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[Federal Register: April 8, 2009 (Volume 74, Number 66)]
[Rules and Regulations]               
[Page 15844-15845]
From the Federal Register Online via GPO Access []



22 CFR Part 62

[Public Notice: 6566]
RIN 1400-AC48

Exchange Visitor Program--Au Pairs

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: On June 19, 2008, the Department of State published an interim 
final rule to revise existing regulations and thereby permit qualified 
au pairs to participate again in the au pair program after completing a 
period of at least two years of residency outside the United States 
following the end date of his or her initial exchange visitor program. 
The regulations contained in the interim final rule are adopted without 

DATES: The interim rule published at 73 FR 34861, June 19, 2008 is 
adopted as final without change effective April 8, 2009.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Deputy Assistant 
Secretary, Office of Private Sector Exchange, U.S. Department of State, 
SA-44, 301 4th Street, SW., Room 734, Washington, DC 20547; or e-mail 

SUPPLEMENTARY INFORMATION: On June 19, 2008, the Department of State 
published an interim final rule with request for comments whether to 
allow a foreign national who previously participated in the au pair 
program to repeat the program. One comment was received in response to 
the document that had no relevance to the rule. 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.
    For the foregoing reasons, the Department is promulgating the 
interim final rule as a final rule.

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).

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule has been found not to be a major rule within the meaning 
of the

[[Page 15845]]

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 this rule to ensure its consistency with the 
regulatory philosophy and principles set forth in that Executive order.

Executive Order 12988

    The Department has reviewed this final rule in light of sections 
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 Final Rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 

List of Subjects in 22 CFR Part 62

    Cultural exchange programs, Reporting and recordkeeping 


Accordingly the interim rule amending 22 CFR part 62 which was 
published at 73 FR 34861 on June 19, 2008 is adopted as final without 

    Dated: March 30, 2009.
Stanley S. Colvin,
Deputy Assistant Secretary, Office of Private Sector Exchange, Bureau 
of Educational and Cultural Affairs, Department of State.
[FR Doc. E9-7674 Filed 4-7-09; 8:45 am]