Passports; Procedures for Passport Couriers, 73244-73252 [2020-24538]
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Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Proposed Rules
§ 3555.151
Eligibility requirements.
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(h) * * *
(2) The repayment ratio may exceed
the percentage in paragraph (h)(1) of
this section when certain compensating
factors exist. The handbook, HB–1–
3555, Appendix I, located at https://
www.rd.usda.gov/sites/default/files/
hb-1-3555.pdf, will provide examples
of when a debt ratio waiver may be
granted. The automated underwriting
system will consider any compensating
factors in determining when the
variance is appropriate. Loans
downgraded in the automated
underwriting system which must be
manually underwritten will require the
lender to document compensating
factors. The presence of compensating
factors does not strengthen a ratio
exception when multiple layers of risk
are present in the application.
Acceptable compensating factors,
supporting documentation, and
maximum ratio thresholds, will be
further defined and clarified in the
handbook. Compensating factors
include, but are not limited to:
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Elizabeth Green,
Acting Administrator, Rural Housing Service.
[FR Doc. 2020–24578 Filed 11–16–20; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF STATE
22 CFR Part 54
[Public Notice: 11237]
RIN 1400–AE37
Passports; Procedures for Passport
Couriers
Department of State.
Proposed rule.
AGENCY:
ACTION:
The Department of State (the
Department) proposes regulations to
continue a 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. The purpose of these proposed
rules is to continue the program that
was established by policy, to maintain
vigilance over the security of the
passport application process, 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.
SUMMARY:
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Written comments must be
received on or before January 19, 2021.
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 Regulatory Information Number
(RIN) 1400–AE37 or docket number
DOS–2020–0045.
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: ca-courierreg@state.gov. 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:
Karen A. Pizza, Office of Adjudication,
ca-courierreg@state.gov, (202) 485–
8800.
SUPPLEMENTARY INFORMATION:
DATES:
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Why is the Department proposing this
rule?
The mission of the Passport Services
directorate within the Bureau of
Consular Affairs, Department of State, is
to issue secure travel documents while
providing the highest level of customer
service, professionalism, and integrity.
Passport Services recognizes that some
applicants residing in the continental
United States who are using expedited
passport processing (22 CFR 51.56)
might want to hire a private courier
company to deliver their passport
applications to a domestic passport
agency for processing and to retrieve
their issued passports. This hand
delivery program for registered courier
companies recognizes that for these
domestic applicants with urgent travel
needs, peace of mind comes from the
additional support that a courier
company may offer. Accordingly, this
program is limited to applicants
requesting expedited passport
processing, and is available both to
applicants who are required to submit
an application by personal appearance
pursuant to 22 CFR 51.21 (i.e., a DS–11),
(and in these cases executed before a
designated passport acceptance agent
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pursuant to 22 CFR 51.22(b)), as well as
to applicants who may submit a renewal
passport application pursuant to 22 CFR
51.21(b) (i.e., a DS–82). As this program
applies only to domestic passport
agencies, its scope is limited to the
continental United States.
To facilitate the processing of
passport applications and promote fair
and efficient use of Department
resources, this rule formalizes
procedures for private domestic courier
companies that applicants use to
transport their passport applications
and issued passports to and from
domestic passport agencies. The
procedures proposed in this rulemaking
are a formalization and update of
practices and procedures already in
place, which are familiar to private
courier companies. These procedures
will be implemented by domestic
passport agencies participating in the
Department’s passport hand delivery
program for registered courier
companies.
How will the program work?
A courier company must be registered
at a passport agency before it may hand
deliver passport applications or
passports to or from that passport
agency. The courier company must be
registered with each passport agency at
which it proposes to offer hand delivery
services.
The Department will collect
identifying information from the courier
company for its registration and require
the courier company to certify that the
requirements set out in this proposed
rule are met by all of its employees who
will hand deliver passport applications
or passports. The Department will notify
a courier company and the passport
agency or agencies where its registration
is accepted, and the start date after
which it can provide hand delivery
services at each agency.
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 work flows 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 companies that
may be registered at each passport
agency will be established by the
Department and is based upon available
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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. Once
the total number of slots allotted for
registered companies has been filled, an
unregistered courier company may
request to be placed on the
Department’s waitlist. (A slot is the
daily maximum number of passport
applications that may be submitted to a
passport agency.)
What does the passport applicant do?
In general, domestic passport
applicants must apply for a passport
through the mail or at a passport
acceptance facility. Applicants with
urgent travel plans, as defined by
Passport Services on its website,
travel.state.gov, may apply in person at
a domestic passport agency or hire a
private courier company to submit their
applications to the passport agency.
Passport applicants using a form DS–
11 to apply for a passport must have the
application executed by a passport
acceptance agent (‘‘acceptance agent’’)
in accordance with 22 CFR 51.21(a).
Designated passport acceptance
facilities are listed on the Department’s
website at travel.state.gov. When an
applicant appears before an acceptance
agent (such as, for example, at a U.S.
Post Office), the applicant must inform
the acceptance agent whether he or she
intends to hire a courier company to
hand deliver the executed application to
a passport agency. As part of the
documentation provided to the
acceptance agent, an applicant using a
courier company must submit a letter of
authorization authorizing one registered
courier company to deliver the
application, respond to any
correspondence from the passport
agency concerning the application, and
retrieve the issued passport and
supporting documentation on the
applicant’s behalf. The acceptance agent
will seal the letter of authorization with
the executed passport application and
release the executed passport
application to the applicant, who can
then give the executed passport
application to a private courier
company registered to provide handcarry services at a passport agency.
Passport applicants using a form DS–
82 to apply for a renewal passport are
not required to have the application
executed by an acceptance agent.
Applicants wishing to use a registered
courier company to deliver the renewal
application to a passport agency must
submit a letter of authorization with
their application.
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Processing the Passport Application
A passport agency may only accept
hand delivered applications from a
courier company that is registered with
that passport agency. Individual
employees of the courier company must
be certified by the company in order to
hand deliver applications or issued
passports to or from the passport
agency. Each courier employee must
show valid government-issued photo
identification when delivering
applications or picking up passports
and/or supporting documentation from
a passport agency.
Continuing as a Registered Courier
Company
The proposed rule provides several
requirements that must be met by
companies and their employees to
participate in the program, and outlines
certain behaviors that could result in a
courier company being terminated from
the program. For example, a registered
courier company must immediately
notify the passport agency or agencies
with which it is registered of any
changes in courier company or
employee information submitted as part
of the registration process.
