can no longer promise their respondents that their responses will be seen only by statistical agency personnel or their sworn agents. However, they can promise, in accordance with provisions of the [[Page 92775]] Federal Cybersecurity Enhancement Act of 2015, that such monitoring can be used only to protect information and information systems from cybersecurity risks, thereby, in effect, providing stronger protection to the integrity of the respondents' submissions. Consequently, with the passage of the Federal Cybersecurity Enhancement Act of 2015, the federal statistical community has an opportunity to welcome the further protection of its confidential data offered by DHS' Einstein 3A cybersecurity protection program. The DHS cybersecurity program's objective is to protect federal civilian information systems from malicious malware attacks. The federal statistical system's objective is to ensure that the DHS Secretary performs those essential duties in a manner that honors the Government's statutory promises to the public to protect their confidential data. Given that the Department of Homeland Security is not a federal statistical agency, both DHS and the federal statistical agencies have been engaged in finding a way to balance both objectives and achieve these mutually reinforcing objectives. Accordingly, DHS and federal statistical agencies (including NASS), in cooperation with their parent departments, have developed a Memorandum of Agreement for the installation of Einstein 3A cybersecurity protection technology to monitor their Internet traffic and have incorporated an associated Addendum on Highly Sensitive Agency Information that provides additional protection and enhanced security handling of confidential statistical data. However, CIPSEA; Title 7, Chapter 55, Section 2276; and similar statistical confidentiality pledges promise that respondents' data will be seen only by statistical agency personnel or their sworn agents. Since it is possible that DHS personnel could see some portion of those confidential data in the course of examining the suspicious Internet packets identified by the Einstein 3A technology, statistical agencies need to revise their confidentiality pledges to reflect this process change. Therefore, NASS is providing this notice to alert the public to this confidentiality pledge revision in an efficient and coordinated fashion. Below is the revised confidentiality pledge as it will appear on NASS survey questionnaires, as well as the revision to NASS's confidentiality Web page. A list of the NASS OMB numbers and information collection titles that will be affected by this revision is also included below. The revised confidentiality pledge to appear on NASS questionnaires is below: The information you provide will be used for statistical purposes only. Your responses will be kept confidential and any person who willfully discloses ANY identifiable information about you or your operation is subject to a jail term, a fine, or both. This survey is conducted in accordance with the Confidential Information Protection provisions of Title V, Subtitle A, Public Law 107-347 and other applicable Federal laws. For more information on how we protect your information please visit: https:// www.nass.usda.gov/confidentiality. For voluntary surveys the statement, ``Response to this survey is voluntary.'' will follow this pledge. For mandatory surveys the statement, ``Response to this survey is mandatory.'' or ``Response to this survey is required by law.'' will follow. The NASS confidentiality pledge Web page: https:// www.nass.usda.gov/confidentiality will be revised to include a fifth item explaining that DHS will monitor the transmission of data for cybersecurity threats. Item 5 is below: 5. Data Are Protected From Cybersecurity Threats Per the Cybersecurity Enhancement Act of 2015, your data are further protected by the Department of Homeland Security (DHS) through cybersecurity monitoring of the systems that transmit your data. DHS will be monitoring these systems to look for viruses, malware and other threats. In the event of a cybersecurity incident, and pursuant to any required legal process, information from these sources may be used to help identify and mitigate the incident. Affected information collections: ---------------------------------------------------------------------------------------------------------------- Expiration OMB No. date Information collection title ---------------------------------------------------------------------------------------------------------------- 0535-0001............................ 04/30/2019 Cold Storage. 0535-0002............................ 10/31/2018 Field Crops Production. 0535-0003............................ 07/31/2019 Agricultural Prices. 0535-0004............................ 01/31/2019 Egg, Chicken, and Turkey Surveys. 0535-0005............................ 11/30/2017 Livestock Slaughter. 0535-0007............................ 01/31/2019 Stocks Reports. 0535-0020............................ 07/31/2018 Milk and Milk Products. 0535-0037............................ 08/31/2019 Vegetable Surveys. 0535-0039............................ 10/31/2019 Fruit, Nuts, and Specialty Crops. 0535-0088............................ 07/31/2018 Field Crops Objective Yield. 0535-0093............................ 11/30/2018 Floriculture Survey. 