[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20944-20946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08028]
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DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-CONC-11968 PPWOBSADC0, PPMVSCS1Y.Y00000]
Privacy Act of 1974, as Amended; Notice of a New System of
Records
AGENCY: National Park Service, Interior.
ACTION: Notice of creation 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)
``Commercial Use Authorization (CUA) System--NPS-24'' system of
records. The system allows NPS employees to manage the NPS Commercial
Services Program allowing commercial uses and to monitor resources
within a unit of the National Park System. The system of records will
also allow the NPS to provide to the public the description and contact
information for businesses that provide services in national parks.
DATES: Comments must be received by May 20, 2013.
ADDRESSES: Any person interested in commenting on this notice may do so
by: submitting comments in writing to Felix Uribe, National Park
Service 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: Chief, Commercial Services Program,
NPS, 1849 C Street NW., Mail Stop 2410, Washington, DC 20240; or by
telephone at (202) 513-7156.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (DOI), National Park Service (NPS)
maintains the ``Commercial Use Authorization (CUA) System--NPS-24''
system of records. The purpose of this system is to manage the NPS
Commercial Services Program allowing commercial uses within a unit of
the National Park System, and to monitor resources that are or may be
affected by the authorized commercial uses. The system will also be
used to protect the natural and cultural resources of the national
parks, and will provide the public the description and contact
information for businesses that provide services in national parks.
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
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 from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. The Privacy Act defines an individual as a U.S. 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 NPS
``Commercial Use Authorization (CUA) System--NPS-24'' 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: March 19, 2013.
Felix Uribe,
Privacy Act Officer, National Park Service.
SYSTEM NAME:
Commercial Use Authorization (CUA) System--NPS-24.
SYSTEM LOCATION:
This system is located at the Commercial Services Program, NPS,
1201 Eye Street NW., 11th Floor, Washington, DC 20005. Records may also
be located at the NPS regional and field offices responsible for
issuing the commercial use authorization.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system include applicants of commercial
use authorizations, and holders of commercial use authorizations for
the purpose of conducting business within
[[Page 20945]]
units of the National Park System. 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 commercial use
authorization and may include name, address, telephone number, email
address, social security number, business name, service offered by
business, CUA number, employer's identification number, state business
license number, person's position title; information on a business
operated vehicle including make of vehicle, make of aircraft, make of
watercraft, model, year, tail number, length; and data describing an
event involving any conviction or fines for violations of Federal,
state, or local law including date of violation, name of business or
person charged, law or regulation violated and Federal, state, or
municipality agency that initiated the charges, and reportable
injuries; and (2) financial and operating reports on operations within
units of the National Park System containing name, address, telephone
number, internet address, and email address.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
16 U.S.C. 5966, Commercial Use Authorizations.
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 assist NPS employees in
managing the NPS Commercial Services program allowing commercial uses
within a unit of the National Park System to ensure that business
activities are conducted in a manner that complies with Federal laws
and regulations; (2) to monitor resources that are or may be affected
by the authorized commercial uses within a unit of the National Park
System; (3) to track applicants and holders of commercial use
authorizations who are planning to conduct or are conducting business
within units of the National Park System; and (4) to provide to the
public the description and contact information for businesses that
provide services in national parks. 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
(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.
(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) DOI 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 DOI
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 DOI efforts
to respond to the suspected or confirmed compromise and prevent,
minimize, or remedy such harm.
(10) 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.
(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. 3711(e)(1), have
been met.
(14) To Federal, state and local governments, tribal organizations,
and members of the general public upon request for names, addresses and
phone numbers of CUA holders conducting business within units of the
National Park System for the purpose of informing the public of the
availability of the services offered by the CUA holder.
[[Page 20946]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
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 drives,
magnetic disk, diskette, and computer tapes.
RETRIEVABILITY:
Records in this system are retrieved by various fields including
the name of CUA holder, by the service offered, CUA number or keyword
search.
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 locked file cabinets located in secured
rooms or DOI facilities.
Access to DOI networks and records in the CUA 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 DOI 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 for Commercial Visitor Services, which
has been approved by the National Archives and Records Administration
(Job No. N1-79-08-4). The disposition is temporary. Retention of
records that document substantive decisions, actions, and activities
relating to closure, concessions, fees, licensing, labor, performance,
and other commercial activities are destroyed or deleted 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:
Chief, Commercial Services Program, NPS, Department of the
Interior, 1849 C Street NW., Mail Stop 2410, 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 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
must meet the requirements of 43 CFR 2.246.
RECORD SOURCE CATEGORIES:
Records in the CUA system are obtained from (1) Applicants of CUAs;
and (2) holders of CUAs.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2013-08028 Filed 4-5-13; 8:45 am]
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