Procedures for Children Abducted to the United States; Interim Final Rule, 47829-47831 [E8-18961]
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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations
IV. Environmental Impact
The agency has determined under 21
CFR 25.32(p) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
V. Paperwork Reduction Act
FDA concludes that the labeling
provisions of this final rule are not
subject to review by the Office of
Management and Budget because they
do not constitute a ‘‘collection of
information’’ under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). Rather, the food labeling health
claim on the association between
consumption of barley betafiber and
reduced risk of coronary heart disease is
a ‘‘public disclosure of information
originally supplied by the Federal
Government to the recipient for the
purpose of disclosure to the public’’ (5
CFR 1320.3(c)(2)).
sroberts on PROD1PC70 with PROPOSALS
VI. Federalism
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule will have a
preemptive effect on State law. Section
4(a) of the Executive order requires
agencies to ‘‘construe * * * a Federal
statute to preempt State law only where
the statute contains an express
preemption provision or there is some
other clear evidence that the Congress
intended preemption of State law, or
where the exercise of State authority
conflicts with the exercise of Federal
authority under the Federal statute.’’
Section 403A of the act (21 U.S.C. 343–
1) is an express preemption provision.
Section 403A(a)(5) of the act provides
that ‘‘* * * no State or political
subdivision of a State may directly or
indirectly establish under any authority
or continue in effect as to any food in
interstate commerce—* * * any
requirement respecting any claim of the
type described in section 403(r)(1) made
in the label or labeling of food that is
not identical to the requirement of
section 403(r). * * *’’
On February 25, 2008, FDA published
an IFR which imposed requirements
under section 403(r) of the act. This
final rule affirms the February 25, 2008,
amendment to the existing food labeling
regulations to add barley betafiber to the
authorized health claim for soluble fiber
from certain foods and CHD. Although
this rule has a preemptive effect in that
it precludes States from issuing any
health claim labeling requirements for
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Jkt 214001
barley betafiber and reduced risk of
CHD that are not identical to those
required by this final rule, this
preemptive effect is consistent with
what Congress set forth in section 403A
of the act. Section 403A(a)(5) of the act
displaces both State legislative
requirements and State common law
duties (Riegel v. Medtronic, 128 S. Ct.
999 (2008)).
FDA believes that the preemptive
effect of this final rule is consistent with
Executive Order 13132. Section 4(e) of
the Executive order provides that ‘‘when
an agency proposes to act through
adjudication or rulemaking to preempt
State law, the agency shall provide all
affected State and local officials notice
and an opportunity for appropriate
participation in the proceedings.’’ On
December 12, 2007, FDA’s Division of
Federal and State Relations provided
notice via fax and e-mail transmission to
State health commissioners, State
agriculture commissioners, food
program directors, and drug program
directors, as well as FDA field
personnel, of FDA’s intent to amend the
health claim regulation authorizing
health claims for soluble fiber from
certain foods and CHD (§ 101.81).
In addition, the agency sought input
from all stakeholders through
publication of the IFR in the Federal
Register on February 25, 2008. FDA
received one comment from the
Commonwealth of Kentucky, which
noted that FDA’s ruling on the health
claim would not adversely affect the
State’s actions or conflict with any State
laws.
In conclusion, the agency believes
that it has complied with all of the
applicable requirements of Executive
Order 13132 and has determined that
the preemptive effects of this rule are
consistent with the Executive order.
List of Subjects in 21 CFR Part 101
Food labeling, Nutrition, Reporting
and recordkeeping requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 101 is
amended as follows:
I
PART 101—FOOD LABELING
Accordingly, the interim final rule
amending § 101.81 that was published
in the Federal Register of February 25,
2008 (73 FR 9938), is adopted as a final
rule, without change.
I
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47829
Dated: August 7, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–18863 Filed 8–14–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF STATE
22 CFR Part 94
[Public Notice: 6320]
RIN 1400–AC45
Procedures for Children Abducted to
the United States; Interim Final Rule
Department of State.
