Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Notices 18853

1The Miami repository will be physically housed

at DEA facilities; nevertheless, management and

oversight—including the physical security of the

system—will be the responsibility of USMS

personnel. When appropriate, the ‘‘system location’’

will be revised to include additional repositories.

2 Initially, these records will include only those

of the Department of Justice (DOJ) law enforcement

components. However, at such time as other

Continued

400 Albuquerque, New Mexico; the

Region VI Office of the Environmental

Protection Agency, 1445 Ross Avenue,

Dallas, Texas; and at the Consent Decree

Library, 1120 G Street, N.W., 4th Floor,

Washington, DC 20005, (202) 624–0892.

A copy of the proposed Consent Decree

may be obtained in person or by mail

from the Consent Decree Library.

In requesting a copy, please enclose a

check in the amount of $21.25 (25 cents

per page reproduction cost) payable to

the ‘‘Consent Decree Library.’’

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–9106 Filed 4–12–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

Notice is hereby given that a proposed

partial consent decree in United States

v. Pierce, Civil Action No. 83–CV–1623,

was lodged on March 29, 1995 with the

United States District Court for the

Northern District of New York.

The complaint in the Pierce action

was filed pursuant to the

Comprehensive Environmental

Response, Compensation, and Liability

Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq.,

to recover costs incurred by the United

States in taking response actions in

connection with the first operable unit

cleanup at the York Oil Superfund Site

located in Moira, Franklin County, New

York (‘‘Site’’).

The proposed Consent Decree

embodies an agreement by defendant

Aluminum Company of America

(‘‘Alcoa’’) to design and implement a

remedy selected for the first operable

unit at the Site involving the cleanup of

contaminated soils and groundwater.

Alcoa has also agreed to perform the

subsequent operation and maintenance

for this remedial work, and to reimburse

EPA for 40% of the first $400,000 of

EPA’s oversight and periodic review

costs. Alcoa has also agreed to pay

$1,907,259 towards EPA’s past costs at

the Site.

The proposed Consent Decree

includes an agreement by certain federal

agencies (the Department of the Army,

the Department of the Air Force, the

Department of Transportation, and the

U.S. Postal Service) to pay for 35% of

the cost of the remedy and of the cost

of operation and maintenance, and to

reimburse EPA for 35% of the first

$400,000 of EPA’s oversight and

periodic review costs. The federal

agencies have also agreed to pay

$1,668,852 toward EPA’s past costs at

the Site.

The proposed Consent Decree

includes an agreement by sixteen

additional potentially responsible

parties at the Site to pay for

approximately 9% of the cost of the

remedy and of the operation and

maintenance, and to pay $428,881.31

toward EPA’s past costs at the Site. The

proposed Consent Decree also includes

an agreement by the EPA Hazardous

Substance Superfund to pay for 16.11%

of the cost of the remedy.

The proposed Consent Decree

includes a covenant not to sue by the

United States under Sections 106 and

107 of CERCLA, 42 U.S.C. 9606 and

9607, and under Section 7003 of the

Resource Conservation and Recovery

Act (‘‘RCRA’’), 42 U.S.C. § 6973.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

Consent Decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v. Pierce,

DOJ Ref. #90–5–2–1–585. Commenters

may request an opportunity for a public

meeting in the affected area, in

accordance with Section 7003(d) of

RCRA, 42 U.S.C. 6973(d).

The proposed Consent Decree may be

examined at the Region 2 Office of the

Environmental Protection Agency, 290

Broadway, New York, NY 10278, at the

U.S. Attorney’s Office, 100 South

Clinton Street, Syracuse, NY, and at the

Consent Decree Library, 1120 G Street,

N.W., 4th Floor, Washington, D.C.

20005, (202) 624–0892. A copy of the

proposed consent decree may be

obtained in person or by mail from the

Consent Decree Library, 1120 G Street,

N.W., 4th Floor, Washington, D.C.

20005. In requesting a copy please refer

to the referenced case and enclose a

check in the amount of $61.25 (25 cents

per page reproduction costs), payable to

the Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–9107 Filed 4–12–95; 8:45 am]

BILLING CODE 4410–01–M

[AAG/A Order No. 98–95]

Privacy Act of 1974; New System of

Records

Pursuant to the Privacy Act of 1974 (5

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

United States Marshals Service,

Department of Justice (DOJ), proposes to

establish a new system of records

entitled ‘‘Joint Automated Booking

Stations, Justice/USM–014.’’

