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[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Rules and Regulations]               
[Page 62196-62197]
From the Federal Register Online via GPO Access []



22 CFR Parts 7 and 50

[Public Notice: 6398]

Board of Appellate Review; Review of Loss of Nationality

AGENCY: State Department.

ACTION: Final rule.


SUMMARY: This rule eliminates the Department's Board of Appellate 
Review (L/BAR), which had been authorized to review certain Department 
determinations, in particular those related to loss of citizenship and 
passport denials. Because L/BAR's jurisdiction has been superseded or 
made obsolete, and in large part replaced by review of loss of 
citizenship and passport matters by the Bureau of Consular Affairs, 
this rule eliminates L/BAR and authorizes on a discretionary basis an 
alternative, less cumbersome review of loss of nationality 
determinations by the Bureau of Consular Affairs.

DATES: This rule is effective October 20, 2008.

FOR FURTHER INFORMATION CONTACT: Monica A. Gaw, Office of Policy Review 
and InterAgency Liaison, Overseas Citizens Services, who may be reached 
at (202) 736-9110, e-mail

SUPPLEMENTARY INFORMATION: The Department published an interim final 
rule, Public Notice 6298 at 73 FR 41256 (July 18, 2008), with 60 days 
for post-promulgation comment, amending 22 CFR by removing the 
regulations in Part

[[Page 62197]]

7 that established the Board of Appellate Review (L/BAR) and revising 
Sec.  50.51 to provide for an alternative method of review of loss of 
nationality determinations on a discretionary basis.
    The rule was discussed in detail in Public Notice 6298, as were the 
Department's reasons for making the changes to the regulations. There 
were no comments to the interim final rule published July 18, 2008. The 
Department is now promulgating a final rule with no changes.

Regulatory Findings

Administrative Procedure Act

    The Department published this rule as an interim final rule on July 
18, 2008, with 60 days for post-promulgation comment, in accordance 
with the exemption contained in 5 U.S.C. 553(a)(2) for matters relating 
to agency management or personnel.

Regulatory Flexibility Act

    Since this action is exempt from the notice and comment procedures 
contained in 5 U.S.C. 553, and no other statute mandates such 
procedures, no analysis under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) is required. However, these changes to the regulations are 
hereby certified as not expected to have a significant impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act, 5 U.S.C. 601-612, and Executive Order 
13272, section 3(b).

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any year and it 
will not significantly or uniquely affect small governments. Therefore, 
no actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and import markets.

Executive Order 12866

    The Department does not consider this rule to be a ``significant 
regulatory action'' within the scope of section 3(f)(1) of Executive 
Order 12866. 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 regulation to 
ensure its consistency with the regulatory philosophy and principles 
set forth in that Executive Order.

Executive Order 12988--Civil Justice Reform

    The Department has reviewed this regulation in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 

Executive Orders 12372 and 13132--Federalism

    This regulation 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 
significant federalism implications warranting the application of 
Executive Orders No. 12372 and No. 13132.

National Environmental Policy Act

    The Department has analyzed this regulation for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 through 4327) 
and has determined that it will not have any effect on the quality of 
the environment.

The Paperwork Reduction Act of 1995

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501, et seq.

List of Subjects

22 CFR Part 7

    Board of Appellate Review.

22 CFR Part 50

    Citizenship, Nationality, Loss of Nationality.

Accordingly, the interim rule amending 22 CFR parts 7 and 50 published 
at 73 FR 41256, July 18, 2008 is adopted as final without change.

    Dated: October 7, 2008.
Janice L. Jacobs,
Assistant Secretary of State, Bureau of Consular Affairs, Department of 
[FR Doc. E8-24472 Filed 10-17-08; 8:45 am]