[Federal Register Volume 90, Number 184 (Thursday, September 25, 2025)]
[Proposed Rules]
[Pages 46102-46110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18567]
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DEPARTMENT OF STATE
22 CFR Part 54
[Public Notice 11632]
RIN 1400-AE37
Passports; Procedures for Passport Couriers
AGENCY: Department of State.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Department of State (the Department) establishes rules for
the registration program and hand delivery procedures for courier
companies used by applicants to transport their passport applications,
and U.S. passports issued to them, to and from participating passport
agencies. This supplemental notice of proposed rulemaking, along with
the original notice of proposed rulemaking (NPRM), is intended to
continue the program that was established by prior policy, to maintain
vigilance over the security of the passport application process, to
require companies to register with the Department prior to providing
hand delivery services to certain applicants for U.S. passports, and to
follow a uniform set of hand delivery procedures.
DATES: Written comments must be received on or before November 24,
2025.
ADDRESSES: Interested parties may submit comments to the Department by
any of the following methods:
Visit the Regulations.gov website at: http://www.regulations.gov
and search for the Regulatory Information Number (RIN) 1400-AE37 or
docket number DOS-2025-0170.
Mail (paper, disk, or CD-ROM): Office of Adjudication, Passport
Services, U.S. Department of State, 44132 Mercure Circle, P.O. Box
1227, Sterling, VA 20166-1227, ATTN: Courier Regulation.
Email: [email protected]. You must include the RIN (1400-
AE37) 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 anticipates publishing a Final Rule (in which it will
address relevant comments) as expeditiously as possible.
FOR FURTHER INFORMATION CONTACT: Colin Walle, Passport Services, Office
of Program Management and Operational Support, (202) 485-8800, [email protected]. You must include AE37 in the subject line.
SUPPLEMENTARY INFORMATION: The Department published a NPRM, with a
request for comments, proposing provisions of a new Part 54 of Title 22
of the Code of Federal Regulations. 85 FR 73244. The rule was proposed
to formalize procedures for private domestic courier companies that
applicants use to transport their passport applications and issued
passports to and from domestic passport agencies. The Department
received 52 comments in response to the NPRM.
Subsequent to the publication of the proposed rule, it was
determined that two additional provisions needed to be proposed for the
new Part 54, namely Sec. Sec. 54.20(d) and 54.30(c)(18) and (19).
Those provisions are discussed after the analysis of comments. The
Department is seeking comment on these provisions.
Compliance With the 2025 NDAA
With regard to authority for the domestic courier program, the
Department notes that Section 7507 of Public Law 118-159 (2025 National
Defense Authorization Act, 2025 NDAA) provides Congressional
recognition of the hand-carry courier service and calls upon the
Secretary of State to take certain steps to strengthen the program.
While the original NPRM preceded the 2025 NDAA, this rulemaking is the
foundation on which the Department will be able to fulfill Congress'
express direction in Public Law 118-159 to take steps as may be
necessary to facilitate an increase in couriers, increase the number of
slots, and facilitate public awareness of couriers. This rulemaking is
just part of the Department's response to this direction. This
rulemaking is necessary to put in place a formal, reliable regulatory
structure upon which the Department can build and improve its courier
program, consistent with comments and feedback the Department has
received from couriers, not only in response to this rulemaking, but
also through outreach.
The Department has been accepting passport applications from
couriers for decades before it issued the National Hand-Carry
Procedures for Passport Applications and Completed Passports (the
Handbook) in 2007. Under the 2007 Handbook, there was no enforceable
way to discourage companies from holding on to slots over multiple
years, a practice that has ensured those companies on the lengthy
waiting list for registrations cannot move any closer to the front of
the line. This rulemaking, with its requirement that every company re-
register every year and which permits the Department to cancel
registrations for failure to use allotted slots, ensures that there
will be a turnover in registered companies. Also, through the
registration requirements contained in this rulemaking, the Department
expects the number of couriers in operation and the number of slots in
use to increase, as slots are expected to be better distributed based
on actual use.
One of the arguments put forward in public comments in response to
the NPRM was a suggestion that the Department expand the courier
program to include situations not involving ``urgent'' travel (i.e.,
within the next 14 days). This was not part of the Congressional
direction, and the Department declines to implement this suggestion.
Those on urgent travel might not have the time to process their
[[Page 46103]]
passports, and the courier companies provide a service in such cases.
Those not needing urgent processing are able to submit their documents
(and if necessary, appear at a passport acceptance facility)
personally.
If this rulemaking is finalized, the Department intends to collect
and provide information regarding currently registered couriers on its
website, travel.state.gov, to facilitate public awareness of the
courier program.
The Department welcomes comments and suggestions relating to the
Department's compliance with the 2025 NDAA, especially actions the
Department can consider to facilitate an increase in the number of
certified hand-carry courier companies or an increase in the daily
maximum number of passport agency meeting slots available to courier
companies.
Analysis of Comments
The proposed rule was published for comments on November 17, 2020.
The comment period closed on January 19, 2021, and the Department
received 52 comments.
Comment: The Department should publish registered courier companies
on its website (9 comments received).
The Department plans to publish information on the National Courier
Program on the Passport pages of its website, Travel.State.Gov. The
information will include:
1. A list of courier companies registered at each passport agency
for the calendar year. The list will note any companies that are
temporarily banned from participation in the Program due to an
infraction of the regulation. Companies permanently banned will be
promptly removed from the list.
