51914 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 

docket number [DOI–2021–0004]. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

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. 

FOR FURTHER INFORMATION CONTACT: (1) 

Edward Zawislak, Administrative 

Officer, National Park Service, 1100 

Ohio Drive SW, Washington DC 20242, 

edward_zawislak@nps.gov or 202–781– 

7085; (2) John Leonard, Chief, Division 

of Law Enforcement & Emergency 

Services, National Park Service, 1849 C 

Street NW, Suite 2468, Washington, DC 

20240, john_leonard@nps.gov or (202) 

513–7162; or (3) Felix Uribe, Associate 

Privacy Officer, National Park Service, 

12201 Sunrise Valley Drive, Reston, VA 

20192, nps_privacy@nps.gov or (202) 

354–6925. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the provisions of the Privacy Act of 

1974, as amended, 5 U.S.C. 552a, the 

NPS is rescinding the INTERIOR/NPS– 

19, Case Incident Reporting System, 

SORN. This system helped NPS manage 

incidents, accidents, criminal 

investigations, and support law 

enforcement activities. DOI published a 

Department-wide SORN, INTERIOR/ 

DOI–10, Incident Management, Analysis 

and Reporting System, 79 FR 31974 

(June 3, 2014), which covers all DOI 

bureau and office law enforcement 

organizations. NPS maintains all 

investigations and law enforcement 

related records under the Departmentwide SORN. Therefore, NPS is 

rescinding the SORN for INTERIOR/ 

NPS–19, Case Incident Reporting 

System, to eliminate an unnecessary 

duplicate notice in accordance with the 

Office of Management and Budget 

Circular A–108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act. 

Rescinding the INTERIOR/NPS–19, 

Case Incident Reporting System, SORN 

will have no adverse impacts on 

individuals as the records are covered 

under INTERIOR/DOI–10, Incident 

Management, Analysis and Reporting 

System. Individuals may continue to 

seek access to or correction of their 

records under the DOI–10 SORN. This 

rescindment will also promote the 

overall streamlining and management of 

DOI Privacy Act systems of records. 

This notice hereby rescinds the SORN 

for INTERIOR/NPS–19, Case Incident 

Reporting System, as identified below. 

SYSTEM NAME AND NUMBER: 

INTERIOR/NPS–19, Case Incident 

Reporting System. 

HISTORY: 

70 FR 1274 (January 6, 2005); 

modification published 73 FR 63992 

(October 28, 2008). 

Teri Barnett, 

Departmental Privacy Officer, Department of 

the Interior. 

[FR Doc. 2021–20093 Filed 9–16–21; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

[DOI–2021–0007; 212E1700D2 EECC000000 

ET1EX0000.G40000] 

Privacy Act of 1974; System of 

Records 

AGENCY: Bureau of Safety and 

Environmental Enforcement, Interior. 

ACTION: Notice of a modified system of 

records. 

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 

modify the Bureau of Safety and 

Environmental Enforcement (BSEE) 

system of records, BSEE–01, 

Investigations Case Management System 

(CMS). DOI is publishing this revised 

system of records notice to propose a 

new breach routine use; modify four 

existing routine uses; update the system 

manager address; remove references to a 

cloud system; and provide general and 

administrative updates in accordance 

with the Office of Management and 

Budget Circular (OMB) A–108, Federal 

Agency Responsibilities for Review, 

Reporting, and Publication under the 

Privacy Act. 

DATES: This modified system will be 

effective upon publication. New or 

modified routine uses will be effective 

October 18, 2021. Submit comments on 

or before October 18, 2021. 

ADDRESSES: You may send comments 

identified by docket number [DOI– 

2021–0007] by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for sending comments. 

• Email: DOI_Privacy@ios.doi.gov. 

Include docket number [DOI–2021– 

0007] 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–2021–0007]. All 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rowena Dufford, Associate Privacy 

Officer, Bureau of Safety and 

Environmental Enforcement, 45600 

Woodland Road, Sterling, VA 20166, 

privacy@bsee.gov or 703–787–1257. 

SUPPLEMENTARY INFORMATION: 

I. Background 

BSEE maintains the BSEE–01, 

Investigations Case Management System 

(CMS), system of records. The purpose 

of this system of records is to manage, 

track and report civil administrative 

investigations related to operations on 

the Outer Continental Shelf (OCS). 

