30514 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices

advised that information on this matter

can be obtained by contacting the

Commission’s TDD terminal on 202–

205–1810. Persons with mobility

impairments who will need special

assistance in gaining access to the

Commission should contact the Office

of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

accessing its internet server (http://

www.usitc.gov).

FOR FURTHER INFORMATION CONTACT:

Jeffrey R. Whieldon, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission,

telephone 202–205–2580.

Authority: The authority for institution of

this investigation is contained in section 337

of the Tariff Act of 1930, as amended, and

in section 210.10 of the Commission’s Rules

of Practice and Procedure, 19 CFR § 210.10

(1997).

Scope of Investigation: Having

considered the complaint, the U.S.

International Trade Commission, on

May 29, 1998, Ordered That—

(1) Pursuant to subsection (b) of

section 337 of the Tariff Act of 1930, as

amended, an investigation be instituted

to determine whether there is a

violation of subsection (a)(1)(B) of

section 337 in the importation into the

United States, the sale for importation,

or the sale within the United States after

importation of certain organic

photoconductor drums or products

containing the same by reason of

infringement of claim 1 of U.S. Letters

Patent 4,680,246 or claims 1, 2, 3, 5, or

7 of U.S. Letters Patent 4,396,696, and

whether there exists an industry in the

United States as required by subsection

(a)(2) of section 337.

(2) For the purpose of the

investigation so instituted, the following

are hereby named as parties upon which

this notice of investigation shall be

served:

(a) The complainants are—

Mitsubishi Chemical Corporation 5–2,

Marunouchi, 2-chome, Chiyoda-ku,

Tokyo 100 Japan

Mitsubishi Chemical America, Inc., One

North Lexington Avenue, White

Plains, New York 10601

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint is to be served:

AEG Elektrofotografie GmbH, EmilSiepmann-Strasse 40, D–59581

Warstein, Germany

AEG Photoconductor Corp., 27 Kiesland

Court, Hamilton, Ohio 45015–1375

Dainippon Ink & Chemicals, Inc., DIC

Building 3–7–20, Nihonbashi, Chuoku, Tokyo 103, Japan

DIC Trading (USA), Inc., 222 Bridge

Plaza South, Fort Lee, New Jersey

07024

Fuji Electric Co., Ltd., Shinjuku Koyama

Bldg., 30–3, Yoyogi 4-chome,

Shibuya-ku, Tokyo 151, Japan

Fuji Denki, Hong Kong Fuji Denki Plant

8 Dai Fu Street Tai Po, Industrial

Estate N.T. Hong Kong

U.S. Fuji Electric, Inc., 240 Circle Drive

North, Piscataway, New Jersey 08854

Shindengen Electric Manufacturing Co.,

Ltd., Ikebukuro Bldg., 13–23, 1-

chome, Minami-Ikebukuro, Toshimaku, Tokyo 171, Japan

Lumphun Shindengen Co., Ltd.,

Northern Region Industrial Estate, 105

M00 4 Bangland, Muang, Lumphun

51000 Thailand

Shindengen America, Inc., 2649

Townsgate Road, Suite 200, Westlake

Village, California 91361

Sinonar Corp., 8 Prosperity Road 1,

Science-Based Industrial Park,

Hsinchu, Taiwan

Yamanashi Electronics Co., Ltd., 1014,

Miyaharacho, Kofu, YMA 400 Japan

(c) Jeffrey R. Whieldon, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, S.W., Room 401–H, Washington,

D.C. 20436, shall be the Commission

investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Sidney Harris is

designated as the presiding

administrative law judge.

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with section 210.13 of the

Commission’s Rules of Practice and

Procedure, 19 C.F.R. § 210.13. Pursuant

to 19 C.F.R. §§ 201.16(d) and 210.13(a)

of the Commission’s Rules, such

responses will be considered by the

Commission if received not later than 20

days after the date of service by the

Commission of the complaint and the

notice of investigation. Extensions of

time for submitting responses to the

complaint will not be granted unless

good cause therefor is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: May 29, 1998.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–14865 Filed 6–3–98; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

President’s Advisory Board on Race

ACTION: President’s Advisory Board on

Race; Notice of meeting.

SUMMARY: The President’s Advisory

Board on Race will meet on June 18,

1998 at the White House Conference

Center, 726 Jackson Place, NW,

Washington, DC. The Advisory Board

will meet from 9:30 a.m. until

approximately 12:00 p.m. to discuss and

analyze information that has been

gathered during the course of the year.

