[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Rules and Regulations]
[Page 15635-15636]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 15635]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 204, 213a, 299, and 322
[CIS No. 2098-00; DHS Docket No. USCIS-2007-0008]
RIN 1615-AA43
Classification of Aliens as Children of United States Citizens
Based on Intercountry Adoptions Under the Hague Convention; Re-Opening
and Extension of the Comment Period
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Interim rule; re-opening and extension of the comment period.
-----------------------------------------------------------------------
SUMMARY: On October 4, 2007, The Department of Homeland Security (DHS)
published an interim rule in the Federal Register at 72 FR 56832,
establishing rules necessary for the ratification and implementation of
the Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption, signed at The Hague on May 29, 1993
(``Convention''). The comment period ended December 3, 2007. Of the 54
comments received by DHS, most requested an extension of the comment
period to allow sufficient time to provide meaningful and substantive
comments. DHS is re-opening and extending the comment period for 60
days until May 27, 2008.
DATES: Written comments must be submitted on or before May 27, 2008.
Comments received beyond this date will not be considered.
ADDRESSES: You may submit comments to DHS, identified by DHS Docket No.
USCIS-2007-0008, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Chief, Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To
ensure proper handling, please reference DHS Docket No. USCIS-2007-0008
on your correspondence. This mailing address may also be used for
paper, disk, or CD-ROM submissions.
Hand Delivery/Courier: Regulatory Management Division,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC
20529. Contact Telephone Number (202) 272-8377.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Chief, Children's
Issues, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 20 Massachusetts Avenue, NW., Suite 3300,
Washington, DC 20529, telephone (202) 272-9176.
SUPPLEMENTARY INFORMATION:
Interim Rule
On October 4, 2007, the DHS published in the Federal Register at 72
FR 56832 an interim rule entitled ``Classification of Aliens as
Children of United States Citizens Based on Intercountry Adoptions
Under the Hague Convention.'' The interim rule established the
Department of Homeland Security rules necessary for the ratification
and implementation of the Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption, signed at The Hague on
May 29, 1993 (``Convention''). The interim rule entered into force on
November 5, 2007, although actual implementation of the interim rule
will not occur until the Convention enters into force for the United
States. The comment period for the interim rule ended December 3, 2007.
Implementation
On November 16, 2007, the President signed the instrument of
ratification for the Convention. The Department of State deposited the
instrument of ratification with the Ministry of Foreign Affairs of the
Kingdom of the Netherlands on December 12, 2007. On December 18, 2007,
the Department of State published in the Federal Register at 72 FR
71730 a written notice that the Convention will enter into force for
the United States on April 1, 2008. Accordingly, the DHS interim rule
published on October 4, 2007, will also enter into force April 1, 2008.
8 CFR 204.300(a).
Comments
As of December 3, 2007, 54 comments had been received on the
interim rule. Most of the comments did not address any issue raised by
the interim rule. Rather, these comments requested an extension of the
comment period. These commenters contend that the 60-day comment period
did not provide sufficient time for them to submit substantive
comments. Many of these commenters requested additional time to
comment.
As a legal matter, the 60-day comment period provided for by the
interim rule is sufficient. The Administrative Procedure Act, 5 U.S.C.
553, generally contemplates a 30-day comment period. Section 6(a)(1) of
Executive Order 12866, Regulatory Planning and Review, as amended by
Executive Order 13422, 72 FR 2763, references a 60-day benchmark for
establishing an appropriate comment period. Nevertheless, DHS has
determined as a matter of policy that the importance of the
implementation of the Convention makes it reasonable for DHS to agree
to the request for an additional comment period. DHS has also
determined that it is possible to re-open the comment period without
delaying implementation of the interim rule. Accordingly, DHS has
decided to re-open and extend the comment period.
All comments received by May 27, 2008 will be considered by DHS in
preparing the final rule. Note that this extension of the comment
period does not delay the implementation of the interim rule. The
interim rule itself entered into force on November 5, 2007.
Implementation will still begin on April 1, 2008, when the Convention
enters into force for the United States. 8 CFR 204.300(a). Prospective
adoptive parents seeking to adopt children habitually resident in a
Convention country may begin a Convention adoption case by filing Form
I-800A, Application for Determination of Suitability to Adopt a Child
from a Convention Country, on April 1, 2008.
View the Interim Rule
To view the interim rule published on October 4, 2007, see the url
listed
[[Page 15636]]
below: http://
edocket.access.gpo.gov/2007/E7-18992.htm.
Dated: March 18, 2008.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 08-1069 Filed 3-21-08; 8:45 am]
BILLING CODE 4410-10-P