Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66073

List of Subjects in 20 CFR Parts 366 and

367

Railroad employees, Railroad

retirement, Railroad unemployment

insurance.

For the reasons set out in the

preamble, parts 366 and 367 of title 20,

chapter II of the Code of Federal

Regulations are amended as follows:

PART 366—COLLECTION OF DEBTS

BY FEDERAL TAX REFUND OFFSET

1. The authority citation for part 366

continues to read as follows:

Authority: 45 U.S.C. 231f(b)(5); 31 U.S.C.

3720A.

§ 366.1 [Amended]

2. Section 366.1 is amended by

removing the word ‘‘individuals’’ and

adding in its place the word ‘‘debtors’’.

3. Section 366.2 is amended by

revising the introductory text, and

paragraphs (a), (b), (e), and (f) to read as

follows:

§ 366.2 Past-due legally enforceable debt.

A past-due legally enforceable debt

which may be referred to the Internal

Revenue Service is a debt:

(a) Which arose under any statute

administered by the Board or under any

contract;

(b) Which is an obligation of a debtor

who is a natural person or a business;

* * * * *

(e) With respect to which the rights

regarding reconsideration, waiver, and

appeal, described in part 260 or 320 of

this chapter or in other law, if

applicable, have been exhausted;

(f) With respect to which either:

(1) The Board’s records do not contain

evidence that the debtor (or, if an

individual, his or her spouse) has filed

for bankruptcy under Title 11 of the

United States Code; or

(2) The Board can clearly establish at

the time of the referral that the

automatic stay under section 362 of the

Bankruptcy Code has been lifted or is no

longer in effect with respect to the

debtor (or, if an individual, his or her

spouse) and the debt was not discharged

in the bankruptcy proceeding;

* * * * *

§ 366.2 [Amended]

3. Section 366.2(j) is amended by

removing the word ‘‘individual’’ and

adding in its place the word ‘‘debtor’’.

4. Section 366.2(k) is amended by

removing the word ‘‘individual’’ and

adding in its place the word ‘‘debtor’’.

§ 366.6 [Amended]

5. Section 366.6(c) is amended by

removing the words ‘‘individual owing

the debt’’ and adding in their place the

word ‘‘debtor’’.

PART 367—RECOVERY OF DEBTS

OWED TO THE UNITED STATES

GOVERNMENT BY ADMINISTRATIVE

OFFSET

6. The authority citation for part 367

continues to read as follows:

Authority: 45 U.S.C. 231f(b)(5); 31 U.S.C.

3716.

7. Section 367.2 is amended by

revising the introductory text and

paragraphs (a), (b), (e), and (f) to read as

follows:

§ 367.2 Past-due legally enforceable debt.

A past-due legally enforceable debt

which may be referred to another

governmental agency for administrative

offset is a debt:

(a) Which arose under any statute

administered by the Board or under any

contract;

(b) Which is an obligation of a debtor

who is a natural person or a business;

* * * * *

(e) With respect to which the rights

described in part 260 or 320 of this

chapter or the applicable law regarding

reconsideration, waiver, and appeal, if

applicable, have been exhausted;

(f) With respect to which either:

(1) The Board’s records do not contain

evidence that the debtor (or, if an

individual, his or her spouse) has filed

for bankruptcy under Title 11 of the

United States Code; or

(2) The Board can clearly establish at

the time of the referral that the

automatic stay under section 362 of the

Bankruptcy Code has been lifted or is no

longer in effect with respect to the

debtor (or, if an individual, his or her

spouse) and the debt was not discharged

in the bankruptcy proceeding;

* * * * *

§ 367.2 [Amended]

8. Section 367.2(i) is amended by

removing the word ‘‘individual’’ and

adding in its place the word ‘‘debtor’’,

and by removing the words ‘‘that

person’’ and adding in their place the

words ‘‘the debtor’’;

9. Section 367.2(j) is amended by

removing the words ‘‘such individual’’

and adding in their place the words ‘‘the

debtor’’;

§ 367.7 [Amended]

10. Section 367.7(c) is amended by

removing the words ‘‘individual owing

the debt’’ and adding in their place the

word ‘‘debtor’’.

Dated: December 13, 1995.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95–30999 Filed 12–20–95; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF STATE

Bureau of Consular Affairs, Overseas

Citizens Services

22 CFR Part 94

[Public Notice 2290]

International Child Abduction

AGENCY: Department of State.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends

regulations regarding incoming parental

abduction cases pursuant to the Hague

Convention on the Civil Aspects of

International Child Abduction.

Incoming cases will be processed by a

non-governmental organization with

oversight by the Department of State.

DATES: Effective Date: December 21,

1995. Comments are due on or before

January 22, 1995.

ADDRESSES: Interested persons are

invited to submit comments in

duplicate to the Director of the Office of

Children’s Issues, Bureau of Consular

Affairs, Room 4811, U.S. Department of

State, Washington, DC 20520; fax: 202–

647–2835.

FOR FURTHER INFORMATION CONTACT:

Leslie Rowe, Director of the Office of

Children’s Issues, Room 4811, U.S.

Department of State, Washington, D.C.

20520. tele: 202–647–2688.

SUPPLEMENTARY INFORMATION: Since

1988, the Bureau of Consular Affairs has

served as the U.S. Central Authority

under the Hague Convention on the

Civil Aspects of International Child

Abduction. As U.S. Central Authority,

the Office of Children’s Issues is

responsible for processing all Hague

Convention applications seeking the

return of children wrongfully removed

or retained in the United States or any

other Hague Convention contracting

state. In addition, the U.S. Central

Authority is responsible for facilitating

access rights under the Convention. The

Office of Children’s Issues processes

approximately 700 Hague Convention

applications annually; roughly 300 of

these cases are incoming cases, i.e.,

applications for the return of a child

wrongfully removed to or retained in

the United States.

