30-Day Notice of Proposed Information Collection: Two (2) Passport Services Information Collections: Application for Consular Report of Birth Abroad of a Citizen of the United States of America and Affidavit of Physical Presence or Residence, Parentage, and Support, 40912-40914 [2023-13227]
Download as PDF
40912
Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices
during the Exchange’s transition to the
Pillar trading platform.
Exchange Rule 935NY provides that
orders submitted to the COA Process in
Exchange Rule 980NY(e) satisfy the
order exposure requirements in
Exchange Rule 935NY. The Exchange
proposes to amend Exchange Rule
935NY to provide that orders submitted
to the Pillar COA in proposed Exchange
Rule 980NYP(f) also satisfy the order
exposure requirements of Exchange
Rule 935NY. The Commission believes
that the proposed change to Exchange
Rule 935NY is consistent with the Act
because, as discussed above, the COA
Auction in proposed Exchange Rule
980NYP(f) is substantially identical to
the COA in Exchange Rule 980NY(e).
a.m. and 3 p.m. Copies of the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–NYSEAMER–2023–17 and should
be submitted on or before July 13, 2023.
IV. Solicitation of Comments on
Amendment No. 1
Interested persons are invited to
submit written data, views, and
arguments concerning whether
Amendment No. 1 is consistent with the
Act. Comments may be submitted by
any of the following methods:
The Commission finds good cause to
approve the proposed rule change, as
modified by Amendment No. 1, prior to
the thirtieth day after the date of
publication of the notice of Amendment
No. 1 in the Federal Register.
Amendment No. 1 revises the
Exchange’s original proposal to make
the changes discussed in detail above.
Notably, Amendment No. 1 revises the
definition of DBBO in proposed
Exchange Rule 980NYP(a)(5)(A) to
clarify collar value used to determine
the DBBO, clarifies a cross-reference in
the definition of ‘‘Electronic Complex
Order,’’ and eliminates the proposed
definition of ‘‘Complex BBO,’’ which is
unnecessary because the term is not
used in the proposed rules. Amendment
No. 1 also revises proposed Exchange
Rule 980NYP(c)(4) to indicate that ECOs
may be quoted, as well as traded in
$0.01 increments, revises proposed
Exchange Rule 980NYP(d)(3)(B)(iii) to
more clearly describe the execution of
ECOs eligible to participate in an
opening or reopening auction, and
revises proposed Exchange Rule
980NYP(f)(4) to describe the execution
of RFR Responses in a COA.
Amendment No. 1 also provides
additional analysis of several aspects of
the proposal, including identifying
provisions in the proposal that are
identical to NYSE Arca Rule 6.91P–O
and more fully explaining the process
for determining the DBBO, thereby
facilitating the Commission’s ability to
make the findings set forth above to
approve the proposal. The Commission
believes that Amendment No. 1 does not
raise any novel regulatory issues.
Accordingly, the Commission finds
good cause for approving the proposed
rule change, as modified by Amendment
No. 1, on an accelerated basis.
ddrumheller on DSK120RN23PROD with NOTICES1
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEAMER–2023–17 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEAMER–2023–17. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of 10
VerDate Sep<11>2014
18:01 Jun 21, 2023
Jkt 259001
V. Accelerated Approval of Proposed
Rule Change, as Modified by
Amendment No. 1
PO 00000
VI. Conclusion
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,123 that the
proposed rule change (SR–NYSEAMER–
2023–17), as modified by Amendment
No. 1, is approved on an accelerated
basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.124
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023–13221 Filed 6–21–23; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 12092]
30-Day Notice of Proposed Information
Collection: Two (2) Passport Services
Information Collections: Application
for Consular Report of Birth Abroad of
a Citizen of the United States of
America and Affidavit of Physical
Presence or Residence, Parentage,
and Support
Notice of request for public
comment.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collection described below.
In accordance with the Paperwork
Reduction Act of 1995, we are
requesting comments on this collection
from all interested individuals and
organizations. The purpose of this
notice is to allow 30 days for public
comment preceding submission of the
collection to OMB.
