60-Day Notice of Proposed Information Collection: Three (3) Passport Services Information Collections: Birth Affidavit, Affidavit Regarding a Change of Name, and Statement of Non-Receipt of a U.S. Passport, 55110-55111 [2023-17368]
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Notices
Authority: 5 U.S.C. 1009 and 22
U.S.C. 2651a.
Stuart Smith,
Designated Federal Officer, Advisory
Committee on International Postal and
Delivery Services, Office of Specialized and
Technical Agencies, Bureau of International
Organization Affairs, Department of State.
[FR Doc. 2023–17347 Filed 8–11–23; 8:45 am]
BILLING CODE 4710–19–P
DEPARTMENT OF STATE
[Public Notice: 12117]
60-Day Notice of Proposed Information
Collection: Three (3) Passport Services
Information Collections: Birth Affidavit,
Affidavit Regarding a Change of Name,
and Statement of Non-Receipt of a U.S.
Passport
Notice of request for public
comment and submission to OMB of
proposed collection of information.
ACTION:
The Department of State has
submitted the information collections
described below to the Office of
Management and Budget (OMB) for
approval. In accordance with the
Paperwork Reduction Act of 1995, we
are requesting comments on these
collections from all interested
individuals and organizations. The
purpose of this Notice is to allow 60
days for public comment.
DATES: The Department will accept
comments from the public up to October
13, 2023.
ADDRESSES: You may submit comments
by any of the following methods:
• Web: Persons with access to the
internet may comment on this notice by
going to www.Regulations.gov. You can
search for the document by entering
‘‘Docket Number: DOS–2023–0021 in
the Search field. Then click the
‘‘Comment Now’’ button and complete
the comment form. Email and regular
mail options have been suspended to
centralize receiving and addressing all
comments in a timely manner.
• Email: Passport-Form-Comments@
State.gov. You must include the DS
form number (if applicable), information
collection title, and the OMB control
number in the email subject line.
SUPPLEMENTARY INFORMATION:
• Title of Information Collection: Birth
Affidavit
• OMB Control Number: 1405–0132
• Type of Request: Revision of a
Currently Approved Collection
• Originating Office: Bureau of Consular
Affairs, Passport Services (CA/PPT)
• Form Number: DS–10
• Respondents: Individuals
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SUMMARY:
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17:38 Aug 11, 2023
Jkt 259001
• Estimated Number of Respondents:
6,028
• Estimated Number of Responses:
6,028
• Average Time per Response: 40
minutes
• Total Estimated Burden Time: 4,018
hours
• Frequency: On occasion
• Obligation to Respond: Required to
Obtain a Benefit
• Title of Information Collection:
Affidavit Regarding a Change of Name
• OMB Control Number: 1405–0133
• Type of Request: Revision of a
Currently Approved Collection
• Originating Office: Bureau of Consular
Affairs, Passport Services (CA/PPT)
• Form Number: DS–60
• Respondents: Individuals
• Estimated Number of Respondents:
3,617
• Estimated Number of Responses:
3,617
• Average Time per Response: 40
minutes
• Total Estimated Time Burden: 2,411
hours
• Frequency: On occasion
• Obligation to Respond: Required to
Obtain or Retain a Benefit
• Title of Information Collection:
Statement of Non-Receipt of a U.S.
Passport
• OMB Control Number: 1405–0146
• Type of Request: Revision of a
Currently Approved Collection
• Originating Office: Bureau of Consular
Affairs, Passport Services (CA/PPT)
• Form Number: DS–86
• Respondents: Individuals
• Estimated Number of Respondents:
18,260
• Estimated Number of Responses:
18,260
• Average Time per Response: 15
minutes
• Total Estimated Time Burden: 4,565
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
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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 Collections
• 1405–0132, DS–10, Birth Affidavit:
The form is submitted in conjunction
with an application for a U.S. passport
and is used by Passport Services to
collect information for the purpose of
establishing the U.S. nationality of a
passport applicant who has not
submitted an acceptable United States
birth certificate with their passport
application. The Secretary of State is
authorized to issue U.S. passports under
22 U.S.C. 211a et seq, 8 U.S.C. 1104, and
Executive Order 11295 (August 5, 1966).
Pursuant to 22 U.S.C. 212 and 22 CFR
51.2, only U.S. nationals may be issued
a U.S. passport. Most passport
applicants establish U.S. nationality by
providing a birth certificate that lists a
place of birth within the United States
or its outlying possessions (currently
American Samoa and Swains Island).
