Attorney General's Guidelines on Implementation of the Provisions of the Voting Rights Act Regarding Language Minority Groups, 54110-54112 [2011-22160]
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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
appropriate to the aircraft category and class
rating for which the course applies.
(b) Each student must demonstrate
satisfactory proficiency prior to receiving an
endorsement to operate an aircraft in solo
flight.
PART 142—TRAINING CENTERS
20. The authority citation for 14 CFR
part 142 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 40119,
44101, 44701–44703, 44705, 44707, 44709–
44711, 45102–45103, 45301–45302.
21. Amend § 142.3 by revising the
definition of Flight training equipment
to read as follows:
■
§ 142.3
Definitions.
*
*
*
*
*
Flight training equipment means
flight simulators, as defined in
§ 61.1(b)(6) of this chapter, flight
training devices, as defined in
§ 61.1(b)(8) of this chapter, and aircraft.
*
*
*
*
*
Issued in Washington, DC, on August 19,
2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011–22308 Filed 8–30–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
28 CFR Part 55
[CRT Docket No. 121; A.G. Order No. 3291–
2011]
Attorney General’s Guidelines on
Implementation of the Provisions of
the Voting Rights Act Regarding
Language Minority Groups
Civil Rights Division,
Department of Justice.
ACTION: Final rule.
AGENCY:
This rule updates the
Attorney General’s interpretative
guidelines under the language minority
provisions of the Voting Rights Act,
which require certain states and
political subdivisions to conduct
elections in the language of certain
‘‘language minority groups’’ in addition
to English. The rule reflects 2006
statutory amendments extending the
time period for which covered
jurisdictions must adhere to the
minority language requirements in
sections 4(f)(4) and 203 of the Voting
Rights Act. The rule also amends the
Appendix to the guidelines to reflect
2002 coverage determinations based
upon the 2000 Census made by the
Director of the Census pursuant to
section 203(b) of the Act. It also makes
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SUMMARY:
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technical changes to conform the
guidelines to the 2006 and 2008
amendments to the Voting Rights Act,
the 2002 Census determinations, and a
2009 Supreme Court decision, as well as
to add or correct statutory citations.
DATES: Effective Date: August 31, 2011.
FOR FURTHER INFORMATION CONTACT: T.
Christian Herren, Jr., Chief, Voting
Section, Civil Rights Division, United
States Department of Justice, Room
7254–NWB, 950 Pennsylvania Avenue,
NW., Washington, DC 20530, or by
telephone at 800–253–3931.
SUPPLEMENTARY INFORMATION: Section
203 of the Voting Rights Act, which
requires covered jurisdictions to use
languages in addition to English in the
electoral process, was added to the
Voting Rights Act in 1975, and was
amended and extended in 1982, 1992,
and, most recently, on July 27, 2006.
120 Stat. 577, Public Law 109–246. The
2006 amendments to the Voting Rights
Act extended the requirements of
section 203 until August 6, 2032.
Section 4(f)(4) of the Voting Rights Act,
which requires certain jurisdictions
covered by the other special provisions
of the Act to use languages in addition
to English in the electoral process, was
added to the Voting Rights Act in 1975,
and was extended in 1982 and in 2006.
The 2006 amendments to the Voting
Rights Act extended the requirements of
section 4(f)(4) until 25 years from the
July 27, 2006 date of the enactment of
those amendments.
Pursuant to section 203(b) of the
Voting Rights Act, 42 U.S.C. 1973aa–
1a(b), the Director of the Census
published in the Federal Register on
July 26, 2002, new determinations of
coverage based upon the 2000 Census.
67 FR 48871. Under the terms of section
203(b)(4), these determinations became
effective upon publication in the
Federal Register and are not subject to
judicial review. Also, on July 26, 2002,
the Assistant Attorney General of the
Civil Rights Division sent a letter to
each covered jurisdiction to notify the
jurisdiction of the determinations of
coverage, the language minority group
or groups for which the jurisdiction is
covered, and to provide suggestions to
the jurisdiction for developing a
successful program of compliance.
These letters provided the jurisdictions
with a copy of the Census
determinations, as published on July 26,
2002, in the Federal Register, and a
copy of the then-existing Attorney
General’s interpretative guidelines, 28
CFR part 55.
