[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20578]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[A.G. Order No. 1908-94]

 

Fee for Production of Identification Record

AGENCY: Federal Bureau of Investigation, Justice.

ACTION: Proposed rule.

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SUMMARY: The cost for production of an FBI identification record has 
increased from $17 to $18. Until this rule is revised to establish the 
$18 fee, the record subject will pay less than the actual cost for the 
FBI to produce the record. This rule is proposed to include the 
increased cost in the fee charged to the record subject. This proposed 
rule permits the FBI to increase the fee from $17 to $18 for the 
production of identification records for the subjects of such records.

DATES: Comments must be received on or before September 28, 1994.

ADDRESSES: Comments can be sent to Bennie F. Brewer, FBI, Criminal 
Justice Information Services Division, Programs Support Section, 
Washington, DC 20535.

FOR FURTHER INFORMATION CONTACT:
Bennie F. Brewer, FBI, Criminal Justice Information Services Division, 
Programs Support Section, Washington, DC 20535, telephone number (202) 
324-2607.

SUPPLEMENTARY INFORMATION: Departmental Order 556-73 (38 FR 32806, 
November 28, 1973) directed that the FBI publish rules for the 
dissemination of arrest and conviction records upon request. That order 
resulted from a determination that 28 U.S.C. 534 does not prohibit the 
subjects of arrest and conviction records from having access to those 
records. In accordance with the Attorney General's directive, the FBI 
has been releasing copies of identification records to the subjects of 
such records upon submission of a written request, a set of rolled-
inked fingerprint impressions, and the appropriate processing fee. 
Based on current cost analysis, the cost for production of an FBI 
Identification record has increased from $17 to $18.
    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Attorney General has determined that this rule is not a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review, and accordingly this rule has not been 
reviewed by the Office of Management and Budget.
    The Attorney General in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities.

List of Subjects in 28 CFR Part 16

    Administrative practice and procedure, Courts, Freedom of 
Information, Privacy, and Sunshine Act.
    By virtue of the authority vested in me as Attorney General, 
including 28 U.S.C. 509, 510 and 5 U.S.C. 301, Part 16, Subpart C of 
Title 28 of the CFR is proposed to be amended as follows:

PART 16--[AMENDED]

    1. The authority citation for Part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701.

    2. Section 16.33 is proposed to be revised to read as follows:


Sec. 16.33  Fee for production of identification record.

    Each written request for production of an identification record 
must be accompanied by a fee of $18 in the form of a certified check or 
money order, payable to the Treasury of the United States. This fee is 
established pursuant to the provisions of 31 U.S.C. 9701 and is based 
upon the clerical time beyond the first quarter hour to be spent in 
searching for, identifying, and reproducing each identification record 
requested as specified in Sec. 16.10 of this part. Any request for 
waiver of the fee shall accompany the original request for the 
identification record and shall include a claim and proof of indigency.

    Dated: August 9, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-20578 Filed 8-26-94; 8:45 am]
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