Passports: Option for Passport Applicants Eligible To Apply by Mail for Renewal of Passports To Apply On-Line, 72520-72523 [2021-27404]
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
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constitutes a ‘‘major’’ rule. If the OMB
deems a rule to be a ‘‘major rule,’’ the
Congressional Review Act generally
provides that the rule may not take
effect until at least 60 days following its
publication. The Congressional Review
Act defines a ‘‘major rule’’ as any rule
that the Administrator of the Office of
Information and Regulatory Affairs of
the OMB finds has resulted in or is
likely to result in (A) an annual effect
on the economy of $100,000,000 or
more; (B) a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
government agencies or geographic
regions, or (C) significant adverse effects
on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.18
For the same reasons set forth above,
the Board is adopting the extension of
the temporary final rule without the
delayed effective date generally
prescribed under the Congressional
Review Act. The delayed effective date
required by the Congressional Review
Act does not apply to any rule for which
an agency for good cause finds (and
incorporates the finding and a brief
statement of reasons therefor in the rule
issued) that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest.19 In
light of current market uncertainty, the
Board believes that delaying the
effective date of the extension of the
temporary final rule would be contrary
to the public interest for the same
reasons discussed above.
As required by the Congressional
Review Act, the Board will submit the
final rule and other appropriate reports
to Congress and the Government
Accountability Office for review.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
that the Office of Management and
Budget (OMB) approve all collections of
information by a Federal agency from
the public before they can be
implemented. Respondents are not
required to respond to any collection of
information unless it displays a valid
OMB control number.
In accordance with the PRA, the
information collection requirements
included in this temporary final rule
extension have been submitted to OMB
for approval under control numbers
3133–0141, 3133–0127 and 3133–0040.
18 5
19 5
U.S.C. 804(2).
U.S.C. 808.
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D. Executive Order 13132, on
Federalism
Executive Order 13132 20 encourages
independent regulatory agencies to
consider the impact of their actions on
state and local interests. The NCUA, an
independent regulatory agency, as
defined in 44 U.S.C. 3502(5), voluntarily
complies with the Executive order to
adhere to fundamental federalism
principles. The extension of the
temporary final rule 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. The Board has
therefore determined that this rule does
not constitute a policy that has
federalism implications for purposes of
the Executive order.
E. Assessment of Federal Regulations
and Policies on Families
The NCUA has determined that the
extension of the temporary final rule
will not affect family well-being within
the meaning of Section 654 of the
Treasury and General Government
Appropriations Act, 1999.21
F. Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA)
generally requires that when an agency
issues a proposed rule or a final rule
pursuant to the APA or another law, the
agency must prepare a regulatory
flexibility analysis that meets the
requirements of the RFA and publish
such analysis in the Federal Register.
Specifically, the RFA normally requires
agencies to describe the impact of a
rulemaking on small entities by
providing a regulatory impact analysis.
For purposes of the RFA, the Board
considers credit unions with assets less
than $100 million to be small entities.
As discussed previously, consistent
with the APA, the Board has determined
for good cause that general notice and
opportunity for public comment is
unnecessary, and therefore the Board is
not issuing a notice of proposed
rulemaking. Rules that are exempt from
notice and comment procedures are also
exempt from the RFA requirements,
including conducting a regulatory
flexibility analysis, when among other
things the agency for good cause finds
that notice and public procedure are
impracticable, unnecessary, or contrary
to the public interest. Accordingly, the
20 Executive
Order 13132 on Federalism, was
signed by former President Clinton on August 4,
1999, and subsequently published in the Federal
Register on August 10, 1999 (64 FR 43255).
21 Public Law 105–277, 112 Stat. 2681 (1998).
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Board has concluded that the RFA’s
requirements relating to initial and final
regulatory flexibility analysis do not
apply.
List of Subjects in 12 CFR Part 701
Aged, Civil rights, Credit, Credit
unions, Fair housing, Individuals with
disabilities, Insurance, Mortgages,
Reporting and recordkeeping
requirements.
By the NCUA Board, this 17th day of
December 2021.
Melane Conyers-Ausbrooks,
Secretary of the Board.
For the reasons discussed in the
preamble, the Board amends 12 CFR
part 701 as follows:
PART 701—ORGANIZATION AND
OPERATION OF CREDIT UNIONS
1. The authority citation for part 701
continues to read as follows:
■
Authority: 12 U.S.C. 1752(5), 1755, 1756,
1757, 1758, 1759, 1761a, 1761b, 1766, 1767,
1782, 1784, 1785, 1786, 1787, 1788, 1789.
