[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Notices]
[Pages 75016-75019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24075]
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DEPARTMENT OF THE INTERIOR
National Park Service
[DOI-2022-0006; PWOVPADW0 PPMPRLE1Y.Y00000]
Privacy Act of 1974; System of Records
AGENCY: National Park Service, Interior.
ACTION: Notice of a new 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 create the National Park Service (NPS) Privacy
Act system of records, INTERIOR/NPS-34, Backcountry and Wilderness Use
Permit System. The system processes applications for permits from
individual members of the public, organizations, and other business
entities interested in obtaining permits authorizing access to and use
of backcountry and wilderness areas within the National Park System.
This new system will be included in DOI's inventory of record systems.
DATES: This new system will be effective upon publication. New routine
uses will be effective December 1, 2023. Submit comments on or before
December 1, 2023.
ADDRESSES: You may send comments identified by docket number [DOI-2022-
0006] by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include docket number
[DOI-2022-0006] 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-2022-0006]. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://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
NPS is establishing the system of records for the INTERIOR/NPS-34,
Backcountry and Wilderness Use Permit System. The system processes
applications for permits from members of the public, organizations, and
other business entities interested in obtaining permits authorizing
access to and use of backcountry and wilderness areas within the
National Park System. The system also assists park staff with visitors'
education, trip planning, fee collection, resource management and
protection, wilderness stewardship, outdoor ethics, recreational use
planning, law enforcement activities, and public safety, including
preventative search and rescue; provides permit holders and
participants with information about parks and their partners;
identifies permitted trip itineraries; and provides reports of
activities conducted under an issued permit.
In accordance with its legal authorities, NPS may share information
with Federal, state, local, and Tribal agencies for search and rescue
and law enforcement activities, and status of permits to ensure
compliance with all applicable permitting requirements and terms of
other official agreements. To the extent permitted by law, information
may be shared with other agencies and organizations as authorized and
compatible with the purpose of this system, or when proper and
necessary, consistent with the routine uses set forth in this system of
records notice (SORN).
[[Page 75017]]
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-34, Backcountry and Wilderness Use Permit
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
the Office of Management and Budget and to Congress.
III. Public Participation
You should be aware your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal information in your comment, may be made
publicly available at any time. While you may request to withhold your
personally identifiable information from public review, we cannot
guarantee we will be able to do so.
SYSTEM NAME AND NUMBER:
INTERIOR/NPS-34, Backcountry and Wilderness Use Permit System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Visitor Resource and Protection Directorate, National Park Service,
1849 C Street NW, Room 2462, Washington, DC 20040. Records are also
located at the parks responsible for issuing backcountry and wilderness
use permits. A current listing of park offices may be obtained by
visiting the NPS website at https://www.nps.gov or by contacting the
System Manager below.
SYSTEM MANAGER(S):
Chief of Wilderness Stewardship, Visitor and Resource Protection
Directorate, National Park Service, 1849 C Street NW, Room 2462,
Washington, DC 20240.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 54 U.S.C. Subtitle 1, National Park System; 16 U.S.C 1131-
1136, Wilderness Act; 16 U.S.C 6801-6814, Federal Lands Recreation
Enhancement Act; 36 CFR part 71, Recreation Fees; 36 CFR 1.6, Permits;
36 CFR 2.10, Camping; 36 CFR 2.23, Recreation Fees; and 36 CFR part 13,
NPS Units in Alaska.
PURPOSE(S) OF THE SYSTEM:
The purposes of the system are to:
(1) Assist park staff with visitors' education, trip planning, fee
collection, resource management and protection, wilderness stewardship,
outdoor ethics, recreational use planning, trip itineraries, and law
enforcement and public safety activities, including preventative search
and rescue;
(2) Establish and verify applicants' eligibility and process
applications from members of the public and organizations interested in
obtaining a permit for authorized activities within the NPS;
(3) Provide permit holders, participants and members of the public
with permit-related information and information about parks and
partners;
(4) Monitor activities conducted under a permit and analyze data,
produce reports to manage the use of park resources, generate budget
estimates and track performance, and evaluate the effectiveness of the
permit programs to meet reporting requirements of the DOI and NPS; and
(5) Assess the impact of permitted activities on the conservation
and management natural and cultural resources, including protected
species and their habitats and preservation of wilderness character.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include members of the public and
organizations submitting a permit application, and NPS employees
responsible for processing applications for permits, applicants of
permits, and holders of 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 backcountry and wilderness permit applications
and permits for authorized activities in national parks and may include
applicant information such as name, address and country, email, home
phone number, personal mobile number, work phone number, park pass
number, group/organization type, permit request number, permit number;
type and location of backcountry and wilderness use requested; method
of travel; mode of transportation such as vehicle, aircraft,
watercraft, snowmobile, and off-road vehicle information including
make, model, and color, state of issuance and license plate number;
parking and launch locations; aircraft Registration N-number and
watercraft Hull Registration number; equipment information; itinerary
details such as dates, use area or location, trailhead and/or
campground/trail name or code, number of campsites, trip length, and
group size; payment information such as credit card number, credit card
expiration date, and amount authorized. Other records also include
information pertaining to general administrative processing and review
of an application, and the monitoring of activities under the issued
permit.
