Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague Convention; Re-Opening and Extension of the Comment Period, 15635-15636 [08-1069]
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15635
Rules and Regulations
Federal Register
Vol. 73, No. 58
Tuesday, March 25, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103, 204, 213a, 299, and
322
[CIS No. 2098–00; DHS Docket No. USCIS–
2007–0008]
RIN 1615–AA43
Classification of Aliens as Children of
United States Citizens Based on
Intercountry Adoptions Under the
Hague Convention; Re-Opening and
Extension of the Comment Period
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Interim rule; re-opening and
extension of the comment period.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: On October 4, 2007, The
Department of Homeland Security
(DHS) published an interim rule in the
Federal Register at 72 FR 56832,
establishing rules necessary for the
ratification and implementation of the
Convention on Protection of Children
and Co-operation in Respect of
Intercountry Adoption, signed at The
Hague on May 29, 1993 (‘‘Convention’’).
The comment period ended December 3,
2007. Of the 54 comments received by
DHS, most requested an extension of the
comment period to allow sufficient time
to provide meaningful and substantive
comments. DHS is re-opening and
extending the comment period for 60
days until May 27, 2008.
DATES: Written comments must be
submitted on or before May 27, 2008.
Comments received beyond this date
will not be considered.
ADDRESSES: You may submit comments
to DHS, identified by DHS Docket No.
USCIS–2007–0008, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
VerDate Aug<31>2005
17:24 Mar 24, 2008
Jkt 214001
• Mail: Chief, Regulatory
Management Division, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, 111
Massachusetts Avenue, NW., Suite
3008, Washington, DC 20529. To ensure
proper handling, please reference DHS
Docket No. USCIS–2007–0008 on your
correspondence. This mailing address
may also be used for paper, disk, or CD–
ROM submissions.
• Hand Delivery/Courier: Regulatory
Management Division, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, 111
Massachusetts Avenue, NW., Suite
3008, Washington, DC 20529. Contact
Telephone Number (202) 272–8377.
FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Chief, Children’s
Issues, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue, NW., Suite 3300, Washington,
DC 20529, telephone (202) 272–9176.
SUPPLEMENTARY INFORMATION:
Interim Rule
On October 4, 2007, the DHS
published in the Federal Register at 72
FR 56832 an interim rule entitled
‘‘Classification of Aliens as Children of
United States Citizens Based on
Intercountry Adoptions Under the
Hague Convention.’’ The interim rule
established the Department of
Homeland Security rules necessary for
the ratification and implementation of
the Convention on Protection of
Children and Co-operation in Respect of
Intercountry Adoption, signed at The
Hague on May 29, 1993 (‘‘Convention’’).
The interim rule entered into force on
November 5, 2007, although actual
implementation of the interim rule will
not occur until the Convention enters
into force for the United States. The
comment period for the interim rule
ended December 3, 2007.
Implementation
On November 16, 2007, the President
signed the instrument of ratification for
the Convention. The Department of
State deposited the instrument of
ratification with the Ministry of Foreign
Affairs of the Kingdom of the
Netherlands on December 12, 2007. On
December 18, 2007, the Department of
State published in the Federal Register
at 72 FR 71730 a written notice that the
Convention will enter into force for the
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
United States on April 1, 2008.
Accordingly, the DHS interim rule
published on October 4, 2007, will also
enter into force April 1, 2008. 8 CFR
204.300(a).
Comments
As of December 3, 2007, 54 comments
had been received on the interim rule.
Most of the comments did not address
any issue raised by the interim rule.
Rather, these comments requested an
extension of the comment period. These
commenters contend that the 60-day
comment period did not provide
sufficient time for them to submit
substantive comments. Many of these
commenters requested additional time
to comment.
As a legal matter, the 60-day comment
period provided for by the interim rule
is sufficient. The Administrative
Procedure Act, 5 U.S.C. 553, generally
contemplates a 30-day comment period.
Section 6(a)(1) of Executive Order
12866, Regulatory Planning and Review,
as amended by Executive Order 13422,
72 FR 2763, references a 60-day
benchmark for establishing an
appropriate comment period.
