30430 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

PART 16—[AMENDED]

1. The authority for part 16 continues

to read as follows:

Authority: 5. U.S.C. 301, 552, 552a,

552b(g), 553; 18 U.S.C. 4203 (a)(1); 28 U.S.C.

509, 510, 534; 31 U.S.C. 3717, 9701.

2. It is proposed that 28 CFR 16.96 be

amended by adding paragraphs (p) and

(q) to read as follows:

§ 16.96 Exemption of Federal Bureau of

Investigation (FBI) Systems—limited

access.

* * * * *

(p) The National Instant Criminal

Background Check System (NICS),

(JUSTICE/FBI–018), a Privacy Act

system of records, is exempt:

(1) Pursuant to 5 U.S.C. 552a(j)(2),

from subsections (c) (3) and (4); (d); (e)

(1), (2), (3); (e)(4) (G) and (H); (e) (5) and

(8); and (g); and

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

and (3), from subsections (c) (3), (d), (e)

(1), and (e)(4) (G) and (H).

(q) These exemptions apply only to

the extent that information in the

system is subject to exemption pursuant

to 5 U.S.C. 552a(j)(2), (k)(2), and (k)(3).

Exemptions from the particular

subsections are justified for the

following reasons:

(1) From subsection (c)(3) because the

release of the accounting of disclosures

would place the subject on notice that

the subject is or has been the subject of

investigation and result in a serious

impediment to law enforcement.

(2) From subsection (c)(4) to the

extent that it is not applicable since an

exemption is claimed from subsection

(d).

(3)(i) From subsection (d) and (e)(4)

(G) and (H) because these provisions

concern an individual’s access to

records which concern the individual

and such access to records in the system

would compromise ongoing

investigations, reveal investigatory

techniques and confidential informants,

invade the privacy of persons who

provide information in connection with

a particular investigation, or constitute

a potential danger to the health or safety

of law enforcement personnel.

(ii) In addition, from subsection (d)(2)

because, to require the FBI to amend

information thought to be not accurate,

timely, relevant, and complete, because

of the nature of the information

collected and the essential length of

time it is maintained, would create an

impossible administrative burden by

forcing the agency to continuously

retrograde its investigations attempting

to resolve these issues.

(iii) Although the Attorney General is

exempting this system from subsection

(d) and (e)(4) (G) and (H), an alternate

method of access and correction has

been provided in 28 CFR, part 25,

subpart A.

(4) From subsection (e)(1) because it

is impossible to state with any degree of

certainty that all information in these

records is relevant to accomplish a

purpose of the FBI, even though

acquisition of the records from state and

local law enforcement agencies is based

on a statutory requirement. In view of

the number of records in the system, it

is impossible to review them for

relevancy.

(5) From subsections (e) (2) and (3)

because the purpose of the system is to

verify information about an individual.

It would not be realistic to rely on

information provided by the individual.

In addition, much of the information

contained in or checked by this system

from Federal, State, and local criminal

history records.

(6) From subsection (e)(5) because it

is impossible to predict when it will be

necessary to use the information in the

system, and, accordingly, it is not

possible to determine in advance when

the records will be timely. Since most

of the records are from State and local

or other Federal agency records, it

would be impossible to review all of

them to verify that they are accurate. In

addition, no alternate procedure is being

established in 28 CFR, part 25, subpart

A, so the records can be amended if

found to be incorrect.

(7) From subsection (e)(8) because the

notice requirement could present a

serious impediment to law enforcement

by revealing investigative techniques

and confidential investigations.

(8) From subsection (g) to the extent

that, pursuant to subsections (j)(2),

(k)(2), and (k)(3), the system is

exempted from the other subsections

listed in paragraph (p) of this section.

[FR Doc. 98–14796 Filed 6–3–98; 8:45 am]

BILLING CODE 4410–02–M

DEPARTMENT OF JUSTICE

28 CFR Part 25

[AG Order No. 2158–98]

RIN 1105–AA51

National Instant Criminal Background

Check System Regulations

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: The United States Department

of Justice is publishing a proposed rule

for the National Instant Criminal

Background Check System (NICS) to

establish policies and procedures for

ensuring the privacy and security of this

system and to implement a NICS

appeals policy for persons who have

been denied the purchase of a firearm

because of information in the NICS they

believe to be erroneous or incorrect.

Specifically, this rule will detail

policies for validating NICS data,

storing, accessing, and querying records

in the system, retaining and destroying

NICS information, and correcting

erroneous data in the system.

DATES: Written comments must be

received on or before September 2,

1998.

ADDRESSES: All comments concerning

this proposed rule should be mailed to:

Mr. Emmet A. Rathbun, NICS Project

Manager, Federal Bureau of

Investigation, CJIS Division, Module C–

3, 1000 Custer Hollow Road, Clarksburg,

West Virginia 26306–0147.

FOR FURTHER INFORMATION CONTACT: Mr.

Emmet A. Rathbun, NICS Project

Manager, telephone number (304) 625–

2000.

SUPPLEMENTARY INFORMATION: On

November 30, 1993, Pub. L. 103–159

(107 Stat. 1536) was enacted, amending

the Gun Control Act of 1968 (GCA), as

amended (18 U.S.C Chapter 44). Title I

of Pub. L. 103–159, the ‘‘Brady Handgun

Violence Prevention Act’’ (‘‘Brady

Act’’), requires the Attorney General to

establish by November 30, 1998, ‘‘a

national instant criminal background

check system that any [firearms]

licensee may contact, by telephone or by

other electronic means in addition to

the telephone, for information, to be

supplied immediately, on whether

receipt of a firearm by a prospective

transferee would violate section 922 of

title 18, United States Code, or State

law.’’ To implement the NICS, the Brady

Act authorizes the development of

hardware and software systems to link

State criminal history check systems

into the national system. It also

authorizes the Attorney General to

obtain official information from any

Federal Department or agency on

persons for whom receipt of a firearm

would be in violation of the law.

The Bureau of Alcohol, Tobacco and

Firearms (ATF), Department of the

Treasury, issued proposed regulations,

63 FR 8379 (Feb. 19, 1998), Notice

Number 857, ‘‘Implementation of Pub.