This rule conforms the Attorney
General’s language minority
interpretative guidelines, 28 CFR part
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55, to the new determinations of
coverage. No new determinations of
coverage have been made pursuant to
section 4(f)(4) of the Act. Further
information about the language minority
requirements of the Act can be found on
the Web site of the Voting Section of the
U.S. Department of Justice Civil Rights
Division at https://www.justice.gov/crt/
voting.
The definition of ‘‘Act’’ in § 55.1
(describing the amendments to the
Voting Rights Act) has been amended to
reflect the fact of the enactment of the
2006 and 2008 amendments to the
Voting Rights Act. Paragraph (a) of
§ 55.4 has been amended to add
statutory citations. Paragraphs (a) and
(b) of § 55.7 have been amended to
reflect the extension of the time period
for the requirements of sections 4(f)(4)
and 203 contained in the 2006
amendments to the Voting Rights Act.
These paragraphs also have been
amended to clarify that earlier
termination of these requirements is
possible through a bailout action, and to
incorporate the United States Supreme
Court’s interpretation of the bailout
provision of section 4(a) of the Voting
Rights Act contained in Northwest
Austin Municipal Utility District
Number One v. Holder, 557 U.S. ll,
129 S. Ct. 2504 (2009). Paragraph (b) of
§ 55.8 has been amended to reflect the
change in the 2006 amendments to the
Voting Rights Act repealing provisions
relating to Federal examiners and
substituting references to federal
observers. The last sentence in § 55.11
has been amended to reflect the manner
in which the Director of the Census
reported the new coverage
determinations under Section 203 after
the 2000 Census. Paragraph (b) of
§ 55.23 is amended to correct an
erroneous statutory citation. The
Appendix to Part 55 has been revised to
reflect the 2002 determinations of the
Director of the Census based upon 2000
Census data.
Administrative Procedure Act 5 U.S.C.
553
This rule amends interpretative rules
and is therefore exempt from the notice
requirement of 5 U.S.C. 553(b) and the
opportunity for public participation
requirement of 5 U.S.C. 553(c), and the
delayed effective date requirement of 5
U.S.C. 553(d) is not mandatory. As
provided in 28 CFR 55.24, comments
and suggestions from interested persons
on the Attorney General’s language
minority guidelines are always
welcome.
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule
and by approving it certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities because it
applies only to governmental entities
and jurisdictions that already are
required by sections 4(f)(4) and 203 of
the Voting Rights Act to provide
information related to elections and
voting in one or more languages other
than English, and this rule does not
change these requirements. These
jurisdictions have been subject to the
requirements of section 4(f)(4) since at
least 1975 or 1976, and have been
subject to the requirements of section
203 since at least 2002, when the most
recent determinations of the Director of
the Census were published in the
Federal Register. In addition, a
Regulatory Flexibility Analysis was not
required to be prepared for this rule
because the Department was not
required to publish a general notice of
proposed rulemaking for this matter.
Executive Order 12866—Regulatory
Planning and Review
This rule has been drafted and
reviewed in accordance with Executive
Order 12866 Regulatory Planning and
Review, § 1(b), Principles of Regulation.
This rule merely updates an appendix to
reflect determinations made by the
Bureau of the Census and makes minor
technical changes in pre-existing
interpretative rules and, therefore, is not
a ’’regulation’’ or ’’rule’’ as defined by
Executive Order 12866, § 3(d).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget.
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Executive Order 13132—Federalism
This rule does not have federalism
implications warranting the preparation
of a federalism assessment under
Section 6 of Executive Order 13132
because the rule does not alter or
modify the existing, statutory
requirements of Section 203 of the
Voting Rights Act imposed on the states,
including units of local government or
political subdivisions of the states.
Executive Order 12988—Civil Justice
Reform
This rule meets the applicable
standards set forth in Sections 3(a) and
3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
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Jkt 223001
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Plain Language Instructions
Suggestions on improving the clarity
of this document should be provided by
mail to T. Christian Herren, Jr., Chief,
Voting Section, Civil Rights Division,
United States Department of Justice,
Room 7254–NWB, 950 Pennsylvania
Avenue, NW., Washington, DC 20530,
or by telephone to 800–253–3931.
