[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Rules and Regulations]
[Pages 7285-7286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3534]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 51

[Public Notice 2720]


Passport Procedures--Amendment to Validity of Passports 
Regulation

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

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SUMMARY: This final rule amends regulations to lower the age of 
eligibility for a passport valid for 10 years issued on or after 
February 1, 1998, from 18 years of age to 16 years of age. 
Specifically, the rule establishes the validity period of a regular 
passport issued on or after February 1, 1998 to an applicant 16 years 
of age or older as 10 years from date of issue, and to establish the 
validity of a regular passport issued on or after February 1, 1998 to 
an applicant under the age of 16 years for 5 years from date of issue. 
This is consistent with the Schedule of Fees for Consular Services at 
section 22.1 in Title 22 of the Code of Federal Regulations, as 
effective February 1, 1998.

DATES: Effective February 1, 1998. Comments: Although this rule takes 
effective February 1, 1998, interested persons are invited to submit 
written Comments on or before March 16, 1998.

ADDRESSES: Interested persons are invited to submit comments to: 
Director, Office of Passport Policy and Advisory Services, 1111 19th 
Street, N.W., Suite 260, Washington, D.C. 20524.

FOR FURTHER INFORMATION CONTACT:
Sharon E. Palmer-Royston, Office of Passport Policy and Advisory 
Services, Bureau of Consular Affairs, Department of State (202) 955-
0231.

SUPPLEMENTARY INFORMATION: Section 51.4(b) of the passport regulations 
in Title 22 of the Code of Federal Regulations establishes the period 
of validity of a regular passport. In this regard, section 217a of 
Title 22 in the United States Codes provides that ``[a] passport shall 
be valid for a period of ten years from the date of issue, except that 
the Secretary of State may limit the validity of a passport to a period 
of less than ten years in an individual case or on a general basis 
pursuant to regulation''.
    This final rule would amend the existing regulation of section 
51.4(b) of Title 22 of the Code of Federal Regulations by reducing the 
age of an applicant eligible for a passport valid for 10 years from 18 
years of age to 16 years of age for a passport issued on or after 
February 1, 1998. The change will ensure consistency with changes being 
made effective February 1, 1998, in the Schedule of Fees for Consular 
Services, 22 CFR 22.1, which establishes the fee for a passport in part 
on the basis of whether the applicant is under age 16 or is age 16 or 
over. Under the new Schedule, an applicant age 16 or over will pay the 
fee associated with a ten-year passport. This reflects a decision by 
the Department of State, in connection with revising the fee schedule, 
that applicants ages 16 and 17 should now generally receive passports 
valid for ten years. The Department of State needs to make a 
corresponding change to 22 CFR 51.4(b), which otherwise would appear to 
limit an applicant age 16 or 17 to a five-year passport, even though 
such a person would be expected under the new fee schedule to pay for a 
ten-year passport.
    The rule is not expected to have a significant economic impact on a 
substantial number of small entities and is not a major rule for 
purposes of advance congressional notification under the criteria of 
the Regulatory Flexibility Act. It will not impose information 
collection requirements under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. Chapter 35. It has been reviewed under E.O. 12988 and 
been determined to be in compliance therewith. This rule is exempt from 
review under E.O. 12866 but has been reviewed internally to ensure 
consistency therewith. This rule does not raise federalism issues under 
E.O. 12612.
COMMENT PERIOD AND EFFECTIVE DATE: Exception.
    The new Period of Validity of a Regular Passport will take effect 
February 1, 1998. Pursuant to 5 U.S.C. 553(b) and (d), the Department 
of State has decided to make this rule effective without a prior public 
notice and comment period and not to delay the effective date past 
February 1. Delaying the effective date would result in an 
inconsistency between the provisions governing the period of validity 
of regular passport at section 51.4(b) in Title 22 of the Code of 
Federal Regulations and the changes being made in the Schedule of Fees 
at sections 22.1 of Title 22 of the Code of Federal Regulations insofar 
as it relates to passport fees. Such inconsistency could cause 
confusion regarding the applicable passport fees and passport services, 
provided to applicants who are between 16 years of age and 18 years of 
age. Moreover, it is in the interest of a passport applicant who was 
previously eligible only for a passport valid for 5 years to become 
eligible as soon as possible for a passport with a validity of 10 
years. This change effectively relieves a restriction on passport 
validity with respect to applicants ages 16 and 17. Finally, the 
Schedule of Fees was subject to 30 days notice and comment. The 
Department of State has concluded that advance notice and comment for 
the present rule is unnecessary and contrary to the public interest, 
and that the rule may take effect in less than 30 days from the date of 
publication.

PART 51--PASSPORTS

    1. The authority citation for Part 51 continues to read as follows:

    Authority: 22 U.S.C. 211a, 212, 213, 214, 214a, 216, 217a, 
2671(d); 31 U.S.C. 9701; sec. 129, Pub. L. 102-138, 105 Stat. 661; 
E.O. 11295, 36 FR 10603, 3 CFR, 1966-1970 Comp., p. 570.

    2. Section 51.4(b) is revised to read as follows:


Sec. 51.4  Validity of passports.

* * * * *
    (b) Period of validity of a regular passport.
    (1) A regular passport issued on or after February 1, 1998, to an 
applicant 16 years or age or older is valid for 10 years from date of 
issue unless limited by the Secretary to a shorter period.
    (2) A regular passport issued on or after February 1, 1998 to an 
applicant under the age of 16 years is valid for 5 years from date of 
issue unless limited by the Secretary of State to a shorter period.
    (3) The period of validity of a regular passport issued on or after 
January 1, 1983, and before February 1, 1998, unless limited by the 
Secretary of State to a shorter period is: 10 years from date of issue 
if issued to an applicant age 18 or older; five years from date of 
issue if issued to an applicant under age 18.

[[Page 7286]]

    (4) The period of validity of a regular passport issued prior to 
January 1, 1983, is five years from date of issue.
* * * * *
    Dated: January 29, 1998.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-3534 Filed 2-12-98; 8:45 am]
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