Incident Management, Analysis and Reporting System, DOI-10

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Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices

DEPARTMENT OF THE INTERIOR
Office of the Secretary
[XXXD4523WT DWT000000.000000
DS65101000]

Privacy Act of 1974, as Amended;
Notice To Amend an Existing System
of Records
Department of the Interior.
Notice of an amendment to an
existing system of records.

AGENCY:
ACTION:

Under the Privacy Act of
1974, as amended, the Department of
the Interior is issuing a public notice of
its intent to amend the Office of the
Secretary Privacy Act system of records,
‘‘Incident Management, Analysis and
Reporting System,’’ to update the
address for the system manager and
amend Routine Use (16). The
amendment will protect ongoing law
enforcement proceedings, the identity of
certain confidential informants, the
health and safety of individuals, and the
privacy interests of parties involved,
injured or identified in incident reports
related to traffic accidents, personal
injuries, or the loss or damage of
property.

SUMMARY:

Comments must be received by
July 14, 2014. This amended system will
be effective July 14, 2014.
ADDRESSES: Any person interested in
commenting on this amendment may do
so by: submitting comments in writing
to the Departmental Privacy Act Officer,
1849 C Street NW., Mail Stop 5547 MIB,
Washington, DC 20240; hand-delivering
comments to the Departmental Privacy
Act Officer, 1849 C Street NW., Mail
Stop 5547 MIB, Washington, DC 20240
or emailing comments to Privacy@
ios.doi.gov.
DATES:

FOR FURTHER INFORMATION CONTACT:

IMARS System Manager, 1849 C Street
NW., Mail Stop 3060 MIB, Washington,
DC 20240, or by phone at 202–208–
3601.
SUPPLEMENTARY INFORMATION:

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I. Background
The Department of the Interior (DOI),
Office of the Secretary, maintains an
enterprise-wide system of records
known as the ‘‘Incident Management,
Analysis and Reporting System, DOI–
10’’ system of records. The amendment
to the Incident Management, Analysis
and Reporting System (IMARS) will
revise the routine uses section to update
Routine Use (16) to provide information
to parties who need it to adjudicate a
claim. The amendment to Routine Use
(16) states that:

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• The release of information under
these circumstances should only occur
when it will not interfere with ongoing
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.
• To protect individual privacy,
Social Security numbers and tribal
identification numbers should not be
released under these circumstances
unless the Social Security number or
tribal identification number belongs to
the individual requester.
The IMARS system provides a unified
system for Department of the Interior
law enforcement agencies to manage
law enforcement investigations,
measure performance and meet
reporting requirements. The system also
provides the capability to prevent,
detect and investigate known and
suspected criminal activity; to interface
with Department of Homeland Security
and National Incident Based Reporting
System; analyze and prioritize
protection efforts; provide information
to justify law enforcement funding
requests and expenditures; assist in
managing visitor use and protection
programs, including training;
investigate, detain and apprehend those
committing crimes on DOI properties or
tribal reservations (for the purpose of
this system of records notice, tribal
reservations include contiguous areas
policed by tribal or Bureau of Indian
Affairs law enforcement offices)
managed by a Native American tribe
under DOI’s Bureau of Indian Affairs;
and investigate and prevent visitor
accident injuries on DOI properties or
tribal reservations. Incident and nonincident data related to criminal and
civil activity will be collected in
support of law enforcement, homeland
security, and security (physical,
personnel and stability, information,
and industrial) activities. This may
include data documenting
investigations and law enforcement
activities, traffic safety, property damage
claims, traffic accidents and domestic
issues, and emergency management,
sharing and analysis activities.
Accordingly, DOI consolidated the
following DOI Privacy Act systems of
records: Bureau of Reclamation Law
Enforcement Management Information
System (RLEMIS)—Interior, WBR–50
(73 FR 62314, October 20, 2008); Fish
and Wildlife Service Investigative Case
File System—Interior, FWS–20 (48 FR
54719, December 6, 1983); Bureau of
Land Management Criminal Case
Investigation—Interior, BLM–18 (73 FR
17376, April 1, 2008); Bureau of Indian
Affairs Law Enforcement Services—

