[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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