[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Rules and Regulations]
[Pages 47726-47727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22417]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice 6650]
RIN 1400-AC39
Passport Procedures--Amendment to Expedited Passport Processing
Regulation
AGENCY: Bureau of Consular Affairs, State Department.
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the expedited passport process and changes
the definition of expedited passport processing from three business
days, beginning when the application arrives at a passport agency or
when the request for expedited processing is approved, to the number of
business days published on the Department's Web site at http://www.travel.state.gov. This change ensures that the Department can
continue to offer this service consistent with its regulations while
maintaining sufficient flexibility to adapt to fluctuations in passport
demand. It also ensures that the public can easily determine the
current standards for expedited passport processing.
DATES: September 17, 2009.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Susan M. Bozinko, Bureau of Consular Affairs,
Passport Services, Division of Legal Affairs, U.S. Department of State,
Washington, DC 20037 or e-mailed at [email protected].
SUPPLEMENTARY INFORMATION: The Department published an interim final
rule, Public Notice 5888, Vol. 72 Federal Register No. 158, amending
Parts 22 and 51 of Title 22 of the Code of Federal Regulations, along
with a request for comments. The interim final rule was implemented to
change the definition of expedited passport processing. The
Department's reasons for implementing the change were discussed in
detail in the interim final rule. This final rule is unchanged from the
interim final rule. Further, this final rule makes a conforming
amendment to the Schedule of Fees for Consular Services to reflect a
change to the regulation affected by this rule.\1\
---------------------------------------------------------------------------
\1\ A final rule reorganizing and updating the regulations
relating to passports, and which incorporated the interim final rule
redefining expedited passport processing, was published at 72 FR
64930 (Nov. 19, 2007). As a result of the reorganization implemented
by that rule, the regulation affected by this final rule is now at
22 CFR 51.56(b).
---------------------------------------------------------------------------
Analysis of Comments
Eight comments were submitted in response to the request for
comments. Two were unsolicited business offers and one was a test e-
mail to ascertain the accessibility of the e-mailbox being used. Five
were substantive comments, including comments submitted by the American
Immigration Lawyers Association (AILA).
Notice to the Public
Three individuals expressed concern that the publication of the
expedited passport processing standard on the Department's Web site
would not provide sufficient notice of the standard to the public.
The Department indicates on its Web site the date on which any
change to the number of business days constituting expedited passport
processing becomes effective. Moreover, the number of business days
that constitutes expedited passport processing is a matter of policy
determined by the Department. Under 5 U.S.C. 553(b), statements of
general agency policy are not subject to the requirement of notice and
comment rulemaking. Thus, any modifications of the policy regarding
what constitutes expedited passport processing, including changes to
the number of business days that constitute expedited processing, are
not subject to notice and comment rulemaking.
While one commenter felt that the link to processing times was too
difficult to locate, it should be noted that the link appears at the
top of the home page for passport information and as such, is readily
accessible to anyone seeking information on U.S. passports. In fact,
the http://www.travel.state.gov Web site was designed with ease of use
for the public as a primary goal. The Department believes the current
Web site design is sufficient to meet the public's needs.
Nature of Service
Two commenters stated that Web site publication of the expedited
processing standard raised the possibility that applicants paying the
expedite fee would not receive the same service and that they would not
be able to quickly obtain a passport in case of emergency.
Applicants who request expedited service and pay the expedited
processing fee can expect to receive expedited processing within the
context of circumstances affecting passport application processing
times. Changes to the expedited processing time published on the Web
site are intended to reflect those circumstances. In addition, citizens
in emergency situations have always been and continue to be a priority
to the Department. Applicants with urgent travel needs may apply for
expedited processing either by mail or in person at a passport agency.
Refunds
One commenter suggested that the Department should provide a waiver
of the expedited processing fee or a refund for failure to process
expedited passport applications within the time published on the
Department's Web site. The Department's regulations at 22 CFR 51.53
already provide for a refund of the expedited processing fee in cases
where the Department does not provide expedited processing as defined
in 22 CFR 51.56. Applicants seeking such a refund of the expedite fee
must submit a written refund request to the Department. Such requests
may be submitted to the Department by mail at the address provided on
the Department's Web site, http://www.travel.state.gov, or by e-mail at
the address provided on http://www.travel.state.gov. A link to the
Department's e-mail portal for expedite fee refund requests is included
on the Web site.