2. A link to the final rule/regulation for customers to reference
if desired.
Comment: Concern with the provision that a courier company employee
cannot drop-off passport applications or retrieve completed passports
for more than one courier company (12 comments received).
There will be no restriction on the number of companies that an
individual runner can be employed by in the final rule. Comments
received by the Department also indicate that some respondents believed
that they could only have one employee drop off passport applications
or pick up completed applications. This is inaccurate. A courier
company may designate as many employees as they wish to perform this
function.
Comment: Seek clarification on the provision that courier companies
not permitted to sell their slots to other courier companies (5
comments received).
Courier companies do not have ownership of slots and therefore are
not permitted to sell them to other courier companies or entities. This
means that a registered courier company cannot accept a payment from
another courier company (registered or unregistered) to submit a
passport application or applications on its behalf. This provision is
intended to ensure that customers know the company they paid to provide
the hand-delivery service is the company that actually performs the
service. Customers may select a company based upon reputation, reviews
on social media, complaints made to the Better Business Bureau, etc.
Additionally, this provision reduces the exposure of sensitive
documents containing personally identifiable information that customers
submit with their application package.
Comment: Do not have a lottery or first-come system for annual
registration (3 comments received).
It is important to the Department that all courier companies
wishing to register at a passport agency have an equal opportunity to
do so. The number of companies that can be registered at any given time
is based upon available agency resources and the number of appointments
allotted to customers who wish to apply in person at an agency without
needing to pay any additional fees for a courier company to hand
deliver their application. Historically, most courier companies have
maintained their registrations which has left many un-registered
courier companies on a waiting list for several years. By having a
registration that is only valid for one year and conducting an annual
open season for companies to register, all companies will have an equal
chance to register at one or more passport agencies.
Comment: The necessity for company/employee registration (5
comments received).
It is critical for the Department to require courier companies and
their employees to be registered at passport agencies to hand deliver
passport applications and retrieve issued passports. This helps to
ensure that, to the best of our knowledge, companies are legitimate
businesses that are registered to conduct business in the state or
locality where they are seeking registration at a passport agency.
Company registrations allow the Department to allocate sufficient
resources to serve customers with immediate travel plans who are
required to apply in person at a passport agency or have their
application hand delivered through a registered company. The data that
will be collected from courier company owners and their employees
serves as a measure to mitigate instances of mishandling of customers'
sensitive personal information or worse, and to ensure accountability
of the companies that participate in the Program.
Comment: The accuracy of the Department's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used.
Three companies submitted comments on the proposed regulation
regarding the burden of information collection. Two of the companies
accept the Department's estimate of the administrative costs but
expressed concerns about additional financial and logistical impacts if
changes are introduced. The third company emphasized the benefits of
data collection for validating courier companies but opposed
restrictions that could hinder operational efficiency and compliance
with health standards. The Department notes that the changes serve the
public interest by ensuring that the proposed regulation enhances the
integrity, security, and efficiency of the Hand Carry Program, which
protects processes like passport delivery that involve sensitive
applicant data. The Department believes that the methodology used to
estimate the burden is valid and reflects a balanced approach to
achieving program goals without imposing undue hardship. The proposed
restrictions are intended to streamline operations, enhance security,
and ensure the program operates effectively and responsibly in the best
interest of the public.
Comment: How to minimize the burden of the collection of
information on those who are to respond, including using appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Two companies supported the introduction of electronically
submitting registration documents in a way to protect employee
information.
Comment: The document states that an applicant using our services
needs proof of needing a visa, or proof of travel in 14 days or less.
We respectfully suggest that in the interest of simplicity and
flexibility this limit might generally be extended to travel within 60
or perhaps even 90 days as there are a multitude of reasons applicants
may present with legitimate need of a passport to be expedited besides
traveling within 14 days, e.g., due to
[[Page 46104]]
need of and ever burgeoning processing times for a foreign visa or as
often as not a series thereof.
The Courier Program was created for U.S. citizens who need a
passport urgently because they are traveling imminently. These
individuals might not be able to apply in person at a passport agency.
If travel is further out in the future and not urgent, individuals are
able to submit their documentation and, if necessary, appear in person
at a passport acceptance facility. While the Department acknowledges
the Congressional directive to facilitate the registration of new
courier companies to process urgent passports, the Department as a
policy matter does not intend to extend the courier program to process
passports that are not needed urgently.
Comment: There is discussion of the DS-82 ``expiring'' after 5 days
of execution same as historically for sealed DS-11 applications. We
certainly appreciate the presumably added security considerations
associated with the current time constraint for the DS-11 and would
suggest no change rather that registered companies simply continue to
juggle their daily/weekly submissions accordingly; however, in
consideration of this necessary ``prioritization'' and the inherently
limited total number of slots allowed in a given day or week for each
registered company we would respectfully suggest that the period of
validity of the DS-82 be allowed to run perhaps at least 30 days after
being signed and dated.
There is no higher priority for Passport Services than ensuring the
integrity and security of passports and passport applications. Since
2007 the Department has implemented a five-day expiration for both DS-
11 and DS-82 courier applications, as stated in Section II.D.16 of the
National Hand Carry Procedures. As a common practice, couriers are
expected to collect applications immediately before they file them;
furthermore, because all courier cases are expedited, there should be
no reason for a company to maintain possession of an application for
longer than five days. Members of the public who rely on couriers
deserve and expect such services to be performed expeditiously and
dependably, consistent with the Department's need to ensure the
integrity and security of passport applications.