L. 53–159, Relating to the Permanent

Provisions of the Brady Handgun

Violence Prevention Act,’’ which

specify how Federal firearms licensees

(FFLs) shall interact with the NICS. In

general, the proposed ATF regulations:

Specify the time when an FFL must

contact the NICS; detail the criteria that
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30431

must be met in order for a firearm

permit to operate as an exception to the

requirement of a NICS background

check, including the requirement that

state officials issuing such permits

conduct a NICS check on all applicants

for permits issued on or after November

30, 1998; note the applicability of the

requirement of a NICS background

check to pawned firearm transactions;

require the Director of ATF to contact

the NICS before approving a firearm

transfer under the National Firearms

Act; amend the ATF firearms

transaction record, Form 4473, to allow

FFLs to solicit additional optional

information about the purchaser for

submission with a NICS background

check request in order to help avoid

cases of misidentification by the system;

and require FFLs to record on Form

4473 all responses received from the

NICS and to maintain a copy of each

Form 4473 for which a NICS transaction

number (a unique identification number

assigned to each NICS check) has been

received, regardless of whether the

transfer of the firearm was completed.

Prohibited Persons

Section 922 of title 18 prohibits

certain persons from shipping or

transporting any firearm in interstate or

foreign commerce, or receiving any

firearm that has been shipped or

transported in interstate or foreign

commerce, or possessing any firearm in

or affecting commerce. These

prohibitions apply to any person who:

(1) Is under indictment for or has been

convicted in any court of a crime

punishable by imprisonment for a term

exceeding one year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted

to any controlled substance;

(4) Has been adjudicated as a mental

defective or committed to a mental

institution;

(5) Is an alien illegally or unlawfully

in the United States;

(6) Has been discharged from the

Armed Forces under dishonorable

conditions;

(7) Having been a citizen of the

United States, has renounced U.S.

citizenship;

(8) Is subject to a court order that

restrains the person from harassing,

stalking, or threatening an intimate

partner or child of such intimate

partner; or

(9) Has been convicted in any court of

a misdemeanor crime of domestic

violence.

The ATF published a final rule

concerning ‘‘Definitions for the

Categories of Persons Prohibited From

Receiving Firearms’’ in the Federal

Register on June 27, 1997 (T.D. ATF–

391, 62 FR 34634). These definitions

became effective August 26, 1997, and

shall apply to the operation and use of

the NICS.

Department of Justice Action

The Federal Bureau of Investigation

(FBI), as directed by the Attorney

General, has coordinated the

development efforts of the NICS since

1994. The FBI is negotiating formal

Memoranda of Understanding (MOUs)

between the FBI and Federal agencies

that will supply data to the NICS. The

MOUs outline procedures for supplying

data to the NICS and define limits on

the appropriate use of the data.

This proposed rule may directly

impact the following groups:

prospective firearms purchasers, Federal

firearms licensees (FFLs), state and local

law enforcement agencies, and certain

Federal agencies.

Brady Act Task Group

Immediately after the Brady Act went

into effect on February 28, 1994, the FBI

established a Brady Act Task Group

(BATG) composed of experienced state

and local law enforcement officials. The

FBI has worked closely with the BATG,

whose purpose has been to assist in the

development and finalization of

requirements for implementing the

NICS.

The System

In order to establish the NICS in a

way that incorporates relevant

information for the various categories of

prohibited persons previously

mentioned, the FBI has created a new

database called the ‘‘NICS Index’’ with

information concerning individuals who

fall within categories 3 through 7 of the

prohibited persons described above. A

NICS background check will check this

new database and also existing systems

of records operated by the FBI, such as

the National Crime Information Center

(NCIC), and the Interstate Identification

Index (III).

The NICS Index will contain (1)

records provided by Federal agencies to

the FBI on persons prohibited from

receiving firearms under Federal law

and (2) records provided voluntarily by

some states on persons who have been

denied the purchase of a firearm or who

are known to be disqualified from

possessing a firearm under Federal law.

Information in the NICS Index will be

provided to the FBI on magnetic tape

media or through electronic access by

Federal agencies and authorized state or

local law enforcement agencies. Access

to the NICS Index will generally be

restricted to purposes related to NICS

background checks pursuant to the

Brady Act; other access shall be limited

to uses for the purpose of (1) providing

information to Federal, state, or local

criminal justice agencies in connection

with the issuance of a permit or license

to possess, acquire, conceal, or transfer

a firearm or (2) responding to an inquiry

from the ATF in connection with a civil

or criminal law enforcement activity

relating to the Gun Control Act (18

U.S.C. Chapter 44).

In states where they agree to do so,

state or local law enforcement agencies

will serve as Points of Contact (POCs)

for the NICS. As POCs, these agencies

will receive inquiries by FFLs, initiate

NICS background checks through

electronic access to the NICS via the

NCIC communications network, receive

and review any matching records

retrieved by the system, check state and

local record systems (including criminal

justice databases) for disqualifying

records, determine whether any of the

matching records provide reason to

believe that the individual is

disqualified from possessing a firearm,

and provide responses back to the FFL.

States may also exchange messages

regarding long-gun purchases made

outside of a purchaser’s state of

residence. The FBI will not charge FFLs

a fee for NICS background checks

processed by state POCs.

In states where there is no POC, FFLs

will contact the NICS Operations

Center, a unit run by the FBI, either by

telephone or through electronic dial-up

access, to request a NICS background

check. In these non-POC states, the

NICS Operations Center will perform

the NICS background check, analyze

any matching records, and provide a

response back to the FFL. The FBI will

charge FFLs in non-POC states a fee for

NICS background checks processed by

the NICS Operations Center.

Background Checks

A NICS background check will consist

of a search using name, sex, race, date

of birth, state of residence, and other

identifying information provided by a

purchaser for records in the NICS Index,

NCIC, and III. In states where state or

local law enforcement agencies act as

POCs, the POCs may also check state or

local record systems. For each

background check, the NICS will

consolidate matching records from the

NICS Index, NCIC and III. In cases

where the checks are performed by state

or local POCs, an authorized state or

local official will receive and evaluate

matching records forwarded by the FBI

and any available state records and will

determine whether the prospective

purchaser is the subject of the matching
30432 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

records and whether the records provide

reason to believe that the prospective

purchaser is ineligible to receive a

firearm under state or Federal law. In

states where FFLs contact the FBI

directly, an FBI analyst will make these

determinations. In either case, only the

decision whether or not the transfer may

proceed (communicated in the form of

a message stating ‘‘proceed,’’ ‘‘delayed,’’

or ‘‘denied’’), and none of the

underlying information, will be

provided to the FFL.

Retention and Destruction of Records in

the NICS

The FBI will retain indefinitely

records in the NICS Index that prohibit

persons from receiving or possessing a

firearm unless such records are updated

or canceled by the agency that supplied

the records to the NICS Index. In cases

where the firearms disability is

temporary in nature, the NICS Index

will automatically purge the record on

the date of its expiration or when it is

no longer disabling.