Congressional Review Act
This action pertains to agency
organization, procedure, or practice and
does not substantially affect the rights or
obligations of non-agency parties and,
accordingly, is not a ‘‘rule’’ as that term
is used by the Congressional Review Act
(Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA)). Therefore, the
reporting requirement of 5 U.S.C. 801
does not apply.
List of Subjects in 28 CFR Part 55
Administrative practice and
procedure, Civil rights, Elections,
Voting rights.
Accordingly, by virtue of the
authority vested in me as Attorney
General, including 5 U.S.C. 301, 28
U.S.C. 509 and 510, 42 U.S.C. 1973b,
1973j(d), 1973aa–1a and 1973aa–2, and
for the reasons set forth in the preamble,
Part 55 of title 28 of the Code of Federal
Regulations is amended as set forth
below.
PART 55—IMPLEMENTATION OF THE
PROVISIONS OF THE VOTING RIGHTS
ACT REGARDING LANGUAGE
MINORITY GROUPS
1. The authority citation continues to
read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510; 42 U.S.C. 1973b, 1973j(d), 1973aa–1a,
1973aa–2.
2. Amend § 55.1 by revising the
definition of ‘‘Act’’ to read as follows:
■
§ 55.1
Definitions.
*
*
*
*
*
Act means the Voting Rights Act of
1965, 79 Stat. 437, Public Law 89–110,
as amended by the Civil Rights Act of
1968, 82 Stat. 73, Public Law 90–284,
the Voting Rights Act Amendments of
1970, 84 Stat. 314, Public Law 91–285,
the District of Columbia Delegate Act,
84 Stat. 853, Public Law 91–405, the
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54111
Voting Rights Act Amendments of 1975,
89 Stat. 400, Public Law 94–73, the
Voting Rights Act Amendments of 1982,
96 Stat. 131, Public Law 97–205, the
Voting Rights Language Assistance Act
of 1992, 106 Stat. 921, Public Law 102–
344, the Fannie Lou Hamer, Rosa Parks,
Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act
of 2006, 120 Stat. 577, Public Law 109–
246, and the Act to Revise the Short
Title of the Fannie Lou Hamer, Rosa
Parks, and Coretta Scott King Voting
Rights Act Reauthorization and
Amendments Act, 122 Stat. 2428, Public
Law 110–258, 42 U.S.C. 1973 et seq.
Section numbers, such as ‘‘section
14(c)(3),’’ refer to sections of the Act.
*
*
*
*
*
3. Amend § 55.4 by revising paragraph
(a) to read as follows:
■
§ 55.4 Effective date; list of covered
jurisdictions.
(a) The minority language provisions
of the Voting Rights Act were added by
the Voting Rights Act Amendments of
1975, and amended and extended in
1982, 1992, and 2006.
(1) The requirements of section 4(f)(4)
take effect upon publication in the
Federal Register of the requisite
determinations of the Director of the
Census and the Attorney General. Such
determinations are not reviewable in
any court. See section 4(b).
(2) The requirements of section 203(c)
take effect upon publication in the
Federal Register of the requisite
determinations of the Director of the
Census. Such determinations are not
reviewable in any court. See section
203(b)(4).
*
*
*
*
*
■
4. Revise § 55.7 to read as follows:
§ 55.7
Termination of coverage.
(a) Section 4(f)(4). The requirements
of section 4(f)(4) apply for a twenty-fiveyear period following the effective date
of the amendments made by the Fannie
Lou Hamer, Rosa Parks, Coretta Scott
´
´
King, Cesar E. Chavez, Barbara C.
´
Jordan, William C. Velasquez, and Dr.
Hector P. Garcia Voting Rights Act
Reauthorization and Amendments Act
of 2006, which amendments became
effective on July 27, 2006. See section
4(a)(8). A covered State, a political
subdivision of a covered State, a
separately covered political subdivision,
or a political subunit of any of the
above, may terminate the application of
section 4(f)(4) earlier by obtaining the
declaratory judgment described in
section 4(a) of the Act.