The public is welcome to attend the

Advisory Board meeting on a first-come,

first-seated basis. Members of the public

may also submit to the contact person,

any time before or after the meeting,

written statements to the Board. Written

comments may be submitted by mail,

telegram, facsimile, or electronic mail,

and should contain the writer’s name,

address and commercial, government, or

organizational affiliation, if any. The

address of the President’s Initiative on

Race is 725 17th Street, NW,

Washington, DC 20503. The electronic

mail address is http://

www.whitehouse.gov/Initiatives/

OneAmerica.

FOR FURTHER INFORMATION CONTACT:

Comments or questions regarding this

meeting may be directed to Randy D.

Ayers, (202) 395–1010, or via facsimile,

(202) 395–1020.

Dated: June 1, 1998.

Randy D. Ayers,

Executive Officer.

[FR Doc. 98–14896 Filed 6–3–98; 8:45 am]

BILLING CODE 4410–13–M

DEPARTMENT OF JUSTICE

[AAG/A Order No. 151–98]

Privacy Act of 1974; Notice of New

System of Records

Pursuant to the provisions of the

Privacy Act of 1974 (5 U.S.C. 552a),

notice is hereby given that the

Department of Justice proposes to

establish a new system of records to be
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices 30515

maintained by the Federal Bureau of

Investigation (FBI).

The National Instant Criminal

Background Check System (NICS)

JUSTICE/FBI–018, is a new system of

records for which no public notice

consistent with the provision of 5 U.S.C.

552a(e)(4) and (11) has been published.

In the rules section of today’s Federal

Register, the Department of Justice

provides a proposed rule exempting the

NICS from certain provisions of the

Privacy Act, as well as proposed rules

to establish policies and procedures for

operating the system, ensuring the

privacy and security of the NICS, and

implementing its alternative access and

appeal provisions.

In accordance with 5 U.S.C. 552a(e)(4)

and (11), the public is given a 30-day

period in which to comment on the new

routine uses; the Office of Management

and Budget (OMB), which has oversight

responsibility under the Act, requires a

40-day period in which to conclude its

review of the system. Therefore, please

submit any comments by July 6, 1998.

The public, OMB, and the Congress are

invited to submit any comments to

Patricia E. Neely, Program Analyst,

Information Management and Security

Staff, Justice Management Division,

Department of Justice, Washington, DC

20530 (Room 850, WCTR Building).

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

the Department has provided a report to

OMB and the Congress.

Dated: May 7, 1998.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

JUSTICE/FBI–018

SYSTEM NAME:

National Instant Criminal Background

Check System (NICS).

SYSTEM LOCATION:

Federal Bureau of Investigation, 1000

Custer Hollow Road, Clarksburg, West

Virginia 26306.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

The categories of individuals covered

by the system include any person who:

A. Is under indictment for, or has

been convicted in any court of, a crime

punishable by imprisonment for a term

exceeding one year;

B. Is a fugitive from justice;

C. Is an unlawful user of or addicted

to any controlled substance;

D. Has been adjudicated as a mental

defective or has been committed to a

mental institution;

E. Is an alien who is illegally or

unlawfully in the United States;

F. Has been discharged from the

Armed Forces under dishonorable

conditions;

G. Having been a citizen of the United

States, has renounced such citizenship;

H. Is subject to a court order that

restrains the person from harassing,

stalking, or threatening an intimate

partner or child of such intimate partner

(issued after a hearing of which actual

notice was received);

I. Has been convicted in any court of

a misdemeanor crime of domestic

violence (involving the use or attempted

use of physical force committed by a

current or former spouse, parent, or

guardian of the victim or by a person

with a similar relationship with the

victim);

J. Is otherwise disqualified from

possessing a firearm under State law;

K. Is a Federal firearms licensee (FFL),

i.e., a person licensed by the Bureau of

Alcohol, Tobacco and Firearms (ATF),

United States Department of Treasury,

as a manufacturer, dealer, or importer of

firearms, and authorized by the FBI to

request NICS background checks; or

L. Has applied for the purchase of a

firearm or a firearms-related permit or

license and has had his or her name

forwarded to the NICS as part of a

request for a NICS background check.

(Identifying information about this

category of individual is maintained for

system administration and security

purposes only in the ‘‘NICS Audit Log,’’

a system transaction log described

below under the headings

‘‘CATEGORIES OF RECORDS IN THE

SYSTEM’’ AND ‘‘RETENTION AND

DISPOSAL.’’ In cases where the NICS

background check does not locate a

disqualifying record, information about

the individual will only be retained

temporarily for audit purposes and will

be destroyed after eighteen months. The

system will not contain any details

about the type of firearm which is the

subject of the proposed transfer (other

than the fact that it is a handgun or a

long gun) or whether a sale or transfer

of a firearm has actually taken place.)