The FBI will maintain an automated

Audit Log of all transactions that pass

through the NICS. Transactions relating

to firearm transfer approvals in the

Audit Log will be maintained for

eighteen months. After this time,

information contained in the Audit Log

related to the person or the transfer will

be destroyed; only the NICS Transaction

Number (NTN), a unique number

assigned to each valid background

check inquiry received by the NICS, and

the date on which the NTN was

assigned, will be retained. This

temporary retention of information will

assist the FBI and state and local

officials in auditing and/or investigating

unauthorized use of the NICS. The FBI

will retain a log of all transactions

relating to firearm transfer denials for 10

years, after which time the records will

be transferred to a Federal Records

Center for retention.

System Security

This regulation requires the state and

local law enforcement agencies using

the system to identify themselves before

obtaining access to the NICS through the

use of an Originating Agency Identifier

(ORI) assigned by the FBI. The Control

Terminal Agency (CTA) in each state,

typically the state police or department

of public safety, will be responsible for

providing to the FBI a list of agencies

authorized in the state to serve as a POC

for the NICS and for ensuring that

unauthorized agencies cannot access the

system. In addition, the NICS will

individually identify and authenticate

FBI personnel who access the system.

The NICS will also require the use of

FBI-assigned ORIs by authorized

Federal agency employees who in the

future may be provided message-based

access to the NICS Index via the NCIC

communications network for purposes

of adding, updating, and canceling

records.

To ensure the proper level of access

for each transaction, an agency must

include its ORI in each message it sends

to the NICS. Agencies providing records

to the NICS must include their ORI and

a unique agency record identifier (ARI)

in each record provided. The system

will allow authorized Federal and state

agencies to add data to the NICS Index

and to update or cancel only the data

that they have provided.

The NICS will authenticate electronic

connections by all users to prevent

unauthorized access to the system. The

FBI will provide to NICS users ‘‘NICS

Security Guidelines’’ which will detail

their security roles and responsibilities.

Personnel Security

Federal agencies and state and local

law enforcement agencies acting as

POCs will be responsible for ensuring

that their personnel who process and

handle data for the NICS comply with

the NICS Security Guidelines, the NCIC

Security Policy of 1992, applicable

Federal laws, such as the Privacy Act of

1974 and the Computer Security Act of

1987, and with their own policies and

procedures for protecting information.

In addition, if the NICS allows a Federal

agency direct terminal access to the

NICS for the purpose of adding,

updating, or canceling records, the

agency, at a minimum, must ensure that

terminal operators follow the NCIC

Security Policy.

Physical Security

Federal agencies and state and local

law enforcement agencies that

contribute information to the NICS

Index will label any magnetic media

used to transport NICS data. These

labels will identify the agency

supplying the data and the sensitivity of

the data. The FBI will store NICS data

only in areas that are physically safe

from access by unauthorized persons or

exposure to environmental hazards.

If an agency communicates

electronically with the NICS via the

NCIC communications network, the

computer site and/or terminal area used

by the agency must have adequate

physical security to protect against

unauthorized personnel gaining access

to the computer equipment or to any of

the stored data, as discussed in the

NCIC Security Policy. Visitors in the

area of the computer site and/or

terminal must be accompanied by staff

personnel at all times, and access to the

terminal area is restricted to the

minimum number of authorized

employees needed to complete the

work.

Authority To Obtain Records From

Federal Agencies

Section 103(e)(1) of the Brady Act

states that ‘‘[n]otwithstanding any other

law, the Attorney General may secure

directly from any department or agency

of the United States such information on

persons for whom receipt of a firearm

would violate subsection (g) or (n) of

section 922 of title 18, United States

Code or State law, as is necessary to

enable the system to operate in

accordance with this section. On request

of the Attorney General, the head of

such department or agency shall furnish

such information to the system.’’

Privacy Act Notice and Rule

Pursuant to the Privacy Act of 1974,

a Privacy Act Notice describing the

system of records and exempting its

records from certain provisions of the

Privacy Act is published elsewhere in

today’s Federal Register.

User Fee Charge

FFLs who contact the NICS

Operations Center by telephone or by

electronic means to initiate a

background check will be assessed a fee.

The user fee will be published

separately in the Federal Register.

Appeal From a Denial and the

Correction of Erroneous System

Information

If, as a result of a NICS background

check, an individual is unable to

purchase a firearm, the individual may

request the reason(s) for the denial from

the agency that made the determination

(either the FBI or the POC). The denying

agency (either the FBI or the POC) shall

respond with the reasons for the denial

within five business days of receipt of

the request. The individual may

challenge the accuracy of the record by

appealing to the state or local POC that

denied the transfer, the agency that

originated the record, or the FBI. If a

record is found to be erroneous, the data

in the NICS shall be corrected and the

individual will be provided a written

confirmation of the correction of

erroneous data to present to the FFL. If

more than 30 days have transpired since

the initial check, the FFL will recheck

the NICS without a fee before allowing

the sale to continue. The Brady Act also

provides that an individual may contest

the accuracy or validity of a

disqualifying record by bringing ‘‘an

action against the State or political
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30433

subdivision responsible for providing

the erroneous information, or

responsible for denying the transfer, or

against the United States, as the case

may be, for an order directing that the

erroneous information be corrected or

that the transfer be approved, as the case

may be.’’

Applicable Administrative Procedures

and Executive Orders

Regulatory Flexibility Analysis

The Attorney General, in accordance

with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this

regulation and by approving it certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities. A

Brady Act Task Group, composed of

experienced state and local law

enforcement officials, provided input on

the design of the NICS. When

developing the guidelines for the NICS,

both the Task Group and the FBI took

into account the fact that many FFLs are

small businesses. The obligation of FFLs

to contact the NICS before transferring

a firearm is imposed by the Brady Act

and is detailed in the above-described

proposed ATF regulations

implementing the permanent provisions

of the Brady Act. In designing the NICS,

the FBI has sought to avoid burdens on

small entities beyond those

requirements needed to conduct the

statutorily prescribed background

checks effectively and to ensure the

privacy and security of the information

in the NICS. The FBI is not aware of any

relevant Federal rules that duplicate,

overlap, or conflict with this rule.

Executive Order 12866

This proposed rule has been drafted

and reviewed in accordance with

Executive Order 12866, section 1(b),

Principles of Regulation. The

Department of Justice has determined

that this proposed rule is a ‘‘significant

regulatory action’’ under Executive

Order 12866, section 3(f), Regulatory

Planning and Review, and thus it has

been reviewed by the Office of

Management and Budget (OMB).