0535-0109............................ 03/31/2018 Agricultural Labor. 0535-0140............................ 01/31/2019 List Sampling Frame Survey. 0535-0150............................ 06/30/2017 Aquaculture. 0535-0153............................ 12/31/2018 Honey Survey. 0535-0212............................ 11/30/2018 Mink Survey. 0535-0213............................ 06/30/2017 Agricultural Surveys Program. 0535-0218............................ 07/31/2018 Agricultural Resource Management and Chemical Use Surveys (ARMS). 0535-0220............................ 03/31/2017 Cotton Ginnings. 0535-0226............................ 10/31/2019 Census of Agriculture. 0535-0243............................ 08/31/2018 Census of Agriculture Content Test. 0535-0244............................ 11/30/2019 Nursery Production Survey and Nursery and Floriculture Chemical Use Survey. 0535-0245............................ 09/30/2017 CEAP--NRI Conservation Tillage and Nutrient Management Survey. 0535-0248............................ 04/30/2019 Generic Clearance of Survey Improvement Projects. 0535-0249............................ 12/31/2017 Organic Production Survey. 0535-0251............................ 05/30/2019 Residue and Biomass Field Survey. 0535-0254............................ 07/31/2017 Current Agricultural Industrial Reports (CAIR). 0535-0255............................ 04/30/2018 Colony Loss. 0535-0256............................ 06/30/2018 Feral Swine Survey. 0535-0257............................ 10/31/2018 Organic Certifier Census. [[Page 92776]] 0535-0258............................ 11/30/2018 Cost of Pollination Survey. 0535-0259............................ 03/31/2019 Local Foods Survey. ---------------------------------------------------------------------------------------------------------------- Signed at Washington, DC, December 12, 2016. R. Renee Picanso, Associate Administrator. [FR Doc. 2016-30658 Filed 12-19-16; 8:45 am] BILLING CODE 3410-20-P
![92774 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices
Additional Public Notification (Braille, large print, audiotape, etc.), FOR FURTHER INFORMATION CONTACT: R.
Public awareness of all segments of should contact USDA’s TARGET Center Renee Picanso, Associate Administrator,
rulemaking and policy development is at (202) 720–2600 (voice and TDD). National Agricultural Statistics Service,
important. Consequently, FSIS will Done at Washington, DC, on December 15, U.S. Department of Agriculture, (202)
announce this Federal Register 2016. 720–4333, or email HQOA@
publication on-line through the FSIS Alfred V. Almanza, nass.usda.gov. Copies of this
Web page located at: http:// Acting Administrator. information collection and related
www.fsis.usda.gov/federal-register. [FR Doc. 2016–30599 Filed 12–19–16; 8:45 am]
instructions can be obtained without
FSIS also will make copies of this charge from David Hancock, NASS—
BILLING CODE 3410–DM–P
publication available through the FSIS OMB Clearance Officer, at (202) 690–
Constituent Update, which is used to 2388 or at ombofficer@nass.usda.gov.
provide information regarding FSIS DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Under
policies, procedures, regulations, CIPSEA; Title 7, Chapter 55, Section
Federal Register notices, FSIS public National Agricultural Statistics Service 2276; and similar statistical
meetings, and other types of information confidentiality protection statutes, many
Confidentiality Pledge Revision Notice federal statistical agencies, including
that could affect or would be of interest
to our constituents and stakeholders. AGENCY: National Agricultural Statistics NASS, make statutory pledges that the
The Update is available on the FSIS Service, USDA. information respondents provide will be
Web page. Through the Web page, FSIS ACTION: Notice. seen only by statistical agency
is able to provide information to a much personnel or their sworn agents, and
broader, more diverse audience. In SUMMARY: Under 44 U.S.C. 3506(e), and will be used only for statistical
addition, FSIS offers an email 44 U.S.C. 3501, the National purposes. CIPSEA and Title 7, Chapter
subscription service which provides Agricultural Statistics Service (NASS) is 55, Section 2276 protect such statistical
automatic and customized access to renewing a revision to the information from administrative, law
selected food safety news and confidentiality pledge it provides to its enforcement, taxation, regulatory, or any
information. This service is available at: respondents under CIPSEA and Title 7, other non-statistical use and immunize
http://www.fsis.usda.gov/subscribe. Chapter 55, Section 2276. This renewal the information submitted to statistical
Options range from recalls to export will be valid for three years. The agencies from legal process. Moreover,
information, regulations, directives, and revision was originally approved by the many of these statutes carry criminal
notices. Customers can add or delete Office of Management and Budget penalties of a Class E felony (fines up to
subscriptions themselves, and have the (OMB) on December 1, 2016 under an $250,000, or up to five years in prison,
option to password protect their emergency request. The original request or both) for conviction of a knowing and
accounts. was warranted by the passage and willful unauthorized disclosure of
implementation of provisions of the covered information.