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

provide that the public be provided a

30-day period in which to comment on

the new routine uses of a system of

records. The Office of Management and

Budget (OMB), which has oversight

responsibility under the Act, requires

that it be given a 40-day period in which

to review the new system.

Therefore, please submit any

comments by May 15, 1995. The public,

OMB, and the Congress are invited to

send written comments to Patricia E.

Neely, Systems Policy Staff, Justice

Management Division, Department of

Justice, Washington, DC 20503 (Room

850, WCTR Building).

A description of the system of records

is provided below. In accordance with

5 U.S.C. 552a(r), DOJ has provided a

report on the proposed new system to

OMB and the Congress.

Dated: March 30, 1995.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

USM–014

SYSTEM NAME:

Joint Automated Booking Stations

(JABS), USM–014

SYSTEM LOCATION:

U.S. Marshals Service (USMS)

headquarters, 600 Army Navy Drive,

Arlington, Va. 22202–4210; and regional

office of the Drug Enforcement

Administration (DEA) at 6320 NW 2nd

Avenue, North Miami Beach, FL 33167.1

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Alleged criminal offenders who have

been arrested and booked.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records may include certain generic

or ‘‘common’’ data elements which have

been collected by an arresting Federal,

State, or local agency and booked by

that agency at its automated booking

station (ABS), or booked by an agency

on behalf of another agency which

performed the arrest.2 Such common
18854 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Notices

Federal, State and local agencies either establish

similar ABS’s or use the ABS of another agency to

upload ‘‘common’’ data to the repositories (i.e.,

‘‘common’’ data as described by this system of

records), this system of records will also include

records provided by non-DOJ law enforcement

agencies.

data (approximately 60 data elements)

have been identified by law

enforcement as those case and

biographical data generally collected by

the law enforcement community during

booking arrests, e.g., name, date and

place of birth, citizenship, hair and eye

color, height and weight, occupation,

social security number, place, date and

time of arrest and jail location, charge,

armed description, sentenced or

unsentenced, and health status, etc.

Such data may also include case agent

name, notes and observations regarding

subjects’ physical or mental condition,

degree of psychological stability or

acumen, reported use of habit forming

substances, substances for which the

subject has a valid prescription, names

of individuals from which the subject is

to be segregated, extraordinary handling

procedures to include precautionary

warnings, names of acquaintances

(criminal/non-criminal), Federal writ,

and any other pertinent information

related to known activities relevant or

unique to the record subject. Finally, as

the technology is developed, such data

may include electronic fingerprints,

mugshots, and voice samples.

Categories of records may include

paper records where the USMS has a

need to print copies, e.g., copies of

mugshots.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

28 U.S.C. 534, 564; 5 U.S.C. 301 and

44 U.S.C. 3101.

PURPOSE:

The primary purpose of the JABS

system is to enable Federal, State, and

local agencies which conduct arrests

and/or booking activities to store such

data in regional repositories to eliminate

duplication efforts among multiple law

enforcement agencies participating in a

single booking/arrest, to follow the

arrestee through the booking process,

and thereby share ‘‘realtime’’ booking

and arrest data within a region. It will

also assist in ancillary law enforcement

efforts by permitting law enforcement to

learn of the arrest and apprehension of

a fugitive by another agency in that

region; verify the identity of an arrestee

or, as the technology is developed,

obtain identifying data that will assist

with surveillance and wiretap activities

in the event the arrestee becomes a

fugitive subsequent to booking. Finally,

it may assist other judicial/law

enforcement agencies in obtaining such

information as will permit them to

perform their official duties.

JABS will also assist law enforcement

at the national level through interface of

its regional repositories with the Federal

Bureau of Investigation’s (FBI)

Identification Division Records System,

Justice/FBI–009 (IDENT). IDENT

currently serves as a ‘‘national’’

repository for fingerprint data. As the

technology is developed, electronic

fingerprint, mugshot, and voice sample

data, together with certain personally

identifying data, date of arrest, etc. may

be copied from JABS regional

repositories to IDENT. (Consistent with

published routine use disclosures for

the IDENT system of records, IDENT

may then respond to electronic inquiries

from other JABS regional repositories to

verify fingerprint or other identifying

data, to learn of the arrest of a fugitive

in another regional jurisdiction; and/or,

where indicated by the IDENT record, to

allow an inquiring regional repository to

determine that a more complete arrest

record resides with, and may be

requested from, another JABS regional

repository; and/or to otherwise assist in

the conduct of other authorized law

enforcement activities such as

surveillance and wiretap.)