Executive Order 12612

This rule will not have a substantial

direct effect on the states, on the

relationship between the national

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a Federal

Assessment.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by state, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This proposed rule is not a major rule

as defined by Section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. This proposed rule

will not result in an annual effect on the

economy of $100,000,000 or more, a

major increase in costs or prices, or have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Paperwork Reduction Act of 1995

The collection of information

contained in this notice of proposed

rulemaking has been submitted to the

OMB for review in accordance with the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507(d)). Comments on the

collection of information should be sent

to the Office of Management and

Budget, Attention: Desk Officer of the

Department of Justice, Office of

Information and Regulatory Affairs,

Washington, DC 20503, with copies to

Mr. Robert B. Briggs, Clearance Officer,

United States Department of Justice,

Information Management and Security

Staff, Justice Management Division,

Suite 850, Washington Center, 1001 G

Street, NW, Washington, DC 20530.

Comments are specifically requested

concerning:

(1) Whether the proposed collection

of information is necessary for the

proper performance of the functions of

the Department of Justice and the FBI,

including whether the information will

have practical utility;

(2) The accuracy of the estimated

burden associated with the proposed

collection of information (see below);

(3) How the quality, utility, and

clarity of the information to be collected

may be enhanced; and

(4) How the burden of complying with

the proposed collection of information

may be minimized, including through

the use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology.

The collection of information in this

proposed regulation is for the purpose

of establishing the NICS, a national

background check system that FFLs are

required by the Brady Act to contact for

information about whether the transfer

of a firearm to a prospective purchaser

would violate Federal or state law. A

database called the NICS Index is being

created which will contain information

about individuals who fall into the noncriminal categories of persons who are

disqualified from possessing a firearm

under Federal law. Some states may

voluntarily submit information to the

FBI concerning certain individuals who

fall into one or more of these categories,

such as persons who have been

adjudicated as mental defectives or who

have been committed to mental

institutions, for input into the NICS

Index. This data may be submitted by

such states on a magnetic tape medium,

which the FBI will download into the

NICS Index. The FBI will also allow

such states to make individual record

submissions via the NCIC

communications network. It is

estimated that, at the outset, five states

will voluntarily contribute such data to

the NICS Index. Additional states may

contribute data in the future. It is

estimated that it will require 24 hours

for each contributing state to write the

specifications and program for the

magnetic tapes that will be submitted to

the FBI. Thereafter, it is estimated that

it will require one hour to place data on

the tape each time it is submitted to the

FBI. Tape submissions will be made

approximately once per month;

electronic submissions may be made at

the state’s convenience. Thus, it is

estimated that, in the first year in which

it makes data submissions to the NICS

Index, a contributing state will spend up

to 36 hours in making its submissions.

In succeeding years, it is estimated that

each submitting state will spend up to

12 hours per year in making

submissions. The total public burden (in

hours) associated with the collection

from the estimated five initial

respondents, therefore, is 180 hours in

the first year and 60 hours each

succeeding year.

List of Subjects in 28 CFR Part 25

Administrative practice and

procedure, Automatic data processing,

Business and industry, Courts, Firearms,

Information, Law enforcement officers,

Reporting and recordkeeping

requirements, and Telecommunications.
30434 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

Accordingly, Title 28 of the Code of

Federal Regulations is proposed to be

amended by adding the following new

part 25:

PART 25—DEPARTMENT OF JUSTICE

INFORMATION SYSTEMS

Subpart A—The National Instant

Criminal Background Check System

Sec.

25.1 Purpose and authority.

25.2 Definitions.

25.3 System information.

25.4 Record source categories.

25.5 Validation and data integrity of records

in the system.

25.6 Accessing records in the system.

25.7 Querying records in the system.

25.8 System safeguards.

25.9 Retention and destruction of records in

the system.

25.10 Correction of erroneous system

information.

25.11 Prohibited activities and penalties.

Authority: Pub. L. 103–159, 107 Stat. 1536.

Subpart A—The National Instant

Criminal Background Check System

§ 25.1 Purpose and authority.

The purpose of this subpart is to

establish policies and procedures

implementing the Brady Handgun

Violence Prevention Act (Brady Act),

Public Law 103–159, 107 Stat. 1536.

The Brady Act requires the Attorney

General to establish a National Instant

Criminal Background Check System

(NICS) to be contacted by any licensed

importer, licensed manufacturer, or

licensed dealer of firearms for

determination of whether the transfer of

a firearm to any person who is not

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

in violation of Federal or state law.

These regulations are issued pursuant to

section 103(h) of the Brady Act, 107

Stat. 1542, and include requirements to

ensure the privacy and security of the

system and appeals procedures for

persons who have been denied the right

to purchase a firearm as a result of a

NICS background check performed by

the Federal Bureau of Investigation (FBI)

or a state or local law enforcement

agency.

§ 25.2 Definitions.

Appeal means a formal procedure to

challenge the denial of a firearm

transfer.

ARI means a unique Agency Record

Identifier assigned by the agency

submitting records for inclusion in the

NICS Index.

Audit log means a chronological

record of system (computer) activities

that enables the reconstruction and

examination of the sequence of events

and/or changes in an event.

Business day means a 24-hour day

(beginning at 12:01 a.m.) on which state

offices are open in the state in which the

proposed firearm transaction is to take

place.

Control Terminal Agency means a

state or territorial criminal justice

agency recognized by the FBI as the

agency responsible for providing stateor territory-wide service to criminal

justice users of NCIC data.

Data source means an agency that

provided specific information to the

NICS.

Delayed means a temporary denial of

a firearm transfer requiring more

research prior to a NICS ‘‘Proceed’’ or

‘‘Denied’’ response.

Denied means denial of a firearm

transfer based on a NICS response

indicating one or more matching records

were found providing reason to believe

that receipt of a firearm by a prospective

purchaser would violate 18 U.S.C. 922

or state law.

Denying agency means a POC or the

NICS Operations Center, whichever

determines that information in the NICS

indicates that the transfer of a firearm to

a person would violate Federal or state

law, based on a background check.

Dial-up access means any routine

access through commercial switched

circuits on a continuous or temporary

basis.

Federal agency means any authority

of the United States that is an ‘‘Agency’’

under 44 U.S.C. 3502(1), other than

those considered to be independent

regulatory agencies, as defined in 44

U.S.C. 3502(10).

FFL (federal firearms licensee) means

a person licensed by the Bureau of

Alcohol, Tobacco and Firearms as a

manufacturer, dealer, or importer of

firearms.

