[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Rules and Regulations]
[Pages 15635-15636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1069]



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  Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Rules 
and Regulations  

[[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://a257.g.akamaitech.net/7/257/2422/01jan20071800/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]
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