69594 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 

Rule claiming these exemptions is 

published in today’s Federal Register. 

[FR Doc. 05–22639 Filed 11–15–05; 8:45 am] 

BILLING CODE 4410–16–P 

DEPARTMENT OF JUSTICE 

[AAG/A Order No. 016–2005] 

Privacy Act of 1974; System of 

Records 

Pursuant to the Privacy Act of 1974 (5 

U.S.C. 552a), notice is given that the 

Federal Bureau of Prisons (Bureau or 

BOP), Department of Justice, proposes to 

create a new systems of records entitled 

‘‘Inmate Electronic Message Record 

System, JUSTICE/BOP–013.’’ The 

system notice will become effective 

sixty (60) days from the date of 

publication in the Federal Register. 

The Bureau is creating this new 

program as a pilot project at selected 

sites. Once the pilot is completed and 

evaluated, the Bureau may expand the 

program to all individuals placed under 

the custody of the Bureau pursuant to 

18 U.S.C. 3621 and 5003 (state inmates). 

Title 5 U.S.C. 552a(e)(4) and (11) 

provide that the public be provided a 

30-day period in which to comment. 

The Office of Management and Budget 

(OMB), which has oversight 

responsibilities under the Privacy Act, 

requires that it be given a 40-day period 

in which to review the system. 

Therefore, please submit any comments 

by December 27, 2005. The public, 

OMB, and the Congress are invited to 

send written comments to Mary Cahill, 

Management and Planning Staff, Justice 

Management Division, Department of 

Justice, Washington, DC 20530 (1400 

National Place Building). 

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

the Department has provided a report to 

OMB and the Congress on the proposed 

new system of records. 

Dated: November 7, 2005. 

Paul R. Corts, 

Assistant Attorney General for 

Administration. 

JUSTICE/BOP–013 

SYSTEM NAME: 

Inmate Electronic Message Record 

System. 

SECURITY CLASSIFICATION: 

Not classified. 

SYSTEM LOCATION: 

For the pilot program, records will be 

retained only at selected sites. Once the 

pilot is completed and evaluated, 

records may be retained at any of the 

Federal Bureau of Prisons (Bureau) 

facilities nationwide, or at any location 

operated by a contractor authorized to 

provide computer and/or electronic 

message service to Bureau inmates. A 

list of Bureau facilities may be found at 

28 CFR part 503 and on the Internet at 

http://www.bop.gov. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Current and former inmates, 

including pre-trial detainees, under the 

custody of the Attorney General and/or 

the Director of the Bureau of Prisons; 

recipients of electronic messages from 

current and former inmates; individuals 

on the approved electronic message 

correspondent lists of current or former 

inmates; individuals who request, in 

writing through either traditional mail 

or through electronic message, that the 

Bureau delete their name and electronic 

address from inmate electronic message 

correspondent lists. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in this system include: (1) 

Personal identification data; (2) time 

usage data; (3) electronic message data, 

including date and time of each 

electronic message; the name and 

register number of the inmate who sent 

the electronic message; and the 

electronic address of the message 

recipient and his/her relationship to the 

inmate; digital and compact disc 

recordings of electronic messages; and 

(4) investigatory data developed 

internally as well as any related data 

collected from federal, state, local, tribal 

and foreign law enforcement agencies, 

and from federal and state probation 

and judicial officers. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

18 U.S.C. 3621, 4042, and 5003. 

PURPOSE(S): 

This system of records is maintained 

to manage records relating to inmate 

electronic messages and to ensure that 

inmates exercise their electronic 

message privileges in a manner 

consistent with correctional goals. The 

Bureau of Prisons encourages inmates to 

maintain contact with members of the 

community, including contact through 

the exchange of electronic messages 

directed to socially useful goals. The 

related uses for which the Bureau will 

maintain the system include (1) 

recording of time used by inmates 

writing, receiving, and reviewing 

electronic messages; (2) maintaining 

inmate electronic message 

correspondent lists; (3) monitoring of 

inmate electronic message activity; and 

(4) conducting investigations, e.g., 

investigation of inmate activity related 

to electronic message usage, and/or 

illegal activities or suspected illegal 

activities being conducted, coordinated, 

or directed from within a federal 

correctional institution. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Relevant data from this system will be 

disclosed as follows: 

(a) To any criminal, civil, or 

regulatory law enforcement authority 

(whether federal, state, local, territorial, 

tribal or foreign) where the information 

is relevant to the recipient entity’s law 

enforcement responsibilities, including 

possible criminal violations discovered 

as part of electronic message monitoring 

done for the safety, security and good 

order of penal institutions. 

