19774 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Notices

Foundry Supply, Inc., et al, Civ. Act.

No. 1:92–CV–567, was lodged with the

United States District Court for the

Eastern District of Tennessee on March

29, 1995. This action was brought

pursuant to Section 107 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as amended, 42 U.S.C.

9607.

The parties to this Consent Decree are

Southern Foundry Supply, Inc.; the City

of Chattanooga, Tennessee; PhelpsDodge Corporation; Textile Rubber and

Chemical Company, Inc.; NSPS, Inc.;

Norfolk Southern Railway Company;

Provident Life and Accident Insurance

Company; CSX Transportation, Inc.;

Edward and Helen Gomberg; and

Browning-Ferris Industries of

Tennessee, Inc. These parties agree to

pay the United States $1,159,000 in

reimbursement of costs incurred in

responding to the release or threatened

release of hazardous substances at the

Amnicola Dump Site in Chattanooga,

Tennessee.

The Department of Justice will receive

comments relating to the proposed

Consent Decree for a period of 30 days

from the date of this publication.

Comments should be addressed to the

Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice, 10th

and Pennsylvania Avenue NW.,

Washington, D.C. 20530. All comments

should refer to United States v.

Southern Foundry Supply, Inc., et al,

DOJ Ref. #90–11–3–664A.

The proposed Consent Decree may be

examined at the office of the United

States Attorney, 1110 Market Street,

Chattanooga, Tennessee 37402. A copy

of the proposed Consent Decree may be

obtained in person or by mail from the

Consent Decree Library, 1120 ‘‘G’’ Street

NW., 4th Floor, Washington, D.C.

20005. When requesting a copy, please

refer to the referenced case and enclose

a check in the amount of $7.75 (25 cents

per page copying cost), payable to the

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–9799 Filed 4–19–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Consent Decree

Pursuant to the Safe Drinking Water

Act, the Clean Air Act, and the

Resource Conservation and Recovery

Act

In accordance with Departmental

policy, 28 C.F.R. § 50.7, notice is hereby

given that a proposed consent decree in

United States v. Witco Corporation, et

al., Civil Action No. CV–F–92–5705

REC, was lodged on April 5, 1995 with

the United States District Court for the

Eastern District of California.

The proposed consent decree resolves

a case brought by the United States

pursuant to the Clean Air Act, Safe

Drinking Water Act, and Resource

Conservation and Recovery Act against

Witco Corporation (‘‘Witco’’) and

Catalyst Golden Bear Cogeneration

Partnership (‘‘Catalyst’’) for violations

committed at Witco’s refinery located in

Oildale, California (‘‘Refinery’’).

The proposed consent decree requires

Witco and Catalyst jointly to pay

$700,000 in civil penalties. The

proposed decree also requires Witco to

construct and operate a wastewater

recycling system as a supplemental

environmental Project and to comply

with the following injunctive relief

demands: Conducting site

characterization work to determine the

extent of soil and groundwater

contamination at and around the

Refinery; permanently closing and

abandoning all injection wells at the

Refinery; installing air pollution control

and emissions monitoring equipment on

certain Refinery equipment and

complying with all federal regulations

applicable to that equipment; complying

with the applicable State

Implementation Plan; and training

Refinery employees concerning the

proper disposal of solvents in the

Refinery’s laboratory.

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. Witco

Corporation, et al., DOJ Ref. #90–5–1–1–

3643.

The proposed consent decree may be

examined at the office of the United

States Attorney, 3654 Federal Building,

1130 ‘‘O’’ Street, Fresno, CA 93721 (209)

487–5820; the Region IX Office of the

Environmental Protection Agency, 75

Hawthorne Street, San Francisco, CA

94105; and at the Consent Decree

Library, 1120 G Street NW., 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 NW., 4th Floor,

Washington, D.C. 20005. In requesting a

copy please refer to the referenced case

and enclose a check in the amount of

$16.75 (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. 95–9740 Filed 4–19–95; 8:45 am]

BILLING CODE 4410–01–M

[AAG/A Order No. 100–95]