Comment: We believe there is an opportunity to expand the program
to the National Passport Processing center for unlimited 3-day
expedited processing; similar to what the Passport Office accomplished
with the unlimited adult renewal lockbox. This level of processing
could be funded by the proposed slot registration fee or a small fee
per submission to the National Passport Center.
Passport Services has fourteen (14) agencies that accept passport
applications hand-carried by registered companies on behalf of
applicants. Also, registered courier companies are allowed to submit
expedited renewals directly to our lockbox for no charge. The Passport
Services cost of service model is directly associated with processing
and production of a passport. We do not offer opportunities to
circumvent our process nor establish any charging fees. Those fees
would directly be incurred by the applicant.
Comment: Not all courier companies were notified by the Department
of the publishing of the proposed rule in the Federal Register (4
comments).
If a document is published in the Federal Register, that
constitutes sufficient notice of that document to the public.
Comment: Several commenters submitted remarks about the inability
to submit applications to passport agencies during the pandemic and the
effects on courier companies (4 comments).
Due to limited resources and agencies being temporarily closed
during the COVID-19 pandemic, the courier program was suspended.
Fortunately, that is no longer the case. We are offering the same
number of total courier slots as we did pre-pandemic. Additionally,
according to April 2023 data, out of all courier slots offered
nationwide, only 58.61% of slots were utilized.
Comment: I have been working within the courier program for the
last several years and welcome a voice at the table on the passport
program in Denver/Aurora. We feel strongly that the program works great
but could use a fresh look at the location specific details, as while
we see great turnaround times, the process around what is necessary to
submit is very different from other states. We feel that the changes
that should take place at the agency is consistent in how documents are
submitted. That way, they can easily be moved around each location,
assisting couriers who may have a few spots in various states to
communicate these needs so that no one has different information or a
PAA does not have to decipher the requirements based on their
geographical location.
The requirements for submission will be consistent throughout all
agencies under this regulation, with detailed requirements spelled out
in the hand carry procedures referenced in subsection 54.21(g). Each
agency is required to follow strict procedures when accepting
applications in order to maintain the integrity of Passport
submissions.
Comment: We recommend that the Department establish a nationwide
registration process for courier companies, allowing the courier
companies to register once with the Department and select those
passport agencies with whom the courier company plans to do business
within a single application. This alternative, which reduces the
burdens on private industry, must be considered by the Department and
is consistent with Executive Order 12866 that requires the Department
to design its regulations ``in the most cost-effective manner to
achieve the regulatory objective.''
This is addressed in subsection 54.22, read in light of the
definition of ``registration to provide hand delivery service'' at
subsection 54.11(h). The Department will implement a registration
process that is more centralized and efficient, pursuant to which all
courier companies will be required to register with Passport Services
annually, but which also recognizes and accommodates the unique needs
and circumstances of individual companies and passport agencies. The
registration process will be largely online, with further details to be
provided in the hand carry procedures referenced in subsection
54.21(g). The Department expects this process to run more efficiently
and with less burden to companies than the current manual registration
process. Registration will be on a first-come, first-served basis,
until the maximum number of registered companies at a passport agency
has been reached. A company's rank order at each agency will be
determined according to the date and time that a company's complete
registration submission is received by the Department. The Department
will not process any incomplete submission, nor will it retain partial
documents.
Comment: We encourage the Department to amend the Proposed Rules to
ensure that the procedures adequately address the critical needs of the
airline industry, reduce the burdens on industry, and ensure
facilitation of the passport process to meet the Department's
objectives. During the pandemic, the Department created a program
dedicated to flight crews to address their special needs and process
passports for them quickly.
The Department of State recognizes the need for timely passport
services for the airline industry. The industry
[[Page 46105]]
traditionally used couriers or requested same day ``will call'' service
at agency counters. During the pandemic, the Department eliminated
walk-in counter service at passport agencies and reduced services by
couriers. At that time, the Department established a new process for
airline flight crews to receive expedited service by mail by submitting
additional documentation about their work requirements. The streamlined
mail-in procedures are serving the needs of airlines and do not require
flight crews to travel to a passport agency or center for service.
Airlines may resume the use of registered couriers under the
procedures specified in the regulation. Meanwhile, the Department
encourages the continued use of streamlined mail-in procedures.
Airlines may employ non-registered third-party passport and visa
expeditors to assist airline employees with assembly of their
applications, to track applications, or to follow up on issues with
applications sent through the mail-in procedures.
Comments regarding the registration process once the rule is final
(3 comments).
The Department will notify courier companies and conduct public
outreach in the form of a virtual meeting to be held in advance of the
new annual registration requirements going into effect under the
proposed regulation. Information on how to register and to complete
necessary forms will be posted on travel.state.gov. A new Hand Carry
Policy will also be distributed to all couriers explaining in detail
the steps to the new registration.
In addition, the Department schedules virtual meetings with courier
companies in the five regions in September and October annually. The
annual meeting allows Passport Services to communicate with couriers on
new updates or changes. The new registration process would be discussed
extensively along with registration instructions being sent via email
to all potential registered couriers. The meeting is also an
opportunity for couriers to ask questions or express any concerns.
Additional Questions for Comment
As part of the NPRM, the Department of State solicited comment on
allowing for distribution of slots amongst couriers via annual
auctioning, permit trading, or other market-based solutions, for how it
will allocate slots via this program. Specifically, the Department
sought comment regarding:
Should the Department charge a fee on a per-registration
or per-slot basis? If so, the Department would rely on its Cost of
Service Model to estimate the costs of this service and set the fee,
but the Department seeks further comment regarding any additional
considerations that could bear on where such a fee would be set?
