[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55110-55111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17368]


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DEPARTMENT OF STATE

[Public Notice: 12117]


60-Day Notice of Proposed Information Collection: Three (3) 
Passport Services Information Collections: Birth Affidavit, Affidavit 
Regarding a Change of Name, and Statement of Non-Receipt of a U.S. 
Passport

ACTION: Notice of request for public comment and submission to OMB of 
proposed collection of information.

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SUMMARY: The Department of State has submitted the information 
collections described below to the Office of Management and Budget 
(OMB) for approval. In accordance with the Paperwork Reduction Act of 
1995, we are requesting comments on these collections from all 
interested individuals and organizations. The purpose of this Notice is 
to allow 60 days for public comment.

DATES: The Department will accept comments from the public up to 
October 13, 2023.

ADDRESSES: You may submit comments by any of the following methods:
     Web: Persons with access to the internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2023-0021 in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form. Email and regular mail options have been suspended to centralize 
receiving and addressing all comments in a timely manner.
     Email: [email protected]. You must include 
the DS form number (if applicable), information collection title, and 
the OMB control number in the email subject line.

SUPPLEMENTARY INFORMATION: 

 Title of Information Collection: Birth Affidavit
 OMB Control Number: 1405-0132
 Type of Request: Revision of a Currently Approved Collection
 Originating Office: Bureau of Consular Affairs, Passport 
Services (CA/PPT)
 Form Number: DS-10
 Respondents: Individuals
 Estimated Number of Respondents: 6,028
 Estimated Number of Responses: 6,028
 Average Time per Response: 40 minutes
 Total Estimated Burden Time: 4,018 hours
 Frequency: On occasion
 Obligation to Respond: Required to Obtain a Benefit

 Title of Information Collection: Affidavit Regarding a Change 
of Name
 OMB Control Number: 1405-0133
 Type of Request: Revision of a Currently Approved Collection
 Originating Office: Bureau of Consular Affairs, Passport 
Services (CA/PPT)
 Form Number: DS-60
 Respondents: Individuals
 Estimated Number of Respondents: 3,617
 Estimated Number of Responses: 3,617
 Average Time per Response: 40 minutes
 Total Estimated Time Burden: 2,411 hours
 Frequency: On occasion
 Obligation to Respond: Required to Obtain or Retain a Benefit
 Title of Information Collection: Statement of Non-Receipt of a 
U.S. Passport
 OMB Control Number: 1405-0146
 Type of Request: Revision of a Currently Approved Collection
 Originating Office: Bureau of Consular Affairs, Passport 
Services (CA/PPT)
 Form Number: DS-86
 Respondents: Individuals
 Estimated Number of Respondents: 18,260
 Estimated Number of Responses: 18,260
 Average Time per Response: 15 minutes
 Total Estimated Time Burden: 4,565 hours
 Frequency: On occasion
 Obligation to Respond: Required to Obtain or Retain a Benefit
    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 Notice are 
public record. Before including any 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 Collections

     1405-0132, DS-10, Birth Affidavit: The form is submitted 
in conjunction with an application for a U.S. passport and is used by 
Passport Services to collect information for the purpose of 
establishing the U.S. nationality of a passport applicant who has not 
submitted an acceptable United States birth certificate with their 
passport application. The Secretary of State is authorized to issue 
U.S. passports under 22 U.S.C. 211a et seq, 8 U.S.C. 1104, and 
Executive Order 11295 (August 5, 1966). Pursuant to 22 U.S.C. 212 and 
22 CFR 51.2, only U.S. nationals may be issued a U.S. passport. Most 
passport applicants establish U.S. nationality by providing a birth 
certificate that lists a place of birth within the United States or its 
outlying possessions (currently American Samoa and Swains Island). Some 
applicants, however, may have been born in the United States (and 
subject to its jurisdiction), but were never issued a birth 
certificate. Form DS-10 is a form affidavit for completion by a witness 
to the birth of such an applicant; it collects information relevant to 
establishing the identity of the affiant, and the birth circumstances 
of the passport applicant. If credible, the affidavit may permit the 
applicant to show U.S. nationality based on the applicant's birth in 
the United States, despite never having been issued a U.S. birth 
certificate. We use the information collected on the person completing 
the affidavit to confirm that individual's identity, which is relevant 
to confirming his or her relationship to the applicant and in assessing 
the likelihood that the affiant has personal knowledge of the facts of 
the applicant's birth.
    In an ongoing effort to reduce public burden times, the ``Sex'' 
field (previously Item 2) has been removed from the DS-10, Birth 
Affidavit. Passport Services determined that this decision will not 
affect the procedural or policy aspects of DS-10 form adjudication or 
impact the determination of U.S. citizenship findings by passport 
adjudicators.
     1405-0133, DS-60, Affidavit Regarding a Change of Name: 
The form is submitted in conjunction with an application for a U.S. 
passport. It is used by Passport Services to collect

[[Page 55111]]

information for the purpose of establishing that a passport applicant 
has adopted a new name without formal court proceedings or by marriage 
and has publicly and exclusively used the adopted name over a period of 
time (at least five years).
     1405-0146, DS-86, Statement of Non-Receipt of a U.S. 
Passport: The form is used by the U.S. Department of State to collect 
information for the purpose of issuing a replacement passport to 
customers whose passports have been issued but who have not received 
their passport documents in the mail. The information collected on the 
Statement of Non-Receipt of a U.S. Passport is used by the Department 
of State to help ensure that no person bears more than one valid or 
potentially valid U.S. passport book of the same type and/or passport 
card at any one time, except as authorized by the Department. The 
information on the form is also used to address passport fraud and 
misuse.
    All three forms have been amended to replace the term ``sex'' with 
``gender'' and to be pronoun-inclusive of all genders.

Methodology

    When needed, the Birth Affidavit is either provided by the 
Department or downloaded from the Department's website and completed by 
the affiant. It must be signed in the presence of a passport agent, 
acceptance agent, or notary.
    When needed, the Affidavit Regarding a Change of Name is either 
provided by the Department or downloaded from the Department's website 
and completed by the affiant. It must be signed in the presence of a 
passport agent, passport acceptance agent, or notary.
    When needed, the Statement of Non-Receipt of a U.S. Passport is 
either provided by the Department or downloaded from the Department's 
website and completed by the passport applicant.

Rachel M. Arndt,
Deputy Assistant Secretary, Bureau of Consular Affairs, Passport 
Services Department of State.
[FR Doc. 2023-17368 Filed 8-11-23; 8:45 am]
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