81 FR 67156 - Passports: Service Passports

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67156-67158
FR Document		2016-23568

This rule amends a regulation that establishes the different types of passports issued by the Department of State. A definition for special issuance passports is added. Amendments establish a new service passport, which may be approved for certain non-personal services contractors who travel abroad in support of and pursuant to a contract with the U.S. government, and make corresponding changes regarding official and diplomatic passports. The service passport will demonstrate a contractual relationship between the bearer's employer and the U.S. government as the reason for travel, thereby continuing to demonstrate the individual's support function on behalf of the U.S. government, but nevertheless signaling a more attenuated relationship with the U.S. government than that enjoyed by direct hire employees. The U.S. government incurs significant additional cost annually in delays and fees because foreign governments do not recognize contractors as doing work for the U.S. government. By more clearly demonstrating the attenuated relationship, the Department will eliminate such waste. The regulation is amended to establish the validity of the new service passport and clarify the grounds for invalidity of a special issuance passport.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67156-67158]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23568]



[[Page 67156]]

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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice: 9680]
RIN 1400-AE01


Passports: Service Passports

AGENCY: Department of State.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends a regulation that establishes the different 
types of passports issued by the Department of State. A definition for 
special issuance passports is added. Amendments establish a new service 
passport, which may be approved for certain non-personal services 
contractors who travel abroad in support of and pursuant to a contract 
with the U.S. government, and make corresponding changes regarding 
official and diplomatic passports. The service passport will 
demonstrate a contractual relationship between the bearer's employer 
and the U.S. government as the reason for travel, thereby continuing to 
demonstrate the individual's support function on behalf of the U.S. 
government, but nevertheless signaling a more attenuated relationship 
with the U.S. government than that enjoyed by direct hire employees. 
The U.S. government incurs significant additional cost annually in 
delays and fees because foreign governments do not recognize 
contractors as doing work for the U.S. government. By more clearly 
demonstrating the attenuated relationship, the Department will 
eliminate such waste. The regulation is amended to establish the 
validity of the new service passport and clarify the grounds for 
invalidity of a special issuance passport.

DATES: This rule is effective on September 30, 2016. The Department of 
State will accept comments on this interim final rule until November 
29, 2016.

ADDRESSES: You may make comments by any of the following methods, and 
you must include the RIN in the subject line of your message.
     Mail (paper, disk, or CD-ROM submissions): ATTN: RIN 1400-
AE01, U.S. Department of State, Office of Passport Services, Bureau of 
Consular Affairs (CA/PPT), Attn: CA/PPT/L, 44132 Mercure Circle, P.O. 
Box 1227, Sterling, Virginia 20166-1227.
     Email: [email protected].
     Persons with access to the Internet may view this rule and 
submit comments by going to www.regulations.gov, and searching for 
docket number DOS-2016-0065.

FOR FURTHER INFORMATION CONTACT: Michael Yohannan, Attorney Advisor, 
[email protected], (202) 485-6507.

