Intercountry Adoption-Reporting on Non-Convention and Convention Adoptions of Emigrating Children, 9852-9854 [E7-3684]
Download as PDF
<![CDATA[
9852
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Rules and Regulations
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 355, 360b–360f, 360j, 361(a), 371, 374,
375, 379e; 42 U.S.C. 216, 241, 242(a), 262,
263b–263n.
2. Section 310.545 is amended by
revising paragraph (d)(3) to read as
follows:
I
§ 310.545 Drug products containing
certain active ingredients offered over-thecounter (OTC) for certain uses.
*
*
*
*
*
(d) * * *
(3) December 4, 1992, for products
subject to paragraph (a)(7) of this section
that contain menthol as an antipruritic
in combination with the antidandruff
ingredient coal tar identified in
§ 358.710(a)(1) of this chapter. This
section does not apply to products
allowed by § 358.720(b) of this chapter
after April 5, 2007.
PART 358—MISCELLANEOUS
EXTERNAL DRUG PRODUCTS FOR
OVER-THE-COUNTER HUMAN USE
3. The authority citation for 21 CFR
part 358 continues to read as follows:
I
Authority: 21 U.S.C. 321, 351, 352, 353,
355, 360, 371.
4. Section 358.720 is revised to read
as follows:
I
§ 358.720 Permitted combinations of
active ingredients.
(a) Combination of active ingredients
for the control of dandruff. Salicylic
acid identified in § 358.710(a)(4) may be
combined with sulfur identified in
§ 358.710(a)(7) provided each ingredient
is present within the established
concentration and the product is labeled
according to § 358.750.
(b) Combination of control of dandruff
and external analgesic active
ingredients. Coal tar identified in
§ 358.710(a)(1) may be used at a
concentration of 1.8 percent coal tar
solution, on a weight to volume basis,
in combination with menthol, 1.5
percent, in a shampoo formulation
provided the product is labeled
according to § 358.760.
I 5. New § 358.760 is added to read as
follows:
rwilkins on PROD1PC63 with RULES
§ 358.760 Labeling of permitted
combinations of active ingredients for the
control of dandruff.
The statement of identity, indications,
warnings, and directions for use,
respectively, applicable to each
ingredient in the product may be
combined to eliminate duplicative
words or phrases so that the resulting
information is clear and understandable.
(a) Statement of identity. For a
combination drug product that has an
VerDate Aug<31>2005
21:54 Mar 05, 2007
Jkt 211001
established name, the labeling of the
product states the established name of
the combination drug product, followed
by the statement of identity for each
ingredient in the combination, as
established in the statement of identity
sections of the applicable OTC drug
monographs.
(1) Combinations of control of
dandruff and external analgesic active
ingredients in § 358.720(b). The label
states ‘‘dandruff/anti-itch shampoo’’ or
‘‘antidandruff/anti-itch shampoo’’.
(2) [Reserved]
(b) Indications. The labeling of the
product states, under the heading
‘‘Uses,’’ one or more of the phrases
listed in this paragraph (b), as
appropriate. Other truthful and
nonmisleading statements, describing
only the uses that have been established
and listed in this paragraph (b), may
also be used, as provided in § 330.1(c)(2)
of this chapter, subject to the provisions
of section 502 of the Federal Food, Drug,
and Cosmetic Act (the act) relating to
misbranding and the prohibition in
section 301(d) of the act against the
introduction or delivery for introduction
into interstate commerce of unapproved
new drugs in violation of section 505(a)
of the act.
(1) Combinations of control of
dandruff and external analgesic active
ingredients in § 358.720(b). The labeling
states ‘‘[bullet] [select one of the
following: ‘for relief of’ or ‘controls’] the
symptoms of dandruff [bullet] [select
one of the following: ‘additional’ or
‘extra’] relief of itching due to
dandruff’’.
