Third-Party Attendance at Appointments for Passport, Consular Report of Birth Abroad (CRBA), and Certain Other Services, 48143-48145 [2023-15744]
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Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Proposed Rules
• Hand Delivery of Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m., and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: In addition to the final policy
statement, the FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. DOT’s complete
Privacy Act Statement can be found in
the Federal Register published on April
11, 2000 (65 FR 19477–19478), as well
as at https://DocketsInfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Sue
McCormick, Product Policy
Management: Systems Standards
Section, AIR–63A, Organization and
Systems Policy Branch, Policy and
Standards Division, Aircraft
Certification Service, by email at
susan.mccormick@faa.gov, or by phone
at (206) 231–3242.
SUPPLEMENTARY INFORMATION:
Discussion
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Section 105(a) of the Aircraft
Certification, Safety, and Accountability
Act, Public Law 116–260 (the Act),
defines five categories of ‘‘safety critical
information’’ and instructs the FAA to
take a variety of actions related to the
submittal of such information by
applicants for, or holders of, type
certificates for transport category
airplanes. These five categories of
information all relate to the airplane’s
airworthiness characteristics. A
proposed design change that would
have an appreciable effect on an
airworthiness characteristic of a product
must be evaluated as a major, rather
than minor, change. 14 CFR 21.93,
21.95, and 21.97. Therefore, the FAA
plans to issue a policy statement stating
that a proposed design change to a
transport category airplane that would
materially alter safety critical
information would have an appreciable
affect on the airplane’s airworthiness,
and therefore would not qualify as a
minor change. A draft of the policy
statement may be examined in the
docket and at https://www.faa.gov/
aircraft/draft_docs.
Comments Invited
The FAA invites the public to submit
comments on the draft policy statement,
as specified in the ADDRESSES section of
this notification. Commenters should
include the subject line, ‘‘Classification
of Type Design Changes That Would
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18:18 Jul 25, 2023
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Materially Alter Safety Critical
Information as Major Type Design
Changes’’ and the docket number on all
comments submitted to the FAA. The
most helpful comments will reference a
specific recommendation, explain the
reason for any recommended change,
and include supporting information.
The FAA will consider all comments
received on or before the closing date,
before issuing the final policy statement.
The FAA will also consider late-filed
comments if it is possible to do so
without incurring expense or delay.
Issued in Washington, DC.
Brian Cable,
Manager, Organization and Systems Policy
Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023–15853 Filed 7–25–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Parts 50, 51, and 71
[Public Notice: 11999]
RIN 1400–AF54
Third-Party Attendance at
Appointments for Passport, Consular
Report of Birth Abroad (CRBA), and
Certain Other Services
Department of State.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Department proposes a
rule to provide that private attorneys,
interpreters, and other third parties may
attend certain appointments at passport
agencies and centers and at U.S.
embassies and consulates abroad to
assist the person requesting services (the
applicant/requester). This rulemaking
permitting third-party attendance will
apply only to appointments in support
of an application for a U.S. passport,
either domestically or overseas; to
appointments related to a request for a
Consular Report of Birth Abroad or a
Certificate of Loss of Nationality of the
United States (CLN); and to other
appointments for certain other services
offered by American Citizens Services
(ACS) units at U.S. embassies and
consulates overseas (posts). In addition,
the Department is proposing technical
corrections to clarify who may act as a
consular officer for purposes of the
Protection and Welfare of Citizens and
their Property.
DATES: The Department of State will
accept comments until September 25,
2023.
ADDRESSES: Interested parties may
submit comments to the Department by
any of the following methods:
SUMMARY:
PO 00000
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48143
• Visit the Regulations.gov website at:
https://www.regulations.gov and search
for the docket number DOS–2023–0008.
• Email:
PassportOfficeofAdjudicationGeneral@
state.gov. You must include AF54 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
will publish a Final Rule (in which it
will address relevant comments) as
expeditiously as possible.
FOR FURTHER INFORMATION CONTACT:
Jennifer Tinianow, Office of
Adjudication, Passport Services, (202)
485–8800, or email
PassportOfficeofAdjudicationGeneral@
state.gov.