Firearm has the same meaning as in

18 U.S.C. 921(a)(3).

Licensed dealer means any person

defined in 27 CFR 178.11.

Licensed importer has the same

meaning as in 27 CFR 178.11.

Licensed manufacturer has the same

meaning as in 27 CFR 178.11.

NCIC (National Crime Information

Center) means a nationwide

computerized information system of

criminal justice data established by the

FBI as a service to local, state, and

Federal criminal justice agencies.

NICS means the National Instant

Criminal Background Check System,

which an FFL may contact for

information on whether receipt of a

firearm by a person who is not licensed

under 18 U.S.C. 923 would violate

Federal or state law.

NICS Index means the database, to be

managed by the FBI, containing

information provided by Federal and

state agencies about persons prohibited

under Federal law from receiving or

possessing a firearm. The NICS Index is

separate and apart from the NCIC and

the Interstate Identification Index (III).

NICS Operations Center means the

unit of the FBI that receives telephone

or electronic inquiries from FFLs to

perform background checks, makes a

determination based upon available

information as to whether the receipt or

transfer of a firearm would be in

violation of state or Federal law,

researches criminal history records,

tracks and finalizes appeals, and

conducts audits of system use.

NICS Operations Center’s regular

business hours means the hours of 9

a.m. to 2 a.m., Eastern Time, seven days

a week.

NICS Representative means a person

who receives telephone inquiries to the

NICS Operations Center from FFLs

requesting background checks and

provides a response as to whether the

receipt or transfer of a firearm may

proceed or is delayed.

NRI (NICS Record Identifier) means

the system-generated unique number

associated with each record in the NICS

Index.

NTN (NICS Transaction Number)

means the unique number that will be

assigned to each valid background

check inquiry received by the NICS. Its

primary purpose will be to provide a

means of associating inquiries to the

NICS with the response provided by the

NICS to the FFL.

ORI (Originating Agency Identifier)

means a nine-character identifier

assigned by the FBI to an agency which

has met the established qualifying

criteria for ORI assignment to identify

the agency in transactions on the NCIC

System.

Originating Agency means an agency

that provides a record to a database

checked by the NICS.

POC (Point of Contact) means a state

or local law enforcement agency serving

as an intermediary between an FFL and

the system. A POC will receive NICS

background check requests from FFLs,

check state or local record systems,

perform NICS inquiries, determine

whether matching records provide

reason to believe that an individual is

disqualified from possessing a firearm

under Federal or state law, and respond

to FFLs with the results of a NICS

background check.

Proceed means a NICS response

indicating no matching record was

found to prohibit the transfer of a

firearm.
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Record means any item, collection, or

grouping of information about an

individual that is maintained by an

agency, including but not limited to

information that disqualifies the

individual from receiving a firearm and

that contains his or her name or other

personal identifiers.

STN (State-Assigned Transaction

Number) means a unique number that

may be assigned by a POC to each valid

background check inquiry.

System means the National Instant

Criminal Background Check System

(NICS).

§ 25.3 System information.

(a) There is established at the FBI a

National Instant Criminal Background

Check System.

(b) The system will be located at the

Federal Bureau of Investigation, 1000

Custer Hollow Road, Clarksburg, West

Virginia 26306–0147.

(c) The system manager and address

are: Director, Federal Bureau of

Investigation, J. Edgar Hoover F.B.I.

Building, 935 Pennsylvania Avenue,

NW, Washington, DC. 20535.

§ 25.4 Record source categories.

It is anticipated that most records in

the NICS Index will be obtained from

Federal agencies. It is also anticipated

that a limited number of authorized

state and local law enforcement

agencies will voluntarily contribute

records to the NICS Index. Information

in the NCIC and III systems that will be

searched during a background check

will be contributed voluntarily by

Federal, state, local, and international

criminal justice agencies.

§ 25.5 Validation and data integrity of

records in the system.

(a) The FBI will be responsible for

maintaining data integrity during all

NICS operations that are managed and

carried out by the FBI. This

responsibility includes:

(1) Ensuring the accurate adding,

canceling, or modifying of NICS Index

records supplied by Federal agencies;

(2) An automatic rejection of any

attempted entry of records into the NICS

Index that contain detectable invalid

data elements;

(3) Automatic purging of records in

the NICS Index after they are on file for

a prescribed period of time; and

(4) Quality control checks in the form

of periodic internal audits by FBI

personnel to verify that the information

provided to the NICS Index remains

valid and correct.

(b) Each data source will be

responsible for ensuring the accuracy

and validity of the data it provides to

the NICS Index and will immediately

correct any record determined to be

invalid or incorrect.

§ 25.6 Accessing records in the system.

(a) FFLs may initiate a NICS

background check only in connection

with a proposed firearm transfer as

required by the Brady Act. FFLs are

strictly prohibited from initiating a

NICS background check for any other

purpose. The process of accessing the

NICS for the purpose of conducting a

NICS background check is initiated by

an FFL’s contacting the FBI NICS

Operations Center (by telephone or

electronic dial-up access) or a POC.

FFLs in each state will be advised by the

FBI or a POC whether they are required

to initiate NICS background checks with

the NICS Operations Center or the POC

and how they are to do so.

(b) Access to the NICS through the

FBI NICS Operations Center. FFLs may

contact the NICS Operations Center by

telephone only during its regular

business hours. Electronic dial-up

access to the NICS will be provided to

a limited number of FFLs at the

beginning of the system’s operation. As

the system develops its capacity to

accept such access, a larger number of

FFLs may be provided electronic dialup access in the future. FLLs with

electronic dial-up access will be able to

contact the NICS 24 hours each day.

(c) The FBI NICS Operations Center,

upon receiving an FFL telephone or

electronic dial-up request for a

background check, will:

(1) Verify the FFL Number and

password;

(2) Assign a NICS Transaction

Number (NTN) to a valid inquiry and

provide the NTN to the FFL;

(3) Search the relevant databases (i.e.,

NICS Index, NCIC, III) for any matching

records; and

(4) Provide the following NICS

responses based upon the consolidated

NICS search results to the FFL that

requested the background check:

(i) Proceed response, if no

disqualifying information was found in

the NICS Index, NCIC, or III.

(ii) Delayed response, if the NICS

search finds a record that may indicate

that the prospective purchaser is

disqualified from possessing a firearm

by Federal or state law. A ‘‘Delayed’’

response to the FFL indicates that the

firearm transfer should not proceed

pending receipt of a follow-up response

from the NICS or the expiration of three

business days (exclusive of the day on

which the query is made), whichever

occurs first. (Example: An FFL requests

a NICS check on a prospective firearm

purchaser at 9 a.m. on Friday and

shortly thereafter receives a ‘‘Delayed’’

response from the NICS. Assuming state

offices in the state in which the FFL is

located are closed on Saturday and

Sunday and open the following

Monday, Tuesday, and Wednesday, and

the NICS has not yet responded with a

‘‘Proceed’’ or ‘‘Denied’’ response, the

FFL may transfer the firearm at 12:01

a.m. Thursday.)

