[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37181-37184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14985]
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DEPARTMENT OF THE INTERIOR
National Park Service
[DOI-2021-0001; PPWOVPADU0/POPFR2021.XZ0000]
Privacy Act of 1974; System of Records
AGENCY: National Park Service, Interior.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior (DOI) is issuing a public
notice of its intent to modify the National Park Service (NPS) Privacy
Act system of records, INTERIOR/NPS-1, Special Use Permits. DOI is
updating this system of records notice (SORN) to update the
authorities, system location, and categories of records; propose new
and modified routine uses; and add new sections and make general
updates to remaining sections to accurately reflect management of the
system of records in accordance with the Office of Management and
Budget (OMB) policy. This modified system will be included in DOI's
inventory of record systems.
DATES: This modified system will be effective upon publication. New or
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modified routine uses will be effective August 13, 2021. Submit
comments on or before August 13, 2021.
ADDRESSES: You may send comments identified by docket number [DOI-2021-
0001] by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2021-0001] in the subject line of the message.
U.S. mail or hand-delivery: Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW,
Room 7112, Washington, DC 20240.
Instructions: All submissions received must include the agency name
and docket number [DOI-2021-0001]. 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 background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Felix Uribe, Associate Privacy
Officer, National Park Service, 12201 Sunrise Valley Drive, Reston, VA
20192, [email protected] or (202) 354-6925.
SUPPLEMENTARY INFORMATION:
I. Background
The NPS maintains the ``Special Use Permits--Interior, NPS-1''
system of records. The purpose of the system is to provide park
superintendents with information to approve or deny requests for
activities on NPS managed park lands that provide a benefit to an
individual, group or organization, rather than the public at large. The
system also assists park staff to ensure that the permitted activity
does not interfere with the enjoyment of the park by visitors and that
the natural and cultural resources of the park are protected. DOI is
publishing this revised notice to update the system location,
categories of records; add sections for security classification,
purpose and history of the system of records, and make general updates
to the remaining sections to accurately reflect management of the
system of records in accordance with OMB Circular A-108, Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act. DOI is revising the authority to replace former provisions
in accordance with the new Title 54 of the U.S. Code, which includes
only laws applicable to NPS. DOI is proposing to modify existing
routine uses to provide clarity and transparency, and to facilitate
sharing of information with agencies and organizations to promote the
integrity of the records in the system or carry out a statutory
responsibility of the DOI or Federal Government. Additionally, DOI is
proposing to add two new routine uses to facilitate sharing with the
Executive Office of the President to resolve issues upon request of the
subject of the record and with other Federal agencies or entities to
respond to a breach of personally identifiable information (PII).
Routine use A was slightly modified to further clarify disclosures
to the Department of Justice (DOJ) or other Federal agencies when
necessary in relation to litigation or judicial hearings. Routine use B
was modified to clarify disclosures to a congressional office to
respond to or resolve an individual's request made to that office.
Proposed routine use C facilitates sharing of information with the
Executive Office of the President to resolve issues concerning
individuals' records. Routine use I was modified to include grantees to
facilitate sharing of information when authorized and necessary to
perform services on DOI's behalf. Modified routine use J and proposed
routine use K allow DOI and NPS to share information with appropriate
Federal agencies or entities when reasonably necessary to respond to a
breach of PII and to prevent, minimize, or remedy the risk of harm to
individuals or the Federal Government, or assist an agency in locating
individuals affected by a breach in accordance with OMB Memorandum M-
17-12, Preparing for and Responding to a Breach of Personally
Identifiable Information. Routine use N was modified to clarify
circumstances where information may be shared with the news media and
the public.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to records about
individuals that are maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. The Privacy Act defines an individual as a
United States citizen or lawful permanent resident. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of DOI by complying with
DOI Privacy Act regulations at 43 CFR part 2, subpart K, and following
the procedures outlined in the Records Access, Contesting Record, and
Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains and the routine uses of
each system. The INTERIOR/NPS-1, Special Use Permits, system of records
notice is published in its entirety below. In accordance with 5 U.S.C.
552a(r), DOI has provided a report of this system of records to the
Office of Management and Budget and to Congress.
III. Public Participation
You should be aware your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal information in your comment, may be made
publicly available at any time. While you may request to withhold your
personally identifiable information from public review, we cannot
guarantee we will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/NPS-1, Special Use Permits.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system is managed by the Special Park Uses Program, 1849 C
Street NW, Mail Stop 2460, Washington, DC 20240. Records are located at
the parks responsible for issuing special use permits. A current
listing of park offices and contact information may be obtained by
visiting the NPS website at http://www.nps.gov or by contacting the
System Manager.
SYSTEM MANAGER(S):
Special Park Uses Program Manager, 1849 C Street NW, Mail Stop
2460, Washington, DC 20240.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 54, United States Code, National Park Service and Related
Programs.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to provide park superintendents with
information to approve or deny requests for activities on NPS managed
park lands that provide a benefit to an individual, group or
organization, rather
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than the public at large. The system also helps park staff ensure that
the permitted activity does not interfere with the enjoyment of the
park by visitors and that the natural and cultural resources of the
park are protected.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include NPS employees and
contractors responsible for processing applications for special use
permits, applicants of special use permits, and holders of special use
permits. This system contains records concerning corporations and other
business entities, which are not subject to the Privacy Act. However,
records pertaining to individuals acting on behalf of corporations and
other business entities may reflect personal information that may be
maintained in this system of records.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains: (1) Applications for special use permits; (2)
decisions, correspondence or records generated in support of the
program; and (3) supporting documentation for permitted activities
containing site plans, diagrams, story boards or scripts, crowd control
and emergency medical plans and proposed site plan(s). These records
may include name, organization, Social Security number, Tax
Identification Number (TIN), date of birth, address, telephone number,
fax number, email address, person's position title; information of
proposed activity including park alpha code, permit number, date,
location, number of participants and vehicles, type of use, equipment,
support personnel for the activity, company, project name and type,
fees, liability insurance information; payment information including
amounts paid, credit card number, credit card expiration date, check
number, money order number, bank or financial institution, account
number, payment reference number and tracking ID number; information on
special activities including number of minors, livestock, aircraft
type, special effects, special effect technician's license and permit
number, stunts, unusual or hazardous activities; information on
driver's license including number, state, and expiration date; vehicle
information including year, make, color, weight, plate number, and
insurance information.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from applicants of special use
permits and holders of special use permits.
