[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Department of Justice Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part IX





Department of Justice





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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
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                                                                                                     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)..................................................................
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                                       Legal Activities--Completed Actions
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                                                                                                     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..................................................................................
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_______________________________________________________________________


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]
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