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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47829
IV. Environmental Impact barley betafiber and reduced risk of Dated: August 7, 2008.
The agency has determined under 21 CHD that are not identical to those Jeffrey Shuren,
CFR 25.32(p) that this action is of a type required by this final rule, this Associate Commissioner for Policy and
preemptive effect is consistent with Planning.
that does not individually or
cumulatively have a significant effect on what Congress set forth in section 403A [FR Doc. E818863 Filed 81408; 8:45 am]
the human environment. Therefore, of the act. Section 403A(a)(5) of the act BILLING CODE 416001S
neither an environmental assessment displaces both State legislative
nor an environmental impact statement requirements and State common law
is required. duties (Riegel v. Medtronic, 128 S. Ct. DEPARTMENT OF STATE
999 (2008)).
V. Paperwork Reduction Act 22 CFR Part 94
FDA believes that the preemptive
FDA concludes that the labeling effect of this final rule is consistent with [Public Notice: 6320]
provisions of this final rule are not
Executive Order 13132. Section 4(e) of
subject to review by the Office of RIN 1400AC45
the Executive order provides that ``when
Management and Budget because they
an agency proposes to act through Procedures for Children Abducted to
do not constitute a ``collection of
information'' under the Paperwork adjudication or rulemaking to preempt the United States; Interim Final Rule
Reduction Act of 1995 (44 U.S.C. 3501 State law, the agency shall provide all
affected State and local officials notice AGENCY: Department of State.
3520). Rather, the food labeling health
claim on the association between and an opportunity for appropriate ACTION:Interim final rule with request
consumption of barley betafiber and participation in the proceedings.'' On for comments.
reduced risk of coronary heart disease is December 12, 2007, FDA's Division of
SUMMARY: This interim final rule
a ``public disclosure of information Federal and State Relations provided
amends regulations regarding incoming
originally supplied by the Federal notice via fax and e-mail transmission to parental abduction cases pursuant to the
Government to the recipient for the State health commissioners, State Hague Convention on the Civil Aspects
purpose of disclosure to the public'' (5 agriculture commissioners, food of International Child Abduction.
CFR 1320.3(c)(2)). program directors, and drug program Incoming cases will be processed by the
directors, as well as FDA field United States Central Authority (USCA),
VI. Federalism
personnel, of FDA's intent to amend the the Office of Children's Issues in the
FDA has analyzed this final rule in health claim regulation authorizing Bureau of Consular Affairs within the
accordance with the principles set forth health claims for soluble fiber from U.S. Department of State or an entity
in Executive Order 13132. FDA has certain foods and CHD (§ 101.81). designated by the USCA.
determined that the rule will have a
preemptive effect on State law. Section In addition, the agency sought input DATES: This rule is effective August 15,
4(a) of the Executive order requires from all stakeholders through 2008.
agencies to ``construe * * * a Federal publication of the IFR in the Federal The Department will accept written
statute to preempt State law only where Register on February 25, 2008. FDA comments from the public through
the statute contains an express received one comment from the September 15, 2008.
preemption provision or there is some Commonwealth of Kentucky, which ADDRESSES: You may submit comments,
other clear evidence that the Congress noted that FDA's ruling on the health identified by RIN 1400AC45, by either
intended preemption of State law, or claim would not adversely affect the of the following methods:
where the exercise of State authority State's actions or conflict with any State · Electronic comments: Submit
conflicts with the exercise of Federal laws. through the Federal eRulemaking Portal;
authority under the Federal statute.'' http://www.regulations.gov. Follow the
In conclusion, the agency believes
Section 403A of the act (21 U.S.C. 343 instructions for submitting comments.
that it has complied with all of the
1) is an express preemption provision. · Mail: Address all written
applicable requirements of Executive submissions to Corrin M. Ferber, CA/
Section 403A(a)(5) of the act provides Order 13132 and has determined that
that ``* * * no State or political OCS/PRI, U.S. Department of State,
the preemptive effects of this rule are 2100 Pennsylvania Ave., NW., 4th
subdivision of a State may directly or
consistent with the Executive order. Floor, Washington, DC 20037, fax 202
indirectly establish under any authority
or continue in effect as to any food in List of Subjects in 21 CFR Part 101 7369111.
interstate commerce--* * * any Instructions: Please submit one copy
requirement respecting any claim of the Food labeling, Nutrition, Reporting of your comments by only one method.