SUPPLEMENTARY INFORMATION:
Applicants appearing for passport and/
or Consular Reports of Birth Abroad
(CRBA) appointments or seeking certain
other services as described below at an
American Citizens Services (ACS) unit
overseas, occasionally request that a
private attorney, interpreter, and/or
other third party physically accompany
them to the appointment. In order to
clarify worldwide guidelines for thirdparty attendance at appointments for a
passport (either at a U.S. domestic
agency or center or overseas), CRBA, or
certain other services offered by the
ACS Unit at an overseas post, the
Department proposes to amend 22 CFR
parts 50, 51, and 71 to address when
attorneys and/or other third parties may
attend an appointment for a U.S.
passport, CRBA, Certificate of Loss of
Nationality of the United States (CLN),
or for certain other U.S. citizen services
offered at post by the ACS unit overseas.
Although Department guidance has
permitted third-party attendance at such
appointments in the past, the
Department has not promulgated a
regulation regarding third-party
attendance. Based on our determination
that domestic passport agencies and
centers and ACS units at U.S. embassies
and consulates overseas generally have
the capacity to accommodate third-party
attendance at such appointments under
existing policy, the Department
proposes to publish regulations not only
to provide greater transparency to the
public but also an explicit framework
through which the Department,
including the Diplomatic Security
Service and Chiefs of Mission, may
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48144
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Proposed Rules
facilitate such third-party attendance.
The proposed rule specifically
addresses attendance of a private
attorney, interpreter, and/or other third
party to assist a U.S. citizen or a person
with a claim to U.S. citizenship
appearing for a passport appointment at
a passport agency or center domestically
or U.S. embassy or consulate overseas,
or for a CRBA or CLN appointment at
a U.S. embassy or consulate overseas.
The proposed rule also applies to the
three types of U.S. citizen services
offered at an ACS unit at post, as
described in 7 FAM 020 Appendix B
(routine American Citizens Services,
Special Consular Services, and consular
crisis preparedness and response).
While the Department believes that
the assistance of a third party is not
needed to obtain a U.S. passport, CBRA,
or to receive other U.S. citizen services,
it recognizes that U.S. citizens or
persons may wish to be accompanied by
a private attorney, interpreter, and/or
other third party to their appointment(s)
to provide assistance. This proposed
rule pertains to third parties who may
physically accompany an individual to
a covered appointment. It further
confirms that all regulations related to
passport and CRBA applications in this
chapter continue to apply including, but
not limited to, regulations placing the
burden of proving eligibility for the
requested service or document on the
applicant. Individuals will bear any cost
associated with the attendance of an
attorney, interpreter, and/or other third
party. Attendees must follow all
security policies of the facility in which
the appointment takes place and may
not be permitted to attend an
appointment if they engage in any
conduct that in the view of the
Diplomatic Security Service or Chief of
Mission (or designee), in their sole
discretion, disrupts the appointment.
Entry to U.S. embassies and consulates
is pursuant to Department, Chief of
Mission, and/or Diplomatic Security
policies, security directives, and
communicated guidelines.
Lastly, the Department is proposing
technical amendments to 22 CFR part 71
to clarify that appropriately designated
Department employees, in addition to
officers of the Foreign Service, may
assist U.S. citizens seeking assistance at
overseas posts. This change is consistent
with Federal law and regulations which
were amended after 22 CFR part 71 was
published in 1957.
Regulatory Findings
Administrative Procedure Act
The Department of State is publishing
this rulemaking as a proposed rule and
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18:18 Jul 25, 2023
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is providing 60 days for public
comment.
Executive Order 13563—Improving
Regulation and Regulatory Review
Regulatory Flexibility Act
The Department of State has
considered this proposed rule in light of
Executive Order 13563, dated January
18, 2011, and affirms that this regulation
is consistent with the guidance therein.
The Department of State, in
accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by
approving it, certifies that this
rulemaking will not have a significant
economic impact on a substantial
number of small entities. Only
individuals, and no small entities, apply
for passports or CRBAs or other services
offered by the American Citizens
Services (ACS) units at U.S. embassies
and consulates overseas.
Unfunded Mandates Act of 1995
This rulemaking 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.
