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[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Rules and Regulations]               
[Page 34861-34862]
From the Federal Register Online via GPO Access []



22 CFR Part 62

RIN 1400-AC48
[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 
21, 2008.

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 Web site at:
     E-mail: 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 
previously acquired.

Regulatory Analysis

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.

[[Page 34862]]

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:


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]