[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6228-6229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02092]
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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
[[Page 6229]]
April 4, 2014. 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 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
Actual and 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.
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 actual or 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 1400 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 actual or 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.
January 28, 2014.
Jerri Murray,
Department Clearance Officer, PRA, U.S. Department of Justice.
[FR Doc. 2014-02092 Filed 1-31-14; 8:45 am]
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