(b) Section 203(c). The requirements
of section 203(c) apply until August 6,
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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
2032. See section 203(b). A covered
jurisdiction may terminate Section 203
coverage earlier if it can prove in a
declaratory judgment action in a United
States district court, that the illiteracy
rate of the applicable language minority
group is equal to or less than the
national illiteracy rate, as described in
section 203(d) of the Act.
subject to the Act’s special provisions,
such as section 5 (regarding
preclearance of changes in voting laws)
and section 8 (regarding federal
observers).2 See part 51 of this chapter.
*
*
*
*
*
■ 6. Amend § 55.11 by revising the last
sentence to read as follows:
5. Amend § 55.8 by revising paragraph
(b) to read as follows:
§ 55.11
■
§ 55.8 Relationship between section 4(f)(4)
and section 203(c).
*
*
*
*
*
(b) Jurisdictions subject to the
requirements of section 4(f)(4)—but not
jurisdictions subject only to the
requirements of section 203(c)—are also
General.
* * * For those jurisdictions covered
under section 203(c), the coverage
determination (indicated in the
appendix) may specify the particular
language minority group (in
parentheses) for which the jurisdiction
is covered, but does not specify the
language or dialect to be used for such
group.
7. Amend § 55.23 by revising
paragraph (b) to read as follows:
■
§ 55.23 Enforcement by the Attorney
General.
*
*
*
*
*
(b) Also, certain violations may be
subject to criminal sanctions. See
sections 12(a) and (c) and 205.
8. Revise the Appendix to part 55 to
read as follows:
■
Appendix to Part 55—Jurisdictions
Covered Under Sections 4(f)(4) and
203(c) of the Voting Rights Act of 1965,
as Amended [Applicable language
minority group(s)]
Coverage under sec. 4(f)(4) 1
Jurisdiction
Coverage under sec. 203(c) 2
1 Coverage
determinations for Section 4(f)(4) were published at 40 FR 43746 (Sept. 23, 1975), 40 FR 49422 (Oct. 22, 1975), 41 FR 783 (Jan.
5, 1976) (corrected at 41 FR 1503 (Jan. 8, 1976)), and 41 FR 34329 (Aug. 13, 1976). The Voting Section maintains a current list of those jurisdictions that have maintained successful declaratory judgments from the United States District Court for the District of Columbia pursuant to section 4 of the Act on its Web site at https://www.justice.gov/crt/about/vot/. See § 55.7 of this part.
2 Coverage determinations for Section 203 based on 2000 Census data were published at 67 FR 48871 (July 26, 2002). Subsequent coverage
determinations for Section 203 will be based on 2010 American Community Survey census data and subsequent American Community Survey
data in 5-year increments, or comparable census data. See section 203(b)(2)(A). New coverage determinations for Section 203 by the Director of
the Census Bureau are forthcoming.
Dated: August 24, 2011.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2011–22160 Filed 8–30–11; 8:45 am]
BILLING CODE 4410–13–P
DEPARTMENT OF JUSTICE
28 CFR Part 104
[Docket No. CIV 151]
RIN 1105–AB39
James Zadroga 9/11 Health and
Compensation Act of 2010
Department of Justice.
Final rule.
AGENCY:
ACTION:
On January 2, 2011, President
Obama signed into law the James
Zadroga 9/11 Health and Compensation
Act of 2010 (Zadroga Act). Title II of the
Zadroga Act reactivates the September
11th Victim Compensation Fund of
2001 and requires a Special Master,
appointed by the Attorney General, to
provide compensation to any individual
(or a personal representative of a
deceased individual) who suffered
physical harm or was killed as a result
of the terrorist-related aircraft crashes of
September 11, 2001, or the debris
removal efforts that took place in the
immediate aftermath of those crashes.
