80 FR 32869 - Intercountry Adoptions: Regulatory Change To Prevent Accreditation and Approval Renewal Requests From Coming Due at the Same Time

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range		32869-32870
FR Document		2015-14066

This proposed rule would amend 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.

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015)

[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Proposed Rules]
[Pages 32869-32870]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14066]


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DEPARTMENT OF STATE

22 CFR Part 96

[Public Notice 9165]
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: Proposed rule.

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

SUMMARY: This proposed rule would amend 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: Comments are due by July 10, 2015.

ADDRESSES:  Internet: You may view this proposed rule and 
submit your comments by visiting the Regulations.gov Web site at 
www.regulations.gov, and searching for docket number DOS-2014-0015.
     Mail or Delivery: You may send your paper, disk, or CD-ROM 
submissions to the following address: Comments on Proposed Rule 22 CFR 
part 96, Office of Legal Affairs, Overseas Citizen Services, U.S. 
Department of State, CA/OCS/L, SA-17, Floor 10, Washington, DC 20522-
1710.
     All comments should include the commenter's name and the 
organization the commenter represents (if applicable). If the 
Department is unable to read your comment for any reason, the 
Department might not be able to consider your comment. Please be 
advised that all comments will be considered public comments and might 
be viewed by other commenters; therefore, do not include any 
information you would not wish to be made public. After the conclusion 
of the comment period, the Department will publish a final rule (in 
which it will address relevant comments) as expeditiously as possible.

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 rulemaking?

    This proposed 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 proposed rule will aid 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.
    There will be 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 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 will allow a more even 
distribution of the number of renewals an accrediting entity must 
review in a given year.
    The Department invites comment on the procedures described above.

Administrative Procedure Act

    The Department is publishing this notice of proposed rulemaking 
with a 30-day period for public comments.

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 proposed rule does 
not have a significant economic impact on a substantial number of small 
entities. For

[[Page 32870]]

the small business entities affected by the amendments, the cost is 
neutral because it does not change the cost per year of accreditation 
or renewal, but in only potentially the year in which renewal takes 
place.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, (codified 
at 2 U.S.C. 1532) does not apply to this rulemaking.

 Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed 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 proposed 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 proposed rule will 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 proposed rule will not have substantial direct effects 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 will 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 proposed 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 proposed 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 proposed rule does not impose 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, 
Accreditation, Approval.

    For the reasons stated in the preamble, the Department of State 
proposes to amend 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 Sec.  
96.60(b). 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:
    (1) Those that have no pending Complaint Registry investigations or 
adverse actions (see Sec.  96.70); and
    (2) 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: June 2, 2015.
Michele T. Bond,
Acting Assistant Secretary for Consular Affairs, U.S. Department of 
State.
[FR Doc. 2015-14066 Filed 6-9-15; 8:45 am]
 BILLING CODE 4710-06-P

Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Proposed Rules 32869

of public hearing will inform FDA’s Accreditation (COA), the designated results in many renewal applications
decision about whether and how to accrediting entity. Permitting some coming due at the same time.
adjust the current enforcement policies agencies or persons to qualify for an This proposed rule will aid the
for drug products labeled as extension by one year of the accrediting entity in managing its
homeopathic to reflect changes in the accreditation or approval period will workload. In particular, the
homeopathic product marketplace over result in a more even distribution of amendments to this section will allow
the last approximately 25 years. applications for renewal in a given year. for a one-year extension of previously-
FDA is extending the comment period By distributing renewals, and the granted accreditation or approval, not to
for an additional 60 days, until August resources needed to process them, COA exceed five years total, based on criteria
21, 2015. The Agency believes that an will be further enabled to effectively included in the rule, and summarized
additional 60-day extension of the and consistently carry out its other here.
comment period for the notice of public functions. There will be criteria for selecting
hearing will allow adequate time for which agencies or persons are eligible
DATES: Comments are due by July 10, for the one-year extension. As a
interested persons to submit comments
2015. threshold matter, only agencies and
without significantly delaying Agency
decision making on these important ADDRESSES: • Internet: You may view persons that have no pending adoption-
issues. this proposed rule and submit your related complaint investigations or
comments by visiting the adverse actions will be eligible for an
II. Request for Comments Regulations.gov Web site at extension under this procedure. Also,
Interested persons may submit either www.regulations.gov, and searching for those entities that have undergone a
electronic comments regarding this docket number DOS–2014–0015. change in corporate or internal structure
document to http://www.regulations.gov • Mail or Delivery: You may send (such as a merger or a leadership change
or written comments to the Division of your paper, disk, or CD–ROM in chief executive or chief financial
Dockets Management (see ADDRESSES). submissions to the following address: officer) since their initial accreditation/
You should annotate and organize your Comments on Proposed Rule 22 CFR approval or last renewal will not qualify
comments to identify the specific part 96, Office of Legal Affairs, Overseas for an extension under this procedure.
questions or topic to which they refer. Citizen Services, U.S. Department of If the agency or person meets the
It is only necessary to send one set of State, CA/OCS/L, SA–17, Floor 10, threshold criteria, in order to ensure
comments. Identify comments with the Washington, DC 20522–1710. that the extension achieves its purpose
docket number found in brackets in the • All comments should include the of staggering renewals thereafter, the
heading of this document. Received commenter’s name and the organization Secretary, in his discretion may
comments may be seen in the Division the commenter represents (if consider additional factors including,
of Dockets Management between 9 a.m. applicable). If the Department is unable but not limited to, the agency’s or
and 4 p.m., Monday through Friday, and to read your comment for any reason, person’s volume of intercountry
will be posted to the docket at http:// the Department might not be able to adoption cases in the year preceding the
www.regulations.gov. consider your comment. Please be application for renewal or extension, the
Dated: June 4, 2015. advised that all comments will be agency’s or person’s U.S. state licensure
Leslie Kux, considered public comments and might record, and the number of extensions
Associate Commissioner for Policy. be viewed by other commenters; available.
therefore, do not include any Since the President signed into law
[FR Doc. 2015–14143 Filed 6–9–15; 8:45 am]
information you would not wish to be the Universal Accreditation Act of 2012,
BILLING CODE 4164–01–P approximately 40 new agencies received
made public. After the conclusion of the
comment period, the Department will accreditation, all in the same year. The
publish a final rule (in which it will resulting surge in the number of
DEPARTMENT OF STATE address relevant comments) as agencies requiring review in certain
expeditiously as possible. years argued strongly for establishing a
22 CFR Part 96 mechanism that would allow COA to
FOR FURTHER INFORMATION CONTACT:
[Public Notice 9165] Carine Rosalia, Office of Legal Affairs, better manage the distribution of
Overseas Citizen Services, U.S. renewals. The procedure outlined in
RIN 1400–AD82
Department of State, CA/OCS/L, SA–17, this rulemaking will allow a more even
Intercountry Adoptions: Regulatory Floor 10, Washington, DC 20522–1710; distribution of the number of renewals
Change To Prevent Accreditation and (202) 485–6079. an accrediting entity must review in a
Approval Renewal Requests From given year.
SUPPLEMENTARY INFORMATION: The Department invites comment on
Coming Due at the Same Time
Why is the Department promulgating the procedures described above.
AGENCY: Department of State. this rulemaking? Administrative Procedure Act
ACTION: Proposed rule.
This proposed rule amends The Department is publishing this
SUMMARY: This proposed rule would procedural aspects of the Intercountry notice of proposed rulemaking with a
amend the Department of State Adoption Accreditation Regulations 30-day period for public comments.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

(Department) regulation on the concerning the length of accreditation or
accreditation and approval of adoption approval found in 22 CFR part 96. Regulatory Flexibility Act/Executive
service providers in intercountry Subpart G governs decisions on Order 13272: Small Business
adoptions. Most agencies and persons applications for accreditation and Consistent with section 605(b) of the
currently accredited received that approval. Section 96.60 provides for Regulatory Flexibility Act (5 U.S.C.
accreditation at approximately the same accreditation or approval for a period of 605(b)), the Department certifies that
time, which has resulted in a surge of four years. Section 96.60 does not this proposed rule does not have a
concurrent renewal applications for currently provide the opportunity to significant economic impact on a
consideration by the Council on stagger the renewal applications, which substantial number of small entities. For

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32870 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Proposed Rules