Section 701.6 is also authorized by 15 U.S.C.
3717. Section 701.31 is also authorized by 15
U.S.C. 1601 et seq.; 42 U.S.C. 1981 and 3601–
3610. Section 701.35 is also authorized by 42
U.S.C. 4311–4312.
§ 701.22
[Amended]
2. In § 701.22(e), remove the date
‘‘December 31, 2021’’ and add in its
place the date ‘‘December 31, 2022’’.
■
§ 701.23
[Amended]
3. Amend § 701.23 as follows:
a. In paragraph (i) introductory text,
remove the date ‘‘December 31, 2021’’
and add in its place the date ‘‘December
31, 2022’’; and
■ b. Effective April 1, 2022, in
paragraph (i)(2) remove the term
‘‘CAMEL’’, and add in its place the term
‘‘CAMELS.’’
■
■
§ 701.36
[Amended]
4. In § 701.36(c)(3), remove the date
‘‘December 31, 2021’’ and add in its
place the date ‘‘December 31, 2022’’.
■
[FR Doc. 2021–27771 Filed 12–20–21; 4:15 pm]
BILLING CODE 7535–01–P
DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 11609]
RIN 1400–AE68
Passports: Option for Passport
Applicants Eligible To Apply by Mail
for Renewal of Passports To Apply OnLine
AGENCY:
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Department of State.
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
ACTION:
Final rule.
Pursuant to Department
regulations, the renewal of a U.S.
passport must meet certain
requirements to qualify for submission
of an application by mail. The
Department will now provide qualified
applicants the option of submitting
renewal applications by mail or on-line
via the Department’s official website.
This amendment will provide more
flexibility for the renewal applicant,
will improve the customer experience,
and eliminate the added burden, time,
and cost to the customer by providing
the on-line option as an alternative to
the mail in process.
DATES: This final rule is effective on
December 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Kelly Cullum, Office of Adjudication,
Passport Services, (202) 485–8800, or
email
PassportOfficeofAdjudicationGeneral@
state.gov.
SUPPLEMENTARY INFORMATION: The
Department published a proposed rule,
Public Notice 11457 at 86 FR 43458,
August 9, 2021 (the NPRM), with a
request for comments to amend 22 CFR
51.21(b), (b)(2), (b)(3); and 51.8(a), (b),
(c), and (d) to allow eligible applicants
the option to apply on-line via the
Online Passport Renewal (OPR) system.
Applicants must meet all of the
eligibility requirements for using OPR or
will be referred to the paper application
process. Applicants using OPR will
enter their application information and
upload their photos directly into the
OPR system and submit their payment
through pay.gov. This process will
improve efficiency and accessibility by
offering online verification of renewal
eligibility, electronic photo upload, and
electronic payment. Applications
received through OPR will
automatically enter review queues at the
passport agency, thus eliminating the
physical application and processing at
the Lockbox. The new OPR system will
improve the customer experience,
reduce operational and maintenance
costs, and focus on data quality,
protection, and traceability. The first
release of the OPR system will be
limited in its release and apply to
persons in the United States who are
submitting an application in the same
name, gender marker, date of birth, and
place of birth as the most recently
issued passport of the same type with
the intent that future releases will
permit changes and be used by persons
applying abroad.
The rule was discussed in detail in
Public Notice 11457, as were the
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SUMMARY:
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Department’s reasons for the other
changes to the regulations. The
Department is now promulgating a final
rule with minor changes from the
proposed rule and no substantive
change.
Analysis of Comments: The
Department provided 60 days for
comment on the NPRM. The comment
period closed October 8, 2021.
The Department received twelve
responsive comments, none of which
were opposed to this amendment.
Several commenters noted their
concerns about possible identity theft
and insisted on the use of the latest
technology to protect applicants. Online
passport applications are subject to the
same rigorous protection of personally
identifiable information (PII) as physical
applications. The Department processes
passport applications, whether mailed
or submitted online, on controlled
workstations accessed by authorized
employees only. The rollout of the OPR
system is compliant with the
Department’s policy (5 FAM 772.1) in
that ‘‘encryption and digital certificates
must be integrated into the applications
to the greatest extent possible.’’
Two commenters also requested that
online payment be acceptable and
specifically, that it include use of credit
cards. As noted in the proposed rule,
applicants using the OPR will submit
payment through pay.gov which already
accepts credit cards.
