Intercountry Adoptions: Regulatory Change To Prevent Accreditation and Approval Renewal Requests From Coming Due at the Same Time, 50195-50196 [2015-20402]

Download as PDF rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large Idaho-Eastern Oregon onion handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Jeffrey Smutny at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2015–2016 fiscal period begins on July 1, 2015, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable onions handled during such fiscal period; (2) the action decreases the assessment rate for assessable onions beginning with the 2015–2016 fiscal period; (3) handlers are aware of this action which was recommended by the Committee at a public meeting; and (4) this interim rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 958 Marketing agreements, Onions, Reporting and recordkeeping requirements. VerDate Sep<11>2014 15:08 Aug 18, 2015 Jkt 235001 For the reasons set forth in the preamble, 7 CFR part 958 is amended as follows: PART 958—ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON 1. The authority citation for 7 CFR part 958 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 958.240 is revised to read as follows: ■ § 958.240 Assessment rate. On and after July 1, 2015, an assessment rate of $0.05 per hundredweight is established for IdahoEastern Oregon onions. Dated: August 13, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015–20444 Filed 8–18–15; 8:45 am] BILLING CODE P DEPARTMENT OF STATE 22 CFR Part 96 [Public Notice 9228] RIN 1400–AD82 Intercountry Adoptions: Regulatory Change To Prevent Accreditation and Approval Renewal Requests From Coming Due at the Same Time Department of State. Final rule. AGENCY: ACTION: This rule amends the Department of State (Department) regulation on the accreditation and approval of adoption service providers in intercountry adoptions. Most agencies and persons currently accredited received that accreditation at approximately the same time, which has resulted in a surge of concurrent renewal applications for consideration by the Council on Accreditation (COA), the designated accrediting entity. Permitting some agencies or persons to qualify for an extension by one year of the accreditation or approval period will result in a more even distribution of applications for renewal in a given year. By distributing renewals, and the resources needed to process them, COA will be further enabled to effectively and consistently carry out its other functions. DATES: Effective September 18, 2015. FOR FURTHER INFORMATION CONTACT: Carine Rosalia, Office of Legal Affairs, SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 50195 Overseas Citizen Services, U.S. Department of State, CA/OCS/L, SA–17, Floor 10, Washington, DC 20522–1710; (202) 485–6079. SUPPLEMENTARY INFORMATION: Why is the Department promulgating this rule? This rule amends procedural aspects of the Intercountry Adoption Accreditation Regulations concerning the length of accreditation or approval found in 22 CFR part 96. Subpart G governs decisions on applications for accreditation and approval. Section 96.60 provides for accreditation or approval for a period of four years. Section 96.60 does not currently provide the opportunity to stagger the renewal applications, which results in many renewal applications coming due at the same time. This rule aids the accrediting entity in managing its workload. In particular, the amendments to this section will allow for a one-year extension of previously-granted accreditation or approval, not to exceed five years total, based on criteria included in the rule, and summarized here. The final rule establishes criteria for selecting which agencies or persons are eligible for the one-year extension. As a threshold matter, only agencies and persons that have no pending adoptionrelated complaint investigations or adverse actions will be eligible for an extension under this procedure. Also, those entities that have undergone a change in corporate or internal structure (such as a merger or a leadership change in chief executive or chief financial officer) since their initial accreditation/ approval or last renewal will not qualify for an extension under this procedure. If the agency or person meets the threshold criteria, in order to ensure that the extension achieves its purpose of staggering renewals thereafter, the Secretary in his discretion may consider additional factors including, but not limited to, the agency’s or person’s volume of intercountry adoption cases in the year preceding the application for renewal or extension, the agency’s or person’s U.S. state licensure record, and the number of extensions available. Since the President signed into law the Intercountry Adoption Universal Accreditation Act of 2012, approximately 40 new agencies received accreditation, all in the same year. The resulting surge in the number of agencies requiring review in certain years argued strongly for establishing a mechanism that would allow COA to better manage the distribution of renewals. The procedure outlined in this rulemaking allows a more even E:\FR\FM\19AUR1.SGM 19AUR1 50196 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations distribution of the number of renewals an accrediting entity must