[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63739-63741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22758]


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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice 11299]
RIN 1400-AF10


Passports: Form DS-3053 Statement of Consent; Consular Reports of 
Birth Abroad (CRBA)

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: The Department proposes to amend its rule regarding minor 
passport applications to allow a non-applying parent to sign the 
statement of consent before a notary public or a passport specialist at 
one of the public passport agency/center counters located within the 
United States. Department of State Form DS-3053, which is used to 
obtain the written consent from the parent or legal guardian of a minor 
passport applicant when they cannot be present at the time the 
application is executed, is being revised to be consistent with this 
rulemaking. This proposal also amends the rule by removing from the 
list of acceptable documentary evidence of sole authority/custody a 
Consular Report of Birth Abroad (CRBA) listing only the applying 
parent. Finally, this rulemaking updates the authority citation for the 
regulations.

DATES: The Department of State will accept comments until December 19, 
2022.

ADDRESSES: Interested parties may submit comments to the Department by 
any of the following methods:
     Visit the Regulations.gov website at: https://www.regulations.gov and search for the docket number DOS-2021-0001.
     Email: [email protected]. You 
must include RIN 1400-AF10 in the subject line of your message.
     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: Kelly Cullum, Office of Adjudication, 
Passport Services, (202) 485-8800, or email 
[email protected].

SUPPLEMENTARY INFORMATION: When applying for a U.S. passport on behalf 
of a minor under the age of 16, the minor's parents or legal guardians 
must both execute the passport application, unless the applying parent 
can demonstrate sole authority to obtain the passport. Currently, if 
one of the parents or legal guardians does not execute the passport 
application, the non-applying parent must submit a notarized statement/
affidavit consenting to the issuance of a passport for the minor, along 
with a copy of the parent's identification. Feedback from parents and 
legal guardians indicates that the notarization of the document can be 
a difficult requirement to meet and adds more time and expense to the 
application process. Additionally, when the non-applying parent appears 
at a passport agency/center counter to complete the statement of 
consent, they must be turned away and sent to a notary public.
    The Department proposes to amend 22 CFR 51.28(a)(3)(i) and 
(a)(4)(i) and (ii) to allow the non-applying parent or legal guardian 
to sign a statement of consent before a passport specialist at one of 
the public passport agency/center counters located within the United 
States as an alternative to signing it before a notary public when an 
application is pending at a passport agency/center or overseas post. 
This counter service will be offered free of charge. This proposal 
further amends Sec.  51.28(a)(4)(ii) to clarify that where one parent 
authorizes a person to apply in loco parentis on behalf of a minor, 
they must demonstrate that they have sole legal authority to execute 
the passport application on behalf of that minor or that exigent or 
special family circumstances exist.
    This proposal also amends 22 CFR 51.28(a)(3)(ii) by removing from 
the list of acceptable documentary evidence of sole authority/custody a 
Consular Report of Birth Abroad (CRBA) listing only the applying 
parent, because a CRBA is a citizenship document and not by itself 
evidence of sole authority/custody.

[[Page 63740]]

Regulatory Findings

Administrative Procedure Act

    The Department of State is publishing this rulemaking as a proposed 
rule and is providing 60 days for public comment.

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 rulemaking will not have a 
significant economic impact on a substantial number of small entities. 
This gives greater flexibility to the parents and legal guardians of 
minor children applying for U.S. passports. Only individuals, and no 
small entities, apply for passports.

Unfunded Mandates Act of 1995

    This rulemaking 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.

Executive Order 12866

    This proposed 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. The service described in 
this rulemaking will be offered free of charge.
    The Department has reviewed the regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
that Executive order. The Department finds that the cost of this 
rulemaking to the public is expected to be minimal, and in fact 
provides a potential benefit to non-applying parents who may now sign a 
consent statement before a passport specialist free of charge (while 
retaining the option of signing before a notary).

Executive Order 13563--Improving Regulation and Regulatory Review

    The Department of State has considered this proposed rule in light 
of Executive Order 13563, dated January 18, 2011, and affirms that this 
regulation is consistent with the guidance therein.

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 proposed rule does 
not have sufficient federalism implications to require consultations or 
warrant the preparation of a federalism summary impact statement. The 
regulations implementing E.O. 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