(2) The following terms or phrases
may be used in place of or in addition
to the words ‘‘for the relief of’’ or
‘‘controls’’ in the indications in
paragraph (b)(1) of this section: ‘‘fights,’’
‘‘reduces,’’ ‘‘helps eliminate,’’ ‘‘helps
stop,’’ ‘‘controls recurrence of,’’ ‘‘fights
recurrence of,’’ ‘‘helps prevent
recurrence of,’’ ‘‘reduces recurrence of,’’
‘‘helps eliminate recurrence of,’’ ‘‘helps
stop recurrence of.’’
(3) The following terms may be used
in place of the words ‘‘the symptoms of’’
in the indication in paragraph (b)(1) of
this section: ‘‘scalp’’ (select one or more
of the following: ‘‘itching,’’ ‘‘irritation,’’
‘‘redness,’’ ‘‘flaking,’’ ‘‘scaling’’)
‘‘associated with’’.
(c) Warnings. The labeling of the
product states, under the heading
‘‘Warnings,’’ the warning(s) listed in
§ 358.750(c)(1) and (c)(2).
(d) Directions. The labeling of the
product states, under the heading
‘‘Directions,’’ directions that conform to
the directions established for each
ingredient in the directions sections of
the applicable OTC drug monographs,
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
unless otherwise stated in this
paragraph (d). When the time intervals
or age limitations for administration of
the individual ingredients differ, the
directions for the combination product
may not contain any dosage that
exceeds those established for any
individual ingredient in the applicable
OTC drug monograph(s), and may not
provide for use by any age group lower
than the highest minimum age limit
established for any individual
ingredient.
(1) Combinations of control of
dandruff and external analgesic active
ingredients in § 358.720(b). The labeling
states ‘‘[bullet] wet hair [bullet] apply
shampoo and work into a lather [bullet]
rinse thoroughly [bullet] for best results,
use at least twice a week or as directed
by a doctor’’.
(2) [Reserved]
Dated: February 26, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E7–3808 Filed 3–5–07; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF STATE
22 CFR Part 99
[Public Notice 5705]
RIN 1400–AC–20
Intercountry Adoption—Reporting on
Non-Convention and Convention
Adoptions of Emigrating Children
Department of State.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of State (the
Department), with the joint review and
approval of the Department of
Homeland Security (DHS), is issuing a
new rule to implement the requirement
in the Intercountry Adoption Act of
2000 (the IAA) to establish a Case
Registry for, inter alia, emigrating
children. This final rule imposes
reporting requirements on adoption
service providers, including
governmental authorities who provide
adoption services, in cases involving
adoptions of children who will emigrate
from the United States. These reporting
obligations apply to all intercountry
adoptions, regardless of whether they
are covered under the 1993 Hague
Convention on Protection of Children
and Co-operation in Respect of
Intercountry Adoption (the Convention).
This final rule, although issued with the
joint review and approval of DHS
pursuant to section 303(d) of the IAA,
only adds a new section to the
E:\FR\FM\06MRR1.SGM
06MRR1
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Rules and Regulations
Department’s Convention regulations;
no amendments or additions are made
to DHS regulations.
DATES: This rule is effective April 5,
2007. Information about the date the
Convention will enter into force with
respect to the United States is provided
in 22 CFR 96.17.
FOR FURTHER INFORMATION CONTACT:
Anna Mary Coburn at 202–736–9081.
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.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Convention is a multilateral
treaty that provides a framework for the
adoption of children habitually resident
in one country that is a party to the
Convention by persons habitually
resident in another country that is also
a party to the Convention. The
Convention establishes procedures to be
followed in these intercountry adoption
cases and imposes safeguards to protect
the best interests of children. When the
Convention enters into force with
respect to the United States, it will
apply to the United States as both a
country of origin (outgoing cases, i.e.,
where children are emigrating from the
United States to a foreign country) and
a receiving country (incoming cases, i.e.,
where children are immigrating to the
United States from a foreign country).
