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17 October 2006
[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Proposed Rules]
[Page 60928-60932]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-35]
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DEPARTMENT OF STATE
22 CFR Parts 22 and 51
RIN 1400-AC22
[Public Notice 5558]
Card Format Passport; Changes to Passport Fee Schedule
AGENCY: State Department.
ACTION: Proposed Rule.
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SUMMARY: Section 7209 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3638
(Dec. 17, 2004), provides that U.S. citizens and nonimmigrant aliens
may enter the U.S. only with passports or such alternative documents as
the Secretary of Homeland Security may designate as satisfactorily
establishing identity and citizenship. The statute requires that the
Secretary of Homeland Security, in consultation with the Secretary of
State, develop and implement a plan to require virtually all travelers
entering the U.S. to present a passport, other document, or combination
of documents, that are ``deemed by the Secretary of Homeland Security
to be sufficient to denote identity and citizenship. Section 7209
expressly limits the waiver of documentation requirements for U.S.
citizens under section 215 (b) of the Immigration and Nationality Act
(INA)\1\ and eliminates the waiver of documentation requirements for
categories of
[[Page 60929]]
individuals for whom documentation requirements have previously been
waived (citizens of Canada, Mexico, and Bermuda) under section 212
(d)(4) (B) of the INA.\2\ U.S. citizens and nonimmigrant aliens from
Canada, Mexico, and Bermuda will be required to comply with the new
document requirements of section 7209.\3\ The legislation also requires
that the Department of Homeland Security (DHS) and Department of State
seek to facilitate the frequent travel of those living in border
communities. This proposed rule addresses the travel facilitation
requirement of this legislation. The administration's proposal to
address the remainder of the legislative requirements as set forth in
section 7209, called the Western Hemisphere Travel Initiative (WHTI),
is being addressed in separate rulemakings.
---------------------------------------------------------------------------
\1\ 8 U.S.C. 1185 (b).
\2\ 8 U.S.C.1182 (d)(4)(B).
\3\ Section 7209 does not apply to Lawful Permanent Residents,
who will continue to be able to enter the U.S. upon presentation of
a valid Form I-551, Alien Registration Card, or other valid evidence
of permanent resident status. Section 211 (b) of the INA, 8 U.S.C.
1181(b). It also does not apply to alien members of U.S. Armed
Forces traveling under official orders. Section 284 of INA, 8 U.S.C.
1354. Additionally, section 7209 does not change current
requirements for nonimmigrant aliens from anywhere other than
Canada, Mexico, or Bermuda. See section 212 (d)(4)(B) of the INA, 8
U.S.C. 1182 (d)(4)(B) and 8 CFR 212.1.
---------------------------------------------------------------------------
The passport card is intended as a lower cost means of establishing
identity and nationality for American citizens in two limited
situations--for citizens crossing U.S. land borders and traveling by
sea between the U.S., Canada, Mexico, the Caribbean or Bermuda. The
passport card is not designed to be a globally interoperable travel
document as defined by the International Civil Aviation Organization
(ICAO). Designing a card format passport for wide use, including by air
travelers, would inadvertently undercut the broad based international
effort to strengthen civil aviation security and travel document
specifications to address the post 9/11 threat environment. Moreover,
in its recent consideration of the FY 2007 Appropriations Act for the
Department of Homeland Security, the Congress, while allowing for the
use of the passport card by citizens traveling by sea between the U.S.,
Canada, Mexico, the Caribbean or Bermuda, did not make parallel changes
regarding international air travel.
DATES: The Department of State will accept comments from the public up
to December 18, 2006.
ADDRESSES: You may submit comments, identified by any of the following
methods:
Mail (paper, disk, or CD-ROM submissions): Comments by
mail are to be addressed to the Office of Passport Policy, Planning and
Advisory Services, Bureau of Consular Affairs, U.S. Department of
State, 2100 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037.
Internet: Comments by Internet are to be sent to http://www.regulations.gov/index.cfm.
This notice can also be viewed from this
Internet address.
Instructions: All submissions must include the agency name
and docket number. All comments will be posted without change to http://www.regulations.gov
, including any personal information sent with each
comment.