Nevertheless, DHS has determined as a
matter of policy that the importance of
the implementation of the Convention
makes it reasonable for DHS to agree to
the request for an additional comment
period. DHS has also determined that it
is possible to re-open the comment
period without delaying
implementation of the interim rule.
Accordingly, DHS has decided to reopen and extend the comment period.
All comments received by May 27,
2008 will be considered by DHS in
preparing the final rule. Note that this
extension of the comment period does
not delay the implementation of the
interim rule. The interim rule itself
entered into force on November 5, 2007.
Implementation will still begin on April
1, 2008, when the Convention enters
into force for the United States. 8 CFR
204.300(a). Prospective adoptive parents
seeking to adopt children habitually
resident in a Convention country may
begin a Convention adoption case by
filing Form I–800A, Application for
Determination of Suitability to Adopt a
Child from a Convention Country, on
April 1, 2008.
View the Interim Rule
To view the interim rule published on
October 4, 2007, see the url listed
E:\FR\FM\25MRR1.SGM
25MRR1
15636
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules and Regulations
below: https://a257.g.akamaitech.net/7/
257/2422/01jan20071800/
edocket.access.gpo.gov/2007/E718992.htm.
Dated: March 18, 2008.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration
Services.
[FR Doc. 08–1069 Filed 3–21–08; 8:45 am]
BILLING CODE 4410–10–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1610
Standard for the Flammability of
Clothing Textiles
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Commission is amending
its flammability standard for general
wearing apparel, the Standard for the
Flammability of Clothing Textiles, 16
CFR part 1610. The Standard, originally
issued in 1953, has become outdated in
several respects. The revisions better
reflect current consumer practices and
technologies and clarify several aspects
of the Standard.
DATES: The rule is effective September
22, 2008. The incorporation by reference
of the publication listed in this rule is
approved by the Director of the Federal
Register as of September 22, 2008.
FOR FURTHER INFORMATION CONTACT:
Mary Toro, Directorate for Compliance
and Field Operations, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland
20814–4408; telephone (301) 504–7586;
e-mail mtoro@cpsc.gov.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with RULES
A. Background
1. History of the Standard
The Standard for the Flammability of
Clothing Textiles, 16 CFR part 1610
(‘‘the Standard’’) dates back to the
1950s. Congress enacted the Flammable
Fabrics Act (‘‘FFA’’) in 1953 (Pub. L.
83–88, 67 Stat. 111). It specified a test,
a voluntary commercial standard then
called ‘‘Flammability of Clothing
Textiles, Commercial Standard (‘CS’)
191–53,’’ to be used to determine if
fabric or clothing is ‘‘so highly
flammable as to be dangerous when
worn by individuals.’’
When Congress established the
Consumer Product Safety Commission
in 1972, it transferred to the
Commission the authority the Secretary
of Commerce had to issue and amend
VerDate Aug<31>2005
17:24 Mar 24, 2008
Jkt 214001
flammability standards under the FFA.
15 U.S.C. 2079(b). In 1975, the
Commission published the FFA of 1953
at 16 CFR 1609 and codified the
Standard for the Flammability of
Clothing Textiles at 16 CFR 1610.
2. The Standard
The Commission’s revisions to the
Standard will update and clarify it. The
Standard describes a test apparatus and
the procedures for testing clothing and
textiles intended to be used for clothing.
It establishes three classes of
flammability. The classes are based on
measurement of burn time, along with
visual observations of flame intensity.
The classes are: Class 1 or normal
flammability; Class 2 or intermediate
flammability; and Class 3 or rapid and
intense burning. Clothing and textiles
that are categorized as Class 3 under the
prescribed test method are considered
dangerously flammable. 16 CFR 1610.4.
