Justia Regulation Tracker

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[Federal Register: August 15, 2008 (Volume 73, Number 159)]
[Rules and Regulations]               
[Page 47829-47831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au08-7]                         

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DEPARTMENT OF STATE

22 CFR Part 94

[Public Notice: 6320]
RIN 1400-AC45

 
Procedures for Children Abducted to the United States; Interim 
Final Rule

AGENCY: Department of State.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule amends regulations regarding incoming 
parental abduction cases pursuant to the Hague Convention on the Civil 
Aspects of International Child Abduction. Incoming cases will be 
processed by the United States Central Authority (USCA), the Office of 
Children's Issues in the Bureau of Consular Affairs within the U.S. 
Department of State or an entity designated by the USCA.

DATES: This rule is effective August 15, 2008.
    The Department will accept written comments from the public through 
September 15, 2008.

ADDRESSES: You may submit comments, identified by RIN 1400-AC45, by 
either of the following methods:
     Electronic comments: Submit through the Federal 
eRulemaking Portal; http://www.regulations.gov. Follow the instructions 
for submitting comments.
     Mail: Address all written submissions to Corrin M. Ferber, 
CA/OCS/PRI, U.S. Department of State, 2100 Pennsylvania Ave., NW., 4th 
Floor, Washington, DC 20037, fax 202-736-9111.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions must include the agency name and Regulatory 
Information Number (RIN) identification above for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Corrin M. Ferber, CA/OCS/PRI, U.S. 
Department of State, Room 4039, 2201 C Street, NW., Washington, DC 
20520; telephone: (202) 736-9172 (this is not a toll free number). 
Hearing-or speech-impaired persons may use the Telecommunications 
Devices for the Deaf (TDD) by contacting the Federal Information Relay 
Service at 1-800-877-8339.

[[Page 47830]]

SUPPLEMENTARY INFORMATION: Since 1988, the Department of State has 
served as the United States Central Authority (USCA) under the Hague 
Convention on the Civil Aspects of International Child Abduction (Hague 
Convention). The Office of Children's Issues (CI) in the Department's 
Bureau of Consular Affairs serves as the primary point of contact for 
abduction cases and is responsible for processing all Hague Convention 
applications seeking the return of children wrongfully removed or 
retained in the United States from any other Hague Convention 
contracting state. In addition, CI is responsible for facilitating 
access rights under the Hague Convention. In FY 2007, CI processed 
approximately 575 cases involving 821 children who were reported 
abducted from or retained outside the United States in other Hague 
contracting countries. Another 355 cases involving 518 children who 
were reported abducted to or retained in the United States from other 
Hague contracting countries were also processed in FY 2007 (Hague 
incoming cases).
    The processing of incoming Hague Convention applications requires 
case officers to communicate with foreign Central Authorities about 
incoming cases, to determine the whereabouts of children wrongfully 
taken to the United States, to attempt to promote the voluntary return 
of abducted children, and to facilitate the initiation of judicial 
proceedings with a view toward securing the return of abducted 
children. Many of the case officer functions involve extensive contact 
with local law enforcement officials, social service agencies, legal 
aid organizations and local bar associations.
    22 CFR part 94 is being amended to reflect the fact that CI will 
resume case officer functions for Hague Convention cases where a child 
has been abducted to or retained in the United States, or will select 
an entity to assist the Central Authority to carry out these 
obligations. Since 1996, these functions have been carried out by the 
National Center for Missing and Exploited Children (NCMEC). See 61 FR 
7069 (Feb. 26, 1996); 60 FR 66073 (Dec. 21, 1995). CI continued to 
perform the remaining USCA functions during this time and retained 
ultimate responsibility for all incoming cases, and all inherently 
governmental functions, including matters of Hague Convention 
interpretation and policy direction. In March 2008, in an effort to 
reintegrate these various USCA functions, CI significantly modified its 
agreement with the Department of Justice's Office of Juvenile Justice 
and Delinquency Prevention and NCMEC such that CI would resume the case 
officer functions.
    This change reflects the expansion of CI's capacity to manage the 
full range of case officer functions for incoming Hague abduction 
cases. During the past 12 years, CI has significantly increased its 
capacity to carry out casework, including its ability to liaise with 
other federal agencies; federal, state and local law enforcement; 
domestic and foreign social service agencies, non-governmental 
organizations; legal aid organizations; and local bar associations. The 
Office of the Inspector General (OIG) noted in its 2005 report that 
case officers exhibit the necessary combination of tact, empathy, and 
professionalism required to do this work. Further, it noted that the 
ability and commitment of the caseworkers was evident and well 
supported by the management team within CI. The findings of the OIG 
indicate that CI has developed the necessary tools to manage incoming 
casework since entering into its initial agreement with NCMEC in 1995. 
This development, coupled with CI's desire to provide consistent, 
efficient services to parents, and an interest in maintaining clear 
communications with foreign Central Authorities, makes this an 
appropriate time for CI to resume responsibility for handling incoming 
Hague Convention cases, or, alternatively, to select an entity to 
assist in the carrying out of these functions.
    The Department of State is publishing this as an interim final 
rule, rather than as a notice of proposed rulemaking as allowed by 5 
U.S.C. 553(b)(3)(B) when an agency determines, for good cause, that it 
is unnecessary to publish a proposed rule. The Department of State has 
determined that publication of a proposed rule is unnecessary, as the 
transfer of responsibility over incoming Hague Convention cases back to 
CI primarily affects internal workload distribution and management of 
the USCA functions. This rule minimally modifies the regulation to 
allow the USCA to have the discretion to determine whether to execute 
Central Authority functions itself, or to select an entity to assist 
the Central Authority to carry out its obligations.
    This rule is exempt from E.O. 12866, but nonetheless has been 
reviewed and found to be consistent with the objectives and policies 
thereof. This rule is not expected to have a significant impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b). In addition, this rule 
would not impose information collection requirements under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. chapter 35. Nor 
does this rule have federalism implications warranting the preparation 
of a Federalism Assessment in accordance with E.O. 12612. This rule has 
been reviewed as required by E.O. 12988 and certified to be in 
compliance therewith.

