[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Proposed Rules]
[Pages 8305-8309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3080]


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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice 4993]
RIN 1400-AB93


Electronic Passport

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend the passport regulations to 
incorporate changes required by the electronic passport. The rule would 
define ``electronic passport,'' would include a damaged electronic chip 
as an additional basis for possible invalidation of a passport, would 
abolish the U.S. passport amendment process except for the convenience 
of the U.S. Government, and would enlarge the reasons for issuing a 
replacement passport at no fee. The rule would also add unpaid fees as 
a ground for invalidating a passport.

DATES: The Department will accept comments from the public up to 45 
days from February 18, 2005.

ADDRESSES: Written comments and questions regarding the proposed rule 
should be addressed to: Chief, Legal Division, Office of Passport 
Policy, Planning and Advisory Services, 2100 Pennsylvania Ave., NW., 
3rd Floor, Washington, DC 20037. You may also send comments by e-mail 
to: [email protected].
    Persons with access to the internet may also view this notice and 
provide comments by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm. You must include the Regulatory 
Identification Number (RIN) in the subject line of your message.

FOR FURTHER INFORMATION CONTACT: Sharon Palmer-Royston, Office of 
Passport Policy, Planning and Advisory Services, Bureau of Consular 
Affairs, who may be reached at (202) 663-2662.

SUPPLEMENTARY INFORMATION: Section 1101(a)(30) of Title 8, United 
States Code (U.S.C.), defines a passport as any travel document issued 
by a competent authority showing the bearer's origin, identity and 
nationality, which is valid for the admission of the bearer into a 
foreign country. Acquisition of United States nationality is provided 
for by Title III of the Immigration and Nationality Act of 1952, as 
amended (8 U.S.C. 1401, et seq.), including the acquisition of U.S. 
nationality but not citizenship under 8 U.S.C. 1408 by individuals born 
in an outlying possession of the United States. Section 1185(b) of 
Title 8, U.S.C., requires U.S. citizens to bear a valid U.S. passport 
to enter or depart the United States unless excepted--exceptions are 
provided in 22 CFR 53.2. The Secretary of State has sole authority to 
grant and issue passports, pursuant to 22 U.S.C. 211a. Before a 
passport is issued to any person by or under authority of the United 
States, such person must subscribe to and submit a written application, 
as required by 22 U.S.C. 213. During its period of validity, a passport 
(when issued to a U.S. citizen for the maximum period authorized by 
law) is a document establishing proof of United States citizenship, 
pursuant to 22 U.S.C. 2705. 22 CFR 51.2(b) provides that unless 
authorized by the Department no person shall bear more than one valid 
or potentially valid U.S. passport at any one time.
    The Department plans to introduce an enhanced version of the 
traditional passport, using an embedded electronic chip to digitally 
carry the information printed on the data page, a biometric version of 
the bearer's photo, and coding to prevent any digital data from being 
altered or removed. The contents of the data page of the traditional 
passport have been established for a very long time by international 
usage and by the International Civil Aviation Organization (ICAO). The 
current Machine Readable Passport format has been the international 
standard, used by the United States, since 1982 (ICAO Publication 9303, 
Machine Readable Travel Documents, Part I, Machine Readable Passports, 
Fifth Edition 2003). The first passport using the enhanced, electronic 
passport format is expected to be issued in mid-2005. After that, the 
issuance technology would be sequentially placed into all passport 
agencies, so that, within a year, all new passports would be issued in 
this format. All valid old-style passports would continue to be valid 
until they normally expire unless they were individually invalidated.
    The technology selected for the electronic passport is the 64 
kilobyte contactless integrated circuit chip with an antenna. The 
electronic chip itself has a very short read distance, approximately 
four inches. This choice is compatible with standards and 
recommendations of ICAO. The standards and recommendations are found in 
ICAO Publication 9303, Machine Readable Travel Documents, Part 1, 
Machine Readable Passports, Fifth Edition 2003; and in the 
recommendations found in Technical Reports and an Annex supplementing 
that publication relating to the technology supporting the use of 
electronic chips in travel documents. Specifically, the three Technical 
Reports are ``Development of a Logical Data Structure--LDS for Optimal 
Capacity Expansion Technologies,'' Revision 1.7, May 18, 2004; 
``Development and Specification of Globally Interoperable Biometric 
Standards for Machine Assisted Identity Confirmation Using Machine 
Readable Travel Documents,'' Version 2.0, May 21, 2004; ``PKI for 
Machine Readable Travel Documents Offering ICC Read-only Access,'' 
Version 1.1, October 1, 2004. The Annex is ``Use of Contactless 
Integrated Circuits in Machine Readable Travel Documents,'' Version 
4.0, May 5, 2004.
    The electronic chip will carry the information on the data page of 
the passport plus a biometric identifier to enhance the ability to 
identify the bearer. The biometric chosen for the initial version of 
the U.S. electronic passport is the facial image, one of three 
biometrics currently identified by the International Civil Aviation 
Organization (ICAO) as suitable for inclusion in international travel 
documents, although the facial image was mandatory. Under the proposed 
rule, border inspectors would compare the passport bearer with the 
digital facial image stored on the electronic chip. ICAO also 
recognizes fingerprints and iris scans as acceptable biometrics. As 
biometric technology is rapidly advancing, the inclusion of facial 
image data in U.S. passports is considered a first step in ensuring 
that an effective biometric system is incorporated into the U.S. 
passport system.
    Using an embedded electronic chip in the passport to store the 
information from the passport data page will enhance the security of 
the document and is expected to benefit travelers by improving the 
ability of border officials to verify personal identities. The 
Department plans to use this format because of the enhanced security 
features and improved port of entry performance provided by the 
electronic chip technology.
    The Department considers the inclusion of biometric identifiers in 
international travel documents, made