Two commenters discussed the need
for online submission of supporting
documents or using existing information
in U.S. government databases to verify
citizenship. They noted the difficulty of
sending original vital records and
naturalization certificates. As discussed
in the proposed rule, eligible OPR users
will upload applications and photos
directly to the system eliminating the
need for paper-based applications.
Adults renewing passports who are
eligible to use OPR generally do not
need to submit supporting
documentation because the issuance of
a prior passport serves as citizenship
evidence. In most cases prior passport
issuance information is already
available in adjudication systems. The
Department coordinates with federal
agencies such as USCIS as well as vital
records offices to protect the integrity of
the passport application process, verify
citizenship documentation, and confirm
entitlement to a U.S. passport. Passport
Services’ modernization efforts include
online document verification.
One commenter requested that the
Department make OPR available for
first-time applicants and another
requested it be available for applicants
located outside the United States. As
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defined in 22 CFR 51.21(a), first-time
applicants (who by statute, 22 U.S.C.
213, are required to verify their
application by an in person oath),
applicants who have never been issued
a passport in his or her own name,
applicants who have not been issued a
passport for the full validity period of
10 years within 15 years of the date of
a new application, and minors under
the age of 16 must apply for a passport
by appearing in person before a passport
agent or passport acceptance agent. The
applicant must verify the application by
oath or affirmation before the passport
agent or passport acceptance agent, sign
the completed application, provide
photographs and any other information
or documents as prescribed or requested
by the Department. These requirements
cannot be addressed through OPR. As
noted in the draft rule, the first release
of the OPR system will apply to persons
in the United States, with the intent for
future releases applying to persons
abroad.
One commenter stated that applicants
requesting a change in gender marker
and those identifying as any gender
besides male or female should be
ineligible for OPR due to fraud
concerns. The Department takes fraud
very seriously and reviews all passport
applications for possible fraud.
Adjudicators receive extensive fraud
training and utilize facial recognition
technology and social security and birth
information data verification to detect
fraud, regardless of the method of
application. Thus, while the Department
appreciates the commenter’s concern, it
does not believe that the possibility of
someone successfully committing fraud
would be any greater after OPR is
operational.
Regarding gender markers and other
changes that an applicant might wish to
make to their information, the proposed
regulatory text (proposed section
51.21(b)(iii)) provided that the ‘‘first
release of the OPR system will require
that the application be submitted in the
same name, sex [i.e., gender] marker,
date of birth, and place of birth as the
most recently issued passport of the
same type with the intent that future
releases will permit changes’’. This text
was removed from the text of the final
rule because the Department determined
that it is more appropriate for a
statement of policy in the preamble and
is not regulatory text. It does, however,
reflect the limitation on the first release
of the OPR system, but not Department
policy for future releases.
While supportive of OPR, several
commenters noted the continued need
for the Department to reduce service
times and paperwork and the
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assumption that OPR would provide
faster processing times. As noted in the
draft rule, OPR will provide more
flexibility for the renewal applicant,
will improve the customer experience,
and eliminate the added burden, time,
and cost to the customer by providing
the on-line option as an alternative to
the mail in process. Processing times
listed on www.travel.state.gov are still
Department standard for all passport
applications, physical and electronic.
Future expansion of OPR may allow for
changes to expected service
commitment times for online
applications. The Department
continuously strives to reduce passport
processing service times through
modernization initiatives.
One person suggested maintaining a
walk-in passport agency in every U.S.
city with a population greater than
250,000. This is outside the scope of the
proposed rule. However, the
Department coordinates with a network
of approximately 7,500 passport
application acceptance facilities across
the United States, all of which offer inperson service (though they may be by
appointment only, rather than offering
walk-in service). The network of
passport application acceptance
facilities provides convenient,
nationwide access.
Another commenter requested that
the Department coordinate with USCIS
to automatically link the passport
application to the naturalization
process. This is outside the scope of the
proposed rule. However, the
Department regularly coordinates with
USCIS to provide passport application
acceptance services at naturalization
ceremonies.
rule takes effect.’’ Omnipoint Corp. v.
FCC, 316 U.S. App. D.C. 259, 78 F.3d
620, 630 (D.C. Cir. 1996).
There is no requirement for anyone to
‘‘adjust their behavior’’ or prepare for
anything prior to this rule going into
effect. Those who do not wish to renew
their passports using the online
procedure still have the current DS–82
available to them. The 30-day notice
requirement of § 553(d) is ‘‘subject to
the rule of prejudicial error.’’ See 5
U.S.C. 706; Petaluma FX Partners, LLC
v. Commissioner, 416 U.S. App. D.C.
