Rule2021-27404
Passports: Option for Passport Applicants Eligible To Apply by Mail for Renewal of Passports 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
December 22, 2021
Effective
December 23, 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 will now provide qualified applicants the option of submitting renewal applications by mail or on- line via the Department's official website. This amendment will provide more flexibility for the renewal applicant, will improve the customer experience, and eliminate the added burden, time, and cost to the customer by providing the on-line option as an alternative to the mail in process.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 243 (Wednesday, December 22, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Rules and Regulations]
[Pages 72520-72523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27404]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 11609]
RIN 1400-AE68
Passports: Option for Passport Applicants Eligible To Apply by
Mail for Renewal of Passports To Apply On-Line
AGENCY: Department of State.
[[Page 72521]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to Department regulations, the renewal of a U.S.
passport must meet certain requirements to qualify for submission of an
application by mail. The Department will now provide qualified
applicants the option of submitting renewal applications by mail or on-
line via the Department's official website. This amendment will provide
more flexibility for the renewal applicant, will improve the customer
experience, and eliminate the added burden, time, and cost to the
customer by providing the on-line option as an alternative to the mail
in process.
DATES: This final rule is effective on December 23, 2021.
FOR FURTHER INFORMATION CONTACT: Kelly Cullum, Office of Adjudication,
Passport Services, (202) 485-8800, or email
<a href="/cdn-cgi/l/email-protection#e7b786949497889593a881818e84828881a6838d92838e8486938e8889a082898295868ba79493869382c9808891"><span class="__cf_email__" data-cfemail="7020110303001f02043f16161913151f1631141a051419131104191f1e37151e1502111c3003041104155e171f06">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Department published a proposed rule,
Public Notice 11457 at 86 FR 43458, August 9, 2021 (the NPRM), with a
request for comments to amend 22 CFR 51.21(b), (b)(2), (b)(3); and
51.8(a), (b), (c), and (d) to allow eligible applicants the option to
apply on-line via the Online Passport Renewal (OPR) system. Applicants
must meet all of the eligibility requirements for using OPR or will be
referred to the paper application process. Applicants using OPR will
enter their application information and upload their photos directly
into the OPR system and submit their payment through <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 the passport agency, thus
eliminating the physical application and processing at the Lockbox. The
new OPR system will improve the customer experience, reduce operational
and maintenance costs, and focus on data quality, protection, and
traceability. The first release of the OPR system will be limited in
its release and apply to persons in the United States who are
submitting an application in the same name, gender marker, date of
birth, and place of birth as the most recently issued passport of the
same type with the intent that future releases will permit changes and
be used by persons applying abroad.
The rule was discussed in detail in Public Notice 11457, as were
the Department's reasons for the other changes to the regulations. The
Department is now promulgating a final rule with minor changes from the
proposed rule and no substantive change.
Analysis of Comments: The Department provided 60 days for comment
on the NPRM. The comment period closed October 8, 2021.
The Department received twelve responsive comments, none of which
were opposed to this amendment. Several commenters noted their concerns
about possible identity theft and insisted on the use of the latest
technology to protect applicants. Online passport applications are
subject to the same rigorous protection of personally identifiable
information (PII) as physical applications. The Department processes
passport applications, whether mailed or submitted online, on
controlled workstations accessed by authorized employees only. The
rollout of the OPR system is compliant with the Department's policy (5
FAM 772.1) in that ``encryption and digital certificates must be
integrated into the applications to the greatest extent possible.''
Two commenters also requested that online payment be acceptable and
specifically, that it include use of credit cards. As noted in the
proposed rule, applicants using the OPR will submit payment through
<a href="http://pay.gov">pay.gov</a> which already accepts credit cards.
Two commenters discussed the need for online submission of
supporting documents or using existing information in U.S. government
databases to verify citizenship. They noted the difficulty of sending
original vital records and naturalization certificates. As discussed in
the proposed rule, eligible OPR users will upload applications and
photos directly to the system eliminating the need for paper-based
applications. Adults renewing passports who are eligible to use OPR
generally do not need to submit supporting documentation because the
issuance of a prior passport serves as citizenship evidence. In most
cases prior passport issuance information is already available in
adjudication systems. The Department coordinates with federal agencies
such as USCIS as well as vital records offices to protect the integrity
of the passport application process, verify citizenship documentation,
and confirm entitlement to a U.S. passport. Passport Services'
modernization efforts include online document verification.