The Attorney General appointed Sheila
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SUMMARY:
2 In addition, a jurisdiction covered under section
203(c) but not under section 4(f)(4) is subject to the
VerDate Mar<15>2010
15:18 Aug 30, 2011
Jkt 223001
L. Birnbaum to serve as Special Master
and administer the Fund. On June 21,
2011, the Special Master issued a Notice
of Proposed Rulemaking that proposed
to amend the regulations implementing
the Fund to reflect the changes made by
the Zadroga Act. After reviewing the
extensive public comments and meeting
with numerous victims, victims’
families, and other groups, the Special
Master is issuing this final rule and
associated commentary, which make
certain clarifications and changes that
are designed to address issues that have
been raised. Specifically, the final rule
clarifies, supplements, and amends the
proposed rule by, among other things:
Expanding the geographic zone
recognized as a ‘‘9/11 crash site’’;
providing greater consistency with the
World Trade Center Health Program by
adding additional forms of proof that
may be used to establish eligibility; and
clarifying the types of fees and charges
that would come within the caps on
amounts that a claimant’s representative
may charge in connection with a claim
made to the Fund.
This final rule takes effect on
October 3, 2011.
DATES:
FOR FURTHER INFORMATION CONTACT:
Kenneth L. Zwick, Director, Office of
Management Programs, Civil Division,
U.S. Department of Justice, Main
Building, Room 3140, 950 Pennsylvania
Act’s special provisions if it was covered under
PO 00000
Frm 00042
Fmt 4700
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Avenue, NW., Washington, DC 20530,
telephone 855–885–1555 (TTY 855–
885–1558).
SUPPLEMENTARY INFORMATION:
Background
Pursuant to Title IV of Public Law
107–42 (‘‘Air Transportation Safety and
System Stabilization Act’’) (2001 Act),
the September 11th Victim
Compensation Fund of 2001 was open
for claims from December 21, 2001,
through December 22, 2003. The Fund
provided compensation to eligible
individuals who were physically
injured as a result of the terrorist-related
aircraft crashes of September 11, 2001,
and to personal representatives of those
who died as a result of the crashes.
Special Master Kenneth R. Feinberg
was appointed by the Attorney General
to administer the Fund. The Fund was
governed by Interim Final Regulations
issued on December 21, 2001, see 66 FR
66274, and by Final Regulations issued
on March 13, 2002, see 67 FR 11233.
During its two years of operation, the
Fund distributed over $7.049 billion to
survivors of 2,880 persons killed in the
September 11th attacks and to 2,680
individuals who were injured in the
attacks or in the rescue efforts
conducted thereafter. In 2004, Special
Master Feinberg issued a report
describing how the fund was
administered. See Final Report of the
section 4(b) prior to the 1975 Amendments to the
Act.
E:\FR\FM\31AUR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Rules and Regulations]
[Pages 54110-54112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22160]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 55
[CRT Docket No. 121; A.G. Order No. 3291-2011]
Attorney General's Guidelines on Implementation of the Provisions
of the Voting Rights Act Regarding Language Minority Groups
AGENCY: Civil Rights Division, Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule updates the Attorney General's interpretative
guidelines under the language minority provisions of the Voting Rights
Act, which require certain states and political subdivisions to conduct
elections in the language of certain ``language minority groups'' in
addition to English. The rule reflects 2006 statutory amendments
extending the time period for which covered jurisdictions must adhere
to the minority language requirements in sections 4(f)(4) and 203 of
the Voting Rights Act. The rule also amends the Appendix to the
guidelines to reflect 2002 coverage determinations based upon the 2000
Census made by the Director of the Census pursuant to section 203(b) of
the Act. It also makes technical changes to conform the guidelines to
the 2006 and 2008 amendments to the Voting Rights Act, the 2002 Census
determinations, and a 2009 Supreme Court decision, as well as to add or
correct statutory citations.
DATES: Effective Date: August 31, 2011.
FOR FURTHER INFORMATION CONTACT: T. Christian Herren, Jr., Chief,
Voting Section, Civil Rights Division, United States Department of
Justice, Room 7254-NWB, 950 Pennsylvania Avenue, NW., Washington, DC
20530, or by telephone at 800-253-3931.