The Standard prescribes the method
of testing to determine the appropriate
classification. Five specimens are
subjected to a flammability tester. This
is a draft-proof ventilated chamber
containing an ignition medium, a
sample rack and an automatic timing
device. A swatch of each sample must
be subjected to the dry cleaning and
hand washing procedure prescribed by
the Standard. To determine results, the
average time of flame spread is taken for
five specimens. However, if the time of
flame spread is less than 4 seconds (31⁄2
seconds for plain-surfaced fabrics), five
additional specimens must be tested
and the average time of flame spread for
these ten specimens, or for as many of
them as burn, must be taken.
Classification is based on the reported
results before and after dry cleaning and
washing, whichever is lower.
3. The Products
The products regulated under the
Standard are clothing and fabrics
intended to be used for clothing. The
Standard applies to all items of clothing,
and fabrics used for such clothing,
whether for adults or children, for
daywear or nightwear. The Commission
has other regulations governing the
flammability of children’s sleepwear, 16
CFR parts 1615 and 1616, that are more
stringent than the general wearing
apparel flammability standard. The
revisions discussed in this notice would
not affect the children’s sleepwear
standards.
4. The Risk of Injury
Fatalities where clothing was the first
item ignited have declined from 311
fatalities in 1980 to 129 fatalities in
2004, the most recent year of available
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Frm 00002
Fmt 4700
Sfmt 4700
data. An average of 120 clothing firerelated fatalities occurred annually
during 2002–2004. Population fatality
rates increased with age. In addition, an
estimated 3,947 non-fatal injuries were
treated in hospital emergency
departments annually (2003–2005).
Among these non-fatal injuries, 25
percent were serious enough to require
admission to a hospital (compared to 5
percent for all consumer products).
B. Statutory Provisions
Section 4 of the FFA sets forth the
process by which the Commission can
issue or amend a flammability standard.
In accordance with that section, the
Commission issued an advance notice of
proposed rulemaking (‘‘ANPR’’) on
September 12, 2002, 67 FR 57770. The
Commission issued a notice of proposed
rulemaking (‘‘NPR’’) on February 27,
2007 containing the text of the proposed
rule along with alternatives the
Commission has considered and a
preliminary regulatory analysis. 72 FR
8844. Before issuing a final rule, the
FFA requires the Commission to prepare
a final regulatory analysis, and make
certain findings concerning any relevant
voluntary standard, the relationship
between costs and benefits of the rule,
and the burden imposed by the
regulation. 15 U.S.C. 1193(j). In
addition, the Commission must find that
the Standard (1) is needed to adequately
protect the public against the risk of the
occurrence of fire leading to death,
injury or significant property damage,
(2) is reasonable, technologically
practicable, and appropriate, (3) is
limited to fabrics, related materials or
products which present unreasonable
risks, and (4) is stated in objective
terms. Id. U.S.C. 1193(b).
C. Revisions
The changes to the Standard reflect
changes in consumer garment care
practices and will make the Standard
easier to understand. These changes are
discussed below.
Definitions. Some definitions have
been revised and some new ones added
to eliminate confusion. In particular, the
meaning of the terms ‘‘base burn’’ and
‘‘surface flash’’ have caused confusion
in interpreting and reporting test results
for raised surface textile fabrics. These
terms are now defined in the Standard.
In addition, several other relevant terms
and definitions have been added. These
terms include burn time, dry cleaning,
flammability, flame application time,
ignition, interlining, laundering, long
dimension, plain surface textile fabric,
raised surface textile fabric,
refurbishing, sample, specimen, and
stop thread supply.
E:\FR\FM\25MRR1.SGM
25MRR1
]]>Agencies
[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Rules and Regulations]
[Pages 15635-15636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1069]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules
and Regulations
[[Page 15635]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 204, 213a, 299, and 322
[CIS No. 2098-00; DHS Docket No. USCIS-2007-0008]
RIN 1615-AA43
Classification of Aliens as Children of United States Citizens
Based on Intercountry Adoptions Under the Hague Convention; Re-Opening
and Extension of the Comment Period
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Interim rule; re-opening and extension of the comment period.
