[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]



22 CFR Part 51

[Public Notice: 9678]
RIN 1400-AD97


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 
    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. 

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


    Accordingly, for the reasons set forth in the preamble, the 
Department has amended 22 CFR part 51 as follows:


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).

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 
[FR Doc. 2016-21087 Filed 9-1-16; 8:45 am]