How should slots be allocated to passport courier firms?
Are you aware of other allocation systems?
The Department did not receive any actionable suggestions in
response to the above questions. Those who referenced the questions
left it to the Department to decide and five respondents noted that a
fee charged for registration or per slot would result in companies
raising the service fees for customers. Five respondents were not
opposed to a nominal charge to register. One commenter responded: We
understand that there is no easy answer to this question, as each
current courier, big or small would appreciate the opportunity to
maintain the same level of or increased the number of slots. As this
change would have a profound impact on all companies in the Hand-Carry
Program, we recommend further dialogue from the Department of State so
an equitable resolution can be reached which benefits all groups, as
well as, maintain the level of service provided by the Department of
State. Our hope is that a decision is not made unless data has been
gathered, research achieved and an open dialogue has occurred, where
all voices can be heard.
Two respondents stated that courier companies should have an
unlimited number of slots while five other companies wanted an increase
in the number of slots. Another courier company commented: Our only
suggestion is to increase or standardize the number of slots each
agency allots to help us with the increasing demands of passports.
Based on the courier company being held to application preparation
standards and reviews, we think that the Passport Agency should want to
increase the usage of our process to reduce the number of application
errors.
Passport agencies' resources are utilized to serve customers who
apply in person at a passport agency, to process applications of
customers who apply at a passport acceptance facility or renew through
the mail, and to process applications submitted by registered courier
companies. The priority is to serve customers with urgent travel who
apply in person. Passport agencies assign resources to each of these
workflows based upon historical data and demand projections to best
meet the needs of U.S citizens, particularly those with immediate
travel. The total number of slots established is based upon available
resources and workload. The passport agency must be able to
simultaneously provide continued and uninterrupted service to
applicants who are not utilizing hand delivery services.
New Proposed Provisions
In Subpart A, Requirements for Courier Companies, the Department
proposes the addition of paragraph (d) to Sec. 54.20, Courier company
registration. (The proposed paragraph (d) in the NPRM will become
paragraph (e)). The new text is as follows:
(d) Courier companies must register all company employees who hand
deliver passport applications and documents to a passport agency and
retrieve issued passports.
This provision explicitly includes the overarching requirement that
individuals employed by courier companies be registered. This
requirement would give Passport Services greater visibility and
oversight of those who provide hand-carry services by ensuring that the
Department can readily identify individuals who are authorized to
transport and deliver passport applications and to retrieve issued
passports at a given agency. The registration of courier employees by
Passport Services thus provides customers with greater security and
assurance as to who is in possession of their documents and passports
at all times, as well as greater protection against the potential for
fraud and malfeasance.
Passport Services has experienced over the years a number of
instances of lost passport applications, passports and citizenship
documents. A key aspect of the agreement to employ a registered courier
with registered employees is that the courier company itself will
securely handle (and be responsible for) all of a customer's
documents--including passports, application forms, citizenship
certificates and other documents containing private personal
information--from the start of the application process to its
conclusion. For years, applicants have complained about being unaware
of who actually has their documents and how they were lost. Since 2014,
Passport Services has tracked all courier incidents and violations
which helped drive this decision.
Additionally, in Subpart C, Courier Company and Employee Conduct,
the Department proposes a new provision in Sec. 54.30, Requirements
for registered courier companies and employees, consisting of new
subparagraphs (c)(18)
[[Page 46106]]
and (c)(19) which would read as follows:
(c) While the Department may exercise discretion in assessing
penalties for each violation, examples of violations which may trigger
penalties ranging from a written warning to a permanent ban include but
are not limited to:
* * * * *
(18) Obtaining appointments. Obtaining appointments is strictly
prohibited, because appointments at passport agencies and centers
remain, as always, strictly reserved for the public to make use of.
``Obtaining'' is defined as any courier company/employee that directly
or indirectly acquires, holds or otherwise secures access to an ``in
person appointment'' at a passport agency and/or center. Such
violations merit a response up to and including immediate cancellation
of the Company's and employee's registration, which will be effective
when notice is given in writing to the Company.
(19) Selling appointments. Selling appointments is strictly
prohibited. ``Selling'' is defined as any courier company/employee that
obtains an ``in person appointment'' at a passport agency and/or center
and directly or indirectly furnishes the appointment to an individual
in exchange for payment. Such violations merit a response up to and
including immediate cancellation of the Company's and employee's
registration, which will be effective when notice is given in writing
to the Company.
Passport agencies and centers that work with couriers have
dedicated offices and submissions workstreams only for couriers.
Unfortunately, Passport Services has had experiences with couriers, who
in order to circumvent their set daily submissions, have attempted to
obtain appointments through our dedicated line for the general public.
In addition to detracting from the public's ability to access passport
services freely and directly, once obtained these companies would also
charge citizens for an appointment slot. During the COVID pandemic,
complaints about these practices rose to the level that Passport
Services' system became back-logged. The Department will not tolerate
this conduct. The Department provides a dedicated channel and
workstream process for couriers. One of Passport Services' key
priorities while providing this dedicated channel has been to avoid
detracting from the resources and level of service devoted to meeting
the general public's travel needs, including the ability to obtain in-
person appointments at passport agencies and centers. Courier companies
who go outside of the dedicated channels and processes for couriers by
obtaining appointments detract from the public's ability to access
passport services directly.