(iii) Denied response, when at least

one matching record is found in either

the NICS Index, NCIC, or III that

provides reason to believe that receipt of

a firearm by the prospective purchaser

would violate 18 U.S.C. 922 or state law.

The ‘‘Denied’’ response will be provided

to the requesting FFL by the NICS

Operations Center during its regular

business hours after review of any

potentially disqualifying information.

(5) None of the responses provided to

the FFL will contain any of the

underlying information in the records

checked by the system.

(d) Access to the NICS through POCs.

In states where a POC is designated to

process background checks for the

NICS, FFLs will contact the POC to

initiate a NICS background check. The

POC will notify FFLs in its state of the

means by which FFLs can contact the

POC. The NICS will provide POCs with

electronic access to the system 24 hours

each day through the NCIC

communication network. Upon

receiving a request for a background

check from an FFL, a POC will:

(1) Verify the FFL number;

(2) Enter a purpose code indicating

that the query of the system is for the

purpose of performing a NICS

background check in connection with

the transfer of a firearm; and

(3) Transmit the request for a

background check via the NCIC

interface to the NICS.

(e) Upon receiving a request for a

NICS background check, POCs may also

conduct a search of available files in

state and local law enforcement and

other relevant record systems, and may

provide a unique State-Assigned

Transaction Number (STN) to each valid

inquiry for a background check.

(f) When the NICS receives an inquiry

from a POC, a search will be made of the

relevant databases (i.e., NICS Index,

NCIC, III) for any matching record(s),

and the NICS will provide an electronic

response to the POC. This response will

consolidate the search results of the

relevant databases and will include the

NTN. The following types of responses

may be provided by the NICS to a state

or local agency conducting a

background check:
30436 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

(1) No record response, if the NICS

determines, through a complete search,

that no matching record exists.

(2) Partial response, if the NICS has

not completed the search of all of its

records. This response will indicate the

databases that have been searched (i.e.,

III, NCIC, and/or NICS Index) and the

databases that have not been searched.

It will also provide any potentially

disqualifying information found in any

of the databases searched. A follow-up

response will be sent as soon as all the

relevant databases have been searched.

The follow-up response will provide the

complete search results.

(3) Single matching record response,

if all records in the relevant databases

have been searched and one matching

record was found.

(4) Multiple matching record

response, if all records in the relevant

databases have been searched and more

than one matching record was found.

(g) Generally, based on the response(s)

provided by the NICS, and other

information available in the state and

local record systems, a POC will:

(1) Confirm any matching records;

and

(2) Notify the FFL of the NICS

response that the transfer may proceed,

is delayed pending further record

analysis, or is denied and include in

this notification the NTN and, if

applicable, an STN.

(h) In cases where a transfer is denied

by a POC, the POC may provide a denial

notification to the NICS. This denial

notification will include the name of the

person who was denied a firearm and

the NTN. The information provided in

the denial notification will be

maintained in the NICS Audit Log

described in § 25.9(b). This notification

may be provided immediately by

electronic message to the NICS (i.e., at

the time the transfer is denied) or as

soon thereafter as possible. If a denial

notification is not provided by a POC,

the NICS will assume that the transfer

was allowed and will destroy its records

regarding the transfer in accordance

with the procedures detailed in § 25.9.

(i) Recording the NTN. FFLs are

required to record the NTN they receive

in a NICS response on the appropriate

ATF form for audit and inspection

purposes, under 27 CFR 178.124

recordkeeping requirements. This

requirement applies regardless of

whether the NTN is provided to the FFL

by the FBI NICS Operations Center or a

POC and whether the transfer of the

firearm is completed.

(j) Access to the NICS Index for

purposes unrelated to background

checks required by the Brady Act.

Access to the NICS Index for purposes

unrelated to NICS background checks

pursuant to 18 U.S.C. 922(t) shall be

limited to uses for the purpose of:

(1) Providing information to Federal,

state, or local criminal justice agencies

in connection with the issuance of a

permit or license to possess, acquire,

conceal, or transfer a firearm; or

(2) Responding to an inquiry from the

ATF in connection with a civil or

criminal law enforcement activity

relating to the Gun Control Act (18

U.S.C. Chapter 44).

§ 25.7 Querying records in the system.

(a) The following search descriptors

will be required in all queries of the

system for purposes of a background

check:

(1) Name;

(2) Sex;

(3) Race;

(4) Complete date of birth; and

(5) State of residence.

(b) A unique numeric identifier may

also be provided to search for additional

records based on exact matches by the

numeric identifier. Examples of unique

numeric identifiers for purposes of this

system are: Social Security number (to

comply with Privacy Act requirements,

a Social Security number will not be

required by the NICS to perform any

background check) and miscellaneous

identifying numbers (military number or

number assigned by Federal, state, or

local authorities to an individual’s

record). Additional identifiers that may

be requested by the system after an

initial query include height, weight, eye

and hair color, and place of birth. At the

option of the querying agency, these

additional identifiers may also be

included in the initial query of the

system.

§ 25.8 System safeguards.

(a) Information maintained in the

NICS Index is stored electronically for

use in an FBI computer environment.

The NICS central computer will reside

inside a locked room within a secured

facility. Access to the facility will be

restricted to authorized FBI personnel

who have identified themselves and

their need for access to a system

security officer.

(b) Access to data stored in the NICS

is restricted to duly authorized agencies.

The security measures listed in

paragraphs (c) through (f) of this section

are the minimum to be adopted by all

POCs and data sources having access to

the NICS. Each state’s Control Terminal

Agency will provide to the NICS

Operations Center a list of valid ORIs for

those agencies that will serve as POCs

for the NICS.

(c) State or local law enforcement

agency computer centers designated by

a Control Terminal Agency as POCs

shall be authorized NCIC users and shall

observe all procedures set forth in the

NCIC Security Policy of 1992 when

processing NICS background checks.

The responsibilities of the Control

Terminal Agencies and the computer

centers include the following:

(1) The criminal justice agency

computer site must have adequate

physical security to protect against any

unauthorized personnel gaining access

to the computer equipment or to any of

the stored data.