[[Page 8306]]

possible by electronic chip technology, to be a critical step in 
upgrading border security for the United States. The biometric 
identifier contained in the electronic passport is a digitized 
photograph of the bearer that will be able to be used with 
internationally interoperable facial recognition technology. The 
Department of Homeland Security will begin to implement reader 
technology through pilot programs by the end of the year. It is 
imperative that the Department enhance the ability to confirm that the 
bearer of a passport is the person to whom the passport was issued. 
This confirmation at ports of entry helps to prevent misuse of the U.S. 
passport by individuals who are terrorists, criminals, or others who 
present a security risk.
    To verify that the data written on the electronic chip has not been 
tampered with, the Department proposes to employ digital signatures 
compliant with the ICAO Public Key Infrastructure (PKI) technology. In 
order to ensure that the data contained in the electronic chip matches 
the data printed in the physical book, electronic chip technology 
requires that the data on the electronic chip be written only once and 
not changed. Because the electronic chip technology selected may not be 
amended once written, United States passports would no longer be 
amended. Instead of amending passports when personal or administrative 
information changes, the passport would be replaced. If a bearer's 
personal information changes and the bearer makes a request within one 
year of original issuance, the replacement would be provided without 
payment of a fee. As described below, the discontinuation of amendments 
would be effective for all passports on the effective date of this 
rule. However, for the convenience of the U.S. Government, in rare 
cases such as travel under escort, when a person is returning to the 
United States and would no longer be entitled to a U.S. passport after 
return, the validity period could be manually limited and this 
limitation would be reflected on a later page.
    Under the proposed rule, the passport's electronic chip would 
duplicate the data that appears on the visible data page of the 
passport: the bearer's name, date of birth and place of birth, the 
passport number, the dates of issuance and expiration, the issuing 
authority, the document type, the passport application reference 
number, and the photo in digitized format. It would also contain a 
unique chip identification number. Upon issuance, a series of numbers, 
called a digital signature, is stored on the chip, adding a major 
security improvement to the passport. The digital signature prevents 
anyone from changing the stored data. The stored information will be 
read at ports of entry around the world equipped with compatible 
readers. When activated by the port of entry reader, the electronic 
chip responds to the query by providing the stored information.
    Recent press stories about the use of this technology have noted 
that the information will not be ``encrypted'' and mention the concern 
about identity theft by unauthorized persons through either skimming 
(the surreptitious reading of the electronic information without the 
holder's knowledge) or eavesdropping (intercepting information from the 
electronic chip while it is being read at an official port of entry 
station). The United States does not intend to encrypt the data for the 
following reasons: the personal data stored on the passport's 
electronic chip consists simply of the information traditionally and 
visibly displayed on the passport data page; encrypted data takes 
longer to read, increasing port of entry processing time; and in order 
to be globally interoperable, encryption would require a higher level 
of technology and more complicated technical coordination with other 
nations.
    Although surreptitiously activating the electronic chip remotely 
and then reading the return signal amid ambient electronic noise is 
considered technically very difficult, the Department is taking 
measures to prevent skimming of the unencrypted data. By the time the 
first electronic passport is issued, the Department intends to place an 
anti-skimming feature in the passport.
    Eavesdropping can only occur while the electronic chip is being 
read using a specially designed reader furnished with the proper public 
key. Eavesdropping is difficult to achieve, however, in a secured port 
of entry environment. In such an environment, the equipment needed to 
eavesdrop would be obvious and detectable to authorities managing the 
port of entry. The State Department will work vigorously with other 
governments to encourage them to eliminate the threat of eavesdropping 
by requiring all chip readers to be electronically shielded to prevent 
signals from being transmitted beyond the reader.
    Under the proposed rule, a passport that contains a damaged, 
defective, or otherwise nonfunctioning electronic chip or with 
observable wear and tear that render it unfit for further use as a 
travel document may be invalidated by the Department of State. While an 
electronic passport with a nonfunctioning electronic chip may continue 
to be used if the data page is not damaged, it would nonetheless lack 
the ability to be read by chip readers at ports of entry and would not 
reflect the security features inherent in the electronic chip 
technology. If the damage were caused deliberately, the passport would 
be invalidated upon discovery. Individuals whose passports contain 
failed electronic chips may choose to obtain a replacement passport for 
the balance of the original validity period by applying presenting the 
passport, and new photos; or they may apply for a new full validity 
passport by applying presenting the passport, new photos and applicable 
fees.

