[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Notices]
[Pages 51914-51918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20094]
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DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement
[DOI-2021-0007; 212E1700D2 EECC000000 ET1EX0000.G40000]
Privacy Act of 1974; System of Records
AGENCY: Bureau of Safety and Environmental Enforcement, 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 Bureau of Safety and Environmental
Enforcement (BSEE) system of records, BSEE-01, Investigations Case
Management System (CMS). DOI is publishing this revised system of
records notice to propose a new breach routine use; modify four
existing routine uses; update the system manager address; remove
references to a cloud system; and provide general and administrative
updates in accordance with the Office of Management and Budget Circular
(OMB) A-108, Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective October 18, 2021. Submit
comments on or before October 18, 2021.
ADDRESSES: You may send comments identified by docket number [DOI-2021-
0007] 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-2021-0007] 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-2021-0007]. 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: Rowena Dufford, Associate Privacy
Officer, Bureau of Safety and Environmental Enforcement, 45600 Woodland
Road, Sterling, VA 20166, [email protected] or 703-787-1257.
SUPPLEMENTARY INFORMATION:
I. Background
BSEE maintains the BSEE-01, Investigations Case Management System
(CMS), system of records. The purpose of this system of records is to
manage, track and report civil administrative investigations related to
operations on the Outer Continental Shelf (OCS). BSEE conducts
investigations on safety concerns, environmental risks and incidents
which includes but is not limited to reportable injuries, the loss or
damage of property, and possible violations of Federal laws and
regulations.
While BSEE conducts civil administrative investigations rather than
criminal investigations the Bureau may make referrals of possible
criminal activity to internal and external law enforcement
organizations as appropriate for investigation. Records include known
or suspected civil violations; information related to possible criminal
activities; incident-related information and observations from other
sources; protection efforts; information to justify funding requests
and expenditures; investigator training; referrals and/or
recommendations related to incident investigations; and evidence.
Incident and non-incident data related to activity occurring on the
OCS is collected in support of investigations, regulatory enforcement,
homeland security, and security (physical, personnel, stability,
environmental, and
[[Page 51915]]
industrial) activities. This may include data documenting investigation
activities, enforcement recommendations, recommendation results,
property damage, injuries and fatalities, and analytical or statistical
reports. CMS allows for BSEE management to make informed decisions on
recommendations for enforcement, civil penalties, and other
administrative actions.
BSEE is publishing this notice to update the system manager
address, revise the policies and practices for storage of records
section, remove use of a cloud provider in the administrative,
technical and physical safeguards section, and make administrative
updates to comply with the Office of Management and Budget (OMB)
Circular A-108, Federal Agency Responsibilities for Review, Reporting,
and Publication under the Privacy Act.
Additionally, BSEE is changing the routine uses from a numeric to
an alphabetic list and modifying routine uses A, B, and I to provide
additional clarification on external organizations or comply with
Federal requirements. Routine use A was modified to further clarify
disclosures to the Department of Justice or other Federal agencies when
necessary in relation to litigation or judicial proceedings. Modified
routine use B clarifies disclosures to a congressional office to
respond to or resolve an individual's request made to that office.
Modified routine use I allows BSEE to share information with 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. BSEE
is also proposing to modify routine use J and add new routine use K to
allow BSEE to share information with appropriate Federal agencies or
entities when reasonably necessary to respond to a breach of personally
identifiable information 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.
This system contains investigatory records related to law
enforcement activities that are exempt from certain provisions of the
Privacy Act, 5 U.S.C. 552a(k)(2). On January 10, 2020, DOI published a
final rule in the Federal Register at 85 FR 1282 to amend the DOI
Privacy Act regulations at 43 CFR 2.254. This allows DOI, on a case-by-
case basis, to withhold records from individuals seeking their records.
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 revised INTERIOR/BSEE-01, Investigations Case
Management System, 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 OMB 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/BSEE-01, Investigations Case Management System (CMS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records in this system are maintained and centrally managed by the
Department of the Interior, Bureau of Safety and Environmental
Enforcement (BSEE), 1849 C Street NW, Washington, DC 20240. Records are
also located at BSEE regional offices and regional sub-offices, and at
DOI contractor locations. A current listing of these offices may be
obtained by writing to the System Manager or by visiting the BSEE
website at http://www.bsee.gov.
