[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41024-41025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13318]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice: 12094]
RIN 1400-AF10


Passports: Consular Reports of Birth Abroad (CRBA)

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule finalizes a proposal for the Department of State 
(the Department) to remove from the list of acceptable documentary 
evidence of sole authority/custody a Consular Report of Birth Abroad 
(CRBA) that lists only the applying parent.

DATES: This final rule is effective on July 24, 2023.

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

SUPPLEMENTARY INFORMATION: The Department published a proposed rule, 
Public Notice 11299 at 87 FR 63739, October 20, 2022 (the NPRM), with a 
request for comments to amend 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 41025]]

    The Department also proposed to amend 22 CFR 51.28(a)(3)(i), 
(a)(4)(i) and (a)(4)(ii) to allow the non-applying parent or legal 
guardian to sign a statement of consent before a passport specialist at 
one of the passport agency public 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. However, the 
Department has decided to postpone the publication of these amendments 
to a later date. For the same reason, the Department is not at this 
time finalizing the proposal relating to revising the DS-3053: 
Statement of Consent for Issuance of a Passport to a Minor Under Age 
16, to allow for a signature at a passport agency's public counter.
    Analysis of Comments: The Department provided 60 days for comment 
on the NPRM. The comment period closed December 19, 2022. The 
Department received two responsive comments regarding the removal of 
the CRBA from the list of acceptable documentary evidence of sole 
authority/custody if the CRBA lists only the applying parent, which is 
the subject of this final rule. Neither comment was opposed to the 
proposal.

Regulatory Findings

Administrative Procedure Act

    The Department of State published this rulemaking as a proposed 
rule and provided 60 days for public comment. Pursuant to the 
Administrative Procedure Act, the rule will be in effect 30 days from 
the date of publication.

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. Only 
individuals, and no small entities, apply for passports.

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

    The Department does not believe that this rule is a major rule as 
defined by the Congressional Review Act. This rule does 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

    The Office of Information and Regulatory Affairs has designated 
this rule non-significant under Executive Order 12866. 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.

Executive Order 13563--Improving Regulation and Regulatory Review

    The Department of State has considered this 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 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 rule.

Paperwork Reduction Act

    This final rule does not add or modify any information collection 
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. The NPRM 
included the 60-day notice for the renewal of Control No. 1405-0129. 
The Department will publish the 30-day notice separately from this 
final rule.

List of Subjects in 22 CFR Part 51

    Passports.

    Accordingly, for the reasons set forth in the preamble, 22 CFR part 
51 is 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; 8 U.S.C. 1185; 8 U.S.C. 1185n (text of 
Pub. L. 108-458, 118 Stat. 3638, 3823 (Dec. 17, 2004)); 8 U.S.C. 
1504; 8 U.S.C. 1714; 22 U.S.C. 211a, 212, 212a, 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, and 3926; 26 U.S.C. 6039E; 26 
CFR 301.6039E-1; 31 U.S.C. 9701; 34 U.S.C. 21501-21510; 42 U.S.C. 
652(k) ; E.O. 11295, Aug. 5, 1966, 31 FR 10603, 3 CFR, 1966-1970 
Comp., p. 570; Pub. L. 114-119, 130 Stat. 15.


Sec.  51.28   [Amended]

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

Rachel M. Arndt,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2023-13318 Filed 6-22-23; 8:45 am]
BILLING CODE 4710-13-P