This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, Sec.  1(b), Principles of Regulation. The 
Department of Justice has determined that this rule is a ``significant 
regulatory action'' under Executive Order 12866, Sec.  3(f). 
Accordingly this rule has been reviewed by the Office of Management and 
Budget.
    The benefit of the regulation is that children will be better 
protected from exploitation in the production of sexually explicit 
depictions by ensuring that only those who are at least 18 years of age 
perform in such sexually explicit depictions. The costs to the industry 
include slightly higher record-keeping costs and the potential time 
spent assisting inspectors in the process of inspecting the required 
records. In the proposed rule, the Department expressly encouraged all 
affected commercial entities to provide specific estimates, wherever 
possible, of the economic costs that this rule will impose on them. 
Notwithstanding that request, not a single commenter provided any data 
on this aspect of the rule. Accordingly, the costs that this final rule 
will impose remain uncertain.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
Sec. Sec.  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 were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1501 et seq.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100,000,000 or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Paperwork Reduction Act

    This rule modifies existing requirements to clarify the record-
keeping requirements pursuant to Congressional enactments and the 
development of the Internet.
    This rule contains a new information collection that satisfies the 
requirements of existing regulations to clarify the means of 
maintaining and organizing the required documents. This information 
collection, titled Inspection of Records Relating to Depiction of 
Sexually Explicit Performances, has been submitted to the Office of 
Management and Budget (OMB) for approval. Although comments were 
solicited from the public, in accordance with the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3501 et seq., in the proposed rule, no comments 
were received.

List of Subjects in 28 CFR Part 75

    Crime, Infants and children, Reporting and recordkeeping 
requirements.