Defining the Electronic Passport

    Section 51.1 of Title 22, Code of Federal Regulations (CFR) defines 
the terms used in part 51. This rule would amend Sec.  51.1 by adding a 
new paragraph (j) providing that an electronic passport is a passport 
containing an electronically readable device, a chip, encoded with the 
bearer's personal information contained on the data page, a digitized 
version of the bearer's photograph, a unique chip number and a digital 
signature to protect the integrity of the electronically readable 
information.

Damaged, Defective or Otherwise Nonfunctioning Electronic Chip

    Section 51.6 of Title 22, Code of Federal Regulations (CFR), 
governs the validity of damaged United States passports. This rule 
would amend Sec.  51.6 by adding new language providing that a damaged, 
defective, or otherwise nonfunctioning electronic chip may be grounds 
for invalidating a United States passport. A passport with an intact 
data page but a nonfunctioning electronic chip would still be used as a 
travel document. However, detected attempts to alter chip data or to 
substitute a different electronic chip would result in invalidation.

Passport Amendments and Extensions Discontinued

    In order to protect the security of the electronic passport, the 
passport data page and the electronic chip would contain the same 
information. When important information contained in a passport, as for 
example, the bearer's name or the passport validity period, is changed, 
instead of manually amending the passport to reflect the new 
information, the passport would be cancelled and a new passport would 
be issued. This is necessary because the

[[Page 8307]]

electronic chip may not be changed once written. Issuance of a new 
passport would ensure that the data page and the chip information would 
continue to be identical. However, for the convenience of the U.S. 
Government, the validity period of a passport may be amended in a small 
number of cases where it would be impossible or inadvisable to issue a 
new passport.
    In addition, valid old-style passports would be treated in the same 
way, and starting on the effective date of this regulation, they also 
would no longer be amended. While this change will impose an additional 
cost for some individuals who seek a new passport to reflect a change 
in personal data, it would improve the value of the passport as an 
identity document and increase passport security by confining all 
personal data to the data page. Discontinuing passport amendments would 
improve port of entry efficiency for both the passport bearer and port 
of entry officers by simplifying the comparison of the bearer's 
identity to the passport document.
    The Department encourages Americans to keep their U.S. passports up 
to date as a document of identity. Doing so will help prevent 
unexpected problems that may occur when the identity shown on their 
passport does not match other identity materials. To encourage 
individuals to maintain passports that accurately reflect their current 
identities and to alleviate some of the cost burden, an individual 
whose personal information has changed within the first year of 
validity of a new passport would be able to return the passport, along 
with a completed application, new photos and proof of the personal 
information change for replacement with a new full validity passport at 
no additional cost.
    Sections 51.4, 51.20, 51.32, and 51.66, and the title of Subpart E 
of Title 22, Code of Federal Regulations (CFR) refer to or govern the 
procedure whereby United States passports are amended and extended. 
This rule would delete all references to the amendment or extension of 
U.S. passports.