Executive Order 12866
The Department has reviewed this
proposed regulation to ensure its
consistency with the regulatory
philosophy and principles set forth in
Executive Order 12866, as amended by
Executive Order 14094. Applicants
appearing for passport and/or CRBA
appointments or seeking certain other
services from an ACS unit overseas
occasionally request that a private
attorney, interpreter, and/or other third
party physically accompany them to the
appointment; however, Department
regulations currently do not address
third party attendance in these contexts.
The Department finds that the cost of
this rulemaking to the public is
expected to be minimal and provides a
potential benefit to individuals who
wish an attorney, interpreter, and/or
other third party to accompany them to
a passport, CRBA, or other appointment
at an ACS unit overseas. At the same
time, those who wish to appear without
being accompanied by such individuals
may do so; this proposed rulemaking
does not mandate any change in the
public’s behavior. Additionally, the
Department does not anticipate that
demand for passport, CRBA, or other
services at ACS units overseas will
change as a result of this rulemaking. In
summary, the Department anticipates no
substantive impact on the public from
this rulemaking.
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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
proposed rulemaking does not have
sufficient federalism implications to
require consultations or warrant the
preparation of a federalism summary
impact statement. The regulations
implementing E.O. 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this regulation.
Executive Order 13175—Consultation
With Tribal Governments
The Department has determined that
this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
pre-empt tribal law. Accordingly, the
requirements of E.O. 13175 do not apply
to this proposed rule.
Paperwork Reduction Act
This rulemaking does not impose any
new reporting or recordkeeping
requirements subject to the Paperwork
Reduction Act, 44 U.S.C. chapter 35.
List of Subjects
22 CFR Part 50
Citizenship and naturalization.
22 CFR Part 51
Passports.
22 CFR Part 71
Protection of U.S. citizens abroad.
Accordingly, for the reasons set forth
in the preamble, the Department of State
proposes to amend 22 CFR parts 50, 51,
and 71 as follows:
PART 50—NATIONALITY
PROCEDURES
1. The authority for part 50 continues
to read as follows:
■
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104
and 1401 through 1504.
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Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Proposed Rules
2. Amend § 50.40 by adding paragraph
(f) to read as follows:
■
§ 50.40 Certification of loss of U.S.
nationality.
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*
*
*
*
*
(f) Attorney and/or Other Third-Party
Presence at In-Person Certificate of Loss
of Nationality (CLN) appointments.
Individuals may, at their own expense,
have a private attorney, interpreter, and/
or other third party of their own choice
physically present during any in-person
appointment, including interview
appointments, at a U.S. embassy or
consulate abroad related to a request for
a CLN; provided that:
(1) The individual or the attorney
and/or other third party shall provide
advance notice of the attorney’s and/or
other third party’s intent to attend the
CLN appointment in the manner
specified by the Department of State
and/or the specific U.S. embassy or
consulate where the appointment is to
take place.
(2) The individual requesting the CLN
must appear in person for the
mandatory in-person interview
appointment(s); attendance by an
attorney and/or other third party shall
not be in lieu of the individual’s inperson appearance.
(3) The diplomatic or consular officer
will direct all interview questions to the
individual requesting the CLN, and the
individual must personally respond to
the consular officer.
(4) The diplomatic or consular officer
conducting the interview shall have the
discretion to interview the individual
alone, without an attorney and/or other
third-party present, when necessary to
evaluate whether the individual has
performed a potentially expatriating act
independently, free from duress or
coercion, and with intent to relinquish
U.S. nationality.
(5) Nothing in this section abrogates
any policies, security directives, and
guidelines from the Department, Chief
of Mission, or Diplomatic Security
Service regarding admission to or
conduct in the U.S. embassy or
consulate. All persons entering a U.S.
embassy or consulate shall comply with
all policies, security directives,
guidelines, and protocols, including but
not limited to those regarding security,
identification, screening, electronic
devices, recording, health, and conduct.
Individuals may be refused entry or
directed to leave the U.S. embassy or
consulate for noncompliance with such
policies, directives, guidelines, and
protocols.
■ 3. Add subpart D to part 50 to read as
follows:
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18:18 Jul 25, 2023
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Subpart D—Third-Party Attendance at
Passport and Consular Report of Birth
Abroad (CRBA) Appointments
Sec.
