[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Notices]
[Pages 3003-3004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1058]


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DEPARTMENT OF JUSTICE

[OMB Number 1123-0009]


Agency Information Collection Activities: Information Collection 
Renewal; Comments Requested: Inspection of Records Relating to Visual 
Depictions of Simulated Sexually Explicit Performances

ACTION: 60-Day notice of information collection.

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    The Department of Justice (DOJ), Criminal Division, Child 
Exploitation and Obscenity Section (CEOS) will submit the following 
information collection renewal to the Office of Management and Budget 
(OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995. The information collection renewal is published 
to obtain comments from the public and affected agencies. Comments are 
encouraged and will be accepted for ``sixty days'' until March 20, 
2012. This process is conducted in accordance with 5 CFR 1320.10.
    If you have comments especially on the estimated number of 
respondents, estimated public burden or associated response time, 
suggestions, or need

[[Page 3004]]

additional information, please contact Andrew G. Oosterbaan, Chief, 
Child Exploitation and Obscenity Section, Criminal Division, United 
States Department of Justice, Washington, DC 20530, email: 
[email protected], phone: (202) 514-5780. This is not a toll-free 
number.
    Written comments and suggestions from the public and affected 
agencies concerning the collection of information are encouraged. Your 
comments should address one or more of the following four points:
    (1) 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;
    (2) The accuracy of the agency's estimate of the burden of the 
collection of information, including the validity of the methodology 
and assumptions used;
    (3) How to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How 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, e.g., permitting 
electronic submission of responses.

Summary of Information Collection

    (1) Type of Information Collection: Renewal of a currently approved 
collection.
    (2) Title: Inspection of Records Relating to Visual Depictions of 
Simulated Sexually Explicit Performances.
    (3) Agency form number, if any: None.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Business or other for-profit. Other: 
None.
    Abstract: This is a renewal of an existing information collection 
implementing the record-keeping, labeling, and inspection requirements 
of 28 CFR part 75, accounting for changes in the underlying statute 
made by Congress in enacting the Adam Walsh Child Protection and Safety 
Act of 2006.

Need for Collection

    The information collection documents the record-keeping, labeling, 
and inspection requirements for producers of visual depictions of 
actual and simulated sexually explicit conduct, and the certification 
regime for the exemption from these requirements, in certain 
circumstances, for producers of visual depictions of simulated sexually 
explicit conduct and visual depictions of actual sexually explicit 
conduct constituting the lascivious exhibition of the genitals or pubic 
area of a person. These statutory requirements of 28 CFR part 75, 
codified at 18 U.S.C. 2257 and 2257A, are designed to ensure that 
visual depictions of sexually explicit conduct are produced in 
accordance with laws and regulations, and without the involvement of 
minors under 18 years of age.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The Department 
is unable to estimate with any precision the number of entities 
producing visual depictions of simulated sexually explicit conduct. As 
a partial indication, the Department's 2008 regulatory review, 
including the information collection request and PRA Supporting 
Statement (RIN 1105-AB19), cited data collected by the U.S. Census 
Bureau in 2002. Employing the same method of analysis, according to 
data collected by the U.S. Census Bureau in 2007, there were 11,974 
establishments engaged in motion picture and video production in the 
United States. Based on a rough assumption that 10% of the 
establishments are engaged in the production of visual depictions of 
simulated sexually explicit conduct, the Department estimates that 
approximately 1,974 motion picture and video producing establishments 
are required to comply with these statutory requirements. (The 
Department does not certify this estimate.)
    Additionally, the statute provides an exemption from these 
requirements applicable in certain circumstances, and it requires 
producers to submit certifications to qualify for this exemption. From 
March 18, 2009, the effective date of the certification regime, to the 
present, the Department has received approximately 865 certification 
letters. For the entities that qualify for the exemption, the 
Department estimates that it would take less than 20 hours per year to 
prepare the biennial certification required for the exemption.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: If OMB were to assume that 3,000,000 visual 
depictions of simulated sexually explicit conduct are created each year 
and that it requires 6 minutes to complete the record-keeping 
requirement for each depiction, the record-keeping requirements would 
impose a burden of 300,000 hours. If, however, OMB were to assume that 
producers of 90% of these depictions qualify for the statutory 
exemption from these requirements, the requirements would only impose a 
burden of 30,000 hours (These estimates were included in the 
Department's 2008 regulatory review, including the information 
collection request and PRA Supporting Statement (RIN 1105-AB19). The 
Department does not certify the accuracy of these numbers.)
    If additional information is required contact: Jerri Murray, 
Department Clearance Officer, Policy and Planning Staff, Justice 
Management Division, Department of Justice, Two Constitution Square, 
Room 2E-508, 145 Street NE., Washington, DC 20530.

Jerri Murray,
Department Clearance Officer, PRA, U.S. Department of Justice.
[FR Doc. 2012-1058 Filed 1-19-12; 8:45 am]
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