    The information collection contained in this proposed rule is 
pursuant to the Paperwork Reduction Act, 44 U.S.C. Chapter 35, and 
relates to Office of Management and Budget (OMB) Control Number 1405-
0129. As part of this rulemaking, the Department is seeking comment on 
the administrative burden associated with this collection of 
information. This proposed rule will result in a change in the design 
of the DS-3053, the form associated with this collection of 
information.
    Department of State Form DS-3053, which is used to obtain the 
written consent from the parent or legal guardian of a minor passport 
applicant when they cannot be present at the time the application is 
executed, is being revised to be consistent with this rulemaking, to 
allow the non-applying parent or legal guardian to sign a statement of 
consent before a notary public or a passport specialist at one of the 
public passport agency/center counters located within the United States 
as an alternative to requiring a notarized statement when an 
application is pending at a passport agency/center.
    OMB Control No. 1405-0129, Statement of Consent: Issuance of a U.S. 
Passport to a Minor Under the Age 16 was last revised on December 15, 
2020. The estimated burden is 20 minutes. The Department does not 
anticipate an increase in burden; however, in addition to comments on 
the proposed rule itself, the public is invited to comment on the 
estimated burden.
    (1) Type of Information Collection: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Non-Applying Parents of Minor 
Passport Applicants Execution of Form DS-3053 Statement of Consent.
    (3) Agency form numbers: DS-3053 Statement of Consent.
    (4) Affected public: This information collection will be used by 
non-applying parents of minor passport applicants.
    (5) An estimate of the total number of respondents: The Department 
estimates that the yearly total of respondents age 17 and under is 
416,478.
    (6) An estimate of the total annual public burden (in hours) 
associated with the collection: The average burden associated with the 
DS-3053 Statement of Consent information collection is estimated to be 
20 minutes per respondent. The Department estimates the total annual 
burden for this information collection to be 138,826 hours.
    (7) Submit comments to the Department of State by the following 
methods:
    Department of State:
     Web: Persons with access to the internet may view this 
document and provide comments by going to the regulations.gov website 
at: https://www.regulations.gov/index.cfm. Search for Docket No. DOS-
2021-0001 or for RIN 1400-AF10.
     Email: [email protected]: You 
must include the DS form number, information collection title, and the 
OMB control number in any correspondence.
    (8) We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department.
     Evaluate the accuracy of our estimate of the time and cost 
burden for this proposed collection, including the validity of the 
methodology and assumptions used.
     Enhance the quality, utility, and clarity of the 
information to be collected.
     Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
information technology.
    Please note that comments submitted in response to this proposed 
rule are public record. Before including any

[[Page 63741]]

detailed personal information, you should be aware that your comments 
as submitted, including your personal information, will be available 
for public review.
    Abstract of proposed collection: This information collection will 
enable non-applying parents to provide consent to passport issuance to 
minor applicants before a notary public (current rule) or before either 
a notary public or a counter passport specialist (proposed rule).
    Methodology:
    The form introduced by this information collection will be made 
available online on the Department's website and upon request at 
participating passport agencies and must be submitted to the Department 
as noted in this rulemaking.

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 is revised to read as follows:

    Authority:  8 U.S.C. 1104, 1185, 1185n (Pub. L. 108-458, 118 
Stat. 3638, 3823), 1504, and 1714; 22 U.S.C. 211a, 212, 212a, 212b, 
213, 213n (Div. B, Sec. 1000(a)(7) [Div. A, Title II, Sec. 236], 
Pub. L. 106-113, 113 Stat. 1536, 1501A-430), 214, 214a, 217a, 218, 
2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, and 3926; 26 U.S.C. 
6039E; 31 U.S.C. 9701; 34 U.S.C. 21501-21510; 42 U.S.C. 652(k); E.O. 
11295, 31 FR 10603, 3 CFR, 1966-1970 Comp., p. 570; 34 U.S.C. 21501-
21510; 26 CFR 301.6039E-1.

0
2. Amend Sec.  51.28 by:
0
a. Revising paragraph (a)(3)(i);
0
b. Removing paragraph (a)(3)(ii)(B);
0
c. Redesignating paragraphs (a)(3)(ii)(C) through (G) as paragraphs 
(a)(3)(ii)(B) through (F);
0
d. In newly redesignated paragraph (a)(3)(ii)(E), removing the period 
and adding ``; and'' in its place; and
0
e. Revising paragraphs (a)(4)(i) and (ii).
    The revisions read as follows:


Sec.  51.28   Minors.

    (a) * * *
    (3) * * *
    (i) A written statement or affidavit from the non-applying parent 
or legal guardian, if applicable, consenting to the issuance of the 
passport, and signed before a notary public or a passport specialist at 
a public passport agency/center counter operated by the Department of 
State.
* * * * *
    (4) * * *
    (i) A person may apply in loco parentis on behalf of a minor under 
age 16 by submitting a written statement or affidavit from both parents 
or each legal guardian, if any, specifically authorizing the 
application, and signed before a notary public or a passport specialist 
at a public passport agency/center counter operated by the Department 
of State.
    (ii) If only one parent or legal guardian provides the written 
statement or affidavit, the applicant must provide documentary evidence 
that an application may be made by one parent or legal guardian, 
consistent with this section.
* * * * *

Rachel M. Arndt,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2022-22758 Filed 10-19-22; 8:45 am]
BILLING CODE 4710-25-P