[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Rules and Regulations]
[Pages 60566-60568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16363]


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

DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice: 12461]
RIN 1400-AF71


Passports: Form DS-3053 Statement of Consent

AGENCY: Department of State.

ACTION: Final rule.

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

SUMMARY: Pursuant to Department of State regulations, all parents or 
legal guardians of a U.S. passport applicant under 16 years old must 
appear in person to execute the minor's passport application unless the 
applying parent can demonstrate sole authority to obtain the passport. 
If one parent or legal guardian is unable to appear in person to 
execute the minor's application, such parent must provide a notarized 
statement/affidavit giving consent to the issuance of a U.S. passport 
to the minor. The Department will now 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 in circumstances that will be outlined by 
Department policy. This alternative to signing before a notary public 
will provide more flexibility for the non-applying parent, will improve 
the customer experience, and eliminate the added burden, time, and cost 
to the customer of seeking the services of a notary public. 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.

DATES: The final rule becomes effective August 26, 2024.

FOR FURTHER INFORMATION CONTACT: Jennifer Tinianow, Office of 
Adjudication, Passport Services, (202) 485-6437, or email 
[email protected].

SUPPLEMENTARY INFORMATION: The Department published a proposed rule 
with a request for comments, Public Notice 11299 at 87 FR 63739, 
October 20, 2022 (the NPRM), RIN 1400-AF10, to amend 22 CFR 
51.28(a)(3)(i), (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 counters located within the 
United States as an alternative to signing it before a notary public. 
This counter service will be offered free of charge. The Department 
intends to issue policy to authorize signing of the consent form in 
front of a passport specialist at a passport agency/center initially to 
those cases in which there is a passport application pending or other 
emergency circumstance, as appropriate. As Department systems and 
procedures evolve, it may be possible to expand use of this regulation 
in the future.
    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 or legal guardian can 
demonstrate sole authority to obtain the passport. If one of the 
parents or legal guardians does not execute the passport application, 
that non-applying parent or legal guardian must submit an original 
notarized statement/affidavit consenting to the issuance of a passport 
for the minor, along with a photocopy of their identification. 
Currently, if the non-applying parent or legal guardian appears at a 
passport agency/center counter to complete the statement of consent, 
they must be turned away and sent to a notary public. Feedback from 
parents and legal guardians indicates that obtaining and mailing the 
notarized document can be a difficult requirement to meet and adds more 
time and expense to the application process.
    This amendment will allow the non-applying parent or legal guardian 
to execute an original DS-3053 consent form in front of a passport 
specialist when authorized by Department policy as an alternative to 
signing to before a notary public, enabling them to immediately correct 
any deficiencies in any previously-submitted consent forms.
    This change in procedure can help in emergencies and/or urgent 
travel situations when it is not always possible for the non-applying 
parent or legal guardian to deliver the original consent form to the 
Department. Currently, in these cases, the Department may accept a 
photocopy of the notarized consent form and issue a passport with 
limited validity to enable the minor applicant to complete their urgent 
or emergency travel. While limited validity passports may often be 
replaced with full validity passports at no further cost, the process 
is burdensome for both the Department and the applicant, as it requires 
the applicant to complete another application form and submit 
photographs, the limited passport, and an original notarized consent 
form within one year from the date that the limited passport was 
issued. Under the new procedures, when a parent or legal guardian signs 
the consent form in front of a passport specialist, the Department will 
have direct access to the original completed form and can issue a full 
validity passport immediately.
    In the NPRM, the Department further proposed to amend Sec.  
51.28(a)(4)(ii) to clarify that when 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.
    The Department also proposed 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. This piece of the NPRM was 
already finalized in a separate final rule on 06/23/2023,

[[Page 60567]]

Public Notice 12094, 88 FR 41024. The Department is now promulgating a 
final rule with no substantive change from the NPRM with respect to the 
DS-3053 Statement of Consent.
    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, neither of which were 
opposed to this amendment. One commenter questioned why obtaining 
parental consent presents any difficulty to applicants at all and 
stated that the process is necessary to protect the minor child. This 
update to the regulation will provide an additional avenue for a minor 
applicant's parents or legal guardians to resolve consent issues, 
maintain the integrity of the passport issuance process, and continue 
to protect the welfare of minors.
    Another commenter expressed concern that the proposed rule is too 
limited in scope to have any meaningful impact. The Department believes 
it will be greatly beneficial to the subset of applicants that utilize 
it. The non-applying parent or legal guardian will be easily able to 
resolve any issues with the original consent form by completing and 
signing a new form directly in front of a passport specialist. This 
practice will decrease the number of limited validity passports that 
are issued based on photocopies of notarized consent forms and will 
also expedite processing for these applications. The commentor 
additionally noted that this free alternative may have an adverse 
impact on the income of notaries public. The Department notes, first, 
that the issue of notary public income is not a reason to keep a 
requirement for passport applicants if it serves no useful purpose. 
Second, this rule will primarily benefit non-applying parents or legal 
guardians whose children already have pending applications, and in many 
of these cases, a notarized consent form was already submitted that had 
issues or deficiencies that need to be resolved. This rule provides a 
more efficient, cost-effective option for parents or legal guardians to 
correct issues with their previously submitted notarized consent 
document.
    Lastly, the commenter recommended allowing acceptance agents at 
passport acceptance facilities to sign the form DS-3053. The Department 
is not open to expanding this option to acceptance facilities at this 
time. The burden on a non-applying parent is greatly reduced by 
allowing them to sign a consent form directly with a passport 
specialist at a public counter operated by the Department of State. 
Consent documents for pending passport applications will be directly 
transmitted to the adjudicating passport agency/center, which will 
improve security and efficiency in the passport issuance process. 
Direct document transmission would not be available through acceptance 
facilities not operated by the Department, and with the wide access and 
availability of notaries public, the Department does not believe there 
is added value in including acceptance facilities.
    The Department received no comments regarding the information 
collection for the DS-3053 changes under the Paperwork Reduction Act.

Regulatory Findings

Administrative Procedure Act

    The Department of State published this rulemaking as a proposed 
rule and provided 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 rule 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 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 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, as Amended by Executive Order 14094

    The Department has reviewed the regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Orders 12866 and 14094. 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). The Office of 
Information and Regulatory Affairs has designated this rule not 
significant under Executive Order 12866.

Executive Order 13563--Improving Regulation and Regulatory Review

    The Department of State has considered this rule in light of 
Executive Order 13563 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

    The information collection contained in this rule is pursuant to 
the Paperwork Reduction Act, 44 U.S.C. Chapter 35, and relates to OMB 
Control Number 1405-0129.
    Department of State Form DS-3053, which is used to obtain the 
written consent from a parent or legal guardian of a minor passport 
applicant when that parent cannot be present at the time the 
application is executed, will be 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

[[Page 60568]]

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.

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 continues 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.


0
2. In Sec.  51.28, revise paragraphs (a)(3)(i), and (a)(4)(i) and (ii) 
to 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, when authorized by the 
Department, 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 all parents 
or each legal guardian, if any, specifically authorizing the 
application, and signed before a notary public or, when authorized by 
the Department, 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 regulation.
* * * * *

Donald Jacobson,
Acting Deputy Assistant Secretary, Bureau of Consular Affairs, 
Department of State.
[FR Doc. 2024-16363 Filed 7-25-24; 8:45 am]
BILLING CODE 4710-13-P