the small business entities affected by Paperwork Reduction Act extension including, but not limited to,
the amendments, the cost is neutral This proposed rule does not impose the agency’s or person’s volume of
because it does not change the cost per information collection requirements intercountry adoption cases in the year
year of accreditation or renewal, but in subject to the provisions of the preceding the application for renewal or
only potentially the year in which Paperwork Reduction Act, 44 U.S.C. extension, the agency’s or person’s state
renewal takes place. Chapter 35. licensure record, and the number of
extensions available.
Unfunded Mandates Reform Act of List of Subjects in 22 CFR Part 96
1995 Dated: June 2, 2015.
Adoption, Child welfare, Children, Michele T. Bond,
Section 202 of the Unfunded Immigration, Foreign persons, Acting Assistant Secretary for Consular
Mandates Reform Act of 1995, (codified Accreditation, Approval. Affairs, U.S. Department of State.
at 2 U.S.C. 1532) does not apply to this For the reasons stated in the [FR Doc. 2015–14066 Filed 6–9–15; 8:45 am]
rulemaking. preamble, the Department of State BILLING CODE 4710–06–P
Small Business Regulatory Enforcement proposes to amend 22 CFR part 96 as
Fairness Act of 1996 follows:
This proposed rule is not a major rule PART 96—INTERCOUNTRY ADOPTION ENVIRONMENTAL PROTECTION
as defined by 5 U.S.C. 804, for purposes ACCREDITATION OF AGENCIES AND AGENCY
of congressional review of agency APPROVAL OF PERSONS 40 CFR Part 52
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of ■ 1. The authority citation for part 96 [EPA–R10–OAR–2015–0330; FRL–9928–95–
1996 (Pub. L. 104–121). continues to read as follows: Region 10]
Authority: The Convention on Protection
Executive Order 12866 Approval and Promulgation of
of Children and Co-operation in Respect of
Intercountry Adoption (done at the Hague, Implementation Plans; Washington:
The Department of State has reviewed
May 29, 1993), S. Treaty Doc. 105–51 (1998), Interstate Transport of Fine Particulate
this proposed rule to ensure its
1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); Matter
consistency with the regulatory
The Intercountry Adoption Act of 2000, 42
philosophy and principles set forth in AGENCY: Environmental Protection
U.S.C. 14901–14954; The Intercountry
Executive Order 12866 and has Adoption Universal Accreditation Act of Agency.
determined that the benefits of this final 2012, Pub. L. 112–276, 42 U.S.C. 14925. ACTION: Proposed rule.
regulation justify its costs. The
Department does not consider this ■ 2. Revise § 96.60 to read as follows: SUMMARY: The Clean Air Act (CAA)
rulemaking to be an economically § 96.60 Length of accreditation or approval requires each State Implementation Plan
significant action under the Executive period. (SIP) to contain adequate provisions
Order. The proposed rule will not add (a) The accrediting entity will accredit prohibiting air emissions that will have
any new legal requirements to Part 96; or approve an agency or person for a certain adverse air quality effects in
it merely adds administrative flexibility period of four years, except as provided other states. On May 11, 2015, the State
to the work of the Department- in § 96.60(b). The accreditation or of Washington submitted a SIP revision
designated accrediting entity. approval period will commence on the to the Environmental Protection Agency
date that the agency or person is granted (EPA) to address these interstate
Executive Orders 12372 and 13132: transport requirements with respect to
Federalism accreditation or approval.
(b) In order to stagger the renewal the 2006 24-hour fine particulate matter
This proposed rule will not have requests from agencies and persons (PM2.5) National Ambient Air Quality
substantial direct effects on the States, applying for accreditation or approval Standards (NAAQS). The EPA is
on the relationship between the national and to prevent the renewal requests proposing to find that Washington has
government and the States, or the from coming due at the same time, the adequately addressed certain CAA
distribution of power and accrediting entity may extend the period interstate transport requirements for the
responsibilities among the various of accreditation it has previously 2006 24-hour PM2.5 NAAQS.
levels of government. Nor will it have granted for no more than one year and DATES: Written comments must be
federalism implications warranting the such that the total period of received on or before July 10, 2015.
application of Executive Orders 12372 accreditation does not exceed five years, ADDRESSES: Submit your comments,
and No. 13132. as long as the agency or person remains identified by Docket ID No. EPA–R10–
Executive Order 12988: Civil Justice in substantial compliance with the OAR–2015–0330, by any of the
Reform applicable standards in subpart F of this following methods:
part. The only agencies and persons that • www.regulations.gov: Follow the
The Department has reviewed the may qualify for an extension are: on-line instructions for submitting
proposed rule in light of Executive (1) Those that have no pending comments.
Order No. 12988 to eliminate ambiguity, Complaint Registry investigations or • Email: R10-Public_Comments@
minimize litigation, establish clear legal adverse actions (see § 96.70); and epa.gov.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

standards, and reduce burden. (2) Those that have not undergone a • Mail: Jeff Hunt, EPA Region 10,
change in corporate or internal structure Office of Air, Waste and Toxics (AWT–
Executive Order 13563: Improving
(such as a merger or change in chief 150), 1200 Sixth Avenue, Suite 900,
Regulation and Regulatory Review
executive or financial officer) during Seattle, WA 98101.
The Department has considered this their current accreditation or approval • Hand Delivery/Courier: EPA Region
proposed rule in light of Executive period. For agencies and persons that 10 9th Floor Mailroom, 1200 Sixth
Order 13563, dated January 18, 2011, meet these two criteria, the Secretary, in Avenue, Suite 900, Seattle WA, 98101.
and affirms that it is consistent with the his or her discretion, may consider Attention: Jeff Hunt, Office of Air, Waste
guidance therein. additional factors in deciding upon an and Toxics, AWT—150. Such deliveries

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Document Created: 2015-12-15 15:17:18
Document Modified: 2015-12-15 15:17:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments are due by July 10, 2015.
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.
FR Citation		80 FR 32869
RIN Number		1400-AD82
CFR Associated		Adoption; Child Welfare; Children; Immigration; Foreign Persons; Accreditation and Approval