24982 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices 

States v. James Y. Saporito, D.J. Ref. 90– 

11–3–08304/1. 

The Consent Decree may be examined 

at the U.S. EPA Region 5, 77 W. Jackson 

Blvd., Chicago, IL 60604. During the 

public comment period, the Consent 

Decree may also be examined on the 

following Department of Justice Web 

site, http://www.usdoj.gov/enrd/ 

Consent_ Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

U.S. Department of Justice, P.O. Box 

7611, Washington, DC 20044–7611 or by 

faxing or emailing a request to ‘‘Consent 

Decree Copy’’ 

(EESCDCopy.ENRD@usdoj.gov), fax 

number (202) 514–0097, phone 

confirmation number (202) 514–5271. If 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $7.00 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by email or fax, 

forward a check in that amount to the 

Consent Decree Library at the address 

given above. 

Karen Dworkin, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division, United States Department of Justice. 

[FR Doc. 2012–10024 Filed 4–25–12; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

[CPCLO Order No. 007–2012] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Bureau of Prisons, 

Department of Justice. 

ACTION: Modified System of Records. 

SUMMARY: Pursuant to the Privacy Act of 

1974 (5 U.S.C. 552a), notice is given that 

the Federal Bureau of Prisons (Bureau) 

proposes to modify in part its system of 

records entitled ‘‘Inmate Central 

Records System, JUSTICE/BOP–005.’’ 

The system notice, which was last 

published in the Federal Register on 

May 9, 2002 (67 FR 31371), and 

modified on January 25, 2007 (72 FR 

3410), is now being modified by the 

Bureau for the reasons set forth below, 

as well as to reflect the overall 

modernization and technological 

changes of the Bureau’s electronic 

information systems, such as SENTRY 

and BOPWARE, that maintain its inmate 

central records. 

The Bureau is making the following 

modifications: 

The Bureau clarifies in the ‘‘System 

Location’’ section that the records 

contained in this system may be located 

at any authorized Department of Justice 

location, in addition to the Central 

Office, Regional Offices, any of the 

Federal Bureau of Prisons and/or 

contractor-operated correctional 

facilities. This clarification is made to 

describe accurately where records from 

this system are located, and to reflect 

that the Bureau may store records at 

other locations, such as other Bureau 

administrative offices, or at any 

authorized Department of Justice 

locations. 

The Bureau alters the ‘‘Categories of 

Individuals Covered by the System’’ to 

include individuals who may be 

committed to the custody of the 

Attorney General and/or the Director of 

the Bureau of Prisons, including those 

individuals under custody for criminal 

and civil commitments. 

The Bureau is modifying and/or 

adding to the ‘‘Routine Use’’ section of 

the notice as follows: 

The Bureau makes a minor 

amendment to more accurately cite a 

statutory reference in routine use (i), 

which allows for disclosure to the 

United States Department of Veterans 

Affairs (VA), pursuant to 38 U.S.C. 

5106, Public Law 94–432, for the 

purpose of matching the data against VA 

records to determine the eligibility of 

Bureau inmates to receive veterans’ 

benefits. The incorrect citation to Public 

Law 96–385 is removed. 

The Bureau adds a routine use to 

clarify Bureau practice in keeping the 

public informed: Routine use (r) 

explains that information that is 

available as a general public record may 

be disclosed from this system of records, 

including information such as name, 

offense, sentence data, current and past 

institution confinements, and release 

date to the extent that it does not cause 

an unwarranted invasion of personal 

privacy. This routine use is needed in 

order to allow the release of information 

that is available as a general public 

record to members of the public via the 

Bureau’s public Web site or via 

telephone. 

The Bureau adds a routine use: 

Routine use (s), which permits 

disclosures required by statute or treaty. 

The Bureau adds a routine use: 

Routine use (t), which permits 

disclosures to federal, state or 

community health care agencies and 

professionals, including physicians, 

psychiatrists, psychologists, and state 

and federal medical facility personnel, 

who are providing treatment for a preexisting condition to former federal 

inmates, and to federal, state, or local 

health care agencies and professionals 

for the purpose of securing medical or 

mental health after-care for current 

federal inmates. This routine use is 

needed to permit sharing of information 

to these entities in order to ensure 

continuity of inmate medical care. 

