Fingerprint Submission Requirements, 36025-36027 [05-12326]
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Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations
term is ‘‘Reference Daily Intake.’’
Reference Daily Intakes are values
established by FDA for use in nutrition
labeling. Most RDIs are based on the
National Academy of Science’s
Recommended Daily Allowances. In the
final rule, FDA inadvertently used the
term ‘‘recommended’’ instead of
‘‘reference’’ to describe daily intake.
Therefore, FDA is replacing the term
‘‘Recommended Daily Intake’’ in
§ 172.380(c) and (d) with ‘‘Reference
Daily Intake.’’ Finally, in § 172.380(d),
FDA used the term ‘‘fruit drink.’’ Under
§ 102.33 (21 CFR 102.33), the common
or usual name of the product is fruit
juice drink. To be consistent with
§ 102.33, FDA is replacing the term
‘‘fruit drink’’ with ‘‘fruit juice drink’’ in
§ 172.380(d).
VII. Environmental Effects
When FAP 2A4734 was filed, it
contained a claim of categorical
exclusion under 21 CFR 25.32(k). The
agency reviewed this claim and found it
to be warranted for the petitioned
action. As a result, the agency stated in
the notice of filing for FAP 2A4734 that
neither an environmental assessment
nor an environmental impact statement
was required. The agency has concluded
that the modifications to the regulation
in response to the objections as well as
the corrections that are being made to
the regulation by this document will not
change the agency’s previous
determination that the categorical
exclusion in 25.32(k) is warranted.
VIII. Paperwork Reduction Act of 1995
This final rule contains no collection
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
IX. Objections
Any person who will be adversely
affected by this amendment to the
regulation may at any time file with the
Division of Dockets Management (see
ADDRESSES) written or electronic
objections. Each objection shall be
separately numbered, and each
numbered objection shall specify with
particularity the provisions of the
regulation to which objection is made
and the grounds for the objection. Each
numbered objection on which a hearing
is requested shall specifically so state.
Failure to request a hearing for any
particular objection shall constitute a
waiver of the right to a hearing on that
objection. Each numbered objection for
which a hearing is requested shall
include a detailed description and
analysis of the specific factual
information intended to be presented in
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support of the objection in the event
that a hearing is held. Failure to include
such a description and analysis for any
particular objection shall constitute a
waiver of the right to a hearing on the
objection. Three copies of all documents
shall be submitted and shall be
identified with the docket number
found in brackets in the heading of this
document. Any objections received in
response to the regulation may be seen
in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
X. References
The following reference has been
placed on display in the Division of
Dockets Management (see ADDRESSES)
and may be seen by interested persons
between 9 a.m. and 4 p.m. Monday
through Friday.
1. Memorandum from Folmer, Division of
Petition Review, Chemistry Review Group, to
Kidwell, Division of Petition Review, June
19, 2003.
List of Subjects in 21 CFR Part 172
Food additives, Reporting and
recordkeeping requirements.
PART 172—FOOD ADDITIVES
PERMITTED FOR DIRECT ADDITION
TO FOOD FOR HUMAN
CONSUMPTION
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 172 is
amended to read as follows:
I 1. The authority citation for 21 CFR
part 172 continues to read as follows:
I
Authority: 21 U.S.C. 321, 341, 342, 348,
371, 379e.
2. Section 172.380 is amended by
revising the introductory text and
paragraphs (c) and (d) to read as follows:
I
§ 172.380
Vitamin D3.
Vitamin D3 may be used safely in
foods as a nutrient supplement defined
under § 170.3(o)(20) of this chapter in
accordance with the following
prescribed conditions:
*
*
*
*
*
(c) Vitamin D3 may be added, at levels
not to exceed 100 International Units
(IU) per 240 milliliters (mL) to 100
percent fruit juices, as defined under
§ 170.3(n)(35) of this chapter, excluding
fruit juices that are specially formulated
or processed for infants, that are
fortified with greater than or equal to 33
percent of the Reference Daily Intake
(RDI) of calcium per 240 mL.
(d) Vitamin D3 may be added, at levels
not to exceed 100 IU per 240 mL to fruit
juice drinks, as defined under
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36025
§ 170.3(n)(35) of this chapter, excluding
fruit juice drinks that are specially
formulated or processed for infants, that
are fortified with greater than or equal
to 10 percent of the RDI of calcium per
240 mL.
