Advance Copy of DOS Final Rule on Exchange Visitor Program for Au Pairs

[BILLING CODE: 4710-05]
22 CFR Part 62
RIN: 1400-AC48
[Public Notice: 6566]
Exchange Visitor Program – Au Pairs
AGENCY: Department of State.
ACTION: Final Rule.
SUMMARY: On June 19, 2008, the Department of State published an interim final rule
to revise existing regulations and thereby permit qualified au pairs to participate again in
the au pair program after completing a period of at least two years of residency outside
the United States following the end date of his or her initial exchange visitor program.
The regulations contained in the interim final rule are adopted without change.
DATES: The interim rule published at 73 FR 34861, June 19, 2008 is adopted as final

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Deputy Assistant
Secretary, Office of Private Sector Exchange, U.S. Department of State, SA-44, 301 4th
Street, SW, Room 734, Washington, DC 20547; or email at
SUPPLEMENTARY INFORMATION: On June 19, 2008, the Department of State
published an interim final rule with request for comments whether to allow a foreign
national who previously participated in the au pair program to repeat the program. One
comment was received in response to the document that had no relevance to the rule.
The Department has determined that an au pair who has successfully completed the au
pair program may repeat program participation provided that he or she has resided
outside the United States for a period of at least two years after the completion of initial
participation in the au pair program (including the educational component requirement)
and is within the regulatory age range for eligibility. An au pair who has previously
participated is likely to be more familiar with the American culture (thereby quickly
overcoming cultural challenges), is a proven successful caretaker, and will be able to
build on the skills previously acquired.

For the foregoing reasons, the Department is promulgating the interim final rule as a
final rule.


Administrative Procedure Act

The Department has determined that this final rule involves a foreign affairs function
of the United States and is consequently exempt from the procedures required by 5
U.S.C. 553, pursuant to 5 U.S.C. 553(a)(1).
Small Business Regulatory Enforcement Fairness Act of 1996
This rule has been found not to be a major rule within the meaning of the Small
Business Regulatory Enforcement Fairness Act of 1996.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Since this rulemaking is exempt from 5 U.S.C. 553, and no other law requires the
Department to give notice of proposed rulemaking, this rulemaking also is not subject to
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Executive Order 13272, section
Executive Order 12866, as amended
The Department of State does not consider this final rule to be a “significant
regulatory action” under Executive Order 12866, as amended, § 3(f), Regulatory
Planning and Review. 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 this rule to ensure its consistency with the regulatory philosophy and principles
set forth in that Executive order.
Executive Order 12988
The Department has reviewed this final rule in light of sections 3(a) and 3(b)(2) of
Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal
standards, and reduce burden.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 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 final rule will not result in any such expenditure, nor will it
significantly or uniquely affect small governments.
Executive Orders 12372 and 13132
This Final Rule 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 § 6 of 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. The regulations implementing Executive
Order 12372 regarding intergovernmental consultation on Federal programs and activities
do not apply to this regulation.
Paperwork Reduction Act
This Final Rule does not impose any new reporting or recordkeeping requirements
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 62
Cultural exchange programs, reporting and recordkeeping requirements.
Accordingly the interim rule amending 22 CFR part 62 which was published at 73 FR
34861 on June 19, 2008 is adopted as final without change.

March 30, 2009.
(Date) Stanley S. Colvin,
Deputy Assistant Secretary,
Office of Private Sector Exchange,
Bureau of Educational and Cultural Affairs,
Department of State.

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