SUPPLEMENTARY INFORMATION: U.S. government activities overseas are 
often supported by non-personal services contracts, defined in 48 CFR 
37.101 as contracts ``under which the personnel rendering services are 
not subject, either by the contract's terms or by the manner of its 
administration, to the supervision and control usually prevailing in 
relationships between the U.S. government and its employees.'' U.S. 
citizens employed under these contracts, sometimes referred to as non-
personal services contractors, carry out critical security, maintenance 
and other functions on behalf of the U.S. government, often under 
difficult or dangerous circumstances. As a general rule these 
individuals conduct the travel associated with their contractual duties 
in support of the U.S. government with a regular passport. However, the 
Department is aware that there are limited circumstances in which non-
personal services contractors traveling on regular passports experience 
difficulties when the purpose of their travel involves work conducted 
in support of the U.S. government. These difficulties annually cause 
significant cost to the U.S. government resulting from program delays 
and fees assessed to the Department. Contractors working on building 
projects who must travel intermittently out of country to renew visas 
are particularly affected by such difficulties because the U.S. 
government must bear the round-trip air travel costs, the hotel costs, 
and the per diem costs in addition to wage costs during often lengthy 
waits for a new visa. Foreign governments also charge large visa fees 
which then increase the costs of programs and building projects. In 
these instances, it is advantageous to the U.S. government to provide a 
passport that conveys that the traveler is abroad to conduct work in 
support of the U.S. government while simultaneously indicating that the 
traveler has a more attenuated relationship with the U.S. government 
that does not justify a diplomatic or official passport.
    The Department of State is creating a new type of passport, the 
``service passport,'' to fulfill this function. The Department is 
further clarifying the limited circumstances under which a non-personal 
or personal services contractor may receive an official or diplomatic 
passport when in receipt of such request from a federal agency. The 
Department estimates that this rulemaking will affect approximately 
1,000 non-personal services contractors per year.
    Under 22 U.S.C. 211a et seq., the Secretary of State has the 
authority to make rules for the granting and issuance of passports. To 
add clarity to the types of passports issued by the Department, Sec.  
51.1 of 22 CFR is being modified to add a definition of ``special 
issuance passport.'' The Department is modifying Sec.  51.3 to 
authorize issuance of service passports and to clarify the eligibility 
criteria for official and diplomatic passports. The Department is 
further modifying Sec.  51.4 to clarify the validity of special 
issuance passports, including the new service passport, and clarify the 
grounds for invalidity of a special issuance passport.

Regulatory Findings

    The Department is publishing this rule as a final rule, effective 
on the date of publication, pursuant to the ``good cause'' exemption of 
the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B). The 
Department finds that delaying the effect of this rule until after 
notice and comment would be impractical, unnecessary, and contrary to 
public interest. The Department finds that providing these individuals 
with travel documents that indicate that their travel is in support of 
the U.S. government while also signaling a more attenuated relationship 
with the U.S. government than that enjoyed by direct hire employees 
provides a compelling justification for an immediate effective date of 
this rule.
    In addition, this rulemaking is exempt from notice and comment 
pursuant to 5 U.S.C. 553(a)(1), because it involves a foreign affairs 
function of the United States. As noted above, contractors working on 
building projects often must travel intermittently out of country to 
renew visas, and foreign governments charge large visa fees whenever 
that occurs. The U.S. government must provide a passport that conveys 
that the traveler is abroad to conduct work in support of the U.S. 
government while simultaneously indicating that the traveler has a more 
attenuated relationship with the U.S. government that does not justify 
a diplomatic or official passport.
    Because this rule is exempt from 5 U.S.C. 553, it is effective on 
the date of publication. See 5 U.S.C. 553(d). However, the Department 
solicits--and welcomes--comments on this rulemaking, and will address 
relevant comments in a final rule.

Regulatory Flexibility Act

    The Department, in accordance with the Regulatory Flexibility Act, 
5 U.S.C.

[[Page 67157]]

605(b), has reviewed this rule and, by approving it, certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities as defined in 5 U.S.C. 601(6).

Unfunded Mandates Act of 1995

    This rule will not result in the expenditure by state, local, 
tribal, or territorial 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, 2 U.S.C. 1501 et seq.

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 Fairness Act of 1996, since it 
will not result in an annual effect on the economy of $100 million or 
more. See 5 U.S.C. 804(2).

Executive Order 12866 and 13563

    The Department has reviewed the regulation to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Orders and finds that the benefits of this rule outweigh 
any costs. This rule is not economically significant under Executive 
Order 12866, section 3(f)(1), because it will not have an annual effect 
on the economy of $100 million or more. The Department expects the 
rule's impact on the public to be minimal; therefore, the Department 
finds that the benefits of this rulemaking outweigh any costs. This 
rule has been designated as ``non-significant'' by the Office of 
Information and Regulatory Affairs.

Executive Order 13132

    This rule 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, the Department has 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--Effect on Tribes

    The Department of State has determined that this rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not preempt 
tribal law. Accordingly, Executive Order 13175 does not apply to this 
rulemaking.

Paperwork Reduction Act

    This rule does not impose or alter any reporting or record-keeping 
requirements under the Paperwork Reduction Act. The individuals who 
will be applying for the new service passports are those who would have 
applied for regular or official passports; therefore, the total burden 
on existing information collections is expected to remain constant. The 
OMB Control Numbers are 1405-0004 and 1405-0020.