Interim final rule with request
for comments.
AGENCY:
ACTION:
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;
https://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 speechimpaired persons may use the
Telecommunications Devices for the
Deaf (TDD) by contacting the Federal
Information Relay Service at 1–800–
877–8339.
E:\FR\FM\15AUR1.SGM
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47830
Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations
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
sroberts on PROD1PC70 with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:44 Aug 14, 2008
Jkt 214001
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, nongovernmental 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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 foreignbased 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
E:\FR\FM\15AUR1.SGM
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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations
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 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.
sroberts on PROD1PC70 with PROPOSALS
Infants and children, Reporting and
recordkeeping requirements, Treaties.
I For the reasons set forth in the
preamble, 22 CFR part 94 is revised to
read as follows:
PART 94—INTERNATIONAL CHILD
ABDUCTION
1. The authority citation for part 94
continues to read as follows:
I
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Jkt 214001
2. Section 94.6 is amended by revising
the introductory text and revising
paragraph (a) and paragraph (l) to read
as follows:
I
§ 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]
BILLING CODE 4710–06–P
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.
List of Subjects in 22 CFR Part 94
Authority: Hague Convention on the Civil
Aspects of International Child Abduction;
International Child Abduction Remedies Act,
Public Law 100–300.
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets
in Single-Employer Plans; Interest
Assumptions for Valuing and Paying
Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation’s regulations on Benefits
Payable in Terminated Single-Employer
Plans and Allocation of Assets in
Single-Employer Plans prescribe interest
assumptions for valuing and paying
benefits under terminating singleemployer plans. This final rule amends
the regulations to adopt interest
assumptions for plans with valuation
dates in September 2008. Interest
assumptions are also published on the
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective September 1, 2008.
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Fmt 4700
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47831
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Manager, Regulatory
and Policy Division, Legislative and
Regulatory Department, Pension Benefit
Guaranty Corporation, 1200 K Street,
NW., Washington, DC 20005, 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION: The
PBGC’s regulations prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits of terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions are intended to reflect
current conditions in the financial and
annuity markets.
Three sets of interest assumptions are
prescribed: (1) A set for the valuation of
benefits for allocation purposes under
section 4044 (found in Appendix B to
Part 4044), (2) a set for the PBGC to use
to determine whether a benefit is
payable as a lump sum and to determine
lump-sum amounts to be paid by the
PBGC (found in Appendix B to Part
4022), and (3) a set for private-sector
pension practitioners to refer to if they
wish to use lump-sum interest rates
determined using the PBGC’s historical
methodology (found in appendix C to
part 4022).
This amendment (1) adds to appendix
B to part 4044 the interest assumptions
for valuing benefits for allocation
purposes in plans with valuation dates
during September 2008, (2) adds to
appendix B to part 4022 the interest
assumptions for the PBGC to use for its
own lump-sum payments in plans with
valuation dates during September 2008,
and (3) adds to appendix C to part 4022
the interest assumptions for privatesector pension practitioners to refer to if
they wish to use lump-sum interest rates
determined using the PBGC’s historical
methodology for valuation dates during
September 2008.
For valuation of benefits for allocation
purposes, the interest assumptions that
the PBGC will use (set forth in appendix
B to part 4044) will be 6.24 percent for
the first 20 years following the valuation
date and 5.31 percent thereafter. These
interest assumptions represent an
increase (from those in effect for August
2008) of 0.19 percent for the first 20
years following the valuation date and
0.19 percent for all years thereafter.
The interest assumptions that the
PBGC will use for its own lump-sum
payments (set forth in appendix B to
part 4022) will be 3.50 percent for the
period during which a benefit is in pay
E:\FR\FM\15AUR1.SGM
15AUR1
]]>Agencies
[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Rules and Regulations]
[Pages 47829-47831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18961]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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; https://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]
BILLING CODE 4710-06-P
