19958 Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices

request as soon as possible in order to permit this

Commission to review and act on the request before

the effective date of this exemption.

3See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

4 The Commission will accept a late-filed trail

use request as long as it retains jurisdiction to do

so.

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2),3 and

trail use/rail banking requests under 49

CFR 1152.29 4 must be filed by May 1,

1995. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by May 11, 1995,

with: Office of the Secretary, Case

Control Branch, Interstate Commerce

Commission, 1201 Constitution Avenue,

NW, Washington, DC 20423.

A copy of any pleading filed with the

Commission should be sent to

applicant’s representative: Stuart F.

Gassner, 165 North Canal St., Chicago,

IL 60606–1551.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

C&NW has filed an environmental

report which addresses the

abandonment’s effects, if any, on

environmental and historic resources.

The Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by April 26, 1995.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 3219,

Interstate Commerce Commission,

Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202)

927–6248. Comments on environmental

and historic preservation matters must

be filed within 15 days after the EA is

available to the public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Decided: April 17, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–9917 Filed 4–20–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

[AAG/A Order No. 101–95]

Privacy Act of 1974; New System

Pursuant to the provisions of the

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

notice is given that the Department of

Justice, Federal Bureau of Prisons,

proposes to establish a new system of

records entitled ‘‘Telephone Activity

Record System (JUSTICE/BOP–011).’’

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 routine uses of a new system; the

Office of Management and Budget

(OMB), which has oversight

responsibilities under the Act, requires

that it be given a 40-day period in which

to review the system.

Therefore, please submit any

comments by May 22, 1995. The public,

OMB and Congress are invited to send

written comments to Patricia E. Neely,

Staff Assistant, Systems Policy Staff,

Justice Management Division,

Department of Justice, Washington, DC

20530 (Room 850, WCTR Building).

In accordance with Privacy Act

requirements, the Department of Justice

has provided a report on the proposed

system to OMB and the Congress.

Dated: April 6, 1995.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

JUSTICE/BOP–11

SYSTEM NAME:

Telephone Activity Record System,

Justice/BOP–011.

SYSTEM LOCATIONS:

Bureau of Prisons (BOP) Central

Office, 320 First Street, NW.,

Washington, DC 20534;

BOP Northeast Regional Office, U.S.

Customs House, 7th Floor, 2nd and

Chestnut Street, Philadelphia,

Pennsylvania, 19106;

BOP Mid-Atlantic Regional Office,

Junction Business Park, 10010 Junction

Drive, Suite 100N, Annapolis Junction,

Maryland 20701;

BOP Southeast Regional Office, 523

McDonough Boulevard, Atlanta, Georgia

30315;

BOP North Central Regional Office,

Gateway Complex, Inc., Tower II, 8th

Floor, 4th and State Avenue, Kansas

City, Kansas 66101–2492;

BOP South Central Regional Office,

4211 Cedar Springs Road, Suite 300,

Dallas, Texas 75219;

BOP Western Regional Office, 7950

Dublin Boulevard, 3rd Floor, Dublin,

California 94568.

In addition, records may be retained

at any of the BOP institutions located

within the regions. A complete list may

be found in 28 CFR part 503.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Current and former inmates,

including pre-trial detainees, under the

custody of the Attorney General.

Recipients of telephone calls from

current and former inmates. Individuals

on the approved telephone lists of

current or former inmates. Individuals

who request, in writing, that the BOP

delete their name and telephone number

from inmate telephone lists.

CATEGORIES OF RECORDS IN THE SYSTEM:

(1) Personal identification data; (2)

accounting data, including amounts

deposited by the inmate, call charges,

and account balances; (3) telephone call

data, including date, time, and duration

of each call; the name and register

number of the inmate who placed the

call; and the telephone number and

name of the call recipient and his/her

relationship to the inmate, and

audiotapes of telephone calls; and (4)

investigatory data developed internally

as well as any related data collected

from Federal, State, local and foreign

law enforcement agencies, and from

Federal and State probation and judicial

offices.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

18 U.S.C. 2510 et. seq., 3621, 4003,

4042 and 4082.

PURPOSE:

This system of records is maintained

to manage financial records relating to

inmate calls and to ensure that inmates

exercise their telephone privileges in a

manner consistent with correctional

goals. The related uses for which BOP

will maintain the system include (1)

accounting of inmate funds for

telephone use; (2) maintaining inmate

telephone lists; (3) monitoring of inmate

telephone activity; and (4) conducting

investigations, e.g., investigations of

inmate funds as related to telephone

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 information will be

disclosed from this system as follows:

a. To Federal, State, local and foreign

law enforcement officials for law

enforcement needs such as civil court

actions, regulatory proceedings,

responding to an emergency, inmate

disciplinary proceedings in the course

of apprehensions or other disposition;

or for such law enforcement needs as

prison administration, investigations,

and possible criminal prosecutions,

including possible criminal violations

discovered as part of telephone

monitoring done for the safety, security

and good order of penal institutions.