Failure to follow the requirements in
this proposed rule, including the
requirements in proposed § 54.30, could
result in a courier company losing its
registration temporarily or permanently
with the passport agency or agencies
where it is registered.
Although Passport Services would
like to enable urgently departing
citizens to have access to this optional
private service, the Department’s goal is
to maintain vigilance over the security
of the passport application process.
These uniform national procedures will
facilitate the Department’s efforts to
thwart attempts to distribute
misinformation to passport applicants,
or commit offenses such as fraud or
identity theft.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this
rule as a proposed rule, with a 60-day
provision for public comments.
Regulatory Flexibility Act/Executive
Order 13272: Small Business Impacts
The Department has reviewed this
rule and, by approving it, certifies that
the de minimis cost will not have a
significant economic impact on a
substantial number of small entities as
defined in 5 U.S.C. 601(6). However, to
better inform the public as to the costs
and burdens of this rule, the Department
notes that this regulation will affect the
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operations of approximately 370
companies participating in the
Department’s passport hand delivery
program for couriers in the following
ways. The Department welcomes
feedback on these estimates.
Numbers of Small Businesses
Currently, approximately 370 courier
companies and 1285 courier company
employees are registered across the 14
U.S. passport agencies that are already
participating in the program. Although
this regulation proposes a new system of
allocating slots on an annual first-come,
first-serve basis, the number of courier
companies registered in the program is
expected to remain relatively constant.
Companies in the program may include
private passport and visa service
expediting companies, courier and
messenger services, travel companies,
law firms, corporate travel departments,
and commercial photography services,
among others. We estimate that courier
companies in this program or seeking to
enroll in the program have less than
1,500 employees, well below the Small
Business Administration size standard.
Company and Employee Eligibility for
Registration
To register in this program, courier
companies are required to provide
contact information at participating
passport agencies at which they wish to
register on an annual basis. This
proposed rule will also require courier
company owners to certify that the
company has no judgments for illegal
business practices, that the owners and
employees are lawfully permitted to
work in the United States, do not have
a record of a felony, or any
misdemeanor related to mismanaging
funds, identity theft, and/or document
fraud, and that the owners and
employees are not under indictment for
such an offense. In addition, courier
company owners will be required to
submit 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. 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. The owner listed on the
supporting document(s) must match
that provided in the company’s
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registration at a passport agency. This
requirement is designed to prevent
companies from registering under
multiple fictitious names to acquire
more slots. This information will be
requested on the DS–5538 Courier
Company Registration Form. The costs
associated with registering a company
are estimated to require 20 minutes,
multiplied by 370 courier companies,
divided by 60 minutes, multiplied by
$76.17 weighted wage, or an annual
$9,394.30 hour burden cost, in addition
to the costs of printing two $.22 pages
of the DS–5538 Courier Company
Registration Form, making a $.22
photocopy of a government-issued
photo identification card, and making a
$.22 photocopy of a valid business
license, or a total additional cost of
$325.60 annually. The business license
photocopies will be a new cost.
Employees trusted with delivering
applications and retrieving issued
passports and supporting materials are
currently required to provide their
contact information at the passport
agencies where they register to perform
hand delivery services. Employees may
not submit applications on behalf of
another courier company. Thus, an
employee may only be registered to
submit applications for one company;
however, a company may register more
than one of its employees at a passport
agency. This requirement is to ensure
that the Department can readily identify
eligible courier company employees
who are authorized to hand deliver
passport applications and retrieve
completed passports at a passport
agency, and to mitigate a common
practice among some courier companies
in which they register employees from
other companies to provide these
services on their behalf. Such
employees and/or the company owners
will be required to certify that they do
not have a record of a felony, or any
misdemeanor related to mismanaging
funds, identity theft, document fraud,
and are not under indictment for such
an offense. Courier companies will also
have to certify that they participate in
the Department of Homeland Security’s
E-verify program, maintain a drug free
work place and provide notice in
writing to each customer as to whether
or not the courier company maintains
liability insurance. Employers must
certify that the employee is legally
authorized to work in the United States.
In addition, employers are required to
certify that the employee is not subject
to a felony, or any misdemeanor related
to mismanaging funds, identity theft,
and/or document fraud. This
information will be requested on the
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DS–5539 Courier Employee Registration
Form. The costs associated with
registering an employee are estimated to
require 40 minutes, multiplied by
approximately 1285 employees, divided
by 60 minutes, multiplied by $20.19
weighted wage, or an annual $17,296.10
hour burden cost, plus additional costs
of printing two $.22 pages of the DS–
5539 Courier Employee Registration
Form, and making a $.22 photocopy of
a government-issued photo
identification card, or a total additional
cost of $848.10 annually.
The costs associated with
participating in the Department of
Homeland Security’s E-verify program
will vary based on the number of
employees a courier company has.
There is no fee to participate in the
program; however, a courier company
owner or manager will need to spend
time registering for the program,
learning to use the system, reviewing
the Memorandum of Understanding
signed as part of the program, and
entering employee data into the E-verify
system. Therefore, the estimated cost of
participating in the program is $406.23
per company, plus an additional $30.46
per each employee whose information
the company must enter into the everify system. These costs multiplied by
370 courier companies with
approximately 1285 employees is
$189,446.20 annually.
The costs associated with complying
with the requirements contained in the
Drug Free Work Place Act, 41 U.S.C.
8102, include developing a policy to
maintain a drug free workplace,
providing written notice to employees
of the company’s policy, providing
employees with a drug free workplace
awareness program, and reporting
violations of the drug free workplace
policy to the Department. The estimated
cost of developing the drug free
workplace awareness program and
conducting training for employees is
$182.73 per company and $13.91 per
employee. That cost multiplied by 370
courier companies with approximately
1285 employees is $85,484.35 annually.
The estimated cost of printing the one
page notice of the drug free work place
policy is $.22 per page. Since the notice
must be provided to an estimated 1285
employees, the total cost is $282.70
annually.
Company Participation
Registered companies participating in
this program are required to deliver a
DS–4283 Courier Drop-Off List with
each set of applications delivered to a
passport agency. The information
provided on these forms assists the
Department in tracking the intake of
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applications and materials delivered by
courier companies to a passport agency.