50.52. Attorney or Other Third-Party
Assistance.
§ 50.52. Attorney or other third-party
assistance.
(a) A person appearing for a passport
appointment at a passport agency or
center domestically or a U.S. embassy or
consulate overseas or for a Consular
Report of Birth Abroad (CRBA)
appointment overseas may be physically
accompanied by a private attorney,
interpreter, and/or other third party of
their own choice at their own expense
to provide assistance. All regulations
related to passport and CRBA
applications in this chapter continue to
apply including, but not limited to,
regulations placing the burden of
proving eligibility for the requested
service or document on the applicant/
requester.
(1) An applicant and/or their attorney,
and/or other third-party attendee may,
at their own expense, bring their own
interpreter to any passport and/or CRBA
appointment, provided the applicant
and/or their attorney and/or third-party
attendee provides advance notice of
such attendance pursuant to guidance
issued by the Department.
(2) Attendance by an attorney and/or
other third party at the appointment
does not excuse the in-person
appearance of the applicant as outlined
by §§ 51.21 and 51.28 of this chapter.
(3) Nothing in this section abrogates
any policies, security directives, and
guidelines from the Department, Chief
of Mission, or Diplomatic Security
Service regarding admission to or
conduct in a domestic passport agency
or center or at a U.S. embassy or
consulate overseas. All persons entering
a domestic passport agency or center or
a U.S. embassy or consulate overseas
shall comply with all policies, security
directives, guidelines, and protocols,
including but not limited to those
regarding security, identification,
screening, electronic devices, recording,
health, and conduct. Individuals may be
refused entry or directed to leave the
U.S. embassy or consulate for
noncompliance with such policies,
directives, guidelines, and protocols.
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);
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Sfmt 9990
48145
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 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. Add § 51.29 to read as follows:
§ 51.29 Attorney or other third-party
assistance.
A person seeking passport services
may be physically accompanied by an
attorney, interpreter, and/or other third
party of their own choice at their own
expense in accordance with § 50.52 of
this chapter.
PART 71—PROTECTION AND
WELFARE OF CITIZENS AND THEIR
PROPERTY
1. The Authority citation for Part 71
is amended to read as follows:
■
Authority: 22 U.S.C. 3904; 22 U.S.C. 2715;
22 U.S.C. 2715a; 22 U.S.C. 2715b; 22 U.S.C.
2715c; 22 U.S.C. 2671(b)(2); 22 U.S.C.
2671(d); 22 U.S.C. 2670(j); 22 U.S.C. 4196; 22
U.S.C. 4197
2. In subpart A of part 71, remove the
words ‘‘officer[s] of the Foreign Service’’
and replace them with the words
‘‘diplomatic or consular officer[s] of the
United States’’, wherever they appear.
■ 3. Revise § 71.1 to read as follows:
■
§ 71.1
Protection of Americans abroad.
(a) Consular officers shall perform
such duties in connection with the
protection of U.S. nationals abroad as
may be required by regulations
prescribed by the Secretary of State.
(b) U.S. citizens seeking protection,
welfare, or other routine American
Citizen Services, Special Consular
Services, and consular crisis
preparedness and response from an
American Citizens Services Unit at a
U.S. embassy or consulate may be
assisted in related proceedings by a
third party of their own choice at their
own expense in accordance with § 50.52
of this chapter.
(c) For purposes of this part, consular
officer includes any United States
citizen employee of the Department of
State who is designated by the Deputy
Assistant Secretary of State for Overseas
Citizens Services to perform consular
services overseas.
Rena Bitter,
Assistant Secretary, Bureau of Consular
Affairs, Department of State.
