[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Rules and Regulations]
[Pages 53922-53925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18108]


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DEPARTMENT OF STATE

22 CFR Part 51

RIN 1400-AC11

[Public Notice: 5186]


New Passport Amendment Policy

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule amends the passport regulations to abolish the U.S. 
passport amendment process, except for the convenience of the U.S. 
Government, and broadens the reasons for issuing a replacement passport 
at no additional cost to the applicant. The rule also adds unpaid fees 
as a ground for invalidating a passport.

DATES: This rule will become effective on September 26, 2005.

FOR FURTHER INFORMATION CONTACT: Sharon Palmer-Royston, Office of 
Passport Policy, Planning and Advisory Services, Bureau of Consular 
Affairs, telephone 202-663-2662.

SUPPLEMENTARY INFORMATION:

Analysis of Comments

    The proposed rule was published on February 18, 2005. Comments were 
accepted from the public for 45 days. We received only 2 comments in 
response to the portion of the proposed rule that we are now publishing 
in final. Neither comment objected to the proposed change in the 
amendment process. Rather, both comments asked for greater detail as to 
how the new procedures will work. The process is discussed below. The 
comments are available for review at http://www.travel.state.gov, under 
the passport section, or at the State Department reading room.

Rule Change

    This rule was originally published in the Federal Register on 
February 18,

[[Page 53923]]

2005 (70 FR 8305), as a proposed rule entitled ``Electronic Passport'' 
(RIN 1400-AB93) that included changes to the passport regulations 
needed due to the pending introduction of the electronic passport. This 
final rule separates the portions of the proposed regulation on 
passport amendments, replacement passports and unpaid fees from the 
portions of the proposed regulation that related exclusively to 
electronic passports. We separated them because a large volume of 
comments were received with respect to the introduction of the sections 
of the rule relating exclusively to the electronic passport, which the 
Department needs time to consider carefully. We do not believe, 
however, that there is any need to delay making the changes in passport 
amendment policy and the rules for invalidation of a passport planned 
in the proposed rule. In addition to deleting the portions of the 
proposed regulations relating exclusively to the electronic passport, 
the final rule includes a few minor changes in wording, but does not 
alter the substance of the proposed rule.

Regulatory Changes

Passport Amendments and Extensions Discontinued

    By this rule, the Department discontinues the general practice of 
amending passports to correct or change data elements relating to the 
bearer or to the passport's validity period. This will improve document 
security by presenting all personal information only on one page, the 
passport data page. Moreover, in the future, the Department plans to 
issue U.S. passports with an electronic chip as an additional security 
feature. Once programmed, the chip cannot be edited. In order to 
protect the security of the electronic passport, the passport data page 
and the electronic chip would contain the same information.
    Under this rule, when important information contained on the data 
page of a passport, 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 Department will cancel the passport 
and issue a replacement. Issuance of a replacement will mean that the 
data page will reflect the correct personal information of the passport 
bearer and the correct validity period, and, in the case of an 
electronic passport, that the information will be identical to the 
information on the electronic chip. However, the rule reserves the 
possibility of amending a passport for the convenience of the U.S. 
Government in a small number of cases where it would be impossible or 
inadvisable to issue a replacement, such as when a passport must be 
limited in validity for direct return to the United States.

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 Section 51.20 of Title 22, Code of Federal Regulations 
(CFR) requires 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 will delete, in the first sentence of 
section 51.20, the words ``an amendment,'' to reflect the decision to 
discontinue amendments.
    Section 51.64 of Title 22, CFR sets out the requirements for 
replacement of a passport at no cost. This rule will add new categories 
of such passports. The Department encourages U.S. citizens 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 names and to alleviate some of the cost burden, an 
individual whose name has changed, as for example, through marriage or 
by court order, within the first year of validity of a new passport 
will be able to return the passport, along with a completed 
application, new photographs and proof of the personal information 
change for replacement with a full validity passport at no additional 
cost. This rule will also allow issuance at no cost of a replacement 
passport, for the balance of its period of validity, of a passport 
needed by law enforcement or the judiciary for evidentiary purposes.
    Nearly all passports applied for abroad, except limited validity 
emergency passports, are printed in the United States. Applicants for 
limited validity emergency passports must pay the fees that are charged 
for a full-validity passport. This amendment provides that those who 
have been issued a one-year validity passport for 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 this 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 issuance 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, may 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.

Administrative Procedure Act

    The Department is publishing this rule as a final rule, after 
publishing a proposed rule, allowing a 45-day provision for public 
comments, and consideration of all comments received. The Department 
provided for a shorter comment period than the 60 days suggested by 
Section 6(a) of E.O. 12866 because we believed 45 days would 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 put the no amendment policy into effect as soon as possible.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    These final 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 final 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 will 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

[[Page 53924]]

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 will 
not result in any such expenditure nor will it significantly or 
uniquely affect small governments.

Executive Orders 12372 and 13132: Federalism

    This regulation will 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 will 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 final 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, because the proposed rule from which this final 
rule is derived does have important policy implications and involves a 
critical component of upgrading border security for the United States, 
this final rule has been provided to the Office of Management and 
Budget (OMB) for review.

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

    In conjunction with the proposed rule, the Department determined 
that the portion of the proposed rule contained in this final rule 
contains collection of information requirements for the purposes of the 
PRA. The Department sought and received emergency six-month approvals 
from OMB for the use of four information collections. The Department is 
currently seeking three-year extensions of the OMB emergency approvals. 
The extensions are the subject of separate Federal Register notices and 
requests for public comment.
    Two of the four collections involve existing forms that were 
already scheduled for PRA renewal in 2005. The Department has revised 
and updated 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 notify applicants that a passport may be 
invalidated for lack of payment of the requisite fees.
    The Department is also introducing two new collections of 
information. One of the new collections will 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) will 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 will be made under the proposed rule, Form DS-19 will be 
discontinued. In its place, Form DS-4085 will 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.


0
Accordingly, for the reasons set forth in the preamble, 22 CFR Chapter 
I is amended as follows:

PART 51--[AMENDED]

0
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).


0
2. Section 51.4 is amended by revising paragraph (f) and adding 
paragraph (h)(3) to read as follows:


Sec.  51.4  Validity of passports.

* * * * *
    (f) Limitation of validity. The Secretary may limit a passport's 
validity period to less than the normal validity period. The bearer of 
a limited passport may apply for a replacement passport, using the 
proper application, and submitting the limited passport, applicable 
fees, photos and additional documentation, if required, to support the 
issuance of a replacement 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.
* * * * *

0
3-4. 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 must be completed upon such 
forms as the Department may prescribe.
* * * * *

0
5. 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 will 
be amended.

0
6. 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

[[Page 53925]]

evidentiary purposes and the bearer is still eligible to have a 
passport.

0
7. Section 51.66(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.
* * * * *

0
8. The title of part 51, subpart E is revised to read as follows:

Subpart E--Limitations on Issuance or Use of Passports

* * * * *

    Dated: September 6, 2005.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 05-18108 Filed 9-12-05; 8:45 am]
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