BSEE conducts investigations on safety 

concerns, environmental risks and 

incidents which includes but is not 

limited to reportable injuries, the loss or 

damage of property, and possible 

violations of Federal laws and 

regulations. 

While BSEE conducts civil 

administrative investigations rather than 

criminal investigations the Bureau may 

make referrals of possible criminal 

activity to internal and external law 

enforcement organizations as 

appropriate for investigation. Records 

include known or suspected civil 

violations; information related to 

possible criminal activities; incidentrelated information and observations 

from other sources; protection efforts; 

information to justify funding requests 

and expenditures; investigator training; 

referrals and/or recommendations 

related to incident investigations; and 

evidence. 

Incident and non-incident data 

related to activity occurring on the OCS 

is collected in support of investigations, 

regulatory enforcement, homeland 

security, and security (physical, 

personnel, stability, environmental, and 

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 51915 

industrial) activities. This may include 

data documenting investigation 

activities, enforcement 

recommendations, recommendation 

results, property damage, injuries and 

fatalities, and analytical or statistical 

reports. CMS allows for BSEE 

management to make informed 

decisions on recommendations for 

enforcement, civil penalties, and other 

administrative actions. 

BSEE is publishing this notice to 

update the system manager address, 

revise the policies and practices for 

storage of records section, remove use of 

a cloud provider in the administrative, 

technical and physical safeguards 

section, and make administrative 

updates to comply with the Office of 

Management and Budget (OMB) 

Circular A–108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act. 

Additionally, BSEE is changing the 

routine uses from a numeric to an 

alphabetic list and modifying routine 

uses A, B, and I to provide additional 

clarification on external organizations or 

comply with Federal requirements. 

Routine use A was modified to further 

clarify disclosures to the Department of 

Justice or other Federal agencies when 

necessary in relation to litigation or 

judicial proceedings. Modified routine 

use B clarifies disclosures to a 

congressional office to respond to or 

resolve an individual’s request made to 

that office. Modified routine use I 

allows BSEE to share information with 

an expert, consultant, grantee, 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. BSEE is also proposing to 

modify routine use J and add new 

routine use K to allow BSEE to share 

information with appropriate Federal 

agencies or entities when reasonably 

necessary to respond to a breach of 

personally identifiable information and 

to prevent, minimize, or remedy the risk 

of harm to individuals or the Federal 

Government, or assist an agency in 

locating individuals affected by a breach 

in accordance with OMB Memorandum 

M–17–12, Preparing for and Responding 

to a Breach of Personally Identifiable 

Information. 

This system contains investigatory 

records related to law enforcement 

activities that are exempt from certain 

provisions of the Privacy Act, 5 U.S.C. 

552a(k)(2). On January 10, 2020, DOI 

published a final rule in the Federal 

Register at 85 FR 1282 to amend the 

DOI Privacy Act regulations at 43 CFR 

2.254. This allows DOI, on a case-bycase basis, to withhold records from 

individuals seeking their records. 

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 

particular 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 revised 

INTERIOR/BSEE–01, Investigations 

Case Management System, system of 

records notice 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 OMB 

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/BSEE–01, Investigations 

Case Management System (CMS). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records in this system are maintained 

and centrally managed by the 

Department of the Interior, Bureau of 

Safety and Environmental Enforcement 

(BSEE), 1849 C Street NW, Washington, 

DC 20240. Records are also located at 

BSEE regional offices and regional suboffices, and at DOI contractor locations. 

A current listing of these offices may be 

obtained by writing to the System 

Manager or by visiting the BSEE website 

at http://www.bsee.gov. 

SYSTEM MANAGER(S): 

CMS System Administrator, Bureau of 

Safety and Environmental Enforcement, 

National Investigations Program, 45600 

Woodland Rd., Mail Stop VAE–DIR– 

SIID, Sterling, VA 20166. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Outer Continental Shelf Lands Act of 

1953, 43 U.S.C. 1331–1356b; and Oil 

and Gas and Sulphur Operations in the 

Outer Continental Shelf, 30 CFR 250. 