USDA Non-Discrimination Statement Federal Cybersecurity Enhancement Act As part of the Consolidated
No agency, officer, or employee of the of 2015 (H.R. 2029, Division N, Title II, Appropriations Act for Fiscal Year 2016
USDA shall, on the grounds of race, Subtitle B, Sec. 223), which permits and signed on December 17, 2015, the
color, national origin, religion, sex, requires the Secretary of Homeland Congress included the Federal
gender identity, sexual orientation, Security to provide federal civilian Cybersecurity Enhancement Act of 2015
disability, age, marital status, family/ agencies’ information technology (H.R. 2029, Division N, Title II, Subtitle
parental status, income derived from a systems with cybersecurity protection B, Sec. 223). This Act, among other
public assistance program, or political for their Internet traffic. More details on provisions, permits and requires the
beliefs, exclude from participation in, this announcement are presented in the Secretary of Homeland Security to
deny the benefits of, or subject to SUPPLEMENTARY INFORMATION section provide federal civilian agencies’
discrimination any person in the United below. information technology systems with
States under any program or activity DATES: Comments on this notice must be cybersecurity protection for their
conducted by the USDA. received by February 21, 2017 to be Internet traffic. The technology
assured of consideration. currently used to provide this protection
How To File a Complaint of against cyber malware is known as
Discrimination ADDRESSES: You may submit comments,
identified by docket number 0535–0260, ‘‘Einstein 3A’’. It electronically searches
To file a complaint of discrimination, by any of the following methods: Internet traffic in and out of federal
complete the USDA Program • Email: ombofficer@nass.usda.gov. civilian agencies in real time for
Discrimination Complaint Form, which Include docket number above in the malware signatures.
may be accessed online at http:// subject line of the message. When such a signature is found, the
www.ocio.usda.gov/sites/default/files/ • E-fax: (855) 838–6382. Internet packets that contain the
docs/2012/Complain_combined_6_8_ • Mail: Mail any paper, disk, or CD– malware signature are shunted aside for
12.pdf, or write a letter signed by you ROM submissions to: David Hancock, further inspection by Department of
or your authorized representative. NASS Clearance Officer, U.S. Homeland Security (DHS) personnel.
Send your completed complaint form Department of Agriculture, Room 5336 Because it is possible that such packets
or letter to USDA by mail, fax, or email: South Building, 1400 Independence entering or leaving a statistical agency’s
Mail: U.S. Department of Agriculture, Avenue SW., Washington, DC 20250– information technology system may
mstockstill on DSK3G9T082PROD with NOTICES
Director, Office of Adjudication, 1400 2024. contain confidential statistical data,
Independence Avenue SW., • Hand Delivery/Courier: Hand statistical agencies can no longer
Washington, DC 20250–9410, Fax: (202) deliver to: David Hancock, NASS promise their respondents that their
690–7442, Email: program.intake@ Clearance Officer, U.S. Department of responses will be seen only by statistical
usda.gov. Agriculture, Room 5336, South agency personnel or their sworn agents.
Persons with disabilities who require Building, 1400 Independence Avenue However, they can promise, in
alternative means for communication SW., Washington, DC 20250–2024. accordance with provisions of the
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![92776 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices
OMB No. Expiration date Information collection title
0535–0258 ......... 11/30/2018 Cost of Pollination Survey.
0535–0259 ......... 03/31/2019 Local Foods Survey.
Signed at Washington, DC, December 12, The Committee will address census Advisory Committees, Customer Liaison
2016. policies, methodology, tests, operations, Marketing Services Offices, U.S. Census
R. Renee Picanso, communications/messaging, and other Bureau, Room 8H177, 4600 Silver Hill
Associate Administrator. activities to ascertain needs and best Road, Washington, DC 20233, telephone
[FR Doc. 2016–30658 Filed 12–19–16; 8:45 am] practices to improve the 2020 Census (301) 763–5222 or tara.t.dunlop@
BILLING CODE 3410–20–P program. The Committee will provide census.gov. For TTY callers, please use
advice on 2020 Census programs that the Federal Relay Service 1–800–877–
will use a complete address list, 8339.
DEPARTMENT OF COMMERCE generate the largest possible self- SUPPLEMENTARY INFORMATION: The
response, employ administrative records Census Bureau 2020 Advisory
Bureau of the Census and third-party data, and reengineer Committee (‘‘Committee’’) is established
nonresponse follow-up. in accordance with the Federal
Census Bureau 2020 Advisory The Committee will review and Advisory Committee Act (FACA), Title
Committee provide formal recommendations and 5, United States Code (U.S.C.),
feedback on key operations and the Appendix 2. The following provides
AGENCY: Bureau of the Census,
efficacy of planned and implemented information about the Committee,
Department of Commerce.
innovations related to accurately membership, and the nomination
ACTION: Notice of Committee counting every person living in America
Establishment. process.
while saving taxpayer money.
