[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Page 38]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32197]



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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

28 CFR Part 16

[A.G. Order No. 1943-94]


Fee for Production of Identification Record

agency: Federal Bureau of Investigation, Department of Justice.

action: Final rule.

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summary: The cost for production of a Federal Bureau of Investigation 
(FBI) identification record has increased from $17 to $18. This final 
rule will permit the FBI to increase the fee from $17 to $18 for the 
production of identification records for the subjects of such records.

EFFECTIVE DATE: February 2, 1995.

for further information contact: Bennie F. Brewer, FBI, Criminal 
Justice Information Services Division, Programs Support Section, 
Washington, D.C. 20535, telephone number (202) 324-2607.

supplementary information: A proposed rule to increase the fee for the 
production of identification records to the subjects of such records 
was published for notice and comment in the Federal Register on August 
29, 1994 (59 FR 44383). Interested persons were allowed 30 days to 
submit comments on the proposal. No comments were received.
    Departmental Order 556-73 (38 FR 32806, November 28, 1973) directed 
that the FBI publish rules for 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 No. 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 and 510, and 5 U.S.C. 301, Part 16 of Title 28 
of the CFR is 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 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. 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: December 20, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-32197 Filed 12-30-94; 8:45 am]
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