81 FR 60608 - Passports
DEPARTMENT OF STATE Federal Register Volume 81, Issue 171 (September 2, 2016)
Federal Register Volume 81, Issue 171 (September 2, 2016)
| Page Range | 60608-60609 | |
| FR Document | 2016-21087 |
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)] [Rules and Regulations] [Pages 60608-60609] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21087] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 51 [Public Notice: 9678] RIN 1400-AD97 Passports AGENCY: State Department. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule provides various changes and updates to the Department of State passport rules as a result of the passage of two laws: International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (IML); and the Fixing America's Surface Transportation Act (FAST Act). The final rule incorporates statutory passport denial and revocation requirements for certain covered sex offenders under the IML, those persons with a seriously delinquent tax debt as defined by the FAST Act, and/or those persons who submit a passport application without a correct and valid Social Security number. DATES: The effective date of this regulation is September 2, 2016. FOR FURTHER INFORMATION CONTACT: Stephanie Traub, Office of Legal Affairs, Passport Services, (202) 485-6500. Hearing- or speech-impaired persons may use the Telecommunications Devices for the Deaf (TDD) by contacting the Federal Information Relay Service at 1-800-877-8339. SUPPLEMENTARY INFORMATION: The Department is amending Sec. 51.60 of subpart E within part 51 of title 22 of the Code of Federal Regulations. The rules incorporate statutory passport denial and revocation requirements as codified at 22 U.S.C. 2714a for certain individuals who have seriously delinquent tax debt or submit passport applications without correct and valid Social Security numbers. The rules incorporate new provisions for denial and revocation of passport books that do not contain conspicuous identifiers for covered sex offenders as defined in 42 U.S.C. 16935a. The rule provides for denial of passport cards to these same covered sex offenders, as passport cards are not able to contain the unique identifier required by 22 U.S.C. 212b. The new Sec. 51.60(a)(3) requires denial of a passport to an individual who is certified by the Secretary of the Treasury as having a seriously delinquent tax debt as described in 26 U.S.C. 7345. The new Sec. 51.60(f) permits denial of a passport to an individual who does not include his or her Social Security number or willfully, intentionally, negligently, or recklessly includes an incorrect or invalid Social Security number on his or her passport application. The new Sec. 51.60(g) requires denial of a passport card to an individual who is a covered sex offender as described in 42 U.S.C. 16935a. Regulatory Findings Administrative Procedure Act Because this rulemaking implements the Congressional mandates within the FAST Act and IML, the Department is publishing this rulemaking without notice and comment under the ``good cause'' exemption of 5 U.S.C. 553(b). The Department believes that public comment on this rulemaking would be unnecessary, impractical, and contrary to the public interest. In addition, for the same reasons, the effective date for this rulemaking is the date of publication in accordance with the ``good cause'' provision of 5 U.S.C. 553(d)(3). 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. 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. 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 U.S.-based companies to compete with foreign based companies in domestic and import markets. [[Page 60609]] Executive Orders 12866 and 13563 The Department of State does not consider this rule to be an economically significant regulatory action under Executive Order 12866, Regulatory Planning and Review. The Department has nevertheless reviewed the regulation to ensure its consistency with the regulatory philosophy and principles set forth in both Executive Order 12866 and Executive Order 13563, and certifies that the benefits of this regulation outweigh any cost to the public. 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. Executive Order 13175 The Department has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on tribal governments, and will not pre-empt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking. 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. Prior to the passage of the FAST Act, passport applicants were already asked to provide their Social Security numbers to obtain or renew passports. With respect to the IML requirements, the applicant does not report his or her status as a covered sex offender to the Department during the application process; rather, the Department obtains that information from other government sources. Therefore, this rulemaking imposes no additional burden on the applicant. List of Subjects in 22 CFR Part 51 Passports. Accordingly, for the reasons set forth in the preamble, the Department has amended 22 CFR part 51 as follows: PART 51--PASSPORTS 0 1. The authority citation for part 51 is revised 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. Amend Sec. 51.60 by adding paragraphs (a)(3) and (4), (f), and (g) to read as follows: Sec. 51.60 Denial and restriction of passports. (a) * * * (3) The applicant is certified by the Secretary of the Treasury as having a seriously delinquent tax debt as described in 26 U.S.C. 7345. (4) The applicant is a covered sex offender as defined in 42 U.S.C. 16935a, unless the passport, no matter the type, contains the conspicuous identifier placed by the Department as required by 22 U.S.C. 212b. * * * * * (f) The Department may refuse to issue a passport to an applicant who fails to provide his or her Social Security account number on his or her passport application or who willfully, intentionally, negligently, or recklessly includes an incorrect or invalid Social Security account number. (g) The Department shall not issue a passport card to an applicant who is a covered sex offender as defined in 42 U.S.C. 16935a. Dated: August 23, 2016. David T. Donahue, Acting Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. 2016-21087 Filed 9-1-16; 8:45 am] BILLING CODE 4710-13-P
![60608 Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Rules and Regulations
(ix) The Office of Financial Research; DEPARTMENT OF STATE not include his or her Social Security
and number or willfully, intentionally,
22 CFR Part 51 negligently, or recklessly includes an
(x) Any other person that the
Commission determines to be [Public Notice: 9678] incorrect or invalid Social Security
appropriate, conditionally or number on his or her passport
RIN 1400–AD97 application.