The costs associated with providing
these forms are estimated to require 10
minutes, multiplied by 238,554 lists
received in 2018, divided by 60
minutes, multiplied by $20.19 weighted
wage for employees, or an annual
$802,734 hour burden cost, plus
additional costs of printing one $.22
page of the DS–4283 Courier Drop-Off
List, multiplied by 238,554 DS–4283
Courier Drop-Off List Forms received by
the Department in 2018, or a total
additional estimated cost of $52,482
annually. This is not a new cost. The
DS–4283 is currently in use, approved
under the Paperwork Reduction Act
(Office of Management and Budget
(OMB) Control No. 1405–0222).
Unfunded Mandates Reform 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, 2 U.S.C. 1501–1504.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by 5 U.S.C. 804 for the purposes
of Congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801–808). This rule will
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 U.S.-based companies to
compete with foreign-based companies
in domestic and export markets.
Executive Order 12866 and 13563
The Department has reviewed this
rule to ensure its consistency with the
regulatory philosophy and principles set
forth in the Executive orders and
submitted the rule to the Office of
Management and Budget’s Office of
Information and Regulatory Affairs.
The Department requires company
owners and employees to submit
documentation of their eligibility to
participate in the program, including
the submission of 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
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agency at which the company wishes to
register with is located. The Department
believes that companies already register
their business with the city or state in
which they provide products or services
in the course of their normal business
practices. As a result, the cost to
companies of providing a photocopy is
minimal. This requirement will help the
Department ensure greater fairness in
the distribution of slots by preventing
companies from registering under
multiple fictitious names and unfairly
obtain additional slots. The cost of
obtaining a photocopy of proof of city or
state registration is estimated at $.22 per
copy, multiplied by approximately 370
respondents, or a $81.40 new cost.
The costs associated with registering
a company are estimated to require 20
minutes, multiplied by 370 courier
companies, divided by 60 minutes,
multiplied by $76.17 weighted wage, or
an annual $9,394.30 hour burden cost,
in addition to the costs of printing two
$.22 pages of the DS–5538 Courier
Company Registration Form, making a
$.22 photocopy of a government-issued
photo identification card, and making a
$.22 photocopy of a valid business
license, or a total additional cost of
$325.60 annually.
The costs associated with registering
an employee are estimated to require 40
minutes, multiplied by approximately
1285 employees, divided by 60 minutes,
multiplied by $20.19 weighted wage, or
an annual $17,296.10 hour burden cost,
plus additional costs of printing two
$.22 pages of the DS–5539 Courier
Employee Registration Form, and
making a $.22 photocopy of a
government-issued photo identification
card, or a total additional costs of
$848.10 annually.
The costs associated with
participating in the Department of
Homeland Security’s E-verify program
will vary based on the number of
employees a courier company has.
There is no fee to participate in the
program; however, a courier company
owner or manager will need to spend
time registering for the program,
learning to use the system, reviewing
the Memorandum of Understanding
signed as part of the program, and
entering employee data into the E-verify
system. Therefore, the estimated cost of
participating in the program is $406.23
per company, plus an additional $30.46
per each employee whose information
the company must enter into the Everify system. These costs multiplied by
370 courier companies with
approximately 1285 employees is
$189,446.20 annually.
The costs associated with complying
with the requirements contained in the
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Drug Free Work Place Act, 41 U.S.C.
8102, include developing a policy to
maintain a drug free workplace,
providing written notice to employees
of the company’s policy, providing
employees with a drug free workplace
awareness program, and reporting
violations of the drug free workplace
policy to the Department. The estimated
cost of developing the drug free
workplace awareness program and
conducting training for employees is
$182.73 per company and $13.91 per
employee. That cost multiplied by 370
courier companies with approximately
1285 employees is $85,484.35 annually.
The estimated cost of printing the one
page notice of the drug free work place
policy is $.22 per page. Since the notice
must be provided to an estimated 1285
employees, the total cost is $282.70
annually.
Under E.O. 12866 and OMB Circular
A–4, agencies are encouraged to
consider alternative solutions to the
proposed regulatory action. The
Department of State considered, but is
not proposing at this time, allocating
available slots through an alternative
mechanism other than ‘‘first come, first
serve,’’ as described above. First, the
Department considered assigning a fee
to each slot in alignment with full cost
recovery to the Department of State, as
described in OMB Circular A–25 (‘‘A
user charge . . . will be assessed against
each identifiable recipient for special
benefits derived from Federal activities
beyond those received by the general
public.’’). A user fee would ensure that
the special benefits provided by being a
registered passport courier with access
to slots for passport application
submission would align with the costs
the Department of State incurs by
dedicating staff time and resources for
this service.
Additionally, the Department
considered, but does not propose,
allowing for distribution of slots
amongst couriers via annual auctioning,
permit trading, or other market-based
solutions. The Department of State
broadly solicits comment on its
approach, including the alternatives
discussed in this section, for how it will
allocate slots via this program. The
Department specifically seeks 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?
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• How should slots be allocated to
passport courier firms? Are you aware of
other allocation systems?
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 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 will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
preempt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Paperwork Reduction Act
The information collection contained
in this proposed rule is pursuant to the
Paperwork Reduction Act (PRA), 44
U.S.C. Chapter 35, and, if approved, will
be assigned an OMB Control Number.
As part of this rulemaking, the
Department is seeking comment on the
administrative burden associated with
this collection of information. This
proposed rule requires certain
collections of information and the
Department has submitted an
information collection request to OMB
for review and approval under the PRA.
This information collection will
provide a way for courier companies to
register with the Department to provide
hand delivery passport courier services
to the public. Note that OMB Control
No. 1405–0222, Courier Drop-Off List
for U.S. Passport Applications also
relates to this rulemaking.
(1) Type of Information Collection:
New.
(2) Title of the Form/Collection:
Passport Hand Delivery Program for
Couriers.
(3) Agency form numbers: DS–5538
Courier Company Registration Form,
DS–5539 Courier Employee Registration
Form, DS–4283 Courier Drop-off List.
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(4) Affected public: This information
collection will be used by courier
company owners and their employees.
(5) An estimate of the total number of
respondents: The Department estimates
a total of 370 respondents per year.
