Privacy Act of 1974, as Amended; Amendment of a System of Records, 1274-1275 [05-290]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Notices]
[Pages 1274-1275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-290]


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DEPARTMENT OF THE INTERIOR

National Park Service


Privacy Act of 1974, as Amended; Amendment of a System of Records

AGENCY: National Park Service, Department of the Interior.

ACTION: Notice of major changes to a system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the Department of the Interior is amending a 
system of records managed by the National Park Service (NPS). The 
changes are to the system of records ``Case Incident Reporting System--
NPS-19,'' which is published in its entirety below.

DATES: 5 U.S.C. 552a(e)(11) requires that the public be provided a 30-
day period in which to comment on the agency's intended use of the 
information in the system of records. The Office of Management and 
Budget, in its Circular A-130, requires an additional 10-day period 
(for a total of 40 days) in which to make these comments. Any persons 
interested in commenting on this amended system may do so by submitting 
comments in writing to the NPS Privacy Act Officer, 1849 C Street, NW., 
(2605) Washington, DC 20240. Comments will be received within 40 days 
of publication in the Federal Register will be considered. The proposed 
system will be effective at the end of the comment period unless 
comments are received which would require a contrary determination. The 
Department will publish a revised notice if changes are made based upon 
a review of comments received.

FOR FURTHER INFORMATION CONTACT: Don Coelho, Department of the 
Interior, National Park Service, Law Enforcement and Emergency 
Services, 1201 Eye Street, NW., Washington, DC 20005, 202-513-7084.

SUPPLEMENTARY INFORMATION: When originally published in the Federal 
Register, this system of records was identified as above. With the 
publishing of this notice, the address of the System Manager has also 
been changed to reflect an organizational change within NPS. The 
Routine Use section in this notice in (1) is changed to facilitate 
processing of requests for routine law enforcement reports to the 
subject of the incident or to those representing the subject or parties 
involved in the incident. This change will help to ensure that 
information needed to process claims is processed as expeditiously as 
possible to better serve the constituents of the National Park Service. 
Slight changes to existing Routine Uses found in (2) are made to better 
clarify the instances when releases can be made to legal and law 
enforcement entities.
    A copy of the system notice for Interior/NPS-19, Case Incident 
Reporting System, is attached.

    Dated: January 3, 2005.
Diane M. Cooke,
Privacy Act Officer, National Park Service.
INTERIOR/NPS-19

System name:
    Case Incident Reporting System--National Park Service, NPS-19.

System location:
    United States Park Police, 1100 Ohio Drive, SW., Washington, DC 
20242. (2) New York Field Office, Bldg. 275, Floyd Bennet 
Field, Brooklyn, NY 11234. (3) San Francisco Field Office, Building 
201, Fort Mason, San Francisco, CA 94123. (4) National Park areas and 
Regional Offices.

Categories of individuals covered by the system:
    Individual complainants in criminal cases, witnesses, victims, 
suspicious persons, individuals investigated or arrested for criminal 
or traffic offenses, or involved in motor vehicle accidents, or certain 
types of non-criminal incidents.

Categories of records in the system:
    Name of individual, date and case number of incident, type of 
offense or incident, fingerprint information, vehicle information, and 
location of incident.

Authority for maintenance of the system:
    16 U.S.C. 1.4.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    The primary uses of the records are: (1) To identify incidents in 
which individuals were involved, (2) to retrieve the report for 
information for the individual involved, such as accident reports and 
reports of found property, (3) to aid National Park Service (NPS) Law 
enforcement officers on a need to know basis, (4) as the basis for 
criminal investigations conducted by the United States Park Police, and 
commissioned law enforcement employees, and (5) to assist local, 
Regional, and Federal law enforcement agencies working in areas 
contiguous to areas under the jurisdiction of the NPS.
    (1) Disclosure outside the Department for the purpose of providing 
information on traffic accidents, personal injuries, or the loss or 
damage of property may be made to:
    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, and/or attorneys.
    The release of information under these circumstances should only 
occur when it will not:
    a. Interfere with ongoing law enforcement proceedings;
    b. Risk the health or safety of an individual; or

