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Federal Register / Vol. 70, No.

238 / Tuesday, December 13, 2005 / Rules and Regulations 73587

[FR Doc. 05–23851 Filed 12–12–05; 8:45 am] Executive Order 13132 record subjects indexed in the III
BILLING CODE 4910–13–P The Compact Council is not an System.
executive department or independent § 905.2 Purpose and authority.
regulatory agency as defined in 44
NATIONAL CRIME PREVENTION AND The purpose of this part 905 is to
U.S.C. 3502; accordingly, Executive
PRIVACY COMPACT COUNCIL require each National Fingerprint File
Order 13132 is not applicable.
(NFF) participant to meet the standards
Nonetheless, this rule fully complies
28 CFR Part 905 set forth in the NFF Qualification
with the intent that the national
Requirements as established by the
[NCPPC 114] government should be deferential to the
Compact Council (Council). The
States when taking action that affects
Qualification Requirements for Council is established pursuant to the
the policymaking discretion of the
Participation in the National National Crime Prevention and Privacy
States.
Fingerprint File Program Compact Act (Compact), title 42, U.S.C.,
Executive Order 12988 § 14616.
AGENCY: National Crime Prevention and The Compact Council is not an
Privacy Compact Council. § 905.3 Participation in the NFF Program.
executive agency or independent Each NFF Program participant shall
ACTION: Final rule. establishment as defined in 5 U.S.C. meet the standards set forth in the NFF
SUMMARY: The Compact Council 105; accordingly, Executive Order 12988 Qualification Requirements as
(Council), established pursuant to the is not applicable. established by the Council and endorsed
National Crime Prevention and Privacy Unfunded Mandates Reform Act by the FBI’s Criminal Justice
Compact (Compact) Act of 1998, is Information Services Advisory Policy
Approximately 75 percent of the
publishing a rule requiring a Compact Board; however, such standards shall
Compact Council members are
Party to meet minimum qualification not interfere or conflict with the FBI’s
representatives of state and local
standards while participating in the administration of the III, including the
governments; accordingly, rules
National Fingerprint File (NFF) NFF, for criminal justice purposes. Each
prescribed by the Compact Council are
Program. participant’s performance will be
not Federal mandates. Accordingly, no
DATES: This rule is effective on January actions are deemed necessary under the audited and measured by criteria
12, 2006. provisions of the Unfunded Mandates designed to assess compliance with
FOR FURTHER INFORMATION CONTACT: Ms. Reform Act of 1995. those requirements. Measurements by
Donna M. Uzzell, Compact Council which to determine compliance to the
Chairman, Florida Department of Law Small Business Regulatory Enforcement NFF Qualification Requirements are
Enforcement, P.O. Box 1489, Fairness Act of 1996 outlined in the FBI and State Sampling
Tallahassee, FL 32302, telephone The Small Business Regulatory Standards. (For a copy of the standards,
number (850) 410–7100. Enforcement Fairness Act (5 U.S.C. 801– contact the FBI Compact Officer, 1000
804) is not applicable to the Council’s Custer Hollow Road, Module C–3,
SUPPLEMENTARY INFORMATION: This
rule because the Compact Council is not Clarksburg, WV 26306–0001.)
document finalizes the Compact
Council rule proposed in the Federal a ‘‘Federal agency’’ as defined by 5 Dated: November 3, 2005.
Register on June 22, 2005. The Compact U.S.C. 804(1). Likewise, the reporting Donna M. Uzzell,
Council accepted comments on the requirement of the Congressional Compact Council Chairman.
proposed rule until July 22, 2005; Review Act (Subtitle E of the Small [FR Doc. 05–23948 Filed 12–12–05; 8:45 am]
however, no comments were received. Business Regulatory Enforcement BILLING CODE 4410–02–P
Fairness Act) does not apply. See 5
Administrative Procedures and U.S.C. 804.
Executive Orders
List of Subjects in 28 CFR Part 905 PRESIDIO TRUST
Administrative Procedure Act
Crime, Privacy, Information, Safety.
The Compact Council, composed of 36 CFR Part 1011
15 members including 11 state and local ■ Accordingly, title 28 of the Code of
Federal Regulations, chapter IX is RIN 3212–AA07
governmental representatives, is
authorized to promulgate rules, amended by adding part 905 to read as
follows: Debt Collection
procedures, and standards for the
effective and proper use of the III AGENCY: Presidio Trust.
PART 905—NATIONAL FINGERPRINT
System for noncriminal justice ACTION: Final rule.
FILE (NFF) PROGRAM QUALIFICATION
purposes. The Compact Council is
REQUIREMENTS SUMMARY: The Presidio Trust published
publishing this rule in compliance with
the mandate that rules, procedures, or Sec. a proposed rule in the Federal Register
standards established by the Council be 905.1 Definition. on August 4, 2005 (70 FR 44870–44878)
published in the Federal Register. See 905.2 Purpose and authority. concerning debt collection in
42 U.S.C. 14616, Articles II(4), VI(a)(1), 905.3 Participation in the NFF Program. connection with the area under the
and VI(e). This publication complies Authority: 42 U.S.C. 14616. administrative jurisdiction of the
with those requirements. Presidio Trust. The public comment
§ 905.1 Definition. period on the proposed rule closed on
Executive Order 12866 ‘‘National Fingerprint File’’ means a September 19, 2005. No comment was
The Compact Council is not an database of fingerprints, or other received by the Presidio Trust. This
executive department or independent uniquely personal identifying final rule adopts debt collection
regulatory agency as defined in 44 information, relating to an arrested or regulations to conform to the Debt
U.S.C. 3502; accordingly, Executive charged individual maintained by the Collection Improvement Act of 1996,
Order 12866 is not applicable. FBI to provide positive identification of the Federal Claims Collection

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