Dated: June 13, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–12322 Filed 6–21–05; 8:45 am]
BILLING CODE 4160–01–S
NATIONAL CRIME PREVENTION AND
PRIVACY COMPACT COUNCIL
28 CFR Part 901
[NCPPC 110]
Fingerprint Submission Requirements
National Crime Prevention and
Privacy Compact Council.
ACTION: Final rule.
AGENCY:
SUMMARY: The Compact Council,
established pursuant to the National
Crime Prevention and Privacy Compact
(Compact) Act of 1998, is finalizing a
rule amending part 901, which codified
the Compact Council’s interpretation of
the Compact’s fingerprint-submission
requirements as it relates to the use of
the Interstate Identification Index (III)
for noncriminal justice record checks
during an emergency situation when the
health and safety of a specified group
may be endangered.
DATES: Effective Date: This final rule is
effective on June 22, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Donna M. Uzzell, Compact Council
Chairman, P.O. Box 1489, Tallahassee,
FL 32302, telephone number (850) 410–
7100.
SUPPLEMENTARY INFORMATION: This
document finalizes the Compact
Council’s proposed amendments to part
901 published in the Federal Register
on December 5, 2003, (68 FR 67991).
The Compact Council received no
written comments on the proposed
amendments and is finalizing the
amended rule as proposed except for
minor edits and clarifications.
Background
The Compact provides that ‘‘Subjects
fingerprints or other approved forms of
positive identification shall be
submitted with all requests for criminal
history record checks for noncriminal
justice purposes.’’ See 42 U.S.C. 14616,
Article V(a). The Compact Council
recognizes the extreme reliability of
fingerprint-based identifications and
requires that fingerprints be submitted
contemporaneously with search
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Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations
requests whenever feasible. However, in
promulgating the Fingerprint
Submission Requirements Rule (28 CFR
part 901, published May 21, 2001), the
Council acknowledged that exigent
circumstances may exist where time is
a critical factor in decision making and
the immediate fingerprinting of the
subject is not feasible. In such
emergency circumstances, the Council
interprets the Compact to permit
preliminary name-based searches of the
III System for noncriminal justice
purposes provided that fingerprints are
submitted within a time frame specified
by the Council. This procedure allows
immediate access to criminal history
record information during exigent
circumstances followed by fingerprint
submissions.
Part 901 authorizes state criminal
history record repositories and the FBI,
upon approval by the Compact Council,
to grant access to the III System in
emergency situations on a delayed
fingerprint submission basis, predicated
upon (1) a statute approved by the U.S.
Attorney General pursuant to Public
Law 92–544 or (2) a Federal statute or
Executive Order. Access authorized by
the rule shall adhere to (1) the Compact,
(2) the Criminal Justice Information
Services (CJIS) Security Policy, and (3)
applicable state security policies. A
State or Federal noncriminal justice
agency granted access to the III pursuant
to part 901 must also adhere to
applicable State or Federal audit
protocols.
Proposals requesting delayed
fingerprint submission authority
pursuant to this rule should be sent to
the Compact Council Chairman at the
address set out above. Such proposals
should include information sufficient to
fully describe the emergency nature of
the situation in which delayed
submission authority is being sought,
the risk to the health or safety of the
individuals involved, and the reasons
why the submission of fingerprints
contemporaneously with the search
request is not feasible.
Section 901.3(d) of the rule provides
that other states or authorized Federal
agencies may apply for delayed
submission authority consistent with a
Compact Council-approved proposal
through application to the FBI Compact
Officer, FBI CJIS Division, 1000 Custer
Hollow Road, Module C3, Clarksburg,
WV 26306. For example, a Florida
proposal for delayed submission
authority involving the emergency
placement of children was approved by
the Council and published as a notice in
the September 19, 2003, Federal
Register. States and Federal agencies
seeking similar access may submit an
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application to the FBI’s Compact Officer
rather than to the Council Chairman.
Subsequent to publication of part 901,
states authorized to conduct name-based
checks articulated varying
interpretations of the fingerprint
submission time frame requirement. In
order to eliminate these disparate
interpretations, the Compact Council is
amending the rule to define ‘‘time
frame’’ by adding a sentence at the end
of Subsection 901.3(c).
Section 901.3 is also amended by
adding paragraph (e) to clarify that part
901 is also applicable to Federal
agencies authorized to access criminal
history records pursuant to Federal
statute or Executive Order for
noncriminal justice purposes.