List of Subjects in 22 CFR Part 51

    Administrative practice and procedure, Drug traffic control, 
Passports and visas, Reporting and recordkeeping requirements.

    Accordingly, for the reasons stated 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, 
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, 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; 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.  51.1 by removing the alphabetical paragraph designations 
and adding the definitions for non-personal services contractor, 
personal services contractor, and special issuance passport in 
alphabetical order to read as follows:


Sec.  51.1  Definitions.

* * * * *
    Non-personal services contractor, for purposes of this part, is an 
individual working under a non-personal services contract as defined in 
48 CFR 37.101.
* * * * *
    Personal services contractor, for purposes of this part, means a 
contractor who is working under a personal services contract as 
described in 48 CFR 37.104.
* * * * *
    Special issuance passport means a regular passport for which no 
passport fee is collected pursuant to Sec.  51.52, and a service, 
official or diplomatic passport as defined in Sec.  51.3.
* * * * *

0
3. Revise Sec.  51.3 to read as follows:


Sec.  51.3  Types of passports.

    (a) Regular passport. A regular passport is issued to a national of 
the United States.
    (b) Service passport. When authorized by the Department, a service 
passport may be issued to a non-personal services contractor traveling 
abroad to carry out duties in support of and pursuant to a contract 
with the U.S. government, when exceptional circumstances make a service 
passport necessary to enable the individual to carry out his or her 
contractual duties.
    (c) Official passport. When authorized by the Department, an 
official passport may be issued to:
    (1) An officer or employee of the U.S. government traveling abroad 
to carry out official duties, and family members of such persons;
    (2) A U.S. government personal services contractor traveling abroad 
to carry out official duties on behalf of the U.S. government;
    (3) A non-personal services contractor traveling abroad to carry 
out duties in support of and pursuant to a contract with the U.S. 
government when the contractor is unable to carry out such duties using 
a regular or service passport; or
    (4) An official or employee of a state, local, tribal, or 
territorial government traveling abroad to carry out official duties in 
support of the U.S. government.
    (d) Diplomatic passport. A diplomatic passport is issued to a 
Foreign Service Officer or to a person having diplomatic status or 
comparable status because he or she is traveling abroad to carry out 
diplomatic duties on behalf of the U.S. government. When authorized by 
the Department, spouses and family members of such persons may be 
issued diplomatic passports. When authorized by the Department, a 
diplomatic passport may be issued to a U.S. government contractor if 
the contractor meets the eligibility requirements for a diplomatic 
passport and the diplomatic passport is necessary to complete his or 
her contractual duties in support of the U.S. government.
    (e) Passport card. A passport card is issued to a national of the 
United States on the same basis as a regular passport. It is valid only 
for departure from and entry to the United States through land and sea 
ports of entry between the United States and Mexico, Canada, the 
Caribbean and Bermuda. It is not a

[[Page 67158]]

globally interoperable international travel document.

0
4. Revise Sec.  51.4 to read as follows:


Sec.  51.4  Validity of passports.