The proposed rules in Part 54 do not convey any property rights on
a courier company. Therefore, obtaining an appointment or selling or
attempting to sell a company's appointment is improper and may result
in penalties.
Regulatory Findings
Administrative Procedure Act
The Department published this rulemaking as a proposed rule and
provided 60 days for public comment. The Department is providing an
additional 60 days for public comment on this supplemental NPRM.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Impacts
The Department certifies that this rule will not have a significant
economic impact on a substantial number of small entities as defined in
5 U.S.C. 601(6), as the rule affects approximately 220 companies
participating in the Department's passport hand delivery program for
couriers. Please refer to the Regulatory Flexibility Act analysis in
the NPRM. The Department will continue to accept comment on that
analysis.
Unfunded Mandates Reform Act of 1995
This final 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 Act of 1995, 2
U.S.C. 1501-1504.
Executive Orders 12866 and 13563
The Office of Information and Regulatory Affairs has designated
this Supplemental NPRM as non-significant regulatory action under
Executive Order 12866.
The Department estimates that there are approximately 220
registered courier companies and that there are approximately 800
employees of registered courier companies who are permitted to provide
hand-carry services at passport agencies that participate in the
National Hand Carry Program. Please refer to the E.O. 12866 analysis in
the NPRM, 85 FR 73247.
Executive Order 12372 and 13132--Federalism
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 and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking does not have
tribal implications, does not impose substantial direct compliance
costs on Indian tribal governments, and does not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
The information collection contained in this rule is pursuant to
the Paperwork Reduction Act, 44 U.S.C. Chapter 35, and, if approved,
will be assigned an OMB Control Number. In the NPRM, the Department
published its 60-day notice for the Passport Hand Delivery Program for
Couriers information collection, related to proposed Department forms
DS-5338, Courier Company Registration Form, and DS-5539, Courier
Employee Registration Form. Although the 60 days provided for comment
on this new information collection has already run, the Department will
accept additional comments on this collection for 60 days (see DATES
section on Page 1 of this notice). Should this rulemaking be finalized,
the Department will provide a 30-day notice at that time.
List of Subjects in 22 CFR Part 54
Passports, Administrative practice and procedure.
Accordingly, for the reasons stated in the preamble, 22 CFR part 54
is proposed to be added as follows:
PART 54--PROCEDURES FOR REGISTERED COURIERS
Subpart A--General.
54.10 Purpose.
54.11 Definitions.
Subpart B--Requirements for courier companies.
54.20 Courier company registration.
54.21 Submitting applications to a participating passport agency.
54.22 Allocation of slots.
[[Page 46107]]
Subpart C--Courier company and employee conduct.
54.30 Requirements for registered courier companies and employees.
54.31 Administrative review of restrictive actions.
Authority: 22 U.S.C. 2651a; 22 U.S.C. 211a, 213; 22 U.S.C.
2670; E.O. 11295, 31 FR 10603 (1966).
Subpart A--General
Sec. 54.10 Purpose.
To facilitate the processing of passport applications and promote
fair and efficient use of Department of State (the Department)
resources, this part establishes certain procedures for courier
companies used by applicants residing in the continental United States
at participating domestic passport agencies to hand deliver their
passport applications and obtain issued passports.
Sec. 54.11 Definitions.
For the purposes of this part, the following definitions apply:
(a) Categorical limits refer to the restrictions on slot service
type. The Department may alter categorical limits at each passport
agency at its discretion, consistent with the provisions of Sec.
54.22.
(b) Courier company refers to a private-sector entity that charges
a passport applicant a service fee for hand delivering his or her
passport application to a domestic U.S. passport agency and retrieving
the completed passport and/or related documents on behalf of the
applicant. The service fee charged by a courier company is in addition
to the passport fees collected by the Department of State for
processing a passport application.
(c) Customer refers to any passport applicant for whom a courier
company provides hand delivery services.
(d) Employee refers to any individual who, under the usual common
law rules applicable in determining the employer-employee relationship,
has the status of an employee, as well as any individual who performs
services for remuneration, for a courier company.
(e) Hand delivery services refers to the written authorization
given by an applicant to a courier company to deliver a passport
application to the Department for processing, to correspond with the
Department about the passport application, and to retrieve an issued
passport and supporting documentation on behalf of the applicant.
(f) National Courier Program refers to those domestic passport
agencies that permit courier companies to hand-deliver passport
applications and retrieve completed passports at their agencies,
courier companies and employees who are registered at participating
domestic passport agencies, and the requirements and procedures that
must be followed in order for a registered courier company to hand
deliver passport applications and retrieve completed passports at a
passport agency.
(g) Owner refers to a corporation, S corporation, partnership, and
association, as well as a natural person who owns a courier company.
(h) Registration to provide hand delivery services refers to the
written permission given by the Department to a courier company to
perform hand delivery services for passport applicants at a
participating domestic passport agency or agencies.
(i) Slot(s) refers to the daily maximum number of passport
applications by service type (i.e., Same-Day, Two-Day, Three-Day, and
Expedited Mail-Outs) that the Department permits a courier company to
hand deliver at a passport agency. A slot is a privilege; it does not
constitute property and the courier company to which it is temporarily
allocated does not obtain a protected property interest. Slots may be
granted, withdrawn, or reallocated by the Department at its discretion
consistent with the provisions of Sec. 54.22.