type described in section 403(r)(1) made and recordkeeping requirements. All submissions must include the
in the label or labeling of food that is agency name and Regulatory
I Therefore, under the Federal Food,
not identical to the requirement of Information Number (RIN) identification
Drug, and Cosmetic Act and under above for this rulemaking.
section 403(r). * * *'' authority delegated to the Commissioner
On February 25, 2008, FDA published FOR FURTHER INFORMATION CONTACT:
of Food and Drugs, 21 CFR part 101 is
an IFR which imposed requirements Corrin M. Ferber, CA/OCS/PRI, U.S.
amended as follows:
under section 403(r) of the act. This Department of State, Room 4039, 2201
final rule affirms the February 25, 2008, PART 101--FOOD LABELING C Street, NW., Washington, DC 20520;
amendment to the existing food labeling telephone: (202) 7369172 (this is not a
sroberts on PROD1PC70 with PROPOSALS
regulations to add barley betafiber to the toll free number). Hearing-or speech-
I Accordingly, the interim final rule
authorized health claim for soluble fiber impaired persons may use the
amending § 101.81 that was published
from certain foods and CHD. Although Telecommunications Devices for the
this rule has a preemptive effect in that in the Federal Register of February 25, Deaf (TDD) by contacting the Federal
it precludes States from issuing any 2008 (73 FR 9938), is adopted as a final Information Relay Service at 1800
health claim labeling requirements for rule, without change. 8778339.
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47830 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations
SUPPLEMENTARY INFORMATION: Since Prevention and NCMEC such that CI the Paperwork Reduction Act, 44 U.S.C.
1988, the Department of State has would resume the case officer functions. chapter 35. Nor does this rule have
served as the United States Central This change reflects the expansion of federalism implications warranting the
Authority (USCA) under the Hague CI's capacity to manage the full range of preparation of a Federalism Assessment
Convention on the Civil Aspects of case officer functions for incoming in accordance with E.O. 12612. This
International Child Abduction (Hague Hague abduction cases. During the past rule has been reviewed as required by
Convention). The Office of Children's 12 years, CI has significantly increased E.O. 12988 and certified to be in
Issues (CI) in the Department's Bureau its capacity to carry out casework, compliance therewith.
of Consular Affairs serves as the primary including its ability to liaise with other
point of contact for abduction cases and federal agencies; federal, state and local Regulatory Findings
is responsible for processing all Hague law enforcement; domestic and foreign The Department is publishing this
Convention applications seeking the social service agencies, non- rule as an interim final rule, with 60
return of children wrongfully removed governmental organizations; legal aid days for post-promulgation public
or retained in the United States from organizations; and local bar comments, in accordance with the
any other Hague Convention contracting associations. The Office of the Inspector exemption contained in 5 U.S.C.
state. In addition, CI is responsible for General (OIG) noted in its 2005 report 553(a)(2) for matters relating to agency
facilitating access rights under the that case officers exhibit the necessary management or personnel. The transfer
Hague Convention. In FY 2007, CI combination of tact, empathy, and of responsibility over incoming Hague
processed approximately 575 cases professionalism required to do this Convention cases back to the Office of
involving 821 children who were work. Further, it noted that the ability Children's Issues at the Department of
reported abducted from or retained and commitment of the caseworkers was State primarily affects internal workload
outside the United States in other Hague evident and well supported by the distribution and management of the
contracting countries. Another 355 cases management team within CI. The USCA functions.
involving 518 children who were findings of the OIG indicate that CI has
developed the necessary tools to manage Regulatory Flexibility Act/Executive
reported abducted to or retained in the
incoming casework since entering into Order 13272: Small Business
United States from other Hague
contracting countries were also its initial agreement with NCMEC in Since this action is exempt from
processed in FY 2007 (Hague incoming 1995. This development, coupled with notice and comment procedures
cases). CI's desire to provide consistent, contained in 5 U.S.C. 553, and no other
The processing of incoming Hague efficient services to parents, and an statute mandates such procedures, no
Convention applications requires case interest in maintaining clear analysis under the Regulatory
officers to communicate with foreign communications with foreign Central Flexibility Act (5 U.S.C. 601 et seq.) is
Central Authorities about incoming Authorities, makes this an appropriate required. However, these changes to the
cases, to determine the whereabouts of time for CI to resume responsibility for regulations are not expected to have a
children wrongfully taken to the United handling incoming Hague Convention significant impact on a substantial
States, to attempt to promote the cases, or, alternatively, to select an number of small entities under the
voluntary return of abducted children, entity to assist in the carrying out of criteria of the Regulatory Flexibility Act,
and to facilitate the initiation of judicial these functions. 5 U.S.C. 601612, and Executive Order
proceedings with a view toward The Department of State is publishing 13272, section 3(b).
