Submission for OMB Review; Comment Request, 21775 [E9-10958]
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[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)] [Notices] [Page 21775] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: E9-10958] [[Page 21957]] ----------------------------------------------------------------------- Part IX Department of Justice ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 21958]] DEPARTMENT OF JUSTICE (DOJ) _______________________________________________________________________ DEPARTMENT OF JUSTICE 8 CFR Ch. V 21 CFR Ch. I 27 CFR Ch. II 28 CFR Ch. I Regulatory Agenda AGENCY: Department of Justice. ACTION: Semiannual regulatory agenda. _______________________________________________________________________ SUMMARY: The Department of Justice is publishing its spring 2009 regulatory agenda pursuant to Executive Order 12866 ``Regulatory Planning and Review,'' 58 FR 51735, and the Regulatory Flexibility Act, 5 U.S.C. sections 601 to 612 (1988). FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel, Office of Legal Policy, Department of Justice, Room 4252, 950 Pennsylvania Avenue NW., Washington, DC 20530, (202) 514-8059. SUPPLEMENTARY INFORMATION: Beginning with the fall 2007 edition, the Internet is now the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of Justice's printed agenda entries include only: (1) Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. The Regulatory Flexibility Act (RFA) requires that, each year, the Department publish a list of those regulations that have a significant economic impact upon a substantial number of small entities and are to be reviewed under section 610 of the Act during the succeeding 12 months. This edition of the Department's regulatory agenda includes two regulations requiring such a review: ``Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities'' (RIN 1190-AA44) and ``Nondiscrimination on the Basis of Disability in State and Local Government Services'' (RIN 1190-AA46). In accordance with the RFA, comments are specifically invited on these regulations. Those comments should be addressed to the contact persons listed in the entries for these items. Dated: March 10, 2009. Kevin R. Jones, Acting Assistant Attorney General, Office of Legal Policy. Civil Rights Division--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 227 Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial 1190-AA44 Facilities (Section 610 Review)....................................................... 228 Nondiscrimination on the Basis of Disability in State and Local Government Services 1190-AA46 (Section 610 Review).................................................................. ---------------------------------------------------------------------------------------------------------------- Legal Activities--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 229 Revised Inspection of Records Relating to Depiction of Sexually Explicit Performances. 1105-AB18 230 Implementation of Section 503 of the Adam Walsh Child Protection and Safety Act of 1105-AB19 2006.................................................................................. ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Department of Justice (DOJ) Final Rule Stage Civil Rights Division (CRT) _______________________________________________________________________ 227. NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES (SECTION 610 REVIEW) Legal Authority: 5 USC 301; 28 USC 509; 28 USC 510; 42 USC 12186(b) Abstract: In 1991, the Department of Justice published regulations to implement title III of the Americans With Disabilities Act of 1990 (ADA). Those regulations include the ADA Standards for Accessible Design, which establish requirements for the design and construction of accessible facilities that are consistent with the ADA Accessibility Guidelines (ADAAG) published by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board). In the time since the regulations became effective, the Department of Justice and the Access Board have each gathered a great deal of information regarding the implementation of the Standards. The Access Board began the process of revising ADAAG a number of years ago. It published new ADAAG in final form on July 23, 2004, after having published guidelines in proposed form in November 1999 and in draft final form in April 2002. In order to maintain [[Page 21959]] consistency between ADAAG and the ADA Standards, the Department is reviewing its title III regulations and expects to propose, in one or more stages, to adopt revised ADA Standards consistent with the final revised ADAAG and to make related revisions to the Department's title III regulations. In addition to maintaining consistency between ADAAG and the Standards, the purpose of this review and these revisions is to more closely coordinate with voluntary standards; to clarify areas which, through inquiries and comments to the Department's technical assistance phone lines, have been shown to cause confusion; to reflect evolving technologies in areas affected by the Standards; and to comply with section 610 of the Regulatory Flexibility Act, which requires agencies once every 10 years to review rules that have a significant economic impact upon a substantial number of small entities. The first step in adopting revised Standards was an advance notice of proposed rulemaking that was published in the Federal Register on September 30, 2004, at 69 FR 58768, issued under both title II and title III. The Department believes that the advance notice simplified and clarified the preparation of the proposed rule. In addition to giving notice that the proposed rule will adopt revised ADA accessibility standards, the advance notice raised questions for public comment and proposed a framework for the regulatory analysis that accompanied the proposed rule. The adoption of revised ADAAG will