SUPPLEMENTARY INFORMATION: Section 203 of the Voting Rights Act, which
requires covered jurisdictions to use languages in addition to English
in the electoral process, was added to the Voting Rights Act in 1975,
and was amended and extended in 1982, 1992, and, most recently, on July
27, 2006. 120 Stat. 577, Public Law 109-246. The 2006 amendments to the
Voting Rights Act extended the requirements of section 203 until August
6, 2032. Section 4(f)(4) of the Voting Rights Act, which requires
certain jurisdictions covered by the other special provisions of the
Act to use languages in addition to English in the electoral process,
was added to the Voting Rights Act in 1975, and was extended in 1982
and in 2006. The 2006 amendments to the Voting Rights Act extended the
requirements of section 4(f)(4) until 25 years from the July 27, 2006
date of the enactment of those amendments.
Pursuant to section 203(b) of the Voting Rights Act, 42 U.S.C.
1973aa-1a(b), the Director of the Census published in the Federal
Register on July 26, 2002, new determinations of coverage based upon
the 2000 Census. 67 FR 48871. Under the terms of section 203(b)(4),
these determinations became effective upon publication in the Federal
Register and are not subject to judicial review. Also, on July 26,
2002, the Assistant Attorney General of the Civil Rights Division sent
a letter to each covered jurisdiction to notify the jurisdiction of the
determinations of coverage, the language minority group or groups for
which the jurisdiction is covered, and to provide suggestions to the
jurisdiction for developing a successful program of compliance. These
letters provided the jurisdictions with a copy of the Census
determinations, as published on July 26, 2002, in the Federal Register,
and a copy of the then-existing Attorney General's interpretative
guidelines, 28 CFR part 55.
This rule conforms the Attorney General's language minority
interpretative guidelines, 28 CFR part 55, to the new determinations of
coverage. No new determinations of coverage have been made pursuant to
section 4(f)(4) of the Act. Further information about the language
minority requirements of the Act can be found on the Web site of the
Voting Section of the U.S. Department of Justice Civil Rights Division
at https://www.justice.gov/crt/voting.
The definition of ``Act'' in Sec. 55.1 (describing the amendments
to the Voting Rights Act) has been amended to reflect the fact of the
enactment of the 2006 and 2008 amendments to the Voting Rights Act.
Paragraph (a) of Sec. 55.4 has been amended to add statutory
citations. Paragraphs (a) and (b) of Sec. 55.7 have been amended to
reflect the extension of the time period for the requirements of
sections 4(f)(4) and 203 contained in the 2006 amendments to the Voting
Rights Act. These paragraphs also have been amended to clarify that
earlier termination of these requirements is possible through a bailout
action, and to incorporate the United States Supreme Court's
interpretation of the bailout provision of section 4(a) of the Voting
Rights Act contained in Northwest Austin Municipal Utility District
Number One v. Holder, 557 U.S. ----, 129 S. Ct. 2504 (2009). Paragraph
(b) of Sec. 55.8 has been amended to reflect the change in the 2006
amendments to the Voting Rights Act repealing provisions relating to
Federal examiners and substituting references to federal observers. The
last sentence in Sec. 55.11 has been amended to reflect the manner in
which the Director of the Census reported the new coverage
determinations under Section 203 after the 2000 Census. Paragraph (b)
of Sec. 55.23 is amended to correct an erroneous statutory citation.
The Appendix to Part 55 has been revised to reflect the 2002
determinations of the Director of the Census based upon 2000 Census
data.
Administrative Procedure Act 5 U.S.C. 553
This rule amends interpretative rules and is therefore exempt from
the notice requirement of 5 U.S.C. 553(b) and the opportunity for
public participation requirement of 5 U.S.C. 553(c), and the delayed
effective date requirement of 5 U.S.C. 553(d) is not mandatory. As
provided in 28 CFR 55.24, comments and suggestions from interested
persons on the Attorney General's language minority guidelines are
always welcome.
[[Page 54111]]
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this rule and by approving it
certifies that this rule will not have a significant economic impact on
a substantial number of small entities because it applies only to
governmental entities and jurisdictions that already are required by
sections 4(f)(4) and 203 of the Voting Rights Act to provide
information related to elections and voting in one or more languages
other than English, and this rule does not change these requirements.
These jurisdictions have been subject to the requirements of section
4(f)(4) since at least 1975 or 1976, and have been subject to the
requirements of section 203 since at least 2002, when the most recent
determinations of the Director of the Census were published in the
Federal Register. In addition, a Regulatory Flexibility Analysis was
not required to be prepared for this rule because the Department was
not required to publish a general notice of proposed rulemaking for
this matter.