(6) An estimate of the total annual
public burden (in hours) associated with
the collection: The average burden
associated with the DS–5538 Courier
Company Registration Form information
collection is estimated to be 20 minutes
per respondent. As there are 370
registered companies, the Department
estimates the total annual burden for
this information collection to be 123.3
hours. The average burden associated
with the DS–5539 Courier Employee
Registration Form information
collection is estimated to be 40 minutes
per respondent, and 1285 employees
currently participate in the program.
Therefore, the Department estimates the
total annual burden for this information
collection to be 856.67 hours.
(9) Submit comments to both OMB
and the Department of State by the
following methods:
Office of Management and Budget
(OMB):
Æ Email: oira_submission@
omb.eop.gov. You must include the DS
form number, information collection
title, and the OMB control number in
the subject line of your message.
Æ Fax: 202–395–5806. Attention:
Desk Officer for Department of State.
Department of State:
• Web: Persons with access to the
internet may view this notice and
provide comments by going to the
regulations.gov website at: https://
www.regulations.gov/index.cfm. Search
for Docket No. DOS–2020–0045 or for
RIN number 1400–AE37.
• Mail: 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: cacourierreg@state.gov:—You must
include the DS form number,
information collection title, and the
OMB control number in any
correspondence.
(8) The Department seeks public
comment on:
• Whether the collection of
information is necessary for the proper
performance of the functions of the
Department, including whether the
information will have practical utility;
• the accuracy of the Department’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• the quality, utility, and clarity of
the information to be collected;
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• how to minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses;
• 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?
Abstract of proposed collection:
This information collection will
enable companies to register to
participate in the Department’s passport
hand delivery program for couriers, as
well as certify that they and their
employees meet the Department’s
requirements for the program.
Methodology:
The forms 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 rule.
List of Subjects in 22 CFR Part 54
Administrative practice and
procedure, Passports.
Accordingly, for the reasons stated in
the preamble, 22 CFR part 54 is
proposed to be added to read as follows:
PART 54—PROCEDURES FOR
REGISTERED COURIERS
Subpart A—General
Sec.
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 Annual company registration and
allocation of slots.
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, 3 CFR, 1966–1970 Comp., p. 570.
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Subpart A—General
§ 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.
§ 54.11
Definitions.
For the purposes of this part, the
following definitions apply:
(a) 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.
(b) 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.
(c) 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 § 54.22.
(d) 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
§ 54.22.
(e) 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 § 54.20 but did
not receive slots.
(f) National Courier Program refers to
those domestic passport agencies that
permit courier companies to handdeliver passport applications and
retrieve completed passports at their
agencies, courier companies, and
employees who are registered at
participating domestic passport
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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) Customer refers to any passport
applicant for whom a courier company
provides hand delivery services.
(h) Employee refers to any individual
who, under the usual common law rules
applicable in determining the employeremployee relationship, has the status of
an employee, as well as any individual
who performs services for remuneration
for a courier company.
(i) Owner refers to a corporation, S
corporation, partnership, and
association, as well as a natural person
who owns a courier company.
(j) 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.
Subpart B—Requirements for Courier
Companies
§ 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,
www.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
§ 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 completed 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) To register, a courier company
must submit a registration package to
the Department that includes:
(1) Courier company and employee
identifying information;
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(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;
and
(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;
and
(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;
and
(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
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
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73249
(D) The penalties that may be
imposed upon employees for drug abuse
violations in the workplace;
(iii) Providing all employees with a
copy of the statement required by
paragraph (d)(5)(i) of this section;
(iv) 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;
(v) Notifying all employees in writing,
that as a condition of employment, the
employee will—
(A) Abide by the terms of the
statement required by paragraph (d)(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;
(vi) 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; and
(vii) Within 30 days after receiving
notice under paragraph (d)(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.
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(ii) The owner(s) listed on these
documents must match the owner(s)
listed on the courier company’s
registration.
(e) The Department may 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.
(f) 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.
(g) The Department may 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.
§ 54.22 Annual company registration and
allocation of slots.
§ 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:
(1) 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.
(2) Documentation showing that the
passport applicant is departing the
United States within 14 calendar days
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19:46 Nov 16, 2020
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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 paragraph
(g) of this section.
(g) In addition to the regulations in
paragraphs (a) through (g) of this
section, 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
§ 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.
(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 form 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
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,
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Fmt 4702
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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 § 54.30.
Subpart C—Courier Company and
Employee Conduct
§ 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 § 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 § 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
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Department’s hand delivery procedures
for registered couriers described in
§ 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 part, 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
§ 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 § 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 § 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
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Jkt 253001
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:
(i) Signing a passport application, a
supporting document, or a letter of
authorization on behalf of another
individual;
(ii) Providing any other false
information affecting passport
application processing or issuance,
including a fake itinerary;
(iii) Opening a sealed envelope
containing an executed passport
application; or
(iv) 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
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73251
an applicant’s personal appearance
before a passport acceptance agent in
accordance with § 51.21(a), or after the
applicant signs a renewal passport
application in accordance with
§ 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.
§ 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 § 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
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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.
Carl Risch,
Assistant Secretary, Consular Affairs,
Department of State.
[FR Doc. 2020–24538 Filed 11–16–20; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Chapter I
IRS Review of Regulatory and Other
Relief To Support Economic Recovery
Internal Revenue Service,
Department of the Treasury.
ACTION: Request for comments.
AGENCY:
On May 19, 2020, the
President signed Executive Order 13924,
Executive Order On Regulatory Relief to
Support Economic Recovery, to direct
agencies to consider principles of
fairness in administrative enforcement
and adjudication and to consider
rescinding, modifying, or waiving any
regulations and other requirements that
may inhibit the ongoing economic
recovery from the Coronavirus Disease
2019 pandemic. In furtherance of E.O.
13924, this document invites members
of the public to submit comments to the
Internal Revenue Service concerning
regulations and other requirements that
can be rescinded, modified, or waived
to assist business and individual
taxpayers with the ongoing economic
recovery from the Coronavirus Disease
2019 pandemic.
DATES: Comment due date: January 4,
2021.
SUMMARY:
Interested persons are
invited to submit comments in response
to this notice according to the
instructions below. All submissions
should refer to the title of this
document, IRS Review of Regulatory
and Other Relief to Support Economic
Recovery.