The FBI CJIS Division recently
expanded its Audit Unit programs to
include reviews of noncriminal justice
agencies with direct access to the III
System. The Council added Section
901.4 to address audits, identifying the
State Compact Officer or the Chief
Administrator of the Criminal History
Record Repository in nonparty states as
the responsible party to ensure that
audits are conducted of approved state
agencies. The responsible federal CJIS
System Officer (formerly known as the
Service Coordinator) will ensure that
similar audits are conducted of
authorized Federal agencies. The audit
will verify adherence to the provisions
of part 901 and the FBI CJIS Security
Policy.
When the amended proposed
Fingerprint Submission Requirements
rule was published on December 5,
2003, section 901.5 addressed
compliance and sanctions related to use
of this rule only. Subsequent to
publication of the proposed
amendments, the Compact Council
published a proposed rule entitled
‘‘Compact Council Procedures for
Compliant Conduct and Responsible
Use of the Interstate Identification Index
(III) System for Noncriminal Justice
Purposes’’ (Sanctions Rule) on February
17, 2005. The Sanctions Rule establishes
procedures to be used in determining
compliant conduct and responsible use
of III System records for any
noncriminal justice purpose, including
the purpose addressed in the
Fingerprint Submission Requirements
rule. Therefore, section 901.5 is
removed from this final rule.
Administrative Procedures and
Executive Orders
Administrative Procedure Act
This rule is published by the Compact
Council as authorized by the National
Crime Prevention and Privacy Compact
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
(Compact) Act. (See Pub. L. 105–251.)
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 Interstate
Identification Index (III) System for
noncriminal justice purposes. The
Compact mandates that such rules,
procedures, or standards 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 (Title 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.
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Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations
List of Subjects in 28 CFR Part 901
§ 901.3 Approval of delayed fingerprint
submission requests.
Crime, Health, Privacy, Safety.
(a) A state may, based upon exigent
circumstances, apply for delayed
I Accordingly, part 901 of title 28 of the
Code of Federal Regulations is revised to submission of fingerprints supporting
requests for III records by agencies
read as follows:
authorized to access and receive
criminal history records under Public
PART 901—FINGERPRINT
Law 92–544. Such applications must be
SUBMISSION REQUIREMENTS
sent to the Compact Council Chairman
Sec.
and include information sufficient to
901.1 Purpose and authority.
fully describe the emergency nature of
901.2 Interpretation of fingerprint
the situation in which delayed
submission requirements.
submission authority is being sought,
901.3 Approval of delayed fingerprint
the risk to health and safety of the
submission requests.
individuals involved, and the reasons
901.4 Audits.
why the submission of fingerprints
Authority: 42 U.S.C. 14616.
contemporaneously with the search
request is not feasible.
§ 901.1 Purpose and authority.
(b) In evaluating requests for delayed
The Compact Council is established
submissions, the Compact Council must
pursuant to the National Crime
utilize the following criteria:
Prevention and Privacy Compact
(1) The risk to health and safety; and
(Compact), title 42, U.S.C., chapter 140,
(2) The emergency nature of the
subchapter II, section 14616. The
request.
purpose of these provisions is to
(c) Upon approval of the application
interpret the Compact, as it applies to
by the Compact Council, the authorized
the required submission of fingerprints, agency may conduct a III name check
along with requests for Interstate
pending submission of the fingerprints.
Identification Index (III) records, by
The fingerprints must be submitted
agencies authorized to access and
within the time frame specified by the
receive criminal history records under
Compact Council. For the purposes of
Public Law 92–544, and to establish
this part, ‘‘time frame’’ means the
protocols and procedures applicable to
number of days that elapse between the
the III and its use for noncriminal
date on which the name search was
justice purposes.
conducted and the date on which the
state repository either positively
§ 901.2 Interpretation of fingerprint
identifies the fingerprint subject or
submission requirements.
forwards the fingerprints to the FBI or
(a) Article V of the Compact requires
the date a Federal agency forwards the
the submission of fingerprints or other
fingerprints to the FBI.
approved forms of positive
(d) Once a specific proposal has been
identification with requests for criminal approved by the Compact Council,
history record checks for noncriminal
another state may apply for delayed
justice purposes. The requirement for
fingerprint submission consistent with
the submission of fingerprints may be
the approved proposal, provided that
satisfied in two ways:
the state has a related Public Law 92–
544 approved state statute, by
(1) The fingerprints should be
submitting the application to the FBI
submitted contemporaneously with the
request for criminal history information, Compact Officer, 1000 Custer Hollow
Road, Module C–3, Clarksburg, WV
or
26306–0001.