Dated: December 9, 2016. Objectives and Duties
SUMMARY: The Bureau of the Census
(Census Bureau) is hereby giving notice John H. Thompson, 1. The Committee will provide formal
that the Secretary of Commerce has Director, Bureau of the Census. review and feedback related to 2020
determined that the establishment of the [FR Doc. 2016–30606 Filed 12–19–16; 8:45 am] Census plans and execution to devise
Census Bureau 2020 Advisory BILLING CODE 3510–07–P
strategies to increase census awareness,
Committee is necessary and in the reduce barriers to response, and
public interest. The Committee will enhance the public’s trust and
function solely as an advisory body and DEPARTMENT OF COMMERCE willingness to respond.
in compliance with provisions of the 2. The Committee will consider
Federal Advisory Committee Act. Bureau of the Census implications of enumeration strategies,
Copies of the charter will be filed with new technologies, the role of state and
the appropriate Committees of the U.S. Census Bureau 2020 Advisory local governments, social media and
Congress and with the Library of Committee marketing, and the outreach and
Congress. AGENCY: Bureau of the Census, mobilization needs of historically
Department of Commerce. undercounted populations.
FOR FURTHER INFORMATION CONTACT: Tara
3. The Committee will address and
Dunlop Jackson, Branch Chief for ACTION: Notice of Request for
provide recommendations on external
Advisory Committees, Customer Liaison Nominations. factors and policies that may affect 2020
and Marketing Services Office,
SUMMARY: The Bureau of the Census Census plans and identify strategies to
tara.t.dunlop@census.gov, Department
(Census Bureau) is requesting increase Census awareness,
of Commerce, U.S. Census Bureau,
nominations of organizations to the participation and response by the
Room 8H177, 4600 Silver Hill Road,
Census Bureau 2020 Advisory American public.
Washington, DC 20233, telephone 301– 4. The Committee will help the
763–5222. For TTY callers, please use Committee. The Census Bureau will
consider nominations received in Census Bureau communicate with and
the Federal Relay Service 1–800–877– educate diverse audiences on 2020
8339. response to this notice, as well as from
other sources. The SUPPLEMENTARY Census plans and operations.
SUPPLEMENTARY INFORMATION: The INFORMATION section of this notice 5. The Committee will provide
Census Bureau 2020 Advisory provides Committee and membership recommendations to educate the public
Committee will advise the Director of criteria. at key 2020 Census decision points,
the Census Bureau on the full range of milestones, and production dates to
2020 Census programs including an DATES: Please submit nominations by ensure maximum self-response and
incremental transition from current state January 19, 2017. participation by the public in the 2020
to target state, along with ADDRESSES: Please submit nominations Census.
operationalizing methods and new to Tara Dunlop Jackson, Branch Chief 6. The Committee will devise and
technology across multiple locations for Advisory Committees, Customer recommend strategies to motivate
and time zones to deliver a secure and Liaison and Marketing Services Office, people to respond to the 2020 Census
mstockstill on DSK3G9T082PROD with NOTICES
successful, cost-effective 2020 Census. tara.t.dunlop@census.gov, Department through Internet self-response and other
The Committee will advise the Census of Commerce, U.S. Census Bureau, forms of enumeration, as appropriate
Bureau through the 2020 Census Room 8H177, 4600 Silver Hill Road, (i.e., paper or by telephone through the
Lifecycle on the identification of new Washington, DC 20233, telephone 301– Census Questionnaire Assistance
strategies for improved census 763–5222. Program).
operations and on ways to increase 2020 FOR FURTHER INFORMATION CONTACT: Tara 7. The Committee will consider the
Census participation and beyond. Dunlop Jackson, Branch Chief for Census Bureau’s outreach,
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Document Created: 2018-02-14 09:10:21
Document Modified: 2018-02-14 09:10:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments on this notice must be received by February 21, 2017 to be assured of consideration. | |
| Contact | R. Renee Picanso, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, (202) 720-4333, or email [email protected] Copies of this information collection and related instructions can be obtained without charge from David Hancock, NASS--OMB Clearance Officer, at (202) 690-2388 or at [email protected] | |
| FR Citation | 81 FR 92774 |
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