DATES: The Department will accept
comments from the public up to July 24,
2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to: www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function. You must include the DS form
number, information collection title,
and the OMB control number in any
correspondence (if applicable). You may
send requests for additional information
regarding the collection listed in this
notice, including requests for copies of
the proposed collection instrument and
supporting documents, to the following
SUMMARY:
123 15
124 17
Frm 00138
Fmt 4703
Sfmt 4703
E:\FR\FM\22JNN1.SGM
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
22JNN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices
email address: Passport-FormComments@State.gov. You must include
the DS form number and information
collection title in the email subject line.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection:
Application for Consular Report of Birth
Abroad of a Citizen of the United States
of America.
• OMB Control Number: 1405–0011.
• Type of Request: Reinstatement of a
Formerly Approved Collection.
• Originating Office: Bureau of
Consular Affairs, Passport Services (CA/
PPT).
• Form Number: DS–2029.
• Respondents: United States Citizens
and Nationals.
• Estimated Number of Respondents:
85,170.
• Estimated Number of Responses:
85,170.
• Average Time per Response: 60
minutes.
• Total Estimated Burden Time:
85,170 hours.
• Frequency: On occasion.
• Obligation to Respond: Voluntary.
• Title of Information Collection:
Affidavit of Physical Presence or
Residence, Parentage, and Support.
• OMB Control Number: 1405–0187.
• Type of Request: Revision of a
Currently Approved Collection.
• Originating Office: Bureau of
Consular Affairs, Passport Services (CA/
PPT).
• Form Number: DS–5507.
• Respondents: Individuals and
Organizations.
• Estimated Number of Respondents:
45,869.
• Estimated Number of Responses:
45,869.
• Average Time per Response: 30
minutes.
• Total Estimated Time Burden:
22,935 hours.
• Frequency: On occasion.
• Obligation to Respond: Required to
Obtain or Retain a Benefit.
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
VerDate Sep<11>2014
18:01 Jun 21, 2023
Jkt 259001
technology. Please note that comments
submitted in response to this Notice are
public record. Before including any
detailed personal information, you
should be aware that your comments as
submitted, including your personal
information, will be available for public
review.
Abstract of Proposed Collection
• 1405–0011, DS–2029, Application
for Consular Report of Birth Abroad of
a Citizen of the United States of
America: The form is used to apply for
a Consular Report of Birth Abroad of a
U.S. citizen. The information collected
on this form will be used to certify the
acquisition of U.S. citizenship at birth of
a person born abroad. 8 U.S.C. 1104 and
22 CFR 50.5–50.7 are among the
important legal authorities pertaining to
the Department’s use of this form.
• 1405–0187, DS–5507, Affidavit of
Physical Presence or Residence,
Parentage, and Support: The form is
used to determine whether a U.S.
national parent has met the statutory
physical presence or residence
requirements to transmit U.S.
nationality to their child born abroad or
in a United States territory for U.S.
noncitizen nationality; to establish
parentage of the child; and to fulfill the
requirements of 8 U.S.C. 1409(a), which
permits acknowledgment of paternity
under oath and requires the U.S. citizen
father’s written agreement to provide
financial support for a child born abroad
out of wedlock to a U.S. citizen father.
The DS–2029, Application for
Consular Report of Birth Abroad of a
Citizen of the United States of America,
has been amended based on changes in
Department policy. The Department’s
new gender policy permits passport
applicants to select the gender marker
on their passport without presenting
medical documentation of gender
transition. This policy change includes
updating forms to add a third gender
marker ‘‘X’’ for applicants identifying as
unspecified or another gender identity
(in addition to the existing ‘‘M’’ and ‘‘F’’
gender markers).
Both the DS–2029 and the DS–5507
have been amended to replace the term
‘‘sex’’ with ‘‘gender’’ and to be pronouninclusive of all genders.
Both forms have been amended to
reflect the Department’s updated
interpretation of Section 301 of the
Immigration and Nationality Act (INA).
