Special Use Permits (79 FR 9272)

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[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Pages 9272-9276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03433]
----------------------------------------------------------------------DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-VRP-13335; PXXVPAD0517.00.1]
Privacy Act of 1974, as amended; Notice to Amend an Existing
System of Records
AGENCY: National Park Service, Interior.
ACTION: Notice of amendment to an existing system of records.
----------------------------------------------------------------------SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior is issuing a public notice of
its intent to amend the National Park Service Privacy Act system of
records, ``Special Use Permits--Interior, NPS-1,'' to update the system
location, categories of individuals covered by the system, categories
of records in the system, authority, routine uses, storage, safeguards,
retention and disposal, system manager and address, notification
procedures, records access and contesting procedures, and record source
categories. The purpose of the system is to provide a park
superintendent with information to approve or deny requests for
activities that provide a benefit to an individual, group or
organization, rather than the public at large. The system also assists
park staff to manage the activity 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.
DATES:

Comments must be received by March 31, 2014.

ADDRESSES: Any person interested in commenting on this notice may do so
by: submitting comments in writing to Felix Uribe, National Park
Service
[[Page 9273]]
Privacy Act Officer, 1849 C Street NW., Mail Stop 2550, Washington, DC
20240; hand-delivering comments to Felix Uribe, National Park Service
Privacy Act Officer, 1201 Eye Street NW., Washington, DC 20005; or
emailing comments to [email protected].
FOR FURTHER INFORMATION CONTACT: Special Park Uses Program Manager,
1849 C Street NW., Mail Stop 2460, Washington, DC 20240; or by
telephone at 202-513-7092.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (DOI), National Park Service (NPS)
maintains the ``Special Use Permits--Interior, NPS-1'' system of
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records. The purpose of the system is to provide a park superintendent
with information to approve or deny requests for activities that
provide a benefit to an individual, group or organization, rather than
the public at large. The system also assists park staff to manage the
activity 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. The system was last published in
the Federal Register on November 15, 1999 (Volume 64, Number 219).
The amendments to the system will be effective as proposed at the
end of the comment period (the comment period will end 40 days after
the publication of this notice in the Federal Register), unless
comments are received which would require a contrary determination. DOI
will publish a revised notice if changes are made based upon a review
of the comments received.
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' personal information. The Privacy Act applies to
information that is maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
for 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. As a matter of
policy, DOI extends administrative Privacy Act protections to all
individuals. 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, 43 CFR
Part 2.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such
records within the agency. Below is the description of the National
Park Service, ``Special Use Permits--Interior, NPS-1'' system of
records.
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 Disclosure
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: February 11, 2014.
Felix Uribe,
Privacy Act Officer, National Park Service.
SYSTEM NAME:
Special Use Permits--Interior, NPS-1
SYSTEM LOCATION:
Records in this system are maintained by the Special Park Uses
Program, 1849 C Street NW., Mail Stop 2460, Washington, DC 20240.
Records may also be located at the parks responsible for issuing
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special use permits.
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.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains: (1) Applications for special use permits and
may include name, organization, social security number, tax
identification number, 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; 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; and (2) supporting
documentation for permitted activities containing site plans, diagrams,
story boards or scripts, crowd control and emergency medical plans and
proposed site plan(s).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
16 U.S.C. 1, National Park Service Organic Act; 16 U.S.C. 3, Rules
and regulations of national parks, reservations, and monuments; timber;
leases, 16 U.S.C. 3a, Recovery of costs associated with special use
permits; and 16 U.S.C. 460i-6d, Commercial Filming.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The purposes of the system are (1) to provide a park superintendent
with information to approve or deny requests for activities that
provide a benefit to an individual, group or organization, rather than
the public at large; and (2) to assist park staff to manage the
activity 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.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, disclosures outside DOI may be made as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(1)(a) To any of the following entities or individuals, when the
circumstances set forth in paragraph (b) are met:
(i) The U.S. Department of Justice (DOJ);
(ii) A court or an adjudicative or other administrative body;
(iii) A party in litigation before a court or an adjudicative or
other administrative body; or
[[Page 9274]]
(iv) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(b) When:
(i) One of the following is a party to the proceeding or has an
interest in the proceeding:
(A) DOI or any component of DOI;
(B) Any other Federal agency appearing before the Office of
Hearings and Appeals;
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(C) Any DOI employee acting in his or her official capacity;
(D) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(E) The United States, when DOJ determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the proceeding; and
(B) Compatible with the purpose for which the records were
compiled.
(2) To a congressional office in response to a written inquiry that
an individual covered by the system, or the heir of such individual if
the covered individual is deceased, has made to the office.
(3) 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.
(4) 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.
(5) 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.
(6) To representatives of the National Archives and Records
Administration to conduct records management inspections under the
authority of 44 U.S.C. 2904 and 2906.
(7) To state 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.
(8) To an expert, consultant, 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.
(9) To appropriate agencies, entities, and persons when:
(a) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; and
(b) The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interest, identity theft or fraud, or harm to the security or integrity
of this system or other systems or programs (whether maintained by the
Department or another agency or entity) that rely upon the compromised
information; and
(c) The disclosure is made to such agencies, entities and persons
who are reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
(10) To the Office of Management and Budget during the coordination