(2) For purposes approved by the
(e) Part 901 is also applicable to any
Compact Council, a delayed submission
federal agency authorized to access
of fingerprints may be permissible
criminal history records pursuant to
under exigent circumstances.
Federal statute or Executive Order for
(b) A preliminary III name based
noncriminal justice purposes.
check may be made pending the receipt
§ 901.4 Audits.
of the delayed submission of the
fingerprints. The state repository may
(a) Audits of authorized State agencies
authorize terminal access to authorized
that access the III System shall be
agencies designated by the state, to
conducted by the State’s Compact
enable them to conduct such checks.
Officer or, in the absence of a Compact
Such access must be made pursuant to
Officer, the chief administrator for the
the security policy set forth by the
criminal history record repository. The
state’s Criminal Justice Information
responsible Federal CJIS Systems
Services (CJIS) Systems Agency
Officer shall ensure that similar audits
(formerly known as the Control
are conducted of authorized Federal
Terminal Agency).
agencies. Such audits shall be
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Jkt 205001
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36027
conducted to verify adherence to the
provisions of part 901 and the FBI’s CJIS
Security Policy.
(b) Authorized agencies shall cause to
be collected an appropriate record of
each instance of III System access
through a manual or electronic log. The
log shall be maintained for a minimum
one-year period to facilitate the audits
and compliance reviews. Such records
shall be maintained in accordance with
the CJIS Security Policy. (For
information on this security policy,
contact your CJIS Systems Officer.)
(c) The audit and compliance reviews
must include mechanisms to determine
whether fingerprints were submitted
within the time frame specified by the
Compact Council.
(d) In addition to the audits as stated
above, the FBI CJIS Audit staff shall also
conduct routine systematic compliance
reviews of State repositories, Federal
agencies, and as necessary other
authorized III System user agencies.
Dated: May 12, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05–12326 Filed 6–21–05; 8:45 am]
BILLING CODE 4410–02–P
NATIONAL CRIME PREVENTION AND
PRIVACY COMPACT COUNCIL
28 CFR Part 904
[NCPPC 109]
Criminal History Record Screening for
Authorized Noncriminal Justice
Purposes
National Crime Prevention and
Privacy Compact Council.
ACTION: Final rule.
AGENCY:
SUMMARY: The Compact Council,
established pursuant to the National
Crime Prevention and Privacy Compact
(Compact), is publishing a rule to
establish criminal history record
screening standards for criminal history
record information received from the
Interstate Identification Index (III) for
authorized noncriminal justice
purposes.
DATES: This rule is effective on July 22,
2005.
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 February 17, 2005. The
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]]>Agencies
[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 36025-36027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12326]
=======================================================================
-----------------------------------------------------------------------
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL
28 CFR Part 901
[NCPPC 110]
Fingerprint Submission Requirements
AGENCY: National Crime Prevention and Privacy Compact Council.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Compact Council, established pursuant to the National
Crime Prevention and Privacy Compact (Compact) Act of 1998, is
finalizing a rule amending part 901, which codified the Compact
Council's interpretation of the Compact's fingerprint-submission
requirements as it relates to the use of the Interstate Identification
Index (III) for noncriminal justice record checks during an emergency
situation when the health and safety of a specified group may be
endangered.
DATES: Effective Date: This final rule is effective on June 22, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Donna M. Uzzell, Compact Council
Chairman, P.O. Box 1489, Tallahassee, FL 32302, telephone number (850)
410-7100.
SUPPLEMENTARY INFORMATION: This document finalizes the Compact
Council's proposed amendments to part 901 published in the Federal
Register on December 5, 2003, (68 FR 67991). The Compact Council
received no written comments on the proposed amendments and is
finalizing the amended rule as proposed except for minor edits and
clarifications.
Background
The Compact provides that ``Subjects fingerprints or other approved
forms of positive identification shall be submitted with all requests
for criminal history record checks for noncriminal justice purposes.''
