[Federal Register: November 29, 2007 (Volume 72, Number 229)]
[Rules and Regulations]              
[Page 67576-67577]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no07-8]                        


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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 5998]


Exchange Visitor Programs--Sanctions and Terminations

AGENCY: Department of State.

ACTION: Final rule; withdrawal.

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SUMMARY: On November 2, 2007, the State Department published in the
Federal Register a final rule entitled Exchange Visitor Programs--
Sanctions and Terminations. The Department amended its regulations to
add to and modify the existing actions for which the Department may
sanction a sponsor. The change in the regulations will streamline the
review process to offer sanctioned sponsors the procedural due process
rights equal to those that the Administrative Procedure Act guarantees.
In addition, the Rule eliminated summary suspension and modifies
program suspension to halt the activities of a sponsor that has
committed a serious act of omission or commission which has or could
have the effect of endangering the health, safety, or welfare of an
exchange visitor, or damage the national security interests of the
United States. This rule is being withdrawn because it was submitted to
OMB for formal significance designation; however, it was published
prior to that determination being made. Since OMB's designation was
that it is significant and they would like to formally review it, OMB
has requested the rule to be withdrawn in its entirety.

DATES: The final rule published at 72 FR 62112, November 2, 2007, is
withdrawn effective November 29, 2007.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of
Exchange Coordination and Designation, U.S. Department of State, SA-44,
301 4th Street, SW., Room 734, Washington, DC 20547, (202) 203-7415; or
e-mail at jexchanges@state.gov.

SUPPLEMENTARY INFORMATION:

Background

    On November 2, 2007, the State Department published a final rule
(Amendment No. 212 (72 FR 62112)). The rule, to have become effective
December 3, 2007, was intended to revise its regulations presently set
forth at 22 CFR part 62 subpart D (Sanctions) and 22 CFR part 62
subpart E (Termination and Revocation of Programs). The rule, to have
become effective December 3, 2007, was intended to modify the reasons
for which sanctions may be imposed and provide for program termination
in the case of failure to file an annual management audit, in program
categories requiring such audits. The rule would also provide for
termination or denial of redesignation for an entire class of
designated programs, if the Department determines that they compromise
the national security of the United States, or no longer further the
public diplomacy mission of the Department.

Reason for Withdrawal

    This rule was submitted to OMB for formal significance designation;
however, it was published prior to that determination being made. Since
OMB's designation was that it is significant and

[[Page 67577]]

they would like to formally review it, OMB has requested the rule to be
withdrawn in its entirety.
    Accordingly, the Department withdraws the rule ``Exchange Visitor
Programs--Sanctions and Terminations'' published at 72 FR 62112 on
November 2, 2007.
    Withdrawal of the rule does not preclude the Department from
issuing another rule on the subject matter in the future or committing
the agency to any future course of action.

    Issued in Washington, DC, on November 26, 2007.
Thelma J. Furlong,
Acting Deputy Assistant Secretary for A/ISS/DIR, Department of State.
[FR Doc. E7-23172 Filed 11-28-07; 8:45 am]
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