unconditionally, by order, including,
but not limited to— Passports The new § 51.60(g) requires denial of
a passport card to an individual who is
(A) Foreign financial supervisors AGENCY: State Department. a covered sex offender as described in
(including foreign futures authorities); ACTION: Final rule. 42 U.S.C. 16935a.
(B) Foreign central banks;
SUMMARY: This final rule provides Regulatory Findings
(C) Foreign ministries; and various changes and updates to the
(D) Other foreign authorities; Department of State passport rules as a Administrative Procedure Act
(10) Before sharing information with result of the passage of two laws: Because this rulemaking implements
any entity described in paragraph (b)(9) International Megan’s Law to Prevent the Congressional mandates within the
of this section, there shall be in effect an Child Exploitation and Other Sexual FAST Act and IML, the Department is
arrangement between the Commission Crimes Through Advanced Notification publishing this rulemaking without
and the entity (in the form of a of Traveling Sex Offenders (IML); and notice and comment under the ‘‘good
the Fixing America’s Surface cause’’ exemption of 5 U.S.C. 553(b).
memorandum of understanding or
Transportation Act (FAST Act). The The Department believes that public
otherwise) to address the confidentiality
final rule incorporates statutory comment on this rulemaking would be
of the security-based swap information
passport denial and revocation unnecessary, impractical, and contrary
made available to the entity; this requirements for certain covered sex
arrangement shall be deemed to satisfy to the public interest. In addition, for
offenders under the IML, those persons the same reasons, the effective date for
the requirement, set forth in section with a seriously delinquent tax debt as
13(n)(5)(H) of the Act (15 U.S.C. this rulemaking is the date of
defined by the FAST Act, and/or those publication in accordance with the
78m(n)(5)(H)), that the security-based persons who submit a passport
swap data repository receive a written ‘‘good cause’’ provision of 5 U.S.C.
application without a correct and valid 553(d)(3).
agreement from the entity stating that Social Security number.
the entity shall abide by the DATES: The effective date of this Regulatory Flexibility Act
confidentiality requirements described regulation is September 2, 2016.
in section 24 of the Act (15 U.S.C. 78x) The Department of State, in
FOR FURTHER INFORMATION CONTACT:
relating to the information on security- accordance with the Regulatory
Stephanie Traub, Office of Legal Affairs, Flexibility Act (5 U.S.C. 605(b)), has
based swap transactions that is Passport Services, (202) 485–6500.
provided; and reviewed this regulation and, by
Hearing- or speech-impaired persons approving it, certifies that this rule will
* * * * * may use the Telecommunications not have a significant economic impact
(d) Notification requirement Devices for the Deaf (TDD) by contacting on a substantial number of small
compliance. To satisfy the notification the Federal Information Relay Service at entities.
1–800–877–8339.
requirement of the data access
SUPPLEMENTARY INFORMATION: The Unfunded Mandates Act of 1995
provisions of paragraph (b)(9) of this
section, a security-based swap data Department is amending § 51.60 of
subpart E within part 51 of title 22 of This rule will not result in the
repository shall inform the Commission expenditure by state, local, and tribal
the Code of Federal Regulations. The
upon its receipt of the first request for governments, in the aggregate, or by the
rules incorporate statutory passport
security-based swap data from a private sector, of $100 million or more
denial and revocation requirements as
particular entity (which may include codified at 22 U.S.C. 2714a for certain in any year and it will not significantly
any request to be provided ongoing individuals who have seriously or uniquely affect small governments.