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

(a) The regional repositories may be

electronically accessed by Federal,

State, and local law enforcement

agencies to input and retrieve booking

and arrests data on criminal offenders

and thereby eliminate the need for

duplicate bookings in that region, i.e.,

the collection of much the same data by

multiple agencies in prisoner processing

activities involving such agencies from

arrest through incarceration. (For

example, an individual arrested by the

Bureau of Alcohol, Tobacco, and

Firearms (ATF) and transported by the

USMS to a Federal correctional

institution may be processed by ATF,

USMS, and the Bureau of Prisons.) Such

repositories may be electronically

accessed by these and other local law

enforcement agencies in the region also

for other law enforcement purposes

such as to learn about the arrest of a

fugitive wanted in several local

jurisdictions, to verify the identity of an

arrestee, or to assist in the conduct of

surveillance and/or wiretap activities. In

addition, access by one regional

repository to the complete record

residing in another regional repository,

e.g., to obtain access to the record of a

fugitive wanted in one or more regional

jurisdictions, may be accomplished by a

telephone request until such time as

technology may permit electronic

requests between regional repositories.

Further, at such time as the technology

is available, other judicial/law

enforcement agencies such as the courts,

probation, and parole agencies may

have direct electronic access to JABS in

order to obtain data which may assist

them in performing their official duties.

For example, the courts may need direct

electronic access to verify the identity of

an individual who appears in court

claiming not to be the individual

identified by the arresting agency.

Finally, where necessary and/or

appropriate, the USMS may disclose

relevant information from the

repositories as follows:

(b) To any Federal, State, and/or local

authorities to the extent necessary to

permit them to perform their law

enforcement responsibilities; or to any

Federal, State, and/or local authorities,

or to any other entity or person, to the

extent required to solicit information

necessary for law enforcement purposes;

(c) To other judicial/law enforcement

agencies such as the courts, probation,

and parole agencies to assist them in

performing their official duties;

(d) To a Federal agency in response to

its request and in connection with

hiring or retention of an employee, the

issuance of the required security

clearance, the reporting of an

investigation of an employee, the letting

of a contract, or the issuance of a

license, grant or other benefit by the

requesting agency, to the extent that the

information relates to the requesting

agency’s decision on the matter;

(e) To private contractors and/or

maintenance personnel but only to the

extent that access is needed to perform

contractual duties such as maintenance

or other administrative support

operations;

(f) To a Member of Congressor 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

subject of the record;

(g) 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;

(h) To a court or adjudicative body

before which the USMS or other

appropriate DOJ component is

authorized to appear when any of the

following is a party to litigation or has

an interest in litigation and such records

are determined by the USMS or other
Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Notices 18855

appropriate DOJ component to be

arguably relevant to the litigation:

(i) The USMS or DOJ component, or

any subdivision thereof, or (ii) any

employee of the USMS or DOJ in his or

her official capacity, or (iii) any

employee of the USMS or DOJ in his or

her individual capacity where the DOJ

has agreed to represent the employee, or

(iv) the United States, where the DOJ

determines that the litigation is likely to

affect it or any of its subdivisions;

(i) To the National Archives and

Records Administration (NARA) and the

General Services Administration in

records management inspections

conducted under the authority of 44

U.S.C. 2904 and 2906;

(j) To complainants and/or victims to

the extent necessary to provide such

persons with information and

explanations concerning the progress

and/or results of an investigation or case

(e.g. an arrest) arising from the matters

of which they complained and/or of

which they were a victim; and

(k) To any person or entity to the

extent necessary to prevent an imminent

and potential crime which directly

threatens loss of life or serious bodily

injury.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored in computerized

media and on printed copy.

RETRIEVABILITY:

Data may be retrieved by name or

identifying number.

SAFEGUARDS:

Access will be limited to those with

a need to know. Facilities and offices

which house computer systems will be

protected at all times by appropriate

locks, security guards, and/or alarm

systems. Access to the systems

equipment is limited to those with a

need-to-know through encryption and

password protection measures.