The implementing legislation for the
Convention is the IAA. The IAA
requires the Department and DHS to
establish a Case Registry to track all
intercountry adoption cases: Convention
and non-Convention; emigrating and
immigrating cases. The Department is,
with the joint review and approval of
DHS, promulgating this final rule to
require adoption service providers that
provide adoption services in
intercountry adoption cases involving a
child emigrating from the United States
(including governmental authorities
who provide such adoption services) to
report certain information to the
Department for incorporation into the
Case Registry.
rwilkins on PROD1PC63 with RULES
II. The Final Rule
The Department issued a proposed
rule for public comment (See Proposed
Rule on Intercountry Adoption—
Reporting on Non-Convention and
Convention Adoptions of Emigrating
Children, 71 FR 54001–54005,
September 13, 2006). No public
comments were received. The
Department is now issuing the final rule
as it was proposed. No changes have
VerDate Aug<31>2005
21:54 Mar 05, 2007
Jkt 211001
been made to the text of the rule, except
that the Department has made certain
technical clarifications, including
changing the § 99.2 heading and
§ 99.2(d)(1) to correct any
misimpression that the rule applies only
to U.S. national children and changing
§ 99.2(a) to clarify that the reporting
requirements do not take effect until the
Convention has entered into force for
the United States.
III. Regulatory Review
A. Administrative Procedure Act
In accordance with provisions of the
Administrative Procedure Act governing
rules promulgated by Federal agencies
that affect the public (5 U.S.C. 533), the
Department published this rule for
public comment.
B. Regulatory Flexibility Act/Executive
Order 13272: Small Business
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601–612 and
Executive Order 13272, section 3(b), the
Department of State has evaluated the
effects of this action on small entities,
and has determined, and hereby
certifies, pursuant to 5 U.S.C. 605(b),
that it would not have a significant
economic impact on a substantial
number of small entities. Overall, the
number of outgoing intercountry
adoption cases is expected to be very
small in comparison with the number of
incoming cases. Consequently, very few
ASPs that are small entities will also be
involved in outgoing cases. Moreover,
the rule requires only extremely limited
reporting requirements for outgoing
cases. Thus, the Department does not
believe the economic impact on small
entities will be significant. The
Department received no public
comments on the rule’s impact on small
entities.
C. Small Business Regulatory
Enforcement Fairness Act of 1996
This 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, Pub. L. 104–121. The rule would
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, or innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
9853
D. The Unfunded Mandates Reform Act
of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UFMA),
Pub. L. 104–4; 109 Stat. 48; 2 U.S.C.
1532, generally requires agencies to
prepare a statement, including costbenefit and other analyses, before
proposing any rule that may result in an
annual expenditure of $100 million or
more by State, local, or tribal
governments, or by the private sector.
This rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year. Moreover, because this rule
will not significantly or uniquely affect
small governments, section 203 of the
UFMA, 2 U.S.C. 1533, does not require
preparation of a small government
agency plan in connection with it.
E. Executive Order 13132: Federalism
A rule has federalism implications
under Executive Order 13132 if it has
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. This regulation
will not have such effects, and therefore
does not have sufficient federalism
implications to require consultations or
to warrant the preparation of a
federalism summary impact statement
under section 6 of Executive Order
13132.
F. Executive Order 12866: Regulatory
Review
The Department of State does not
consider this rule to be a ‘‘significant
regulatory action’’ within the scope of
section 3(f)(1) of Executive Order 12866.
Nonetheless, the Department has
reviewed the rule to ensure its
consistency with the regulatory
philosophy and principles set forth in
the Executive Order.
G. Executive Order 12988: Civil Justice
Reform
The Department has reviewed this
rule in light of sections 3(a) and 3(b)(2)
of Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish
clear legal standards, and reduce
burden. The Department has made every
reasonable effort to ensure compliance
with the requirements in Executive
Order 12988.