CATEGORIES OF RECORDS IN THE SYSTEM:

The ‘‘NICS Index’’ is the only

database maintained by the FBI which

was created specifically for the NICS.

The NICS Index contains records

obtained by the Attorney General from

Federal agencies or States on

individuals who fall into the categories

of individuals listed above under the

hearing ‘‘CATEGORIES OF

INDIVIDUALS COVERED BY THE

SYSTEM,’’ C through G. These records

contain an individual’s name; sex; race;

complete date of birth; state of

residence; sometimes a unique

identifying number, such as a Social

Security number (but NICS does not

require it to be furnished), a military

number, or a number assigned by

Federal, State, or local law enforcement

authorities.

The ‘‘NICS Audit Log’’ is a

chronological record of system

(computer) activities that enables the

reconstruction and examination of a

sequence of events and/or changes in an

event related to the NICS. With regard

to a specific NICS transaction, the audit

log will include: the name and other

identifying information about the

prospective purchaser; the type of

transaction (inquiry or response); line

number; time; date of inquiry; header;

message key; Originating Agency

Identifier; and inquiry/response data,

such as a NICS Transaction Number (a

unique number assigned to each valid

background request inquiry) and

information found by the NICS search.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

(1) 18 U.S.C. 922, as amended by the

Brady Handgun Violence Prevention

Act (the ‘‘Brady Act’’) (Pub. L. 103–159,

Nov. 30, 1993); (2) 28 U.S.C. 534, as

amended (Pub. L. 103–322, Title IV,

4060(a), Sep. 13, 1994, 105 Stat. 1950).

PURPOSE(S):

The purpose of the NICS, which was

established pursuant to the Brady Act,

is to provide a means of checking

available information to determine

whether there is reasonable cause to

believe that a person is disqualified

from possessing a firearm under Federal

or State law.

Prior to the transfer of a firearm, a

prospective purchaser, not licensed

under 18 U.S.C. 923, must obtain a

firearms transaction form from an FFL

and provide the information required by

the ATF. The firearms transaction form

is returned to the FFL, who is required

by the Brady Act to contact the NICS

and furnish the name and certain other

identifying data provided by the

purchaser. NICS conducts a search

which compares the information about

the purchaser with information in or

available to NICS.

State and local law enforcement

agencies serve as Points of Contact

(POCs) for the NICS. Where there is no

POC, the FBI’s NICS Operations Center

serves in its place. The POC (or the

NICS Operations Center) receives

inquiries from FFLs, initiates NICS

background searches, may check

available state and local record systems,

determines whether matching records

provide reason to believe that an

individual is disqualified from

possessing a firearm under Federal or
30516 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices

State law, and responds back to the

FFLs.

In addition to a review of the NICS

Index, a NICS search includes a review

of the pre-existing, separately-managed

FBI criminal history databases of the

National Crime Information Center

(NCIC)(JUSTICE/FBI–001), including

the Interstate Identification Index (III)

portion of NCIC, to the extent such

searches are possible with the available

information. NCIC and III are

cooperative Federal-State programs for

the exchange of criminal history record

and other information among criminal

justice agencies to locate wanted and

missing persons and for other

identification purposes. The search

conducted of the NCIC and III, in

conjunction with the search of the NICS

Index, attempts to locate only

information indicating that an

individual firearm purchaser is identical

to an individual in one or more of

categories A through J listed above

under the heading CATEGORIES OF

INDIVIDUALS IN THE SYSTEM, with the

search of NCIC and III specifically

directed towards locating information

that an individual is within categories

A, B, H, and I.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

A. Limited information may be

provided by a Point of Contact or the

NICS Operations Center to an FFL who

has contacted the NICS concerning a

prospective firearm purchaser. If a

matching record found by the NICS

provides reasonable cause to believe

that the prospective purchaser is

disqualified from possessing a firearm

under Federal or State law, the FFL will

be notified only that the application is

‘‘denied,’’ with none of the underlying

information provided. If additional

record analysis is required by the NICS

representative, the response may read

‘‘delayed.’’ If no disqualifying record is

located by the NICS, the FFL will be

told to ‘‘proceed.’’ A unique

identification number will be provided

to the FFL for all responses received

from the NICS, which number shall be

recorded on the firearms transaction

form.

B. Information in the NICS may be

provided through the NCIC lines to

Federal criminal justice agencies,

criminal justice agencies in the fifty

States, the District of Columbia, Puerto

Rico, U.S. Possessions, and U.S.

