Passport ProceduresAmendment to Validity of Passports Regulation

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 51

[Public Notice 2720]

Passport Procedures--Amendment to Validity of Passports

Regulation

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

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SUMMARY: This final rule amends regulations to lower the age of

eligibility for a passport valid for 10 years issued on or after

February 1, 1998, from 18 years of age to 16 years of age.

Specifically, the rule establishes the validity period of a regular

passport issued on or after February 1, 1998 to an applicant 16 years

of age or older as 10 years from date of issue, and to establish the

validity of a regular passport issued on or after February 1, 1998 to

an applicant under the age of 16 years for 5 years from date of issue.

This is consistent with the Schedule of Fees for Consular Services at

section 22.1 in Title 22 of the Code of Federal Regulations, as

effective February 1, 1998.

DATES: Effective February 1, 1998. Comments: Although this rule takes

effective February 1, 1998, interested persons are invited to submit

written Comments on or before March 16, 1998.

ADDRESSES: Interested persons are invited to submit comments to:

Director, Office of Passport Policy and Advisory Services, 1111 19th

Street, N.W., Suite 260, Washington, D.C. 20524.

FOR FURTHER INFORMATION CONTACT:

Sharon E. Palmer-Royston, Office of Passport Policy and Advisory

Services, Bureau of Consular Affairs, Department of State (202) 955-

0231.

SUPPLEMENTARY INFORMATION: Section 51.4(b) of the passport regulations

in Title 22 of the Code of Federal Regulations establishes the period

of validity of a regular passport. In this regard, section 217a of

Title 22 in the United States Codes provides that ``[a] passport shall

be valid for a period of ten years from the date of issue, except that

the Secretary of State may limit the validity of a passport to a period

of less than ten years in an individual case or on a general basis

pursuant to regulation''.

This final rule would amend the existing regulation of section

51.4(b) of Title 22 of the Code of Federal Regulations by reducing the

age of an applicant eligible for a passport valid for 10 years from 18

years of age to 16 years of age for a passport issued on or after

February 1, 1998. The change will ensure consistency with changes being

made effective February 1, 1998, in the Schedule of Fees for Consular

Services, 22 CFR 22.1, which establishes the fee for a passport in part

on the basis of whether the applicant is under age 16 or is age 16 or

over. Under the new Schedule, an applicant age 16 or over will pay the

fee associated with a ten-year passport. This reflects a decision by

the Department of State, in connection with revising the fee schedule,

that applicants ages 16 and 17 should now generally receive passports

valid for ten years. The Department of State needs to make a

corresponding change to 22 CFR 51.4(b), which otherwise would appear to

limit an applicant age 16 or 17 to a five-year passport, even though

such a person would be expected under the new fee schedule to pay for a

ten-year passport.

The rule is not expected to have a significant economic impact on a

substantial number of small entities and is not a major rule for

purposes of advance congressional notification under the criteria of

the Regulatory Flexibility Act. It will not impose information

collection requirements under the provisions of the Paperwork Reduction

Act, 44 U.S.C. Chapter 35. It has been reviewed under E.O. 12988 and

been determined to be in compliance therewith. This rule is exempt from

review under E.O. 12866 but has been reviewed internally to ensure

consistency therewith. This rule does not raise federalism issues under

E.O. 12612.

COMMENT PERIOD AND EFFECTIVE DATE: Exception.

The new Period of Validity of a Regular Passport will take effect

February 1, 1998. Pursuant to 5 U.S.C. 553(b) and (d), the Department

of State has decided to make this rule effective without a prior public

notice and comment period and not to delay the effective date past

February 1. Delaying the effective date would result in an

inconsistency between the provisions governing the period of validity

of regular passport at section 51.4(b) in Title 22 of the Code of

Federal Regulations and the changes being made in the Schedule of Fees

at sections 22.1 of Title 22 of the Code of Federal Regulations insofar

as it relates to passport fees. Such inconsistency could cause

confusion regarding the applicable passport fees and passport services,

provided to applicants who are between 16 years of age and 18 years of

age. Moreover, it is in the interest of a passport applicant who was

previously eligible only for a passport valid for 5 years to become

eligible as soon as possible for a passport with a validity of 10

years. This change effectively relieves a restriction on passport

validity with respect to applicants ages 16 and 17. Finally, the

Schedule of Fees was subject to 30 days notice and comment. The

Department of State has concluded that advance notice and comment for

the present rule is unnecessary and contrary to the public interest,

and that the rule may take effect in less than 30 days from the date of

publication.

PART 51--PASSPORTS

1. The authority citation for Part 51 continues to read as follows:

Authority: 22 U.S.C. 211a, 212, 213, 214, 214a, 216, 217a,

2671(d); 31 U.S.C. 9701; sec. 129, Pub. L. 102-138, 105 Stat. 661;

E.O. 11295, 36 FR 10603, 3 CFR, 1966-1970 Comp., p. 570.

2. Section 51.4(b) is revised to read as follows:

Sec. 51.4 Validity of passports.

* * * * *

(b) Period of validity of a regular passport.

(1) A regular passport issued on or after February 1, 1998, to an

applicant 16 years or age or older is valid for 10 years from date of

issue unless limited by the Secretary to a shorter period.

(2) A regular passport issued on or after February 1, 1998 to an

applicant under the age of 16 years is valid for 5 years from date of

issue unless limited by the Secretary of State to a shorter period.

(3) The period of validity of a regular passport issued on or after

January 1, 1983, and before February 1, 1998, unless limited by the

Secretary of State to a shorter period is: 10 years from date of issue

if issued to an applicant age 18 or older; five years from date of

issue if issued to an applicant under age 18.

[[Page 7286]]

(4) The period of validity of a regular passport issued prior to

January 1, 1983, is five years from date of issue.

* * * * *

Dated: January 29, 1998.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 98-3534 Filed 2-12-98; 8:45 am]

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