Rule2023-13318
Passports: Consular Reports of Birth Abroad (CRBA)
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
June 23, 2023
Effective
July 24, 2023
Issuing agencies
State Department
Abstract
This rule finalizes a proposal for the Department of State (the Department) to remove from the list of acceptable documentary evidence of sole authority/custody a Consular Report of Birth Abroad (CRBA) that lists only the applying parent.
Full Text
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<title>Federal Register, Volume 88 Issue 120 (Friday, June 23, 2023)</title>
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[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41024-41025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13318]
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DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 12094]
RIN 1400-AF10
Passports: Consular Reports of Birth Abroad (CRBA)
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This rule finalizes a proposal for the Department of State
(the Department) to remove from the list of acceptable documentary
evidence of sole authority/custody a Consular Report of Birth Abroad
(CRBA) that lists only the applying parent.
DATES: This final rule is effective on July 24, 2023.
FOR FURTHER INFORMATION CONTACT: Kelly Cullum, Office of Adjudication,
Passport Services, (202) 485-8800, or email
<a href="/cdn-cgi/l/email-protection#a7f7c6d4d4d7c8d5d3e8c1c1cec4c2c8c1e6c3cdd2c3cec4c6d3cec8c9e0c2c9c2d5c6cbe7d4d3c6d3c289c0c8d1"><span class="__cf_email__" data-cfemail="fcac9d8f8f8c938e88b39a9a959f99939abd98968998959f9d88959392bb9992998e9d90bc8f889d8899d29b938a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Department published a proposed rule,
Public Notice 11299 at 87 FR 63739, October 20, 2022 (the NPRM), with a
request for comments to amend 22 CFR 51.28(a)(3)(ii) by removing from
the list of acceptable documentary evidence of sole authority/custody a
Consular Report of Birth Abroad (CRBA) listing only the applying
parent, because a CRBA is a citizenship document and not by itself
evidence of sole authority/custody.
[[Page 41025]]
The Department also proposed to amend 22 CFR 51.28(a)(3)(i),
(a)(4)(i) and (a)(4)(ii) to allow the non-applying parent or legal
guardian to sign a statement of consent before a passport specialist at
one of the passport agency public counters located within the United
States as an alternative to signing it before a notary public when an
application is pending at a passport agency/center. However, the
Department has decided to postpone the publication of these amendments
to a later date. For the same reason, the Department is not at this
time finalizing the proposal relating to revising the DS-3053:
Statement of Consent for Issuance of a Passport to a Minor Under Age
16, to allow for a signature at a passport agency's public counter.
Analysis of Comments: The Department provided 60 days for comment
on the NPRM. The comment period closed December 19, 2022. The
Department received two responsive comments regarding the removal of
the CRBA from the list of acceptable documentary evidence of sole
authority/custody if the CRBA lists only the applying parent, which is
the subject of this final rule. Neither comment was opposed to the
proposal.
Regulatory Findings
Administrative Procedure Act
The Department of State published this rulemaking as a proposed
rule and provided 60 days for public comment. Pursuant to the
Administrative Procedure Act, the rule will be in effect 30 days from
the date of publication.
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. Only
individuals, and no small entities, apply for passports.
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
The Department does not believe that this rule is 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 non-significant under Executive Order 12866. The Department
has reviewed the regulation to ensure its consistency with the
regulatory philosophy and principles set forth in that Executive Order.
The Department finds that the cost of this rulemaking to the public is
expected to be minimal.
Executive Order 13563--Improving Regulation and Regulatory Review
The Department of State has considered this 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 rule 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 rule.
Paperwork Reduction Act
This final rule does not add or modify any information collection
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. The NPRM
included the 60-day notice for the renewal of Control No. 1405-0129.
The Department will publish the 30-day notice separately from this
final rule.
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 is revised to read as follows:
Authority: 8 U.S.C. 1104; 8 U.S.C. 1185; 8 U.S.C. 1185n (text of
Pub. L. 108-458, 118 Stat. 3638, 3823 (Dec. 17, 2004)); 8 U.S.C.
1504; 8 U.S.C. 1714; 22 U.S.C. 211a, 212, 212a, 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, and 3926; 26 U.S.C. 6039E; 26
CFR 301.6039E-1; 31 U.S.C. 9701; 34 U.S.C. 21501-21510; 42 U.S.C.
652(k) ; E.O. 11295, Aug. 5, 1966, 31 FR 10603, 3 CFR, 1966-1970
Comp., p. 570; Pub. L. 114-119, 130 Stat. 15.
Sec. 51.28 [Amended]
0
2. Amend Sec. 51.28 by:
0
a. Removing paragraph (a)(3)(ii)(B):
0
b. Redesignating paragraphs (a)(3)(ii)(C) through (G) as paragraphs
(a)(3)(ii)(B) through (F);
0
c. In newly redesignated paragraph (a)(3)(ii)(E), removing the period
and adding ``; and'' in its place.
Rachel M. Arndt,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of
State.
[FR Doc. 2023-13318 Filed 6-22-23; 8:45 am]
BILLING CODE 4710-13-P
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