Under the updated interpretation, INA
Section 301 applies to children born
abroad to parents who are married to
each other at the time of the child’s
birth, when the child has a genetic or
gestational connection to at least one of
the parents in the marriage, and one of
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
40913
the parents in the marriage is a U.S.
citizen. This updated interpretation
accommodates modern families and the
growing use of Assisted Reproductive
Technology (ART) and surrogacy. The
Department’s previous interpretation of
the INA required a child born abroad to
a U.S. citizen parent and a foreign
national parent to have a genetic or
gestational tie to the U.S. citizen parent
to acquire U.S. citizenship at birth (if all
other statutory transmission
requirements are met). The Department
had considered births abroad where one
of the parents did not have a genetic or
gestational tie to the child as ‘‘out of
wedlock,’’ even if the parents were
married, and adjudicated such claims
under INA Section 309. The Department
will now adjudicate citizenship claims
under the ‘‘in wedlock’’ provisions of
INA Section 301 when the parents are
married at the time of the child’s birth
and at least one parent has a genetic or
gestational tie to the child. Under the
updated interpretation, the child may
have a genetic or gestational tie to either
parent in a legal marriage—if one of
those parents is a U.S. citizen and all
other statutory transmission
requirements have been met—to acquire
U.S. citizenship at birth. A child born
abroad in this circumstance is now
considered to be born ‘‘in wedlock’’ for
the purposes of INA Section 301.
Finally, the DS–5507 instructions
regarding periods of physical presence
or residence in the United States or
abroad have been amended to decrease
the burden on the public by clarifying
that the Department will accept just the
Month and Year [or MM–YYYY format]
for time frames if exact dates are
unknown. However, the instructions
also indicate that the individual may be
asked to provide exact dates if necessary
to determine that statutory transmission
requirements have been met.
Methodology
Parents normally submit an
application for a Consular Report of
Birth Abroad at a U.S. embassy or
consulate in the consular district in
which the birth occurred. A consular
officer will interview the parent(s)/
guardian, examine the application and
supporting documentation, and enter
the information provided into the
Department of State American Citizen
Services (ACS) electronic database.
Parent(s) may complete and submit
the Affidavit of Physical Presence or
Residence, Parentage, and Support in
person or by mail. The form may be
accessed online, completed
electronically, printed, and signed; or it
may be downloaded, printed, and filled
out manually.
E:\FR\FM\22JNN1.SGM
22JNN1
40914
Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices
The DS–2029 is also available in an
online format (known as ‘‘eCRBA’’). The
eCRBA will allow applicants to enter
their data, upload required documents,
pay fees, and schedule an appointment
to appear at the adjudicating post for an
interview. Additionally, the applicant
will be able to check the status of their
application. The eCRBA pilot launched
in March 2019 at posts located in
Toronto, Mexico City, Frankfurt, Paris,
Tokyo, and Sydney. The Department
continues to work on enhancements
with an anticipated phased global
rollout in 2023.
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, Department of State.
[FR Doc. 2023–13227 Filed 6–21–23; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF STATE
[Public Notice: 12103]
ddrumheller on DSK120RN23PROD with NOTICES1
Notice of Public Meeting in Preparation
for International Maritime Organization
Council 129 Meeting
The Department of State will conduct
a public meeting at 10:00 a.m. on
Thursday, July 13, 2023, both in-person
at Coast Guard Headquarters in
Washington, DC, and via teleconference.
The primary purpose of the meeting is
to prepare for the 129th session of the
International Maritime Organization’s
(IMO) Council (C 129) to be held in
London, United Kingdom from Monday,
July 17, 2023 to Friday, July 21, 2023.
Members of the public may
participate up to the capacity of the
teleconference phone line, which can
handle 500 participants or up to the
seating capacity of the room if attending
in person. The meeting location will be
the United States Coast Guard
Headquarters, 5PS Conference Room,
and the teleconference line will be
provided to those who RSVP. To RSVP,
participants should contact the meeting
coordinator, LT Emily Rowan, by email
at Emily.K.Rowan@uscg.mil. LT Rowan
will provide access information for inperson and virtual attendance.