(j) Wait list refers to the list maintained by the Department that
ranks the order of courier companies that applied to register with the
Department pursuant to Sec. 54.20 but did not receive slots.
Subpart B--Requirements for courier companies
Sec. 54.20 Courier company registration.
(a) A list of passport agencies participating in the Department's
National Courier Program will be provided on the Department's website,
travel.state.gov. This list is subject to change at the Department's
discretion.
(b) The Department will determine which passport agencies will
participate and the number of courier companies that may be registered
at any given time on an annual basis, consistent with Sec. 54.22. A
courier company that does not receive registration in a calendar year
may be placed on a wait list in rank order, based on the time and date
the Department received the courier company's registration documents.
(c) Only courier companies that are registered at a passport agency
may hand deliver passport applications and pick up issued passports
and/or related documents on behalf of the applicants. Non-registered
courier companies are prohibited from hand delivering passport
applications to a passport agency.
(d) Courier companies must register all company employees who hand
deliver passport applications and documents to a passport agency and
retrieve issued passports and/or related documents.
(e) To register, a courier company must submit a registration
package to the Department that includes:
(1) Courier company and employee identifying information;
(2) A certification that the courier company owner:
(i) does not have a record of either a federal or state felony
conviction, or a misdemeanor conviction for embezzlement, identity
theft, misappropriation, document fraud, or dishonesty in carrying out
a responsibility involving public trust;
(ii) is not currently under indictment for a felony or a
misdemeanor for embezzlement, identify theft, misappropriation,
document fraud, or dishonesty in carrying out a responsibility
involving public trust;
(3) Certifications that each employee performing hand-carry
services:
(i) is legally authorized to work in the United States;
(ii) does not have a record of either a federal or state felony
conviction, or a misdemeanor conviction for embezzlement, identity
theft, misappropriation, document fraud, or dishonesty in carrying out
a responsibility involving public trust;
(iii) is not currently under indictment for a felony, or a
misdemeanor for embezzlement, identify theft, misappropriation,
document fraud, or dishonesty in carrying out a responsibility
involving public trust; and
(4) Certifications that each courier company:
(i) is enrolled in the Department of Homeland Security's E-Verify
System;
(ii) provides notice in writing to each customer as to whether or
not the courier company maintains liability insurance that would cover
losses to customers resulting from action or inaction on the part of
courier company owners or employees.
(5) Courier companies must also certify that the company maintains
a Drug Free Workplace by:
(i) Publishing a statement notifying its employees that the
unlawful manufacture, distribution, dispensation, possession, or use of
a controlled substance is prohibited in the company's workplace, and
specifying the actions that will be taken against
[[Page 46108]]
employees for violations of such prohibition;
(iii) Establishing an ongoing drug-free awareness program to inform
its employees about--
(A) The dangers of drug abuse in the work place;
(B) The company's policy of maintaining a drug-free workplace;
(C) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(D) The penalties that may be imposed upon employees for drug abuse
violations in the workplace.
(iv) Providing all employees with a copy of the statement required
by (5)(i) of this section;
(v) Notifying its employees in writing about--
(A) The company's policy of maintaining a drug-free workplace;
(B) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(C) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(vi) Notifying all employees in writing, that as a condition of
employment, the employee will--
(A) Abide by the terms of the statement required by (5)(i) of this
section; and
(B) Notify the employer in writing of the employee's conviction
under a criminal drug statute for a violation occurring in the
workplace no later than five days after such conviction;
(vii) Notifying the Department in writing within ten days after
receiving notice of an employee's conviction under a criminal drug
statute for a violation occurring in the workplace. The notice shall
include the position title of the employee;
(viii) Within 30 days after receiving notice under (5)(v) of this
section of a conviction, taking one of the following actions with
respect to any employee who is convicted of a drug abuse violation
occurring in the workplace:
(A) Taking appropriate personnel action against such employee, up
to and including termination; or
(B) Requiring such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes
by a Federal, State, or local health, law enforcement, or other
appropriate agency.
(6) A copy of proof of the company's registration with the city or
state, such as a valid business tax certificate or license, issued by
the competent state or city authority, as appropriate, where each
passport agency at which the company wishes to register with is
located. For example, if a company wishes to register at the San
Francisco Passport Agency, the company must submit a valid San
Francisco Business Registration Certificate.
(i) The Department will only allow the company name listed on the
business tax certificate or license, including the ``doing business
as'' (DBA) name when appropriate, to register.
(ii) The owner(s) listed on these documents must match the owner(s)
listed on the courier company's registration.
(f) The Department will not register a courier company with
outstanding judgments that were based on illegal business practices, or
a courier company that is owned or operated by an individual who has
owned or operated a courier company that was permanently banned from
hand delivering passport applications to a passport agency.
(g) A courier company must notify the Department in writing and
within 14 calendar days of any changes to the responses provided on or
in support of company or employee registrations, including changes in
ownership, acquisition, merger, or ``doing business as'' (DBA) name, as
well as company and employee eligibility certifications. The successor
courier company must resubmit a new registration package, including
employee certifications, under the new courier company's name. Slots
are not a property interest and are not transferrable. Courier
companies and employees must remain eligible to participate in the
Department's National Courier Program at all times.
(h) The Department may in its discretion cancel the registration of
any registered courier company that fails to submit a completed
passport application, using their allotted slots, within 30 consecutive
calendar days. The cancellation is effective the day the Department
sends written notification to the courier company.
Sec. 54.21 Submitting applications to a participating passport
agency.
