80 FR 50195 - 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 160 (August 19, 2015)

Page Range		50195-50196
FR Document		2015-20402

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.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)

[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50195-50196]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50195

they would be submitted to OMB for For the reasons set forth in the Overseas Citizen Services, U.S.
approval. preamble, 7 CFR part 958 is amended as Department of State, CA/OCS/L, SA–17,
This action imposes no additional follows: Floor 10, Washington, DC 20522–1710;
reporting or recordkeeping requirements (202) 485–6079.
on either small or large Idaho-Eastern PART 958—ONIONS GROWN IN SUPPLEMENTARY INFORMATION:
Oregon onion handlers. As with all CERTAIN DESIGNATED COUNTIES IN
Federal marketing order programs, IDAHO, AND MALHEUR COUNTY, Why is the Department promulgating
reports and forms are periodically OREGON this rule?
reviewed to reduce information This rule amends procedural aspects
requirements and duplication by ■ 1. The authority citation for 7 CFR of the Intercountry Adoption
industry and public sector agencies. part 958 continues to read as follows: Accreditation Regulations concerning
AMS is committed to complying with Authority: 7 U.S.C. 601–674. the length of accreditation or approval
the E-Government Act, to promote the ■ 2. Section 958.240 is revised to read found in 22 CFR part 96. Subpart G
use of the internet and other as follows: governs decisions on applications for
information technologies to provide accreditation and approval. Section
increased opportunities for citizen § 958.240 Assessment rate. 96.60 provides for accreditation or
access to Government information and approval for a period of four years.
On and after July 1, 2015, an
services, and for other purposes. Section 96.60 does not currently
USDA has not identified any relevant assessment rate of $0.05 per
provide the opportunity to stagger the
Federal rules that duplicate, overlap, or hundredweight is established for Idaho-
renewal applications, which results in
conflict with this rule. Eastern Oregon onions.
many renewal applications coming due
A small business guide on complying Dated: August 13, 2015. at the same time.
with fruit, vegetable, and specialty crop Rex A. Barnes, This rule aids the accrediting entity in
marketing agreements and orders may Associate Administrator, Agricultural managing its workload. In particular,
be viewed at: http://www.ams.usda.gov/ Marketing Service. the amendments to this section will
MarketingOrdersSmallBusinessGuide. [FR Doc. 2015–20444 Filed 8–18–15; 8:45 am] allow for a one-year extension of
Any questions about the compliance BILLING CODE P previously-granted accreditation or
guide should be sent to Jeffrey Smutny approval, not to exceed five years total,
at the previously mentioned address in based on criteria included in the rule,
the FOR FURTHER INFORMATION CONTACT DEPARTMENT OF STATE and summarized here.
section. The final rule establishes criteria for
After consideration of all relevant 22 CFR Part 96 selecting which agencies or persons are
material presented, including the eligible for the one-year extension. As a
information and recommendation [Public Notice 9228] threshold matter, only agencies and
submitted by the Committee and other RIN 1400–AD82 persons that have no pending adoption-
available information, it is hereby found related complaint investigations or
that this rule, as hereinafter set forth, Intercountry Adoptions: Regulatory adverse actions will be eligible for an
will tend to effectuate the declared Change To Prevent Accreditation and extension under this procedure. Also,
policy of the Act. Approval Renewal Requests From those entities that have undergone a
Pursuant to 5 U.S.C. 553, it is also Coming Due at the Same Time change in corporate or internal structure
found and determined upon good cause (such as a merger or a leadership change
that it is impracticable, unnecessary, AGENCY: Department of State.
in chief executive or chief financial
and contrary to the public interest to ACTION: Final rule. officer) since their initial accreditation/
give preliminary notice prior to putting SUMMARY: This rule amends the approval or last renewal will not qualify
this rule into effect, and that good cause Department of State (Department) for an extension under this procedure.
exists for not postponing the effective regulation on the accreditation and If the agency or person meets the
date of this rule until 30 days after approval of adoption service providers threshold criteria, in order to ensure
publication in the Federal Register in intercountry adoptions. Most that the extension achieves its purpose
because: (1) The 2015–2016 fiscal agencies and persons currently of staggering renewals thereafter, the
period begins on July 1, 2015, and the accredited received that accreditation at Secretary in his discretion may consider
marketing order requires that the rate of approximately the same time, which has additional factors including, but not
assessment for each fiscal period apply resulted in a surge of concurrent limited to, the agency’s or person’s
to all assessable onions handled during renewal applications for consideration volume of intercountry adoption cases
such fiscal period; (2) the action by the Council on Accreditation (COA), in the year preceding the application for
decreases the assessment rate for renewal or extension, the agency’s or
the designated accrediting entity.
assessable onions beginning with the person’s U.S. state licensure record, and
Permitting some agencies or persons to
2015–2016 fiscal period; (3) handlers the number of extensions available.
qualify for an extension by one year of
are aware of this action which was Since the President signed into law
the accreditation or approval period will
recommended by the Committee at a the Intercountry Adoption Universal
result in a more even distribution of
public meeting; and (4) this interim rule Accreditation Act of 2012,
applications for renewal in a given year.
provides a 60-day comment period, and approximately 40 new agencies received
By distributing renewals, and the
all comments timely received will be accreditation, all in the same year. The
resources needed to process them, COA
resulting surge in the number of
rmajette on DSK2VPTVN1PROD with RULES