The agenda items to be considered at
this meeting mirror those to be
considered at Council 129, and include:
—Adoption of the agenda
—Report of the Secretary-General on
credentials
—Rules of Procedure
—Strategy, planning and reform
—Resource Management
—Results-based budget for 2024–2025
—Consolidated text of the IMO
Convention
—IMO Member State Audit Scheme
VerDate Sep<11>2014
18:01 Jun 21, 2023
Jkt 259001
—Reports of the Maritime Safety
Committee
—Reports of the Marine Environmental
Protection Committee
—Report of the Legal Committee
—Report of the Facilitation Committee
—Protection of vital shipping lanes
—Assembly matters
—External relations
—Report on the status of the Convention
and membership of the Organization
—Report on the status of conventions
and other multilateral instruments in
respect of which the Organization
performs functions
—Hybrid meeting capabilities
—Matters arising from C/ES.35
—Appointment of the Secretary-General
—Place, date and duration of the next
session of the Council (C 130) and
substantive items for inclusion in the
provisional agendas for the next two
sessions of the Council (C 130 and C
131)
—Supplementary agenda items, if any
Please note: the IMO may, on short
notice, adjust the C 129 agenda to
accommodate the constraints associated
with the meeting format. Any changes to
the agenda will be reported to those
who RSVP.
Those who plan to participate should
contact the meeting coordinator, LT
Emily Rowan, by email at
Emily.K.Rowan@uscg.mil, or in writing
at 2703 Martin Luther King Jr. Ave. SE,
Stop 7509, Washington, DC 20593–
7509, by July 6, 2023. Please note that,
due to security considerations, two
valid, government issued photo
identifications must be presented to
gain entrance to the Douglas A. Munro
Coast Guard Headquarters Building at
St. Elizabeth’s. This building is
accessible by taxi, public transportation,
and privately owned conveyance (upon
request). Additionally, members of the
public needing reasonable
accommodation should advise the
meeting coordinator not later than July
6, 2023. Requests made after that date
will be considered but might not be
possible to fulfill.
Additional information regarding this
and other IMO public meetings may be
found at: https://www.dco.uscg.mil/
IMO.
(Authority: 22 U.S.C. 2656)
Emily A. Rose,
Coast Guard Liaison Officer, Office of Ocean
and Polar Affairs, Department of State.
[FR Doc. 2023–13201 Filed 6–21–23; 8:45 am]
BILLING CODE 4710–09–P
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
SURFACE TRANSPORTATION BOARD
[Docket No. EP 290 (Sub-No. 5) (2023–3)]
Quarterly Rail Cost Adjustment Factor
Surface Transportation Board.
Approval of rail cost adjustment
AGENCY:
ACTION:
factor.
The Board has approved the
third quarter 2023 Rail Cost Adjustment
Factor (RCAF) and cost index filed by
the Association of American Railroads.
The third quarter 2023 RCAF
(Unadjusted) is 0.975. The third quarter
2023 RCAF (Adjusted) is 0.389. The
third quarter 2023 RCAF–5 is 0.372.
DATES: Applicability Date: July 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Pedro Ramirez at (202) 245–0333. If you
require an accommodation under the
Americans with Disabilities Act, please
call (202) 245–0245.
SUPPLEMENTARY INFORMATION:
Additional information is contained in
the Board’s decision, which is available
at www.stb.gov.
SUMMARY:
Decided: June 15, 2023.
By the Board, Board Members Fuchs,
Hedlund, Oberman, Primus, and Schultz.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023–13249 Filed 6–21–23; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Interagency Labor Committee
for Monitoring and Enforcement Final
Procedural Guidelines for Petitions
Pursuant to the USMCA
Office of the United States
Trade Representative (USTR).
ACTION: Notice.