(a) A courier company must be registered at each participating
passport agency where it performs hand delivery services. Courier
companies that attempt to hand deliver passport applications at a
passport agency where they are not registered are subject to permanent
ban from participation in the Department's National Courier Program, at
the Department's discretion.
(b) Each passport application hand delivered to a participating
passport agency by a registered courier company must include:
(i) a letter of authorization permitting the registered courier
company to deliver the passport application, correspond with the
Department about the passport application, and retrieve the issued
passport and associated documents.
(ii) documentation showing that the passport applicant is departing
the United States within 14 calendar days or needs a passport within
four weeks to obtain a foreign visa.
(c) When picking up passports and supporting documentation at the
passport agency, courier company employees must show valid government-
issued photo identification.
(d) Courier companies must return undeliverable passports and
supporting documentation within 14 calendar days of pick-up to the
passport agency that issued the passports.
(e) A courier company must notify applicants within 24 hours of
becoming aware of any passports and/or passport applications that are
damaged, lost, or stolen while in the courier company's possession.
(f) A courier company must not make, accept, maintain, or submit
copies of passports, passport applications, or supporting
documentation, except as provided in procedures established by the
Department described in subsection (g).
(g) In addition to these regulations, the Department may establish
hand delivery procedures for registered couriers that are consistent
with the requirements contained in this part. Courier companies and
their employees that fail to follow these procedures may be subject to
the penalties described in Sec. 54.30. The Department will provide
these procedures in writing to registered courier companies, and send
written notification to registered courier companies of any updates to
these procedures at least 30 calendar days in advance of implementing
changes.
Sec. 54.22 Annual company registration and allocation of slots.
(a) The Department will determine the total number of slots
available to courier companies and establish categorical limits.
(b) During the annual registration period, company owners must
submit a DS-5538 for themselves and a DS-5539 form for each designated
employee with all requested information and supporting documentation.
Registration will be on a first-come, first-served basis, until the
maximum number of registered companies at a passport agency has been
reached. A company's rank order will be determined according to the
date and time that the Department
[[Page 46109]]
received a company's complete registration submission. The Department
will not process any incomplete submission nor will it retain partial
documents.
(c) Slots will be distributed equally among registered courier
companies.
(d) The Department will, at least once per year, reassess workload,
resources, slot allocation, slot usage, the number of registered
courier companies, and the number of wait-listed courier companies to
determine whether slots or categorical limits should be increased,
decreased, or redistributed. The Department will send written notice to
affected courier companies of any changes to the courier company's slot
allocation or categorical limits at least 30 calendar days in advance
of implementing such changes.
(e) If additional slots become available, they will be allocated to
courier companies in the order dictated by the wait list. Wait-listed
courier companies must confirm they will accept the available slots and
send written notice to the Department of any updates to their
registration submissions within 30 calendar days. Wait-listed courier
companies will not be permitted to perform hand delivery services until
their registration is updated and acknowledged by the Department in
writing. Wait-listed courier companies that fail to provide such
documentation in the required timeframe will forfeit the available
slots, and the Department will then make the slots available to the
next courier company on the wait list.
(f) If no courier companies are on a wait list, any additional
slots that become available at a passport agency will be distributed
among courier companies registered at the passport agency according to
their date of registration, with the oldest registered courier company
receiving slots first.
(g) Courier companies that submit more applications than their
allocated slots or categorical limits permit, or otherwise attempt to
circumvent their submission maximums in any way, may face restrictions
in their registration, as provided in Sec. 54.30.
Subpart C--Courier company and employee conduct
Sec. 54.30 Requirements for registered courier companies and
employees.
(a) Courier companies are responsible for their employees' conduct
and for ensuring that their employees do not violate the rules set
forth in this part or the Department's hand delivery procedures for
registered couriers described in subsection 54.21(g). Courier companies
must immediately report any employee conduct that violates this part or
the Department's hand delivery procedures for registered couriers
described in subsection 54.21(g) to the Department. Failure to do so
may result in penalties in accordance with this section.
(b) Failure to follow any of the requirements of this part or the
Department's hand delivery procedures for registered couriers described
in subsection 54.21(g) may result in the courier company and/or
employee receiving a warning, suspension, cancellation of registration,
or permanent ban from the Department's National Courier Program. Where
a particular action arises, which in the Department's view, compromises
the integrity of the program, passport application, or issued passport
in a manner not described in this document, the Department will take
action at its discretion. The Department will notify the courier
company and/or employee of relevant penalties in writing. The
notification will set forth the specific reasons for the penalty and
the procedures for review available under Sec. 54.31.
(c) While the Department may exercise discretion in assessing
penalties for each violation, examples of violations which may trigger
penalties ranging from a written warning to a permanent ban include but
are not limited to:
(1) Failing to abide by submission, pick-up, or waiting room
conduct requirements--Failing to abide by any of the submission or
pick-up requirements outlined in this part or the Department's hand
delivery procedures for registered couriers described in subsection
54.21(g).
(2) Copying passport applications--Making copies of and/or faxing
passport applications or supporting materials, except as provided in
the Department's hand delivery procedures for registered couriers
described in subsection 54.21(g).
(3) Submitting courier company checks that cannot be cashed--
Submitting a courier company check that is returned for any reason.
(4) Attempting to circumvent slot or categorical limits--Attempting
to circumvent or bypass slot or categorical limits by any means.
(5) Selling or swapping slots--Attempting to sell or swap slots
between courier companies.
