Inspection of Records Relating to Depiction of Sexually Explicit Performances

Forms and Documents

Document Name	Status
1123-0009_83I_praform.pdf Supplementary Document	2009-03-25
Updated_041609_PRA Supporting Statement for 2257 and 2257A final rule 2008_11_07.doc Supporting Statement A	2009-04-16

IC Document Collections

IC ID	Document Title	Status
12663	Inspection of Records Relating to Depiction of Sexually Explicit Performances	Modified

ICR Details

OMB Control No: 1123-0009	ICR Reference No: 200903-1123-002
Status: Historical Active	Previous ICR Reference No: 200704-1123-004
Agency/Subagency: DOJ/CD	Agency Tracking No:
Title: Inspection of Records Relating to Depiction of Sexually Explicit Performances
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/27/2009
	Date Received in OIRA: 03/25/2009
Terms of Clearance: Although OMB recognizes the effect of a recent rule change on this collection, OMB notes that DOJ had been collecting information associated with this collection between June 2008 and March 2009 without a valid OMB Control Number, which is a violation of the Paperwork Reduction Act.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2012	36 Months From Approved
Responses	2,300,000	0	0
Time Burden (Hours)	230,000	0	0
Cost Burden (Dollars)	2,530,000	0	0

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Abstract: This final rule amends the record-keeping and inspection requirements of 28 CFR Part 75 to bring the requirement up to date with current law, to improve understanding of the regulatory system, and to make the inspection process effective for the purposes set by Congress in enacting 18 U.S.C. 2257, relating to the sexual exploitation and other abuse of children.

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Authorizing Statute(s): US Code: 18 USC 2257 Name of Law: Adam Walsh Child Safety and Protection Act
  

Citations for New Statutory Requirements: US Code: 18 USC 2257a Name of Law: Adam Walsh Child Safety and Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1105-AB18	Final or interim final rulemaking	73 FR 77432	12/18/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Inspection of Records Relating to Depiction of Sexually Explicit Performances

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,300,000	0	1,300,000	0	0	1,000,000
Annual Time Burden (Hours)	230,000	0	130,000	0	0	100,000
Annual Cost Burden (Dollars)	2,530,000	0	1,830,000	0	0	700,000

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This information collection request has increased because of more responses estimated by statute.

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Annual Cost to Federal Government: $2,530,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/25/2009

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