[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67184-67186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26393]


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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice: 10921]
RIN 1400-AE90


Passports; Clarification of Previous Rule Relating to Treatment 
of Serious Tax Debt

AGENCY: State Department.

ACTION: Final rule.

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SUMMARY: This final rule provides a clarification regarding situations 
in which a passport applicant is certified by the Secretary of the 
Treasury as having a seriously delinquent tax debt. In this rule, the 
Department clarifies that in such situations, the Department may issue 
a limited validity passport for direct return to the United States or 
when emergency circumstances or humanitarian reasons exist.

DATES: The effective date of this regulation is December 9, 2019.

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: On September 2, 2016, the Department 
published a final rule that implemented the Fixing America's Surface 
Transportation Act (FAST Act), codified at 22 U.S.C. 2714a (the 2016 
Final Rule). See 81 FR 60608.\1\
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    \1\ See also a correction rule published on September 27, 2016, 
at 81 FR 66184.
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    The rulemaking incorporated statutory passport denial and 
revocation requirements for certain individuals who have been certified 
by the Secretary of the Treasury as having seriously delinquent tax 
debt or who submit passport applications without correct and valid 
Social Security numbers.

Why is this rule necessary?

    The 2016 Final Rule, as codified at 22 CFR 51.60(a)(3), led to an 
unintended result. That rule provided that applicants for a passport 
who are certified by the Secretary of the Treasury as having a 
seriously

[[Page 67185]]

delinquent tax debt as described in 26 U.S.C. 7345 may not be issued a 
passport, except a passport for direct return to the United States. 
This is a too-narrow implementation of the law, since 22 U.S.C. 
2714a(e)(1)(B) provides that not only may the Department issue a 
certified individual a passport valid for direct return to the United 
States, but the Department also has the discretion to issue passports 
without geographical limitation to such applicants if the Department 
finds that emergency circumstances or humanitarian reasons exist.
    With respect to the current text of Sec.  51.60, the modification 
in the rulemaking will remove the text of paragraph (a)(3) of Sec.  
51.60, and add it to a new paragraph (h)(2) of Sec.  51.60, since 
paragraph (h) applies to situations where the Department must generally 
deny passport applications except for passports valid for direct return 
to the United States, but can exercise discretion to issue passports 
where it determines that emergency circumstances or humanitarian 
reasons exist. Paragraph (a)(3) is reserved. The chapeau of Sec.  
51.60(h), regarding notification by the Attorney General of violations 
of 18 U.S.C. 2423, is moved to a new paragraph (h)(1).

Regulatory Findings

Administrative Procedure Act

    The Administrative Procedure Act (APA) provides that an agency is 
not required to conduct notice and comment rulemaking when the agency, 
for good cause, finds that the requirement is impracticable, 
unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). 
There is good cause here because this amendment simply aligns 22 CFR 
51.60 with current law. It does not establish any substantive policy. 
Since this change is implementing current law, public comment on this 
change is unnecessary and contrary to the public interest. The APA also 
generally requires that regulations be published at least 30 days 
before their effective date, unless the agency has good cause to 
implement its regulations sooner (5 U.S.C. 553(d)(3)). Again, because 
this final rule aligns the Department's rules with federal law, there 
is good cause to make it effective on the day it is published.

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.

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, which the Department 
assesses to be de minimis.

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 preempt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.

Executive Order 13771

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

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.

List of Subjects in 22 CFR Part 51

    Passports.

    Accordingly, for the reasons set forth in the preamble, the 
Department amends 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 removing and reserving paragraph (a)(3) and 
revising paragraph (h).
    The revision reads as follows:


Sec.  51.60  Denial and restriction of passports.

* * * * *
    (h) The Department may not issue a passport, except a limited 
validity passport for direct return to the United States or in 
instances where the Department finds that emergency circumstances or 
humanitarian reasons exist, in any case in which:
    (1) The Department is notified by the Attorney General that, during 
the covered period as defined by 22 U.S.C. 212a:
    (i) The applicant was convicted of a violation of 18 U.S.C. 2423, 
and
    (ii) The individual used a passport or passport card or otherwise 
crossed an international border in committing the underlying offense.
    (2) The applicant is certified by the Secretary of the Treasury as 
having a

[[Page 67186]]

seriously delinquent tax debt as described in 26 U.S.C. 7345.
* * * * *

Carl C. Risch,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2019-26393 Filed 12-6-19; 8:45 am]
 BILLING CODE 4710-13-P