and clearance process in connection with legislative affairs as
mandated by OMB Circular A-19.
(11) To the Department of the Treasury to recover debts owed to the
United States.
(12) To the news media when the disclosure is compatible with the
purpose for which the records were compiled.
(13) To a consumer reporting agency if the disclosure requirements
of the Debt Collection Act, as outlined at 31 U.S.C. Sec. 3711(e)(1),
have been met.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
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AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
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.
RETRIEVABILITY:
Records in the system are retrieved by permittee's name, permit
number or date of activity.
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 a valid
username and 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 Department of the Interior
facilities. Personnel authorized to access systems must complete all
Security, Privacy, and Records Management training and sign the DOI
Rules of Behavior.
RETENTION AND DISPOSAL:
Records in this system are retained in accordance with the National
Park Service Records Schedule Resource Management and Lands, which has
been approved by the National Archives and Records Administration (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.
SYSTEM MANAGER AND ADDRESS:
Special Park Uses Program Manager, 1849 C Street NW., Mail Stop
2460, Washington, DC 20240.
NOTIFICATION PROCEDURES:
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.
RECORDS ACCESS PROCEDURES:
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
[[Page 9275]]
clearly marked ``PRIVACY ACT REQUEST FOR ACCESS.'' A request for access
must meet the requirements of 43 CFR 2.238.
CONTESTING RECORDS PROCEDURES:
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
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must meet the requirements of 43 CFR 2.246.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from applicants of special use
permits and holders of special use permits.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Privacy Act of 1974
NARRATIVE STATEMENT FOR AN AMENDED PRIVACY ACT SYSTEM OF RECORDS FOR
THE DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE--SPECIAL USE
PERMITS
Special Use Permits--Interior, NPS-1
1. Describe the purposes of the system of records.
The National Park Service (NPS) maintains the Special Use Permits
system of records. The purpose of the system is to provide a park
superintendent with information to approve or deny requests for
activities that provide a benefit to an individual, group or
organization, rather than the public at large. The system also assists
park staff to manage the activity 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.
The NPS only collects information that is necessary to execute the
responsibilities of the Special Park Uses (SPU) Program. The SPU
Program provides information and policy guidance to park
superintendents, and regional and park special park uses personnel on
permits such as right-of-way permits, special event and First Amendment
permits, and commercial film permits.
The NPS estimates that the Special Use Permits system will contain
a large amount of individual records for those individuals that have
applied for special use permits from the National Park Service, and
currently hold special use permits. The 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. The National Park Service receives in
excess of 18,000 applications per year for special park use permits, of
which approximately 13,000 applications are received from individuals.
Steps were taken to minimize the amount of personal information
maintained in the Special Use Permits system. Only information that is
required to provide a superintendent with sufficient information to
make an informed decision on the request for a permit is collected.
Social security or tax identification numbers are collected in
accordance with the Debt Reduction Act.
2. Identify the specific statute or Executive Order which authorizes
the maintenance of the system of records.
16 U.S.C. 1, National Park Service Organic Act; 16 U.S.C. 3, Rules
and regulations of national parks, reservations, and monuments; timber;
leases, 16 U.S.C. 3a, Recovery of costs associated with special use
permits; and 16 U.S.C. 460i-6d, Commercial Filming.
3. Provide an evaluation of the probable or potential effect of the
proposal on the privacy of individuals.
The Special Use Permits System collects and stores information from
individuals, businesses or government entities (including personally
identifiable information from individuals representing businesses) that
apply or are granted permits for special uses at the National Park
Service.
The Special Park Uses Program has taken measures to protect the
information in the system and as a result, there is a minimal risk to
the privacy of most individuals.
4. Describe the relationship of the proposal, if any, to the other
branches of the Federal government and to State and local governments.
DOI may share information contained within the NPS Special Use
Permits system with other Federal, state and local governments to
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provide information needed to recover debts owed to the United States,
to respond to a violation or potential violation of law, in response to
court order and/or discovery purposes related to litigation, or other
authorized routine use when the disclosure is compatible with the
purpose for which the records were compiled.
5. Provide a brief description of steps taken by the agency to minimize
the risk of unauthorized access to the system of records.
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 a valid
username and 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 Department of the Interior
facilities. Personnel authorized to access systems must complete all
Security, Privacy, and Records Management training and sign the DOI
Rules of Behavior.
6. Explain how each proposed routine use is compatible with the purpose
for which the records are collected and maintained.
Each proposed routine use is compatible with the purpose of this
system because it either: promotes the integrity of the records in the
system or servicing and maintenance of the system; improves access by
individuals who are the subjects of the information in the system,
pursuant to the Privacy Act of 1974, 5 U.S.C. Sec. 552a; or carries
out a statutory responsibility of the Department, or requires that a
specific determination be made prior to disclosure that a concrete
relationship or similarity exists between the disclosure and the
purpose for which the information in the system was gathered.
7. Provide the OMB clearance numbers, expiration dates, and titles of
any OMB-approved information collection requirements contained in the
system of records.
The Special Use Permits--Interior, NPS--1 is comprised of
information taken from NPS forms (OMB Control Number: 1024-0026). The
forms are: Application for Special Use Permit, 10-930, expires
06/2013; Application for Commercial Filming/Still Photography Permit
(short form), 10-931, expires 06/2013; Application for
Commercial Filming/Still Photography Permit (long form), 10932, expires 06/2013; and two new forms, Application for Vehicle Use
Permit, 10-933 and
[[Page 9276]]
Application for Special Use Permit (short form) 10-930S. An
Information Collection Request for both forms was submitted to OMB for
approval on December 31, 2012.
8. Does the proposal require new or revised agency rules to be
published in the Federal Register?
No. This system of records does not require new or revised agency
rules to be published in the Federal Register.
[FR Doc. 2014-03433 Filed 2-14-14; 8:45 am]
BILLING CODE 4312-EJ-P

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