(b) To contractors, grantees, experts, 

consultants, students, and others 

performing or working on a contract, 

service, grant, cooperative agreement, or 

other assignment for the Federal 

Government, when necessary to 

accomplish an agency function related 

to this system of records; 

(c) To a Member of Congress or staff 

acting upon the Member’s behalf when 

the Member or staff requests the 

information on behalf of, and at the 

request of, the individual who is the 

record subject; 

(d) To the news media and the public 

pursuant to 28 CFR 50.2 unless it is 

determined that release of the specific 

information in the context of a 

particular case would constitute an 

unwarranted invasion of personal 

privacy; 

(e) To the National Archives and 

Records Administration in records 

management inspections conducted 

under the authority of 44 U.S.C. 2904 

and 2906; 

(f) To affected non-inmate record 

subjects to the extent necessary to 

provide such persons with information 

concerning placement and/or removal 

from an inmate’s electronic message 

correspondent list; 

(g) To an individual, organization, or 

governmental entity in order to notify 

them of a serious terrorist threat for the 

purpose of guarding against or 

responding to such a threat; 

(h) In an appropriate proceeding 

before a court, or administrative or 

adjudicative body when the Department 

of Justice determines that the records 

are arguably relevant to the proceeding; 

or in an appropriate proceeding before 

a court, or administrative or 

adjudicative body, when the adjudicator 

determines the records to be relevant to 

the proceeding; 

(i) The Department of Justice may 

disclose relevant and necessary 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices 69595 

information to a former employee of the 

Department for purposes of: responding 

to an official inquiry by a federal, state, 

or local government entity or 

professional licensing authority, in 

accordance with applicable Department 

regulations; or facilitating 

communications with a former 

employee that may be necessary for 

personnel-related or other official 

purposes where the Department requires 

information and/or consultation 

assistance from the former employee 

regarding a matter within that person’s 

former area of responsibility; and 

(j) To federal, state, local, tribal, 

foreign or international licensing 

agencies or associations which require 

information concerning the suitability 

or eligibility of an individual for a 

license or permit. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not Applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information maintained in the system 

is stored in electronic media via a 

configuration of personal computer and 

client/server, and may be accessed by 

those with a need-to-know at all Bureau 

and contractor facilities. Some 

information may be stored in other 

computerized media, e.g., hard disk, 

floppy diskettes, magnetic tape, digital 

recordings, Compact Discs (CDs), and/or 

optical disks. Documentary records are 

maintained in manual file folders and/ 

or on index card files. 

RETRIEVABILITY: 

Records may be retrieved by 

identifying data including name and/or 

register number of inmate; and/or by 

name and/or electronic address of 

message recipient or individual on 

approved inmate electronic message 

correspondent list. 

SAFEGUARDS: 

Information is safeguarded in 

accordance with Bureau rules and 

policy governing automated information 

systems security and access. These 

safeguards include the maintenance of 

records and technical equipment in 

restricted areas, and the required use of 

proper passwords and user 

identification codes to access the 

system. Only those Bureau personnel 

and authorized contractors who require 

access to perform their official duties 

may access the system equipment and 

the information in the system. Bureau 

inmates will only be able to access their 

own sent and received electronic 

messages. 

RETENTION AND DISPOSAL: 

Electronic messages are maintained 

ordinarily for six months from the date 

created, at which time they are 

overwritten with new data. Other 

records in this system may be 

incorporated into another system of 

records, e.g., JUSTICE/BOP–005, Inmate 

Central Records System. Systemgenerated reports are retained for as 

long as they are needed. Computerized 

records are destroyed by degaussing; 

documentary records are destroyed by 

shredding. 