review in a given year. Administrative Procedure Act The Department published this rule as a notice of proposed rulemaking on June 10, 2015, with a 30-day period for public comments. See 80 FR 32869. The Department received no comments on the rulemaking. Regulatory Flexibility Act/Executive Order 13272: Small Business Consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule does not have a significant economic impact on a substantial number of small entities. For the small business entities affected by the amended rule, the cost is neutral because it does not change the cost per year of accreditation or renewal, but only potentially the year in which renewal takes place. Unfunded Mandates Reform Act of 1995 This rulemaking is not affected by the provisions of section 202 of the Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1532). 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). Executive Order 12866 The Department of State has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this rulemaking to be an economically significant action under the Executive Order. The rule does not add any new legal requirements to Part 96; it merely adds administrative flexibility to the work of the Department-designated accrediting entity. rmajette on DSK2VPTVN1PROD with RULES Executive Orders 12372 and 13132: Federalism This rule does not have a substantial direct effect on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor does it have federalism implications warranting the VerDate Sep<11>2014 15:08 Aug 18, 2015 Jkt 235001 application of Executive Orders 12372 and No. 13132. Executive Order 12988: Civil Justice Reform The Department has reviewed the rule in light of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Executive Order 13563: Improving Regulation and Regulatory Review The Department has considered this rule in light of Executive Order 13563, dated January 18, 2011, and affirms that it is consistent with the guidance therein. Paperwork Reduction Act This rule does not impose or revise information collection requirements subject to the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 96 Adoption, Child welfare, Children, Immigration, Foreign persons. For the reasons stated in the preamble, the Department of State amends 22 CFR part 96 as follows: PART 96—INTERCOUNTRY ADOPTION ACCREDITATION OF AGENCIES AND APPROVAL OF PERSONS accreditation does not exceed five years, as long as the agency or person remains in substantial compliance with the applicable standards in subpart F of this part. The only agencies and persons that may qualify for an extension are: Those that have no pending Complaint Registry investigations or adverse actions (see § 96.70); and those that have not undergone a change in corporate or internal structure (such as a merger or change in chief executive or financial officer) during their current accreditation or approval period. For agencies and persons that meet these two criteria, the Secretary, in his or her discretion, may consider additional factors in deciding upon an extension including, but not limited to, the agency’s or person’s volume of intercountry adoption cases in the year preceding the application for renewal or extension, the agency’s or person’s state licensure record, and the number of extensions available. Dated: August 11, 2015. Michele Thoren Bond, Assistant Secretary for Consular Affairs, U.S. Department of State. [FR Doc. 2015–20402 Filed 8–18–15; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF HOMELAND SECURITY ■ 1. The authority citation for part 96 continues to read as follows: Coast Guard 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; The Intercountry Adoption Universal Accreditation Act of 2012, Pub. L. 112–276, 42 U.S.C. 14925. 33 CFR Part 100 ■ 2. Revise § 96.60 to read as follows: § 96.60 Length of accreditation or approval period. (a) The accrediting entity will accredit or approve an agency or person for a period of four years, except as provided in paragraph (b) of this section. The accreditation or approval period will commence on the date that the agency or person is granted accreditation or approval. (b) In order to stagger the renewal requests from agencies and persons applying for accreditation or approval and to prevent the renewal requests from coming due at the same time, the accrediting entity may extend the period of accreditation it has previously granted for no more than one year and such that the total period of PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 [Docket No. USCG–2013–1061; 1625–AA08] Special Local Regulations; Eighth Coast Guard District Annual and Recurring Marine Events Update Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Eighth Coast Guard District area of responsibility (AOR). This final rule informs the public of regularly scheduled marine parades, regattas, and other recurring events that require additional safety measures through establishing a special local regulation. Through this final rule, the list of recurring marine events requiring special local regulation is updated with revisions, additional events, and removal of events that no longer take place in the Eighth Coast Guard District AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic SUMMARY: E:\FR\FM\19AUR1.SGM 19AUR1

