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SECTION 23.30(b) Comment: One commentor asked: Who defines the areas of criminal activity that "represent a significant and recognized threat to the population?" Response: The determination of areas of criminal activity focus and priority are matters for projects, project policy boards and member agencies to determine, provided that the additional regulatory requirements set forth in Section 23.30(b) are met. MONITORING AND AUDITING OF GRANTS - SECTION 23.40(a) -13- Comment: One commentor asked: 'Who is responsible for developing the specialized monitoring and audit of awards for intelligence systems to insure compliance with the operating principles"? Response: The grantor agency (the agency awarding a sub-grant to support an intelligence system) shall establish and approve a plan for specialized monitoring and audit of sub-awards prior to award. For the BJA Formula Grant Program, the State agency receiving the award from BJA is the grantor agency. Technical assistance and support in establishing a monitoring and audit plan is available through BJA. INFORMATION ON JUVENILES Comment: Can intelligence information pertaining to a juvenile who otherwise meets criminal intelligence system submission criteria be entered into an intelligence data base? Response: There is no limitation or restriction on entering intelligence information on juvenile subjects set forth in Federal law or regulation. However, State law may restrict or prohibit the maintenance or dissemination of such information by its law enforcement agencies. Therefore, State laws should be carefully reviewed to determine their impact on this practice and appropriate project policies adopted. Executive Order 12291 These regulations are not a "major rule" as defined by section 1(b) of Executive Order No. 12291,3 CFR part 127 (1981), because they do not result in: (a) An effect on the economy of $100 million or more, (b) a major increase in any costs or prices, or (c) adverse effects on competition, employment, investment, productivity, or innovation among American enterprises. Regulatory Flexibility Act These regulations are not a rule within the meaning of the Regulatory Flexibility Act, 5 U.S. C. 601-612. These regulations,if promulgated, will not have a "significant" economic impact on a substantial number of small"entities," as defined by the Regulatory Flexibility Act. Paperwork Reduction Act There are no collection of information requirements contained in the proposed regulation. List of Subjects in 28 CFR Part 23 Administrative practice and procedure, Grant programs, Intelligence, Law Enforcement. For the reasons set out in the preamble, title 28, part 23 of the Code of Federal Regulations is revised to read as follows: PART 23--CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES Sec. 1. Purpose. 2. Background. 3. Applicability. 4. Operating principles. WEISS West Bay Region Node MOU Agreement Page 39 of 48