considered prior to finalization of this will be further enabled to effectively
rule. agencies requiring review in certain
and consistently carry out its other
years argued strongly for establishing a
List of Subjects in 7 CFR Part 958 functions.
mechanism that would allow COA to
Marketing agreements, Onions, DATES: Effective September 18, 2015. better manage the distribution of
Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: renewals. The procedure outlined in
requirements. Carine Rosalia, Office of Legal Affairs, this rulemaking allows a more even

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50196 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations

distribution of the number of renewals application of Executive Orders 12372 accreditation does not exceed five years,
an accrediting entity must review in a and No. 13132. as long as the agency or person remains
given year. in substantial compliance with the
Executive Order 12988: Civil Justice
applicable standards in subpart F of this
Administrative Procedure Act Reform
part. The only agencies and persons that
The Department published this rule as The Department has reviewed the rule may qualify for an extension are: Those
a notice of proposed rulemaking on June in light of Executive Order No. 12988 to that have no pending Complaint
10, 2015, with a 30-day period for eliminate ambiguity, minimize Registry investigations or adverse
public comments. See 80 FR 32869. The litigation, establish clear legal actions (see § 96.70); and those that have
Department received no comments on standards, and reduce burden. not undergone a change in corporate or
the rulemaking. internal structure (such as a merger or
Executive Order 13563: Improving
Regulatory Flexibility Act/Executive Regulation and Regulatory Review change in chief executive or financial
Order 13272: Small Business officer) during their current
The Department has considered this accreditation or approval period. For
Consistent with section 605(b) of the rule in light of Executive Order 13563, agencies and persons that meet these
Regulatory Flexibility Act (5 U.S.C. dated January 18, 2011, and affirms that two criteria, the Secretary, in his or her
605(b)), the Department certifies that it is consistent with the guidance discretion, may consider additional
this rule does not have a significant therein. factors in deciding upon an extension
economic impact on a substantial including, but not limited to, the
number of small entities. For the small Paperwork Reduction Act
agency’s or person’s volume of
business entities affected by the This rule does not impose or revise intercountry adoption cases in the year
amended rule, the cost is neutral information collection requirements preceding the application for renewal or
because it does not change the cost per subject to the provisions of the extension, the agency’s or person’s state
year of accreditation or renewal, but Paperwork Reduction Act, 44 U.S.C. licensure record, and the number of
only potentially the year in which Chapter 35. extensions available.
renewal takes place.
List of Subjects in 22 CFR Part 96 Dated: August 11, 2015.
Unfunded Mandates Reform Act of Adoption, Child welfare, Children, Michele Thoren Bond,
1995 Immigration, Foreign persons. Assistant Secretary for Consular Affairs, U.S.
This rulemaking is not affected by the For the reasons stated in the Department of State.
provisions of section 202 of the preamble, the Department of State [FR Doc. 2015–20402 Filed 8–18–15; 8:45 am]
Unfunded Mandates Reform Act of 1995 amends 22 CFR part 96 as follows: BILLING CODE 4710–06–P
(codified at 2 U.S.C. 1532).
PART 96—INTERCOUNTRY ADOPTION
Small Business Regulatory Enforcement