Some applicants, however, may have
been born in the United States (and
subject to its jurisdiction), but were
never issued a birth certificate. Form
DS–10 is a form affidavit for completion
by a witness to the birth of such an
applicant; it collects information
relevant to establishing the identity of
the affiant, and the birth circumstances
of the passport applicant. If credible, the
affidavit may permit the applicant to
show U.S. nationality based on the
applicant’s birth in the United States,
despite never having been issued a U.S.
birth certificate. We use the information
collected on the person completing the
affidavit to confirm that individual’s
identity, which is relevant to confirming
his or her relationship to the applicant
and in assessing the likelihood that the
affiant has personal knowledge of the
facts of the applicant’s birth.
In an ongoing effort to reduce public
burden times, the ‘‘Sex’’ field
(previously Item 2) has been removed
from the DS–10, Birth Affidavit.
Passport Services determined that this
decision will not affect the procedural
or policy aspects of DS–10 form
adjudication or impact the
determination of U.S. citizenship
findings by passport adjudicators.
• 1405–0133, DS–60, Affidavit
Regarding a Change of Name: The form
is submitted in conjunction with an
application for a U.S. passport. It is used
by Passport Services to collect
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Notices
information for the purpose of
establishing that a passport applicant
has adopted a new name without formal
court proceedings or by marriage and
has publicly and exclusively used the
adopted name over a period of time (at
least five years).
• 1405–0146, DS–86, Statement of
Non-Receipt of a U.S. Passport: The
form is used by the U.S. Department of
State to collect information for the
purpose of issuing a replacement
passport to customers whose passports
have been issued but who have not
received their passport documents in
the mail. The information collected on
the Statement of Non-Receipt of a U.S.
Passport is used by the Department of
State to help ensure that no person bears
more than one valid or potentially valid
U.S. passport book of the same type
and/or passport card at any one time,
except as authorized by the Department.
The information on the form is also
used to address passport fraud and
misuse.
All three forms have been amended to
replace the term ‘‘sex’’ with ‘‘gender’’
and to be pronoun-inclusive of all
genders.
Methodology
ddrumheller on DSK120RN23PROD with NOTICES1
When needed, the Birth Affidavit is
either provided by the Department or
downloaded from the Department’s
website and completed by the affiant. It
must be signed in the presence of a
passport agent, acceptance agent, or
notary.
When needed, the Affidavit Regarding
a Change of Name is either provided by
the Department or downloaded from the
Department’s website and completed by
the affiant. It must be signed in the
presence of a passport agent, passport
acceptance agent, or notary.
When needed, the Statement of NonReceipt of a U.S. Passport is either
provided by the Department or
downloaded from the Department’s
website and completed by the passport
applicant.
Rachel M. Arndt,
Deputy Assistant Secretary, Bureau of
Consular Affairs, Passport Services
Department of State.
[FR Doc. 2023–17368 Filed 8–11–23; 8:45 am]
BILLING CODE 4710–06–P
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Jkt 259001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0304; FMCSA–
2019–0048; FMCSA–2019–0128]
California and Washington Meal and
Rest Break Rules; Notice of Waiver
Provision
55111
To avoid duplication, please use only
one of these four methods.
FOR FURTHER INFORMATION CONTACT:
Tracy M. White, Enforcement and
Litigation Division; FMCSA Office of
Chief Counsel; 1200 New Jersey Avenue
SE, Washington, DC 20590; (202) 493–
0349; Tracy.White@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9317 or (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of waiver provision.
I. Background
FMCSA provides notice that
the Agency will consider petitions for
waiver of its December 21, 2018, and
January 13, 2020, decisions preempting
the State of California’s Meal and Rest
Break (MRB) rules for certain drivers of
property- and passenger-carrying
commercial motor vehicles (CMVs) and
its November 17, 2020, decision
preempting the State of Washington’s
MRB rules for certain drivers of
property-carrying CMVs.
DATES: While petitions for waiver may
be submitted at any time, FMCSA
requests that any petitions for waiver of
the above referenced preemption
determinations be submitted by
November 13, 2023. FMCSA will
publish any petitions for waiver that it
receives and will provide an
opportunity for public comment with
respect to the petitions.
ADDRESSES: You may submit a petition
for waiver to the Federal Docket
Management System Docket No.
FMCSA–2018–0304, Docket No.