Application for Replacement Passport

    Pursuant to Title 22 of the United States Code, Section 211a et 
seq. and E.O. 11295, 31 FR 10603 (Aug. 5, 1966), the Secretary has 
broad authority to issue regulations governing the issuance of 
passports. There is no statutory requirement to permit amendments to 
passports, as opposed to requiring that a new passport be issued when 
personal, or other, information changes. The Secretary has in the past 
exercised regulatory discretion to permit amendments. The current 
regulations in Sec.  51.20 of Title 22, Code of Federal Regulations 
(CFR) require that an application for a passport or for an amendment of 
a passport shall be completed upon such forms as prescribed by the 
Department. An applicant for a passport amendment uses a specified 
application form. This rule would delete, in the first sentence of 
Sec.  51.20, the words ``an amendment,'' to reflect the decision to 
discontinue amendments.
    Section 51.64 of Title 22, Code of Federal Regulations (CFR) sets 
out the requirements for replacement of a passport at no cost. This 
rule would add new categories of such passports. To encourage 
individuals to maintain a passport that accurately reflects their 
identity, the rule would provide that individuals who have changed 
their name and apply for a replacement passport within one year of the 
original issuance may be issued a replacement passport at no cost. This 
rule would also allow issuance at no cost of a replacement passport, 
for the balance of its period of validity, for one whose passport is 
needed by law enforcement or the judiciary for evidentiary purposes. A 
passport whose electronic chip has failed could be replaced at no cost 
by a passport issued for the balance of the original validity period.
    Nearly all passports applied for abroad, except one-year limited 
validity emergency passports, are printed in the United States. At the 
time of application, all applicable fees are collected. This amendment 
would reflect that those who have been issued a one-year validity 
passport abroad because of emergency travel may apply for a full 
validity replacement passport within one year of the issuance of the 
limited passport for no additional cost.

New Ground for Invalidating a Passport

    Under the proposed rule, if full payment of all applicable passport 
fees is not presented, as for example when a check is returned or a 
credit card charge is disputed after delivery of a passport, the 
Department, in addition to taking action to collect the delinquent fees 
under 22 CFR part 34 and the Federal Claims Collection Act, could also 
send the delinquent bearer a letter to the bearer's last available 
address notifying him or her that the passport has been invalidated 
because the applicable fees have not been received. An invalidated 
passport cannot be used for travel. This proposed rule would add unpaid 
fees as a ground for invalidating a passport.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule, with a 
45-day provision for public comments. The Department is providing for a 
shorter period than the 60 days suggested by Section 6(a) of E.O. 12866 
because we believe 45 days will provide the public with a meaningful 
opportunity to comment while advancing important national security and 
foreign policy goals. In order to protect the security of U.S. borders, 
it is essential that the Department get the electronic passport program 
up and running as soon as possible. In addition, a prompt launch of the 
program will increase our credibility and good will with visa waiver 
program countries, who under U.S. law are required to implement similar 
biometric passport programs.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    These proposed 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. 601-612, and Executive Order 13272, section 3(b).

The Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed rule is not a major rule, as defined by 5 U.S.C. 804, 
for purposes of congressional review of agency rulemaking under the 
Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 
104-121. This rule would not result in an annual effect on the economy 
of $100 million or more; a major increase in costs or prices; or 
adverse effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based companies to compete 
with foreign based companies in domestic and export markets.

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 48, 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 rule would 
not result in any such expenditure nor would it significantly or 
uniquely affect small governments.

[[Page 8308]]

Executive Orders 12372 and 13132: Federalism

    This regulation would not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Nor would the rule have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.