Privacy Act of 1974; Modified System

of Records

Pursuant to the Privacy Act of 1974 (5

U.S.C. 552a) and Office of Management

and Budget Circular No. A–130, notice

is given that the Department of Justice

(DOJ), Federal Bureau of Investigation

(FBI), is modifying the following system

of records which was last published in

the Federal Register on March 10, 1992

(57 FR 8479):

National Crime Information Center

(NCIC), Justice/FBI–001

The NCIC is maintained for law

enforcement purposes and provides a

computerized data base for ready access

by a criminal justice agency making an

inquiry, and for prompt disclosure of

responsive information in the system

from other criminal justice agencies

about crime and criminals. The FBI is

modifying this system to add the names

and identifying data of persons who are

members of violent criminal gangs and

terrorist organizations. This information

will assist law enforcement in criminal

investigations of these individuals and

organizations, and in the protection of

officers and others encountering these

individuals. Changes related to this

modification have been made

throughout the system description.

In addition, the FBI is removing a

reference to exemption from subsection

(f) which it had inadvertently included

in the prior publication of this system

of records. However, a rule document

which would include a reason for the

exemption was never promulgated, and

the DOJ/FBI is in compliance with this

provision. Therefore, the erroneous

reference to subsection (f) had no effect

on the public, and the removal of any

reference thereto constitutes a minor

correction. Other minor changes have

been made to improve and add clarity.

Where possible, changes have been

noted by italics for the convenience of

the public.

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

provide that the public be given 30 days

in which to comment on any new or

intended uses of information in the

system. While no new routine uses have

been added, an opportunity to comment
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Notices 19775

is provided because the existing routine

uses may affect the new categories of

individuals. In addition, the Office of

Management and Budget (OMB), which

has oversight responsibilities under the

Act, requires that OMB and the

Congress be given 40 days in which to

review major changes to the system.

Therefore, the public, OMB, and the

Congress are invited to submit written

comments to Patricia E. Neely, Staff

Assistant, Systems Policy Staff,

Information Resources Management,

Department of Justice, Washington, DC

20530 (Room 850, WCTR Building).

Comments from the public should be

submitted May 22, 1995.

In accordance with Privacy Act

requirements, the DOJ has provided a

report on the modified system to the

OMB and the Congress.

Dated: April 4, 1995.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

JUSTICE/FBI 001

SYSTEM NAME:

National Crime Information Center

(NCIC).

SYSTEM LOCATION:

Federal Bureau of Investigation: J.

Edgar Hoover Bldg., 10th and

Pennsylvania Avenue NW., Washington,

DC 20535.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

A. Wanted Persons: 1. Individuals for

whom Federal warrants are outstanding.

2. Individuals who have committed or

have been identified with an offense

which is classified as a felony or serious

misdemeanor under the existing penal

statutes of the jurisdiction originating

the entry and for whom a felony or

misdemeanor warrant has been issued

with respect to the offense which was

the basis of the entry. Probation and

parole violators meeting the foregoing

criteria.

3. A ‘‘Temporary Felony Want’’ may

be entered when a law enforcement

agency has need to take prompt action

to establish a ‘‘want’’ entry for the

apprehension of a person who has

committed or the officer has reasonable

grounds to believe has committed, a

felony and who may seek refuge by

fleeing across jurisdictional boundaries

and circumstances preclude the

immediate procurement of a felony

warrant. A ‘‘Temporary Felony Want’’

shall be specifically identified as such

and subject to verification and support

by a proper warrant within 48 hours

following the entry of a temporary want.

The agency originating the ‘‘Temporary

Felony Want’’ shall be responsible for

subsequent verification or re-entry of a

permanent want.

4. Juveniles who have been

adjudicated delinquent and who have

escaped or absconded from custody,

even though no arrest warrants were

issued. Juveniles who have been

charged with the commission of a

delinquent act that would be a crime if

committed by an adult, and who have

fled from the state where the act was

committed.

5. Individuals who have committed or

have been identified with an offense

committed in a foreign country, which

would be a felony if committed in the

United States, and for whom a warrant

of arrest is outstanding and for which

act an extradition treaty exists between

the United States and that country.

6. Individuals who have committed or

have been identified with an offense

committed in Canada and for whom a

Canada-Wide Warrant has been issued

which meets the requirements of the

Canada-U.S. Extradition Treaty, 18

U.S.C. 3184.