See 42 U.S.C. 14616, Article V(a). The Compact Council recognizes the
extreme reliability of fingerprint-based identifications and requires
that fingerprints be submitted contemporaneously with search
[[Page 36026]]
requests whenever feasible. However, in promulgating the Fingerprint
Submission Requirements Rule (28 CFR part 901, published May 21, 2001),
the Council acknowledged that exigent circumstances may exist where
time is a critical factor in decision making and the immediate
fingerprinting of the subject is not feasible. In such emergency
circumstances, the Council interprets the Compact to permit preliminary
name-based searches of the III System for noncriminal justice purposes
provided that fingerprints are submitted within a time frame specified
by the Council. This procedure allows immediate access to criminal
history record information during exigent circumstances followed by
fingerprint submissions.
Part 901 authorizes state criminal history record repositories and
the FBI, upon approval by the Compact Council, to grant access to the
III System in emergency situations on a delayed fingerprint submission
basis, predicated upon (1) a statute approved by the U.S. Attorney
General pursuant to Public Law 92-544 or (2) a Federal statute or
Executive Order. Access authorized by the rule shall adhere to (1) the
Compact, (2) the Criminal Justice Information Services (CJIS) Security
Policy, and (3) applicable state security policies. A State or Federal
noncriminal justice agency granted access to the III pursuant to part
901 must also adhere to applicable State or Federal audit protocols.
Proposals requesting delayed fingerprint submission authority
pursuant to this rule should be sent to the Compact Council Chairman at
the address set out above. Such proposals should include information
sufficient to fully describe the emergency nature of the situation in
which delayed submission authority is being sought, the risk to the
health or safety of the individuals involved, and the reasons why the
submission of fingerprints contemporaneously with the search request is
not feasible.
Section 901.3(d) of the rule provides that other states or
authorized Federal agencies may apply for delayed submission authority
consistent with a Compact Council-approved proposal through application
to the FBI Compact Officer, FBI CJIS Division, 1000 Custer Hollow Road,
Module C3, Clarksburg, WV 26306. For example, a Florida proposal for
delayed submission authority involving the emergency placement of
children was approved by the Council and published as a notice in the
September 19, 2003, Federal Register. States and Federal agencies
seeking similar access may submit an application to the FBI's Compact
Officer rather than to the Council Chairman.
Subsequent to publication of part 901, states authorized to conduct
name-based checks articulated varying interpretations of the
fingerprint submission time frame requirement. In order to eliminate
these disparate interpretations, the Compact Council is amending the
rule to define ``time frame'' by adding a sentence at the end of
Subsection 901.3(c).
Section 901.3 is also amended by adding paragraph (e) to clarify
that part 901 is also applicable to Federal agencies authorized to
access criminal history records pursuant to Federal statute or
Executive Order for noncriminal justice purposes.
The FBI CJIS Division recently expanded its Audit Unit programs to
include reviews of noncriminal justice agencies with direct access to
the III System. The Council added Section 901.4 to address audits,
identifying the State Compact Officer or the Chief Administrator of the
Criminal History Record Repository in nonparty states as the
responsible party to ensure that audits are conducted of approved state
agencies. The responsible federal CJIS System Officer (formerly known
as the Service Coordinator) will ensure that similar audits are
conducted of authorized Federal agencies. The audit will verify
adherence to the provisions of part 901 and the FBI CJIS Security
Policy.
When the amended proposed Fingerprint Submission Requirements rule
was published on December 5, 2003, section 901.5 addressed compliance
and sanctions related to use of this rule only. Subsequent to
publication of the proposed amendments, the Compact Council published a
proposed rule entitled ``Compact Council Procedures for Compliant
Conduct and Responsible Use of the Interstate Identification Index
(III) System for Noncriminal Justice Purposes'' (Sanctions Rule) on
February 17, 2005. The Sanctions Rule establishes procedures to be used
in determining compliant conduct and responsible use of III System
records for any noncriminal justice purpose, including the purpose
addressed in the Fingerprint Submission Requirements rule. Therefore,
section 901.5 is removed from this final rule.
Administrative Procedures and Executive Orders
Administrative Procedure Act
This rule is published by the Compact Council as authorized by the
National Crime Prevention and Privacy Compact (Compact) Act. (See Pub.
L. 105-251.) 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 Interstate Identification Index (III) System for
noncriminal justice purposes. The Compact mandates that such rules,
procedures, or standards 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 (Title 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.
[[Page 36027]]
List of Subjects in 28 CFR Part 901
Crime, Health, Privacy, Safety.
0
Accordingly, part 901 of title 28 of the Code of Federal Regulations is
revised to read as follows:
PART 901--FINGERPRINT SUBMISSION REQUIREMENTS
Sec.