Executive Order 12866--Regulatory Planning and Review
This rule has been drafted and reviewed in accordance with
Executive Order 12866 Regulatory Planning and Review, Sec. 1(b),
Principles of Regulation. This rule merely updates an appendix to
reflect determinations made by the Bureau of the Census and makes minor
technical changes in pre-existing interpretative rules and, therefore,
is not a ''regulation'' or ''rule'' as defined by Executive Order
12866, Sec. 3(d). Accordingly, this rule has not been reviewed by the
Office of Management and Budget.
Executive Order 13132--Federalism
This rule does not have federalism implications warranting the
preparation of a federalism assessment under Section 6 of Executive
Order 13132 because the rule does not alter or modify the existing,
statutory requirements of Section 203 of the Voting Rights Act imposed
on the states, including units of local government or political
subdivisions of the states.
Executive Order 12988--Civil Justice Reform
This rule meets the applicable standards set forth in Sections 3(a)
and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Plain Language Instructions
Suggestions on improving the clarity of this document should be
provided by mail to T. Christian Herren, Jr., Chief, Voting Section,
Civil Rights Division, United States Department of Justice, Room 7254-
NWB, 950 Pennsylvania Avenue, NW., Washington, DC 20530, or by
telephone to 800-253-3931.
Congressional Review Act
This action pertains to agency organization, procedure, or practice
and does not substantially affect the rights or obligations of non-
agency parties and, accordingly, is not a ``rule'' as that term is used
by the Congressional Review Act (Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the
reporting requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 55
Administrative practice and procedure, Civil rights, Elections,
Voting rights.
Accordingly, by virtue of the authority vested in me as Attorney
General, including 5 U.S.C. 301, 28 U.S.C. 509 and 510, 42 U.S.C.
1973b, 1973j(d), 1973aa-1a and 1973aa-2, and for the reasons set forth
in the preamble, Part 55 of title 28 of the Code of Federal Regulations
is amended as set forth below.
PART 55--IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT
REGARDING LANGUAGE MINORITY GROUPS
0
1. The authority citation continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 1973b,
1973j(d), 1973aa-1a, 1973aa-2.
0
2. Amend Sec. 55.1 by revising the definition of ``Act'' to read as
follows:
Sec. 55.1 Definitions.
* * * * *
Act means the Voting Rights Act of 1965, 79 Stat. 437, Public Law
89-110, as amended by the Civil Rights Act of 1968, 82 Stat. 73, Public
Law 90-284, the Voting Rights Act Amendments of 1970, 84 Stat. 314,
Public Law 91-285, the District of Columbia Delegate Act, 84 Stat. 853,
Public Law 91-405, the Voting Rights Act Amendments of 1975, 89 Stat.
400, Public Law 94-73, the Voting Rights Act Amendments of 1982, 96
Stat. 131, Public Law 97-205, the Voting Rights Language Assistance Act
of 1992, 106 Stat. 921, Public Law 102-344, the Fannie Lou Hamer, Rosa
Parks, Coretta Scott King Voting Rights Act Reauthorization and
Amendments Act of 2006, 120 Stat. 577, Public Law 109-246, and the Act
to Revise the Short Title of the Fannie Lou Hamer, Rosa Parks, and
Coretta Scott King Voting Rights Act Reauthorization and Amendments
Act, 122 Stat. 2428, Public Law 110-258, 42 U.S.C. 1973 et seq. Section
numbers, such as ``section 14(c)(3),'' refer to sections of the Act.
* * * * *
0
3. Amend Sec. 55.4 by revising paragraph (a) to read as follows:
Sec. 55.4 Effective date; list of covered jurisdictions.
(a) The minority language provisions of the Voting Rights Act were
added by the Voting Rights Act Amendments of 1975, and amended and
extended in 1982, 1992, and 2006.
(1) The requirements of section 4(f)(4) take effect upon
publication in the Federal Register of the requisite determinations of
the Director of the Census and the Attorney General. Such
determinations are not reviewable in any court. See section 4(b).