B. Individuals who have been charged

with serious and/or significant offenses:

1. Individuals who have been

fingerprinted and whose criminal

history record information has been

obtained.

2. Violent Felons: Persons with three

or more convictions for a violent felony

or serious drug offense as defined by 18

U.S.C. § 924(e).

C. Missing Persons: 1. A person of any

age who is missing and who is under

proven physical/mental disability or is

senile, thereby subjecting that person or

others to personal and immediate

danger.

2. A person of any age who is missing

under circumstances indicating that the

disappearance was not voluntary.

3. A person of any age who is missing

under circumstances indicating that that

person’s physical safety may be in

danger.

4. A person of any age who is missing

after a catastrophe.

5. A person who is missing and

declared unemancipated as defined by

the laws of the person’s state of

residence and does not meet any of the

entry criteria set forth in 1–4 above.

D. Individuals designated by the U.S.

Secret Service as posing a potential

danger to the President and/or other

authorized protectees.

E. Members of Violent Criminal

Gangs: Individuals about whom

investigation has developed sufficient

information to establish membership in

a particular violent criminal gang by

either:

1. Self admission at the time of arrest

or incarceration, or

2. Any two of the following criteria:

a. Identified as a gang member by a

reliable informant;

b. Identified as a gang member by an

informant whose information has been

corroborated;

c. Frequents a gang’s area, associates

with known members, and/or affects

gang dress, tattoos, or hand signals;

d. Has been arrested multiple times

with known gang members for offenses

consistent with gang activity; or

e. Self admission (other than at the

time of arrest or incarceration).

F. Members of Terrorist

Organizations: Individuals about whom

investigations has developed sufficient

information to establish membership in

a particular terrorist organization using

the same criteria listed above in

paragraph E, items 1 and 2 a–e, as they

apply to members of terrorist

organizations rather than members of

violent criminal gangs.

G. Unidentified Persons: 1. Any

unidentified deceased person. 2. Any

person who is living and unable to

ascertain the person’s identity (e.g.,

infant, amnesia victim). 3. Any

unidentified catastrophe victim. 4. Body

parts when a body has been

dismembered.

CATEGORIES OF RECORDS IN THE SYSTEM:

A. Stolen Vehicle File: 1. Stolen

vehicles. 2. Vehicles wanted in

conjunction with felonies or serious

misdemeanors. 3. Stolen vehicle parts

including certificates of origin or title.

B. Stolen License Plate File.

C. Stolen Boat File.

D. Stolen Gun File: 1. Stolen guns. 2.

Recovered guns, when ownership of

which has not been established.

E. Stolen Article File.

F. Securities File: 1. Serially

numbered stolen, embezzled or

counterfeited, securities.

2. ‘‘Securities’’ for present purposes of

this file are currently (e.g., bills, bank

notes) and those documents or

certificates which generally are

considered to be evidence of debt (e.g.,

bonds, debentures, notes) or ownership

of property (e.g., common stock,

preferred stock), and documents which

represent subscription rights, warrants

and which are of the types traded in the

securities exchanges in the United

States, except for commodities futures.

Also, included are warehouse receipts,

travelers checks and money orders.

G. Wanted Person File: Described in

‘‘CATEGORIES OF INDIVIDUALS

COVERED BY THE SYSTEM. A. Wanted

Persons, 1–4.’’

H. Foreign Fugitive File:

Identification data regarding persons
19776 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Notices

who are fugitives from foreign countries,

who are described in ‘‘CATEGORIES OF

INDIVIDUALS COVERED BY THE

SYSTEM: A. Wanted Persons, 5 and 6.’’

I. Interstate Identification Index File:

A cooperative Federal-state program for

the interstate exchange of criminal

history record information for the

purpose of facilitating the interstate

exchange of such information among

criminal justice agencies. Described in

‘‘CATEGORIES OF INDIVIDUALS

COVERED BY THE SYSTEM: B. 1.’’

J. Identification records regarding

persons enrolled in the United States

Marshals Service Witness Security

Program who have been charged with

serious and/or significant offenses:

Described in ‘‘CATEGORIES OF

INDIVIDUALS COVERED BY THE

SYSTEM: B.’’