411, 420, 792 F.3d 72, 81 (2015).
In addition, the Department is
providing a benefit to the public by this
rulemaking. The Department estimates
that the online application will take
approximately five minutes to complete,
as opposed to 40 minutes for the DS–82.
OPR saves up to three weeks for initial
application processing that includes
mailing and receipt at the lockbox
facility as well as the candling (fee
processing, scanning, and batching) of
the applications for physical
transmission to passport agencies.
Additionally, customers save time and
money for transit to and from a post
office for mailing, the price of an
envelope, and either the cost of firstclass stamp or express mail fees—of
between $0.58 to $26.60 per application.
Use of OPR allows the customer to
create and submit a digital application,
upload their photograph, and make a
payment via pay.gov from a computer or
mobile device with no physical/paper
application involved.
Therefore, the Department finds good
cause to publish this rule without a
delayed effective date under 5 U.S.C.
553(d)(1) and (3).
Regulatory Findings
Regulatory Flexibility Act
The Department of State certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities. This rule gives
greater flexibility to applicants applying
to renew their U.S. passport.
Administrative Procedure Act
The Department published this
rulemaking as a proposed rule and
provided 60 days for public comment.
The Department finds good cause for the
effective date to be less than 30 days
from date of publication. As stated in
American Bankers Ass’n v. NCUA, 38 F.
Supp. 2d 114, 139–40 (D.D.C. 1999),
according to the legislative history of
the APA, the purpose for deferring the
effectiveness of a final rule under
§ 553(d) was to ‘‘afford persons affected
a reasonable time to prepare for the
effective date of a rule or rules or to take
other action which the issuance may
prompt.’’ S. REP. NO. 79–752, at 15
(1946). In the same vein, the D.C. Circuit
has explained that ‘‘the purpose of the
thirty-day waiting period is to give
affected parties a reasonable time to
adjust their behavior before the final
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Unfunded Mandates Act of 1995
This final rule does 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 does not significantly
or uniquely affect small governments.
Therefore, no actions are necessary
under the provisions of the Unfunded
Mandates Act of 1995.
Congressional Review Act
This rule is not a major rule as
defined by the Congressional Review
Act. This rule does not result in an
annual effect on the economy of $100
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million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreign
based companies in domestic and
import markets.
Executive Order 12866
The Office of Information and
Regulatory Affairs has designated this
rule ‘‘not significant’’ under Executive
Order 12866. As explained in the
preamble and the APA section above,
the benefits of the rule outweigh any
costs to the public (which the
Department assesses will be minimal).
Executive Order 13132—Federalism
This rule does not have sufficient
federalism implications to require
consultations or warrant the preparation
of a federalism summary impact
statement. The regulations
implementing Executive Order 12372
regarding intergovernmental
consultation on federal programs and
activities do not apply to this regulation.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
The Department has determined that
this rulemaking does not have tribal
implications, does not impose
substantial direct compliance costs on
Indian tribal governments, and does not
pre-empt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Paperwork Reduction Act
This rulemaking is related to the
information collection described in
OMB Control No. 1405–0020 (Form DS–
82). The web-based version of this form
was approved in July 2021.
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, for the reasons set forth
in the preamble, 22 CFR part 51 is
amended as follows:
PART 51—PASSPORTS
1. The authority citation for part 51
continues to read as follows:
■
Authority: 8 U.S.C. 1504; 18 U.S.C. 1621;
22 U.S.C. 211a, 212, 212b, 213, 213n (Pub.
L. 106–113 Div. B, Sec. 1000(a)(7) [Div. A,
Title II, Sec. 236], 113 Stat. 1536, 1501A–
430); 214, 214a, 217a, 218, 2651a, 2671(d)(3),
2705, 2714, 2714a, 2721, & 3926; 26 U.S.C.
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div.
B, Title V of Pub. L. 103–317, 108 Stat. 1760];
E.O. 11295, Aug. 6, 1966, FR 10603, 3 CFR,
1966–1970 Comp., p. 570; Pub. L. 114–119,
130 Stat. 15; Sec. 1 of Pub. L. 109–210, 120
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Stat. 319; Sec. 2 of Pub. L. 109–167, 119 Stat.
3578; Sec. 5 of Pub. L. 109–472, 120 Stat.
3554; Pub. L. 108–447, Div. B, Title IV, Dec.
8, 2004, 118 Stat. 2809; Pub. L. 108–458, 118
Stat. 3638, 3823 (Dec. 17, 2004).