The Bureau adds a routine use: 

Routine use (u) will permit disclosures 

to the Department of State (DOS), for the 

purposes of matching the data against 

DOS records for detection/prevention of 

criminal activity under 18 U.S.C. 1544. 

This routine use was requested by the 

Department of State in furtherance of 

their mission and to ensure that inmate 

identities are not fraudulently 

misappropriated for criminal/ 

unauthorized passport use. 

The Bureau makes a slight change in 

the ‘‘Safeguards’’ section to clarify that 

only those authorized Department of 

Justice personnel who require access to 

perform their official duties may access 

the system equipment and the 

information in the system. Previously, 

this section referred to only Bureau 

staff. The Bureau makes this change to 

accurately reflect that this system is 

accessed by other authorized 

Department of Justice personnel. 

The Bureau is adding a security 

classification of ‘‘Unclassified.’’ 

The Bureau clarifies the section 

‘‘Policies and Practices for Storing, 

Retrieving, Accessing, Retaining, and 

Disposing of Records in the System: 

Storage’’ to account for changes in 

terminology and updated technology. 

Specifically, BOP changes ‘‘stored in 

electronic media’’ to ‘‘stored 

electronically,’’ ‘‘client/server’’ to 

‘‘servers,’’ and ‘‘magnetic tapes and/or 

optical disks’’ to ‘‘tape backup systems.’’ 

BOP further clarifies that documentary 

(physical, ‘‘hard copies,’’ paper, etc.) 

records are maintained in the same 

method as information maintained in 

the system or in manual file folders, but 

that some older records are maintained 

on microfilm, microfiche, and/or index 

card files. 

The Bureau is proposing to exempt 

this system of records from certain 

provisions of the Privacy Act pursuant 

to 5 U.S.C. 552a(j) and (k). Although this 

system of records was previously 

exempt from certain provisions of the 

Privacy Act pursuant to 5 U.S.C. 

552a(j)(2), the Bureau is seeking 

additional exemptions pursuant to 5 

U.S.C. 552a(j)(2) and adding exemptions 

pursuant to 5 U.S.C. 552a(k). 

DATES: In accordance with 5 U.S.C. 

552a(e)(4) and (11), the public is given 

a 30-day period in which to comment. 

Therefore, please submit any comments 

by May 29, 2012. 

ADDRESSES: The public, Office of 

Management and Budget (OMB), and 

Congress are invited to submit 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices 24983 

comments to the Department of Justice, 

ATTN: Privacy Analyst, Office of 

Privacy and Civil Liberties, National 

Place Building, 1331 Pennsylvania 

Avenue NW., Suite 1000, Washington, 

DC 20530–0001, or by facsimile at 202– 

307–0693. 

FOR FURTHER INFORMATION CONTACT: C. 

Darnell Stroble, Attorney Advisor, 

Federal Bureau of Prisons, 202–514– 

9180. 

In accordance with 5 U.S.C. 552a(r), 

the Department has provided a report to 

OMB and Congress on the modified 

system of records. 

Dated: April 5, 2012. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer, 

United States Department of Justice. 

JUSTICE/BOP–005 

SYSTEM NAME: 

Inmate Central Records System. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records may be retained at any 

Department of Justice authorized 

location, including the Central Office, 

Regional Offices, any of the Federal 

Bureau of Prisons (Bureau) and/or any 

contractor-operated correctional 

facilities. A list of Bureau locations may 

be found at 28 CFR part 503 and on the 

Internet at http://www.bop.gov. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals currently or formerly 

under the custody of the Attorney 

General and/or the Director of the 

Bureau of Prisons, including those 

individuals under custody for criminal 

and civil commitments. 