K. Bureau of Alcohol, Tobacco, and

Firearms (BATF) Violent Felon File:

Described in ‘‘CATEGORIES OF

INDIVIDUALS COVERED BY THE

SYSTEM: B. 2.’’

L. Missing Person File: Described in

‘‘CATEGORIES OF INDIVIDUALS

COVERED BY THE SYSTEM: C. Missing

Persons.’’

M. U.S. Secret Service Protective File:

Described in ‘‘CATEGORIES OF

INDIVIDUALS COVERED BY THE

SYSTEM: D.’’

N. Violent Criminal Gang File: A

cooperative Federal-state program for

the interstate exchange of criminal gang

information. For the purpose of this file,

a ‘‘gang’’ is defined as a group of three

or more persons with a common

interest, bond, or activity characterized

by criminal or delinquent conduct.

Described in ‘‘CATEGORIES OF

INDIVIDUALS COVERED BY THE

SYSTEM: E. Members of Violent

Criminal Gangs.’’

O. Terrorist File: A cooperative

Federal-state program for the exchange

of information about terrorist

organizations and individuals. For the

purposes of this file, ‘‘terrorism’’ is

defined as activities that involve violent

acts or acts dangerous to human life

that are a violation of the criminal laws

of the United States or any state or

would be a criminal violation if

committed within the jurisdiction of the

United States or any state, which appear

to be intended to:

1. Intimidate or coerce a civilian

population,

2. Influence the policy of a

government by intimidation or coercion,

or

3. Affect the conduct of a government

by crimes or kidnapping. Described in

‘‘CATEGORIES OF INDIVIDUALS

COVERED BY THE SYSTEM: F.

Members of Terrorist Organizations.’’

P. Unidentified Person File: Described

in ‘‘CATEGORIES OF INDIVIDUALS

COVERED BY THE SYSTEM: G.

Unidentified Persons.’’

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

The system is established and

maintained in accordance with 28

U.S.C. § 534; Department of Justice

Appropriation Act, 1973, Pub. L. 92–

544, 86 Stat. 1115, Securities Acts

Amendment of 1975, Pub. L. 94–29, 89

Stat. 97; and 18 U.S.C. § 924 (e). Exec.

Order No. 10450, 3 CFR (1974).

PURPOSE:

The purpose for maintaining the NCIC

system of record is to provide a

computerized data base for ready access

by a criminal justice agency making an

inquiry and for prompt disclosure of

information in the system from other

criminal justice agencies about crimes

and criminals. This information assists

authorized agencies in criminal justice

objectives, such as apprehending

fugitives, locating missing persons,

locating and returning stolen property,

as well as in the protection of the law

enforcement officers encountering the

individuals described in the system.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Data in NCIC files is exchanged with

and for the official use of authorized

officials of the Federal Government, the

States, cities, penal and other

institutions, and certain foreign

governments. The data is exchanged

through NCIC lines to Federal criminal

justice agencies, criminal justice

agencies in the 50 States, the District of

Columbia, Puerto Rico, U.S. Possessions

and U.S. Territories. Additionally, data

contained in the various ‘‘want files,’’

i.e., the stolen vehicle file, stolen license

plate file, stolen gun file, stolen article

file, wanted person file, securities file,

boat file, and missing person data may

be accessed by the Royal Canadian

Mounted Police. Criminal history data is

disseminated to non-criminal justice

agencies for use in connection with

licensing for local/state employment or

other uses, but only where such

dissemination is authorized by Federal

or state statutes and approved by the

Attorney General of the United States.

Data in NCIC files, other than the

information described in ‘‘CATEGORIES

OF RECORDS IN THE SYSTEM: I, J, K,

M, N, and O,’’ is disseminated to (1) a

nongovernmental agency subunit

thereof which allocates a substantial

part of its annual budget to the

administration of criminal justice,

whose regularly employed peace

officers have full police powers

pursuant to state law and have complied

with the minimum employment

standards of governmentally employed

police officers as specified by state

statute; (2) a noncriminal justice

governmental department of motor

vehicle or driver’s license registry

established by a statute, which provides

vehicles registration and driver record

information to criminal justice agencies;

(3) a governmental regional dispatch

center, established by a state statute,

resolution, ordinance or Executive

order, which provides communications

services to criminal justice agencies;

and (4) the national Automobile Theft

Bureau, a nongovernmental nonprofit

agency which acts as a national

clearinghouse for information on stolen

vehicles and offers free assistance to law

enforcement agencies concerning

automobile thefts, identification and

recovery of stolen vehicles.

