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11299_PublishedFR_10-20-2022.pdf

Statement of Consent: Issuance of a U.S. Passport to a Minor Under the Age 16

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OMB: 1405-0129

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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Proposed Rules
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex B), Washington, DC
20580.
Because your comment will be placed
on the public record, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
contain sensitive personal information,
such as your or anyone else’s Social
Security number; date of birth; driver’s
license number or other state
identification number or foreign country
equivalent; passport number; financial
account number; or credit or debit card
number. You are also solely responsible
for making sure your comment does not
include any sensitive health
information, such as medical records or
other individually identifiable health
information. In addition, your comment
should not include any ‘‘[t]rade secret or
any commercial or financial information
which . . . is privileged or
confidential’’—as provided in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
In particular, the written request for
confidential treatment that accompanies
the comment must include the factual
and legal basis for the request and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted publicly at https://
www.regulations.gov—as legally
required by FTC Rule 4.9(b)—we cannot
redact or remove your comment, unless
you submit a confidentiality request that
meets the requirements for such
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
Visit the FTC website to read this
document and the news release
describing it. The FTC Act and other
laws that the Commission administers
permit the collection of public
comments to consider and use in this
proceeding as appropriate. The
Commission will consider all timely
and responsive public comments it
receives on or before November 21,
2022. For information on the
Commission’s privacy policy, including

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routine uses permitted by the Privacy
Act, see https://www.ftc.gov/
siteinformation/privacy-policy.
By direction of the Commission,
Commissioner Wilson abstaining.
April J. Tabor,
Secretary.

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Department may not be able to consider
your comment. After the conclusion of
the comment period, the Department
will publish a Final Rule (in which it
will address relevant comments) as
expeditiously as possible.
FOR FURTHER INFORMATION CONTACT:

DEPARTMENT OF STATE

Kelly Cullum, Office of Adjudication,
Passport Services, (202) 485–8800, or
email
PassportOfficeofAdjudicationGeneral@
state.gov.

22 CFR Part 51

SUPPLEMENTARY INFORMATION:

[FR Doc. 2022–22813 Filed 10–19–22; 8:45 am]
BILLING CODE 6750–01–P

[Public Notice 11299]
RIN 1400–AF10

Passports: Form DS–3053 Statement
of Consent; Consular Reports of Birth
Abroad (CRBA)
Department of State.
Proposed rule.

AGENCY:
ACTION:

The Department proposes to
amend its rule regarding minor passport
applications to allow a non-applying
parent to sign the statement of consent
before a notary public or a passport
specialist at one of the public passport
agency/center counters located within
the United States. Department of State
Form DS–3053, which is used to obtain
the written consent from the parent or
legal guardian of a minor passport
applicant when they cannot be present
at the time the application is executed,
is being revised to be consistent with
this rulemaking. This proposal also
amends the rule 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. Finally, this
rulemaking updates the authority
citation for the regulations.
DATES: The Department of State will
accept comments until December 19,
2022.
SUMMARY:

Interested parties may
submit comments to the Department by
any of the following methods:
• Visit the Regulations.gov website at:
https://www.regulations.gov and search
for the docket number DOS–2021–0001.
• Email:
PassportOfficeofAdjudicationGeneral@
state.gov. You must include RIN 1400–
AF10 in the subject line of your
message.
• All comments should include the
commenter’s name, the organization the
commenter represents, if applicable,
and the commenter’s address. If the
Department is unable to read your
comment for any reason, and cannot
contact you for clarification, the

ADDRESSES:

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When
applying for a U.S. passport on behalf of
a minor under the age of 16, the minor’s
parents or legal guardians must both
execute the passport application, unless
the applying parent can demonstrate
sole authority to obtain the passport.
Currently, if one of the parents or legal
guardians does not execute the passport
application, the non-applying parent
must submit a notarized statement/
affidavit consenting to the issuance of a
passport for the minor, along with a
copy of the parent’s identification.
Feedback from parents and legal
guardians indicates that the notarization
of the document can be a difficult
requirement to meet and adds more time
and expense to the application process.
Additionally, when the non-applying
parent appears at a passport agency/
center counter to complete the
statement of consent, they must be
turned away and sent to a notary public.
The Department proposes to amend
22 CFR 51.28(a)(3)(i) and (a)(4)(i) and
(ii) to allow the non-applying parent or
legal guardian to sign a statement of
consent before a passport specialist at
one of the public passport agency/center
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 or overseas post. This
counter service will be offered free of
charge. This proposal further amends
§ 51.28(a)(4)(ii) to clarify that where one
parent authorizes a person to apply in
loco parentis on behalf of a minor, they
must demonstrate that they have sole
legal authority to execute the passport
application on behalf of that minor or
that exigent or special family
circumstances exist.
This proposal also amends 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.