    (a) Signature of bearer. A passport book is valid only when signed 
by the bearer in the space designated for signature, or, if the bearer 
is unable to sign, signed by a person with legal authority to sign on 
his or her behalf. A passport card is valid without the signature of 
the bearer.
    (b) Period of validity of a regular passport and a passport card. 
(1) A regular passport or passport card issued to an applicant 16 years 
of age or older is valid for ten years from date of issue unless the 
Department limits the validity period to a shorter period.
    (2) A regular passport or passport card issued to an applicant 
under 16 years of age is valid for five years from date of issue unless 
the Department limits the validity period to a shorter period.
    (3) A regular passport for which payment of the fee has been 
excused is valid for a period of five years from the date issued unless 
limited by the Department to a shorter period.
    (c) Period of validity of a service passport. The period of 
validity of a service passport, unless limited by the Department to a 
shorter period, is five years from the date of issue, or so long as the 
bearer maintains the status pursuant to which the service passport is 
issued, whichever is shorter. A service passport which has not expired 
must be returned to the Department upon the termination of the bearer's 
status or at such other time as the Department may determine.
    (d) Period of validity of an official passport. The period of 
validity of an official passport, unless limited by the Department to a 
shorter period, is five years from the date of issue, or so long as the 
bearer maintains his or her official status, whichever is shorter. An 
official passport which has not expired must be returned to the 
Department upon the termination of the bearer's official status or at 
such other time as the Department may determine.
    (e) Period of validity of a diplomatic passport. The period of 
validity of a diplomatic passport, unless limited by the Department to 
a shorter period, is five years from the date of issue, or so long as 
the bearer maintains his or her diplomatic status, whichever is 
shorter. A diplomatic passport which has not expired must be returned 
to the Department upon the termination of the bearer's diplomatic 
status or at such other time as the Department may determine.
    (f) Limitation of validity. The validity period of any passport may 
be limited by the Department to less than the normal validity period. 
The bearer of a limited passport may apply for a new passport, using 
the proper application and submitting the limited passport, applicable 
fees, photographs, and additional documentation, if required, to 
support the issuance of a new passport.
    (g) Invalidity. A United States passport is invalid as soon as:
    (1) The Department has sent or personally delivered a written 
notice to the bearer stating that the passport has been revoked; or
    (2) The passport has been reported as lost or stolen to the 
Department, a U.S. passport agency or a diplomatic or consular post 
abroad and the Department has recorded the reported loss or theft; or
    (3) The passport is cancelled by the Department (physically, 
electronically, or otherwise) upon issuance of a new passport of the 
same type to the bearer; or
    (4) The Department has sent a written notice to the bearer that the 
passport has been invalidated because the Department has not received 
the applicable fees; or
    (5) The passport has been materially changed in physical appearance 
or composition, or contains a damaged, defective or otherwise 
nonfunctioning chip, or includes unauthorized changes, obliterations, 
entries or photographs, or has observable wear or tear that renders it 
unfit for use as a travel document, and the Department either takes 
possession of the passport or sends a written notice to the bearer); or
    (6) The bearer of a special issuance passport no longer maintains 
the status pursuant to which the passport was issued; or
    (7) The Department has sent a written notice to the bearer, 
directly or through the bearer's employing agency, stating that a 
special issuance passport has been cancelled by the Department.

    Dated: September 23, 2016.
David T. Donahue,
Acting Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2016-23568 Filed 9-29-16; 8:45 am]
 BILLING CODE 4710-13-P