Disclosures of information from this

system, as described above, are for the

purpose of providing information to

authorized agencies to facilitate the

apprehension of fugitives, the location

of missing persons, the location and/or

return of stolen property, or similar

criminal justice objectives.

Information on missing children,

missing adults who were reported

missing while children, and

unidentified living and deceased

persons may be disclosed to the

National Center for Missing and

Exploited Children (NCMEC). The

NCMEC is a nongovernmental,

nonprofit, federally funded corporation,

serving as a national resource and

technical assistance clearinghouse

focusing on missing and exploited

children. Information is disclosed to

NCMEC to assist it in its efforts to

provide technical assistance and

education to parents and local

governments regarding the problems of

missing and exploited children, and to

operate a nationwide missing children

hotline to permit members of the public

to telephone the Center from anywhere

in the United States with information

about a missing child.

In addition, information may be

released 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;

To a Member of Congress or staff

acting upon the member’s behalf whom

the member or staff requests the

information on behalf of and at the

request of the individual who is the

subject of the record; and,
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Notices 19777

To the National Archives and Records

Administration and the General

Services Administration in records

management inspections conducted

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

and 2906.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE

Information maintained in the NCIC

system is stored electronically for use in

a computer environment.

RETRIEVABILITY:

On line access to data in NCIC is

achieved by using the following search

descriptors:

A. Stolen Vehicle File:

1. Vehicle identification number;

2. Owner applied number;

3. License plate number;

4. NCIC number (unique number

assigned by NCIC computer to each

NCIC record.)

B. Stolen License Plate File:

1. License plate number;

2. NCIC number.

C. Stolen Boat File:

1. Registration document number;

2. Hull serial number;

3. Owner applied number;

4. NCIC number.

D. Stolen Gun File:

1. Serial number of gun;

2. NCIC number.

E. Stolen Article File:

1. Serial number of article;

2. Owner applied number;

3. NCIC number.

F. Securities File:

1. Type, serial number, denomination

of security, and issuer for other than

U.S. Treasury issues and currency;

2. Type of security and name of owner

of security;

3. Social Security number of owner of

security (it is noted the requirements of

the Privacy Act with regard to the

solicitation of Social Security numbers

have been brought to the attention of the

members of the NCIC system);

4. NCIC number.

G. Wanted Person File:

1. Name and one of the following

numerical identifiers:

a. Date of birth;

b. FBI number (number assigned by

the Federal Bureau of Investigation to

an arrest fingerprint record);

c. Social Security number (it is noted

the requirements of the Privacy Act with

regard to the solicitation of Social

Security numbers have been brought to

the attention of the members of the

NCIC system);

d. Operator’s license number (driver’s

number);

e. Miscellaneous identifying number

(military number or number assigned by

Federal, state, or local authorities to an

individual’s record);

f. Originating agency case number;

2. Vehicle or license plate known to

be in the possession of the wanted

person;

3. NCIC number.

H. Foreign Fugitive File: See G, above.

I. Interstate Identification Index File:

1. Name, sex, race, and date of birth;

2. FBI number;

3. State identification number;

4. Social Security number;

5. Miscellaneous identifying number.

J. Witness Security Program File: See

G, above.

K. BATF Violent Felon File: See G,

above.

L. Missing Person File: See G, above,

plus the age, sex, race, height and

weight, eye and hair color of the missing

person.

M. U.S. Secret Service Protective File:

See G, above.

N. Violent Criminal Gang File: See G,

above.

O. Terrorist File: See G, above.

P. Unidentified Person File: the age,

sex, race, height and weight, eye and

hair color of the unidentified person.

SAFEGUARDS:

Data stored in the NCIC is

documented criminal justice agency

information and access to that data is

restricted to duly authorized criminal

justice agencies. The following security

measures are the minimum to be

adopted by all criminal justice agencies

having access to the NCIC.