* * * * * 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Relevant data from this system may be 

disclosed as follows: 

* * * * * 

(i) To the United States Department of 

Veterans Affairs (VA), pursuant to 38 

U.S.C. 5106, Public Law 94–432, for the 

purpose of matching the data against VA 

records to determine the eligibility of 

Bureau inmates to receive veterans’ 

benefits; the VA is to erase the Bureau 

data after the match has been made; 

* * * * * 

(r) To the news media and the public, 

including disclosures of matters solely 

of general public record, including 

name, offense, sentence data, current 

and past institution confinements, and 

release date, unless it is determined that 

release of the specific information 

would constitute an unwarranted 

invasion of personal privacy; 

(s) To such recipients and under such 

circumstances and procedures as are 

mandated by federal statute or treaty; 

(t) To federal, state or community 

health care agencies and professionals, 

including physicians, psychiatrists, 

psychologists, and state and federal 

medical facility personnel, who are 

providing treatment for a pre-existing 

condition to former federal inmates, and 

to federal, state, or local health care 

agencies and professionals for the 

purpose of securing medical or mental 

health after-care for current federal 

inmates. 

(u) To the Department of State (DOS), 

for the purpose of matching the data 

against DOS records for detection/ 

prevention of criminal activity under 18 

U.S.C. 1544. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information maintained in the system 

is stored electronically in Bureau 

facilities via a configuration of personal 

computers, servers, and mainframe 

systems architecture. Computerized 

records are maintained on hard disks, 

Compact Discs (CDs), storage area 

networks, or tape backup systems. 

Documentary (physical, ‘‘hard copies,’’ 

paper, etc.) records are maintained in 

manual file folders or electronically as 

described above. Some older records are 

maintained on microfilm, microfiche, 

and/or index card files. 

* * * * * 

SAFEGUARDS: 

Information is safeguarded in 

accordance with Bureau rules and 

policy governing automated information 

systems security and access. These 

safeguards include the maintenance of 

records and technical equipment in 

restricted areas, and the required use of 

proper passwords and user 

identification codes to access the 

system. Only those authorized DOJ 

personnel who require access to perform 

their official duties may access the 

system equipment and the information 

in the system. 

* * * * * 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Attorney General has exempted 

this system from subsections (c)(3) and 

(4); (d); (e)(1), (2), (3), (4)(G), (H), and (I), 

(5), (8); (f); and (g) of the Privacy Act 

pursuant to 5 U.S.C. 552a(j). The 

Attorney General has also exempted this 

system from subsections (c)(3); (d); 

(e)(1), (e)(4)(G), (H), and (I); and (f) of 

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

552a(k)(2). Rules have been 

promulgated in accordance with the 

requirements of 5 U.S.C. 553(b), (c) and 

(e) and published in today’s Federal 

Register. 

[FR Doc. 2012–9777 Filed 4–25–12; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Application Penick 

Corporation 

This is notice that on March 1, 2012, 

Penick Corporation, 33 Industrial Park 

Road, Pennsville, New Jersey 08070, 

made application by renewal to the 

Drug Enforcement Administration 

(DEA) for registration as an importer of 

the following basic classes of controlled 

substances: 

Drug Schedule 

Coca Leaves (9040) ..................... II 

Raw Opium (9600) ....................... II 

Poppy Straw (9650) ..................... II 

Concentrate of Poppy Straw 

(9670).

II 

The company plans to import the 

listed controlled substances to 

manufacture bulk controlled substance 

intermediates for sale to its customers. 

Comments and requests for hearings 

on applications to import narcotic raw 

material are not appropriate. 72 FR 

3417(2007). 

As noted in a previous notice 

published in the Federal Register on 

September 23, 1975, 40 FR 43745, all 

applicants for registration to import a 

basic class of any controlled substance 

in schedule I or II are, and will continue 

to be, required to demonstrate to the 

Deputy Assistant Administrator, Office 

of Diversion Control, Drug Enforcement 

Administration, that the requirements 

for such registration pursuant to 21 

U.S.C. 958(a); 21 U.S.C. 823(a); and 21 

CFR 1301.34(b), (c), (d), (e), and (f) are 

satisfied. 

Dated: April 17, 2012. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. 2012–10039 Filed 4–25–12; 8:45 am] 

BILLING CODE 4410–09–P 


tkelley on DSK3SPTVN1PROD with NOTICES