(2) Since personnel at these computer

centers can have access to data stored in

the NICS, they must be screened

thoroughly under the authority and

supervision of a state Control Terminal

Agency. This authority and supervision

may be delegated to responsible

criminal justice agency personnel in the

case of a satellite computer center being

serviced through a state Control

Terminal Agency. This screening will

also apply to non-criminal justice

maintenance or technical personnel.

(3) All visitors to these computer

centers must be accompanied by staff

personnel at all times.

(4) POCs utilizing a state/NCIC

terminal to access the NICS must have

the proper computer instructions

written and other built-in controls to

prevent data from being accessible to

any terminals other than authorized

terminals.

(5) Each state Control Terminal

Agency shall build its data system

around a central computer, through

which each inquiry must pass for

screening and verification.

(d) Authorized state agency remote

terminal devices operated by POCs and

having access to the NICS must meet the

following requirements:

(1) POCS and data sources having

terminals with access to the NICS must

physically place these terminals in

secure locations within the authorized

agency;

(2) The agencies having terminals

with access to the NICS must screen

terminal operators and must restrict

access to the terminals to a minimum

number of authorized employees; and

(3) Copies of NICS data obtained from

terminal devices must be afforded

appropriate security to prevent any

unauthorized access or use.

(e) FFL remote terminal devices may

be used to transmit queries to the NICS

via electronic dial-up access. The

following procedures will apply to such

queries:

(1) The NICS will incorporate a

security authentication mechanism that

performs FFL dial-up user
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30437

authentication before network access

takes place;

(2) The proper use of dial-up circuits

by FFLs will be included as part of the

periodic audits by the FBI; and

(3) All failed authentications will be

logged by the NICS and provided to the

NICS security administrator.

(f) FFLs may use the telephone to

transmit queries to the NICS, in

accordance with the following

procedures:

(1) FFLs may contact the NICS

Operations Center during its regular

business hours by a telephone number

provided by the FBI;

(2) FFLs will provide the NICS

Representative with their FFL Number

and password, the type of sale, and the

name, sex, race, date of birth, and state

of residence of the prospective buyer;

and

(3) The NICS will verify the FFL

Number and password before processing

the request.

(g) The following precautions will be

taken to help ensure the security and

privacy of NICS information when FFLs

contact the NICS Operations Center:

(1) Access will be restricted to the

initiation of a NICS background check

in connection with the proposed

transfer of a firearm.

(2) The NICS Representative will only

provide a response of ‘‘Proceed’’ or

‘‘Delayed’’ (with regard to the

prospective firearms transfer), and will

not provide the details of any record

information about the purchaser. In

cases where potentially disqualifying

information is found in response to an

FFL query, the NICS Representative will

provide a ‘‘Delayed’’ response to the

FFL. A follow-up ‘‘Proceed’’ or

‘‘Denied’’ response will be provided by

the NICS Operations Center during its

regular business hours and before the

expiration of three business days

(exclusive of the day on which the

query is made) after the FFL query.

(3) The FBI will periodically monitor

telephone inquiries to ensure proper use

of the system.

(h) All transactions and messages sent

and received through electronic access

by POCs and FFLs will be automatically

logged in the NICS Audit Log described

in § 25.9(b). Information in the NICS

Audit Log will include initiation and

termination messages, failed

authentications, and matching records

located by each search transaction.

(i) The FBI will monitor and enforce

compliance by NICS users with the

system security requirements outlined

in the NICS Security Guidelines.

§ 25.9 Retention and destruction of

records in the system.

(a) The NICS will retain indefinitely

NICS Index records that indicate that

receipt of a firearm by the individuals

to whom the records pertain would

violate Federal or state law unless such

records are canceled by the originating

agency. In cases where a firearms

disability is only temporary, as defined

by 27 CFR part 178, the NICS will

automatically purge the pertinent record

on a specified date as determined by the

referenced regulation. Unless otherwise

removed, records contained in the NCIC

and III files that are accessed during a

background check will remain in those

files in accordance with established

policy.

(b) The FBI will maintain an

automated NICS Audit Log of all

incoming and outgoing transactions that

pass through the system.

(1) The Audit Log will record the

following information: type of

transaction (inquiry or response), line

number, time, date of inquiry, header,

message key, ORI, and inquiry/response

data (including the name and other

identifying information about the

prospective purchaser and the NTN).

After eighteen months, if the transfer is

allowed, all information in the Audit

Log related to the person or the transfer

will be destroyed, other than the NTN

assigned to the transfer and the date the

number was assigned. Audit Log records

relating to denials will be retained for

10 years, after which time they will be

transferred to a Federal Records Center

for storage. The NICS will not be used

to establish any system for the

registration of firearms, firearm owners,

or firearm transactions or dispositions,

except with respect to persons

prohibited from receiving a firearm by

18 USC 922 (g) or (n) or by state law.

(2) The Audit Log will be used to

analyze system performance, assist

users in resolving operational problems,

support the appeals process, or support

audits of the use of the system. Searches

may be conducted on the Audit Log by

time frame, i.e., by day or month, or by

a particular state or agency. The NICS,

including the NICS Audit Log, may not

be used by any department, agency,

officer, or employee of the United States

to establish any system for the

registration of firearms, firearm owners,

or firearm transactions or dispositions.

The Audit Log will be monitored and

reviewed on a regular basis to detect any

possible misuse of the NICS data.

(c) The following records in the FBIoperated terminals of the NICS will be

subject to the Brady Act’s requirements

for destruction:

(1) All inquiry and response messages

(regardless of media) relating to a

background check that results in an

allowed transfer; and

(2) All information (regardless of

media) contained in the NICS Audit Log

relating to a background check that

results in an allowed transfer.

(d) The following records of state and

local law enforcement units serving as

POCs will be subject to the Brady Act’s

requirements for destruction:

(1) All inquiry and response messages

(regardless of media) relating to the

initiation and result of a check of the

NICS that allows a transfer; and

(2) All other records relating to the

person or the transfer created as a result

of a NICS check that are not part of a

record system created and maintained

in accordance with state law.

§ 25.10 Correction of erroneous system

information.

(a) An individual may request the

reason for the denial from the agency

that conducted the check of the NICS

(the ‘‘denying agency,’’ which will be

either the FBI or the state or local law

enforcement agency serving as a POC).

The FFL will provide to the denied

individual the name and address of the

denying agency and the unique

transaction number (NTN or STN)

associated with the NICS background

check. The request for the reason for the

denial must be made in writing to the

denying agency.

(b) The denying agency will respond

to the individual with the reasons for

the denial within five business days of

its receipt of the individual’s request.