■
2. Revise § 51.8 to read as follows:
BILLING CODE 4710–06–P
(a) When applying for a new passport
in person or by mail, an applicant must
submit for cancellation any currently
valid passport of the same type.
(b) When applying for a new passport
on-line, an applicant must have the
currently valid passport of the same
type available for cancellation via the
on-line process.
(c) If an applicant is unable to
produce a passport under paragraph (a)
or (b) of this section, they must submit
a signed statement in the form
prescribed by the Department setting
forth the circumstances regarding the
disposition of the passport.
(d) The Department may deny or limit
a passport if the applicant has failed to
provide a sufficient and credible
explanation for lost, stolen, altered or
mutilated passport(s) previously issued
to the applicant, after being given a
reasonable opportunity to do so.
3. Amend § 51.21 by revising the
paragraph (b) heading, paragraph (b)(2)
and adding paragraph (b)(3) to read as
follows:
■
Execution of passport application.
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*
*
*
*
*
(b) Application by mail or on-line—
persons in the United States. * * *
(2) A person in the United States who
previously has been issued a passport
valid for 10 years in their own name
may apply for a new passport by filling
out, signing, and submitting an on-line
application via the Department’s official
website if:
(i) The applicant’s most recently
issued passport was issued when the
applicant was 16 years of age or older,
and has one year or less of validity
remaining;
(ii) The application is made not more
than 15 years following the issue date of
the most recently issued passport of the
same type;
(iii) The most recently-issued passport
of the same type is available for
verification via the on-line process.
(3) The applicant must also provide
photographs as prescribed by the
Department and pay the applicable fees
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Kevin E. Bryant,
Deputy Director, Office of Directives
Management, U.S. Department of State.
[FR Doc. 2021–27404 Filed 12–21–21; 8:45 am]
§ 51.8 Submission of currently valid
passport.
§ 51.21
prescribed in the Schedule of Fees for
Consular Services (22 CFR 22.1).
*
*
*
*
*
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD–2020–OS–0095]
RIN 0790–AK96
Privacy Act of 1974; Implementation
Office of the Secretary of
Defense (OSD), Department of Defense
(DoD).
ACTION: Final rule.
AGENCY:
The DoD is issuing a final rule
to amend its regulations to exempt
portions of the DoD–0004, ‘‘Defense
Repository for Common Enterprise Data
(DRCED),’’ system of records from
certain provisions of the Privacy Act of
1974.
DATES: This rule is effective on January
21, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Lyn Kirby, OSD.DPCLTD@mail.mil,
(703) 571–0070.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Discussion of Comments and Changes
The proposed rule published in the
Federal Register (86 FR 498–499) on
January 6, 2021. Comments were
accepted for 60 days until March 8,
2021. A total of four comments were
received. Please see the summarized
comments and the Department’s
response as follows:
Commentators generally agreed that
exempting national security and
classified data is appropriate under this
exemption rule and that exempting
national security and classified
information is in the best interests of the
Department and the Nation.
Notwithstanding that, a majority of the
comments voiced a desire for more
transparency about the classification
process itself within the DoD. Although
these comments do not directly pertain
to the Privacy Act and the exemption
claimed for this system of records notice
(SORN), to promote public
understanding in this area a description
of the classification process at DoD is
provided below.
Executive Order 13526 prescribes the
framework for the Federal Government
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72523
(to include DoD) to classify national
security information. Only DoD
personnel who hold positions of trust
and are delegated original classification
authority in writing are authorized to
review the Department’s information
and determine whether damage would
result to national security if that
information were disclosed to the
public. Several oversight and
compliance mechanisms exist to ensure
the classification of information process
is appropriate.
These safeguards include the
following: Personnel authorized to make
classification determinations are
required to receive training in proper
classification, including the avoidance
of over-classification, and
declassification at least once a calendar
year; information may only be classified
if it pertains to specific categories or
subjects, including military plans,
weapons systems, or operations and
intelligence activities; and agency heads
must (on a periodic basis) complete a
comprehensive review of the agency’s
classification guidance, to include
reviewing information that is classified
within the agency, provide the results of
such review to appropriate officials
outside the agency at the National
Archives, and release an unclassified
version of the review to the public.
Authorized holders of classified
information are also encouraged and
expected to ‘‘challenge’’ classification
determinations if they believe the
classification status is improper, and
any individual or entity can request any
Federal agency to review classified
information for declassification,
regardless of its age or origin, in
accordance with the Mandatory
Declassification Review (MDR) process.