AGENCY:
The Interagency Labor
Committee for Monitoring and
Enforcement (Committee) publishes in
the Annex to this notice the final
revised procedural guidelines for
submissions by the public of
information with respect to potential
failures of Canada or Mexico to
implement their labor obligations under
the United States-Mexico-Canada
Agreement (USMCA or Agreement).
These procedural guidelines include
revisions that respond to comments
received and minor technical
clarifications.
FOR FURTHER INFORMATION CONTACT:
Deborah Birnbaum, Office of the
General Counsel, at
Deborah.e.Birnbaum@ustr.eop.gov or
(202) 395–9622.
SUMMARY:
E:\FR\FM\22JNN1.SGM
22JNN1
Agencies
[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40912-40914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13227]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 12092]
30-Day Notice of Proposed Information Collection: Two (2)
Passport Services Information Collections: Application for Consular
Report of Birth Abroad of a Citizen of the United States of America and
Affidavit of Physical Presence or Residence, Parentage, and Support
ACTION: Notice of request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Department of State is seeking Office of Management and
Budget (OMB) approval for the information collection described below.
In accordance with the Paperwork Reduction Act of 1995, we are
requesting comments on this collection from all interested individuals
and organizations. The purpose of this notice is to allow 30 days for
public comment preceding submission of the collection to OMB.
DATES: The Department will accept comments from the public up to July
24, 2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to: www.reginfo.gov/public/do/PRAMain. Find this
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. You must
include the DS form number, information collection title, and the OMB
control number in any correspondence (if applicable). You may send
requests for additional information regarding the collection listed in
this notice, including requests for copies of the proposed collection
instrument and supporting documents, to the following
[[Page 40913]]
email address: [email protected]. You must include the
DS form number and information collection title in the email subject
line.
SUPPLEMENTARY INFORMATION:
Title of Information Collection: Application for Consular
Report of Birth Abroad of a Citizen of the United States of America.
OMB Control Number: 1405-0011.
Type of Request: Reinstatement of a Formerly Approved
Collection.
Originating Office: Bureau of Consular Affairs, Passport
Services (CA/PPT).
Form Number: DS-2029.
Respondents: United States Citizens and Nationals.
Estimated Number of Respondents: 85,170.
Estimated Number of Responses: 85,170.
Average Time per Response: 60 minutes.
Total Estimated Burden Time: 85,170 hours.
Frequency: On occasion.
Obligation to Respond: Voluntary.
Title of Information Collection: Affidavit of Physical
Presence or Residence, Parentage, and Support.
OMB Control Number: 1405-0187.
Type of Request: Revision of a Currently Approved
Collection.
Originating Office: Bureau of Consular Affairs, Passport
Services (CA/PPT).
Form Number: DS-5507.
Respondents: Individuals and Organizations.
Estimated Number of Respondents: 45,869.
Estimated Number of Responses: 45,869.
Average Time per Response: 30 minutes.
Total Estimated Time Burden: 22,935 hours.
Frequency: On occasion.
Obligation to Respond: Required to Obtain or Retain a
Benefit.
We are soliciting public comments to permit the Department to:
Evaluate whether the proposed information collection is
necessary for the proper functions of the Department.
Evaluate the accuracy of our estimate of the time and cost
burden for this proposed collection, including the validity of the
methodology and assumptions used.
Enhance the quality, utility, and clarity of the
information to be collected.
Minimize the reporting burden on those who are to respond,
including the use of automated collection techniques or other forms of
information technology. Please note that comments submitted in response
to this Notice are public record. Before including any detailed
personal information, you should be aware that your comments as
submitted, including your personal information, will be available for
public review.
Abstract of Proposed Collection
1405-0011, DS-2029, Application for Consular Report of
Birth Abroad of a Citizen of the United States of America: The form is
used to apply for a Consular Report of Birth Abroad of a U.S. citizen.
The information collected on this form will be used to certify the
acquisition of U.S. citizenship at birth of a person born abroad. 8
U.S.C. 1104 and 22 CFR 50.5-50.7 are among the important legal
authorities pertaining to the Department's use of this form.