One commenter requested that the Department make OPR available for
first-time applicants and another requested it be available for
applicants located outside the United States. As defined in 22 CFR
51.21(a), first-time applicants (who by statute, 22 U.S.C. 213, are
required to verify their application by an in person oath), applicants
who have never been issued a passport in his or her own name,
applicants who have not been issued a passport for the full validity
period of 10 years within 15 years of the date of a new application,
and minors under the age of 16 must apply for a passport by appearing
in person before a passport agent or passport acceptance agent. The
applicant must verify the application by oath or affirmation before the
passport agent or passport acceptance agent, sign the completed
application, provide photographs and any other information or documents
as prescribed or requested by the Department. These requirements cannot
be addressed through OPR. As noted in the draft rule, the first release
of the OPR system will apply to persons in the United States, with the
intent for future releases applying to persons abroad.
One commenter stated that applicants requesting a change in gender
marker and those identifying as any gender besides male or female
should be ineligible for OPR due to fraud concerns. The Department
takes fraud very seriously and reviews all passport applications for
possible fraud. Adjudicators receive extensive fraud training and
utilize facial recognition technology and social security and birth
information data verification to detect fraud, regardless of the method
of application. Thus, while the Department appreciates the commenter's
concern, it does not believe that the possibility of someone
successfully committing fraud would be any greater after OPR is
operational.
Regarding gender markers and other changes that an applicant might
wish to make to their information, the proposed regulatory text
(proposed section 51.21(b)(iii)) provided that the ``first release of
the OPR system will require that the application be submitted in the
same name, sex [i.e., gender] marker, date of birth, and place of birth
as the most recently issued passport of the same type with the intent
that future releases will permit changes''. This text was removed from
the text of the final rule because the Department determined that it is
more appropriate for a statement of policy in the preamble and is not
regulatory text. It does, however, reflect the limitation on the first
release of the OPR system, but not Department policy for future
releases.
While supportive of OPR, several commenters noted the continued
need for the Department to reduce service times and paperwork and the
[[Page 72522]]
assumption that OPR would provide faster processing times. As noted in
the draft rule, OPR will provide more flexibility for the renewal
applicant, will improve the customer experience, and eliminate the
added burden, time, and cost to the customer by providing the on-line
option as an alternative to the mail in process. Processing times
listed on <a href="http://www.travel.state.gov">www.travel.state.gov</a> are still Department standard for all
passport applications, physical and electronic. Future expansion of OPR
may allow for changes to expected service commitment times for online
applications. The Department continuously strives to reduce passport
processing service times through modernization initiatives.
One person suggested maintaining a walk-in passport agency in every
U.S. city with a population greater than 250,000. This is outside the
scope of the proposed rule. However, the Department coordinates with a
network of approximately 7,500 passport application acceptance
facilities across the United States, all of which offer in-person
service (though they may be by appointment only, rather than offering
walk-in service). The network of passport application acceptance
facilities provides convenient, nationwide access.
Another commenter requested that the Department coordinate with
USCIS to automatically link the passport application to the
naturalization process. This is outside the scope of the proposed rule.
However, the Department regularly coordinates with USCIS to provide
passport application acceptance services at naturalization ceremonies.
Regulatory Findings
Administrative Procedure Act
The Department published this rulemaking as a proposed rule and
provided 60 days for public comment. The Department finds good cause
for the effective date to be less than 30 days from date of
publication. As stated in American Bankers Ass'n v. NCUA, 38 F. Supp.
2d 114, 139-40 (D.D.C. 1999), according to the legislative history of
the APA, the purpose for deferring the effectiveness of a final rule
under Sec. 553(d) was to ``afford persons affected a reasonable time
to prepare for the effective date of a rule or rules or to take other
action which the issuance may prompt.'' S. REP. NO. 79-752, at 15
(1946). In the same vein, the D.C. Circuit has explained that ``the
purpose of the thirty-day waiting period is to give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. FCC, 316 U.S. App. D.C. 259, 78 F.3d 620,
630 (D.C. Cir. 1996).
There is no requirement for anyone to ``adjust their behavior'' or
prepare for anything prior to this rule going into effect. Those who do
not wish to renew their passports using the online procedure still have
the current DS-82 available to them. The 30-day notice requirement of
Sec. 553(d) is ``subject to the rule of prejudicial error.'' See 5
U.S.C. 706; Petaluma FX Partners, LLC v. Commissioner, 416 U.S. App.
D.C. 411, 420, 792 F.3d 72, 81 (2015).