ACCREDITATION OF AGENCIES AND DEPARTMENT OF HOMELAND
Fairness Act of 1996
APPROVAL OF PERSONS SECURITY
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of ■ 1. The authority citation for part 96 Coast Guard
congressional review of agency continues to read as follows:
rulemaking under the Small Business Authority: The Convention on Protection 33 CFR Part 100
Regulatory Enforcement Fairness Act of of Children and Co-operation in Respect of [Docket No. USCG–2013–1061; 1625–AA08]
1996 (Pub. L. 104–121). Intercountry Adoption (done at the Hague,
May 29, 1993), S. Treaty Doc. 105–51 (1998), Special Local Regulations; Eighth
Executive Order 12866 1870 U.N.T.S. 167 (Reg. No. 31922 (1993));
Coast Guard District Annual and
The Department of State has reviewed The Intercountry Adoption Act of 2000, 42
U.S.C. 14901–14954; The Intercountry Recurring Marine Events Update
this rule to ensure its consistency with
the regulatory philosophy and Adoption Universal Accreditation Act of AGENCY: Coast Guard, DHS.
2012, Pub. L. 112–276, 42 U.S.C. 14925.
principles set forth in Executive Order ACTION: Final rule.
12866 and has determined that the ■ 2. Revise § 96.60 to read as follows:
benefits of this final regulation justify its SUMMARY: The Coast Guard is amending
costs. The Department does not consider § 96.60 Length of accreditation or approval and updating its special local
this rulemaking to be an economically period. regulations relating to recurring marine
significant action under the Executive (a) The accrediting entity will accredit parades, regattas, and other events that
Order. The rule does not add any new or approve an agency or person for a take place in the Eighth Coast Guard
legal requirements to Part 96; it merely period of four years, except as provided District area of responsibility (AOR).
adds administrative flexibility to the in paragraph (b) of this section. The This final rule informs the public of
work of the Department-designated accreditation or approval period will regularly scheduled marine parades,
accrediting entity. commence on the date that the agency regattas, and other recurring events that
or person is granted accreditation or require additional safety measures
Executive Orders 12372 and 13132: approval. through establishing a special local
Federalism (b) In order to stagger the renewal regulation. Through this final rule, the
This rule does not have a substantial requests from agencies and persons list of recurring marine events requiring
direct effect on the States, on the applying for accreditation or approval special local regulation is updated with
rmajette on DSK2VPTVN1PROD with RULES

relationship between the national and to prevent the renewal requests revisions, additional events, and
government and the States, or the from coming due at the same time, the removal of events that no longer take
distribution of power and accrediting entity may extend the period place in the Eighth Coast Guard District
responsibilities among the various of accreditation it has previously AOR. When these special local
levels of government. Nor does it have granted for no more than one year and regulations are enforced, certain
federalism implications warranting the such that the total period of restrictions are placed on marine traffic

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Document Created: 2015-12-15 11:58:58
Document Modified: 2015-12-15 11:58:58

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		Rules and Regulations
Action		Final rule.
Dates		Effective September 18, 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 50195
RIN Number		1400-AD82
CFR Associated		Adoption; Child Welfare; Children; Immigration and Foreign Persons