[FR Doc. 2023–15744 Filed 7–25–23; 8:45 am]
BILLING CODE 4710–25–P
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]]>Agencies
[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Proposed Rules]
[Pages 48143-48145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15744]
=======================================================================
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DEPARTMENT OF STATE
22 CFR Parts 50, 51, and 71
[Public Notice: 11999]
RIN 1400-AF54
Third-Party Attendance at Appointments for Passport, Consular
Report of Birth Abroad (CRBA), and Certain Other Services
AGENCY: Department of State.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department proposes a rule to provide that private
attorneys, interpreters, and other third parties may attend certain
appointments at passport agencies and centers and at U.S. embassies and
consulates abroad to assist the person requesting services (the
applicant/requester). This rulemaking permitting third-party attendance
will apply only to appointments in support of an application for a U.S.
passport, either domestically or overseas; to appointments related to a
request for a Consular Report of Birth Abroad or a Certificate of Loss
of Nationality of the United States (CLN); and to other appointments
for certain other services offered by American Citizens Services (ACS)
units at U.S. embassies and consulates overseas (posts). In addition,
the Department is proposing technical corrections to clarify who may
act as a consular officer for purposes of the Protection and Welfare of
Citizens and their Property.
DATES: The Department of State will accept comments until September 25,
2023.
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 docket number DOS-2023-0008.
Email: [email protected]. You
must include AF54 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 will publish a Final
Rule (in which it will address relevant comments) as expeditiously as
possible.
FOR FURTHER INFORMATION CONTACT: Jennifer Tinianow, Office of
Adjudication, Passport Services, (202) 485-8800, or email
[email protected].
SUPPLEMENTARY INFORMATION: Applicants appearing for passport and/or
Consular Reports of Birth Abroad (CRBA) appointments or seeking certain
other services as described below at an American Citizens Services
(ACS) unit overseas, occasionally request that a private attorney,
interpreter, and/or other third party physically accompany them to the
appointment. In order to clarify worldwide guidelines for third-party
attendance at appointments for a passport (either at a U.S. domestic
agency or center or overseas), CRBA, or certain other services offered
by the ACS Unit at an overseas post, the Department proposes to amend
22 CFR parts 50, 51, and 71 to address when attorneys and/or other
third parties may attend an appointment for a U.S. passport, CRBA,
Certificate of Loss of Nationality of the United States (CLN), or for
certain other U.S. citizen services offered at post by the ACS unit
overseas. Although Department guidance has permitted third-party
attendance at such appointments in the past, the Department has not
promulgated a regulation regarding third-party attendance. Based on our
determination that domestic passport agencies and centers and ACS units
at U.S. embassies and consulates overseas generally have the capacity
to accommodate third-party attendance at such appointments under
existing policy, the Department proposes to publish regulations not
only to provide greater transparency to the public but also an explicit
framework through which the Department, including the Diplomatic
Security Service and Chiefs of Mission, may
[[Page 48144]]
facilitate such third-party attendance. The proposed rule specifically
addresses attendance of a private attorney, interpreter, and/or other
third party to assist a U.S. citizen or a person with a claim to U.S.
citizenship appearing for a passport appointment at a passport agency
or center domestically or U.S. embassy or consulate overseas, or for a
CRBA or CLN appointment at a U.S. embassy or consulate overseas. The
proposed rule also applies to the three types of U.S. citizen services
offered at an ACS unit at post, as described in 7 FAM 020 Appendix B
(routine American Citizens Services, Special Consular Services, and
consular crisis preparedness and response).
While the Department believes that the assistance of a third party
is not needed to obtain a U.S. passport, CBRA, or to receive other U.S.
citizen services, it recognizes that U.S. citizens or persons may wish
to be accompanied by a private attorney, interpreter, and/or other
third party to their appointment(s) to provide assistance. This
proposed rule pertains to third parties who may physically accompany an
individual to a covered appointment. It further confirms that all
regulations related to passport and CRBA applications in this chapter
continue to apply including, but not limited to, regulations placing
the burden of proving eligibility for the requested service or document
on the applicant. Individuals will bear any cost associated with the
attendance of an attorney, interpreter, and/or other third party.
Attendees must follow all security policies of the facility in which
the appointment takes place and may not be permitted to attend an
appointment if they engage in any conduct that in the view of the
Diplomatic Security Service or Chief of Mission (or designee), in their
sole discretion, disrupts the appointment. Entry to U.S. embassies and
consulates is pursuant to Department, Chief of Mission, and/or
Diplomatic Security policies, security directives, and communicated
guidelines.