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Interior, BIA–18 (70 FR 1264, January 6,
2005); and National Park Service Case
Incident Reporting System, NPS–19 (70
FR 1274, January 6, 2005) into one
Department of the Interior system of
records, titled the Incident Management,
Analysis and Reporting System
(IMARS). The IMARS system is
maintained by the DOI Office of Law
Enforcement Services, and is managed
by the IMARS Security Manager (the
‘‘System Manager’’). The IMARS system
notice was last published in the Federal
Register on July 30, 2013 (Volume 78,
Number 146).
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.
The Department of the Interior
published a notice of proposed
rulemaking in the Federal Register on
August 1, 2013 (Volume 78, Number
148) in accordance with the
requirements of 5 U.S.C. 553(b), (c) and
(e), to exempt records maintained in this
system from certain provisions of the
Privacy Act pursuant to 5 U.S.C.
552a(j)(2) and (k)(2). The exemptions for
the consolidated system of records will
continue to be applicable until the final
rule has been completed.
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 about an individual is
retrieved by the name 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. 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, subpart K.
The Privacy Act requires each agency
to publish in the Federal Register a

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Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices
description denoting the type and
character of each system of records that
the agency maintains and the routine
uses of each system to make agency
recordkeeping practices transparent,
notify individuals regarding the uses of
their records, and assist individuals to
more easily find such records within the
agency. The system notice for the
amended ‘‘Incident Management,
Analysis and Reporting System, DOI–
10’’ 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 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.
Teri Barnett,
Departmental Privacy Act Officer.
System Name

Incident Management, Analysis and
Reporting System, DOI–10
SYSTEM LOCATION:

Interior Business Center, U.S.
Department of the Interior, 7301 W
Mansfield Ave., Denver, CO 80235.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

The categories of individuals covered
in the system include current and
former Federal employees and
contractors, Federal, tribal, state and
local law enforcement officers.
Additionally, this system contains
information regarding members of the
general public, including individuals
and/or groups of individuals involved
with law enforcement incidents
involving Federal assets or occurring on
public lands and tribal reservations,
such as witnesses, individuals making
complaints, individuals being
investigated or arrested for criminal or
traffic offenses, or certain types of noncriminal incidents; and members of the
general public involved in an accident
on DOI properties or tribal reservations.
CATEGORIES OF RECORDS IN THE SYSTEM:

The system includes law enforcement
incident reports, law enforcement
personnel records, and law enforcement
training records, which contain the

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following information: Social Security
numbers, drivers license numbers,
vehicle identification numbers, license
plate numbers, names, home addresses,
work addresses, telephone numbers,
email addresses and other contact
information, emergency contact
information, ethnicity and race, tribal
identification numbers or other tribal
enrollment data, work history,
educational history, affiliations, and
other related data, dates of birth, places
of birth, passport numbers, gender,
fingerprints, hair and eye color, and any
other physical or distinguishing
attributes of an individual. Incident
reports and records may include
attachments such as photos, video,
sketches, medical reports, and email
and text messages. Incident reports may
also include information concerning
criminal activity, response, and
outcome of the incident. Records in this
system also include information
concerning Federal civilian employees
and contractors, Federal, tribal, state
and local law enforcement officers and
may contain information regarding an
officer’s name, contact information,
station and career history, firearms
qualifications, medical history,
background investigation and status,
date of birth and Social Security
Number. Information regarding officers’
equipment, such as firearms, tasers,
body armor, vehicles, computers and
special equipment related skills is also
included in this system.
Uniform Federal Crime Reporting Act,
28 U.S.C. 534; Intelligence Reform and
Terrorism Prevention Act of 2004 (Pub.
L. 108–458); Homeland Security Act of
2002 (Pub. L. 107–296); USA PATRIOT
ACT of 2001 (Pub. L. 107–56); USA
PATRIOT Improvement Act of 2005
(Pub. L. 109–177); Tribal Law and Order
Act of 2010 (Pub. L. 111–211);
Homeland Security Presidential
Directive 7—Critical Infrastructure
Identification, Prioritization, and
Protection; Homeland Security
Presidential Directive 12—Policy for a
Common Identification Standard for
Federal Employees and Contractors;
Criminal Intelligence Systems Operating
Policies, 28 CFR part 23.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