1405-0187, DS-5507, Affidavit of Physical Presence or
Residence, Parentage, and Support: The form is used to determine
whether a U.S. national parent has met the statutory physical presence
or residence requirements to transmit U.S. nationality to their child
born abroad or in a United States territory for U.S. noncitizen
nationality; to establish parentage of the child; and to fulfill the
requirements of 8 U.S.C. 1409(a), which permits acknowledgment of
paternity under oath and requires the U.S. citizen father's written
agreement to provide financial support for a child born abroad out of
wedlock to a U.S. citizen father.
The DS-2029, Application for Consular Report of Birth Abroad of a
Citizen of the United States of America, has been amended based on
changes in Department policy. The Department's new gender policy
permits passport applicants to select the gender marker on their
passport without presenting medical documentation of gender transition.
This policy change includes updating forms to add a third gender marker
``X'' for applicants identifying as unspecified or another gender
identity (in addition to the existing ``M'' and ``F'' gender markers).
Both the DS-2029 and the DS-5507 have been amended to replace the
term ``sex'' with ``gender'' and to be pronoun-inclusive of all
genders.
Both forms have been amended to reflect the Department's updated
interpretation of Section 301 of the Immigration and Nationality Act
(INA). Under the updated interpretation, INA Section 301 applies to
children born abroad to parents who are married to each other at the
time of the child's birth, when the child has a genetic or gestational
connection to at least one of the parents in the marriage, and one of
the parents in the marriage is a U.S. citizen. This updated
interpretation accommodates modern families and the growing use of
Assisted Reproductive Technology (ART) and surrogacy. The Department's
previous interpretation of the INA required a child born abroad to a
U.S. citizen parent and a foreign national parent to have a genetic or
gestational tie to the U.S. citizen parent to acquire U.S. citizenship
at birth (if all other statutory transmission requirements are met).
The Department had considered births abroad where one of the parents
did not have a genetic or gestational tie to the child as ``out of
wedlock,'' even if the parents were married, and adjudicated such
claims under INA Section 309. The Department will now adjudicate
citizenship claims under the ``in wedlock'' provisions of INA Section
301 when the parents are married at the time of the child's birth and
at least one parent has a genetic or gestational tie to the child.
Under the updated interpretation, the child may have a genetic or
gestational tie to either parent in a legal marriage--if one of those
parents is a U.S. citizen and all other statutory transmission
requirements have been met--to acquire U.S. citizenship at birth. A
child born abroad in this circumstance is now considered to be born
``in wedlock'' for the purposes of INA Section 301.
Finally, the DS-5507 instructions regarding periods of physical
presence or residence in the United States or abroad have been amended
to decrease the burden on the public by clarifying that the Department
will accept just the Month and Year [or MM-YYYY format] for time frames
if exact dates are unknown. However, the instructions also indicate
that the individual may be asked to provide exact dates if necessary to
determine that statutory transmission requirements have been met.
Methodology
Parents normally submit an application for a Consular Report of
Birth Abroad at a U.S. embassy or consulate in the consular district in
which the birth occurred. A consular officer will interview the
parent(s)/guardian, examine the application and supporting
documentation, and enter the information provided into the Department
of State American Citizen Services (ACS) electronic database.
Parent(s) may complete and submit the Affidavit of Physical
Presence or Residence, Parentage, and Support in person or by mail. The
form may be accessed online, completed electronically, printed, and
signed; or it may be downloaded, printed, and filled out manually.
[[Page 40914]]
The DS-2029 is also available in an online format (known as
``eCRBA''). The eCRBA will allow applicants to enter their data, upload
required documents, pay fees, and schedule an appointment to appear at
the adjudicating post for an interview. Additionally, the applicant
will be able to check the status of their application. The eCRBA pilot
launched in March 2019 at posts located in Toronto, Mexico City,
Frankfurt, Paris, Tokyo, and Sydney. The Department continues to work
on enhancements with an anticipated phased global rollout in 2023.
Kevin E. Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2023-13227 Filed 6-21-23; 8:45 am]
BILLING CODE 4710-06-P