PURPOSE(S) OF THE SYSTEM: 

The primary purpose of the CMS 

system of records is to conduct and 

document incident investigations 

related to operations on the OCS. CMS 

is used to manage known and suspected 

civil violations; capture, integrate, and 

share incident-related information and 

observations from other sources; 

measure performance of investigative 

programs and management of 

investigations; meet incident reporting 

requirements; analyze and prioritize 

investigative efforts; provide 

information to justify funding requests 

and expenditures; provide employee 

training; provide referrals to appropriate 

criminal law enforcement agencies for 

individuals suspected of committing 

crimes on or in support of activities 

conducted on the OCS; collect and 

preserve evidence; and investigate and 

prevent injuries on the OCS. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals covered in the system 

include current and former BSEE 

employees, potential employees, and 

contractors; other employees and 

contractors of Federal, tribal, state, and 

local law enforcement organizations; 

complainants, informants, suspects, and 

witnesses; members of the general 

public, including individuals and/or 

groups of individuals involved with 

incidents related to operations on the 

OCS; and individuals or corporations 

being investigated due to their 

involvement in incidents occurring on 

the OCS. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system includes incident reports, 

investigative activity reports, personnel 

records, investigative training records, 

and records related to incidents 

51916 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 

occurring on the OCS. Records may 

contain the following information: 

Names, Social Security numbers, 

gender, date of birth, place of birth, 

citizenship status, race or ethnicity, 

home and work addresses, personal and 

official phone numbers, personal and 

official email addresses, emergency 

contact information, other contact 

information, medical information, work 

history, educational history, affiliations, 

employer information, associated case 

or activity number, identification 

numbers assigned to individuals, and 

other data that may be included in 

records compiled during investigations. 

Incident reports and records may 

include attachments such as photos, 

videos, sketches, audio recordings, 

email and text messages, medical 

reports, personnel records, written 

statements, witness interviews, 

depositions, evidence and information 

obtained in the course of an 

investigation, evidence in support of the 

Action Referral Memoranda and Case 

Closure Memoranda, administrative 

agreements, action determinations, 

company documentation, and other 

documents related to incidents 

occurring on the OCS. Incident reports 

may also include information 

concerning criminal activity and 

documentation related to the response 

and outcome of an incident. Records in 

this system also contain information 

concerning Federal, tribal, state and 

local law enforcement officers such as 

an officer’s name, contact information, 

station, and career history. 

This system may also contain the 

names and addresses of 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 that is covered by this 

system of records notice. 

RECORD SOURCE CATEGORIES: 

Sources of information in the system 

include Department, bureau, office and 

program officials, employees, 

contractors, and other individuals who 

are associated with or represent DOI; 

officials from other Federal, tribal, state 

and local law enforcement 

organizations, including DOJ, the 

Federal Bureau of Investigation, and the 

Department of Homeland Security, 

among others; and complainants, 

informants, suspects, victims, and 

witnesses. 

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; 

(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, 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 

Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 51917 

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 DOJ, the Federal Bureau of 

Investigation, the Department of 

Homeland Security, and other Federal, 

state and local law enforcement 

agencies for the purpose of reporting 

possible violations of Federal laws and 

regulations, referring criminal related 

activities, and providing information 

exchange on law enforcement activity. 

P. To agency contractors, grantees, or 

volunteers for DOI or other Federal 

agencies that assist 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. 

Q. To any of the following entities or 

individuals for the purpose of providing 

information on incident investigations, 

personal injuries, or the loss or damage 

of property: 

(1) Individuals involved in such 

incidents; 

(2) Persons injured in such incidents; 

(3) Owners of property damaged, lost 

or stolen in such incidents, and/or 

representatives, administrators of 

estates, and/or attorneys. 

The release of information under 

these circumstances should only occur 

when it will not interfere with ongoing 

investigations or 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. Also, Social Security 

numbers and other sensitive identifying 

personal information should not be 

released under these circumstances 

unless this information belongs to the 

individual requestor. 

R. To any criminal, civil, or regulatory 

authority (whether Federal, 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. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Records are stored in electronic media 

and paper files. 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 and stored in locked file 

cabinets. Records obtained in a paper 

format and converted into electronic 

files in CMS may be temporarily stored 

or accessed on DOI network computers, 

email systems, and approved removable 

hard drives. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Information may be retrieved by first 

name, middle name, or last name, home 

and work addresses, personal and 

official phone numbers, personal and 

official email addresses, employer 

information, and associated case or 

activity number. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records in this system are maintained 

under BSEE Bucket 5—Regulatory 

Oversight and Stewardship (N1–473– 

12–5), which has been approved by 

NARA. Records maintained under Item 

5F(2)(a), Major Incident Investigative 

Records, include final reports that 

document major incidents requiring 

investigative panels and other reports 

selected as significant by BSEE, and 

have a permanent retention. Electronic 

records are transferred to NARA 15 

years after cut-off, and hardcopy reports 

are transferred to NARA 25 years after 

cut-off. Records maintained under Item 

5F(2)(b), All Other Incident 

Investigative and Related Records, 

include records that do not result in the 

appointment of a panel or are not 

selected as significant by BSEE. These 

records have a temporary disposition 

and are destroyed 25 years after cut-off. 

