[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43458-43459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16928]



[[Page 43458]]

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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice: 11457]
RIN 1400-AE68


Passports: Proposed Rule Allowing Passport Applicants Eligible To 
Apply By Mail for Renewal of Passports the Additional Option To Apply 
On-Line

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: Pursuant to Department regulations, the renewal of a U.S. 
passport must meet certain requirements to qualify for submission of an 
application by mail. The Department proposes to amend this rule by 
allowing qualified applicants the option of submitting renewal 
applications by mail or online via the Department's official website. 
This amendment will provide more flexibility for the renewal applicant, 
improve the customer experience, and eliminate the added burden, time, 
and cost to the customer by providing the on-line option as an 
alternative to the mail in process.

DATES: The Department of State will accept comments until October 8, 
2021.

ADDRESSES: Interested parties may submit comments to the Department by 
any of the following methods:
     Visit the Regulations.govwebsite at: http://www.regulations.gov and search for the docket number DOS-2021-0016.
     Email: [email protected]. You 
must include RIN 1400-AE68 in the subject line of your message.
     Mail paper submissions: Office of Adjudication, Passport 
Services, U.S. Department of State, 44132 Mercure Circle, P.O. Box 
1243, Sterling, VA 20166-1243, ATTN: OPR.
     All comments should include the commenter's name, the 
organization the commenter represents, if applicable, and the 
commenter's address. If the Department is unable to read your comment 
for any reason, and cannot contact you for clarification, the 
Department may not be able to consider your comment. After the 
conclusion of the comment period, the Department will publish a Final 
rule (in which it will address relevant comments) as expeditiously as 
possible.

FOR FURTHER INFORMATION CONTACT: Karen Pizza, Office of Adjudication, 
Passport Services, (202) 485-8800, or email 
[email protected].

SUPPLEMENTARY INFORMATION: Currently when applying for a renewal of a 
U.S. passport, applicants must meet certain criteria to use the mail-in 
application form. These mail-in applications are processed through the 
Lockbox where fees, applicant data, and photo images are captured. The 
Lockbox transmits this data and the physical applications to a passport 
agency or center for further processing.
    The Department proposes to amend 22 CFR 51.21(b), (b)(2), (b)(3); 
and 51.8(a), (b), (c), (d) to allow eligible applicants the option to 
apply on-line via MyTravelGov, which can be found on the Department's 
official website. Online Passport Renewal (OPR) refers to the 
electronic capability for processing renewal applications in a 
paperless environment. Applicants must meet all eligibility 
requirements for using OPR or will be referred to the paper application 
process. Applicants using OPR will enter their application information 
and upload their photos directly into the OPR system, and submit their 
payment through pay.gov. This process will improve efficiency and 
accessibility by offering online verification of renewal eligibility, 
electronic photo upload, and electronic payment. Applications received 
through OPR will automatically enter review queues at a passport agency 
or center, thus eliminating the physical application and processing at 
the Lockbox. The new OPR system will improve the customer experience, 
reduce operational and maintenance costs, and focus on data quality, 
protection, and traceability. The first release of the OPR system will 
apply to persons in the United States, with the intent for future 
releases applying to persons abroad.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule and is 
providing 60 days for public comments.

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. This rule 
gives greater flexibility to applicants residing in the United States, 
who are applying to renew their U.S. passport.

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.

Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act. 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 United States-based 
companies to compete with foreign based companies in domestic and 
import markets.

Executive Order 12866

    This rule is not a ``significant regulatory action'' under 
Executive Order 12866, section 3(f), Regulatory Planning and Review. 
The Department does not anticipate that demand for passport services 
will change as a result of this rule change.

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 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. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this regulation.

Executive Order 13175--Consultation With Tribal Governments

    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not pre-empt tribal law. 
Accordingly, the requirements of E.O. 13175 do not apply to this 
proposed rule.

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.

[[Page 43459]]

List of Subjects in 22 CFR Part 51

    Passports.

    Accordingly, for the reasons set forth in the preamble, 22 CFR part 
51 is proposed to be amended as follows:

PART 51--PASSPORTS

0
1. The authority citation for part 51 continues 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. Section 51.8 is revised to read as follows:


Sec.  51.8   Submission of currently valid passport.

    (a) When applying for a new passport in person or by mail, an 
applicant must submit for cancellation any currently valid passport of 
the same type.
    (b) When applying for a new passport on-line, an applicant must 
have the currently valid passport of the same type available for 
cancellation via the on-line process.
    (c) If an applicant is unable to produce a passport under paragraph 
(a) or (b) of this section, he or she must submit a signed statement in 
the form prescribed by the Department setting forth the circumstances 
regarding the disposition of the passport.
    (d) The Department may deny or limit a passport if the applicant 
has failed to provide a sufficient and credible explanation for lost, 
stolen, altered or mutilated passport(s) previously issued to the 
applicant, after being given a reasonable opportunity to do so.
0
3. Section 51.21 is amended by revising paragraph (b) subject heading 
and paragraph (b)(2), and adding paragraph (b)(3) to read as follows:


Sec.  51.21  Execution of passport application.

* * * * *
    (b) Application by mail or on-line--persons in the United States.
* * * * *
    (2) A person in the United States who previously has been issued a 
passport valid for 10 years in their own name may apply for a new 
passport by filling out, signing, and submitting an on-line application 
via the Department's official website if:
    (i) The applicant's most recently issued passport of the same type 
was issued when the applicant was 16 years of age or older, and has one 
year or less of validity remaining;
    (ii) The application is submitted not more than 15 years following 
the issue date of the most recently issued passport of the same type;
    (iii) The first release of the OPR system will require that the 
application be submitted in the same name, sex marker, date of birth, 
and place of birth as the most recently issued passport of the same 
type with the intent that future releases will permit changes; and
    (iv) The most recently issued passport of the same type is 
available for verification via the on-line process.
    (3) The applicant must also provide photographs as prescribed by 
the Department and pay the applicable fees prescribed in the Schedule 
of Fees for Consular Services (22 CFR 22.1).
* * * * *

Rachel Arndt,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2021-16928 Filed 8-6-21; 8:45 am]
BILLING CODE 4710-06-P