RETENTION AND DISPOSAL:

A disposition schedule will be

developed for approval by the USMS

Records Management Officer and

NARA. Upon approval of such

schedule, this notice will be revised to

reflect the correct retention and disposal

schedule for these records.

SYSTEM MANAGER(S) AND ADDRESS:

Director, U.S. Marshals Service, 600

Army-Navy Drive, Arlington, Virginia

22202–4210

NOTIFICATION PROCEDURE:

Same as ‘‘Record Access Procedures.’’

RECORD ACCESS PROCEDURE:

Address all requests for access to

JABS records, in writing, to the system

manager identified above, ‘‘Attention:

FOIA/PA Officer.’’ Clearly mark the

letter and envelope ‘‘Privacy Act

request.’’ Clearly indicate the name of

the requester, nature of the record

sought, and approximate date of the

record. In addition, provide the required

verification of identity (28 CFR 16.41(d))

and a return address for transmitting the

information.

CONTESTING RECORDS PROCEDURE:

Same as above.

RECORD SOURCE CATEGORIES:

The record subject; Federal, State, and

local law enforcement personnel; the

courts; and medical personnel.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

The Attorney General has exempted

records in this system from subsections

(c) (3) and (4), (d), (e) (1), (2) and (3),

(e)(5), (e)(8), and (g) of the Privacy Act

pursuant to 5 U.S.C. 552a(j)(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. 95–9105 Filed 4–12–95; 8:45 am]

BILLING CODE 4410–01–M

Antitrust Division

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—High Performance

Composites Cooperative Arrangement

Notice is hereby given that, on

November 17, 1994, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’), BDM

Federal, Inc., acting on behalf of the

High Performance Composites

Cooperative Arrangement (‘‘HPC’’), has

filed written notifications

simultaneously with the Attorney

General and the Federal Trade

Commission disclosing a change in

membership. The notifications were

filed for the purpose of extending the

Act’s provisions limiting the recovery of

antitrust plaintiffs to actual damages

under specified circumstances.

Specifically, AVCO Corporation, acting

through its Textron Specialty Materials

Division, Lowell, MA, has become a

member of the HPC.

No other changes have been made in

either the membership or planned

activity of the HPC. Membership

remains open, and the HPC intends to

file additional written notification

disclosing all changes in membership.

On April 6, 1994, BDM Federal, Inc.,

acting on behalf of the HPC, filed its

original notification pursuant to Section

6(a) of the Act. The Department of

Justice published a notice in the Federal

Register pursuant to Section 6(b) of the

Act on June 3, 1994 (59 FR 28899).

The last notification was filed with

the Department on September 21, 1994.

A notice was published in the Federal

Register on February 8, 1995 (60 FR

7584).

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 95–9111 Filed 4–12–95; 8:45 am]

BILLING CODE 4410–01–M

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—Bell Communications

Research, Inc.

Notice is hereby given that, on August

18, 1994, pursuant to Section 6(a) of the

National Cooperative Research and

Production Act of 1993, 15 U.S.C. 4301

et seq. (‘‘the Act’’), Bell

Communications Research, Inc.,

(‘‘Bellcore’’) has filed written

notifications on behalf of Bellcore;

Hughes Network Systems (‘‘Hughes’’);

and Motorola Inc. (‘‘Motorola’’)

simultaneously with the Attorney

General and the Federal Trade

Commission disclosing (1) the identities

of the parties and (2) the nature and

objectives of the venture. The

notifications were filed for the purpose

of invoking the Act’s provisions limiting

the recovery of antitrust plaintiffs to

actual damages under specified

circumstances. Pursuant to Section 6(b)

of the Act, the identities of the parties

are Bellcore, Livingston, NJ; Hughes,

Germantown, MD; and Motorola,

Schaumburg, IL.

Bellcore; Hughes; and Motorola

entered into an agreement effective as of

July 28, 1994, to engage in cooperative

research into technologies related to

wireless access communications

systems (WACS) and derivatives thereof

to better understand the feasibility and

application of these technologies for

exchange and access services, including

experimental prototype fabrication for

the demonstration of such technology

and obtaining an understanding of the

issues on which technical standards can

be proposed to public standards bodies.

Constance K. Robinson,

Director of Operations, Antitrust Division.

[FR Doc. 95–9109 Filed 4–12–95; 8:45 am]

BILLING CODE 4410–01–M