Other administrative records are 

maintained under BSEE Bucket-1, 

Administrative Records (N1–473–12– 

001), which has been approved by 

NARA. Records maintained under Item 

IG(1), Administrative Function Files/ 

Audits and Investigation Files, have a 

temporary disposition, and are cut off at 

the end of the fiscal year when activity 

is completed and destroyed 10 years 

after cut off. Approved disposition 

methods for temporary records 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 

rules and policies. During normal hours 

of operation, paper records are 

maintained in locked file 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, 5 

U.S.C. 552a; Paperwork Reduction Act 

of 1995, 44 U.S.C. 3501–3521; Federal 

Information Security Modernization Act 

of 2014, 44 U.S.C. 3551–3558; 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 contractor 

facilities with physical, technical and 

administrative levels of security to 

prevent unauthorized access to the 

network and information assets. 

Security controls include encryption, 

firewalls, audit logs, and network 

system security monitoring. 

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 such as usernames, 

passwords, database permissions and 

software controls. These security 

measures establish different access 

levels for different types of users. Each 

user’s access is restricted to only the 

functions and data necessary to perform 

their job responsibilities. 

System administrators and authorized 

users are trained and required to follow 

established internal security protocols, 

complete all security, privacy, and 

records management training, and sign 

the DOI Rules of Behavior. Contract 

employees with access to the system 

must also complete mandatory security 

and privacy training, sign DOI Rules of 

Behavior, and are monitored by their 

Contracting Officer Representative and 

the agency Security Manager. 

RECORD ACCESS PROCEDURES: 

DOI has exempted portions of this 

system from the access procedures of 

the Privacy Act pursuant to 5 U.S.C. 

552a(k)(2). DOI will make access 

determinations on a case by case basis. 

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 

51918 Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Notices 

clearly marked ‘‘PRIVACY ACT 

REQUEST FOR ACCESS.’’ A request for 

access must meet the requirements of 43 

CFR 2.238. 

CONTESTING RECORD PROCEDURES: 

DOI has exempted portions of this 

system from the amendment procedures 

of the Privacy Act pursuant to 5 U.S.C. 

552a(k)(2). DOI will make amendment 

determinations on a case by case basis. 

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. 

NOTIFICATION PROCEDURES: 

DOI has exempted portions of this 

system from the notification procedures 

of the Privacy Act pursuant to 5 U.S.C. 

552a(k)(2). DOI will make notification 

determinations on a case by case basis. 

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. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

This system contains civil and 

administrative law enforcement 

investigatory records that are exempt 

from certain provisions of the Privacy 

Act, 5 U.S.C. 552a(k)(2). Pursuant to 5 

U.S.C. 552a(k)(2) of the Privacy Act, DOI 

has exempted portions of this system 

from the following subsections of the 

Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G), 

(H) and (I), and (f). In accordance with 

5 U.S.C. 553(b), (c) and (e), DOI 

promulgated a rule, which was 

published in the Federal Register at 85 

FR 1282 (January 10, 2020), to amend 

the DOI Privacy Act regulations at 43 

CFR 2.254 to claim exemptions for this 

system. 

Additionally, the CMS may contain 

records from numerous sources 

compiled for investigatory purposes. To 

the extent that copies of records from 

other source systems of records are 

exempt from certain provisions of the 

Privacy Act, DOI claims the same 

exemptions for those records that are 

claimed for the original primary systems 

of records from which they originated. 

The exemptions from one or more 

provisions of the Privacy Act may be 

waived on a case-by-case basis where a 

release would not interfere with or 

adversely affect investigations or 

enforcement activities. 

HISTORY: 

81 FR 67386 (September 30, 2016). 

Teri Barnett, 

Departmental Privacy Officer, Department of 

the Interior. 