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63740

Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Proposed Rules
Executive Orders 12372 and 13132—
Federalism

Regulatory Findings
Administrative Procedure Act
The Department of State is publishing
this rulemaking as a proposed rule and
is providing 60 days for public
comment.
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
rulemaking will not have a significant
economic impact on a substantial
number of small entities. This gives
greater flexibility to the parents and
legal guardians of minor children
applying for U.S. passports. Only
individuals, and no small entities, apply
for passports.
Unfunded Mandates Act of 1995
This rulemaking 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.
Executive Order 12866

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This proposed rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review. The
Department does not anticipate that
demand for passport services will
change as a result of this rule change.
The service described in this
rulemaking will be offered free of
charge.
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, and in fact
provides a potential benefit to nonapplying parents who may now sign a
consent statement before a passport
specialist free of charge (while retaining
the option of signing before a notary).
Executive Order 13563—Improving
Regulation and Regulatory Review
The Department of State has
considered this proposed rule in light of
Executive Order 13563, dated January
18, 2011, and affirms that this regulation
is consistent with the guidance therein.

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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
proposed 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 proposed rule.
Paperwork Reduction Act
The information collection contained
in this proposed rule is pursuant to the
Paperwork Reduction Act, 44 U.S.C.
Chapter 35, and relates to Office of
Management and Budget (OMB) Control
Number 1405–0129. As part of this
rulemaking, the Department is seeking
comment on the administrative burden
associated with this collection of
information. This proposed rule will
result in a change in the design of the
DS–3053, the form associated with this
collection of information.
Department of State Form DS–3053,
which is used to obtain the written
consent from the parent or legal
guardian of a minor passport applicant
when they cannot be present at the time
the application is executed, is being
revised to be consistent with this
rulemaking, to allow the non-applying
parent or legal guardian to sign a
statement of consent before a notary
public or a passport specialist at one of
the public passport agency/center
counters located within the United
States as an alternative to requiring a
notarized statement when an
application is pending at a passport
agency/center.
OMB Control No. 1405–0129,
Statement of Consent: Issuance of a U.S.
Passport to a Minor Under the Age 16
was last revised on December 15, 2020.
The estimated burden is 20 minutes.

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The Department does not anticipate an
increase in burden; however, in
addition to comments on the proposed
rule itself, the public is invited to
comment on the estimated burden.
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
(2) Title of the Form/Collection: NonApplying Parents of Minor Passport
Applicants Execution of Form DS–3053
Statement of Consent.
(3) Agency form numbers: DS–3053
Statement of Consent.
(4) Affected public: This information
collection will be used by non-applying
parents of minor passport applicants.
(5) An estimate of the total number of
respondents: The Department estimates
that the yearly total of respondents age
17 and under is 416,478.
(6) An estimate of the total annual
public burden (in hours) associated with
the collection: The average burden
associated with the DS–3053 Statement
of Consent information collection is
estimated to be 20 minutes per
respondent. The Department estimates
the total annual burden for this
information collection to be 138,826
hours.
(7) Submit comments to the
Department of State by the following
methods:
Department of State:
• Web: Persons with access to the
internet may view this document and
provide comments by going to the
regulations.gov website at: https://
www.regulations.gov/index.cfm. Search
for Docket No. DOS–2021–0001 or for
RIN 1400–AF10.
• Email: PassportOfficeof
[email protected]: You
must include the DS form number,
information collection title, and the
OMB control number in any
correspondence.
(8) We are soliciting public comments
to permit the Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department.
• Evaluate the accuracy of our
estimate of the time and cost burden for
this proposed collection, including the
validity of the methodology and
assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of information
technology.
Please note that comments submitted
in response to this proposed rule are
public record. Before including any

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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Proposed Rules
detailed personal information, you
should be aware that your comments as
submitted, including your personal
information, will be available for public
review.
Abstract of proposed collection: This
information collection will enable nonapplying parents to provide consent to
passport issuance to minor applicants
before a notary public (current rule) or
before either a notary public or a
counter passport specialist (proposed
rule).
Methodology:
The form introduced by this
information collection will be made
available online on the Department’s
website and upon request at
participating passport agencies and
must be submitted to the Department as
noted in this rulemaking.
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, for the reasons set forth
in the preamble, 22 CFR part 51 is
proposed to be amended as follows:

1. The authority citation for part 51 is
revised to read as follows:

■

Authority: 8 U.S.C. 1104, 1185, 1185n
(Pub. L. 108–458, 118 Stat. 3638, 3823), 1504,
and 1714; 22 U.S.C. 211a, 212, 212a, 212b,
213, 213n (Div. B, Sec. 1000(a)(7) [Div. A,
Title II, Sec. 236], Pub. L. 106–113, 113 Stat.
1536, 1501A–430), 214, 214a, 217a, 218,
2651a, 2671(d)(3), 2705, 2714, 2714a, 2721,
and 3926; 26 U.S.C. 6039E; 31 U.S.C. 9701;
34 U.S.C. 21501–21510; 42 U.S.C. 652(k);
E.O. 11295, 31 FR 10603, 3 CFR, 1966–1970
Comp., p. 570; 34 U.S.C. 21501–21510; 26
CFR 301.6039E–1.