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, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(3) Any DOI employee or former employee acting in his or her
official capacity;
(4) Any DOI employee or former employee acting in his or her
individual capacity when DOI or DOJ has agreed to represent that
employee or pay for private representation of the employee; or
(5) The United States Government or any agency thereof, when DOJ
determines that DOI is likely to be affected by the proceeding.
B. To a congressional office when requesting information on behalf
of, and at the request of, the individual who is the subject of the
record.
C. To the Executive Office of the President in response to an
inquiry from that office made at the request of the subject of a record
or a third party on that person's behalf, or for a purpose compatible
with the reason for which the records are collected or maintained.
D. To any criminal, civil, or regulatory law enforcement authority
(whether Federal, state, territorial, local, tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
E. To an official of another Federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
F. To Federal, state, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
G. To representatives of the National Archives and Records
Administration (NARA) to conduct records management inspections under
the authority of 44 U.S.C. 2904 and 2906.
H. To state, territorial and local governments and tribal
organizations to provide information needed in response to court order
and/or discovery purposes related to litigation, when the disclosure is
compatible with the purpose for which the records were compiled.
I. To an expert, consultant, grantee, or contractor (including
employees of the contractor) of DOI that performs services requiring
access to these records on DOI's behalf to carry out the purposes of
the system.
J. To appropriate agencies, entities, and persons when:
(1) DOI suspects or has confirmed that there has been a breach of
the system of records;
(2) DOI has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOI (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 DOI's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
K. To another Federal agency or Federal entity, when DOI determines
that 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 recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
L. To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
M. To the Department of the Treasury to recover debts owed to the
United States.
N. To the news media and the public, with the approval of the
Public Affairs Officer in consultation with counsel and
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the Senior Agency Official for Privacy, where there exists a legitimate
public interest in the disclosure of the information, except to the
extent it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure pursuant to 5 U.S.C. 552a(b)(12). Disclosures may be
made from this system to consumer reporting agencies as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Act of 1966 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are contained in file folders stored within filing
cabinets. Electronic records are maintained in computers, computer
databases, email, and electronic media such as removable hard drives,
magnetic disks, compact discs, and computer tapes.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in the system are retrieved by permittee's name, permit
number or date of activity.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained in accordance with the NPS
Service Records Schedule Resource Management and Lands (Category 1).
This schedule has been approved by NARA (Job No. N1-79-08-1). The
disposition is temporary. Retention of records with short-term
operational value and not considered essential for the ongoing
management of land and cultural and natural resources are destroyed 15
years after closure. Paper records are disposed of by shredding or
pulping, and records contained on electronic media are degaussed or
erased in accordance with 384 Departmental Manual 1.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security rules and policies.
Paper records are maintained in file cabinets located in secured DOI
facilities under the control of authorized personnel.
Access to DOI networks and records in this system requires DOI
credentials or a valid username, password and is limited to DOI
personnel who have a need to know the information for the performance
of their official duties. Computers and storage media are encrypted in
accordance with DOI security policy. Computers containing files are
password protected to restrict unauthorized access. The computer
servers in which electronic records are stored are located in secured
DOI facilities.
Computerized records systems follow the National Institute of
Standards and Technology privacy and security standards as developed to
comply with the Privacy Act of 1974, as amended, 5 U.S.C. 552a;
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.;
and the Federal Information Processing Standards 199: Standards for
Security Categorization of Federal Information and Information Systems.
Security controls include user identification, passwords, database
permissions, encryption, firewalls, audit logs, and network system
security monitoring, and software controls.
Access to records in the system is limited to authorized personnel
who have a need to access the records in the performance of their
official duties, and each user's access is restricted to only the
functions and data necessary to perform that person's job
responsibilities. System administrators and authorized users are
trained and required to follow established internal security protocols
and must complete all security, privacy, and records management
training and sign the DOI Rules of Behavior.
RECORD ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the applicable System Manager identified
above. The request must include the specific bureau or office that
maintains the record to facilitate location of the applicable records.
The request envelope and letter should both be clearly marked ``PRIVACY
ACT REQUEST FOR ACCESS.'' A request for access must meet the
requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
An individual requesting corrections or the removal of material
from his or her records should send a signed, written request to the
applicable System Manager as identified above. The request must include
the specific bureau or office that maintains the record to facilitate
location of the applicable records. A request for corrections or
removal must meet the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
on himself or herself should send a signed, written inquiry to the
applicable System Manager as identified above. The request must include
the specific bureau or office that maintains the record to facilitate
location of the applicable records. The request envelope and letter
should both be clearly marked ``PRIVACY ACT INQUIRY.'' A request for
notification must meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
79 FR 9272 (February 18, 2014).
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2021-14985 Filed 7-13-21; 8:45 am]
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