[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Rules and Regulations]
[Page 22898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11507]



[[Page 22897]]

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Part IV





Department of Justice





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28 CFR Part 25



National Instant Criminal Background Check System Regulation; Delay of 
Effective Date; Final Rule

  Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and 
Regulations  

[[Page 22898]]


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DEPARTMENT OF JUSTICE

28 CFR Part 25

[AG Order No. 2425-2001; FBI 105F]
RIN 1110-AA02


National Instant Criminal Background Check System Regulation; 
Delay of Effective Date

AGENCY: Federal Bureau of Investigation, Department of Justice.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001 (66 FR 7702), the Department of Justice temporarily 
delayed for 60 days (66 FR 12854) the effective date of the final rule 
entitled ``National Instant Criminal Background Check System 
Regulation'' (66 FR 12854, March 1, 2001), originally published in the 
Federal Register on January 22, 2001 (66 FR 6470). This action 
temporarily postpones for an additional 60 days the effective date of 
that final rule. This temporary 60-day delay in effective date is 
necessary to give Department of Justice officials further opportunity 
to review the rule, with the goal of adopting a regulation that will 
resolve issues regarding audit requirements, privacy interests, and 
other considerations identified during the recent 60-day review period.

DATES: The effective date of the final rule amending 28 CFR Part 25 
published in the Federal Register on January 22, 2001, at 66 FR 6470 is 
delayed for an additional 60 days, from May 4, 2001, until July 3, 
2001. This action is effective immediately upon publication.

FOR FURTHER INFORMATION CONTACT: Fanny Haslebacher, Attorney-Advisor, 
Federal Bureau of Investigation, Module A-3, 1000 Custer Hollow Road, 
Clarksburg, West Virginia 26306-0147, (304) 625-2000.

SUPPLEMENTARY INFORMATION: To the extent that 5 U.S.C. section 553 
applies to this action, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. 553(b)(A). 
Alternatively, the Department's implementation of this action without 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register is based on the good cause exceptions in 
5 U.S.C. 553(b)(B) and 553(d)(3). The new Department officials must 
have sufficient, limited time to review the rule and its administrative 
record thoroughly in order to determine whether the rule sufficiently 
addresses questions concerning the implementation of the audit 
requirements, important privacy interests, and other considerations 
identified during the recent 60-day review period. Accordingly, the 
Department finds that there is good cause for this limited delay of the 
effective date, without notice and comment, and that this action is in 
the public interest. Any additional delays will be ordered only after 
notice-and-comment rulemaking on the question of such delay.

    Dated: May 3, 2001.
John Ashcroft,
Attorney General.
[FR Doc. 01-11507 Filed 5-3-01; 10:59 am]
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