901.1 Purpose and authority.
901.2 Interpretation of fingerprint submission requirements.
901.3 Approval of delayed fingerprint submission requests.
901.4 Audits.
Authority: 42 U.S.C. 14616.
Sec. 901.1 Purpose and authority.
The Compact Council is established pursuant to the National Crime
Prevention and Privacy Compact (Compact), title 42, U.S.C., chapter
140, subchapter II, section 14616. The purpose of these provisions is
to interpret the Compact, as it applies to the required submission of
fingerprints, along with requests for Interstate Identification Index
(III) records, by agencies authorized to access and receive criminal
history records under Public Law 92-544, and to establish protocols and
procedures applicable to the III and its use for noncriminal justice
purposes.
Sec. 901.2 Interpretation of fingerprint submission requirements.
(a) Article V of the Compact requires the submission of
fingerprints or other approved forms of positive identification with
requests for criminal history record checks for noncriminal justice
purposes. The requirement for the submission of fingerprints may be
satisfied in two ways:
(1) The fingerprints should be submitted contemporaneously with the
request for criminal history information, or
(2) For purposes approved by the Compact Council, a delayed
submission of fingerprints may be permissible under exigent
circumstances.
(b) A preliminary III name based check may be made pending the
receipt of the delayed submission of the fingerprints. The state
repository may authorize terminal access to authorized agencies
designated by the state, to enable them to conduct such checks. Such
access must be made pursuant to the security policy set forth by the
state's Criminal Justice Information Services (CJIS) Systems Agency
(formerly known as the Control Terminal Agency).
Sec. 901.3 Approval of delayed fingerprint submission requests.
(a) A state may, based upon exigent circumstances, apply for
delayed submission of fingerprints supporting requests for III records
by agencies authorized to access and receive criminal history records
under Public Law 92-544. Such applications must be sent to the Compact
Council Chairman and include information sufficient to fully describe
the emergency nature of the situation in which delayed submission
authority is being sought, the risk to health and safety of the
individuals involved, and the reasons why the submission of
fingerprints contemporaneously with the search request is not feasible.
(b) In evaluating requests for delayed submissions, the Compact
Council must utilize the following criteria:
(1) The risk to health and safety; and
(2) The emergency nature of the request.
(c) Upon approval of the application by the Compact Council, the
authorized agency may conduct a III name check pending submission of
the fingerprints. The fingerprints must be submitted within the time
frame specified by the Compact Council. For the purposes of this part,
``time frame'' means the number of days that elapse between the date on
which the name search was conducted and the date on which the state
repository either positively identifies the fingerprint subject or
forwards the fingerprints to the FBI or the date a Federal agency
forwards the fingerprints to the FBI.
(d) Once a specific proposal has been approved by the Compact
Council, another state may apply for delayed fingerprint submission
consistent with the approved proposal, provided that the state has a
related Public Law 92-544 approved state statute, by submitting the
application to the FBI Compact Officer, 1000 Custer Hollow Road, Module
C-3, Clarksburg, WV 26306-0001.
(e) Part 901 is also applicable to any federal agency authorized to
access criminal history records pursuant to Federal statute or
Executive Order for noncriminal justice purposes.
Sec. 901.4 Audits.
(a) Audits of authorized State agencies that access the III System
shall be conducted by the State's Compact Officer or, in the absence of
a Compact Officer, the chief administrator for the criminal history
record repository. The responsible Federal CJIS Systems Officer shall
ensure that similar audits are conducted of authorized Federal
agencies. Such audits shall be conducted to verify adherence to the
provisions of part 901 and the FBI's CJIS Security Policy.
(b) Authorized agencies shall cause to be collected an appropriate
record of each instance of III System access through a manual or
electronic log. The log shall be maintained for a minimum one-year
period to facilitate the audits and compliance reviews. Such records
shall be maintained in accordance with the CJIS Security Policy. (For
information on this security policy, contact your CJIS Systems
Officer.)
(c) The audit and compliance reviews must include mechanisms to
determine whether fingerprints were submitted within the time frame
specified by the Compact Council.
(d) In addition to the audits as stated above, the FBI CJIS Audit
staff shall also conduct routine systematic compliance reviews of State
repositories, Federal agencies, and as necessary other authorized III
System user agencies.
Dated: May 12, 2005.
Donna M. Uzzell,
Compact Council Chairman.
[FR Doc. 05-12326 Filed 6-21-05; 8:45 am]
BILLING CODE 4410-02-P
