Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Rules and Regulations 32989 

DEPARTMENT OF STATE 

22 CFR Part 42 

[Public Notice 8345] 

RIN 1400–AC86 

Visas: Documentation of Immigrants 

under the Immigration and Nationality 

Act, as Amended 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

Department of State’s regulations 

relating to adoptions in countries party 

to the Hague Convention on the 

Protection of Children and Co-operation 

in Respect of Intercountry Adoption to 

include a new adoption provision from 

the International Adoption 

Simplification Act. The legislation 

provides for sibling adoption to include 

certain children who are under the age 

of 18 at the time the petition for 

immediate relative is filed on their 

behalf, and also certain children who 

attained the age of 18 on or after April 

1, 2008 and who are the beneficiaries of 

a petition filed on or before November 

30, 2012. 

DATES: This rule iseffective June 3, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Taylor W. Beaumont, Legislation and 

Regulations Division, Legal Affairs, 

Office of Visa Services, Bureau of 

Consular Affairs, Department of State, 

2401 E Street NW., Room L–603D, 

Washington, DC 20520–0106, (202) 663– 

2951, email (BeaumontTW@state.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

As used in this public notice, the term 

‘‘Convention’’ means The Hague 

Convention on Protection of Children 

and Co-operation in Respect of 

Intercountry Adoption; the term 

‘‘Convention country’’ means a country 

that is a party to the Convention and 

with which the Convention is in force 

for the United States; and the term 

‘‘IASA’’ means the International 

Adoption Simplification Act, Public 

Law 111–287 (2010). 

On November 30, 2010, the President 

signed the IASA, modifying the 

Immigration and Nationality Act (INA) 

regarding adoptions from Convention 

countries. Among other changes, the 

IASA creates a new section in INA 

section 101(b)(1)(G)(iii) under which 

U.S. citizens may file an immediate 

relative petition for a child younger than 

18 from a Convention country, provided 

that the child is the natural sibling of a 

child concurrently or already adopted or 

being brought to the United States for 

adoption under INA section 

101(b)(1)(E)(i), (F)(i), or (G)(i). To be 

eligible under INA section 

101(b)(1)(G)(iii), a child must be 

adopted abroad, or be coming to the 

United States for adoption, by the 

adoptive parent(s) or prospective 

adoptive parent(s) of his/her natural 

sibling. In addition, the child must be 

otherwise qualified as a Convention 

adoptee under INA section 

101(b)(1)(G)(i), except that the child is 

under 18 years of age rather than under 

16 years of age (which would be 

required for classification under INA 

section 101(b)(1)(G)(i)). 

The IASA also contains an exception 

at section 4(b) that necessitates a 

revision of the Department regulation 

published in 22 CFR 42.24. Under that 

section, an alien older than 18 years of 

age nonetheless may be classified as a 

child under INA section 101(b)(1)(G)(iii) 

if he or she turned 18 years of age on 

or after April 1, 2008 and his or her 

immediate relative petition is filed no 

later than November 30, 2012. As 

currently written, the Department’s 

regulations pertaining to INA section 

101(b)(1)(G) exclusively cover those 

children whose adoptions will be 

governed by the Convention. Although 

aliens qualified under section 4(b) of the 

IASA will be emigrating from a 

Convention country, the Convention 

only governs the adoption of children 

under the age of 18. This rule is 

necessary to change Department 

regulations to cover aliens properly 

qualified under section 4(b) of the IASA. 

Discussion of Comments on the 

Proposed Rule 

The Department of State published an 

interim final rule on November 1, 2011, 

with a 30-day comment period that 

expired on December 1, 2011 (76 FR 

67361). In response, the Department 

received one comment relative to the 

proposed rule that supported the 

changes proposed in this rulemaking as 

an effort to reunite siblings and families 

that may be separated as a result of 

intercountry adoptions. 

Summary of the Final Regulation 

This final rule establishes new 

procedures that consular officers will 

follow in allowing U.S. parents to file an 

immediate relative petition for a child 

who is younger than 18 years of age (or 

who attained the age of 18 on or after 

April 1, 2008 if the petition is filed for 

such child on or before November 30, 

2012) who is the natural sibling of a 

child already adopted by the same U.S. 

citizen parent. The Department 

published an interim final rule on 

November 1, 2011 and, after reviewing 

the comment, is issuing the rule as final 

with one change that clarifies which 

foreign government authority may be 

considered as the ‘‘competent 

authority’’ in IASA adoptions for 

purposes of INA section 

101(b)(1)(G)(i)(V)(aa). 

Regulatory Findings 

A. Administrative Procedure Act 

In accordance with provisions of the 

Administrative Procedure Act governing 

rules promulgated by federal agencies 

that affect the public (5 U.S.C. 553), the 

Department published a proposed rule 

and invited public comment. 

B. Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Consistent with section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), the Department certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

regulates individual aliens who seek 

immigrant visas and does not affect any 

small entities, as defined in 5 U.S.C. 

601(6). 