In addition, the Department is providing a benefit to the public by
this rulemaking. The Department estimates that the online application
will take approximately five minutes to complete, as opposed to 40
minutes for the DS-82. OPR saves up to three weeks for initial
application processing that includes mailing and receipt at the lockbox
facility as well as the candling (fee processing, scanning, and
batching) of the applications for physical transmission to passport
agencies. Additionally, customers save time and money for transit to
and from a post office for mailing, the price of an envelope, and
either the cost of first-class stamp or express mail fees--of between
$0.58 to $26.60 per application. Use of OPR allows the customer to
create and submit a digital application, upload their photograph, and
make a payment via <a href="http://pay.gov">pay.gov</a> from a computer or mobile device with no
physical/paper application involved.
Therefore, the Department finds good cause to publish this rule
without a delayed effective date under 5 U.S.C. 553(d)(1) and (3).
Regulatory Flexibility Act
The Department of State certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule gives greater flexibility to applicants applying to renew
their U.S. passport.
Unfunded Mandates Act of 1995
This final rule does not result in the expenditure by state, local,
and tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any year and it does not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Act of 1995.
Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act. This rule does not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign based companies in domestic and
import markets.
Executive Order 12866
The Office of Information and Regulatory Affairs has designated
this rule ``not significant'' under Executive Order 12866. As explained
in the preamble and the APA section above, the benefits of the rule
outweigh any costs to the public (which the Department assesses will be
minimal).
Executive Order 13132--Federalism
This rule does not have sufficient federalism implications to
require consultations or warrant the preparation of a federalism
summary impact statement. The regulations implementing Executive Order
12372 regarding intergovernmental consultation on federal programs and
activities do not apply to this regulation.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department has determined that this rulemaking does not have
tribal implications, does not impose substantial direct compliance
costs on Indian tribal governments, and does not pre-empt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
This rulemaking is related to the information collection described
in OMB Control No. 1405-0020 (Form DS-82). The web-based version of
this form was approved in July 2021.
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, for the reasons set forth in the preamble, 22 CFR part
51 is amended as follows:
PART 51--PASSPORTS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; 22 U.S.C. 211a, 212,
212b, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A,
Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a,
218, 2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, & 3926; 26 U.S.C.
6039E; 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title V of Pub. L.
103-317, 108 Stat. 1760]; E.O. 11295, Aug. 6, 1966, FR 10603, 3 CFR,
1966-1970 Comp., p. 570; Pub. L. 114-119, 130 Stat. 15; Sec. 1 of
Pub. L. 109-210, 120
[[Page 72523]]
Stat. 319; Sec. 2 of Pub. L. 109-167, 119 Stat. 3578; Sec. 5 of Pub.
L. 109-472, 120 Stat. 3554; Pub. L. 108-447, Div. B, Title IV, Dec.
8, 2004, 118 Stat. 2809; Pub. L. 108-458, 118 Stat. 3638, 3823 (Dec.
17, 2004).
0
2. Revise Sec. 51.8 to read as follows:
Sec. 51.8 Submission of currently valid passport.
(a) When applying for a new passport in person or by mail, an
applicant must submit for cancellation any currently valid passport of
the same type.
(b) When applying for a new passport on-line, an applicant must
have the currently valid passport of the same type available for
cancellation via the on-line process.
(c) If an applicant is unable to produce a passport under paragraph
(a) or (b) of this section, they must submit a signed statement in the
form prescribed by the Department setting forth the circumstances
regarding the disposition of the passport.
(d) The Department may deny or limit a passport if the applicant
has failed to provide a sufficient and credible explanation for lost,
stolen, altered or mutilated passport(s) previously issued to the
applicant, after being given a reasonable opportunity to do so.
0
3. Amend Sec. 51.21 by revising the paragraph (b) heading, paragraph
(b)(2) and adding paragraph (b)(3) to read as follows:
Sec. 51.21 Execution of passport application.
* * * * *
(b) Application by mail or on-line--persons in the United States. *
* *
(2) A person in the United States who previously has been issued a
passport valid for 10 years in their own name may apply for a new
passport by filling out, signing, and submitting an on-line application
via the Department's official website if:
(i) The applicant's most recently issued passport was issued when
the applicant was 16 years of age or older, and has one year or less of
validity remaining;
(ii) The application is made not more than 15 years following the
issue date of the most recently issued passport of the same type;
(iii) The most recently-issued passport of the same type is
available for verification via the on-line process.
(3) The applicant must also provide photographs as prescribed by
the Department and pay the applicable fees prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1).
* * * * *
Kevin E. Bryant,
Deputy Director, Office of Directives Management, U.S. Department of
State.
[FR Doc. 2021-27404 Filed 12-21-21; 8:45 am]
BILLING CODE 4710-06-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.