FOR FURTHER INFORMATION CONTACT: Consuelo Pachon, Office of Passport
Policy, Planning and Advisory Services, Bureau of Consular Affairs,
2100 Pennsylvania Avenue, NW., Suite 3000, Washington, DC, telephone
number 202-663-2431.
SUPPLEMENTARY INFORMATION: The U.S. passport is the premier document
for international travel by U.S. citizens and nationals because of its
security features, professional adjudication, name checking
conventions, and interoperability with global machine-readable
passports and Electronic Passport (ePassport) standards. Pursuant to 22
U.S.C. 211(a), the Secretary of State is charged with granting and
issuing U.S. passports. Consular officers of the Department of State
utilize information in the passport books when evaluating applications
for replacement passports and determining eligibility for overseas
citizens services. DHS and Customs and Border Protection (CBP) also
utilize this information in determining citizenship and identity at
ports of entry.
Many U.S. citizens are expected to apply for U.S. passports to
fulfill the document requirement of the WHTI program under Section 7209
of IRTPA. Passport Services is committed to meeting the increased
demand. Passport Services has seen an increase in passport demand from
a base level of seven million passports in 2003 to an expected total of
12-12.5 million in fiscal year 2006. Demand for passports is forecast
to continue to increase to 16 million or more in FY-2007 and
thereafter. However, the Department of State recognizes that there are
circumstances where, due to reasons of both cost and ease of use, the
traditional book-style U.S. passport may not be the optimal solution
for international travelers along the northern and southern land
borders of the U.S., or international sea travel between the U.S.,
Canada, Mexico, the Caribbean, and Bermuda. Therefore, the Department
of State, in consultation with the DHS, is proposing an alternative
format passport specifically designed for international land and sea
travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda.
The Card Format Passport
The term ``passport'' means any travel document issued by the
competent authority of a sovereign nation showing the bearer's identity
and nationality that is deemed valid for the entry of the bearer into a
foreign country. 22 U.S.C. 211(a) provides that the Secretary of State
has the authority to issue passports for the U.S.
Executive Order No. 11295 of August 5, 1966, 31 FR 10603, provides
that the Secretary of State is designated and empowered to exercise the
authority of the President to designate and prescribe rules governing
the granting, issuing, and verifying of passports. 22 U.S.C. 2705
provides that a valid passport, if valid for the maximum period
permitted by law, has the same force and effect as proof of citizenship
as a certificate of naturalization or certificate of citizenship. Under
this proposed rule, passport cards, like passport books, would be
issued for a ten-year validity period for U.S. citizens sixteen years
old and older, and for a five-year validity period for U.S. citizens
less than 16 years of age. The Department of State proposes to utilize
the same application procedures and adjudication standards for the
passport book and card and to permit U.S. citizens to hold both a
passport book and card simultaneously. In addition, if a passport
applicant holds a valid passport book, the applicant may apply for a
passport card as a ``renewal'' and pay the lower renewal fee rate.
Because 22 U.S.C. 211(a) does not prescribe limitations on the
format of a passport, the Secretary of State proposes to issue a card
format for the passport, herein after referred to as the ``passport
card,'' for international land and sea travel between the U.S., Canada,
Mexico, the Caribbean, and Bermuda. The passport card will show the
bearer's origin, identity, and nationality and will be subject to
existing passport statutes. As with the passport book, the passport
card will be issued only to those owing
[[Page 60930]]
allegiance to the U.S.\4\ and will require a written application and
oath for first time applicants.\5\ There is precedence for limited use
passports. For example, The Department of State issues passports only
for one time use to allow the traveler to return to the U.S.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 212.
\5\ 22 U.S.C. 213.
---------------------------------------------------------------------------
The passport card is designed specifically to address the needs and
travel patterns of those who live in land border communities and
frequently cross the border in their day-to-day activities. The
technical architecture of the passport card is designed to address the
operational needs of pedestrian and vehicular traffic in the land
border environment, and international sea travel as discussed herein,
but not the operational needs of inspection at airports. Moreover, the
passport card is intended not only to enhance security efforts for
international land and sea travel between the U.S., Canada, Mexico, the
Caribbean, and Bermuda, but is also intended to assist DHS in
expediting the movement of legitimate travel within the Western
Hemisphere.