securing the return of abducted this as an interim final rule, rather than
as a notice of proposed rulemaking as The Small Business Regulatory
children. Many of the case officer
functions involve extensive contact with allowed by 5 U.S.C. 553(b)(3)(B) when Enforcement Fairness Act of 1996
local law enforcement officials, social an agency determines, for good cause, This interim final rule is not a major
service agencies, legal aid organizations that it is unnecessary to publish a rule, as defined by 5 U.S.C. 804, for
and local bar associations. proposed rule. The Department of State purposes of congressional review of
22 CFR part 94 is being amended to has determined that publication of a agency rulemaking under the Small
reflect the fact that CI will resume case proposed rule is unnecessary, as the Business Regulatory Enforcement
officer functions for Hague Convention transfer of responsibility over incoming Fairness Act of 1996, Public Law 104
cases where a child has been abducted Hague Convention cases back to CI 121. This rule will not result in an
to or retained in the United States, or primarily affects internal workload annual effect on the economy of $100
will select an entity to assist the Central distribution and management of the million or more; a major increase in
Authority to carry out these obligations. USCA functions. This rule minimally costs or prices; or significant adverse
Since 1996, these functions have been modifies the regulation to allow the effects on competition, employment,
carried out by the National Center for USCA to have the discretion to investment, productivity, innovation, or
Missing and Exploited Children determine whether to execute Central the ability of the United States-based
(NCMEC). See 61 FR 7069 (Feb. 26, Authority functions itself, or to select an companies to compete with foreign-
1996); 60 FR 66073 (Dec. 21, 1995). CI entity to assist the Central Authority to based companies in domestic and
continued to perform the remaining carry out its obligations. export markets.
USCA functions during this time and This rule is exempt from E.O. 12866,
retained ultimate responsibility for all but nonetheless has been reviewed and The Unfunded Mandates Reform Act of
incoming cases, and all inherently found to be consistent with the 1995
governmental functions, including objectives and policies thereof. This rule Section 202 of the Unfunded
matters of Hague Convention is not expected to have a significant Mandates Reform Act of 1995 (UFMA),
sroberts on PROD1PC70 with PROPOSALS
interpretation and policy direction. In impact on a substantial number of small Public Law 1044, 109 Stat. 64, 2 U.S.
March 2008, in an effort to reintegrate entities under the criteria of the C. 1532, generally requires agencies to
these various USCA functions, CI Regulatory Flexibility Act, 5 U.S.C. prepare a statement before proposing or
significantly modified its agreement 605(b). In addition, this rule would not adopting any rule that may result in an
with the Department of Justice's Office impose information collection annual expenditure of $100 million or
of Juvenile Justice and Delinquency requirements under the provisions of more (adjusted annually for inflation) by
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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Rules and Regulations 47831
state, local, or tribal governments, or by Authority: Hague Convention on the Civil FOR FURTHER INFORMATION CONTACT:
the private sector. This rule will not Aspects of International Child Abduction; Catherine B. Klion, Manager, Regulatory
result in any such expenditure nor will International Child Abduction Remedies Act, and Policy Division, Legislative and
it significantly or uniquely affect small Public Law 100300. Regulatory Department, Pension Benefit
governments. I 2. Section 94.6 is amended by revising Guaranty Corporation, 1200 K Street,
the introductory text and revising NW., Washington, DC 20005, 202326
Executive Orders 12372 and 13132: paragraph (a) and paragraph (l) to read 4024. (TTY/TDD users may call the
Federalism as follows: Federal relay service toll-free at 1800
This rule does not have federalism § 94.6 Procedures for children abducted to 8778339 and ask to be connected to
implications warranting the application the United States. 2023264024.)
of Executive Orders No. 12372 and No. The U.S. Central Authority, or an SUPPLEMENTARY INFORMATION: The
13132. It will not have substantial direct entity acting at its direction, shall PBGC's regulations prescribe actuarial
effects on the States, on the relationship perform the following operational assumptions--including interest
between the national government and functions with respect to all Hague assumptions--for valuing and paying
the States, or on the distribution of Convention applications seeking the plan benefits of terminating single-
power and responsibilities among the return of children wrongfully removed employer plans covered by title IV of
various levels of government. to or retained in the United States or the Employee Retirement Income
Executive Order 12866: Regulatory seeking access to children in the United Security Act of 1974. The interest
Review States: assumptions are intended to reflect
(a) Receive all applications seeking current conditions in the financial and
The Department of State does not return of children wrongfully retained annuity markets.