(2) The requirements of section 203(c) take effect upon publication
in the Federal Register of the requisite determinations of the Director
of the Census. Such determinations are not reviewable in any court. See
section 203(b)(4).
* * * * *
0
4. Revise Sec. 55.7 to read as follows:
Sec. 55.7 Termination of coverage.
(a) Section 4(f)(4). The requirements of section 4(f)(4) apply for
a twenty-five-year period following the effective date of the
amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott
King, C[eacute]sar E. Ch[aacute]vez, Barbara C. Jordan, William C.
Vel[aacute]squez, and Dr. Hector P. Garcia Voting Rights Act
Reauthorization and Amendments Act of 2006, which amendments became
effective on July 27, 2006. See section 4(a)(8). A covered State, a
political subdivision of a covered State, a separately covered
political subdivision, or a political subunit of any of the above, may
terminate the application of section 4(f)(4) earlier by obtaining the
declaratory judgment described in section 4(a) of the Act.
(b) Section 203(c). The requirements of section 203(c) apply until
August 6,
[[Page 54112]]
2032. See section 203(b). A covered jurisdiction may terminate Section
203 coverage earlier if it can prove in a declaratory judgment action
in a United States district court, that the illiteracy rate of the
applicable language minority group is equal to or less than the
national illiteracy rate, as described in section 203(d) of the Act.
0
5. Amend Sec. 55.8 by revising paragraph (b) to read as follows:
Sec. 55.8 Relationship between section 4(f)(4) and section 203(c).
* * * * *
(b) Jurisdictions subject to the requirements of section 4(f)(4)--
but not jurisdictions subject only to the requirements of section
203(c)--are also subject to the Act's special provisions, such as
section 5 (regarding preclearance of changes in voting laws) and
section 8 (regarding federal observers).\2\ See part 51 of this
chapter.
---------------------------------------------------------------------------
\2\ In addition, a jurisdiction covered under section 203(c) but
not under section 4(f)(4) is subject to the Act's special provisions
if it was covered under section 4(b) prior to the 1975 Amendments to
the Act.
---------------------------------------------------------------------------
* * * * *
0
6. Amend Sec. 55.11 by revising the last sentence to read as follows:
Sec. 55.11 General.
* * * For those jurisdictions covered under section 203(c), the
coverage determination (indicated in the appendix) may specify the
particular language minority group (in parentheses) for which the
jurisdiction is covered, but does not specify the language or dialect
to be used for such group.
0
7. Amend Sec. 55.23 by revising paragraph (b) to read as follows:
Sec. 55.23 Enforcement by the Attorney General.
* * * * *
(b) Also, certain violations may be subject to criminal sanctions.
See sections 12(a) and (c) and 205.
0
8. Revise the Appendix to part 55 to read as follows:
Appendix to Part 55--Jurisdictions Covered Under Sections 4(f)(4) and
203(c) of the Voting Rights Act of 1965, as Amended [Applicable
language minority group(s)]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Jurisdiction Coverage under sec. 4(f)(4) \1\ Coverage under sec. 203(c) \2\
----------------------------------------------------------------------------------------------------------------
\1\ Coverage determinations for Section 4(f)(4) were published at 40 FR 43746 (Sept. 23, 1975), 40 FR 49422
(Oct. 22, 1975), 41 FR 783 (Jan. 5, 1976) (corrected at 41 FR 1503 (Jan. 8, 1976)), and 41 FR 34329 (Aug. 13,
1976). The Voting Section maintains a current list of those jurisdictions that have maintained successful
declaratory judgments from the United States District Court for the District of Columbia pursuant to section 4
of the Act on its Web site at https://www.justice.gov/crt/about/vot/. See Sec. 55.7 of this part.
\2\ Coverage determinations for Section 203 based on 2000 Census data were published at 67 FR 48871 (July 26,
2002). Subsequent coverage determinations for Section 203 will be based on 2010 American Community Survey
census data and subsequent American Community Survey data in 5-year increments, or comparable census data. See
section 203(b)(2)(A). New coverage determinations for Section 203 by the Director of the Census Bureau are
forthcoming.
Dated: August 24, 2011.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2011-22160 Filed 8-30-11; 8:45 am]
BILLING CODE 4410-13-P