Lastly, the Department is proposing technical amendments to 22 CFR
part 71 to clarify that appropriately designated Department employees,
in addition to officers of the Foreign Service, may assist U.S.
citizens seeking assistance at overseas posts. This change is
consistent with Federal law and regulations which were amended after 22
CFR part 71 was published in 1957.
Regulatory Findings
Administrative Procedure Act
The Department of State is publishing this rulemaking as a proposed
rule and is providing 60 days for public comment.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rulemaking will not have a
significant economic impact on a substantial number of small entities.
Only individuals, and no small entities, apply for passports or CRBAs
or other services offered by the American Citizens Services (ACS) units
at U.S. embassies and consulates overseas.
Unfunded Mandates Act of 1995
This rulemaking 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.
Executive Order 12866
The Department has reviewed this proposed regulation to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866, as amended by Executive Order 14094. Applicants
appearing for passport and/or CRBA appointments or seeking certain
other services from an ACS unit overseas occasionally request that a
private attorney, interpreter, and/or other third party physically
accompany them to the appointment; however, Department regulations
currently do not address third party attendance in these contexts. The
Department finds that the cost of this rulemaking to the public is
expected to be minimal and provides a potential benefit to individuals
who wish an attorney, interpreter, and/or other third party to
accompany them to a passport, CRBA, or other appointment at an ACS unit
overseas. At the same time, those who wish to appear without being
accompanied by such individuals may do so; this proposed rulemaking
does not mandate any change in the public's behavior. Additionally, the
Department does not anticipate that demand for passport, CRBA, or other
services at ACS units overseas will change as a result of this
rulemaking. In summary, the Department anticipates no substantive
impact on the public from this rulemaking.
Executive Order 13563--Improving Regulation and Regulatory Review
The Department of State has considered this proposed rule in light
of Executive Order 13563, dated January 18, 2011, and affirms that this
regulation is consistent with the guidance therein.
Executive Orders 12372 and 13132--Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this proposed
rulemaking does not have sufficient federalism implications to require
consultations or warrant the preparation of a federalism summary impact
statement. The regulations implementing E.O. 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Executive Order 13175--Consultation With Tribal Governments
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not pre-empt tribal law.
Accordingly, the requirements of E.O. 13175 do not apply to this
proposed rule.
Paperwork Reduction Act
This rulemaking does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. chapter
35.
List of Subjects
22 CFR Part 50
Citizenship and naturalization.
22 CFR Part 51
Passports.
22 CFR Part 71
Protection of U.S. citizens abroad.
Accordingly, for the reasons set forth in the preamble, the
Department of State proposes to amend 22 CFR parts 50, 51, and 71 as
follows:
PART 50--NATIONALITY PROCEDURES
0
1. The authority for part 50 continues to read as follows:
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104 and 1401 through
1504.
[[Page 48145]]
0
2. Amend Sec. 50.40 by adding paragraph (f) to read as follows:
Sec. 50.40 Certification of loss of U.S. nationality.
* * * * *
(f) Attorney and/or Other Third-Party Presence at In-Person
Certificate of Loss of Nationality (CLN) appointments. Individuals may,
at their own expense, have a private attorney, interpreter, and/or
other third party of their own choice physically present during any in-
person appointment, including interview appointments, at a U.S. embassy
or consulate abroad related to a request for a CLN; provided that:
(1) The individual or the attorney and/or other third party shall
provide advance notice of the attorney's and/or other third party's
intent to attend the CLN appointment in the manner specified by the
Department of State and/or the specific U.S. embassy or consulate where
the appointment is to take place.
(2) The individual requesting the CLN must appear in person for the
mandatory in-person interview appointment(s); attendance by an attorney
and/or other third party shall not be in lieu of the individual's in-
person appearance.
(3) The diplomatic or consular officer will direct all interview
questions to the individual requesting the CLN, and the individual must
personally respond to the consular officer.
(4) The diplomatic or consular officer conducting the interview
shall have the discretion to interview the individual alone, without an
attorney and/or other third-party present, when necessary to evaluate
whether the individual has performed a potentially expatriating act
independently, free from duress or coercion, and with intent to
relinquish U.S. nationality.