Additional information about the MDR
process can be found on the National
Archives and Records Administration’s
MDR program page at https://
www.archives.gov/isoo/training/mdr. In
the interests of protecting information
critical to the Nation’s defense, it is
appropriate for the DoD to properly
classify and exempt such information
from public release under the Privacy
Act so as to protect U.S. national
security. Having considered the public
comments, the Department will
implement the rulemaking as proposed.
Additionally, DoD received one
supportive, but non-substantive,
comment on the system of records
notice (SORN) that published in the
Federal Register on January 6, 2021 (86
FR 526–529). The public comment
period for the SORN ended on February
5, 2021.
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[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Rules and Regulations]
[Pages 72520-72523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27404]
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DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 11609]
RIN 1400-AE68
Passports: Option for Passport Applicants Eligible To Apply by
Mail for Renewal of Passports To Apply On-Line
AGENCY: Department of State.
[[Page 72521]]
ACTION: Final rule.
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SUMMARY: Pursuant to Department regulations, the renewal of a U.S.
passport must meet certain requirements to qualify for submission of an
application by mail. The Department will now provide qualified
applicants the option of submitting renewal applications by mail or on-
line via the Department's official website. This amendment will provide
more flexibility for the renewal applicant, will improve the customer
experience, and eliminate the added burden, time, and cost to the
customer by providing the on-line option as an alternative to the mail
in process.
DATES: This final rule is effective on December 23, 2021.
FOR FURTHER INFORMATION CONTACT: Kelly Cullum, Office of Adjudication,
Passport Services, (202) 485-8800, or email
[email protected].
SUPPLEMENTARY INFORMATION: The Department published a proposed rule,
Public Notice 11457 at 86 FR 43458, August 9, 2021 (the NPRM), with a
request for comments to amend 22 CFR 51.21(b), (b)(2), (b)(3); and
51.8(a), (b), (c), and (d) to allow eligible applicants the option to
apply on-line via the Online Passport Renewal (OPR) system. Applicants
must meet all of the eligibility requirements for using OPR or will be
referred to the paper application process. Applicants using OPR will
enter their application information and upload their photos directly
into the OPR system and submit their payment through pay.gov. This
process will improve efficiency and accessibility by offering online
verification of renewal eligibility, electronic photo upload, and
electronic payment. Applications received through OPR will
automatically enter review queues at the passport agency, thus
eliminating the physical application and processing at the Lockbox. The
new OPR system will improve the customer experience, reduce operational
and maintenance costs, and focus on data quality, protection, and
traceability. The first release of the OPR system will be limited in
its release and apply to persons in the United States who are
submitting an application in the same name, gender marker, date of
birth, and place of birth as the most recently issued passport of the
same type with the intent that future releases will permit changes and
be used by persons applying abroad.
The rule was discussed in detail in Public Notice 11457, as were
the Department's reasons for the other changes to the regulations. The
Department is now promulgating a final rule with minor changes from the
proposed rule and no substantive change.
Analysis of Comments: The Department provided 60 days for comment
on the NPRM. The comment period closed October 8, 2021.
The Department received twelve responsive comments, none of which
were opposed to this amendment. Several commenters noted their concerns
about possible identity theft and insisted on the use of the latest
technology to protect applicants. Online passport applications are
subject to the same rigorous protection of personally identifiable
information (PII) as physical applications. The Department processes
passport applications, whether mailed or submitted online, on
controlled workstations accessed by authorized employees only. The
rollout of the OPR system is compliant with the Department's policy (5
FAM 772.1) in that ``encryption and digital certificates must be
integrated into the applications to the greatest extent possible.''
Two commenters also requested that online payment be acceptable and
specifically, that it include use of credit cards. As noted in the
proposed rule, applicants using the OPR will submit payment through
pay.gov which already accepts credit cards.
Two commenters discussed the need for online submission of
supporting documents or using existing information in U.S. government
databases to verify citizenship. They noted the difficulty of sending
original vital records and naturalization certificates. As discussed in
the proposed rule, eligible OPR users will upload applications and
photos directly to the system eliminating the need for paper-based
applications. Adults renewing passports who are eligible to use OPR
generally do not need to submit supporting documentation because the
issuance of a prior passport serves as citizenship evidence. In most
cases prior passport issuance information is already available in
adjudication systems. The Department coordinates with federal agencies
such as USCIS as well as vital records offices to protect the integrity
of the passport application process, verify citizenship documentation,
and confirm entitlement to a U.S. passport. Passport Services'
modernization efforts include online document verification.