SYSTEM MANAGER(S):
CMS System Administrator, Bureau of Safety and Environmental
Enforcement, National Investigations Program, 45600 Woodland Rd., Mail
Stop VAE-DIR-SIID, Sterling, VA 20166.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Outer Continental Shelf Lands Act of 1953, 43 U.S.C. 1331-1356b;
and Oil and Gas and Sulphur Operations in the Outer Continental Shelf,
30 CFR 250.
PURPOSE(S) OF THE SYSTEM:
The primary purpose of the CMS system of records is to conduct and
document incident investigations related to operations on the OCS. CMS
is used to manage known and suspected civil violations; capture,
integrate, and share incident-related information and observations from
other sources; measure performance of investigative programs and
management of investigations; meet incident reporting requirements;
analyze and prioritize investigative efforts; provide information to
justify funding requests and expenditures; provide employee training;
provide referrals to appropriate criminal law enforcement agencies for
individuals suspected of committing crimes on or in support of
activities conducted on the OCS; collect and preserve evidence; and
investigate and prevent injuries on the OCS.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered in the system include current and former BSEE
employees, potential employees, and contractors; other employees and
contractors of Federal, tribal, state, and local law enforcement
organizations; complainants, informants, suspects, and witnesses;
members of the general public, including individuals and/or groups of
individuals involved with incidents related to operations on the OCS;
and individuals or corporations being investigated due to their
involvement in incidents occurring on the OCS.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system includes incident reports, investigative activity
reports, personnel records, investigative training records, and records
related to incidents
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occurring on the OCS. Records may contain the following information:
Names, Social Security numbers, gender, date of birth, place of birth,
citizenship status, race or ethnicity, home and work addresses,
personal and official phone numbers, personal and official email
addresses, emergency contact information, other contact information,
medical information, work history, educational history, affiliations,
employer information, associated case or activity number,
identification numbers assigned to individuals, and other data that may
be included in records compiled during investigations.
Incident reports and records may include attachments such as
photos, videos, sketches, audio recordings, email and text messages,
medical reports, personnel records, written statements, witness
interviews, depositions, evidence and information obtained in the
course of an investigation, evidence in support of the Action Referral
Memoranda and Case Closure Memoranda, administrative agreements, action
determinations, company documentation, and other documents related to
incidents occurring on the OCS. Incident reports may also include
information concerning criminal activity and documentation related to
the response and outcome of an incident. Records in this system also
contain information concerning Federal, tribal, state and local law
enforcement officers such as an officer's name, contact information,
station, and career history.
This system may also contain the names and addresses of 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 is covered by
this system of records notice.
RECORD SOURCE CATEGORIES:
Sources of information in the system include Department, bureau,
office and program officials, employees, contractors, and other
individuals who are associated with or represent DOI; officials from
other Federal, tribal, state and local law enforcement organizations,
including DOJ, the Federal Bureau of Investigation, and the Department
of Homeland Security, among others; and complainants, informants,
suspects, victims, and witnesses.
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.
O. To DOJ, the Federal Bureau of Investigation, the Department of
Homeland Security, and other Federal, state and local law enforcement
agencies for the purpose of reporting possible violations of Federal
laws and regulations, referring criminal related activities, and
providing information exchange on law enforcement activity.
P. To agency contractors, grantees, or volunteers for DOI or other
Federal agencies that assist in the performance of a contract, grant,
cooperative agreement, or other activity related to this system of
records and who need to have access to the records in order to perform
the activity.
Q. To any of the following entities or individuals for the purpose
of providing information on incident investigations, personal injuries,
or the loss or damage of property:
(1) Individuals involved in such incidents;
(2) Persons injured in such incidents;
(3) Owners of property damaged, lost or stolen in such incidents,
and/or representatives, administrators of estates, and/or attorneys.
The release of information under these circumstances should only
occur when it will not interfere with ongoing investigations or law
enforcement proceedings; risk the health or safety of an individual; or
reveal the identity of an informant or witness that has received an
explicit assurance of confidentiality. Also, Social Security numbers
and other sensitive identifying personal information should not be
released under these circumstances unless this information belongs to
the individual requestor.
R. To any criminal, civil, or regulatory authority (whether
Federal, state, territorial, local, tribal or foreign) for the purpose
of providing background search information on individuals for legally
authorized purposes, including but not limited to background checks on
individuals residing in a home with a minor or individuals seeking
employment opportunities requiring background checks.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in electronic media and paper files. All records
are accessed only by authorized personnel who have a need to access the
records in the performance of their official duties. Paper records are
contained in file folders and stored in locked file cabinets. Records
obtained in a paper format and converted into electronic files in CMS
may be temporarily stored or accessed on DOI network computers, email
systems, and approved removable hard drives.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information may be retrieved by first name, middle name, or last
name, home and work addresses, personal and official phone numbers,
personal and official email addresses, employer information, and
associated case or activity number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are maintained under BSEE Bucket 5--
Regulatory Oversight and Stewardship (N1-473-12-5), which has been
approved by NARA. Records maintained under Item 5F(2)(a), Major
Incident Investigative Records, include final reports that document
major incidents requiring investigative panels and other reports
selected as significant by BSEE, and have a permanent retention.