Interstate Identification Index (III)

File. These measures are designed to

prevent unauthorized access to the

system data and/or unauthorized use of

data obtained from the computerized

file.

1. Computer Center. a. 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.

b. Since personnel at these computer

centers can have access to data stored in

the system, they must be screened

thoroughly under the authority and

supervision of an NCIC 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. c. All visitors to

these computer centers must be

accompanied by staff personnel at all

times. d. Computers having access to the

NCIC must have the proper computer

instructions written and other built-in

controls to prevent criminal history data

from being accessible to any terminals

other than authorized terminals. e.

Computers having access to the NCIC

must maintain a record of all

transactions against the criminal history

file in the same manner the NCIC

computer logs all transactions. The

NCIC identifies each specific agency

entering or receiving information and

maintains a record of those transactions.

This transaction record must be

monitored and reviewed on a regular

basis to detect any possible misuse of

criminal history data. f. Each State

Control terminal shall build its data

system around a central computer,

through which each inquiry must pass

for screening and verification. The

configuration and operation of the

center shall provide for the integrity of

the data base.

2. Communications: a. Lines/channels

being used to transmit criminal history

information must be dedicated solely to

criminal justice, i.e., there must be no

terminals belonging to agencies outside

the criminal justice system sharing these

lines/channels. b. Physical security of

the lines/channels must be protected to

guard against clandestine devices being

utilized to intercept or inject system

traffic.

3. Terminal Devices Having Access to

NCIC: a. All agencies having terminals

on this system must be required to

physically place these terminals in

secure locations within the authorized

agency. b. The agencies having

terminals with access to criminal

history must screen terminal operators

and restrict access to the terminal to a

minimum number of authorized

employees. c. Copies of criminal history

data obtained from terminal devices

must be afforded security to prevent any

unauthorized access to or use of the

data. d. All remote terminals on NCIC III

will maintain a manual or automated

log of computerized criminal history

inquiries with notations of individuals

making requests for records for a

minimum of one year.

RETENTION AND DISPOSAL:

Unless otherwise removed, records

will be retained in files as follows:

A. Vehicle File: a. Unrecovered stolen

vehicle records (including snowmobile

records) which do not contain vehicle

identification numbers (VIN) or Ownerapplied number (OAN) therein, will be

purged from file 90 days after date of

entry. Unrecovered stolen vehicle

records (including snowmobile records)

which contain VIN’s or OANs will
19778 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Notices

remain in file for the year of entry plus

4.

b. Unrecovered vehicles wanted in

conjunction with a felony will remain in

file for 90 days after entry. In the event

a longer retention period is desired, the

vehicle must be reentered. c.

Unrecovered stolen VIN plates,

certificates of origin or title, and serially

numbered stolen vehicle engines or

transmissions will remain in file for the

year of entry plus 4.

(Job No. NC1–65–82–4, Part E. 13 h.(1))

B. License Plate File: Unrecovered

stolen license plates will remain in file

for one year after the end of the plate’s

expiration year as shown in the record.

(Job No. NC1–65–82–4, Part E. 13 h.(2))

C. Boat File: Unrecovered stolen boat

records, which contain a hull serial

number of an OAN, will be retained in

file for the balance of the year entered

plus 4. Unrecovered stolen boat records

which do not contain a hull serial

number or an OAN will be purged from

file 90 days after date of entry.

(Job No. NC1–65–82–4, Part E. 13 h.(6))

D. Gun file: a. Unrecovered weapons

will be retained in file for an indefinite

period until action is taken by the

originating agency to clear the record. b.

Weapons entered in file as ‘‘recovered’’

weapons will remain in file for the

balance of the year entered plus 2.

(Job No. NC1–65–82–4, Part E. 13 h.(3))

E. Article File: Unrecovered stolen

articles will be retained for the balance

of the year entered plus one year.

(Job No. NC1–65–82–4, Part E. 13 h.(4))

F. Securities File: Unrecovered stolen,

embezzled or counterfeited securities

will be retained for the balance of the

year entered plus 4, except for travelers

checks and money orders, which will be

retained for the balance of the year

entered plus 2.