Such telephone monitoring information

will be disclosed only in accordance
Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices 19959

with the provisions of the Federal

wiretap statutes contained in 18 U.S.C.

2510 et. seq. and BOP implementing

policy.

b. To a court or adjudicative body

before which the Department and/or

BOP 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 BOP to be

arguably relevant to the litigation: (i)

BOP, or any subdivision thereof, or (ii)

any employee of BOP in his or her

official capacity, or (iii) any employee of

BOP in his or her individual capacity

where the Department of Justice has

agreed to provide representation for the

employee, or (iv) the United States,

where BOP determines that the

litigation is likely to affect it or any of

its subdivisions.

c. To contractors and subcontractors

responsible for maintaining telephone

service to Federal inmates to the extent

necessary to perform contractual duties.

d. To Members 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 a record subject.

e. 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.

f. To the National Archives and

Records Administration and to the

General Services Administration during

a records management inspection

conducted under 44 U.S.C. 2904 and

2906.

g. 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 telephone list.

h. 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.

i. To an administrative forum, which

may or may not include an

Administrative Law Judge, or which

may or may not convene public

hearings/proceedings, or to other

established adjudicatory or regulatory

agencies, e.g., the Merit Systems

Protection Board, the National Labor

Relations Board, or other agencies with

similar or related statutory

responsibilities, where necessary to

adjudicate decisions affecting

individuals who are the subject of BOP

investigations, including (but not

limited to) decisions to effect any

necessary remedial actions, e.g.,

disciplinary and/or other appropriate

personnel actions, and/or other law

enforcement related actions, where

appropriate; to protect the privacy of the

individuals, information provided will

be sanitized as warranted and/or

protective order may be requested to

prevent further dissemination.

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,

client/server, and mainframe systems

architecture and may be accessible by

those with a need-to-know at all BOP

facilities. Some information may be

stored on other computerized media,

e.g., hard disk, floppy diskettes,

magnetic tape 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 telephone number of call

recipient or individual on approved

inmate telephone list.

SAFEGUARDS:

Manual records are stored in locked

filing cabinets or in safes and can be

accessed only by authorized personnel

by key or combination formula.

Automated equipment is kept in

secured rooms and can be accessed only

by authorized personnel through

passwords and identification codes. All

records are maintained in guarded

buildings.

RETENTION AND DISPOSAL:

Automated records in this system are

maintained on magnetic medium

ordinarily for six years from the date

created, at which time they will be

overwritten with new data. Paper

documents are maintained for a period

of 30 years from expiration of sentence

of the inmate, at which time they are

destroyed by shredding. Audiotapes are

maintained ordinarily for six months

from the date created, at which time

they are overwritten with new data.

SYSTEM MANAGER(S) AND ADDRESS:

Assistant Director, Administration

Division, Federal Bureau of Prisons, 320

First Street, NW., Washington, DC

20534.

NOTIFICATION PROCEDURE:

The major part of this system is

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

Inquiries should be directed pursuant to

the ‘‘Record Access Procedures’’ listed

below.

RECORD ACCESS PROCEDURES:

All requests for records may be made

by writing to the System Manager

identified above, Federal Bureau of

Prisons, 320 First Street, NW.,

Washington, DC 20534. The envelope

should be clearly marked ‘‘Freedom of

Information/Privacy Act Request.’’ This

system of records is exempted from

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

RECORD SOURCE CATEGORIES:

Individuals covered by the system;

BOP staff; Federal, State, local and

foreign law enforcement agencies; and

Federal/State probation and judicial

offices.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

The Attorney General has exempted

this system from subsections (c) (3) and

(4), (d), (e) (2) and (3), (e) (5) and (8),

(f) and (g) of the Privacy Act pursuant

to 5 U.S.C. 552a (j)(2) and (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. 95–9806 Filed 4–20–95; 8:45 am]

BILLING CODE 4410–05–M

DEPARTMENT OF LABOR

Office of the Secretary

Agency Recordkeeping/Reporting

Requirements Under Review by the

Office of Management and Budget

(OMB)

April 18, 1995.

The Department of Labor has

submitted the following public

information collection request (ICR) to

the Office of Management and Budget

(OMB) for review and clearance under

the Paperwork Reduction Act (44 U.S.C.

Chapter 35) of 1980, as amended (Pub.

L. 96–511). Copies may be obtained by

calling the Department of Labor

Departmental Clearance Officer,

Kenneth A. Mills ((202) 219–5095).

Comments and questions about the ICRs

listed below should be directed to Mr.

Mills, Office of Information Resources

Management Policy, U.S. Department of

Labor, 200 Constitution Avenue, NW.,