consider this interim final rule to be a in the United States or seeking access to Three sets of interest assumptions are
``significant regulatory action'' under children in the United States; prescribed: (1) A set for the valuation of
Executive Order 12866, section 3(f), benefits for allocation purposes under
Regulatory Planning and Review. In * * * * *
(l) Perform such additional functions section 4044 (found in Appendix B to
addition, the Department is generally Part 4044), (2) a set for the PBGC to use
exempt from Executive Order 12866 as determined by the U.S. Central
Authority, deemed advisable to to determine whether a benefit is
except to the extent that it is payable as a lump sum and to determine
promulgating regulations in conjunction maintain U.S. treaty compliance with
the Hague Convention on the Civil lump-sum amounts to be paid by the
with a domestic agency that are PBGC (found in Appendix B to Part
significant regulatory actions. The Aspects of International Child
Abduction. 4022), and (3) a set for private-sector
Department has nevertheless reviewed pension practitioners to refer to if they
the regulation to ensure its consistency Dated: July 23, 2008.
wish to use lump-sum interest rates
with the regulatory philosophy and Janice Jacobs, determined using the PBGC's historical
principles set forth in that Executive Assistant Secretary of State for Consular methodology (found in appendix C to
Order. Affairs, Department of State. part 4022).
[FR Doc. E818961 Filed 81408; 8:45 am] This amendment (1) adds to appendix
Executive Order 12988: Civil Justice
Reform BILLING CODE 471006P B to part 4044 the interest assumptions
for valuing benefits for allocation
The Department has reviewed the purposes in plans with valuation dates
regulations in light of sections 3 (a) and PENSION BENEFIT GUARANTY during September 2008, (2) adds to
3 (b)(2) of Executive Order No. 12988 to CORPORATION appendix B to part 4022 the interest
eliminate ambiguity, minimize assumptions for the PBGC to use for its
litigation, establish clear legal 29 CFR Parts 4022 and 4044 own lump-sum payments in plans with
standards, and reduce burden. valuation dates during September 2008,
Benefits Payable in Terminated Single-
The Paperwork Reduction Act of 1995 and (3) adds to appendix C to part 4022
Employer Plans; Allocation of Assets
the interest assumptions for private-
Under the Paperwork Reduction Act in Single-Employer Plans; Interest
sector pension practitioners to refer to if
of 1995 (PRA), 44 U.S.C. 3501, et seq., Assumptions for Valuing and Paying
they wish to use lump-sum interest rates
Federal agencies must obtain approval Benefits
determined using the PBGC's historical
from OMB for most collections of
AGENCY: Pension Benefit Guaranty methodology for valuation dates during
information they conduct, sponsor, or
Corporation. September 2008.
require through regulation. The
ACTION: Final rule. For valuation of benefits for allocation
Department of State has determined that
purposes, the interest assumptions that
this rule does not require new collection SUMMARY: The Pension Benefit Guaranty the PBGC will use (set forth in appendix
of information for purposes of the PRA. Corporation's regulations on Benefits B to part 4044) will be 6.24 percent for
List of Subjects in 22 CFR Part 94 Payable in Terminated Single-Employer the first 20 years following the valuation
Plans and Allocation of Assets in date and 5.31 percent thereafter. These
Infants and children, Reporting and
Single-Employer Plans prescribe interest interest assumptions represent an
recordkeeping requirements, Treaties.
assumptions for valuing and paying increase (from those in effect for August
I For the reasons set forth in the benefits under terminating single- 2008) of 0.19 percent for the first 20
preamble, 22 CFR part 94 is revised to employer plans. This final rule amends years following the valuation date and
sroberts on PROD1PC70 with PROPOSALS
read as follows: the regulations to adopt interest 0.19 percent for all years thereafter.
assumptions for plans with valuation The interest assumptions that the
PART 94--INTERNATIONAL CHILD
dates in September 2008. Interest PBGC will use for its own lump-sum
ABDUCTION
assumptions are also published on the payments (set forth in appendix B to
I 1. The authority citation for part 94 PBGC's Web site (http://www.pbgc.gov). part 4022) will be 3.50 percent for the
continues to read as follows: DATES: Effective September 1, 2008. period during which a benefit is in pay
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