H. The Paperwork Reduction Act (PRA)
of 1995
Under the PRA, 42 U.S.C. 3501 et
seq., agencies are generally required to
submit to the Office of Management and
E:\FR\FM\06MRR1.SGM
06MRR1
9854
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Rules and Regulations
Budget (OMB) for review and approval
information collection requirements
imposed on ‘‘persons’’ as defined in the
PRA. Section 503(c) of the IAA exempts
from the PRA information collection
‘‘for purposes of sections 104, 202(b)(4),
and 303(d)’’ of the IAA ‘‘or for use as a
Convention record as defined’’ in the
IAA. All information collections that
relate to outgoing non-Convention cases
will be collections made for the
purposes of section 303(d) of the IAA,
and thereby are exempt. All information
collections that relate to outgoing
Convention cases will be Convention
records as defined in and subject to the
preservation requirements of 22 CFR
part 98, which implements section
401(a) of the IAA. Additionally, the
majority of information collection
imposed on persons pursuant to this
rule, with respect to both Convention
and non-Convention cases, will be for
the purposes of obtaining information
for congressional reports required under
section 104 of the IAA. Accordingly, the
Department has concluded that the PRA
does not apply to information collected
from the public under this rule.
List of Subjects in 22 CFR Part 99
Adoption and foster care;
International agreements; Reporting and
recordkeeping requirements.
Accordingly, the Department adds
new part 99 to title 22 of the CFR,
chapter I, subchapter J, to read as
follows:
I
PART 99—REPORTING ON
CONVENTION AND NON-CONVENTION
ADOPTIONS OF EMIGRATING
CHILDREN
Sec.
99.1
99.2
Definitions.
Reporting requirements for adoption
cases involving children emigrating from
the United States.
99.3 [Reserved].
Authority: The Convention on Protection
of Children and Co-operation in Respect of
Intercountry Adoption (done at The Hague,
May 29, 1993), S. Treaty Doc. 105–51 (1998);
1870 U.N.T.S. 167 (Reg. No. 31922 (1993));
The Intercountry Adoption Act of 2000, 42
U.S.C. 14901–14954.
rwilkins on PROD1PC63 with RULES
§ 99.1
Definitions.
As used in this part, the term:
(a) Convention means the Convention
on Protection of Children and Cooperation in Respect of Intercountry
Adoption done at The Hague on May 29,
1993.
(b) Such other terms as are defined in
22 CFR 96.2 shall have the meaning
given to them therein.
VerDate Aug<31>2005
21:54 Mar 05, 2007
Jkt 211001
§ 99.2 Reporting requirements for
adoption cases involving children
emigrating from the United States.
(a) Once the Convention has entered
into force for the United States, an
agency (including an accredited agency
and temporarily accredited agency),
person (including an approved person),
public domestic authority, or other
adoption service provider providing
adoption services in a case involving the
emigration of a child from the United
States must report information to the
Secretary in accordance with this
section if it is identified as the reporting
provider in accordance with paragraph
(b) of this section.
(b) In a Convention case in which an
accredited agency, temporarily
accredited agency, or approved person
is providing adoption services, the
primary provider is the reporting
provider. In any other Convention case,
or in a non-Convention case, the
reporting provider is the agency, person,
public domestic authority, or other
adoption service provider that is
providing adoption services in the case,
if it is the only provider of adoption
services. If there is more than one
provider of adoption services in a nonConvention case, the reporting provider
is the one that has child placement
responsibility, as evidenced by the
following factors:
(1) Entering into placement contracts
with prospective adoptive parent(s) to
provide child referral and placement;
(2) Accepting custody from a
birthparent or other legal guardian for
the purpose of placement for adoption;
(3) Assuming responsibility for liaison
with a foreign government or its
designees with regard to arranging an
adoption; or
(4) Receiving information from, or
sending information to a foreign country
about a child that is under consideration
for adoption.
(c) A reporting provider, as identified
in paragraph (b) of this section, must
report the following identifying
information to the Secretary for each
outgoing case within 30 days of learning
that the case involves emigration of a
child from the United States to a foreign
country:
(1) Name, date of birth of child, and
place of birth of child;
(2) The U.S. State from which the
child is emigrating;
(3) The country to which the child is
immigrating;
(4) The U.S. State where the final
adoption is taking place, or the U.S.
