[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Rules and Regulations]
[Pages 60608-60609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21087]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 9678]
RIN 1400-AD97
Passports
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule provides various changes and updates to the
Department of State passport rules as a result of the passage of two
laws: International Megan's Law to Prevent Child Exploitation and Other
Sexual Crimes Through Advanced Notification of Traveling Sex Offenders
(IML); and the Fixing America's Surface Transportation Act (FAST Act).
The final rule incorporates statutory passport denial and revocation
requirements for certain covered sex offenders under the IML, those
persons with a seriously delinquent tax debt as defined by the FAST
Act, and/or those persons who submit a passport application without a
correct and valid Social Security number.
DATES: The effective date of this regulation is September 2, 2016.
FOR FURTHER INFORMATION CONTACT: Stephanie Traub, Office of Legal
Affairs, Passport Services, (202) 485-6500. Hearing- or speech-impaired
persons may use the Telecommunications Devices for the Deaf (TDD) by
contacting the Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Department is amending Sec. 51.60 of
subpart E within part 51 of title 22 of the Code of Federal
Regulations. The rules incorporate statutory passport denial and
revocation requirements as codified at 22 U.S.C. 2714a for certain
individuals who have seriously delinquent tax debt or submit passport
applications without correct and valid Social Security numbers. The
rules incorporate new provisions for denial and revocation of passport
books that do not contain conspicuous identifiers for covered sex
offenders as defined in 42 U.S.C. 16935a. The rule provides for denial
of passport cards to these same covered sex offenders, as passport
cards are not able to contain the unique identifier required by 22
U.S.C. 212b.
The new Sec. 51.60(a)(3) requires denial of a passport to an
individual who is certified by the Secretary of the Treasury as having
a seriously delinquent tax debt as described in 26 U.S.C. 7345.
The new Sec. 51.60(f) permits denial of a passport to an
individual who does not include his or her Social Security number or
willfully, intentionally, negligently, or recklessly includes an
incorrect or invalid Social Security number on his or her passport
application.
The new Sec. 51.60(g) requires denial of a passport card to an
individual who is a covered sex offender as described in 42 U.S.C.
16935a.
Regulatory Findings
Administrative Procedure Act
Because this rulemaking implements the Congressional mandates
within the FAST Act and IML, the Department is publishing this
rulemaking without notice and comment under the ``good cause''
exemption of 5 U.S.C. 553(b). The Department believes that public
comment on this rulemaking would be unnecessary, impractical, and
contrary to the public interest. In addition, for the same reasons, the
effective date for this rulemaking is the date of publication in
accordance with the ``good cause'' provision of 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. 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 significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of U.S.-based companies to compete with foreign based
companies in domestic and import markets.
[[Page 60609]]
Executive Orders 12866 and 13563
The Department of State does not consider this rule to be an
economically significant regulatory action under Executive Order 12866,
Regulatory Planning and Review. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in both Executive Order 12866 and
Executive Order 13563, and certifies that the benefits of this
regulation outweigh any cost to the public.
Executive Order 13132
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
Executive Order 13175
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35. Prior to the passage of the FAST Act, passport applicants were
already asked to provide their Social Security numbers to obtain or
renew passports. With respect to the IML requirements, the applicant
does not report his or her status as a covered sex offender to the
Department during the application process; rather, the Department
obtains that information from other government sources. Therefore, this
rulemaking imposes no additional burden on the applicant.
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, for the reasons set forth in the preamble, the
Department has amended 22 CFR part 51 as follows:
PART 51--PASSPORTS
0
1. The authority citation for part 51 is revised to read as follows:
Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; 22 U.S.C. 211a, 212,
212b, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A,
Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a,
218, 2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, & 3926; 26 U.S.C.
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title V of Pub. L.
103-317, 108 Stat. 1760]; E.O. 11295, Aug. 6, 1966, FR 10603, 3 CFR,
1966-1970 Comp., p. 570; Pub. L. 114-119, 130 Stat. 15; Sec. 1 of
Pub. L. 109-210, 120 Stat. 319; Sec. 2 of Pub. L. 109-167, 119 Stat.
3578; Sec. 5 of Pub. L. 109-472, 120 Stat. 3554; Pub. L. 108-447,
Div. B, Title IV, Dec. 8, 2004, 118 Stat. 2809; Pub. L. 108-458, 118
Stat. 3638, 3823 (Dec. 17, 2004).
0
2. Amend Sec. 51.60 by adding paragraphs (a)(3) and (4), (f), and (g)
to read as follows:
Sec. 51.60 Denial and restriction of passports.
(a) * * *
(3) The applicant is certified by the Secretary of the Treasury as
having a seriously delinquent tax debt as described in 26 U.S.C. 7345.
(4) The applicant is a covered sex offender as defined in 42 U.S.C.
16935a, unless the passport, no matter the type, contains the
conspicuous identifier placed by the Department as required by 22
U.S.C. 212b.
* * * * *
(f) The Department may refuse to issue a passport to an applicant
who fails to provide his or her Social Security account number on his
or her passport application or who willfully, intentionally,
negligently, or recklessly includes an incorrect or invalid Social
Security account number.
(g) The Department shall not issue a passport card to an applicant
who is a covered sex offender as defined in 42 U.S.C. 16935a.
Dated: August 23, 2016.
David T. Donahue,
Acting Assistant Secretary, Bureau of Consular Affairs, Department of
State.
[FR Doc. 2016-21087 Filed 9-1-16; 8:45 am]
BILLING CODE 4710-13-P