67156 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

DEPARTMENT OF STATE FOR FURTHER INFORMATION CONTACT: 1,000 non-personal services contractors
Michael Yohannan, Attorney Advisor, per year.
22 CFR Part 51 PassportRules@state.gov, (202) 485– Under 22 U.S.C. 211a et seq., the
6507. Secretary of State has the authority to
[Public Notice: 9680] make rules for the granting and issuance
SUPPLEMENTARY INFORMATION: U.S.
RIN 1400–AE01 government activities overseas are often of passports. To add clarity to the types
supported by non-personal services of passports issued by the Department,
Passports: Service Passports contracts, defined in 48 CFR 37.101 as § 51.1 of 22 CFR is being modified to
contracts ‘‘under which the personnel add a definition of ‘‘special issuance
AGENCY: Department of State. passport.’’ The Department is modifying
rendering services are not subject, either
ACTION: Interim final rule. § 51.3 to authorize issuance of service
by the contract’s terms or by the manner
passports and to clarify the eligibility
SUMMARY: This rule amends a regulation of its administration, to the supervision
criteria for official and diplomatic
that establishes the different types of and control usually prevailing in
passports. The Department is further
passports issued by the Department of relationships between the U.S.
modifying § 51.4 to clarify the validity
State. A definition for special issuance government and its employees.’’ U.S.
of special issuance passports, including
passports is added. Amendments citizens employed under these
the new service passport, and clarify the
establish a new service passport, which contracts, sometimes referred to as non-
grounds for invalidity of a special
may be approved for certain non- personal services contractors, carry out
issuance passport.
personal services contractors who travel critical security, maintenance and other
abroad in support of and pursuant to a functions on behalf of the U.S. Regulatory Findings
contract with the U.S. government, and government, often under difficult or The Department is publishing this
make corresponding changes regarding dangerous circumstances. As a general rule as a final rule, effective on the date
official and diplomatic passports. The rule these individuals conduct the travel of publication, pursuant to the ‘‘good
service passport will demonstrate a associated with their contractual duties cause’’ exemption of the Administrative
contractual relationship between the in support of the U.S. government with Procedure Act (APA), 5 U.S.C.
bearer’s employer and the U.S. a regular passport. However, the 553(b)(3)(B). The Department finds that
government as the reason for travel, Department is aware that there are delaying the effect of this rule until after
thereby continuing to demonstrate the limited circumstances in which non- notice and comment would be
individual’s support function on behalf personal services contractors traveling impractical, unnecessary, and contrary
of the U.S. government, but nevertheless on regular passports experience to public interest. The Department finds
signaling a more attenuated relationship difficulties when the purpose of their that providing these individuals with
with the U.S. government than that travel involves work conducted in travel documents that indicate that their
enjoyed by direct hire employees. The support of the U.S. government. These travel is in support of the U.S.
U.S. government incurs significant difficulties annually cause significant government while also signaling a more
additional cost annually in delays and cost to the U.S. government resulting attenuated relationship with the U.S.
fees because foreign governments do not from program delays and fees assessed government than that enjoyed by direct
recognize contractors as doing work for to the Department. Contractors working hire employees provides a compelling
the U.S. government. By more clearly on building projects who must travel justification for an immediate effective
demonstrating the attenuated intermittently out of country to renew date of this rule.
relationship, the Department will visas are particularly affected by such In addition, this rulemaking is exempt
eliminate such waste. The regulation is difficulties because the U.S. government from notice and comment pursuant to 5
amended to establish the validity of the must bear the round-trip air travel costs, U.S.C. 553(a)(1), because it involves a
new service passport and clarify the the hotel costs, and the per diem costs foreign affairs function of the United
grounds for invalidity of a special in addition to wage costs during often States. As noted above, contractors
issuance passport. lengthy waits for a new visa. Foreign working on building projects often must
governments also charge large visa fees travel intermittently out of country to
DATES: This rule is effective on
which then increase the costs of renew visas, and foreign governments
September 30, 2016. The Department of
programs and building projects. In these charge large visa fees whenever that
State will accept comments on this
instances, it is advantageous to the U.S. occurs. The U.S. government must
interim final rule until November 29,
government to provide a passport that provide a passport that conveys that the
2016.
conveys that the traveler is abroad to traveler is abroad to conduct work in
ADDRESSES: You may make comments conduct work in support of the U.S. support of the U.S. government while
by any of the following methods, and government while simultaneously simultaneously indicating that the
you must include the RIN in the subject indicating that the traveler has a more traveler has a more attenuated
line of your message. attenuated relationship with the U.S. relationship with the U.S. government
• Mail (paper, disk, or CD–ROM government that does not justify a that does not justify a diplomatic or
submissions): ATTN: RIN 1400–AE01, diplomatic or official passport. official passport.
U.S. Department of State, Office of The Department of State is creating a Because this rule is exempt from 5
Passport Services, Bureau of Consular new type of passport, the ‘‘service U.S.C. 553, it is effective on the date of
Affairs (CA/PPT), Attn: CA/PPT/L, passport,’’ to fulfill this function. The publication. See 5 U.S.C. 553(d).
asabaliauskas on DSK3SPTVN1PROD with RULES

44132 Mercure Circle, P.O. Box 1227, Department is further clarifying the However, the Department solicits—and
Sterling, Virginia 20166–1227. limited circumstances under which a welcomes—comments on this
• Email: PassportRules@state.gov. non-personal or personal services rulemaking, and will address relevant
• Persons with access to the Internet contractor may receive an official or comments in a final rule.
may view this rule and submit diplomatic passport when in receipt of
comments by going to such request from a federal agency. The Regulatory Flexibility Act
www.regulations.gov, and searching for Department estimates that this The Department, in accordance with
docket number DOS–2016–0065. rulemaking will affect approximately the Regulatory Flexibility Act, 5 U.S.C.

VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\30SER1.SGM 30SER1

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67157

605(b), has reviewed this rule and, by costs on Indian tribal governments, and a service, official or diplomatic passport
approving it, certifies that the rule, if will not preempt tribal law. as defined in § 51.3.
promulgated, will not have a significant Accordingly, Executive Order 13175 * * * * *
economic impact on a substantial does not apply to this rulemaking. ■ 3. Revise § 51.3 to read as follows:
number of small entities as defined in
Paperwork Reduction Act
5 U.S.C. 601(6). § 51.3 Types of passports.
This rule does not impose or alter any (a) Regular passport. A regular
Unfunded Mandates Act of 1995 reporting or record-keeping passport is issued to a national of the
This rule will not result in the requirements under the Paperwork United States.
expenditure by state, local, tribal, or Reduction Act. The individuals who (b) Service passport. When authorized
territorial governments, in the aggregate, will be applying for the new service by the Department, a service passport
or by the private sector, of $100 million passports are those who would have may be issued to a non-personal
or more in any year and it will not applied for regular or official passports; services contractor traveling abroad to
significantly or uniquely affect small therefore, the total burden on existing carry out duties in support of and
governments. Therefore, no actions were information collections is expected to pursuant to a contract with the U.S.
deemed necessary under the provisions remain constant. The OMB Control government, when exceptional
of the Unfunded Mandates Reform Act Numbers are 1405–0004 and 1405–0020. circumstances make a service passport
of 1995, 2 U.S.C. 1501 et seq. necessary to enable the individual to
List of Subjects in 22 CFR Part 51
Small Business Regulatory Enforcement Administrative practice and carry out his or her contractual duties.
Fairness Act of 1996 procedure, Drug traffic control, (c) Official passport. When authorized
Passports and visas, Reporting and by the Department, an official passport
This rule is not a major rule as
recordkeeping requirements. may be issued to:
defined by section 804 of the Small
(1) An officer or employee of the U.S.
Business Regulatory Enforcement Accordingly, for the reasons stated in
government traveling abroad to carry
Fairness Act of 1996, since it will not the preamble, 22 CFR part 51 is
out official duties, and family members
result in an annual effect on the amended as follows:
of such persons;
economy of $100 million or more. See
PART 51—PASSPORTS (2) A U.S. government personal
5 U.S.C. 804(2).
services contractor traveling abroad to
Executive Order 12866 and 13563 ■ 1. The authority citation for Part 51 carry out official duties on behalf of the
The Department has reviewed the continues to read as follows: U.S. government;
regulation to ensure its consistency with Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; (3) A non-personal services contractor
the regulatory philosophy and 22 U.S.C. 211a, 212, 213, 213n (Pub. L. 106– traveling abroad to carry out duties in
principles set forth in the Executive 113 Div. B, Sec. 1000(a)(7) [Div. A, Title II, support of and pursuant to a contract
Orders and finds that the benefits of this Sec. 236], 113 Stat. 1536, 1501A–430); 214, with the U.S. government when the
rule outweigh any costs. This rule is not 214a, 217a, 218, 2651a, 2671(d)(3), 2705, contractor is unable to carry out such