State where legal custody for the
purpose of adoption is being granted
and the country where the final
adoption is taking place; and
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
(5) Its name, address, phone number,
and other contact information.
(d) A reporting provider, as identified
in paragraph (b) of this section, must
report any changes to information
previously provided as well as the
following milestone information to the
Secretary for each outgoing case within
30 days of occurrence:
(1) Date case determined to involve
emigration from the United States
(generally the time the child is matched
with adoptive parents);
(2) Date of U.S. final adoption or date
on which custody for the purpose of
adoption was granted in United States;
(3) Date of foreign final adoption if
custody for purpose of adoption was
granted in the United States, to the
extent practicable; and
(4) Any additional information when
requested by the Secretary in a
particular case.
§ 99.3
[Reserved].
Dated: December 18, 2006.
Maura Harty,
Assistant Secretary, Bureau of Consular
Affairs, Department of State.
Dated: February 2, 2007.
Michael Chertoff,
Secretary of Homeland Security, Department
of Homeland Security.
[FR Doc. E7–3684 Filed 3–5–07; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD11–07–005]
RIN 1625–AA09
Drawbridge Operation Regulations;
Sacramento River, at Isleton, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Isleton
Drawbridge across the Sacramento
River, mile 18.7, at Isleton, CA. This
deviation allows for a 12-hour notice for
openings. The deviation is necessary for
the bridge owner, the California
Department of Transportation (Caltrans),
to coordinate vessel traffic with their
scheduled critical maintenance and
operating upgrades.
E:\FR\FM\06MRR1.SGM
06MRR1
]]>Agencies
[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Rules and Regulations]
[Pages 9852-9854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 99
[Public Notice 5705]
RIN 1400-AC-20
Intercountry Adoption--Reporting on Non-Convention and Convention
Adoptions of Emigrating Children
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State (the Department), with the joint
review and approval of the Department of Homeland Security (DHS), is
issuing a new rule to implement the requirement in the Intercountry
Adoption Act of 2000 (the IAA) to establish a Case Registry for, inter
alia, emigrating children. This final rule imposes reporting
requirements on adoption service providers, including governmental
authorities who provide adoption services, in cases involving adoptions
of children who will emigrate from the United States. These reporting
obligations apply to all intercountry adoptions, regardless of whether
they are covered under the 1993 Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption (the
Convention). This final rule, although issued with the joint review and
approval of DHS pursuant to section 303(d) of the IAA, only adds a new
section to the
[[Page 9853]]
Department's Convention regulations; no amendments or additions are
made to DHS regulations.
DATES: This rule is effective April 5, 2007. Information about the date
the Convention will enter into force with respect to the United States
is provided in 22 CFR 96.17.
FOR FURTHER INFORMATION CONTACT: Anna Mary Coburn at 202-736-9081.
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.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Convention is a multilateral treaty that provides a framework
for the adoption of children habitually resident in one country that is
a party to the Convention by persons habitually resident in another
country that is also a party to the Convention. The Convention
establishes procedures to be followed in these intercountry adoption
cases and imposes safeguards to protect the best interests of children.
When the Convention enters into force with respect to the United
States, it will apply to the United States as both a country of origin
(outgoing cases, i.e., where children are emigrating from the United
States to a foreign country) and a receiving country (incoming cases,
i.e., where children are immigrating to the United States from a
foreign country).
The implementing legislation for the Convention is the IAA. The IAA
requires the Department and DHS to establish a Case Registry to track
all intercountry adoption cases: Convention and non-Convention;
emigrating and immigrating cases. The Department is, with the joint
review and approval of DHS, promulgating this final rule to require
adoption service providers that provide adoption services in
intercountry adoption cases involving a child emigrating from the
United States (including governmental authorities who provide such
adoption services) to report certain information to the Department for
incorporation into the Case Registry.