online or electronic access to the data), delinquent tax debt or submit passport Therefore, no actions were deemed
and the repository shall maintain applications without correct and valid necessary under the provisions of the
records of all information related to the Social Security numbers. The rules Unfunded Mandates Reform Act of
initial and all subsequent requests for incorporate new provisions for denial 1995.
data access from that entity, including and revocation of passport books that do Small Business Regulatory Enforcement
records of all instances of online or not contain conspicuous identifiers for Fairness Act of 1996
electronic access, and records of all data covered sex offenders as defined in 42
provided in connection with such U.S.C. 16935a. The rule provides for This rule is not a major rule as
requests or access. denial of passport cards to these same defined by section 804 of the Small
* * * * * covered sex offenders, as passport cards Business Regulatory Enforcement Act of
are not able to contain the unique 1996. This rule will not result in an
Dated: August 29, 2016. identifier required by 22 U.S.C. 212b. annual effect on the economy of $100
By the Commission. The new § 51.60(a)(3) requires denial million or more; a major increase in
Brent J. Fields, of a passport to an individual who is costs or prices; or significant adverse
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Secretary. certified by the Secretary of the effects on competition, employment,
[FR Doc. 2016–21137 Filed 9–1–16; 8:45 am] Treasury as having a seriously investment, productivity, innovation, or
delinquent tax debt as described in 26 on the ability of U.S.-based companies
BILLING CODE 8011–01–P
U.S.C. 7345. to compete with foreign based
The new § 51.60(f) permits denial of companies in domestic and import
a passport to an individual who does markets.
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![Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Rules and Regulations 60609
Executive Orders 12866 and 13563 Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; Obergefell v. Hodges, 576 U.S. ___, 135
22 U.S.C. 211a, 212, 212b, 213, 213n (Pub. L. S. Ct. 2584 (2015), Windsor v. United
The Department of State does not 106–113 Div. B, Sec. 1000(a)(7) [Div. A, Title
consider this rule to be an economically States, 570 U.S. ___, 133 S. Ct. 2675
II, Sec. 236], 113 Stat. 1536, 1501A–430);
significant regulatory action under 214, 214a, 217a, 218, 2651a, 2671(d)(3), 2705,
(2013), and Revenue Ruling 2013–17
Executive Order 12866, Regulatory 2714, 2714a, 2721, & 3926; 26 U.S.C. 6039E; (2013–38 IRB 201), and that define
Planning and Review. The Department 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title terms in the Internal Revenue Code
has nevertheless reviewed the V of Pub. L. 103–317, 108 Stat. 1760]; E.O. describing the marital status of
regulation to ensure its consistency with 11295, Aug. 6, 1966, FR 10603, 3 CFR, 1966– taxpayers for federal tax purposes.
1970 Comp., p. 570; Pub. L. 114–119, 130 DATES: Effective date: These regulations
the regulatory philosophy and Stat. 15; Sec. 1 of Pub. L. 109–210, 120 Stat.
principles set forth in both Executive 319; Sec. 2 of Pub. L. 109–167, 119 Stat.
are effective on September 2, 2016.
Order 12866 and Executive Order 3578; Sec. 5 of Pub. L. 109–472, 120 Stat. FOR FURTHER INFORMATION CONTACT:
13563, and certifies that the benefits of 3554; Pub. L. 108–447, Div. B, Title IV, Dec. Mark Shurtliff at (202) 317–3400 (not
this regulation outweigh any cost to the 8, 2004, 118 Stat. 2809; Pub. L. 108–458, 118 toll-free number).
public. Stat. 3638, 3823 (Dec. 17, 2004). SUPPLEMENTARY INFORMATION:
■ 2. Amend § 51.60 by adding
Executive Order 13132 paragraphs (a)(3) and (4), (f), and (g) to Background
This regulation will not have read as follows: This document contains amendments
substantial direct effects on the states, to the Income Tax Regulations (26 CFR
on the relationship between the national § 51.60 Denial and restriction of passports.
