[Federal Register Volume 65, Number 123 (Monday, June 26, 2000)]
[Rules and Regulations]
[Pages 39288-39289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16089]


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DEPARTMENT OF STATE

22 CFR Part 51

Public Notice [3341]


Passport Procedures--Amendment to Execution of Passport 
Application Regulation

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

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SUMMARY: This final rule extends from 12 years to 15 years the period, 
following the issue date of the previous passport, in which persons who 
previously have been issued a United States passport may apply for a 
new passport by mail. However, this rule does not change the statutory 
requirement that a person who applies for a United States passport must 
establish United States citizenship and identity.

EFFECTIVE DATE: This rule is effective July 26, 2000 without further 
action.

ADDRESSES: Interested persons are invited to submit comments to: Chief, 
Legal Division, Office of Passport Policy, Planning and Advisory 
Services, 2401 E Street, NW., Room-H917, Washington, DC 20522-0917.

FOR FURTHER INFORMATION CONTACT: Sharon E. Palmer-Royston, Office of 
Passport Policy, Planning and Advisory Services, Bureau of Consular 
Affairs, Department of State (202) 663-2430; telefax (202) 663-2654.

SUPPLEMENTARY INFORMATION:

Background

    The regulation governing the execution of a passport application, 
at section 51.21(a) in Title 22 of the Code of Federal Regulations, 
provides that a person who has not been issued a passport in his or her 
own name within 12 years of the date of a new application shall appear 
in person when applying for a new passport. The personal appearance 
requirement to verify the applicant's identity is consistent with the 
requirement in 22 U.S.C. 212 that the Secretary of State shall issue 
passports only to nationals of the United States, and the mandate in 22 
U.S.C. 2705 that a United States passport issued for a period of full 
validity is proof of United States citizenship and the identity of the 
bearer.
    The existing regulations at 22 CFR 51.21(c) and (d) further clarify 
sec. 51.21(a) by providing that persons who previously have been issued 
a passport, when 18 years of age or older, may obtain a new passport by 
mail, provided that the application for a new passport is submitted 
together with the previous passport not more than 12 years following 
the issue date of the previous passport. The provision to apply by mail 
is pursuant to the authority in 22 U.S.C. 213 that the Secretary of 
State may excuse personal appearance for a passport applicant in 
certain circumstances.
    This final rule amends 22 CFR 51.21(a), (c)(2) and (d)(2) to 
provide that persons who have previously been issued a full validity 
passport may apply for a new passport by mail if the application is 
accompanied by their previous passport not more than 15 years following 
the issue date of the previous passport. The Department has determined 
that during the additional three years, the appearance of the person 
applying for a passport is unlikely to have changed so much as to 
preclude identification. Accordingly, the Department believes it is 
reasonable that during a period of up to 15 years following the issue 
date of the previous passport a person may apply for a new passport by 
mail, provided that proper identification of the applicant can be made 
from the documents and photographs accompanying the application.
    Further, this final rule amends 22 CFR 51.21(c)(1) and (d)(1) to 
provide that the age of the applicant when the most recently issued 
passport was issued is lowered from 18 years of age to 16 years of age. 
This change is required to be consistent with the provisions governing 
the validity of passports in 22 CFR 51.4(b), which was amended on 
February 1, 1998, by lowering the age of eligibility for a passport 
valid for ten years from 18 years of age to 16 years of age.
    Finally, this rule amends 22 CFR 51.80, concerning procedures for 
review of adverse actions, by revising the wording in subsection 
51.80(a) to read more clearly.
    Since the rule makes a benefit available to the class of affected 
persons at a reduced cost, because the fee for a passport obtained by a 
mail application is less than the fee for a passport obtained by an 
application requiring personal appearance, the Department has 
determined that prepublication notice and comment are unnecessary and 
are exempted by 5 U.S.C. 553(b)(B), the ``good cause'' exemption.
    The Department does not consider this rule to be a major rule for 
purposes of E.O. 12291. 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. 605(b). This rule does not impose information 
collection requirements under the provisions of the Paperwork Reduction 
Act, 44 U.S.C., Chapter 35. Nor does the rule have federalism 
implications warranting the application of Executive Order No. 12372 
and No. 13132. This rule is exempt from E.O. 12866, but the Department 
has reviewed the rule to ensure consistency with the objectives of the 
Executive Order, as well as with E.O. 12988, and the Office of 
Management and Budget has determined this rule would not constitute a 
significant regulatory action under E.O. 12866.

List of Subjects in 22 CFR Part 51

    Administrative practice and procedure, Drug traffic control, 
Passports and visas, Reporting and recordkeeping requirements.

    Accordingly, this rule amends 22 CFR chapter I as follows:

PART 51--[AMENDED]

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

    Authority: 22 U.S.C. 211a; 22 U.S.C. 2651a, 2671(d)(3), 2714 and 
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p 570; 
sec. 129, Pub. L. 102-138, 105 Stat. 661; 8 U.S.C. 1504.


    2. In Subpart B, Sec. 51.21 is amended by revising the word 
``twelve'' to read ``fifteen'' in the heading of paragraph (a), by 
revising the number ``12'' to read ``15'' in paragraphs (a), (c)(2) and 
(d)(2), and by revising the number ``18'' to read ``16'' in paragraphs 
(c)(1) and (d)(1).

    3. In Subpart F, Sec. 51.80, is revised to read as follows:


Sec. 51.80  The applicability of Secs. 51.81 through 51.89.

    (a) The provisions of Secs. 51.81 through 51.89 do not apply to any 
action of the Secretary of State taken on an individual basis in 
denying, restricting, revoking or invalidating a passport or in any 
other way adversely affecting the ability of a person to receive or use 
a passport by reason of:

[[Page 39289]]

    (1) Noncitizenship,
    (2) Refusal under the provisions of Sec. 51.70(a)(8),
    (3) Refusal to grant a discretionary exception under the emergency 
or humanitarian relief provisions of Sec. 51.71(c), or
    (4) Refusal to grant a discretionary exception from geographical 
limitations of general applicability.
    (b) The provisions of this subpart shall otherwise constitute the 
administrative remedies provided by the Department to persons who are 
the subjects of adverse action under Secs. 51.70, 51.71 or 51.72.

    Dated: June 2, 2000.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 00-16089 Filed 6-23-00; 8:45 am]
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