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[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Rules and Regulations]
[Pages 54110-54112]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22160]

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DEPARTMENT OF JUSTICE

28 CFR Part 55

[CRT Docket No. 121; A.G. Order No. 3291-2011]

Attorney General's Guidelines on Implementation of the Provisions 
of the Voting Rights Act Regarding Language Minority Groups

AGENCY: Civil Rights Division, Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule updates the Attorney General's interpretative 
guidelines under the language minority provisions of the Voting Rights 
Act, which require certain states and political subdivisions to conduct 
elections in the language of certain ``language minority groups'' in 
addition to English. The rule reflects 2006 statutory amendments 
extending the time period for which covered jurisdictions must adhere 
to the minority language requirements in sections 4(f)(4) and 203 of 
the Voting Rights Act. The rule also amends the Appendix to the 
guidelines to reflect 2002 coverage determinations based upon the 2000 
Census made by the Director of the Census pursuant to section 203(b) of 
the Act. It also makes technical changes to conform the guidelines to 
the 2006 and 2008 amendments to the Voting Rights Act, the 2002 Census 
determinations, and a 2009 Supreme Court decision, as well as to add or 
correct statutory citations.

DATES: Effective Date: August 31, 2011.

FOR FURTHER INFORMATION CONTACT: T. Christian Herren, Jr., Chief, 
Voting Section, Civil Rights Division, United States Department of 
Justice, Room 7254-NWB, 950 Pennsylvania Avenue, NW., Washington, DC 
20530, or by telephone at 800-253-3931.

SUPPLEMENTARY INFORMATION: Section 203 of the Voting Rights Act, which 
requires covered jurisdictions to use languages in addition to English 
in the electoral process, was added to the Voting Rights Act in 1975, 
and was amended and extended in 1982, 1992, and, most recently, on July 
27, 2006. 120 Stat. 577, Public Law 109-246. The 2006 amendments to the 
Voting Rights Act extended the requirements of section 203 until August 
6, 2032. Section 4(f)(4) of the Voting Rights Act, which requires 
certain jurisdictions covered by the other special provisions of the 
Act to use languages in addition to English in the electoral process, 
was added to the Voting Rights Act in 1975, and was extended in 1982 
and in 2006. The 2006 amendments to the Voting Rights Act extended the 
requirements of section 4(f)(4) until 25 years from the July 27, 2006 
date of the enactment of those amendments.
    Pursuant to section 203(b) of the Voting Rights Act, 42 U.S.C. 
1973aa-1a(b), the Director of the Census published in the Federal 
Register on July 26, 2002, new determinations of coverage based upon 
the 2000 Census. 67 FR 48871. Under the terms of section 203(b)(4), 
these determinations became effective upon publication in the Federal 
Register and are not subject to judicial review. Also, on July 26, 
2002, the Assistant Attorney General of the Civil Rights Division sent 
a letter to each covered jurisdiction to notify the jurisdiction of the 
determinations of coverage, the language minority group or groups for 
which the jurisdiction is covered, and to provide suggestions to the 
jurisdiction for developing a successful program of compliance. These 
letters provided the jurisdictions with a copy of the Census 
determinations, as published on July 26, 2002, in the Federal Register, 
and a copy of the then-existing Attorney General's interpretative 
guidelines, 28 CFR part 55.
    This rule conforms the Attorney General's language minority 
interpretative guidelines, 28 CFR part 55, to the new determinations of 
coverage. No new determinations of coverage have been made pursuant to 
section 4(f)(4) of the Act. Further information about the language 
minority requirements of the Act can be found on the Web site of the 
Voting Section of the U.S. Department of Justice Civil Rights Division 
at http://www.justice.gov/crt/voting.
    The definition of ``Act'' in Sec.  55.1 (describing the amendments 
to the Voting Rights Act) has been amended to reflect the fact of the 
enactment of the 2006 and 2008 amendments to the Voting Rights Act. 
Paragraph (a) of Sec.  55.4 has been amended to add statutory 
citations. Paragraphs (a) and (b) of Sec.  55.7 have been amended to 
reflect the extension of the time period for the requirements of 
sections 4(f)(4) and 203 contained in the 2006 amendments to the Voting 
Rights Act. These paragraphs also have been amended to clarify that 
earlier termination of these requirements is possible through a bailout 
action, and to incorporate the United States Supreme Court's 
interpretation of the bailout provision of section 4(a) of the Voting 
Rights Act contained in Northwest Austin Municipal Utility District 
Number One v. Holder, 557 U.S. ----, 129 S. Ct. 2504 (2009). Paragraph 
(b) of Sec.  55.8 has been amended to reflect the change in the 2006 
amendments to the Voting Rights Act repealing provisions relating to 
Federal examiners and substituting references to federal observers. The 
last sentence in Sec.  55.11 has been amended to reflect the manner in 
which the Director of the Census reported the new coverage 
determinations under Section 203 after the 2000 Census. Paragraph (b) 
of Sec.  55.23 is amended to correct an erroneous statutory citation. 
The Appendix to Part 55 has been revised to reflect the 2002 
determinations of the Director of the Census based upon 2000 Census 
data.