Electronic records are transferred to NARA 15 years after cut-off, and
hardcopy reports are transferred to NARA 25 years after cut-off.
Records maintained under Item 5F(2)(b), All Other Incident
Investigative and Related Records, include records that do not result
in the appointment of a panel or are not selected as significant by
BSEE. These records have a temporary disposition and are destroyed 25
years after cut-off. Other administrative records are maintained under
BSEE Bucket-1, Administrative Records (N1-473-12-001), which has been
approved by NARA. Records maintained under Item IG(1), Administrative
Function Files/Audits and Investigation Files, have a temporary
disposition, and are cut off at the end of the fiscal year when
activity is completed and destroyed 10 years after cut off. Approved
disposition methods for temporary records include shredding or pulping
paper records, and erasing or degaussing electronic records in
accordance with NARA guidelines and Departmental policy.
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.
During normal hours of operation, paper records are maintained in
locked file cabinets under the control of authorized personnel.
Computerized records systems follow the National Institute of Standards
and Technology standards as developed to comply with the Privacy Act of
1974, 5 U.S.C. 552a; Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3521; Federal Information Security Modernization Act of 2014, 44 U.S.C.
3551-3558; and the Federal Information Processing Standards 199:
Standards for Security Categorization of Federal Information and
Information Systems. Computer servers in which electronic records are
stored are located in secured contractor facilities with physical,
technical and administrative levels of security to prevent unauthorized
access to the network and information assets. Security controls include
encryption, firewalls, audit logs, and network system security
monitoring.
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. Electronic data is protected through user
identification such as usernames, passwords, database permissions and
software controls. These security measures establish different access
levels for different types of users. Each user's access is restricted
to only the functions and data necessary to perform their job
responsibilities.
System administrators and authorized users are trained and required
to follow established internal security protocols, complete all
security, privacy, and records management training, and sign the DOI
Rules of Behavior. Contract employees with access to the system must
also complete mandatory security and privacy training, sign DOI Rules
of Behavior, and are monitored by their Contracting Officer
Representative and the agency Security Manager.
RECORD ACCESS PROCEDURES:
DOI has exempted portions of this system from the access procedures
of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). DOI will make
access determinations on a case by case basis.
An individual requesting records on himself or herself should send
a signed, written inquiry to the System Manager identified above. The
request should describe the records sought as specifically as possible.
The request envelope and letter should both be
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clearly marked ``PRIVACY ACT REQUEST FOR ACCESS.'' A request for access
must meet the requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
DOI has exempted portions of this system from the amendment
procedures of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). DOI will
make amendment determinations on a case by case basis.
An individual requesting corrections or the removal of material
from his or her records should send a signed, written request to the
System Manager identified above. A request for corrections or removal
must meet the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
DOI has exempted portions of this system from the notification
procedures of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). DOI will
make notification determinations on a case by case basis.
An individual requesting notification of the existence of records
on himself or herself should send a signed, written inquiry to the
System Manager identified above. 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:
This system contains civil and administrative law enforcement
investigatory records that are exempt from certain provisions of the
Privacy Act, 5 U.S.C. 552a(k)(2). Pursuant to 5 U.S.C. 552a(k)(2) of
the Privacy Act, DOI has exempted portions of this system from the
following subsections of the Privacy Act: (c)(3), (d), (e)(1),
(e)(4)(G), (H) and (I), and (f). In accordance with 5 U.S.C. 553(b),
(c) and (e), DOI promulgated a rule, which was published in the Federal
Register at 85 FR 1282 (January 10, 2020), to amend the DOI Privacy Act
regulations at 43 CFR 2.254 to claim exemptions for this system.
Additionally, the CMS may contain records from numerous sources
compiled for investigatory purposes. To the extent that copies of
records from other source systems of records are exempt from certain
provisions of the Privacy Act, DOI claims the same exemptions for those
records that are claimed for the original primary systems of records
from which they originated.
The exemptions from one or more provisions of the Privacy Act may
be waived on a case-by-case basis where a release would not interfere
with or adversely affect investigations or enforcement activities.
HISTORY:
81 FR 67386 (September 30, 2016).
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2021-20094 Filed 9-16-21; 8:45 am]
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