II. The Final Rule
The Department issued a proposed rule for public comment (See
Proposed Rule on Intercountry Adoption--Reporting on Non-Convention and
Convention Adoptions of Emigrating Children, 71 FR 54001-54005,
September 13, 2006). No public comments were received. The Department
is now issuing the final rule as it was proposed. No changes have been
made to the text of the rule, except that the Department has made
certain technical clarifications, including changing the Sec. 99.2
heading and Sec. 99.2(d)(1) to correct any misimpression that the rule
applies only to U.S. national children and changing Sec. 99.2(a) to
clarify that the reporting requirements do not take effect until the
Convention has entered into force for the United States.
III. Regulatory Review
A. Administrative Procedure Act
In accordance with provisions of the Administrative Procedure Act
governing rules promulgated by Federal agencies that affect the public
(5 U.S.C. 533), the Department published this rule for public comment.
B. Regulatory Flexibility Act/Executive Order 13272: Small Business
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601-612
and Executive Order 13272, section 3(b), the Department of State has
evaluated the effects of this action on small entities, and has
determined, and hereby certifies, pursuant to 5 U.S.C. 605(b), that it
would not have a significant economic impact on a substantial number of
small entities. Overall, the number of outgoing intercountry adoption
cases is expected to be very small in comparison with the number of
incoming cases. Consequently, very few ASPs that are small entities
will also be involved in outgoing cases. Moreover, the rule requires
only extremely limited reporting requirements for outgoing cases. Thus,
the Department does not believe the economic impact on small entities
will be significant. The Department received no public comments on the
rule's impact on small entities.
C. Small Business Regulatory Enforcement Fairness Act of 1996
This 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, Pub. L. 104-121.
The rule would 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,
or innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
D. The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA),
Pub. L. 104-4; 109 Stat. 48; 2 U.S.C. 1532, generally requires agencies
to prepare a statement, including cost-benefit and other analyses,
before proposing any rule that may result in an annual expenditure of
$100 million or more by State, local, or tribal governments, or by the
private sector. This rule will not result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any year. Moreover, because this
rule will not significantly or uniquely affect small governments,
section 203 of the UFMA, 2 U.S.C. 1533, does not require preparation of
a small government agency plan in connection with it.
E. Executive Order 13132: Federalism
A rule has federalism implications under Executive Order 13132 if
it has 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.
This regulation will not have such effects, and therefore does not have
sufficient federalism implications to require consultations or to
warrant the preparation of a federalism summary impact statement under
section 6 of Executive Order 13132.
F. Executive Order 12866: Regulatory Review
The Department of State does not consider this rule to be a
``significant regulatory action'' within the scope of section 3(f)(1)
of Executive Order 12866. Nonetheless, the Department has reviewed the
rule to ensure its consistency with the regulatory philosophy and
principles set forth in the Executive Order.
G. Executive Order 12988: Civil Justice Reform
The Department has reviewed this rule in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize
litigation, establish clear legal standards, and reduce burden. The
Department has made every reasonable effort to ensure compliance with
the requirements in Executive Order 12988.
H. The Paperwork Reduction Act (PRA) of 1995
Under the PRA, 42 U.S.C. 3501 et seq., agencies are generally
required to submit to the Office of Management and
[[Page 9854]]
Budget (OMB) for review and approval information collection
requirements imposed on ``persons'' as defined in the PRA. Section
503(c) of the IAA exempts from the PRA information collection ``for
purposes of sections 104, 202(b)(4), and 303(d)'' of the IAA ``or for
use as a Convention record as defined'' in the IAA. All information
collections that relate to outgoing non-Convention cases will be
collections made for the purposes of section 303(d) of the IAA, and
thereby are exempt. All information collections that relate to outgoing
Convention cases will be Convention records as defined in and subject
to the preservation requirements of 22 CFR part 98, which implements
section 401(a) of the IAA. Additionally, the majority of information
collection imposed on persons pursuant to this rule, with respect to
both Convention and non-Convention cases, will be for the purposes of
obtaining information for congressional reports required under section
104 of the IAA. Accordingly, the Department has concluded that the PRA
does not apply to information collected from the public under this
rule.