Administrative Procedure Act 5 U.S.C. 553

    This rule amends interpretative rules and is therefore exempt from 
the notice requirement of 5 U.S.C. 553(b) and the opportunity for 
public participation requirement of 5 U.S.C. 553(c), and the delayed 
effective date requirement of 5 U.S.C. 553(d) is not mandatory. As 
provided in 28 CFR 55.24, comments and suggestions from interested 
persons on the Attorney General's language minority guidelines are 
always welcome.

[[Page 54111]]

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this rule and by approving it 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities because it applies only to 
governmental entities and jurisdictions that already are required by 
sections 4(f)(4) and 203 of the Voting Rights Act to provide 
information related to elections and voting in one or more languages 
other than English, and this rule does not change these requirements. 
These jurisdictions have been subject to the requirements of section 
4(f)(4) since at least 1975 or 1976, and have been subject to the 
requirements of section 203 since at least 2002, when the most recent 
determinations of the Director of the Census were published in the 
Federal Register. In addition, a Regulatory Flexibility Analysis was 
not required to be prepared for this rule because the Department was 
not required to publish a general notice of proposed rulemaking for 
this matter.

Executive Order 12866--Regulatory Planning and Review

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866 Regulatory Planning and Review, Sec.  1(b), 
Principles of Regulation. This rule merely updates an appendix to 
reflect determinations made by the Bureau of the Census and makes minor 
technical changes in pre-existing interpretative rules and, therefore, 
is not a ''regulation'' or ''rule'' as defined by Executive Order 
12866, Sec.  3(d). Accordingly, this rule has not been reviewed by the 
Office of Management and Budget.

Executive Order 13132--Federalism

    This rule does not have federalism implications warranting the 
preparation of a federalism assessment under Section 6 of Executive 
Order 13132 because the rule does not alter or modify the existing, 
statutory requirements of Section 203 of the Voting Rights Act imposed 
on the states, including units of local government or political 
subdivisions of the states.

Executive Order 12988--Civil Justice Reform

    This rule meets the applicable standards set forth in Sections 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 are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Plain Language Instructions

    Suggestions on improving the clarity of this document should be 
provided by mail to T. Christian Herren, Jr., Chief, Voting Section, 
Civil Rights Division, United States Department of Justice, Room 7254-
NWB, 950 Pennsylvania Avenue, NW., Washington, DC 20530, or by 
telephone to 800-253-3931.

Congressional Review Act

    This action pertains to agency organization, procedure, or practice 
and does not substantially affect the rights or obligations of non-
agency parties and, accordingly, is not a ``rule'' as that term is used 
by the Congressional Review Act (Subtitle E of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the 
reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 28 CFR Part 55

    Administrative practice and procedure, Civil rights, Elections, 
Voting rights.

    Accordingly, by virtue of the authority vested in me as Attorney 
General, including 5 U.S.C. 301, 28 U.S.C. 509 and 510, 42 U.S.C. 
1973b, 1973j(d), 1973aa-1a and 1973aa-2, and for the reasons set forth 
in the preamble, Part 55 of title 28 of the Code of Federal Regulations 
is amended as set forth below.

PART 55--IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT 
REGARDING LANGUAGE MINORITY GROUPS

0
1. The authority citation continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 1973b, 
1973j(d), 1973aa-1a, 1973aa-2.

0
2. Amend Sec.  55.1 by revising the definition of ``Act'' to read as 
follows:

Sec.  55.1  Definitions.

* * * * *
    Act means the Voting Rights Act of 1965, 79 Stat. 437, Public Law 
89-110, as amended by the Civil Rights Act of 1968, 82 Stat. 73, Public 
Law 90-284, the Voting Rights Act Amendments of 1970, 84 Stat. 314, 
Public Law 91-285, the District of Columbia Delegate Act, 84 Stat. 853, 
Public Law 91-405, the Voting Rights Act Amendments of 1975, 89 Stat. 
400, Public Law 94-73, the Voting Rights Act Amendments of 1982, 96 
Stat. 131, Public Law 97-205, the Voting Rights Language Assistance Act 
of 1992, 106 Stat. 921, Public Law 102-344, the Fannie Lou Hamer, Rosa 
Parks, Coretta Scott King Voting Rights Act Reauthorization and 
Amendments Act of 2006, 120 Stat. 577, Public Law 109-246, and the Act 
to Revise the Short Title of the Fannie Lou Hamer, Rosa Parks, and 
Coretta Scott King Voting Rights Act Reauthorization and Amendments 
Act, 122 Stat. 2428, Public Law 110-258, 42 U.S.C. 1973 et seq. Section 
numbers, such as ``section 14(c)(3),'' refer to sections of the Act.
* * * * *

0
3. Amend Sec.  55.4 by revising paragraph (a) to read as follows:

Sec.  55.4  Effective date; list of covered jurisdictions.