ADDRESSES:
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19:46 Nov 16, 2020
Jkt 253001
Submission of Comments: Taxpayers
are strongly encouraged to submit
comments electronically via the Federal
eRulemaking Portal at
www.regulations.gov (type IRS Review
of Regulatory and Other Relief to
Support Economic Recovery in the
search field on the regulations.gov
homepage to find this notice and submit
comments). Alternatively, taxpayers
may mail comments to: Internal
Revenue Service, Attn: CC:PA: LPD:PR
(IRS Review of Regulatory Relief) Room
5203, P.O. Box 7604, Ben Franklin
Station, Washington, DC 20044.
The IRS expects to have limited
personnel available to process public
comments that are submitted on paper
through the mail. Any comments
submitted on paper will be considered
to the extent practicable.
Public Inspection of Comments: In
general, all comments received will be
available for public inspection on
www.regulations.gov. Once submitted to
the Federal eRulemaking Portal,
comments cannot be edited or
withdrawn.
FOR FURTHER INFORMATION CONTACT:
Kevin Gillin, IRS Office of Chief
Counsel, Procedure and Administration,
(202) 317–5403.
SUPPLEMENTARY INFORMATION: On May
19, 2020, the President signed Executive
Order 13924, Executive Order on
Regulatory Relief to Support Economic
Recovery. Section 6 of the Order directs
agencies to ‘‘consider the principles of
fairness in administrative enforcement
and adjudication’’ and consider
rescinding, modifying, or waiving any
regulations and other requirements that
may inhibit the ongoing economic
recovery from the Coronavirus Disease
2019 (COVID–19) pandemic ‘‘consistent
with applicable law and as they deem
appropriate in the context of particular
statutory and regulatory programs and
the policy considerations identified in
section 1 of this order.’’
Since the onset of COVID–19, and
consistent with E.O. 13924, the Internal
Revenue Service has taken numerous
steps to adjust its compliance and
enforcement practices to provide relief
to individual and business taxpayers
affected by the pandemic. The IRS has
issued guidance in the Internal Revenue
Bulletin designed to provide relief from
statutory and regulatory requirements.
In a series of Notices issued pursuant to
I.R.C. § 7508A, the IRS postponed
deadlines for filing tax returns and
making tax payments and extended the
deadlines for other time sensitive acts.
See, e.g., Notice 2020–18, Notice 2020–
20, and Notice 2020–23. The IRS also
provided regulatory relief such as in
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
Notice 2020–25, which sought to
maintain liquidity and stability in
markets by expanding the circumstances
and time periods in which a tax-exempt
bond that is purchased by its state or
local governmental issuer is treated as
continuing in effect without resulting in
a reissuance or retirement of the
purchased tax-exempt bond.
In May, the IRS also announced its
People First Initiative to pause
compliance and enforcement activity
with respect to millions of American
taxpayers by suspending the issuance of
liens and levies, suspending payment
dates under installment agreements, and
postponing the initiation of new
compliance actions.1 Most recently, the
IRS announced additional relief options
available to assist taxpayers
experiencing financial difficulties
which include abating penalties where
appropriate, extending payment plans,
expanding access to installment
agreements, and providing relief for
taxpayers having difficulty meeting the
terms of previously accepted offers to
settle tax debts.2 The IRS facilitated
taxpayer communication with the IRS
by allowing the use of images of
signatures and digital signatures by
taxpayers on statements and forms
collected by the IRS outside of standard
filing processes and the transmittal of
communications by electronic facsimile
and other secure electronic means.3 The
IRS set out procedures allowing
taxpayers to electronically fax forms
(new IRS Form 7200) seeking claims for
advance payments of the family and
sick leave credits provided for by
sections 7001 through 7004 of the
Families First Coronavirus Response
Act, Public Law 116–127, 134 Stat. 178
(Families First Act) 4 and claims for
refund due to carryback of net operating
losses and alternative minimum tax
under sections 2303 and 2305 of the
Coronavirus Aid, Relief, and Economic
Security Act, Public Law 116–136, 134
Stat. 281 (CARES Act) so that the IRS
could expedite processing of these
refund claims.5 To expedite taxpayer
requests for pre-enforcement rulings, the
IRS issued Revenue Procedure 2020–29
allowing taxpayers to submit requests
for advice such as letter rulings by
electronic means and encouraged
1 https://www.irs.gov/newsroom/irs-unveils-newpeople-first-initiative-covid-19-effort-temporarilyadjusts-suspends-key-compliance-program.
2 https://www.irs.gov/about-irs/irs-offers-newrelief-options-to-help-taxpayers-affected-by-covid19.
3 https://www.irs.gov/pub/foia/ig/spder/nhq-010620-0002.pdf.
4 https://www.irs.gov/instructions/i7200.
5 https://www.irs.gov/newsroom/temporaryprocedures-to-fax-certain-forms-1139-and-1045due-to-covid-19.
E:\FR\FM\17NOP1.SGM
17NOP1
]]>Agencies
[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Proposed Rules]
[Pages 73244-73252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24538]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 54
[Public Notice: 11237]
RIN 1400-AE37
Passports; Procedures for Passport Couriers
AGENCY: Department of State.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State (the Department) proposes regulations
to continue a 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. The purpose of these proposed rules is
to continue the program that was established by policy, to maintain
vigilance over the security of the passport application process,
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 January 19, 2021.
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 Regulatory Information Number (RIN) 1400-AE37 or
docket number DOS-2020-0045.
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: Karen A. Pizza, Office of
Adjudication, ca-couri[email protected], (202) 485-8800.
SUPPLEMENTARY INFORMATION:
Why is the Department proposing this rule?
The mission of the Passport Services directorate within the Bureau
of Consular Affairs, Department of State, is to issue secure travel
documents while providing the highest level of customer service,
professionalism, and integrity. Passport Services recognizes that some
applicants residing in the continental United States who are using
expedited passport processing (22 CFR 51.56) might want to hire a
private courier company to deliver their passport applications to a
domestic passport agency for processing and to retrieve their issued
passports. This hand delivery program for registered courier companies
recognizes that for these domestic applicants with urgent travel needs,
peace of mind comes from the additional support that a courier company
may offer. Accordingly, this program is limited to applicants
requesting expedited passport processing, and is available both to
applicants who are required to submit an application by personal
appearance pursuant to 22 CFR 51.21 (i.e., a DS-11), (and in these
cases executed before a designated passport acceptance agent pursuant
to 22 CFR 51.22(b)), as well as to applicants who may submit a renewal
passport application pursuant to 22 CFR 51.21(b) (i.e., a DS-82). As
this program applies only to domestic passport agencies, its scope is
limited to the continental United States.