The processing of incoming Hague

applications requires case officers to
66074 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

communicate with foreign Central

Authorities about incoming cases, to

determine the whereabouts of children

wrongfully taken to the United States, to

attempt to promote voluntary return of

abducted children, and to facilitate the

initiation of judicial proceedings with a

view toward securing the return of

abducted children. Many of the case

officer functions involve extensive

contact with local law enforcement

officials, social service agencies, legal

aid organizations and local bar

associations.

The Office of Children’s Issues has

recently entered into an agreement with

the Department of Justice’s Office of

Juvenile Justice and Delinquency

Prevention, and the National Center for

Missing and Exploited Children

(National Center). Under this agreement,

the National Center will assist the U.S.

Central Authority in fulfilling its

responsibilities under the Hague

Convention.

The National Center, a nongovernmental organization, is a national

resource center and clearinghouse that

provides technical assistance to parents

seeking to locate and recover children

missing in the United States. For more

than ten years, the National Center has

been performing case management and

analysis functions for domestic

abductions; it handles more than 1,200

parental child abduction cases annually.

By agreement with the Department of

Justice, the National Center provides

legal technical assistance, maintains a

toll-free hotline as well as an online

information network, and operates a

photo distribution service.

Transferring specified case officer

functions to the National Center with

respect to incoming Hague Convention

cases will result in the provision of

better service to parents seeking the

return of children under the

Convention. Parents will benefit from

the National Center’s expertise in

finding missing children and liaising

with contacts in the local law

enforcement and social services

communities.

This transfer of case officer functions

to the National Center will not in any

way alter the role of the State

Department as U.S. Central Authority

under the Hague Convention. The Office

of Children Issues will continue as the

U.S. Central Authority under the

Convention and will retain ultimate

responsibility for all incoming cases.

Under the agreement, all inherently

governmental functions, including

matters of Hague Convention

interpretation and policy direction are

to be carried out by the Department of

State. Congressional and White House

correspondence as well as media

relations will continue to be handled by

the Office of Children’s Issues.

The Department of State is publishing

this as an interim final rule, rather than

as a notice of proposed rulemaking as

allowed by 5 U.S.C. 553(b)(3)(B) when

an agency determines, for good cause,

that it is unnecessary to publish a

proposed rule. The Department of State

has determined that publication of a

proposed rule is unnecessary, as the

transfer of responsibility over incoming

Hague Convention cases to the National

Center primarily affects workload

distribution and management of U.S.

Central Authority functions. The

Department of State’s Office of

Children’s Issues will continue to

perform all inherently governmental

functions of the U.S. Central Authority.

This rule is exempt from E.O. 12866,

but nonetheless has been reviewed and

found to be consistent with the

objectives and policies thereof. This rule

is 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.

605(b). In addition, this rule would not

impose information collection

requirements under the provisions of

the Paperwork Reduction. Act, 44 U.S.C.

Chapter 35. Nor does this rule have

federalism implications warranting the

preparation of a Federalism Assessment

in accordance with E.O. 12612. This

rule has been reviewed as required by

E.O. 12778 and certified to be in

compliance therewith.

List of Subjects in 22 CFR Part 94

Infants and children, reporting and

recordkeeping requirements, Treaties.

For the reasons set forth in the

preamble, 22 CFR 94 is amended as

follows:

PART 94—INTERNATIONAL CHILD

ABDUCTION

1. The authority citation for part 94

continues to read as follows:

Authority: Hague Convention on the Civil

Aspects of International Child Abduction;

International Child Abduction Remedies Act,

Pub. L. 100–300.

2. Section 94.6 is amended by revising

the introductory text and paragraph (1),

removing paragraph (k), redesignating

paragraphs (a) through (j) as paragraphs

(b) through (k), and adding a new

paragraph (a) to read as follows:

§ 94.6 Procedures for children abducted to

the United States.

The National Center for Missing and

Exploited Children shall act under the

direction of the U.S. Central Authority

and shall perform the following

operational functions with respect to all

Hague Convention applications seeking

the return of children wrongfully

removed to or retained in the United

States or seeking access to children in

the United States:

(a) Receive all applications on behalf

of the U.S. Central Authority;

* * * * *

(l) Perform such additional functions

as set out in the ‘‘Cooperative

Agreement Adjustment Notice’’ between

the Department of State, Department of

Justice, and National Center for Missing

and Exploited Children.

Dated: November 3, 1995.

Mary A. Ryan,

Assistant Secretary of State for Consular

Affairs.

[FR Doc. 95–31106 Filed 12–20–95; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

Federal Highway Administration

23 CFR Part 1208

[NHTSA Docket No. 85–12; Notice 4]

RIN 2127–AF95

National Minimum Drinking Age

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Federal Highway Administration

(FHWA), Department of Transportation

(DOT).

ACTION: Final Rule.

SUMMARY: This final rule amends Part

1208 of title 23 of the Code of Federal

Regulations (CFR). Part 1208 prescribes

the requirements necessary to

implement 23 U.S.C. 158, which

established the National Minimum

Drinking Age Act. This final rule is

amending Part 1208 by removing

outdated and obsolete provisions from

that regulation.

EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT: In

NHTSA: Mr. James Wright, Office of

Traffic Safety Programs, National

Highway Traffic Safety Administration,

400 7th Street, S.W., Washington, D.C.

20590, telephone (202) 366–2724; or Ms.

Heidi L. Coleman, Office of Chief

Counsel, Room 5219, National Highway

Traffic Safety Administration, 400

Seventh Street, S.W., Washington, D.C.

20590, telephone (202) 366–1834. In

FHWA: Ms. Mila Plosky, Office of

Highway Safety, Federal Highway