-----------------------------------------------------------------------
SUMMARY: On October 4, 2007, The Department of Homeland Security (DHS)
published an interim rule in the Federal Register at 72 FR 56832,
establishing rules necessary for the ratification and implementation of
the Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption, signed at The Hague on May 29, 1993
(``Convention''). The comment period ended December 3, 2007. Of the 54
comments received by DHS, most requested an extension of the comment
period to allow sufficient time to provide meaningful and substantive
comments. DHS is re-opening and extending the comment period for 60
days until May 27, 2008.
DATES: Written comments must be submitted on or before May 27, 2008.
Comments received beyond this date will not be considered.
ADDRESSES: You may submit comments to DHS, identified by DHS Docket No.
USCIS-2007-0008, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Chief, Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To
ensure proper handling, please reference DHS Docket No. USCIS-2007-0008
on your correspondence. This mailing address may also be used for
paper, disk, or CD-ROM submissions.
Hand Delivery/Courier: Regulatory Management Division,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC
20529. Contact Telephone Number (202) 272-8377.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Chief, Children's
Issues, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 20 Massachusetts Avenue, NW., Suite 3300,
Washington, DC 20529, telephone (202) 272-9176.
SUPPLEMENTARY INFORMATION:
Interim Rule
On October 4, 2007, the DHS published in the Federal Register at 72
FR 56832 an interim rule entitled ``Classification of Aliens as
Children of United States Citizens Based on Intercountry Adoptions
Under the Hague Convention.'' The interim rule established the
Department of Homeland Security rules necessary for the ratification
and implementation of the Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption, signed at The Hague on
May 29, 1993 (``Convention''). The interim rule entered into force on
November 5, 2007, although actual implementation of the interim rule
will not occur until the Convention enters into force for the United
States. The comment period for the interim rule ended December 3, 2007.
Implementation
On November 16, 2007, the President signed the instrument of
ratification for the Convention. The Department of State deposited the
instrument of ratification with the Ministry of Foreign Affairs of the
Kingdom of the Netherlands on December 12, 2007. On December 18, 2007,
the Department of State published in the Federal Register at 72 FR
71730 a written notice that the Convention will enter into force for
the United States on April 1, 2008. Accordingly, the DHS interim rule
published on October 4, 2007, will also enter into force April 1, 2008.
8 CFR 204.300(a).
Comments
As of December 3, 2007, 54 comments had been received on the
interim rule. Most of the comments did not address any issue raised by
the interim rule. Rather, these comments requested an extension of the
comment period. These commenters contend that the 60-day comment period
did not provide sufficient time for them to submit substantive
comments. Many of these commenters requested additional time to
comment.
As a legal matter, the 60-day comment period provided for by the
interim rule is sufficient. The Administrative Procedure Act, 5 U.S.C.
553, generally contemplates a 30-day comment period. Section 6(a)(1) of
Executive Order 12866, Regulatory Planning and Review, as amended by
Executive Order 13422, 72 FR 2763, references a 60-day benchmark for
establishing an appropriate comment period. Nevertheless, DHS has
determined as a matter of policy that the importance of the
implementation of the Convention makes it reasonable for DHS to agree
to the request for an additional comment period. DHS has also
determined that it is possible to re-open the comment period without
delaying implementation of the interim rule. Accordingly, DHS has
decided to re-open and extend the comment period.
All comments received by May 27, 2008 will be considered by DHS in
preparing the final rule. Note that this extension of the comment
period does not delay the implementation of the interim rule. The
interim rule itself entered into force on November 5, 2007.
Implementation will still begin on April 1, 2008, when the Convention
enters into force for the United States. 8 CFR 204.300(a). Prospective
adoptive parents seeking to adopt children habitually resident in a
Convention country may begin a Convention adoption case by filing Form
I-800A, Application for Determination of Suitability to Adopt a Child
from a Convention Country, on April 1, 2008.
View the Interim Rule
To view the interim rule published on October 4, 2007, see the url
listed
[[Page 15636]]
below: https://a257.g.akamaitech.net/7/257/2422/01jan20071800/
edocket.access.gpo.gov/2007/E7-18992.htm.
Dated: March 18, 2008.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 08-1069 Filed 3-21-08; 8:45 am]
BILLING CODE 4410-10-P