2714, 2721, & 3926; 26 U.S.C. 6039E; 31 duties using a regular or service
economically significant under U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title
Executive Order 12866, section 3(f)(1), passport; or
V of Pub. L. 103–317, 108 Stat. 1760]; E.O. (4) An official or employee of a state,
because it will not have an annual effect 11295, Aug. 6, 1966, FR 10603, 3 CFR, 1966–
on the economy of $100 million or 1970 Comp., p. 570; Sec. 1 of Pub. L. 109–
local, tribal, or territorial government
more. The Department expects the rule’s 210, 120 Stat. 319; Sec. 2 of Pub. L. 109–167, traveling abroad to carry out official
impact on the public to be minimal; 119 Stat. 3578; Sec. 5 of Pub. L. 109–472, 120 duties in support of the U.S.
therefore, the Department finds that the Stat. 3554; Pub. L. 108–447, Div. B, Title IV, government.
benefits of this rulemaking outweigh Dec. 8, 2004, 118 Stat. 2809; Pub. L. 108–458, (d) Diplomatic passport. A diplomatic
any costs. This rule has been designated 118 Stat. 3638, 3823 (Dec. 17, 2004). passport is issued to a Foreign Service
as ‘‘non-significant’’ by the Office of ■ 2. Amend § 51.1 by removing the Officer or to a person having diplomatic
Information and Regulatory Affairs. alphabetical paragraph designations and status or comparable status because he
adding the definitions for non-personal or she is traveling abroad to carry out
Executive Order 13132 services contractor, personal services diplomatic duties on behalf of the U.S.
This rule will not have substantial contractor, and special issuance government. When authorized by the
direct effects on the states, on the passport in alphabetical order to read as Department, spouses and family
relationship between the national follows: members of such persons may be issued
government and the states, or on the diplomatic passports. When authorized
§ 51.1 Definitions. by the Department, a diplomatic
distribution of power and
responsibilities among the various * * * * * passport may be issued to a U.S.
levels of government. Therefore, in Non-personal services contractor, for government contractor if the contractor
accordance with section 6 of Executive purposes of this part, is an individual meets the eligibility requirements for a
Order 13132, the Department has working under a non-personal services diplomatic passport and the diplomatic
determined that this rule does not have contract as defined in 48 CFR 37.101. passport is necessary to complete his or
sufficient federalism implications to * * * * * her contractual duties in support of the
require consultations or warrant the Personal services contractor, for U.S. government.
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preparation of a federalism summary purposes of this part, means a contractor (e) Passport card. A passport card is
impact statement. who is working under a personal issued to a national of the United States
services contract as described in 48 CFR on the same basis as a regular passport.
Executive Order 13175—Effect on Tribes 37.104. It is valid only for departure from and
The Department of State has * * * * * entry to the United States through land
determined that this rulemaking will Special issuance passport means a and sea ports of entry between the
not have tribal implications, will not regular passport for which no passport United States and Mexico, Canada, the
impose substantial direct compliance fee is collected pursuant to § 51.52, and Caribbean and Bermuda. It is not a