To facilitate the processing of passport applications and promote
fair and efficient use of Department resources, this rule formalizes
procedures for private domestic courier companies that applicants use
to transport their passport applications and issued passports to and
from domestic passport agencies. The procedures proposed in this
rulemaking are a formalization and update of practices and procedures
already in place, which are familiar to private courier companies.
These procedures will be implemented by domestic passport agencies
participating in the Department's passport hand delivery program for
registered courier companies.
How will the program work?
A courier company must be registered at a passport agency before it
may hand deliver passport applications or passports to or from that
passport agency. The courier company must be registered with each
passport agency at which it proposes to offer hand delivery services.
The Department will collect identifying information from the
courier company for its registration and require the courier company to
certify that the requirements set out in this proposed rule are met by
all of its employees who will hand deliver passport applications or
passports. The Department will notify a courier company and the
passport agency or agencies where its registration is accepted, and the
start date after which it can provide hand delivery services at each
agency.
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
work flows 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 companies that may be registered at each
passport agency will be established by the Department and is based upon
available
[[Page 73245]]
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. Once the total
number of slots allotted for registered companies has been filled, an
unregistered courier company may request to be placed on the
Department's waitlist. (A slot is the daily maximum number of passport
applications that may be submitted to a passport agency.)
What does the passport applicant do?
In general, domestic passport applicants must apply for a passport
through the mail or at a passport acceptance facility. Applicants with
urgent travel plans, as defined by Passport Services on its website,
travel.state.gov, may apply in person at a domestic passport agency or
hire a private courier company to submit their applications to the
passport agency.
Passport applicants using a form DS-11 to apply for a passport must
have the application executed by a passport acceptance agent
(``acceptance agent'') in accordance with 22 CFR 51.21(a). Designated
passport acceptance facilities are listed on the Department's website
at travel.state.gov. When an applicant appears before an acceptance
agent (such as, for example, at a U.S. Post Office), the applicant must
inform the acceptance agent whether he or she intends to hire a courier
company to hand deliver the executed application to a passport agency.
As part of the documentation provided to the acceptance agent, an
applicant using a courier company must submit a letter of authorization
authorizing one registered courier company to deliver the application,
respond to any correspondence from the passport agency concerning the
application, and retrieve the issued passport and supporting
documentation on the applicant's behalf. The acceptance agent will seal
the letter of authorization with the executed passport application and
release the executed passport application to the applicant, who can
then give the executed passport application to a private courier
company registered to provide hand-carry services at a passport agency.
Passport applicants using a form DS-82 to apply for a renewal
passport are not required to have the application executed by an
acceptance agent. Applicants wishing to use a registered courier
company to deliver the renewal application to a passport agency must
submit a letter of authorization with their application.
Processing the Passport Application
A passport agency may only accept hand delivered applications from
a courier company that is registered with that passport agency.
Individual employees of the courier company must be certified by the
company in order to hand deliver applications or issued passports to or
from the passport agency. Each courier employee must show valid
government-issued photo identification when delivering applications or
picking up passports and/or supporting documentation from a passport
agency.
Continuing as a Registered Courier Company
The proposed rule provides several requirements that must be met by
companies and their employees to participate in the program, and
outlines certain behaviors that could result in a courier company being
terminated from the program. For example, a registered courier company
must immediately notify the passport agency or agencies with which it
is registered of any changes in courier company or employee information
submitted as part of the registration process.
Failure to follow the requirements in this proposed rule, including
the requirements in proposed Sec. 54.30, could result in a courier
company losing its registration temporarily or permanently with the
passport agency or agencies where it is registered.
Although Passport Services would like to enable urgently departing
citizens to have access to this optional private service, the
Department's goal is to maintain vigilance over the security of the
passport application process. These uniform national procedures will
facilitate the Department's efforts to thwart attempts to distribute
misinformation to passport applicants, or commit offenses such as fraud
or identity theft.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
60-day provision for public comments.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Impacts
The Department has reviewed this rule and, by approving it,
certifies that the de minimis cost will not have a significant economic
impact on a substantial number of small entities as defined in 5 U.S.C.
601(6). However, to better inform the public as to the costs and
burdens of this rule, the Department notes that this regulation will
affect the operations of approximately 370 companies participating in
the Department's passport hand delivery program for couriers in the
following ways. The Department welcomes feedback on these estimates.
Numbers of Small Businesses
Currently, approximately 370 courier companies and 1285 courier
company employees are registered across the 14 U.S. passport agencies
that are already participating in the program. Although this regulation
proposes a new system of allocating slots on an annual first-come,
first-serve basis, the number of courier companies registered in the
program is expected to remain relatively constant. Companies in the
program may include private passport and visa service expediting
companies, courier and messenger services, travel companies, law firms,
corporate travel departments, and commercial photography services,
among others. We estimate that courier companies in this program or
seeking to enroll in the program have less than 1,500 employees, well
below the Small Business Administration size standard.
Company and Employee Eligibility for Registration
To register in this program, courier companies are required to
provide contact information at participating passport agencies at which
they wish to register on an annual basis. This proposed rule will also
require courier company owners to certify that the company has no
judgments for illegal business practices, that the owners and employees
are lawfully permitted to work in the United States, do not have a
record of a felony, or any misdemeanor related to mismanaging funds,
identity theft, and/or document fraud, and that the owners and
employees are not under indictment for such an offense. In addition,
courier company owners will be required to submit 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.
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. The owner listed on the supporting
document(s) must match that provided in the company's
[[Page 73246]]
registration at a passport agency. This requirement is designed to
prevent companies from registering under multiple fictitious names to
acquire more slots. This information will be requested on the DS-5538
Courier Company Registration Form. The costs associated with
registering a company are estimated to require 20 minutes, multiplied
by 370 courier companies, divided by 60 minutes, multiplied by $76.17
weighted wage, or an annual $9,394.30 hour burden cost, in addition to
the costs of printing two $.22 pages of the DS-5538 Courier Company
Registration Form, making a $.22 photocopy of a government-issued photo
identification card, and making a $.22 photocopy of a valid business
license, or a total additional cost of $325.60 annually. The business
license photocopies will be a new cost.
