[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 6265]
Exchange Visitor Program--Au Pairs
AGENCY: Department of State.
ACTION: Interim Final Rule with request for comment.
SUMMARY: The Department is hereby revising its regulations regarding Au
Pairs. The Interim Final Rule revises the section on repeat
participation to allow qualified au pairs to repeat the program after a
period of at least two years residency outside the United States
following the end date of his or her initial program.
DATES: This rule is effective 30 days from July 21, 2008. The
Department will accept comments from the public up to 30 days from July
ADDRESSES: You may submit comments by any of the following methods:
Persons with access to the Internet may view this notice
and provide comments by going to the regulations.gov Web site at:
E-mail: email@example.com. You must include the RIN
(1400-AC48) in the subject line of your message.
Mail (paper, disk, or CD-ROM submissions): U.S. Department
of State, Office of Exchange Coordination and Designation, SA-44, 301
4th Street, SW., Room 734, Washington, DC 20547.
FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of
Exchange Coordination and Designation, U.S. Department of State, SA-44,
301 4th Street, SW., Room 734, Washington, DC 20547; or e-mail at
SUPPLEMENTARY INFORMATION: On December 10, 2007, the Department of
State published a Notice with request for comments to solicit views on
the age eligibility requirement for au pair participants, an increase
of the age limitation from 26 to 30, and whether to allow a foreign
national who previously participated in the au pair program to repeat
the program. A total of seven comments were received in response to the
Notice. All seven comments were in favor of increasing the age
requirement and permitting repeat participation. The au pair program is
one of five work-based exchange opportunities available through the
Exchange Visitor Program. These programs are targeted toward young
adults aged 18-26. At this time, the Department believes the synergies
of the program are enhanced by retaining its focus on participants in
this age range.
On the other hand, as the result of repeat participation, au pair
sponsors will be able to select from a larger pool of candidates. The
Department has determined that an au pair who has successfully
completed the au pair program may repeat program participation provided
that he or she has resided outside the United States for a period of at
least two years after the completion of initial participation in the au
pair program (including the educational component requirement) and is
within the regulatory age range for eligibility. An au pair who has
previously participated is likely to be more familiar with the American
culture (thereby quickly overcoming cultural challenges), is a proven
successful caretaker, and will be able to build on the skills
Administrative Procedure Act
The Department has determined that this Final Rule involves a
foreign affairs function of the United States and is consequently
exempt from the procedures required by 5 U.S.C. 553 pursuant to 5
U.S.C. 553(a)(1). Nonetheless, because of its importance to the public,
the Department elected to solicit comments during a 60-day comment
Small Business Regulatory Enforcement Fairness Act of 1996
This rule has been found not to be a major rule within the meaning
of the Small Business Regulatory Enforcement Fairness Act of 1996.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Since this rulemaking is exempt from 5 U.S.C. 553, and no other law
requires the Department to give notice of proposed rulemaking, this
rulemaking also is not subject to the Regulatory Flexibility Act (5
U.S.C. 601, et seq.) and Executive Order 13272, section 3(b).
Executive Order 12866, as Amended
The Department of State does not consider this Final Rule to be a
``significant regulatory action'' under Executive Order 12866, as
amended, Sec. 3(f), Regulatory Planning and Review. In addition, the
Department is 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 Proposed Rule to ensure its consistency with
the regulatory philosophy and principles set forth in that Executive
Executive Order 12988
The Department has reviewed this Final Rule in light of Sec. Sec.
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, generally
requires agencies to prepare a statement before proposing any rule that
may result in an annual expenditure of $100 million or more by State,
local, or tribal governments, or by the private sector. This Final Rule
will not result in any such expenditure, nor will it significantly or
uniquely affect small governments.
Executive Orders 12372 and 13132
This Final Rule 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. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Paperwork Reduction Act
This Interim Final Rule does not impose any new reporting or
recordkeeping requirements subject to the Paperwork Reduction Act, 44
U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 62
Cultural exchange programs, reporting and recordkeeping
Accordingly, 22 CFR Part 62 is revised to read as follows:
PART 62--EXCHANGE VISITOR PROGRAM
1. The authority citation for part 62 is revised to read as follows:
Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C.
1431-1442, 2451 et seq.; Foreign Affairs Reform and Restructuring
Act of 1998, Pub. L. 105-277, Div. G, 112 Stat. 2681 et seq.;
Reorganization Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; E.O.
12048 of March 27, 1978; 3 CFR, 1978 Comp. p. 168; the Illegal
Immigration Reform and Immigrant Responsibility Act (IIRIRA) of
1996, Pub. L. 104-208, Div. C, 110 Stat. 3009-546, as amended;
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (USA
PATRIOT ACT), Pub. L. 107-56, Sec. 416, 115 Stat. 354; and the
Enhanced Border Security and Visa Entry Reform Act of 2002, Pub. L.
107-173, 116 Stat. 543.
2. Section 62.31 is amended by revising paragraph (p) to read as
Sec. 62.31 Au pairs.
* * * * *
(p) Repeat Participation. A foreign national who enters the United
States as an au pair Exchange Visitor Program participant and who has
successfully completed his or her program is eligible to participate
again as an au pair participant, provided that he or she has resided
outside the United States for at least two years following completion
of his or her initial au pair program.
Dated: June 5, 2008.
Stanley S. Colvin,
Director, Office of Exchange Coordination and Designation, Bureau of
Educational and Cultural Affairs, Department of State.
[FR Doc. E8-13796 Filed 6-18-08; 8:45 am]
BILLING CODE 4710-05-P
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