Executive Order 12866: Regulatory Review

    The Department of State has reviewed this proposed rule to ensure 
its consistency with the regulatory philosophy and principles set forth 
in Executive Order 12866 and has determined that the benefits of the 
proposed regulation justify its costs. The Department does not consider 
the proposed rule to be an economically significant regulatory action 
within the scope of section 3(f)(1) of the Executive Order since it is 
not likely to have an annual effect on the economy of $100 million or 
more or to adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. However, the proposed rule does have important policy 
implications and involves a critical component of upgrading border 
security for the United States. Accordingly, it has been provided to 
the Office of Management and Budget (OMB) for review, along with the 
related Paperwork Reduction Act submissions described below.
    By eliminating amendments to passports except for the convenience 
of the U.S. Government, the proposed regulation would impose additional 
costs on persons who, under the existing regulations, could obtain 
amendments (such as name changes, corrections in identifying data, or 
extensions of limited validity periods), at no charge (except for 
postage, expediting fees and special return postage). An individual 
whose name has changed or whose personal data is incorrectly reflected 
on the passport would be able to obtain a replacement passport within 
one year of the passport's issuance at no charge (except for postage, 
expediting fees and special return postage) but would incur the 
additional expense of new passport photographs for the replacement 
passport. The estimated average cost for photographs is $11 per set, 
and the Department estimates that there will be 20,000 applicants for 
no charge replacement passports each year. Thus, the Department 
estimates that the added cost burden on those eligible to seek 
replacement passports without charge would be $220,000 annually.
    Under the proposed regulation, a person who sought to have his or 
her passport amended more than one year after the date of passport 
issuance would have to apply for a new passport and incur the costs of 
photographs ($11 estimated average cost), the passport processing fee 
($55 for a full validity 10-year passport, $40 for a passport valid for 
five years for persons under 16 years of age), the execution fee if not 
eligible to apply by mail ($30) and a new security surcharge ($12), for 
a per person additional cost, depending on fee applicability, of 
between $63-108. The security surcharge was authorized by the 
Consolidated Appropriations Act, 2005 (Public Law 108-447, Division B, 
Title IV, Diplomatic and Consular Programs appropriation), which set 
the amount at $12. The surcharge will be separately implemented through 
an amendment to the Department of State's Schedule of Fees for Consular 
Services, which is expected to be published shortly under RIN 1400-
AB94.) The Department estimates that 180,000 individuals who would have 
been able to obtain no-cost amendments under the existing regulations 
will apply for new passports annually and incur such costs under the 
proposed regulation. We arrived at the estimate by subtracting 30,000 
uses of Department of State Form DS-19 (U.S. Passport Amendment/
Validation Application, OMB Information Collection 1405-0007) for the 
addition of visa pages from the total of approximately 230,000 uses of 
Form DS-19 in FY 2004. We also subtracted the estimated 20,000 
applications for no-charge passports based on name changes or incorrect 
personal information changes within the first year of validity, as 
described above. The remaining 180,000 would be applying for fee 
passports. Multiplying 180,000 applications by the maximum $108 
additional per person cost results in an estimated cost burden of 
$19,440,000. Because not every applicant would incur the maximum 
additional per person cost (some are children and others are adults who 
could apply by mail without incurring an execution fee), we believe 
that this figure exceeds the actual cost burden that will be imposed.
    The electronic chip is designed to be very durable. If an 
electronic chip fails, the bearer may apply for a no cost replacement 
passport issued for the balance of the original validity period. 
However, given the durability of the chip and the fact that an 
electronic passport with a nonfunctioning chip may continue to be used 
if the data page is not damaged, we do not anticipate receiving many 
such applications. Accordingly, we anticipate that the economic effect 
would be minimal.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

The Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulation. The Department of State has determined that this proposal 
contains collection of information requirements for the purposes of the 
PRA. In conjunction with the proposed rule, the Department has 
submitted to OMB its request for emergency review of four information 
collections, which are the subject of separate Federal Register notices 
and requests for public comment.
    Two of the four collections involve existing forms that are 
scheduled for PRA renewal in 2005. The Department proposes to revise 
and update the instructions associated with existing information 
collections number 1405-0004 (DS-11, Application for a U.S. Passport) 
and 1405-0020 (DS-82, Application for a U.S. Passport by Mail). Among 
other changes, the revisions would notify applicants that a passport 
may be invalidated for lack of payment of the requisite fees.
    The Department has also submitted for OMB review two new 
collections of information. One of the new collections would introduce 
a new form, DS-5504 (U.S. Passport Re-Application Form), to permit 
application for a replacement full-validity passport within one year of 
passport issuance based on a change of name, incorrect data, or the 
emergency issuance abroad of a one-year full-fee passport. The other 
new collection (DS-4085, Application for Additional Visa Pages) would 
replace existing information collection number 1405-0007, which relates 
to Form DS-19. Form DS-19 is currently used to apply for amendment of a 
U.S. passport or request issuance of extra visa pages. Because passport 
amendments no longer would be made under the proposed rule, Form DS-19 
would be discontinued. In its place, Form DS-

[[Page 8309]]

4085 would be introduced solely to enable holders of a valid U.S. 
passport to request that extra visa pages be added to the passport.