(6) Providing misleading information regarding a courier company's
relationship with the Department--Implying, misrepresenting, or
misleading in speech, print, electronic, or any other form of
communication, a courier company's relationship or status with a
particular passport agency or the Department. A courier company may
state that it is ``registered'' at a particular passport agency, but
may not state that it is ``authorized'' or ``approved by'' the U.S.
government, the Department, or a particular passport agency. Use of the
Department official seal (or the Great Seal of the United States, the
obverse of which is depicted on the covers of U.S. passports) is
strictly prohibited.
(7) Providing misleading information regarding a courier company's
ability to expedite applications or issue passports--Implying,
misrepresenting, or misleading in speech, print, electronic, or any
other form of communication, that the courier company is able to have
an applicant's passport processed more quickly than if the applicant
applied directly at a passport agency; or that the courier company
executes, adjudicates, or prints passports. All applicants receive the
same timeliness of service by the Department based on the urgency of
travel needs.
(8) Returning undeliverable passports and supporting documentation
to a passport agency after 14 days--Failing to return undeliverable
passport(s) and supporting documentation within 14 calendar days of
pickup to the passport agency that issued the passport when the
applicant cannot be located.
(9) Leaving passport application materials or passports
unattended--Losing control of passport applications, passports,
correspondence, or supporting documentation while such documents are in
the custody of a courier company.
(10) Failing to protect an applicant's personal information--
Compromising the privacy and integrity of an applicant's personal
information, including but not limited to selling an applicant's
personal information to a third party, sharing it with a third party,
or buying it from a third party; and/or failure to notify an applicant
that his or her personal information has been lost, stolen, or possibly
compromised.
(11) Tampering with passport application materials--Tampering with
a passport application or misrepresenting facts pertaining to an
application. This includes, but is not limited to:
a. Signing a passport application, a supporting document, or a
letter of authorization on behalf of another individual;
b. Providing any other false information affecting passport
application processing or issuance, including a fake itinerary;
[[Page 46110]]
c. Opening a sealed envelope containing an executed passport
application; or
d. Providing a photo of an individual other than the applicant.
(12) Depositing applicant funds into account--Depositing funds
intended for the Department or any passport agency into a business or
personal account.
(13) Retaining an application five days after its execution or
signature--Failing to timely submit passport applications to a passport
agency after an applicant's personal appearance before a passport
acceptance agent in accordance with 22 CFR 51.21(a), or after the
applicant signs a renewal passport application in accordance with 22
CFR 51.21(b).
(14) Executing an application--Executing a passport application for
an applicant.
(15) Coaching fraudulent information--Coaching applicants to
provide fraudulent or misleading information on or in support of a
passport application. This includes, but is not limited to:
i. Knowingly directing an individual to engage fraudulent notarial
services or to produce a fake travel itinerary; and/or
ii. Coaching an individual to make a fraudulent statement on any
document submitted to a passport agency or sign a document submitted
with a passport application on behalf of another individual.
(16) Failure to report changes in ownership--Failing to report
changes in ownership of a courier company. This includes continuing to
do business under the name and registration of the previous courier
company or owner without notifying the Department.
(17) Providing false information on a registration form/failure to
report material changes--Submitting false or misleading information or
failing to report material changes to responses provided on or in
support of a courier company or employee registration form.
(18) Obtaining appointments--Obtaining appointments is strictly
prohibited, because appointments at passport agencies and centers
remain, as always, strictly reserved for the public to make use of.
``Obtaining'' is defined as any courier company/employee that directly
or indirectly acquires, holds or otherwise secures access to an ``in
person appointment'' at a passport agency and/or center. Such
violations may result in immediate cancellation of the Company's and
employee's registration, which will be effective when notice is given
in writing to the Company.
(19) Selling appointments--Selling appointments is strictly
prohibited. ``Selling'' is defined as any courier company/employee that
obtains an ``in person appointment'' at a passport agency and/or center
and directly or indirectly furnishes the appointment to an individual
in exchange for payment. Such violations may result in immediate
cancellation of the Company's and employee's registration, which will
be effective when notice is given in writing to the Company.
Sec. 54.31 Administrative review of restrictive actions.
(a) A courier company and/or employee whose registration has been
suspended, cancelled, or permanently banned may send a written request
for an administrative review to the Department within 14 calendar days
of receipt of the notice of such restrictive action. The request must
include a written, sworn statement or declaration submitted under
penalty of perjury, describing the events at issue and providing
reasons that the courier company and/or employee believes it/he/she
should not be found in violation of the requirements of this part and/
or the Department's hand delivery procedures for registered couriers
described in subsection 54.21(g).
(b) Upon examining the materials provided by the courier company
and/or employee and the relevant documentation of the incident
forwarded by the passport agency, a review board consisting of at least
three members of the Department will submit a written recommendation to
the Managing Director for Passport Issuance Operations. After reviewing
the request for an administrative review and the recommendation of the
review board, the Managing Director for Passport Issuance Operations
will decide whether to uphold the suspension, cancellation, or
permanent ban of the courier company's and/or employee's registration
to provide hand delivery services.
(c) The Department will promptly notify the courier company and/or
employee of the decision in writing. If the decision upholds the
Department's action, the notification will contain the reasons for the
decision. The decision is final and not subject to further
administrative review.
Courtney M. Massey,
Acting Deputy Assistant Secretary for Passport Services, Department of
State.
[FR Doc. 2025-18567 Filed 9-24-25; 8:45 am]
BILLING CODE 4710-06-P