also serve to address changes to the ADA Standards previously proposed in RIN 1190-AA26, RIN 1190-AA38, RIN 1190-AA47, and RIN 1190-AA50, all of which have now been withdrawn from the Unified Agenda. These changes include technical specifications for facilities designed for use by children, accessibility standards for State and local government facilities, play areas, and recreation facilities, all of which had previously been published by the Access Board. The timetable set forth below refers to the notice of proposed rulemaking that the Department issued as the second step of the above described title III rulemaking. This notice proposed to adopt revised ADA Standards for Accessible Design consistent with the minimum guidelines of the revised ADAAG, and initiated the review of the regulation in accordance with the requirements of section 610 of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 09/30/04 69 FR 58768 ANPRM Comment Period End 01/28/05 ANPRM Comment Period Extended 01/19/05 70 FR 2992 ANPRM Comment Period End 05/31/05 NPRM 06/17/08 73 FR 34508 NPRM Comment Period End 08/18/08 NPRM Correction 06/30/08 73 FR 37009 Final Action 09/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: John L. Wodatch, Chief, Disability Rights Section, Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue NW, Washington, DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 Fax: 202 307-1198 RIN: 1190-AA44 _______________________________________________________________________ 228. NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES (SECTION 610 REVIEW) Legal Authority: 5 USC 301; 28 USC 509 to 510; 42 USC 12134; PL 101-336 Abstract: On July 26, 1991, the Department published its final rule implementing title II of the Americans With Disabilities Act (ADA). On November 16, 1999, the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) issued its first comprehensive review of the ADA Accessibility Guidelines (ADAAG), which form the basis of the Department's ADA Standards for Accessible Design. The Access Board published an Availability of Draft Final Guidelines on April 2, 2002, and published the ADA Accessibility Guidelines in final form on July 23, 2004. The ADA (section 204(c)) requires the Department's standards to be consistent with the Access Board's guidelines. In order to maintain consistency between ADAAG and the Standards, the Department is reviewing its title II regulations and expects to propose, in one or more stages, to adopt revised standards consistent with new ADAAG. The Department will also, in one or more stages, review its title II regulations for purposes of section 610 of the Regulatory Flexibility Act and make related changes to its title II regulations. In addition to the statutory requirement for the rule, the social and economic realities faced by Americans with disabilities dictate the need for the rule. Individuals with disabilities cannot participate in the social and economic activities of the Nation without being able to access the programs and services of State and local governments. Further, amending the Department's ADA regulations will improve the format and usability of the ADA Standards for Accessible Design; harmonize the differences between the ADA Standards and national consensus standards and model codes; update the ADA Standards to reflect technological developments that meet the needs of persons with disabilities; and coordinate future ADA Standards revisions with national standards and model code organizations. As a result, the overarching goal of improving access for persons with disabilities so that they can benefit from the goods, services, and activities provided to the public by covered entities will be met. The first part of the rulemaking process was an advance notice of proposed rulemaking, published in the Federal Register on September 30, 2004, at 69 FR 58768, issued under both title II and title III. The Department believes the advance notice simplified and clarified the preparation of the proposed rule to follow. In addition to giving notice of the proposed rule that will adopt revised ADA accessibility standards, the advance notice raised questions for public comment and proposed a framework for the regulatory analysis that accompanied the proposed rule. The adoption of revised ADA Standards consistent with revised ADAAG will also serve to address changes to the ADA Standards previously proposed under RIN 1190-AA26, RIN 1190-AA38, RIN 1190-AA47, and RIN 1190-AA50, all of which have now been withdrawn from the Unified Agenda. These changes include technical specifications for facilities designed for use by children, accessibility standards [[Page 21960]] for State and local government facilities, play areas, and recreation facilities, all of which had previously been published by the Access Board. The timetable set forth below refers to the notice of proposed rulemaking that the Department issued as the second step of the above- described title III rulemaking. This notice also proposed to eliminate the Uniform Federal Accessibility Standards (UFAS) as an alternative to the ADA Standards for Accessible Design. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 09/30/04 69 FR 58768 ANPRM Comment Period End 01/28/05 ANPRM Comment Period Extended 01/19/05 70 FR 2992 ANPRM Comment Period End 05/31/05 NPRM 06/17/08 73 FR 34466 NPRM Comment Period End 08/18/08 NPRM Correction 06/30/08 73 FR 36964 Final Action 09/00/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: John L. Wodatch, Chief, Disability Rights Section, Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue NW, Washington, DC 20030 Phone: 800 514-0301 TDD Phone: 800 514-0383 Fax: 202 307-1198 RIN: 1190-AA46 _______________________________________________________________________ Department of Justice (DOJ) Completed Actions Legal Activities (LA) _______________________________________________________________________ 229. REVISED INSPECTION OF RECORDS RELATING TO DEPICTION OF SEXUALLY EXPLICIT PERFORMANCES Legal Authority: 18 USC 2257; PL 109-248 Abstract: In the Child Protection and Obscenity Enforcement Act of 1998, Public Law No. 100-690, as amended by the Child Protection Restoration and Penalties Enhancement Act of 1990, Public Law No. 101- 647, and the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003, Public Law No. 108-21, Congress set forth requirements at section 2257, title 18, United States Code, concerning recordkeeping requirements for producers of sexually explicit material. Section 2257 of title 18, United States Code, specifies steps that must be taken by persons who produce materials depicting sexually explicit conduct to determine the names and dates of birth of persons depicted in those materials, lists records that must be kept by persons producing those materials, and requires that notices as to the location of those records be affixed to those materials. 28 CFR part 75 contains recordkeeping and inspection requirements implementing section 2257, title 18, United States Code. On May 24, 2005 (70 FR 29607), the Department published a final rule amending these requirements at 28 CFR part 75 to bring the regulations up to date and to make the inspection process effective for the purposes set by Congress in enacting section 2257. This rule amends the recordkeeping and inspection requirements of 28 CFR part 75 to account for changes in the underlying statute, 18 U.S.C. section 2257, made by the Adam Walsh Child Protection and Safety Act of 2006. Completed: ________________________________________________________________________ Reason Date FR Cite ________________________________________________________________________ Final Action 12/18/08 73 FR 77432 Final Action Effective 01/20/09 Compliance Date 03/18/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Andrew Oosterbaan Phone: 202 514-5780 Fax: 202 514-1793 RIN: 1105-AB18 _______________________________________________________________________ 230. IMPLEMENTATION OF SECTION 503 OF THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 Legal Authority: 18 USC 2257A Abstract: This rule adds recordkeeping and inspection requirements to title 28 of the Code of Federal Regulations to implement 18 U.S.C. section 2257A. Section 2257A, enacted as section 503 of the Adam Walsh Child Protection and Safety Act of 2006, requires a producer of depictions of simulated sexually explicit conduct to maintain records of the identities and ages of performers in those depictions. Completed: ________________________________________________________________________ Reason Date FR Cite ________________________________________________________________________ Final Action 12/18/08 73 FR 77432 Final Action Effective 01/20/09 Compliance Date 03/18/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Andrew Oosterbaan Phone: 202 514-5780 Fax: 202 514-1793 RIN: 1105-AB19 [FR Doc. E9-10273 Filed 05-08-09; 8:45 am] BILLING CODE 4410-BP-S ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices [[Page 21775]] DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request May 6, 2009. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), OIRA_Submission@OMB.EOP.GOV or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Food and Nutrition Service Title: Report of School Program Operations. OMB Control Number: 0584-0002. Summary of Collection: The Food and Nutrition Service administers the National School Lunch Program, the School Breakfast Program, and the Special Milk Program as mandated by the National School Lunch Act, as amended, and the Child Nutrition Act of 1966, as amended. Information on school program operations is collected from state agencies on a monthly basis to monitor and make adjustments to State agency funding requirements. FNS uses form FNS-10 to collect data although 100 percent of the information is collected through electronic means. Need and Use of the Information: FNS collects quantity information from State agencies on the number of meals served under the various food programs. Information is categorized in a number of areas and States are asked to provide their estimates along with actual data. FNS uses the information collected on school operations to assess the progress of the various programs and to make monthly adjustments to State agency funding requirements. If the information was not collected, FNS would be unable to monitor the proper use of program funds. Description of Respondents: State, Local, or Tribal Government. Number of Respondents: 57. Frequency of Responses: Reporting: Monthly. Total Burden Hours: 5,472. Food and Nutrition Service Title: Report of the Child and Adult Care Food Program. OMB Control Number: 0584-0078. Summary of Collection: The Child and Adult Care Food Program is mandated by Section 17 of the National School Lunch Act, as amended. Program implementation is contained in 7 CFR part 226. The Food and Nutrition Service (FNS) collects information using Form FNS-44 to use in managing the Child and Adult Care Food Program. This report is vital since it is the only means by which FNS can obtain current information necessary to make payments to State agency letters of credit, and to plan for future levels of program funding. Need and Use of the Information: FNS will collect information in order to analyze progress in the program and to make monthly adjustments to State agency funding requirements. If data is not collected FNS would be unable to monitor the proper use of program funds. Description of Respondents: State, Local or Tribal Government. Number of Respondents: 55. Frequency of Responses: Reporting: Quarterly; Semi-annually; Monthly. Total Burden Hours: 1,980. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E9-10958 Filed 5-8-09; 8:45 am] BILLING CODE 3410-30-P
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