FMCSA–2019–0048, or Docket FMCSA–
2019–0128 using any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov, insert the docket
number FMCSA–2018–0304, docket
number FMCSA–2019–0048, or docket
FMCSA–2019–0128 in the keyword box,
and click ‘‘Search.’’ Follow the online
instructions for submitting a petition for
waiver.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery or Courier: Dockets
Operations, West Building, Ground
Floor, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., ET, Monday through Friday,
except Federal Holidays. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Dockets Operations.
• Fax: (202) 493–2251.
On December 21, 2018, FMCSA
granted petitions filed by the American
Trucking Associations and the
Specialized Carriers and Rigging
Association, and determined that
California’s MRB rules, as applied to
property-carrying CMV drivers subject
to FMCSA’s hours of service (HOS)
regulations, are preempted under 49
U.S.C. 31141. (Docket No. FMCSA–
2018–0304; 83 FR 67470; Dec. 28, 2018).
On January 13, 2020, FMCSA granted a
petition filed by the American Bus
Association and determined that
California’s MRB rules, as applied to
passenger-carrying CMV drivers subject
to FMCSA’s HOS regulations, are also
preempted under 49 U.S.C. 31141.
(Docket No. FMCSA–2019–0048; 85 FR
3469; Jan. 21, 2020). On November 27,
2020, FMCSA granted a petition filed by
the Washington Trucking Association
and determined that Washington’s MRB
rules, as applied to property-carrying
CMV drivers subject to FMCSA’s HOS
regulations, are preempted under 49
U.S.C. 31141. (Docket No. FMCSA–
2019–0128, 85 FR 73335; Nov. 17,
2020). In each decision, FMCSA
determined that the MRB rules are laws
on CMV safety, that they are more
stringent than the Federal regulations,
and that they meet each of the three
potential criteria for preemption under
49 U.S.C. 31141(c)(4)–(5). See 83 FR
67470, 85 FR 3469; 85 FR 7333. On
January 15, 2021, the U.S. Court of
Appeals for the Ninth Circuit denied
petitions for review challenging the first
preemption decision. Int’l Bhd. of
Teamsters, Local 2785 v. FMCSA, 986
F.3d 841 (9th Cir. 2021), cert. denied
sub nom. Trescott v. Fed. Motor Carrier,
No. 20–1662, 2021 WL 4507755 (Oct. 4,
2021). The State of California filed a
petition for review in the Ninth Circuit
in March 2020 challenging the second
preemption decision, and the court has
held that case in abeyance. People of the
State of Cal. ex rel. Bonta v. FMCSA,
No. 20–70706 (9th Cir.). The State of
Washington filed a petition for review
in the Ninth Circuit challenging the
AGENCY:
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55110-55111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17368]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 12117]
60-Day Notice of Proposed Information Collection: Three (3)
Passport Services Information Collections: Birth Affidavit, Affidavit
Regarding a Change of Name, and Statement of Non-Receipt of a U.S.
Passport
ACTION: Notice of request for public comment and submission to OMB of
proposed collection of information.
-----------------------------------------------------------------------
SUMMARY: The Department of State has submitted the information
collections described below to the Office of Management and Budget
(OMB) for approval. In accordance with the Paperwork Reduction Act of
1995, we are requesting comments on these collections from all
interested individuals and organizations. The purpose of this Notice is
to allow 60 days for public comment.
DATES: The Department will accept comments from the public up to
October 13, 2023.
ADDRESSES: You may submit comments by any of the following methods:
Web: Persons with access to the internet may comment on
this notice by going to www.Regulations.gov. You can search for the
document by entering ``Docket Number: DOS-2023-0021 in the Search
field. Then click the ``Comment Now'' button and complete the comment
form. Email and regular mail options have been suspended to centralize
receiving and addressing all comments in a timely manner.
Email: [email protected]. You must include
the DS form number (if applicable), information collection title, and
the OMB control number in the email subject line.