Territories, including Points of Contact

and contributors of information in the

NICS Index, to enable them to

determine whether the transfer of a

firearm to any person not licensed

under 18 U.S.C. 923 would be in

violation of Federal or State law;

whether the issuance of a license or

permit for the possession or sale of a

firearm or firearms would be in

violation of Federal or State law or

regulation; whether appeals from

denials should be granted or denied;

and whether to add to, delete from,

revise, or update information previously

provided by the contributor.

C. If, during the course of any activity

or operation of the system authorized by

the regulations governing the system (28

CFR, part 25, subpart A), any record is

found by the system which indicates,

either on its face or in conjunction with

other information, a violation or

potential violation of law (whether

criminal or civil) and/or regulation, or a

violation or potential violation of a

contract, the pertinent record may be

disclosed to the appropriate agency/

organization/task force (whether

Federal, State, local, joint, or tribal) and/

or to the appropriate foreign or

international agency/organization

charged with the responsibility of

investigating, prosecuting, and/or

enforcing such law, regulation, or

contract, e.g., disclosure of information

from the system to the ATF, United

States Department of Treasury,

regarding violations or potential

violations of 18 U.S.C. 922(a)(6).

D. System records may be disclosed to

contractors, grantees, experts,

consultants, volunteers, detailees, and

other non-FBI employees performing or

working on a contract, service, grant,

cooperative agreement, or job for the

Federal Government when necessary to

accomplish an agency function related

to this system of records and under

requirements (including Privacy Act

requirements) specified by the FBI.

E. System records may be disclosed to

the news media or members of the

general public or to a victim or potential

victim in furtherance of a legitimate law

enforcement or public safety function,

e.g., to assist in locating fugitives; to

provide notification of arrests; to

provide alerts, assessments, or similar

information on potential threats to life,

health, or property; or to keep the public

appropriately informed of other law

enforcement or FBI matters of legitimate

public interest in accordance with 28

CFR 50.2. System records may also be

disclosed to the news media or general

public in other situations of legitimate

public interest where disclosure would

not constitute a clearly unwarranted

invasion of personal privacy.

F. Where the disclosure of system

records has been determined by the FBI

to be reasonable and necessary to

resolve a matter in litigation or in

anticipation thereof, such records may

be disclosed to a court or adjudicative

body, before which the FBI is

authorized to appear, when: (a) The FBI

or any FBI employee in his or her

official capacity; (b) any FBI employee

in his or her individual capacity where

the Department of Justice has agreed to

represent the employee; or (c) the

United States, where the FBI determines

it is likely to be affected by the

litigation, is or could be a party to the

litigation, or has an official interest in

the litigation.

G. System records may be made

available to a Member of Congress or

staff acting on the Member’s behalf

when the Member or staff requests the

information on behalf and at the written

request of the individual who is the

subject of the record.

H. System records may be disclosed to

the National Archives and Records

Administration for records management

inspections and such other purposes

conducted under the authority of 44

U.S.C. 2904 and 2906.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored electronically for

use in a computer environment in areas

safe from access by unauthorized

persons or exposure to environmental

hazards. In general, the security policy

for the NCIC (JUSTICE/FBI–001) is

followed.

RETRIEVABILITY:

Records are retrieved by name, sex,

race, date of birth, state of residence, the

NICS Transaction Number, FFL number,

and, in some instances, unique numeric

identifier, e.g., a Social Security number

or a military identification number. (A

Social Security number is not required

by the NICS.)

SAFEGUARDS:

Records searched by the NICS are

located in secure government buildings

with limited physical access. Access to

the results of a NICS record search is

further restricted to authorized

employees of Federal, State, and local

law enforcement agencies who make

inquiries by use of identification

numbers and passwords.

When a Federal, State, or local agency

places information in the NICS Index, it

uses its agency identifier and a unique

agency record identifier for each record

provided to the NICS. Federal, State, or

local agencies can modify or cancel only

the data that they have provided to

NICS Index.
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices 30517

RETENTION AND DISPOSAL:

Information provided by other Federal

agencies or State or local governments

will be maintained in the NICS Index

unless updated or deleted by the

agency/government which contributed

the data.

The FBI will maintain an Audit Log

of all NICS transactions. Firearms

transaction approvals will be

maintained for eighteen months. The

NICS Transaction Number (the unique

number assigned to the NICS

transaction) and the date on which it

was assigned will be maintained

indefinitely. Information related to

firearms transfer denials will be retained

for 10 years and then disposed of as

directed by the National Achives and

Record Administration.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Federal Bureau of

Investigation, J. Edgar Hoover FBI

Building, 935 Pennsylvania Avenue,

NW, Washington, DC 20535–0001.