Regulatory Findings

    The Department is publishing this rule as an interim final rule, 
with 60 days for post-promulgation public comments, in accordance with 
the exemption contained in 5 U.S.C. 553(a)(2) for matters relating to 
agency management or personnel. The transfer of responsibility over 
incoming Hague Convention cases back to the Office of Children's Issues 
at the Department of State primarily affects internal workload 
distribution and management of the USCA functions.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Since this action is exempt from notice and comment procedures 
contained in 5 U.S.C. 553, and no other statute mandates such 
procedures, no analysis under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) is required. However, these changes to the regulations are 
not expected to have a significant impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, and Executive Order 13272, section 3(b).

The Small Business Regulatory Enforcement Fairness Act of 1996

    This interim final rule is not a major rule, as defined by 5 U.S.C. 
804, for purposes of congressional review of agency rulemaking under 
the Small Business Regulatory Enforcement Fairness Act of 1996, Public 
Law 104-121. This rule will not result in an annual effect on the 
economy of $100 million or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of the United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 64, 2 U.S. C. 1532, generally requires 
agencies to prepare a statement before proposing or adopting any rule 
that may result in an annual expenditure of $100 million or more 
(adjusted annually for inflation) by

[[Page 47831]]

state, local, or tribal governments, or by the private sector. This 
rule will not result in any such expenditure nor will it significantly 
or uniquely affect small governments.

Executive Orders 12372 and 13132: Federalism

    This rule does not have federalism implications warranting the 
application of Executive Orders No. 12372 and No. 13132. It 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.

Executive Order 12866: Regulatory Review

    The Department of State does not consider this interim final rule 
to be a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review. In addition, the 
Department is generally exempt from Executive Order 12866 except to the 
extent that it is promulgating regulations in conjunction with a 
domestic agency that are significant regulatory actions. The Department 
has nevertheless reviewed the regulation to ensure its consistency with 
the regulatory philosophy and principles set forth in that Executive 
Order.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3 
(a) and 3 (b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

The Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501, et 
seq., Federal agencies must obtain approval from OMB for most 
collections of information they conduct, sponsor, or require through 
regulation. The Department of State has determined that this rule does 
not require new collection of information for purposes of the PRA.

List of Subjects in 22 CFR Part 94

    Infants and children, Reporting and recordkeeping requirements, 
Treaties.

0
For the reasons set forth in the preamble, 22 CFR part 94 is revised to 
read as follows:

PART 94--INTERNATIONAL CHILD ABDUCTION

0
1. The authority citation for part 94 continues to read as follows:

    Authority: Hague Convention on the Civil Aspects of 
International Child Abduction; International Child Abduction 
Remedies Act, Public Law 100-300.

0
2. Section 94.6 is amended by revising the introductory text and 
revising paragraph (a) and paragraph (l) to read as follows:

Sec.  94.6  Procedures for children abducted to the United States.

    The U.S. Central Authority, or an entity acting at its direction, 
shall perform the following operational functions with respect to all 
Hague Convention applications seeking the return of children wrongfully 
removed to or retained in the United States or seeking access to 
children in the United States:
    (a) Receive all applications seeking return of children wrongfully 
retained in the United States or seeking access to children in the 
United States;
* * * * *
    (l) Perform such additional functions as determined by the U.S. 
Central Authority, deemed advisable to maintain U.S. treaty compliance 
with the Hague Convention on the Civil Aspects of International Child 
Abduction.

    Dated: July 23, 2008.
Janice Jacobs,
Assistant Secretary of State for Consular Affairs, Department of State.
[FR Doc. E8-18961 Filed 8-14-08; 8:45 am]

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