SUPPLEMENTARY INFORMATION:
Title of Information Collection: Birth Affidavit
OMB Control Number: 1405-0132
Type of Request: Revision of a Currently Approved Collection
Originating Office: Bureau of Consular Affairs, Passport
Services (CA/PPT)
Form Number: DS-10
Respondents: Individuals
Estimated Number of Respondents: 6,028
Estimated Number of Responses: 6,028
Average Time per Response: 40 minutes
Total Estimated Burden Time: 4,018 hours
Frequency: On occasion
Obligation to Respond: Required to Obtain a Benefit
Title of Information Collection: Affidavit Regarding a Change
of Name
OMB Control Number: 1405-0133
Type of Request: Revision of a Currently Approved Collection
Originating Office: Bureau of Consular Affairs, Passport
Services (CA/PPT)
Form Number: DS-60
Respondents: Individuals
Estimated Number of Respondents: 3,617
Estimated Number of Responses: 3,617
Average Time per Response: 40 minutes
Total Estimated Time Burden: 2,411 hours
Frequency: On occasion
Obligation to Respond: Required to Obtain or Retain a Benefit
Title of Information Collection: Statement of Non-Receipt of a
U.S. Passport
OMB Control Number: 1405-0146
Type of Request: Revision of a Currently Approved Collection
Originating Office: Bureau of Consular Affairs, Passport
Services (CA/PPT)
Form Number: DS-86
Respondents: Individuals
Estimated Number of Respondents: 18,260
Estimated Number of Responses: 18,260
Average Time per Response: 15 minutes
Total Estimated Time Burden: 4,565 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 Collections
1405-0132, DS-10, Birth Affidavit: The form is submitted
in conjunction with an application for a U.S. passport and is used by
Passport Services to collect information for the purpose of
establishing the U.S. nationality of a passport applicant who has not
submitted an acceptable United States birth certificate with their
passport application. The Secretary of State is authorized to issue
U.S. passports under 22 U.S.C. 211a et seq, 8 U.S.C. 1104, and
Executive Order 11295 (August 5, 1966). Pursuant to 22 U.S.C. 212 and
22 CFR 51.2, only U.S. nationals may be issued a U.S. passport. Most
passport applicants establish U.S. nationality by providing a birth
certificate that lists a place of birth within the United States or its
outlying possessions (currently American Samoa and Swains Island). Some
applicants, however, may have been born in the United States (and
subject to its jurisdiction), but were never issued a birth
certificate. Form DS-10 is a form affidavit for completion by a witness
to the birth of such an applicant; it collects information relevant to
establishing the identity of the affiant, and the birth circumstances
of the passport applicant. If credible, the affidavit may permit the
applicant to show U.S. nationality based on the applicant's birth in
the United States, despite never having been issued a U.S. birth
certificate. We use the information collected on the person completing
the affidavit to confirm that individual's identity, which is relevant
to confirming his or her relationship to the applicant and in assessing
the likelihood that the affiant has personal knowledge of the facts of
the applicant's birth.
In an ongoing effort to reduce public burden times, the ``Sex''
field (previously Item 2) has been removed from the DS-10, Birth
Affidavit. Passport Services determined that this decision will not
affect the procedural or policy aspects of DS-10 form adjudication or
impact the determination of U.S. citizenship findings by passport
adjudicators.
1405-0133, DS-60, Affidavit Regarding a Change of Name:
The form is submitted in conjunction with an application for a U.S.
passport. It is used by Passport Services to collect
[[Page 55111]]
information for the purpose of establishing that a passport applicant
has adopted a new name without formal court proceedings or by marriage
and has publicly and exclusively used the adopted name over a period of
time (at least five years).
1405-0146, DS-86, Statement of Non-Receipt of a U.S.
Passport: The form is used by the U.S. Department of State to collect
information for the purpose of issuing a replacement passport to
customers whose passports have been issued but who have not received
their passport documents in the mail. The information collected on the
Statement of Non-Receipt of a U.S. Passport is used by the Department
of State to help ensure that no person bears more than one valid or
potentially valid U.S. passport book of the same type and/or passport
card at any one time, except as authorized by the Department. The
information on the form is also used to address passport fraud and
misuse.
All three forms have been amended to replace the term ``sex'' with
``gender'' and to be pronoun-inclusive of all genders.
Methodology
When needed, the Birth Affidavit is either provided by the
Department or downloaded from the Department's website and completed by
the affiant. It must be signed in the presence of a passport agent,
acceptance agent, or notary.
When needed, the Affidavit Regarding a Change of Name is either
provided by the Department or downloaded from the Department's website
and completed by the affiant. It must be signed in the presence of a
passport agent, passport acceptance agent, or notary.
When needed, the Statement of Non-Receipt of a U.S. Passport is
either provided by the Department or downloaded from the Department's
website and completed by the passport applicant.
Rachel M. Arndt,
Deputy Assistant Secretary, Bureau of Consular Affairs, Passport
Services Department of State.
[FR Doc. 2023-17368 Filed 8-11-23; 8:45 am]
BILLING CODE 4710-06-P