The IMARS system of records is an
incident management and reporting
application used to prevent, detect and
investigate known and suspected
criminal activity; protect natural and
cultural resources; capture, integrate
and share law enforcement and related

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information and observations from other
sources; measure performance of law
enforcement programs and management
of emergency incidents; meet reporting
requirements, provide Department of
Homeland Security (DHS) and National
Incident Based Reporting System
(NIBRS) interface frameworks; analyze
and prioritize protection efforts; assist
in managing visitor use and protection
programs; employee training; enable the
ability to investigate, detain and
apprehend those committing crimes on
DOI properties or tribal reservations;
and to investigate and prevent visitor
accident injuries on DOI properties or
tribal reservations.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, 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:
(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
(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;
(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, to the extent the records have not
been exempted from disclosure

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pursuant to 5 U.S.C. 552a(j)(2) and
(k)(2).
(3) 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 for which the records are
collected or maintained, to the extent
the records have not been exempted
from disclosure pursuant to 5 U.S.C.
552a(j)(2) and (k)(2).
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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

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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.
(11) 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.
(12) To the Department of the
Treasury to recover debts owed to the
United States.
(13) To a consumer reporting agency
if the disclosure requirements of the
Debt Collection Act, as outlined at 31
U.S.C. 3711(e)(1), have been met.
(14) To the Department of Justice, the
Department of Homeland Security, and
other federal, state and local law
enforcement agencies for the purpose of
information exchange on law
enforcement activity.
(15) To agency contractors, grantees,
or volunteers for DOI or other Federal
Departments who have been engaged to
assist the Government 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.
(16) To any of the following entities
or individuals, for the purpose of
providing information on traffic
accidents, personal injuries, or the loss
or damage of property:
(a) Individuals involved in such
incidents;
(b) Persons injured in such incidents;
(c) Owners of property damaged, lost
or stolen in such incidents; and/or
(d) These individuals’ duly verified
insurance companies, personal
representatives, administrators of
estates, and/or attorneys.
The release of information under
these circumstances should only occur
when it will not interfere with ongoing
law enforcement proceedings; risk the
health or safety of an individual; or
reveal the identity of an information or
witness that has received an explicit
assurance of confidentiality. Social
Security numbers and tribal
identification numbers should not be
released under these circumstances
unless the Social Security number or
tribal identification number belongs to
the individual requestor.
(17) To any criminal, civil, or
regulatory authority (whether Federal,

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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.
(18) To the news media and the
public, with the approval of the System
Manager in consultation with the Office
of the Solicitor and the Senior Agency
Official for Privacy, in support of the
law enforcement activities, including
obtaining public assistance with
identifying and locating criminal
suspects and lost or missing
individuals, and providing the public
with alerts about dangerous individuals.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

Electronic records are maintained in
password protected removable drives
and other user-authenticated, passwordprotected systems that are compliant
with the Federal Information Security
Management Act. 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 stored in file cabinets.
RETRIEVABILITY:

Multiple fields allow retrieval of
individual record information including
Social Security number, first or last
name, badge number, address, phone
number, vehicle information and
physical attributes.
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 filed 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 (Pub. L. 93–579), Paperwork
Reduction Act of 1995 (Pub. L. 104–13),
Federal Information Security
Management Act of 2002 (Pub. L. 107–
347), 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
Department of the Interior facilities.

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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, passwords, database
permissions and software controls. Such
security measures establish different
access levels for different types of users
associated with pre-defined groups and/
or bureaus. Each user’s access is
restricted to only the functions and data
necessary to perform that person’s job
responsibilities. Access can be restricted
to specific functions (create, update,
delete, view, assign permissions) and is
restricted utilizing role-based access.
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 Rules
of Behavior. Contract employees with
access to the system are monitored by
their Contracting Officer’s Technical
Representative and the agency Security
Manager.
RETENTION AND DISPOSAL:

Records in this system are retained
and disposed of in accordance with
Office of the Secretary Records
Schedule 8151, Incident, Management,
Analysis and Reporting System, which
was approved by the National Archives
and Records Administration (NARA)
(N1–048–09–5), and other NARA
approved bureau or office records
schedules. The specific record schedule
for each type of record or form is
dependent on the subject matter and
records series. After the retention period
has passed, temporary records are
disposed of in accordance with the
applicable records schedule and DOI
policy. Disposition methods include
burning, pulping, shredding, erasing
and degaussing in accordance with DOI
384 Departmental Manual 1. Permanent
records that are no longer active or
needed for agency use are transferred to
the National Archives for permanent
retention in accordance with NARA
guidelines.
SYSTEM MANAGER AND ADDRESS:

IMARS Security Manager, 1849 C
Street NW., Mail Stop 3060 MIB,
Washington, DC 20240.