NOTIFICATION PROCEDURES:

This system of records has been

exempted from the notification

procedures of subsections (d) and

(e)(4)(G), to the extend permitted by

subsections (j)(2),(k)(2), and (k)(3) of the

Privacy Act. Requests for notification

should be addressed to the Systems

Manager. Requirements for a request are

the same as set forth below under the

heading ‘‘RECORD ACCESS

PROCEDURES.’’

RECORD ACCESS PROCEDURES:

This system of records has been

exempted from the access procedures of

subsections (d) and (e)(4)(H) to the

extend permitted by subsections

(j)(2),(k)(2), and (k)(3) of the Privacy Act.

A request for access to a non-exempt

record from the system should be

addressed to the System Manager, shall

be made in writing, and should have the

envelope and the letter marked ‘‘Privacy

Act Request.’’ The request must include

the full name, complete address, date of

birth, and place of birth of the requester.

The requester must sign the request;

and, to verify it, the signature must be

notarized or submitted under 28 U.S.C.

1746, a law that permits statements to

be made under penalty of perjury as a

substitute for notarization.

Alternative procedures are available

to a person who has been denied the

purchase of, or permit for, a firearm

because of information in the NICS. The

procedures provide for an appeal of a

denial and a method to seek the

correction of erroneous data searched by

or maintained in the system. The

alternative procedures can be found at

28 CFR, Part 25, Subpart A.

CONTESTING RECORD PROCEDURES:

This system of records has been

exempted from the contest and

amendment procedures of subsections

(d) and (e)(4)(H) to the extent permitted

by subsections (j)(2),(k)(2), and (k)(3) of

the Privacy Act. Requests should be

addressed to the System Manager and

should clearly and concisely describe

the precise information being contested,

the reasons for contesting it, and the

proposed amendment or correction

proposed to the information. In

addition, as described above under

‘‘RECORD ACCESS PROCEDURES,’’ an

alternative procedure is available to a

person who has been denied the

purchase of, or permit for, a firearm

because of information in the NICS, by

which the individual may seek the

correction of erroneous data in the

system. The procedures are further

described at 28 CFR, part 25, subpart A.

RECORD SOURCE CATEGORIES:

Information contained in the NICS is

obtained from local, State, Federal, and

international records.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

The Attorney General has exempted

this system from subsections (c)(3) and

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

(H); (e)(5) and (8); and (g) of the Privacy

Act, pursuant to 5 U.S.C. 552a(j)(2). In

addition, the Attorney General has

exempted his system from subsections

(c)(3), (d), (e)(1), and (e)(4)(G) and (H) of

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

552a (k)(2) and (k)(3). Rules have been

promulgated in accordance with the

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

(e), and have been published in the

Federal Register.

[FR Doc. 98–14797 Filed 6–3–98; 8:45 am]

BILLING CODE 4410–12–M

MERIT SYSTEMS PROTECTION

BOARD

Agency Information Collection

Activities Under OMB Review

AGENCY: Merit Systems Protection Board

(MSPB).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

the Merit Systems Protection Board’s

request for a second one-year extension

of approval of its optional appeal form,

Optional Form 283 (Rev. 10/94) has

been forwarded to the Office of

Management and Budget (OMB) for

review and comment. The appeal form

is currently displayed in 5 CFR Part

1201, Appendix I, and on the MSPB

Web Page at http://www.mspb.gov/

merit009.html.

In this regard, the Board is inviting

comments on the public reporting

burden. The reporting burden for the

collection of information on this form is

estimated to vary from 20 minutes to

one hour per response, with an average

of 30 minutes, including time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information.

ESTIMATED ANNUAL REPORTING BURDEN

5 CFR section

Annual number of respondents

Frequency per

response

Total annual

responses

Hours per response (average)

Total hours

1201 and 1209 ...................................................................... 9,000 1 9,000 .5 4,500

Send comments regarding the burden

estimate, or any other aspect of the

information collection, including

suggestions for reducing the burden to

the address shown below. Please refer to

OMB Control No. 3124–0009 in any

correspondence.

DATES: Comments must be received on

or before July 6, 1998.

ADDRESSES: Copies of the appeal form

may be obtained from Arlin

Winefordner, Merit Systems Protection

Board, 1120 Vermont Ave., NW.,

Washington, DC 20419 or by calling

(202) 653–7200. Comments concerning

the paperwork burden should also be

addressed to Mr. Winefordner and to

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention; Desk Officer for