One commenter requested that the Department make OPR available for
first-time applicants and another requested it be available for
applicants located outside the United States. As defined in 22 CFR
51.21(a), first-time applicants (who by statute, 22 U.S.C. 213, are
required to verify their application by an in person oath), applicants
who have never been issued a passport in his or her own name,
applicants who have not been issued a passport for the full validity
period of 10 years within 15 years of the date of a new application,
and minors under the age of 16 must apply for a passport by appearing
in person before a passport agent or passport acceptance agent. The
applicant must verify the application by oath or affirmation before the
passport agent or passport acceptance agent, sign the completed
application, provide photographs and any other information or documents
as prescribed or requested by the Department. These requirements cannot
be addressed through OPR. As noted in the draft rule, the first release
of the OPR system will apply to persons in the United States, with the
intent for future releases applying to persons abroad.
One commenter stated that applicants requesting a change in gender
marker and those identifying as any gender besides male or female
should be ineligible for OPR due to fraud concerns. The Department
takes fraud very seriously and reviews all passport applications for
possible fraud. Adjudicators receive extensive fraud training and
utilize facial recognition technology and social security and birth
information data verification to detect fraud, regardless of the method
of application. Thus, while the Department appreciates the commenter's
concern, it does not believe that the possibility of someone
successfully committing fraud would be any greater after OPR is
operational.
Regarding gender markers and other changes that an applicant might
wish to make to their information, the proposed regulatory text
(proposed section 51.21(b)(iii)) provided that the ``first release of
the OPR system will require that the application be submitted in the
same name, sex [i.e., gender] marker, date of birth, and place of birth
as the most recently issued passport of the same type with the intent
that future releases will permit changes''. This text was removed from
the text of the final rule because the Department determined that it is
more appropriate for a statement of policy in the preamble and is not
regulatory text. It does, however, reflect the limitation on the first
release of the OPR system, but not Department policy for future
releases.
While supportive of OPR, several commenters noted the continued
need for the Department to reduce service times and paperwork and the
[[Page 72522]]
assumption that OPR would provide faster processing times. As noted in
the draft rule, OPR will provide more flexibility for the renewal
applicant, will improve the customer experience, and eliminate the
added burden, time, and cost to the customer by providing the on-line
option as an alternative to the mail in process. Processing times
listed on www.travel.state.gov are still Department standard for all
passport applications, physical and electronic. Future expansion of OPR
may allow for changes to expected service commitment times for online
applications. The Department continuously strives to reduce passport
processing service times through modernization initiatives.
One person suggested maintaining a walk-in passport agency in every
U.S. city with a population greater than 250,000. This is outside the
scope of the proposed rule. However, the Department coordinates with a
network of approximately 7,500 passport application acceptance
facilities across the United States, all of which offer in-person
service (though they may be by appointment only, rather than offering
walk-in service). The network of passport application acceptance
facilities provides convenient, nationwide access.
Another commenter requested that the Department coordinate with
USCIS to automatically link the passport application to the
naturalization process. This is outside the scope of the proposed rule.
However, the Department regularly coordinates with USCIS to provide
passport application acceptance services at naturalization ceremonies.
Regulatory Findings
Administrative Procedure Act
The Department published this rulemaking as a proposed rule and
provided 60 days for public comment. The Department finds good cause
for the effective date to be less than 30 days from date of
publication. As stated in American Bankers Ass'n v. NCUA, 38 F. Supp.
2d 114, 139-40 (D.D.C. 1999), according to the legislative history of
the APA, the purpose for deferring the effectiveness of a final rule
under Sec. 553(d) was to ``afford persons affected a reasonable time
to prepare for the effective date of a rule or rules or to take other
action which the issuance may prompt.'' S. REP. NO. 79-752, at 15
(1946). In the same vein, the D.C. Circuit has explained that ``the
purpose of the thirty-day waiting period is to give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. FCC, 316 U.S. App. D.C. 259, 78 F.3d 620,
630 (D.C. Cir. 1996).
There is no requirement for anyone to ``adjust their behavior'' or
prepare for anything prior to this rule going into effect. Those who do
not wish to renew their passports using the online procedure still have
the current DS-82 available to them. The 30-day notice requirement of
Sec. 553(d) is ``subject to the rule of prejudicial error.'' See 5
U.S.C. 706; Petaluma FX Partners, LLC v. Commissioner, 416 U.S. App.
D.C. 411, 420, 792 F.3d 72, 81 (2015).