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NOTIFICATION PROCEDURES:

The Department of the Interior has
exempted portions of this system from
the notification procedures of the
Privacy Act pursuant to sections (j)(2)
and (k)(2). An individual requesting
notification of the existence of records
on himself or herself should send a
signed, written inquiry to the System

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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:

The Department of the Interior has
exempted portions of this system from
the access procedures of the Privacy Act
pursuant to sections (j)(2) and (k)(2). 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
clearly marked ‘‘PRIVACY ACT
REQUEST FOR ACCESS.’’ A request for
access must meet the requirements of 43
CFR 2.238.
CONTESTING RECORDS PROCEDURES:

The Department of the Interior has
exempted portions of this system from
the amendment procedures of the
Privacy Act pursuant to sections (j)(2)
and (k)(2). 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.
RECORD SOURCE CATEGORIES:

Sources of information in the system
include Department, bureau, office,
tribal, State and local law officials and
management, complainants, informants,
suspects, victims, witnesses, visitors to
Federal properties, and other Federal
agencies including the Federal Bureau
of Investigation or the Department of
Justice.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Privacy Act (5 U.S.C. 552a(j)(2)
and (k)(2)) provides general exemption
authority for some Privacy Act systems.
In accordance with that authority, the
Department of the Interior adopted
regulations 43 CFR 2.254(a–b). Pursuant
to 5 U.S.C. 552a(j)(2) and (k)(2) of the
Privacy Act, portions of this systems are
exempt from the following subsections
of the Privacy Act (as found in 5 U.S.C.
552a); (c)(3), (c)(4), (d), (e)(1) through
(e)(3), (e)(4)(G) through (e)(4)(I), (e)(5),
(e)(8), (f), and (g).
[FR Doc. 2014–12851 Filed 6–2–14; 8:45 am]
BILLING CODE 4310–RK–P

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2014–N104;
FXES11130800000–145–FF08E00000]

Endangered Species Recovery Permit
Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comment.
AGENCY:

We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
endangered species. With some
exceptions, the Endangered Species Act
(Act) prohibits activities with
endangered and threatened species
unless a Federal permit allows such
activity. The Act also requires that we
invite public comment before issuing
recovery permits to conduct certain
activities with endangered species.
DATES: Comments on these permit
applications must be received on or
before July 3, 2014.
ADDRESSES: Written data or comments
should be submitted to the Endangered
Species Program Manager, U.S. Fish and
Wildlife Service, Region 8, 2800 Cottage
Way, Room W–2606, Sacramento, CA
95825 (telephone: 916–414–6464; fax:
916–414–6486). Please refer to the
applicant’s name and affiliation for each
application when submitting comments.
FOR FURTHER INFORMATION CONTACT:
Daniel Marquez, Fish and Wildlife
Biologist; see ADDRESSES (telephone:
760–431–9440; fax: 760–431–9624).
SUPPLEMENTARY INFORMATION: The
following applicants have applied for
scientific research permits to conduct
certain activities with endangered
species under section 10(a)(1)(A) of the
Act (16 U.S.C. 1531 et seq.). Permit
numbers have not been assigned to the
three applications for new permits.
However, because of the time-sensitive
nature of the surveys and research, we
are proceeding to provide notice of
these applications and solicit input from
the public on these activities. We seek
review and comment from local, State,
and Federal agencies and the public on
the following permit requests.
SUMMARY:

Applicants
Applicant: Mary H. Toothman,
University of California, Santa Barbara,
Satellite Amphibian Research Facility,
Santa Barbara, California.
The applicant requests a permit to
take (survey, capture, handle, mark,
release, hold in captivity, and relocate)

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