The response should indicate whether

additional information or documents are

required to support an appeal, such as

fingerprints in appeals involving

questions of identity (i.e., a claim that

the record in question does not pertain

to the individual who was denied).

(c) If the individual wishes to

challenge the accuracy of the record

upon which the denial is based, or if the

individual wishes to assert that his or

her rights to possess a firearm have been

restored, he or she may make

application first to the denying agency,

i.e., either the FBI or the POC. If the

denying agency is unable to resolve the

appeal, the denying agency will so

notify the individual and shall provide

the name and address of the agency that

originated the document containing the

information upon which the denial was

based. The individual may then apply

for correction of the record directly to

the agency from which it originated. If

the record is corrected as a result of the

appeal to the originating agency, the

individual shall so notify the denying
30438 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

agency, which will, in turn, verify the

record correction with the originating

agency (assuming the originating agency

has not already notified the denying

agency of the correction) and take all

necessary steps to correct the record in

the NICS.

(d) As an alternative to the above

procedure, the individual may elect to

direct his or her challenge to the

accuracy of the record, in writing, to the

FBI, NICS Operations Center, Criminal

Justice Information Services Division,

1000 Custer Hollow Road, Module C–3,

Clarksburg, West Virginia 26306–0147.

Upon receipt of the information, the FBI

will investigate the matter by contacting

the POC that denied the transaction or

the data source. The FBI will request the

POC or the data source to verify that the

record in question pertains to the

individual who was denied or verify or

correct the challenged record. The FBI

will consider the information it receives

from the individual and the response it

receives from the POC or the data

source. If the record is corrected as a

result of the challenge, the FBI shall so

notify the individual, correct the

erroneous information in the NICS, and

give notice of the error to any Federal

department or agency or any state that

was the source of such erroneous

records.

(e) Upon receipt of notice of the

correction of a contested record from the

originating agency, the FBI or the

agency that contributed the record shall

correct the data in the NICS and the

denying agency shall provide a written

confirmation of the correction of the

erroneous data to the individual for

presentation to the FFL. If the appeal of

a contested record is successful and less

than thirty (30) days have transpired

since the initial check, and there are no

other disqualifying records upon which

the denial was based, the NICS will

communicate a ‘‘proceed’’ response to

the FFL. If the appeal is successful and

more than thirty (30) days have

transpired since the initial check, the

FFL must recheck the NICS (without

being charged a fee) before allowing the

sale to continue. In cases where

multiple disqualifying records are the

basis for the denial, the individual must

pursue a correction for each record.

(f) An individual may also contest the

accuracy or validity of a disqualifying

record by bringing an action against the

state or political subdivision responsible

for providing the contested information,

or responsible for denying the transfer,

or against the United States, as the case

may be, for an order directing that the

contested information be corrected or

that the firearm transfer be approved.

§ 25.11 Prohibited activities and penalties.

(a) State or local agencies, FFLs, or

individuals violating this subpart A

shall be subject to a fine not to exceed

$10,000 and subject to cancellation of

NICS inquiry privileges.

(b) Misuse or unauthorized access

includes, but is not limited to, the

following:

(1) State or local agencies’, FFLs’, or

individuals’ purposefully furnishing

incorrect information to the system to

obtain a ‘‘proceed’’ response, thereby

allowing a firearm transfer;

(2) State or local agencies’’, FFLs’, or

individuals’ purposefully using the

system to perform a check for

unauthorized purposes; and

(3) Any unauthorized person’s

accessing the NICS.

Dated: May 28, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–14795 Filed 6–1–98; 8:45 am]

BILLING CODE 4410–02–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 69 and 80

[FRL–6107–7]

State of Alaska Petition for Exemption

From Diesel Fuel Sulfur Requirement

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of

public comment period.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) is extending

the public comment period on the

Notice of Proposed Rulemaking

(NPRM), which proposes to grant the

State of Alaska an exemption from the

requirements of EPA’s low-sulfur diesel

fuel program for motor vehicles. The

NPRM was published in the Federal

Register on April 28, 1998 (63 FR

23241). The purpose of this notice is to

extend the comment period from May

28, 1998 to June 12, 1998, to allow

commenters additional time to respond

to the NPRM.

DATES: EPA will accept comments on

the NPRM until June 12, 1998.

ADDRESSES: Comments should be

submitted in duplicate to Mr. Richard

Babst, Fuels and Energy Division (6406–

J), 401 M Street SW., Washington, DC

20460. Copies of information relevant to

this NPRM are available for inspection

in public docket A–96–26 at the Air

Docket of the EPA, first floor, Waterside

Mall, room M–1500, 401 M Street SW.,

Washington, DC 20460, (202) 260–7548,

between the hours of 8:00 a.m. to 5:30

p.m. Monday through Friday. A

duplicate public docket has been

established at EPA Alaska Operations

Office-Anchorage, Federal Building,

room 537, 222 W. Seventh Avenue, #19,

Anchorage, AK 99513–7588, and is

available from 8:00 a.m. to 5:00 p.m.

Monday through Friday. A reasonable

fee may be charged for copying docket

materials.

FOR FURTHER INFORMATION CONTACT: For

information concerning the NPRM,

contact Mr. Richard Babst, Fuels and

Energy Division (6406–J), 401 M Street

SW., Washington, DC 20460, 202–564–

9473.; fax 202–565–2085; electronic

mail babst.richard@epa.gov.

Dated: June 1, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 98–14850 Filed 6–3–98; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL SCIENCE FOUNDATION

45 CFR Parts 672 and 673

RIN 3145–AA36

Antarctic Tourism

AGENCY: National Science Foundation

(NSF).

ACTION: Proposed Rule.

SUMMARY: NSF proposes issuing

regulations to implement the

amendments to the Antarctic

Conservation Act of 1978 contained in

the Antarctic Science, Tourism, and

Conservation Act of 1996. These

regulations will require U.S. tour

operators using non-U.S. flagged vessels

for Antarctic expeditions to ensure that

the vessel owner has an emergency

response plan. The regulation also

requires U.S. tour operators to notify

their passengers and crew of their

Antarctic Conservation Act obligations.

DATES: Comments must be received by

August 3, 1998.

ADDRESSES: Comments should be sent to

Anita Eisenstadt, Assistant General

Counsel, National Science Foundation,

4201 Wilson Boulevard, Room 1265,

Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT:

Anita Eisenstadt, Office of the General

Counsel, at 703–306–1060.

SUPPLEMENTARY INFORMATION:

Background

On October 2, 1996, the Antarctic

Science Tourism and Conservation Act

of 1996 (ASTCA) (Pub. L. 104–227)