Agencies

[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50195-50196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20402]


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DEPARTMENT OF STATE

22 CFR Part 96

[Public Notice 9228]
RIN 1400-AD82


Intercountry Adoptions: Regulatory Change To Prevent 
Accreditation and Approval Renewal Requests From Coming Due at the Same 
Time

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Department of State (Department) 
regulation on the accreditation and approval of adoption service 
providers in intercountry adoptions. Most agencies and persons 
currently accredited received that accreditation at approximately the 
same time, which has resulted in a surge of concurrent renewal 
applications for consideration by the Council on Accreditation (COA), 
the designated accrediting entity. Permitting some agencies or persons 
to qualify for an extension by one year of the accreditation or 
approval period will result in a more even distribution of applications 
for renewal in a given year. By distributing renewals, and the 
resources needed to process them, COA will be further enabled to 
effectively and consistently carry out its other functions.

DATES: Effective September 18, 2015.

FOR FURTHER INFORMATION CONTACT: Carine Rosalia, Office of Legal 
Affairs, Overseas Citizen Services, U.S. Department of State, CA/OCS/L, 
SA-17, Floor 10, Washington, DC 20522-1710; (202) 485-6079.

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

    This rule amends procedural aspects of the Intercountry Adoption 
Accreditation Regulations concerning the length of accreditation or 
approval found in 22 CFR part 96. Subpart G governs decisions on 
applications for accreditation and approval. Section 96.60 provides for 
accreditation or approval for a period of four years. Section 96.60 
does not currently provide the opportunity to stagger the renewal 
applications, which results in many renewal applications coming due at 
the same time.
    This rule aids the accrediting entity in managing its workload. In 
particular, the amendments to this section will allow for a one-year 
extension of previously-granted accreditation or approval, not to 
exceed five years total, based on criteria included in the rule, and 
summarized here.
    The final rule establishes criteria for selecting which agencies or 
persons are eligible for the one-year extension. As a threshold matter, 
only agencies and persons that have no pending adoption-related 
complaint investigations or adverse actions will be eligible for an 
extension under this procedure. Also, those entities that have 
undergone a change in corporate or internal structure (such as a merger 
or a leadership change in chief executive or chief financial officer) 
since their initial accreditation/approval or last renewal will not 
qualify for an extension under this procedure. If the agency or person 
meets the threshold criteria, in order to ensure that the extension 
achieves its purpose of staggering renewals thereafter, the Secretary 
in his discretion may consider additional factors including, but not 
limited to, the agency's or person's volume of intercountry adoption 
cases in the year preceding the application for renewal or extension, 
the agency's or person's U.S. state licensure record, and the number of 
extensions available.
    Since the President signed into law the Intercountry Adoption 
Universal Accreditation Act of 2012, approximately 40 new agencies 
received accreditation, all in the same year. The resulting surge in 
the number of agencies requiring review in certain years argued 
strongly for establishing a mechanism that would allow COA to better 
manage the distribution of renewals. The procedure outlined in this 
rulemaking allows a more even

[[Page 50196]]

distribution of the number of renewals an accrediting entity must 
review in a given year.

Administrative Procedure Act

    The Department published this rule as a notice of proposed 
rulemaking on June 10, 2015, with a 30-day period for public comments. 
See 80 FR 32869. The Department received no comments on the rulemaking.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Consistent with section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)), the Department certifies that this rule does not have a 
significant economic impact on a substantial number of small entities. 
For the small business entities affected by the amended rule, the cost 
is neutral because it does not change the cost per year of 
accreditation or renewal, but only potentially the year in which 
renewal takes place.

Unfunded Mandates Reform Act of 1995

    This rulemaking is not affected by the provisions of section 202 of 
the Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1532).

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).

Executive Order 12866

    The Department of State has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of this 
final regulation justify its costs. The Department does not consider 
this rulemaking to be an economically significant action under the 
Executive Order. The rule does not add any new legal requirements to 
Part 96; it merely adds administrative flexibility to the work of the 
Department-designated accrediting entity.

Executive Orders 12372 and 13132: Federalism

    This rule does not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
the distribution of power and responsibilities among the various levels 
of government. Nor does it have federalism implications warranting the 
application of Executive Orders 12372 and No. 13132.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the rule in light of Executive Order 
No. 12988 to eliminate ambiguity, minimize litigation, establish clear 
legal standards, and reduce burden.

Executive Order 13563: Improving Regulation and Regulatory Review

    The Department has considered this rule in light of Executive Order 
13563, dated January 18, 2011, and affirms that it is consistent with 
the guidance therein.

Paperwork Reduction Act

    This rule does not impose or revise information collection 
requirements subject to the provisions of the Paperwork Reduction Act, 
44 U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 96

    Adoption, Child welfare, Children, Immigration, Foreign persons.

    For the reasons stated in the preamble, the Department of State 
amends 22 CFR part 96 as follows:

PART 96--INTERCOUNTRY ADOPTION ACCREDITATION OF AGENCIES AND 
APPROVAL OF PERSONS

0
1. The authority citation for part 96 continues to read as follows:

    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; The Intercountry Adoption Universal Accreditation Act 
of 2012, Pub. L. 112-276, 42 U.S.C. 14925.


0
2. Revise Sec.  96.60 to read as follows:


Sec.  96.60  Length of accreditation or approval period.

    (a) The accrediting entity will accredit or approve an agency or 
person for a period of four years, except as provided in paragraph (b) 
of this section. The accreditation or approval period will commence on 
the date that the agency or person is granted accreditation or 
approval.
    (b) In order to stagger the renewal requests from agencies and 
persons applying for accreditation or approval and to prevent the 
renewal requests from coming due at the same time, the accrediting 
entity may extend the period of accreditation it has previously granted 
for no more than one year and such that the total period of 
accreditation does not exceed five years, as long as the agency or 
person remains in substantial compliance with the applicable standards 
in subpart F of this part. The only agencies and persons that may 
qualify for an extension are: Those that have no pending Complaint 
Registry investigations or adverse actions (see Sec.  96.70); and those 
that have not undergone a change in corporate or internal structure 
(such as a merger or change in chief executive or financial officer) 
during their current accreditation or approval period. For agencies and 
persons that meet these two criteria, the Secretary, in his or her 
discretion, may consider additional factors in deciding upon an 
extension including, but not limited to, the agency's or person's 
volume of intercountry adoption cases in the year preceding the 
application for renewal or extension, the agency's or person's state 
licensure record, and the number of extensions available.

    Dated: August 11, 2015.
Michele Thoren Bond,
Assistant Secretary for Consular Affairs, U.S. Department of State.
[FR Doc. 2015-20402 Filed 8-18-15; 8:45 am]
BILLING CODE 4710-06-P
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