Employees trusted with delivering applications and retrieving
issued passports and supporting materials are currently required to
provide their contact information at the passport agencies where they
register to perform hand delivery services. Employees may not submit
applications on behalf of another courier company. Thus, an employee
may only be registered to submit applications for one company; however,
a company may register more than one of its employees at a passport
agency. This requirement is to ensure that the Department can readily
identify eligible courier company employees who are authorized to hand
deliver passport applications and retrieve completed passports at a
passport agency, and to mitigate a common practice among some courier
companies in which they register employees from other companies to
provide these services on their behalf. Such employees and/or the
company owners will be required to certify that they do not have a
record of a felony, or any misdemeanor related to mismanaging funds,
identity theft, document fraud, and are not under indictment for such
an offense. Courier companies will also have to certify that they
participate in the Department of Homeland Security's E-verify program,
maintain a drug free work place and provide notice in writing to each
customer as to whether or not the courier company maintains liability
insurance. Employers must certify that the employee is legally
authorized to work in the United States. In addition, employers are
required to certify that the employee is not subject to a felony, or
any misdemeanor related to mismanaging funds, identity theft, and/or
document fraud. This information will be requested on the DS-5539
Courier Employee Registration Form. The costs associated with
registering an employee are estimated to require 40 minutes, multiplied
by approximately 1285 employees, divided by 60 minutes, multiplied by
$20.19 weighted wage, or an annual $17,296.10 hour burden cost, plus
additional costs of printing two $.22 pages of the DS-5539 Courier
Employee Registration Form, and making a $.22 photocopy of a
government-issued photo identification card, or a total additional cost
of $848.10 annually.
The costs associated with participating in the Department of
Homeland Security's E-verify program will vary based on the number of
employees a courier company has. There is no fee to participate in the
program; however, a courier company owner or manager will need to spend
time registering for the program, learning to use the system, reviewing
the Memorandum of Understanding signed as part of the program, and
entering employee data into the E-verify system. Therefore, the
estimated cost of participating in the program is $406.23 per company,
plus an additional $30.46 per each employee whose information the
company must enter into the e-verify system. These costs multiplied by
370 courier companies with approximately 1285 employees is $189,446.20
annually.
The costs associated with complying with the requirements contained
in the Drug Free Work Place Act, 41 U.S.C. 8102, include developing a
policy to maintain a drug free workplace, providing written notice to
employees of the company's policy, providing employees with a drug free
workplace awareness program, and reporting violations of the drug free
workplace policy to the Department. The estimated cost of developing
the drug free workplace awareness program and conducting training for
employees is $182.73 per company and $13.91 per employee. That cost
multiplied by 370 courier companies with approximately 1285 employees
is $85,484.35 annually. The estimated cost of printing the one page
notice of the drug free work place policy is $.22 per page. Since the
notice must be provided to an estimated 1285 employees, the total cost
is $282.70 annually.
Company Participation
Registered companies participating in this program are required to
deliver a DS-4283 Courier Drop-Off List with each set of applications
delivered to a passport agency. The information provided on these forms
assists the Department in tracking the intake of applications and
materials delivered by courier companies to a passport agency. The
costs associated with providing these forms are estimated to require 10
minutes, multiplied by 238,554 lists received in 2018, divided by 60
minutes, multiplied by $20.19 weighted wage for employees, or an annual
$802,734 hour burden cost, plus additional costs of printing one $.22
page of the DS-4283 Courier Drop-Off List, multiplied by 238,554 DS-
4283 Courier Drop-Off List Forms received by the Department in 2018, or
a total additional estimated cost of $52,482 annually. This is not a
new cost. The DS-4283 is currently in use, approved under the Paperwork
Reduction Act (Office of Management and Budget (OMB) Control No. 1405-
0222).
Unfunded Mandates Reform 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, 2
U.S.C. 1501-1504.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804 for the
purposes of Congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801-
808). This rule will 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 U.S.-based companies to
compete with foreign-based companies in domestic and export markets.
Executive Order 12866 and 13563
The Department has reviewed this rule to ensure its consistency
with the regulatory philosophy and principles set forth in the
Executive orders and submitted the rule to the Office of Management and
Budget's Office of Information and Regulatory Affairs.
The Department requires company owners and employees to submit
documentation of their eligibility to participate in the program,
including the submission of 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
[[Page 73247]]
agency at which the company wishes to register with is located. The
Department believes that companies already register their business with
the city or state in which they provide products or services in the
course of their normal business practices. As a result, the cost to
companies of providing a photocopy is minimal. This requirement will
help the Department ensure greater fairness in the distribution of
slots by preventing companies from registering under multiple
fictitious names and unfairly obtain additional slots. The cost of
obtaining a photocopy of proof of city or state registration is
estimated at $.22 per copy, multiplied by approximately 370
respondents, or a $81.40 new cost.
The costs associated with registering a company are estimated to
require 20 minutes, multiplied by 370 courier companies, divided by 60
minutes, multiplied by $76.17 weighted wage, or an annual $9,394.30
hour burden cost, in addition to the costs of printing two $.22 pages
of the DS-5538 Courier Company Registration Form, making a $.22
photocopy of a government-issued photo identification card, and making
a $.22 photocopy of a valid business license, or a total additional
cost of $325.60 annually.
The costs associated with registering an employee are estimated to
require 40 minutes, multiplied by approximately 1285 employees, divided
by 60 minutes, multiplied by $20.19 weighted wage, or an annual
$17,296.10 hour burden cost, plus additional costs of printing two $.22
pages of the DS-5539 Courier Employee Registration Form, and making a
$.22 photocopy of a government-issued photo identification card, or a
total additional costs of $848.10 annually.
The costs associated with participating in the Department of
Homeland Security's E-verify program will vary based on the number of
employees a courier company has. There is no fee to participate in the
program; however, a courier company owner or manager will need to spend
time registering for the program, learning to use the system, reviewing
the Memorandum of Understanding signed as part of the program, and
entering employee data into the E-verify system. Therefore, the
estimated cost of participating in the program is $406.23 per company,
plus an additional $30.46 per each employee whose information the
company must enter into the E-verify system. These costs multiplied by
370 courier companies with approximately 1285 employees is $189,446.20
annually.
