[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Rules and Regulations]
[Page 73587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23948]
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NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL
28 CFR Part 905
[NCPPC 114]
Qualification Requirements for Participation in the National
Fingerprint File Program
AGENCY: National Crime Prevention and Privacy Compact Council.
ACTION: Final rule.
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SUMMARY: The Compact Council (Council), established pursuant to the
National Crime Prevention and Privacy Compact (Compact) Act of 1998, is
publishing a rule requiring a Compact Party to meet minimum
qualification standards while participating in the National Fingerprint
File (NFF) Program.
DATES: This rule is effective on January 12, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Uzzell, Compact Council
Chairman, Florida Department of Law Enforcement, P.O. Box 1489,
Tallahassee, FL 32302, telephone number (850) 410-7100.
SUPPLEMENTARY INFORMATION: This document finalizes the Compact Council
rule proposed in the Federal Register on June 22, 2005. The Compact
Council accepted comments on the proposed rule until July 22, 2005;
however, no comments were received.
Administrative Procedures and Executive Orders
Administrative Procedure Act
The Compact Council, composed of 15 members including 11 state and
local governmental representatives, is authorized to promulgate rules,
procedures, and standards for the effective and proper use of the III
System for noncriminal justice purposes. The Compact Council is
publishing this rule in compliance with the mandate that rules,
procedures, or standards established by the Council be published in the
Federal Register. See 42 U.S.C. 14616, Articles II(4), VI(a)(1), and
VI(e). This publication complies with those requirements.
Executive Order 12866
The Compact Council is not an executive department or independent
regulatory agency as defined in 44 U.S.C. 3502; accordingly, Executive
Order 12866 is not applicable.
Executive Order 13132
The Compact Council is not an executive department or independent
regulatory agency as defined in 44 U.S.C. 3502; accordingly, Executive
Order 13132 is not applicable. Nonetheless, this rule fully complies
with the intent that the national government should be deferential to
the States when taking action that affects the policymaking discretion
of the States.
Executive Order 12988
The Compact Council is not an executive agency or independent
establishment as defined in 5 U.S.C. 105; accordingly, Executive Order
12988 is not applicable.
Unfunded Mandates Reform Act
Approximately 75 percent of the Compact Council members are
representatives of state and local governments; accordingly, rules
prescribed by the Compact Council are not Federal mandates.
Accordingly, no actions are deemed necessary under the provisions of
the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
The Small Business Regulatory Enforcement Fairness Act (5 U.S.C.
801-804) is not applicable to the Council's rule because the Compact
Council is not a ``Federal agency'' as defined by 5 U.S.C. 804(1).
Likewise, the reporting requirement of the Congressional Review Act
(Subtitle E of the Small Business Regulatory Enforcement Fairness Act)
does not apply. See 5 U.S.C. 804.
List of Subjects in 28 CFR Part 905
Crime, Privacy, Information, Safety.
0
Accordingly, title 28 of the Code of Federal Regulations, chapter IX is
amended by adding part 905 to read as follows:
PART 905--NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION
REQUIREMENTS
Sec.
905.1 Definition.
905.2 Purpose and authority.
905.3 Participation in the NFF Program.
Authority: 42 U.S.C. 14616.
Sec. 905.1 Definition.
``National Fingerprint File'' means a database of fingerprints, or
other uniquely personal identifying information, relating to an
arrested or charged individual maintained by the FBI to provide
positive identification of record subjects indexed in the III System.
Sec. 905.2 Purpose and authority.
The purpose of this part 905 is to require each National
Fingerprint File (NFF) participant to meet the standards set forth in
the NFF Qualification Requirements as established by the Compact
Council (Council). The Council is established pursuant to the National
Crime Prevention and Privacy Compact Act (Compact), title 42, U.S.C.,
Sec. 14616.
Sec. 905.3 Participation in the NFF Program.
Each NFF Program participant shall meet the standards set forth in
the NFF Qualification Requirements as established by the Council and
endorsed by the FBI's Criminal Justice Information Services Advisory
Policy Board; however, such standards shall not interfere or conflict
with the FBI's administration of the III, including the NFF, for
criminal justice purposes. Each participant's performance will be
audited and measured by criteria designed to assess compliance with
those requirements. Measurements by which to determine compliance to
the NFF Qualification Requirements are outlined in the FBI and State
Sampling Standards. (For a copy of the standards, contact the FBI
Compact Officer, 1000 Custer Hollow Road, Module C-3, Clarksburg, WV
26306-0001.)
Dated: November 3, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05-23948 Filed 12-12-05; 8:45 am]
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