Proposed Rule2021-16928
Passports: Proposed Rule Allowing Passport Applicants Eligible To Apply By Mail for Renewal of Passports the Additional Option To Apply On-Line
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2021
Issuing agencies
State Department
Abstract
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 proposes to amend this rule by allowing qualified applicants the option of submitting renewal applications by mail or online via the Department's official website. This amendment will provide more flexibility for the renewal applicant, 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.
Full Text
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<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
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[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43458-43459]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16928]
[[Page 43458]]
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DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 11457]
RIN 1400-AE68
Passports: Proposed Rule Allowing Passport Applicants Eligible To
Apply By Mail for Renewal of Passports the Additional Option To Apply
On-Line
AGENCY: Department of State.
ACTION: Proposed 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 proposes to amend this rule by
allowing qualified applicants the option of submitting renewal
applications by mail or online via the Department's official website.
This amendment will provide more flexibility for the renewal applicant,
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: The Department of State will accept comments until October 8,
2021.
ADDRESSES: Interested parties may submit comments to the Department by
any of the following methods:
<bullet> Visit the Regulations.govwebsite at: <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for the docket number DOS-2021-0016.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#4313223030332c31370c25252a20262c2502272936272a2022372a2c2d04262d2631222f0330372237266d242c35"><span class="__cf_email__" data-cfemail="2d7d4c5e5e5d425f59624b4b444e48424b6c49475849444e4c594442436a4843485f4c416d5e594c5948034a425b">[email protected]</span></a>. You
must include RIN 1400-AE68 in the subject line of your message.
<bullet> Mail paper submissions: Office of Adjudication, Passport
Services, U.S. Department of State, 44132 Mercure Circle, P.O. Box
1243, Sterling, VA 20166-1243, ATTN: OPR.
<bullet> 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: Karen Pizza, Office of Adjudication,
Passport Services, (202) 485-8800, or email
<a href="/cdn-cgi/l/email-protection#dd8dbcaeaeadb2afa992bbbbb4beb8b2bb9cb9b7a8b9b4bebca9b4b2b39ab8b3b8afbcb19daea9bca9b8f3bab2ab"><span class="__cf_email__" data-cfemail="2272435151524d50566d44444b41474d4463464857464b4143564b4d4c65474c4750434e6251564356470c454d54">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Currently when applying for a renewal of a
U.S. passport, applicants must meet certain criteria to use the mail-in
application form. These mail-in applications are processed through the
Lockbox where fees, applicant data, and photo images are captured. The
Lockbox transmits this data and the physical applications to a passport
agency or center for further processing.
The Department proposes to amend 22 CFR 51.21(b), (b)(2), (b)(3);
and 51.8(a), (b), (c), (d) to allow eligible applicants the option to
apply on-line via MyTravelGov, which can be found on the Department's
official website. Online Passport Renewal (OPR) refers to the
electronic capability for processing renewal applications in a
paperless environment. Applicants must meet all 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 <a href="http://pay.gov">pay.gov</a>. 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 a passport agency
or center, 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
apply to persons in the United States, with the intent for future
releases applying to persons abroad.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a proposed rule and is
providing 60 days for public comments.
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 rule will not have a significant
economic impact on a substantial number of small entities. This rule
gives greater flexibility to applicants residing in the United States,
who are applying to renew their U.S. passport.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act. This rule will not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign based companies in domestic and
import markets.
Executive Order 12866
This rule is not a ``significant regulatory action'' under
Executive Order 12866, section 3(f), Regulatory Planning and Review.
The Department does not anticipate that demand for passport services
will change as a result of this rule change.
Executive Orders 12372 and 13132--Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Executive Order 13175--Consultation 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 rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
[[Page 43459]]
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, for the reasons set forth in the preamble, 22 CFR part
51 is proposed to be 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 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. Section 51.8 is revised 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, he or she 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. Section 51.21 is amended by revising paragraph (b) subject heading
and 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 of the same type
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 submitted not more than 15 years following
the issue date of the most recently issued passport of the same type;
(iii) The first release of the OPR system will require that the
application be submitted in the same name, sex 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
(iv) 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).
* * * * *
Rachel Arndt,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of
State.
[FR Doc. 2021-16928 Filed 8-6-21; 8:45 am]
BILLING CODE 4710-06-P
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