The costs associated with complying with the requirements contained
in the Drug Free Work Place Act, 41 U.S.C. 8102, include developing a
policy to maintain a drug free workplace, providing written notice to
employees of the company's policy, providing employees with a drug free
workplace awareness program, and reporting violations of the drug free
workplace policy to the Department. The estimated cost of developing
the drug free workplace awareness program and conducting training for
employees is $182.73 per company and $13.91 per employee. That cost
multiplied by 370 courier companies with approximately 1285 employees
is $85,484.35 annually. The estimated cost of printing the one page
notice of the drug free work place policy is $.22 per page. Since the
notice must be provided to an estimated 1285 employees, the total cost
is $282.70 annually.
Under E.O. 12866 and OMB Circular A-4, agencies are encouraged to
consider alternative solutions to the proposed regulatory action. The
Department of State considered, but is not proposing at this time,
allocating available slots through an alternative mechanism other than
``first come, first serve,'' as described above. First, the Department
considered assigning a fee to each slot in alignment with full cost
recovery to the Department of State, as described in OMB Circular A-25
(``A user charge . . . will be assessed against each identifiable
recipient for special benefits derived from Federal activities beyond
those received by the general public.''). A user fee would ensure that
the special benefits provided by being a registered passport courier
with access to slots for passport application submission would align
with the costs the Department of State incurs by dedicating staff time
and resources for this service.
Additionally, the Department considered, but does not propose,
allowing for distribution of slots amongst couriers via annual
auctioning, permit trading, or other market-based solutions. The
Department of State broadly solicits comment on its approach, including
the alternatives discussed in this section, for how it will allocate
slots via this program. The Department specifically seeks 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?
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 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 will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
The information collection contained in this proposed rule is
pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. Chapter 35,
and, if approved, will be assigned an OMB Control Number. As part of
this rulemaking, the Department is seeking comment on the
administrative burden associated with this collection of information.
This proposed rule requires certain collections of information and the
Department has submitted an information collection request to OMB for
review and approval under the PRA.
This information collection will provide a way for courier
companies to register with the Department to provide hand delivery
passport courier services to the public. Note that OMB Control No.
1405-0222, Courier Drop-Off List for U.S. Passport Applications also
relates to this rulemaking.
(1) Type of Information Collection: New.
(2) Title of the Form/Collection: Passport Hand Delivery Program
for Couriers.
(3) Agency form numbers: DS-5538 Courier Company Registration Form,
DS-5539 Courier Employee Registration Form, DS-4283 Courier Drop-off
List.
[[Page 73248]]
(4) Affected public: This information collection will be used by
courier company owners and their employees.
(5) An estimate of the total number of respondents: The Department
estimates a total of 370 respondents per year.
(6) An estimate of the total annual public burden (in hours)
associated with the collection: The average burden associated with the
DS-5538 Courier Company Registration Form information collection is
estimated to be 20 minutes per respondent. As there are 370 registered
companies, the Department estimates the total annual burden for this
information collection to be 123.3 hours. The average burden associated
with the DS-5539 Courier Employee Registration Form information
collection is estimated to be 40 minutes per respondent, and 1285
employees currently participate in the program. Therefore, the
Department estimates the total annual burden for this information
collection to be 856.67 hours.
(9) Submit comments to both OMB and the Department of State by the
following methods:
Office of Management and Budget (OMB):
[cir] Email: [email protected]. You must include the DS
form number, information collection title, and the OMB control number
in the subject line of your message.
[cir] Fax: 202-395-5806. Attention: Desk Officer for Department of
State.
Department of State:
Web: Persons with access to the internet may view this
notice and provide comments by going to the regulations.gov website at:
https://www.regulations.gov/index.cfm. Search for Docket No. DOS-2020-
0045 or for RIN number 1400-AE37.
Mail: 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 DS form number, information collection title, and
the OMB control number in any correspondence.
(8) The Department seeks public comment on:
Whether the collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility;
the accuracy of the Department's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
the quality, utility, and clarity of the information to be
collected;
how to minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses;
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?
Abstract of proposed collection:
This information collection will enable companies to register to
participate in the Department's passport hand delivery program for
couriers, as well as certify that they and their employees meet the
Department's requirements for the program.
Methodology:
The forms 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 rule.
List of Subjects in 22 CFR Part 54
Administrative practice and procedure, Passports.
Accordingly, for the reasons stated in the preamble, 22 CFR part 54
is proposed to be added to read as follows:
PART 54--PROCEDURES FOR REGISTERED COURIERS
Subpart A--General
Sec.
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 Annual company registration and allocation of slots.
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, 3 CFR, 1966-1970 Comp., p. 570.
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) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(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
[[Page 73249]]
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) Customer refers to any passport applicant for whom a courier
company provides hand delivery services.
(h) 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.
(i) Owner refers to a corporation, S corporation, partnership, and
association, as well as a natural person who owns a courier company.
(j) 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.
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,
www.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 completed 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) 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; and
(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; and
(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; and
(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 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;
(iii) Providing all employees with a copy of the statement required
by paragraph (d)(5)(i) of this section;
(iv) 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;
(v) Notifying all employees in writing, that as a condition of
employment, the employee will--
(A) Abide by the terms of the statement required by paragraph
(d)(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;
(vi) 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; and
(vii) Within 30 days after receiving notice under paragraph
(d)(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.
[[Page 73250]]
(ii) The owner(s) listed on these documents must match the owner(s)
listed on the courier company's registration.
(e) The Department may 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.
(f) 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.
(g) The Department may 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:
(1) 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.
(2) 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 paragraph (g) of this section.
(g) In addition to the regulations in paragraphs (a) through (g) of
this section, 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 form 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 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 Sec. 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 Sec. 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
[[Page 73251]]
Department's hand delivery procedures for registered couriers described
in Sec. 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 part, 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 Sec.
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 Sec. 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:
(i) Signing a passport application, a supporting document, or a
letter of authorization on behalf of another individual;
(ii) Providing any other false information affecting passport
application processing or issuance, including a fake itinerary;
(iii) Opening a sealed envelope containing an executed passport
application; or
(iv) 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 Sec. 51.21(a), or after the
applicant signs a renewal passport application in accordance with Sec.
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.
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 Sec. 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
[[Page 73252]]
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.
Carl Risch,
Assistant Secretary, Consular Affairs, Department of State.
[FR Doc. 2020-24538 Filed 11-16-20; 8:45 am]
BILLING CODE 4710-06-P