(5) Nothing in this section abrogates any policies, security
directives, and guidelines from the Department, Chief of Mission, or
Diplomatic Security Service regarding admission to or conduct in the
U.S. embassy or consulate. All persons entering a U.S. embassy or
consulate shall comply with all policies, security directives,
guidelines, and protocols, including but not limited to those regarding
security, identification, screening, electronic devices, recording,
health, and conduct. Individuals may be refused entry or directed to
leave the U.S. embassy or consulate for noncompliance with such
policies, directives, guidelines, and protocols.
0
3. Add subpart D to part 50 to read as follows:
Subpart D--Third-Party Attendance at Passport and Consular Report
of Birth Abroad (CRBA) Appointments
Sec.
50.52. Attorney or Other Third-Party Assistance.
Sec. 50.52. Attorney or other third-party assistance.
(a) A person appearing for a passport appointment at a passport
agency or center domestically or a U.S. embassy or consulate overseas
or for a Consular Report of Birth Abroad (CRBA) appointment overseas
may be physically accompanied by a private attorney, interpreter, and/
or other third party of their own choice at their own expense to
provide assistance. All regulations related to passport and CRBA
applications in this chapter continue to apply including, but not
limited to, regulations placing the burden of proving eligibility for
the requested service or document on the applicant/requester.
(1) An applicant and/or their attorney, and/or other third-party
attendee may, at their own expense, bring their own interpreter to any
passport and/or CRBA appointment, provided the applicant and/or their
attorney and/or third-party attendee provides advance notice of such
attendance pursuant to guidance issued by the Department.
(2) Attendance by an attorney and/or other third party at the
appointment does not excuse the in-person appearance of the applicant
as outlined by Sec. Sec. 51.21 and 51.28 of this chapter.
(3) Nothing in this section abrogates any policies, security
directives, and guidelines from the Department, Chief of Mission, or
Diplomatic Security Service regarding admission to or conduct in a
domestic passport agency or center or at a U.S. embassy or consulate
overseas. All persons entering a domestic passport agency or center or
a U.S. embassy or consulate overseas shall comply with all policies,
security directives, guidelines, and protocols, including but not
limited to those regarding security, identification, screening,
electronic devices, recording, health, and conduct. Individuals may be
refused entry or directed to leave the U.S. embassy or consulate for
noncompliance with such policies, directives, guidelines, and
protocols.
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 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. Add Sec. 51.29 to read as follows:
Sec. 51.29 Attorney or other third-party assistance.
A person seeking passport services may be physically accompanied by
an attorney, interpreter, and/or other third party of their own choice
at their own expense in accordance with Sec. 50.52 of this chapter.
PART 71--PROTECTION AND WELFARE OF CITIZENS AND THEIR PROPERTY
0
1. The Authority citation for Part 71 is amended to read as follows:
Authority: 22 U.S.C. 3904; 22 U.S.C. 2715; 22 U.S.C. 2715a; 22
U.S.C. 2715b; 22 U.S.C. 2715c; 22 U.S.C. 2671(b)(2); 22 U.S.C.
2671(d); 22 U.S.C. 2670(j); 22 U.S.C. 4196; 22 U.S.C. 4197
0
2. In subpart A of part 71, remove the words ``officer[s] of the
Foreign Service'' and replace them with the words ``diplomatic or
consular officer[s] of the United States'', wherever they appear.
0
3. Revise Sec. 71.1 to read as follows:
Sec. 71.1 Protection of Americans abroad.
(a) Consular officers shall perform such duties in connection with
the protection of U.S. nationals abroad as may be required by
regulations prescribed by the Secretary of State.
(b) U.S. citizens seeking protection, welfare, or other routine
American Citizen Services, Special Consular Services, and consular
crisis preparedness and response from an American Citizens Services
Unit at a U.S. embassy or consulate may be assisted in related
proceedings by a third party of their own choice at their own expense
in accordance with Sec. 50.52 of this chapter.
(c) For purposes of this part, consular officer includes any United
States citizen employee of the Department of State who is designated by
the Deputy Assistant Secretary of State for Overseas Citizens Services
to perform consular services overseas.
Rena Bitter,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2023-15744 Filed 7-25-23; 8:45 am]
BILLING CODE 4710-25-P