C. The Unfunded Mandates Reform Act 

of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4, 109 Stat. 48, 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 rule would not 

result in any such expenditure, nor 

would it significantly or uniquely affect 

small governments. 

D. The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

would 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 foreignbased companies in domestic and 

export markets. 

E. Executive Order 12866 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ within the scope of 

section 3(f)(1) of Executive Order 12866. 


tkelley on DSK3SPTVN1PROD with RULES
32990 Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Rules and Regulations 

Nonetheless, the Department has 

reviewed the rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

the Executive Order. 

F. Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563 and affirms that 

this regulation is consistent with the 

guidance therein. 

G. 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 the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders 

12372 and 13132. 

H. Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulations 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 burden. 

I. Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not pre-empt tribal law. 

Accordingly, the requirements of 

Executive Order 13175 does not apply 

to this rulemaking. 

J. Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 

List of Subjects in 22 CFR Part 42 

Aliens, Foreign officials, Immigration, 

Passports and visas. 

Accordingly, for the reasons set forth 

in the preamble, the interim rule 

published November 1, 2011, at 76 FR 

67363, is adopted as final with the 

following change: 

PART 42—VISAS: DOCUMENTATION 

OF IMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for section 42 

is amended to read as follows: 

Authority: 8 U.S.C. 1104 and 1182; Pub. L. 

105–277; Pub. L. 108–449; 112 Stat. 2681– 

795 through 2681–801; The Convention on 

Protection of Children and Co-operation in 

Respect of Intercountry Adoption (done at 

the Hague, May 29, 1993), S. Treaty Doc. 

105–51 (1998), 1870 U.N.T.S. 167 (Reg. No. 

31922 (1993)); The Intercountry Adoption 

Act of 2000, 42 U.S.C. 14901–14954, Pub. L. 

106–279; The International Adoption 

Simplification Act, Pub. L. 111–287; 8 U.S.C. 

1101, 124 Stat. 3058. 

■ 2. Section 42.24 is amended by 

revising paragraph (n)(2) to read as 

follows: 

§ 42.24 Adoption under the Hague 

Convention on Protection of Children and 

Co-operation in Respect of Intercountry 

Adoption and the Intercountry Adoption Act 

of 2000. 

* * * * * 

(n) * * * 

(2) For any alien described in 

paragraph (n)(1) of this section, the 

‘‘competent authority’’ referred to in 

INA section 101(b)(1)(G)(i)(V)(aa) is a 

court or governmental agency of a 

foreign country of origin having 

jurisdiction and authority to make 

decisions in matters of child welfare, 

including adoption. If the competent 

authority over matters of child welfare 

no longer has jurisdiction or authority 

over the alien due to his or her age, then 

the passport issuing authority of the 

country of origin may be considered the 

competent authority for the purposes of 

INA section 101(b)(1)(G)(i)(V)(aa). 

Dated: May 2, 2013. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2013–13065 Filed 5–31–13; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket No. USCG–2011–0551] 

Special Local Regulation and Safety 

Zone; America’s Cup Sailing Events, 

San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; notice of 

calendar availability. 

SUMMARY: The Coast Guard announces 

the availability of the 2013 program 

calendar for the on-water activities 

associated with the ‘‘Louis Vuitton Cup, 

Red Bull Youth America’s Cup and the 

34th America’s Cup’’ regatta scheduled 

from July 4th to September 23rd, 2013 

on the waters of San Francisco Bay 

adjacent to the City of San Francisco 

waterfront in the vicinity of the Golden 

Gate Bridge and Alcatraz Island. 

DATES: Effective June 3, 2013. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0551 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0551 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Commander Aaron Lubrano, 

Coast Guard Sector San Francisco, U.S. 

Coast Guard; telephone (415) 399–3446, 

email Aaron.C.Lubrano@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Barbara 

Hairston, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The Coast Guard, on July 17, 2012, 

published a special local regulation and 

a safety zone for the sailing regattas 

being conducted on the waters of San 

Francisco Bay associated with the 34th 

America’s Cup sailing events taking 

place adjacent to the City of San 

Francisco waterfront in the vicinity of 

the Golden Gate Bridge and Alcatraz 

Island. (77 FR 41902) The special local 

regulation and safety zone regulate the 

on-water activities associated with the 

‘‘Louis Vuitton Cup, Red Bull Youth 

America’s Cup and the 34th America’s 

Cup’’ regatta scheduled for July 4th to 

September 23rd, 2013, which will 

temporarily restrict vessel traffic in a 

portion of the San Francisco Bay, 

prohibit vessels not participating in the 

America’s Cup sailing events from 

entering the designated race area, and 

create a temporary safety zone around 

racing vessels. 

This document announces the 

availability of the 2013 program 

calendar referenced in the rulemaking 

published in association with the 

‘‘Louis Vuitton Cup, Red Bull Youth 

America’s Cup and the 34th America’s 

Cup’’ regattas. This program lists the 

scheduled race dates that the rule will 

be enforced for the event programming. 

This document is issued under the 

authority of 5 U.S.C. 552(a), 33 U.S.C. 

1233, and 33 CFR 1.05–1. 


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