    (a) The minority language provisions of the Voting Rights Act were 
added by the Voting Rights Act Amendments of 1975, and amended and 
extended in 1982, 1992, and 2006.
    (1) The requirements of section 4(f)(4) take effect upon 
publication in the Federal Register of the requisite determinations of 
the Director of the Census and the Attorney General. Such 
determinations are not reviewable in any court. See section 4(b).
    (2) The requirements of section 203(c) take effect upon publication 
in the Federal Register of the requisite determinations of the Director 
of the Census. Such determinations are not reviewable in any court. See 
section 203(b)(4).
* * * * *

0
4. Revise Sec.  55.7 to read as follows:

Sec.  55.7  Termination of coverage.

    (a) Section 4(f)(4). The requirements of section 4(f)(4) apply for 
a twenty-five-year period following the effective date of the 
amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott 
King, C[eacute]sar E. Ch[aacute]vez, Barbara C. Jordan, William C. 
Vel[aacute]squez, and Dr. Hector P. Garcia Voting Rights Act 
Reauthorization and Amendments Act of 2006, which amendments became 
effective on July 27, 2006. See section 4(a)(8). A covered State, a 
political subdivision of a covered State, a separately covered 
political subdivision, or a political subunit of any of the above, may 
terminate the application of section 4(f)(4) earlier by obtaining the 
declaratory judgment described in section 4(a) of the Act.
    (b) Section 203(c). The requirements of section 203(c) apply until 
August 6,

[[Page 54112]]

2032. See section 203(b). A covered jurisdiction may terminate Section 
203 coverage earlier if it can prove in a declaratory judgment action 
in a United States district court, that the illiteracy rate of the 
applicable language minority group is equal to or less than the 
national illiteracy rate, as described in section 203(d) of the Act.

0
5. Amend Sec.  55.8 by revising paragraph (b) to read as follows:

Sec.  55.8  Relationship between section 4(f)(4) and section 203(c).

* * * * *
    (b) Jurisdictions subject to the requirements of section 4(f)(4)--
but not jurisdictions subject only to the requirements of section 
203(c)--are also subject to the Act's special provisions, such as 
section 5 (regarding preclearance of changes in voting laws) and 
section 8 (regarding federal observers).\2\ See part 51 of this 
chapter.
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    \2\ In addition, a jurisdiction covered under section 203(c) but 
not under section 4(f)(4) is subject to the Act's special provisions 
if it was covered under section 4(b) prior to the 1975 Amendments to 
the Act.
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* * * * *

0
6. Amend Sec.  55.11 by revising the last sentence to read as follows:

Sec.  55.11  General.

    * * * For those jurisdictions covered under section 203(c), the 
coverage determination (indicated in the appendix) may specify the 
particular language minority group (in parentheses) for which the 
jurisdiction is covered, but does not specify the language or dialect 
to be used for such group.

0
7. Amend Sec.  55.23 by revising paragraph (b) to read as follows:

Sec.  55.23  Enforcement by the Attorney General.

* * * * *
    (b) Also, certain violations may be subject to criminal sanctions. 
See sections 12(a) and (c) and 205.

0
8. Revise the Appendix to part 55 to read as follows:

Appendix to Part 55--Jurisdictions Covered Under Sections 4(f)(4) and 
203(c) of the Voting Rights Act of 1965, as Amended [Applicable 
language minority group(s)]

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Jurisdiction                          Coverage under sec. 4(f)(4) \1\       Coverage under sec. 203(c) \2\
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\1\ Coverage determinations for Section 4(f)(4) were published at 40 FR 43746 (Sept. 23, 1975), 40 FR 49422
  (Oct. 22, 1975), 41 FR 783 (Jan. 5, 1976) (corrected at 41 FR 1503 (Jan. 8, 1976)), and 41 FR 34329 (Aug. 13,
  1976). The Voting Section maintains a current list of those jurisdictions that have maintained successful
  declaratory judgments from the United States District Court for the District of Columbia pursuant to section 4
  of the Act on its Web site at http://www.justice.gov/crt/about/vot/. See Sec.   55.7 of this part.
\2\ Coverage determinations for Section 203 based on 2000 Census data were published at 67 FR 48871 (July 26,
  2002). Subsequent coverage determinations for Section 203 will be based on 2010 American Community Survey
  census data and subsequent American Community Survey data in 5-year increments, or comparable census data. See
  section 203(b)(2)(A). New coverage determinations for Section 203 by the Director of the Census Bureau are
  forthcoming.

    Dated: August 24, 2011.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2011-22160 Filed 8-30-11; 8:45 am]
BILLING CODE 4410-13-P
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