[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6196-6199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02294]
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DEPARTMENT OF THE INTERIOR
National Park Service
[DOI-2021-0015; PPWONRADE4, PEN00EN15.YP0000]
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-23, Planning, Environment and
Public Comment (PEPC) System. DOI is updating this system of records
notice (SORN) to update the system location, system manager, categories
of records, records source, records retrieval, records retention and
disposal, and safeguards; propose new and modified routine uses; and
provide general updates to remaining sections to accurately reflect
management of the system of records. This modified system will be
included in the DOI's inventory of record systems.
DATES: This modified system will be effective upon publication. New or
modified routine uses will be effective March 7, 2022. Submit comments
on or before March 7, 2022.
ADDRESSES: You may send comments identified by docket number [DOI-2021-
0015] 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-2021-0015] 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-2021-0015]. 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 NPS-23, Planning, Environment and Public
Comment (PEPC) System, system of records. The PEPC System is an online
collaborative tool designed to facilitate the project management
process in conservation planning and environmental impact analysis that
is
[[Page 6197]]
managed by the Natural Resource Stewardship and Science Directorate.
The system assists the NPS in making informed decisions regarding a
number of compliance issues throughout the planning, design, and
construction process.
DOI is publishing this revised notice to reflect updates to the
system location, system manager, categories of records, records source,
records retrieval, records retention and disposal, and safeguards;
include new 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 the Office of Management and Budget (OMB) Circular A-
108, Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act. DOI is proposing to modify existing
routine uses and add new routine uses to provide clarity, 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.
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.
Routine use H was modified to clarify sharing of information with
government agencies and organizations in response to court orders or
for discovery purposes related to litigation. 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 allows DOI 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 include review
by public affairs, legal counsel, and the Senior Agency Official for
Privacy and clarify circumstances where there is a legitimate public
interest in the disclosure of information that would not constitute an
unwarranted invasion of privacy.
Proposed new routine use C facilitates sharing of information with
the Executive Office of the President to resolve issues concerning
individuals' records. Proposed routine use P allows sharing with
members of the public in order to provide copies or summaries of
comments received on a project, and to provide information to the
public as a report or verification of all correspondence received for a
project, or as part of the process of reporting the public's concerns
on a project and the NPS's response to those concerns.
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 particulars
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-23, Planning, Environment and Public
Comment (PEPC) System, SORN 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/NPS-23, Planning, Environment and Public Comment (PEPC)
System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system is located at the National Information Technology
Center, National Park Service, 12201 Sunrise Valley Drive, Reston, VA
20192. Records may also be located at NPS regional and field offices
responsible for projects related to conservation planning and
environmental impact analysis. A current listing of park offices and
contact information may be obtained by visiting the NPS website at
https://www.nps.gov/aboutus/contactinformation.htm.
SYSTEM MANAGER(S):
Chief, Environmental Information Management Branch, Environmental
Quality Division, Natural Resource Stewardship and Science, National
Park Service, P.O. Box 25287, Denver, CO 80225-0287.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 4321 et seq., The National Environmental Policy Act of
1969, as amended; and 43 CFR part 46, Implementation of the National
Environmental Policy Act of 1969.
PURPOSE(S) OF THE SYSTEM:
The PEPC System is a collaborative online tool designed to: (1)
Facilitate the project management process in conservation planning and
environmental impact analysis; (2) assist NPS employees in making
informed decisions regarding pertinent compliance issues throughout the
planning, design, and construction process; (3) provide consistency in
applying applicable policies, laws and regulations; and (4) provide a
platform for public comment opportunities for environmental impact
analysis and other documents that require public input.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include DOI employees,
contractors and volunteers; other Federal, state or local government
agency employees, contractors and volunteers; partners of NPS that are
involved in the projects; members of the public providing and seeking
comments on the projects; and other individuals involved with projects
related to conservation planning and environmental impact analysis.
[[Page 6198]]
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains documents necessary to track compliance,
milestones, and status of projects related to conservation planning and
environmental impact analysis. These records may include name, home or
business address, home or business telephone number, home or business
email address, organization affiliation, correspondent identification
number, project number, and unique correspondence identification number
for each correspondence record received. The correspondent
identification number is a unique number in the database that can be
used to query the correspondent's information.
RECORD SOURCE CATEGORIES:
Records in the PEPC System are obtained from DOI employees,
contractors, and volunteers; other Federal, state, or local government
agency employees, contractors, and volunteers; partners; tribes;
members of the public; comments posted on regulations.gov; and other
individuals involved with projects related to conservation planning and
environmental impact analysis.
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 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 officials of another Federal, state, local, or tribal agency
to retrieve, review or analyze public comments for projects under their
authority, which were received via the PEPC System.
P. To members of the public in order to provide copies or summaries
of comments received on a project, and to provide information to the
public as a report or verification of all correspondence received for a
project, or as part of the process of reporting the public's concerns
on a project and the NPS's response to those concerns.
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
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
[[Page 6199]]
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are contained in file folders stored within filing
cabinets. Electronic records are contained in computers, magnetic
disks, computer tapes, removable drives, email, and electronic
databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The information may be retrieved by various fields including
correspondent's name, project number, correspondence's identification
number, correspondent's identification number, document identification
number, park, organization type, affiliation, or correspondence receipt
date.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in accordance with the National Park Service
Records Schedule, Resource Management and Lands (Item 1C), which has
been approved by NARA (Job No. N1-79-0801). The disposition of records
with short-term operational value and not considered essential for
ongoing management of land, cultural and natural resources is
temporary, including account management records. These operational
records are destroyed/deleted 15 years after closure. The disposition
for routine housekeeping and supporting documentation is temporary and
records are destroyed/deleted 3 years after closure.
Approved disposition methods for records include shredding or
pulping paper records and erasing or degaussing electronic records in
accordance with NARA guidelines and Departmental policy. Detailed
disposition procedures and processes will be defined, implemented, and
published to internal system administration staff within the PEPC
technical reference manuals.
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.
Access to records in the PEPC System is limited to authorized personnel
whose official duties require such access. Paper records are secured in
file cabinets in areas which are locked during non-duty hours.
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. 3501et 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, network system security
monitoring, and software controls.
Database tables are kept on separate file servers away from general
file storage and other local area network usage. The data itself is
stored in a password-protected, client-server database. Security
measures establish access levels for different types of users.
Personnel authorized to access the system must complete all
security, privacy, and records management training and sign the DOI
Rules of Behavior. A Privacy Impact Assessment was conducted on the
PEPC System to ensure that Privacy Act requirements are met, and
appropriate privacy controls were implemented to safeguard the
personally identifiable information contained in the system.
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 30641 (May 28, 2014), modification published at 86 FR 50156
(September 7, 2021).
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2022-02294 Filed 2-2-22; 8:45 am]
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