part 1), the Estate Tax Regulations (26
government and the states, or on the (a) * * * CFR part 20), the Gift Tax Regulations
distribution of power and (3) The applicant is certified by the (26 CFR part 25), the Generation-
responsibilities among the various Secretary of the Treasury as having a Skipping Transfer Tax Regulations (26
levels of government. Therefore, in seriously delinquent tax debt as CFR part 26), the Employment Tax and
accordance with section 6 of Executive described in 26 U.S.C. 7345. Collection of Income Tax at Source
Order 13132, it is determined that this (4) The applicant is a covered sex
Regulations (26 CFR part 31), and the
rule does not have sufficient federalism offender as defined in 42 U.S.C. 16935a,
Regulations on Procedure and
implications to require consultations or unless the passport, no matter the type,
Administration (26 CFR part 301).
warrant the preparation of a federalism contains the conspicuous identifier
On October 23, 2015, the Department
summary impact statement. placed by the Department as required by
of the Treasury (Treasury) and the IRS
22 U.S.C. 212b.
Executive Order 13175 published in the Federal Register (80
* * * * * FR 64378) a notice of proposed
The Department has determined that (f) The Department may refuse to rulemaking (REG–148998–13), which
this rulemaking will not have tribal issue a passport to an applicant who proposed to amend the regulations
implications, will not impose fails to provide his or her Social under section 7701 of the Internal
substantial direct compliance costs on Security account number on his or her Revenue Code (Code) to provide that,
tribal governments, and will not pre- passport application or who willfully, for federal tax purposes, the terms
empt tribal law. Accordingly, the intentionally, negligently, or recklessly ‘‘spouse,’’ ‘‘husband,’’ and ‘‘wife’’ mean
requirements of Executive Order 13175 includes an incorrect or invalid Social an individual lawfully married to
do not apply to this rulemaking. Security account number. another individual, and the term
(g) The Department shall not issue a ‘‘husband and wife’’ means two
Paperwork Reduction Act passport card to an applicant who is a individuals lawfully married to each
This rule does not impose any new covered sex offender as defined in 42 other. In addition, the proposed
reporting or record-keeping U.S.C. 16935a. regulations provided that a marriage of
requirements subject to the Paperwork Dated: August 23, 2016. two individuals will be recognized for
Reduction Act, 44 U.S.C. Chapter 35.
David T. Donahue, federal tax purposes if that marriage
Prior to the passage of the FAST Act,
Acting Assistant Secretary, Bureau of would be recognized by any state,
passport applicants were already asked
Consular Affairs, Department of State. possession, or territory of the United
to provide their Social Security numbers
[FR Doc. 2016–21087 Filed 9–1–16; 8:45 am] States. Finally, the proposed regulations
to obtain or renew passports. With
BILLING CODE 4710–13–P clarified that the term ‘‘marriage’’ does
respect to the IML requirements, the
not include registered domestic
applicant does not report his or her
partnerships, civil unions, or other
status as a covered sex offender to the
DEPARTMENT OF THE TREASURY similar relationships recognized under
Department during the application
state law that are not denominated as a
process; rather, the Department obtains
Internal Revenue Service marriage under that state’s law, and the
that information from other government
terms ‘‘spouse,’’ ‘‘husband and wife,’’
sources. Therefore, this rulemaking
26 CFR Parts 1, 20, 25, 26, 31, and 301 ‘‘husband,’’ and ‘‘wife’’ do not include
imposes no additional burden on the
individuals who have entered into such
applicant. [TD 9785]
a relationship.
List of Subjects in 22 CFR Part 51 RIN 1545–BM10 Written comments responding to the
Passports. proposed regulations were received, and
Definition of Terms Relating to Marital one person requested a public hearing.
Accordingly, for the reasons set forth Status A public hearing was held on January
in the preamble, the Department has
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AGENCY: Internal Revenue Service (IRS), 28, 2016; however, the individual who
amended 22 CFR part 51 as follows:
Treasury. requested the hearing was not able to
PART 51—PASSPORTS ACTION: Final regulations. attend, but did submit supplemental
comments. When given the opportunity,
■ 1. The authority citation for part 51 is SUMMARY: This document contains final no one who attended the hearing asked
revised to read as follows: regulations that reflect the holdings of to speak. After consideration of the
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Document Created: 2018-02-09 11:56:00
Document Modified: 2018-02-09 11:56:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The effective date of this regulation is September 2, 2016. | |
| Contact | Stephanie Traub, Office of Legal Affairs, Passport Services, (202) 485-6500. Hearing- or speech-impaired persons may use the Telecommunications Devices for the Deaf (TDD) by contacting the Federal Information Relay Service at 1-800-877-8339. | |
| FR Citation | 81 FR 60608 | |
| RIN Number | 1400-AD97 |
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