(Job No. NC1–65–82–4, Part E. 13 h.(5))

G. Wanted Person File: Person not

located will remain in file indefinitely

until action is taken by the originating

agency to clear the record (except

‘‘Temporary Felony Wants’’, which will

be automatically removed from the file

after 48 hours).

(Job No. NC1–65–87–114, Part E. 13

h.(7))

H. Foreign Fugitive File: Person not

located will remain in file indefinitely

until action is taken by the originating

agency to clear the record.

I. Interstate Identification Index File:

When an individual reaches age of 80.

(Job No. NC1–65–76–1)

J. Witness Security Program File: Will

remain in file until action is taken by

the U.S. Marshals Service to clear or

cancel the records.

K. BATF Violent Felon File: Will

remain in file until action is taken by

the BATF to clear or cancel the records.

L. Missing Persons File: Will remain

in the file until the individual is located

or action is taken by the originating

agency to clear the record.

(Job No. NC1–65–87–11, Part E 13h (8))

M. U.S. Secret Service Protective File:

Will be retained until names are

removed by the U.S. Secret Service.

N. Violent Criminal Gang File:

Records will be subject to mandatory

purge if inactive for five years.

O. Terrorist File: Records will be

subject to mandatory purge if inactive

for five years.

P. Unidentified Person File: Will be

retained for the remainder of the year of

entry plus 9.

SYSTEM MANAGER AND ADDRESS:

Director, Federal Bureau of

Investigation, J. Edgar Hoover Building,

10th and Pennsylvania Avenue NW.,

Washington, DC 20535.

NOTIFICATION PROCEDURE:

Same as the above.

RECORD ACCESS PROCEDURES:

It is noted the Attorney General has

exempted this system from the access

and contest procedures of the Privacy

Act. However, the following alternative

procedures are available to requester.

The procedures by which computerized

criminal history record information

about an individual may be obtained by

that individual are as follows:

If an individual has a criminal record

supported by fingerprints and that

record has been entered in the NCIC III

file, criminal history record information,

it is available to that individual for

review, upon presentation of

appropriate identification and in

accordance with applicable State and

Federal administrative and statutory

regulations.

Appropriate identification includes

being fingerprinted for the purpose of

insuring that the individual is who the

individual purports to be. The record on

file will then be verfied through

comparison of fingerprints.

Procedure: 1. All requests for review

must be made by the subject of the

record through a law enforcement

agency which has access to the NCIC III

File. That agency within statutory or

regulatory limits can require additional

identification to assist in securing a

positive identification.

2. If the cooperative law enforcement

agency can make an identification with

fingerprints previously taken which are

on file locally and if the FBI

identification number of the

individual’s record is available to that

agency, it can make an on-line inquiry

of NCIC to obtain the record on-line or,

if it does not have suitable equipment to

obtain an on-line response, obtain the

record from Washington, DC by mail.

The individual will then be afforded the

opportunity to see that record.

3. Should the cooperating law

enforcement agency not have the

individual’s fingerprints on file locally,

it is necessary for that agency to relate

the prints to an existing record by

having the identification prints

compared with those already on file in

the FBI or possibly in the State’s central

identification agency.

CONTESTING RECORD PROCEDURES:

The Attorney General has exempted

this system from the contest procedures

of the Privacy Act. Under this

alternative procedure described above

under ‘‘Record Access Procedures,’’ the

subject of the requested record shall

request the appropriate arresting agency,

court, or correctional agency to initiate

action necessary to correct any stated

inaccuracy in subject’s record or

provide the information needed to make

the record complete.

RECORD SOURCE CATEGORIES:

Information contained in the NCIC

system is obtained from local, state,

Federal and international criminal

justice agencies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

The Attorney General has exempted

this system from subsection (c) (3) and

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

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

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

(k)(3). Rules have been promulgated in

accordance with the requirements of 5

U.S.C. 553 (b), (c) and (e) and have been

published in the Federal Register.

[FR Doc. 95–9739 Filed 4–19–95; 8:45 am]

BILLING CODE 4410–01–M

Antitrust Division

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—Affymetrix, Inc./Molecular

Dynamics, Inc.

Notice is hereby given that, on

January 17, 1995, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’),