Cite as "AILA InfoNet Doc. No. 08102161 (posted Oct. 21, 2008)"
[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
22 CFR Parts 7 and 50
[Public Notice: 6398]
Board of Appellate Review; Review of Loss of Nationality
AGENCY: State Department.
ACTION: Final rule.
SUMMARY: This rule eliminates the Department's Board of Appellate
Review (L/BAR), which had been authorized to review certain Department
determinations, in particular those related to loss of citizenship and
passport denials. Because L/BAR's jurisdiction has been superseded or
made obsolete, and in large part replaced by review of loss of
citizenship and passport matters by the Bureau of Consular Affairs,
this rule eliminates L/BAR and authorizes on a discretionary basis an
alternative, less cumbersome review of loss of nationality
determinations by the Bureau of Consular Affairs.
DATES: This rule is effective October 20, 2008.
FOR FURTHER INFORMATION CONTACT: Monica A. Gaw, Office of Policy Review
and InterAgency Liaison, Overseas Citizens Services, who may be reached
at (202) 736-9110, e-mail GAWMA@state.gov.
SUPPLEMENTARY INFORMATION: The Department published an interim final
rule, Public Notice 6298 at 73 FR 41256 (July 18, 2008), with 60 days
for post-promulgation comment, amending 22 CFR by removing the
regulations in Part
7 that established the Board of Appellate Review (L/BAR) and revising
Sec. 50.51 to provide for an alternative method of review of loss of
nationality determinations on a discretionary basis.
The rule was discussed in detail in Public Notice 6298, as were the
Department's reasons for making the changes to the regulations. There
were no comments to the interim final rule published July 18, 2008. The
Department is now promulgating a final rule with no changes.
Administrative Procedure Act
The Department published this rule as an interim final rule on July
18, 2008, with 60 days for post-promulgation comment, in accordance
with the exemption contained in 5 U.S.C. 553(a)(2) for matters relating
to agency management or personnel.
Regulatory Flexibility Act
Since this action is exempt from the notice and comment procedures
contained in 5 U.S.C. 553, and no other statute mandates such
procedures, no analysis under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) is required. However, these changes to the regulations are
hereby certified as 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. 601-612, and Executive Order
13272, section 3(b).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will 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 foreign-
based companies in domestic and import markets.
Executive Order 12866
The Department does not consider this rule to be a ``significant
regulatory action'' within the scope of section 3(f)(1) of Executive
Order 12866. 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 the regulation to
ensure its consistency with the regulatory philosophy and principles
set forth in that Executive Order.
Executive Order 12988--Civil Justice Reform
The Department has reviewed this regulation 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
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 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
significant federalism implications warranting the application of
Executive Orders No. 12372 and No. 13132.
National Environmental Policy Act
The Department has analyzed this regulation for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 through 4327)
and has determined that it will not have any effect on the quality of
The Paperwork Reduction Act of 1995
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act of 1995, 44 U.S.C.
3501, et seq.
List of Subjects
22 CFR Part 7
Board of Appellate Review.
22 CFR Part 50
Citizenship, Nationality, Loss of Nationality.
Accordingly, the interim rule amending 22 CFR parts 7 and 50 published
at 73 FR 41256, July 18, 2008 is adopted as final without change.
Dated: October 7, 2008.
Janice L. Jacobs,
Assistant Secretary of State, Bureau of Consular Affairs, Department of State.
[FR Doc. E8-24472 Filed 10-17-08; 8:45 am]
BILLING CODE 4710-06-P