[FR Doc. 2021–20094 Filed 9–16–21; 8:45 am] 

BILLING CODE 4310–VH–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

United States v. Richard D. Fairbank; 

Proposed Final Judgment and 

Competitive Impact Statement 

Notice is hereby given pursuant to the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16(b)–(h), that a proposed 

Final Judgment, Stipulation, and 

Competitive Impact Statement have 

been filed with the United States 

District Court for the District of 

Columbia in United States of America v. 

Richard D. Fairbank, Civil Action 1:21– 

cv–02325. On September 2, 2021, the 

United States filed a Complaint alleging 

that Richard D. Fairbank violated the 

premerger notification and waiting 

period requirements of the Hart-ScottRodino Antitrust Improvements Act of 

1976, 15 U.S.C. 18a, in connection with 

the acquisition of voting securities of 

Capital One Financial Corporation. The 

proposed Final Judgment, filed at the 

same time as the Complaint, requires 

Richard D. Fairbank to pay a civil 

penalty of $637,950. 

Copies of the Complaint, proposed 

Final Judgment, and Competitive Impact 

Statement are available for inspection 

on the Antitrust Division’s website at 

http://www.justice.gov/atr and at the 

Office of the Clerk of the United States 

District Court for the District of 

Columbia. Copies of these materials may 

be obtained from the Antitrust Division 

upon request and payment of the 

copying fee set by Department of Justice 

regulations. 

Public comment is invited within 60 

days of the date of this notice. Such 

comments, including the name of the 

submitter, and responses thereto, will be 

posted on the Antitrust Division’s 

website, filed with the Court, and, under 

certain circumstances, published in the 

Federal Register. Comments in English 

should be directed to Maribeth Petrizzi, 

Special Attorney, United States, c/o 

Federal Trade Commission, 600 

Pennsylvania Avenue NW, CC–8416, 

Washington, DC 20580 or by email to 

bccompliance@ftc.gov. 

Suzanne Morris, 

Chief, Premerger and Division Statistics. 

United States District Court for the 

District of Columbia 

United States of America, c/o Department 

of Justice, Washington, DC 20530, Plaintiff, v. 

Richard D. Fairbank, c/o Capital One 

Financial Corporation, 1680 Capital One 

Drive, McLean, VA 22102, Defendant. 

Civil Action No. 1:21–cv–02325 

Judge: Rudolph Contreas 

Complaint for Civil Penalties for 

Failure To Comply With the Premerger 

Reporting and Waiting Requirements of 

the Hart-Scott Rodino Act 

The United States of America, acting 

under the direction of the Attorney 

General of the United States and at the 

request of the United States Federal 

Trade Commission, brings this civil 

antitrust action to obtain monetary relief 

in the form of civil penalties against 

Defendant Richard D. Fairbank 

(‘‘Fairbank’’). The United States alleges 

as follows: 

I. Nature of the Action 

1. Fairbank violated the notice and 

waiting period requirements of Section 

7A of the Clayton Act, (15 U.S.C. 18a, 

commonly known as the Hart-ScottRodino Antitrust Improvements Act of 

1976 ‘‘HSR Act’’ or ‘‘Act’’), with respect 

to the acquisition of voting securities of 

Capital One Financial Corporation 

(‘‘COF’’) in 2018. 

II. Jurisdiction and Venue 

2. This Court has jurisdiction over the 

subject matter of this action pursuant to 

Section 7A(g) of the Clayton Act, 15 

U.S.C. 18a(g), and 28 U.S.C. 1331, 

1337(a), 1345, and 1355, and over 

Defendant by virtue of Defendant’s 

consent, in the Stipulation relating 

hereto, to the maintenance of this action 

and entry of the Final Judgment in this 

District. 

3. Venue is proper in this District by 

virtue of Defendant’s consent, in the 

Stipulation relating hereto, to the 

maintenance of this action and entry of 

the Final Judgment in this District. 

III. The Defendant 

4. Defendant Fairbank is a natural 

person with his principal office and 

place of business at 1680 Capital One 

Drive, McLean, VA 22101. Fairbank is 

engaged in commerce, or in activities 

affecting commerce, within the meaning 

of Section 1 of the Clayton Act, 15 

U.S.C. 12, and Section 7A(a)(1) of the 

Clayton Act, 15 U.S.C. 18a(a)(1). At all 

times relevant to this complaint,