Procedural Issues
One commenter said the interim final rule was procedurally
deficient because it sought to incorporate by reference information
from the Department's Web site in the regulation. The commenter
objected to the Department's alleged failure to follow the procedure
for incorporation by reference. However, the rules applying to
incorporation by reference--contained in 1 CFR Part 51, which
implements 5 U.S.C. 552 (see the paragraph following 5 U.S.C.
552(a)(1)(E))--normally apply when a rule imposes a burden or
regulatory standard on the public. This rule does not regulate the
public; rather, it sets the standard for agency conduct. For this
reason, the procedures relating to incorporation by reference do not
apply to this rule.
[[Page 47727]]
Regulatory Findings
Administrative Procedure Act
The Department published this rule as an interim final rule, with a
60-day provision for post-promulgation public comments. The comment
period closed on October 15, 2007.
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 is not expected to have a
significant economic impact on a substantial number of small entities
because only individuals can apply for passports.
Unfunded Mandates Reform 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.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. 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 the U.S.-based companies to compete with foreign based
companies in domestic and import markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f). In addition, the Department is exempt from Executive Order 12866
except to the extent that it is promulgating regulations, in
conjunction with a domestic agency, that are significant regulatory
actions. The Department has nevertheless reviewed the regulation to
ensure its consistency with the regulatory and philosophy and
principles set forth in Executive Order 12866.
OMB does not consider this rule to be a ``significant regulatory
action'' under Executive Order 12866, section 3(f).
Executive Order 13132
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.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. 35.
List of Subjects
22 CFR Part 22
Consular services, Fees, Passports and Visas.
22 CFR Part 51
Administrative practice and procedure, Drug traffic control,
Passports and Visas.
0
Accordingly, for the reasons set forth above, Title 22, Parts 22 and 51
are amended as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICES
0
1. The authority citation for Part 22 continues to read as follows:
Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C.
2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C.
9701; Public Law 105-277, 112 Stat. 2681 et seq.; Public Law 108-
447, 118 Stat. 2809 et seq.; E.O. 10718, 22 FR 4632, 3 CFR, 1954-
1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-1970 Comp.,
p. 570.
0
2. Section 22.1 is amended by revising entry 3 of the table to read as
follows:
Sec. 22.1 Schedule of Fees
* * * * *
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
Passport and Citizenship Services
------------------------------------------------------------------------
* * * * * * *
3. Expedited Service: Passport processing within expedited $60
processing period published on the Department's Web site
(22 CFR 51.56(b)) (not applicable abroad).................
* * * * * * *
------------------------------------------------------------------------
PART 51--PASSPORTS
0
3. The authority citation for Part 51 continues to read as follows:
Authority: 22 U.S.C. 211a, 213, 2651a, 2671(d)(3), 2714, and
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp. p. 570;
Sec. 236 Public Law 106-113, 113 stat. 1501A-430; 18 U.S.C.
1621(a)(2); 42 U.S.C. 652, as amended by Sec. 370 Public Law 104-193
and Sec. 7303 Public Law 109-171.
0
4. Section 51.56(b) is revised to read as follows:
Sec. 51.56 Expedited passport processing.
* * * * *
(b) Expedited passport processing shall mean completing processing
within the number of business days published on the Department's Web
site, http://www.travel.state.gov, commencing when the application
reaches a Passport Agency or, if the application is already with a
Passport Agency, commencing when the request for expedited processing
is approved. The processing will be considered completed when the
passport is ready to be picked up by the applicant or is mailed to the
applicant, or a letter of passport denial is transmitted to the
applicant.
* * * * *
Dated: September 9, 2009.
Janice L. Jacobs,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. E9-22417 Filed 9-16-09; 8:45 am]
BILLING CODE 4710-06-P