[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Rules and Regulations]
[Pages 20286-20287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07537]


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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 10818]
RIN 1400-AF03


Change to Certification Authority for the Alien Physician 
Category of the Exchange Visitor Program

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State (Department) is changing the 
certification authority for alien physicians from the American Board of 
Medical Specialties (ABMS) to the Accreditation Council for Graduate 
Medical Education (ACGME).

DATES: This rule is effective May 19, 2021.

FOR FURTHER INFORMATION CONTACT: G. Kevin Saba, Director, Office of 
Policy and Program Support, Office of Private Sector Exchange, Bureau 
of Educational and Cultural Affairs, U.S. Department of State, SA-4E, 
2201 C Street NW, Washington, DC 20522; email at [email protected]; 
or, (202) 634-4710.

SUPPLEMENTARY INFORMATION: In 22 CFR 62.27(e)(1) and (e)(4)(i), there 
is a reference to the ``American Board of Medical Specialties'' (ABMS). 
These provisions, last amended in 1993, state that ABMS will perform 
certain certification functions for the Secretary of State.
    ABMS no longer produces the publication, Marquis Who's Who, 
referenced in 22 CFR part 62. Furthermore, ABMS has confirmed that it 
is also no longer the appropriate organization to comment on programs 
of graduate medical education. The Department has confirmed that the 
Accreditation Council for Graduate Medical Education (ACGME) has 
responsibility to accredit and recognize institutions offering programs 
of graduate medical education, and is replacing the reference to the 
ABMS with the ACGME in Sec.  62.27.

[[Page 20287]]

Regulatory Analyses

    The Department of State is publishing this rulemaking as a final 
rule, pursuant to 5 U.S.C. 553(b). This rulemaking is a rule of agency 
organization, procedure, or practice. The effective date of the rule is 
30 days after publication, as provided in the Administrative Procedure 
Act.
    The Department further finds that this is not a major rule; is not 
subject to the Unfunded Mandates Reform Act of 1995; will not have 
tribal implications as defined by Executive Order 13175; and will not 
have an impact on a substantial number of small entities under the 
Regulatory Flexibility Act. This rule is not an economically 
significant rule under Executive Order 12866, and the Department 
certifies that the benefits of this rulemaking outweigh any costs, 
which are minimal for the public. The Office of Information and 
Regulatory Affairs designated this rule as ``non-significant,'' as 
defined by Executive Order 12866.
    The Department of State has reviewed this rule in light of 
Executive Order 12988 to eliminate ambiguity, minimize litigation, 
establish clear legal standards, and reduce burden. This rule will not 
have substantial direct effect on the states, on the relationships 
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 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.
    This rulemaking does not create or modify any collections of 
information subject to the Paperwork Reduction Act.

List of Subjects in 22 CFR Part 62

    Cultural exchange programs, Reporting and recordkeeping 
requirements.

    For the reasons set forth above, the Department of State amends 
part 62 of title 22 of the Code of Federal Regulations as follows:

PART 62--EXCHANGE VISITOR PROGRAM

0
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 et seq.; 22 U.S.C. 2451 et seq.; 22 U.S.C. 2651a; 22 U.S.C. 
6531-6553; Reorganization Plan No. 2 of 1977, 42 FR 62461, 3 CFR, 
1977 Comp. p. 200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 Comp., p. 
168; 8 U.S.C. 1372; section 416 of Pub. L. 107-56, 115 Stat. 354 (8 
U.S.C. 1372 note); and 8 U.S.C. 1761-1762.


0
2. Section 62.27(e)(1) and (e)(4)(i) are revised to read as follows:


Sec.  62.27  Alien physicians.

* * * * *
    (e) * * *
    (1) The duration of an alien physician's participation in a program 
of graduate medical education or training as described in paragraph (b) 
of this section is limited to the time typically required to complete 
such program. Duration shall be determined by the Secretary of State at 
the time of the alien physician's entry into the United States. Such 
determination shall be based on criteria established in coordination 
with the Secretary of Health and Human Services and which take into 
consideration the requirements of the various medical specialty boards 
as set forth by the Accreditation Council for Graduate Medical 
Education (ACGME).
* * * * *
    (4) * * *
    (i) Alien physicians shall be permitted to undertake graduate 
medical education or training in a specialty or subspecialty program 
whose board and/or accreditation requirements are not published if the 
program requirements are certified to the Secretary of State by the 
ACGME in accordance with criteria established by the Educational 
Commission for Foreign Medical Graduates (ECFMG) and ACGME.
* * * * *

Zachary A. Parker,
Director, Office of Directives Management, Department of State.
[FR Doc. 2021-07537 Filed 4-16-21; 8:45 am]
BILLING CODE 4710-05-P