2. Amend § 51.28 by:
a. Revising paragraph (a)(3)(i);
b. Removing paragraph (a)(3)(ii)(B);
c. Redesignating paragraphs
(a)(3)(ii)(C) through (G) as paragraphs
(a)(3)(ii)(B) through (F);
■ d. In newly redesignated paragraph
(a)(3)(ii)(E), removing the period and
adding ‘‘; and’’ in its place; and
■ e. Revising paragraphs (a)(4)(i) and
(ii).
The revisions read as follows:
■
■
■
■

lotter on DSK11XQN23PROD with PROPOSALS1

Minors.

(a) * * *
(3) * * *
(i) A written statement or affidavit
from the non-applying parent or legal
guardian, if applicable, consenting to
the issuance of the passport, and signed
before a notary public or a passport
specialist at a public passport agency/
center counter operated by the
Department of State.
*
*
*
*
*
(4) * * *

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Rachel M. Arndt,
Deputy Assistant Secretary, Bureau of
Consular Affairs, Department of State.
[FR Doc. 2022–22758 Filed 10–19–22; 8:45 am]
BILLING CODE 4710–25–P

POSTAL SERVICE
39 CFR Part 111

PART 51—PASSPORTS

§ 51.28

(i) A person may apply in loco
parentis on behalf of a minor under age
16 by submitting a written statement or
affidavit from both parents or each legal
guardian, if any, specifically authorizing
the application, and signed before a
notary public or a passport specialist at
a public passport agency/center counter
operated by the Department of State.
(ii) If only one parent or legal
guardian provides the written statement
or affidavit, the applicant must provide
documentary evidence that an
application may be made by one parent
or legal guardian, consistent with this
section.
*
*
*
*
*

Jkt 259001

New Mailing Standards for Domestic
Mailing Services Products
Postal ServiceTM.
ACTION: Proposed rule.
AGENCY:

On October 7, 2022, the Postal
Service (USPS®) filed a notice of
mailing services price adjustments with
the Postal Regulatory Commission
(PRC), effective January 22, 2023. This
proposed rule contains the revisions to
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) that we would adopt to
implement the changes coincident with
the price adjustments.
DATES: Submit comments on or before
November 21, 2022.
ADDRESSES: Mail or deliver written
comments to the Manager, Product
Classification, U.S. Postal Service, 475
L’Enfant Plaza SW, Room 4446,
Washington, DC 20260–5015. If sending
comments by email, include the name
and address of the commenter and send
to [email protected], with a
subject line of ‘‘January 2023 Domestic
Mailing Services Proposal.’’ Faxed
comments are not accepted.
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
You may inspect and photocopy all
written comments, by appointment
only, at USPS® Headquarters Library,
475 L’Enfant Plaza SW, 11th Floor
SUMMARY:

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North, Washington, DC 20260. These
records are available for review on
Monday through Friday, 9 a.m.–4 p.m.,
by calling 202–268–2906.
FOR FURTHER INFORMATION CONTACT:
Krista Becker at (202) 268–7345, Samie
Rehman at (202) 268–7023, Karen Key at
(202) 268–7492, or Doriane Harley at
(202) 268–2537.
SUPPLEMENTARY INFORMATION: Proposed
prices are available under Docket No.
R2023–1 on the Postal Regulatory
Commission’s website at www.prc.gov.
The Postal Service’s proposed rule
includes changes to prices, mail
classification updates, product
simplification efforts, and minor
revisions to the DMM.
Discount for Marketing Mail Flats on
SCF Pallets
Currently, the Postal Service offers
discounts for Carrier Route, High
Density, High Density Plus, and
Saturation Flats on 5-Digit or 5-Digit
Scheme (direct) containers. Similar
discounts would now be offered to flatshaped Marketing Mail pieces on SCF
Pallets. This proposed discount will be
applicable to Automation and
Nonautomation (3-Digit and 5-Digit
Presort) Flats, Carrier Route Flats, High
Density Flats, High Density Plus Flats
and Saturation Flats on SCF Pallets
regardless of the entry (None, DNDC,
and DSCF). This preparation assures
that no bundle sorting is required prior
to the final processing plant.
Eliminate Zip Coding of Mailing Lists
and Correction of Mailing Lists as AMS
Products
Currently, the Postal Service offers
mailing list services for manual
correction of name and address on
occupant lists and manual sorting of
mailing lists on cards by 5-digit ZIP
Code.
The Postal Service is proposing to
discontinue these two services due to
low volume usage and the availability of
other Address Management products
that allows more efficient access to the
same information in an electronic
format.
Elimination of Legacy Extra Service
Labels
In an attempt to reduce duplicate
labels, the Postal Service is eliminating
the following legacy labels: PS 153
Signature Confirmation, PS 3800
Certified Mail, PS 3813 Insured Mail
$500 and under, and PS 3813–P Insured
Mail over $500. These labels will be
replaced with IMpb compliant versions.
Mailers that continue to use the
eliminated labels will be subject to the
IMpb Noncompliance Fee.

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