List of Subjects in 22 CFR Part 99
Adoption and foster care; International agreements; Reporting and
recordkeeping requirements.
0
Accordingly, the Department adds new part 99 to title 22 of the CFR,
chapter I, subchapter J, to read as follows:
PART 99--REPORTING ON CONVENTION AND NON-CONVENTION ADOPTIONS OF
EMIGRATING CHILDREN
Sec.
99.1 Definitions.
99.2 Reporting requirements for adoption cases involving children
emigrating from the United States.
99.3 [Reserved].
Authority: The Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption (done at The Hague,
May 29, 1993), S. Treaty Doc. 105-51 (1998); 1870 U.N.T.S. 167 (Reg.
No. 31922 (1993)); The Intercountry Adoption Act of 2000, 42 U.S.C.
14901-14954.
Sec. 99.1 Definitions.
As used in this part, the term:
(a) Convention means the Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption done at The Hague on
May 29, 1993.
(b) Such other terms as are defined in 22 CFR 96.2 shall have the
meaning given to them therein.
Sec. 99.2 Reporting requirements for adoption cases involving
children emigrating from the United States.
(a) Once the Convention has entered into force for the United
States, an agency (including an accredited agency and temporarily
accredited agency), person (including an approved person), public
domestic authority, or other adoption service provider providing
adoption services in a case involving the emigration of a child from
the United States must report information to the Secretary in
accordance with this section if it is identified as the reporting
provider in accordance with paragraph (b) of this section.
(b) In a Convention case in which an accredited agency, temporarily
accredited agency, or approved person is providing adoption services,
the primary provider is the reporting provider. In any other Convention
case, or in a non-Convention case, the reporting provider is the
agency, person, public domestic authority, or other adoption service
provider that is providing adoption services in the case, if it is the
only provider of adoption services. If there is more than one provider
of adoption services in a non-Convention case, the reporting provider
is the one that has child placement responsibility, as evidenced by the
following factors:
(1) Entering into placement contracts with prospective adoptive
parent(s) to provide child referral and placement;
(2) Accepting custody from a birthparent or other legal guardian
for the purpose of placement for adoption;
(3) Assuming responsibility for liaison with a foreign government
or its designees with regard to arranging an adoption; or
(4) Receiving information from, or sending information to a foreign
country about a child that is under consideration for adoption.
(c) A reporting provider, as identified in paragraph (b) of this
section, must report the following identifying information to the
Secretary for each outgoing case within 30 days of learning that the
case involves emigration of a child from the United States to a foreign
country:
(1) Name, date of birth of child, and place of birth of child;
(2) The U.S. State from which the child is emigrating;
(3) The country to which the child is immigrating;
(4) The U.S. State where the final adoption is taking place, or the
U.S. State where legal custody for the purpose of adoption is being
granted and the country where the final adoption is taking place; and
(5) Its name, address, phone number, and other contact information.
(d) A reporting provider, as identified in paragraph (b) of this
section, must report any changes to information previously provided as
well as the following milestone information to the Secretary for each
outgoing case within 30 days of occurrence:
(1) Date case determined to involve emigration from the United
States (generally the time the child is matched with adoptive parents);
(2) Date of U.S. final adoption or date on which custody for the
purpose of adoption was granted in United States;
(3) Date of foreign final adoption if custody for purpose of
adoption was granted in the United States, to the extent practicable;
and
(4) Any additional information when requested by the Secretary in a
particular case.
Sec. 99.3 [Reserved].
Dated: December 18, 2006.
Maura Harty,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
Dated: February 2, 2007.
Michael Chertoff,
Secretary of Homeland Security, Department of Homeland Security.
[FR Doc. E7-3684 Filed 3-5-07; 8:45 am]
BILLING CODE 4710-06-P