List of Subjects in 22 CFR Part 51

    Administrative practice and procedure, Drug traffic control, 
Passports and visas.

    Accordingly, for the reasons set forth in the preamble, 22 CFR 
chapter I would be amended as follows:

PART 51--PASSPORTS

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

    Authority: 22 U.S.C. 211a, 213, 2651a, 2671(d)(3), 2714 and 
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p 570; 
sec. 236, Public Law 106-113, 113 Stat. 1501A-430; 18 U.S.C. 
1621(a)(2).

    2. Section 51.1 is amended to add a new paragraph (j) to read as 
follows:


Sec.  51.1  Definitions.

* * * * *
    (j) Electronic passport means a passport containing an 
electronically readable device, an electronic chip encoded with the 
bearer's personal information printed on the data page, a digitized 
version of the bearer's photograph, a unique chip number, and a digital 
signature to protect the integrity of the stored information. 
Additional biometric information that may be required in the future 
will be the subject of a separate Federal rulemaking process.
    3. In Sec.  51.4, paragraph (f) is revised and a new paragraph 
(h)(3) is added to read as follows:


Sec.  51.4  Validity of passports.

* * * * *
    (f) Limitation of validity. The validity period of a passport may 
be limited by the Secretary to less than the normal validity period. 
The bearer of a limited passport may apply for a new passport, using 
the proper application, and submitting the limited passport, applicable 
fees, photos and additional documentation, if required, to support the 
issuance of a new passport.
* * * * *
    (h) * * *
    (3) The Department has sent a written notice to the bearer at the 
bearer's last known address that the passport has been invalidated 
because the Department has not received the applicable fees.
    4. Section 51.6 is revised to read as follows:


Sec.  51.6  Damaged, mutilated or altered passport.

    Any passport which has been materially changed in physical 
appearance or composition, or contains a damaged, defective or 
otherwise nonfunctioning electronic chip, or which includes 
unauthorized changes, obliterations, entries or photographs, or has 
observable wear and tear that renders it unfit for further use as a 
travel document may be invalidated.
    5. The first sentence of Sec.  51.20 is revised to read as follows:


Sec.  51.20  General.

    An application for a passport, a replacement passport, extra visa 
pages, or other passport related service shall be completed upon such 
forms as may be prescribed by the Department. * * *
    6. Section 51.32 is revised to read as follows:


Sec.  51.32  Passport amendments.

    Except for the convenience of the U.S. Government, no passport book 
will be amended.
    7. Section 51.64 is revised to read as follows:


Sec.  51.64  Replacement passports.

    A passport issuing office may issue a replacement passport for the 
following reasons without payment of applicable fees:
    (a) To correct an error or rectify a mistake of the Department.
    (b) When the bearer has changed his or her name or other personal 
identifier listed on the data page of the passport, and applies for a 
replacement passport within one year of the date of the passport's 
original issuance.
    (c) When the bearer of an emergency full fee passport issued for a 
limited validity period applies for a full validity passport within one 
year of the date of the passport's original issuance.
    (d) When a passport is retained by law enforcement or the judiciary 
for evidentiary purposes and the bearer is still eligible to have a 
passport.
    (e) When a passport is issued to replace a passport with a failed 
electronic chip for the balance of the original validity period.
    8. Section 51.66, paragraph (a) is revised to read as follows:


Sec.  51.66  Expedited passport processing.

    (a) Within the United States, an applicant for a passport service 
(including issuance, replacement or the addition of visa pages) may 
request expedited processing by a Passport Agency. All requests by 
applicants for in-person services at a Passport Agency shall be 
considered requests for expedited processing, unless the Department has 
determined that the applicant is required to apply at a Passport 
Agency.
* * * * *
    9. The title of part 51, subpart E is revised to read as follows:
* * * * *

Subpart E--Limitations on Issuance or Use of Passports

* * * * *

    Dated: February 10, 2005.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 05-3080 Filed 2-17-05; 8:45 am]
BILLING CODE 4710-06-P