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67158 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

globally interoperable international (f) Limitation of validity. The validity DEPARTMENT OF TRANSPORTATION
travel document. period of any passport may be limited
■ 4. Revise § 51.4 to read as follows: by the Department to less than the National Highway Traffic Safety
normal validity period. The bearer of a Administration
§ 51.4 Validity of passports. limited passport may apply for a new
(a) Signature of bearer. A passport passport, using the proper application Federal Highway Administration
book is valid only when signed by the and submitting the limited passport,
bearer in the space designated for applicable fees, photographs, and 23 CFR Parts 1270 and 1275
signature, or, if the bearer is unable to additional documentation, if required, [Docket No. NHTSA–2016–0099]
sign, signed by a person with legal to support the issuance of a new
authority to sign on his or her behalf. A RIN 2127–AL45
passport.
passport card is valid without the
(g) Invalidity. A United States Regulatory Update of Transfer and
signature of the bearer.
passport is invalid as soon as: Sanction Programs
(b) Period of validity of a regular
passport and a passport card. (1) A (1) The Department has sent or AGENCY: National Highway Traffic
regular passport or passport card issued personally delivered a written notice to Safety Administration (NHTSA) and
to an applicant 16 years of age or older the bearer stating that the passport has Federal Highway Administration
is valid for ten years from date of issue been revoked; or (FHWA), Department of Transportation
unless the Department limits the (2) The passport has been reported as (DOT).
validity period to a shorter period. ACTION: Interim final rule; request for
lost or stolen to the Department, a U.S.
(2) A regular passport or passport card comments.
passport agency or a diplomatic or
issued to an applicant under 16 years of
consular post abroad and the SUMMARY: This action revises the
age is valid for five years from date of
issue unless the Department limits the Department has recorded the reported Federal implementing regulations for
validity period to a shorter period. loss or theft; or the Section 154 (Open Container) and
(3) A regular passport for which (3) The passport is cancelled by the Section 164 (Repeat Intoxicated Driver)
payment of the fee has been excused is Department (physically, electronically, programs as a result of enactment of the
valid for a period of five years from the or otherwise) upon issuance of a new Fixing America’s Surface Transportation
date issued unless limited by the passport of the same type to the bearer; (FAST) Act. It incorporates the new
Department to a shorter period. or compliance criteria for the Section 164
(c) Period of validity of a service program and updates the regulations to
(4) The Department has sent a written
passport. The period of validity of a reflect current practice. This document
notice to the bearer that the passport has is being issued as an interim final rule
service passport, unless limited by the been invalidated because the
Department to a shorter period, is five to ensure that States receive instructions
Department has not received the that are important to upcoming
years from the date of issue, or so long
applicable fees; or compliance determinations to be made
as the bearer maintains the status
pursuant to which the service passport (5) The passport has been materially on October 1, 2016. The agencies
is issued, whichever is shorter. A changed in physical appearance or request comments on this rule. The
service passport which has not expired composition, or contains a damaged, agencies will publish a document
must be returned to the Department defective or otherwise nonfunctioning responding to any comments received
upon the termination of the bearer’s chip, or includes unauthorized changes, and, if appropriate, will amend
status or at such other time as the obliterations, entries or photographs, or provisions of the regulations.
Department may determine. has observable wear or tear that renders DATES: This interim final rule is
(d) Period of validity of an official it unfit for use as a travel document, and effective on October 1, 2016. Comments
passport. The period of validity of an the Department either takes possession concerning this interim final rule are
official passport, unless limited by the of the passport or sends a written notice due on November 30, 2016.
Department to a shorter period, is five to the bearer); or ADDRESSES: You may submit comments
years from the date of issue, or so long using the number identified in the
as the bearer maintains his or her (6) The bearer of a special issuance
passport no longer maintains the status heading of this document by any of the
official status, whichever is shorter. An following methods:
pursuant to which the passport was
official passport which has not expired • Federal eRulemaking Portal: Go to
must be returned to the Department issued; or
http://www.regulations.gov. Follow the
upon the termination of the bearer’s (7) The Department has sent a written online instructions for submitting
official status or at such other time as notice to the bearer, directly or through comments.
the Department may determine. the bearer’s employing agency, stating • Mail: Docket Management Facility,
(e) Period of validity of a diplomatic that a special issuance passport has M–30, U.S. Department of
passport. The period of validity of a been cancelled by the Department. Transportation, West Building, Ground
diplomatic passport, unless limited by Floor, Rm. W12–140, 1200 New Jersey
Dated: September 23, 2016.
the Department to a shorter period, is Avenue SE., Washington, DC 20590.
five years from the date of issue, or so David T. Donahue, • Hand Delivery or Courier: West
asabaliauskas on DSK3SPTVN1PROD with RULES

long as the bearer maintains his or her Acting Assistant Secretary, Bureau of Building Ground Floor, Room W12–140,
diplomatic status, whichever is shorter. Consular Affairs, Department of State. 1200 New Jersey Avenue SE., between
A diplomatic passport which has not [FR Doc. 2016–23568 Filed 9–29–16; 8:45 am] 9 a.m. and 5 p.m. Eastern Time, Monday
expired must be returned to the BILLING CODE 4710–13–P through Friday, except Federal holidays.
Department upon the termination of the • Fax: (202) 493–2251.
bearer’s diplomatic status or at such Regardless of how you submit your
other time as the Department may comments, please mention the docket
determine. number of this document.

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Document Created: 2018-02-09 13:33:56
Document Modified: 2018-02-09 13:33:56

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		Interim final rule.
Dates		This rule is effective on September 30, 2016. The Department of State will accept comments on this interim final rule until November 29, 2016.
Contact		Michael Yohannan, Attorney Advisor, [email protected], (202) 485-6507.
FR Citation		81 FR 67156
RIN Number		1400-AE01
CFR Associated		Administrative Practice and Procedure; Drug Traffic Control; Passports and Visas and Reporting and Recordkeeping Requirements