In addition, the Department is providing a benefit to the public by
this rulemaking. The Department estimates that the online application
will take approximately five minutes to complete, as opposed to 40
minutes for the DS-82. OPR saves up to three weeks for initial
application processing that includes mailing and receipt at the lockbox
facility as well as the candling (fee processing, scanning, and
batching) of the applications for physical transmission to passport
agencies. Additionally, customers save time and money for transit to
and from a post office for mailing, the price of an envelope, and
either the cost of first-class stamp or express mail fees--of between
$0.58 to $26.60 per application. Use of OPR allows the customer to
create and submit a digital application, upload their photograph, and
make a payment via pay.gov from a computer or mobile device with no
physical/paper application involved.
Therefore, the Department finds good cause to publish this rule
without a delayed effective date under 5 U.S.C. 553(d)(1) and (3).
Regulatory Flexibility Act
The Department of State certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule gives greater flexibility to applicants applying to renew
their U.S. passport.
Unfunded Mandates Act of 1995
This final rule does 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 does not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Act of 1995.
Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act. This rule does not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign based companies in domestic and
import markets.
Executive Order 12866
The Office of Information and Regulatory Affairs has designated
this rule ``not significant'' under Executive Order 12866. As explained
in the preamble and the APA section above, the benefits of the rule
outweigh any costs to the public (which the Department assesses will be
minimal).
Executive Order 13132--Federalism
This rule does not have sufficient federalism implications to
require consultations or warrant the preparation of a federalism
summary impact statement. The regulations implementing Executive Order
12372 regarding intergovernmental consultation on federal programs and
activities do not apply to this regulation.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking does not have
tribal implications, does not impose substantial direct compliance
costs on Indian tribal governments, and does not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
This rulemaking is related to the information collection described
in OMB Control No. 1405-0020 (Form DS-82). The web-based version of
this form was approved in July 2021.
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, for the reasons set forth in the preamble, 22 CFR part
51 is amended as follows:
PART 51--PASSPORTS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; 22 U.S.C. 211a, 212,
212b, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A,
Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a,
218, 2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, & 3926; 26 U.S.C.
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title V of Pub. L.
103-317, 108 Stat. 1760]; E.O. 11295, Aug. 6, 1966, FR 10603, 3 CFR,
1966-1970 Comp., p. 570; Pub. L. 114-119, 130 Stat. 15; Sec. 1 of
Pub. L. 109-210, 120
[[Page 72523]]
Stat. 319; Sec. 2 of Pub. L. 109-167, 119 Stat. 3578; Sec. 5 of Pub.
L. 109-472, 120 Stat. 3554; Pub. L. 108-447, Div. B, Title IV, Dec.
8, 2004, 118 Stat. 2809; Pub. L. 108-458, 118 Stat. 3638, 3823 (Dec.
17, 2004).
0
2. Revise Sec. 51.8 to read as follows:
Sec. 51.8 Submission of currently valid passport.
(a) When applying for a new passport in person or by mail, an
applicant must submit for cancellation any currently valid passport of
the same type.
(b) When applying for a new passport on-line, an applicant must
have the currently valid passport of the same type available for
cancellation via the on-line process.
(c) If an applicant is unable to produce a passport under paragraph
(a) or (b) of this section, they must submit a signed statement in the
form prescribed by the Department setting forth the circumstances
regarding the disposition of the passport.
(d) The Department may deny or limit a passport if the applicant
has failed to provide a sufficient and credible explanation for lost,
stolen, altered or mutilated passport(s) previously issued to the
applicant, after being given a reasonable opportunity to do so.
0
3. Amend Sec. 51.21 by revising the paragraph (b) heading, paragraph
(b)(2) and adding paragraph (b)(3) to read as follows:
Sec. 51.21 Execution of passport application.
* * * * *
(b) Application by mail or on-line--persons in the United States. *
* *
(2) A person in the United States who previously has been issued a
passport valid for 10 years in their own name may apply for a new
passport by filling out, signing, and submitting an on-line application
via the Department's official website if:
(i) The applicant's most recently issued passport was issued when
the applicant was 16 years of age or older, and has one year or less of
validity remaining;
(ii) The application is made not more than 15 years following the
issue date of the most recently issued passport of the same type;
(iii) The most recently-issued passport of the same type is
available for verification via the on-line process.
(3) The applicant must also provide photographs as prescribed by
the Department and pay the applicable fees prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1).
* * * * *
Kevin E. Bryant,
Deputy Director, Office of Directives Management, U.S. Department of
State.
[FR Doc. 2021-27404 Filed 12-21-21; 8:45 am]
BILLING CODE 4710-06-P