SYSTEM MANAGER(S) AND ADDRESS: 

Assistant Director, Administration 

Division, Federal Bureau of Prisons, 320 

First Street, NW., Washington, DC 

20534. 

NOTIFICATION PROCEDURE: 

Inquiries should be directed to the 

System Manager listed above. 

RECORD ACCESS PROCEDURES: 

All requests for records may be made 

by writing to the Federal Bureau of 

Prisons, 320 First Street, NW., 

Washington, DC 20534. The envelope 

should be clearly marked ‘‘Freedom of 

Information/Privacy Act Request.’’ The 

request should include a general 

description of the records sought, 

including the approximate dates 

covered by the record, the requester’s 

full name, current address, and date, 

and place of birth. Also, if the requester 

is an inmate who requests documents to 

be sent to a third party, the inmate must 

provide with the request an example of 

his or her signature, which must be 

verified and dated within three (3) 

months of the date of request. This 

system of records is exempted from 

access pursuant to 5 U.S.C. 552a(j)(2) 

and/or (k)(2). A determination as to the 

applicability of the exemption to a 

particular record(s) shall be made at the 

time a request for access is received. 

CONTESTING RECORD PROCEDURES: 

Same as above. Requesters may 

contest record procedures by writing to 

the Office of Information and Privacy, 

U.S. Department of Justice, Federal 

Bureau of Prisons, 320 First Street, NW., 

Washington, DC 20530. 

RECORD SOURCE CATEGORIES: 

Records are generated by: individuals 

covered by the system; Bureau staff; 

federal, state, local, tribal, international 

and foreign law enforcement agencies; 

and federal/state probation and judicial 

offices. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Attorney General has exempted 

this system from subsections (c)(3) and 

(4), (d)(1)–(4), (e)(2), (e)(3), (e)(5), and (g) 

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

552a(j)(2) and/or (k)(2). 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. 05–22641 Filed 11–15–05; 8:45 am] 

BILLING CODE 4410–05–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Proposed Termination of Final Decree 

Notice is hereby given that Ludowici 

Roof Tile, Inc. (‘‘Ludowici’’), successor 

in interest to Ludowici-Celadon 

Company (‘‘Ludowici-Celadon’’), a 

defendant in Unitd States v. LudowiciCeladon Co., et al., In Equity No. 9022 

(N.D. III. Mar. 12, 1929), has filed a 

motion to terminate the final Decree 

entered in that matter on March 18, 

1929 (the ‘‘Decree’’). The Antitrust 

Division of the Department of Justice, in 

a Stipulation also filed with the Court, 

tentatively has consented to termination 

of the Decree, but has reserved the right 

to withdraw its consent pending receipt 

of public comments. 

On March 12, 1929, the United States 

filed a Petition against LudowiciCeladon and sixteen individuals, 

including certain exclusive sales agents, 

‘‘preferred roofers,’’ and certain 

Ludowici-Celadon officers, directors, 

and employees. The Petition alleged 

that the defendants conspired to restrain 

interstate trade and commerce in the 

manufacture and sale of ‘‘roofing tile’’

and to monopolize and attempt to 

monopolize such trade. The Decree 

defined ‘‘roofing tile’’ as ‘‘tile produced 

from shale or clay and used as a 

covering for pitched roofs, cornices and 

other exposed surfaces of buildings and 

structures.’’

The Decree perpetually enjoined the 

defendants from continuing the 

conspiracy or entering into any 

combination similar thereto. The Decree 

prohibited the defendants from engaging 

in any exclusionary or otherwise 

potentially or patently anticompetitive 

conduct. The Decree also perpetually 

enjoined Ludowici-Celadon from 

acquiring ownership or control of any 

additional plants engaged in the 

manufacture and sale of roofing tile. 

The Department has filed with the 

Court a memorandum setting forth the 

reasons the United States believes that 

termination of the Decree would serve