[[Page 1275]]

    c. Reveal the identity of an informant or witness that has received 
an explicit assurance of confidentiality.
    Social security numbers should not be released under these 
circumstances unless the social security number belongs to the 
individual requester.
    (2) Disclosures outside the DOI may also be made:
    a. To the Department of Justice, or to a court, adjudicative or 
other administrative body, or to a party in litigation before a court 
or adjudicative or administrative body, when:
    i. One of the following is a party to the proceeding or has an 
interest in the proceeding:
    1. The Department or any component of the Department;
    2. Any Departmental employee acting in his or her official 
capacity;
    3. Any Departmental employee acting in his or her individual 
capacity where the Department or the Department of Justice has agreed 
to represent the employee; and
    ii. We deem the disclosure to be:
    1. Relevant and necessary to the proceeding; and
    2. Compatible with the purpose for which we compiled the 
information.
    b. To the appropriate Federal agency that is responsible for 
investigating, prosecuting, enforcing or implementing a statute, rule, 
regulation or order, when we become aware of an indication of a 
violation or potential violation of the statute, rule, regulation, or 
order.
    c. To a congressional office in response to a written inquiry to 
that office by the individual to whom the record pertains.

Disclosure to consumer reporting agencies:
    Disclosures 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)).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Manual records, magnetic disk, diskette, personal computers, and 
computer tapes.

Retrievability:
    Incident reports are retrievable from individual park or U.S. Park 
Police Field Offices only. No national repository exists. Manual 
reports are generally tracked by case number, date, location, type of 
offense or incident, ranger/officer name. Automated reports are 
retrievable by case number, date, time, location, types of offense or 
incident, ranger name, involved persons name(s), and vehicle data.

Safeguards:
    Maintained with safeguards meeting the requirements of 43 CFR 2.51 
for manual and automated records. Access to records in the system is 
limited to authorized personnel whose official duties require such 
access. Paper records are maintained in locked file cabinets and/or in 
secured rooms. Electronic records conform to Office of Management and 
Budget and Departmental guidelines reflecting the implementation of the 
Federal Information Security Management Act. The electronic data will 
be protected through user identification, passwords, database 
permissions and software controls. Such security measures will 
establish access levels for different types of users.

Retention and disposal:
    Records are maintained for various lengths of time, depending of 
the seriousness of the incident. Records are retired to the Federal 
Records Center or purged, depending on the nature of the document.

System manager(s) and address:
    (1) Commander, Information Management Section, U.S. Park Police, 
National Park Service, United States Department of the Interior, 
Washington, DC 20242; (2) Chief, Division of Law Enforcement & 
Emergency Services, National Park Service, United States Department of 
the Interior, Washington, DC 20005.

Record source categories:
    Incident information obtained from individual(s) on whom 
information is maintained, to include victims, complainants, witnesses, 
suspects, suspicious persons, or otherwise involved, as well as 
investigating officials.

Systems exempted from certain provisions of the Act:
    Under the general exemption authority provided by 5 U.S.C. 
552a(j)(2), the Department of the Interior has adopted a regulation, 43 
CFR 2.79(a), which exempts this system from all of the provisions of 5 
U.S.C. 552a, and the regulations in 43 CFR, part 2, subpart D, except 
subsections (b), (c), and (1), and (2), (e)(4)(A) through (F), (e)(6), 
(7), (9), (10), and (11), and (i) of 5 U.S.C. 552a and the portions of 
the regulations in 43 CFR part 2, subpart D implementing these 
subsections. The reasons for adoption of this regulation are set out at 
40 FR 37217 (August 26, 1975).

[FR Doc. 05-290 Filed 1-5-05; 8:45 am]
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