RECORD SOURCE CATEGORIES:
Records in the system are obtained from applicants and permit
holders of backcountry and wilderness permits.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
(1) DOI or any component of DOI;
(2) Any other Federal agency appearing before the Office of
Hearings and Appeals;
[[Page 75018]]
(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, shared service provider, 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 Federal, state, local, and tribal jurisdictions and agencies
for the purpose of disclosing emergency contact information related to
search and rescue efforts and coordinated law enforcement activities.
P. To Federal, state, local and tribal natural resource, recreation
and land management jurisdictions, agencies, and organizations for the
purpose of monitoring backcountry and wilderness visitor use
activities, locations, and statistics, and disclosing information on
permits granted in compliance with all applicable permitting
requirements.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records are stored in file folders stored within filing
cabinets. Electronic records are maintained in computers, computer
databases, email, and electronic media such as removable hard drives,
magnetic disks, compact discs, and computer tapes.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system are retrieved by various fields including
the first name, last name, permit request number, permit number, email
address, phone number, license plate number, use area and date,
organization, and zip code.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained in accordance with the NPS
Records Schedule Resource Management and Lands (Item 1), which has been
approved by NARA (Job No. N1-79-08-1). The disposition for routine
visitor use, resource management and land records are temporary and are
destroyed or deleted 3 years after closure. Approved destruction
methods for temporary records that have met their retention period
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 and privacy rules and
policies. During normal hours of operation, paper records are
maintained in locked file cabinets under the control of authorized
personnel. Computer servers on which electronic records are stored and
located in secured DOI controlled facilities with physical, technical
and administrative levels of security to prevent unauthorized access to
the DOI network and information assets. Access granted to authorized
personnel is password-protected, and each person granted access to the
system must be individually authorized to use the system. A Privacy Act
Warning Notice appears on computer monitor screens when records
containing information on individuals are first displayed. Data
exchanged between the servers and the system is encrypted. Backup tapes
are encrypted and stored in a locked and
[[Page 75019]]
controlled room in a secure, off-site location.
Computerized records systems follow the National Institute of
Standards and Technology privacy and security standards as developed to
comply with the Privacy Act of 1974, as amended, 5 U.S.C. 552a;
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.; Federal
Information Security Modernization Act of 2014, 44 U.S.C. 3551 et seq.;
and the Federal Information Processing Standards 199: Standards for
Security Categorization of Federal Information and Information Systems.
Security controls include user identification, passwords, database
permissions, encryption, firewalls, audit logs, and network system
security monitoring, and software controls.
Access to records in the system is limited to authorized personnel
who have a need to access the records in the performance of their
official duties, and each user's access is restricted to only the
functions and data necessary to perform that person's job
responsibilities. System administrators and authorized users are
trained and required to follow established internal security protocols
and must complete all security, privacy, and records management
training and sign the DOI Rules of Behavior. Privacy Impact Assessments
were conducted 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 access to their records should send a
written inquiry to the applicable System Manager identified above. DOI
forms and instructions for submitting a Privacy Act request may be
obtained from the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must include a
general description of the records sought and the requester's full
name, current address, and sufficient identifying information such as
date of birth or other information required for verification of the
requestor's identity. The request must be signed and dated and be
either notarized or submitted under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked
``PRIVACY ACT REQUEST FOR ACCESS'' on both the envelope and letter. A
request for access must meet the requirements of 43 CFR 2.238.
CONTESTING RECORD PROCEDURES:
An individual requesting amendment of their records should send a
written request to the applicable System Manager as identified above.
DOI instructions for submitting a request for amendment of records are
available on the DOI Privacy Act Requests website at https://www.doi.gov/privacy/privacy-act-requests. The request must clearly
identify the records for which amendment is being sought, the reasons
for requesting the amendment, and the proposed amendment to the record.
The request must include the requester's full name, current address,
and sufficient identifying information such as date of birth or other
information required for verification of the requestor's identity. The
request must be signed and dated and be either notarized or submitted
under penalty of perjury in accordance with 28 U.S.C. 1746. Requests
submitted by mail must be clearly marked ``PRIVACY ACT REQUEST FOR
AMENDMENT'' on both the envelope and letter. A request for amendment
must meet the requirements of 43 CFR 2.246.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
about them should send a written inquiry to the applicable System
Manager as identified above. DOI instructions for submitting a request
for notification are available on the DOI Privacy Act Requests website
at https://www.doi.gov/privacy/privacy-act-requests. The request must
include a general description of the records and the requester's full
name, current address, and sufficient identifying information such as
date of birth or other information required for verification of the
requestor's identity. The request must be signed and dated and be
either notarized or submitted under penalty of perjury in accordance
with 28 U.S.C. 1746. Requests submitted by mail must be clearly marked
``PRIVACY ACT INQUIRY'' on both the envelope and letter. A request for
notification must meet the requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Teri Barnett,
Departmental Privacy Officer, Department of the Interior.
[FR Doc. 2023-24075 Filed 10-31-23; 8:45 am]
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