In particular, the land border presents complex operational
challenges, in that a tremendous amount of traffic must be processed in
a short amount of time. There are often several passengers in a
vehicle, and multiple vehicles arriving at one time at each land border
port-of-entry. Many of the people encountered crossing at the land
border ports of entry are frequent crossers. However, CBP does not
receive advance information on these land border travelers. For these
reasons, the Department of State, in consultation with DHS, agreed to
develop a technology-based solution.
The passport card is designed and authorized for international land
and sea travel between the U.S., Canada, Mexico, the Caribbean, and
Bermuda and will not be a globally interoperable document. Therefore,
the ICAO standards and recommendations for globally interoperable
passports would not apply to passport cards. The passport card will be
a highly secure document with many features consistent with ICAO 9303
Part 3 definitions of TD-1 specifications. It will use a full facial
image printed on the card as the biometric identifier in conformity
with ICAO standards for ePassport images and utilize the international
standard for Machine Readable Zone (MRZ) encryption.
The data printed on the face of the passport card will be the same
as that currently shown on the data page of the U.S. passport--bearer's
facial image, full name, date and place of birth, passport card number,
dates of validity and issuing authority. The reverse side of the
passport card will carry a machine-readable zone and notation that the
card is valid only for international land and sea travel between the
U.S., Canada, Mexico, the Caribbean, and Bermuda. In addition, each
passport card will utilize Radio Frequency (RF) technology to store and
transmit only a unique reference number that will serve as a link to
information safeguarded in a secure database managed by CBP. This
reference number will be assigned by Department of State at the time
the passport card is issued and no personal or biographic information
will be stored or transmitted using Radio Frequency (RF) technology.
Presenting the passport card will allow the linked information to be
retrieved from the secure DHS database to allow the CBP officer to
compare the citizen presenting him or herself for entry into the U.S.
with the original issuance record to ensure that it is the same person.
This database could include additional information, for example,
information about the bearer's membership in one of CBP's international
trusted traveler programs, NEXUS, SENTRI, or FAST.
Technology Considered for the Passport Card
The Department of State, in consultation with the DHS, has sought
both to ensure the privacy of U.S. citizens' personal information and
to facilitate the travel of U.S. citizens in connection with the
operational requirements for security and facilitation of travel at
especially at land border ports of entry. After reviewing a number of
options to provide the CBP officer with appropriate personal
information to facilitate the processing of travelers, we believe that
the most promising technology is Radio Frequency (RF) technology. This
technology utilizes a passive chip deriving its power from the reader
that communicates with it. We focused on RF vicinity read (GEN 2)
technology and RF proximity read technology.
RF Vicinity Read (GEN-2) Technology
RF vicinity read technology conforms to International Standards
Organization (ISO) 18000 6-C specifications. Vicinity read technology
would allow the passport card data to be read at a distance of up to 20
feet from the reader. The vicinity read chip would contain only a
unique reference number that will serve as a link to information
safeguarded in a secure database managed by CBP. In addition to having
commercial applications, vicinity-read technology is currently being
used in a number of DHS programs. Operationally, it has similarities to
CBP land border international trusted traveler programs of NEXUS,
SENTRI, and FAST, and DHS's pilot electronic I-94 program currently in
place at several land border crossings in that it will only store and
transmit a unique reference number and no personal or biographic
information. Vicinity read technology is similar to that used in
highway toll systems throughout the U.S. From an operational sense,
this technology would allow passengers approaching a land crossing in
vehicles to present the passport card to the reader easily from within
the vehicle and these readers could process information from up to
eight cards at one time.
In addition, the use of vicinity technology would provide
information to border security personnel further in advance of a
traveler's arrival at an inspection booth, facilitate a faster
processing of individuals, and provide more opportunities to leverage
existing technologies, including programs such as CBP's Trusted
Traveler programs NEXUS, FAST, and SENTRI and use of the electronic I-
94.
RF Proximity Read Technology
RF proximity read technology conforms to International Standards
Organization (ISO) 14443 specifications. In addition to having
commercial applications, RF proximity read technology is currently
being used in the production of the U.S. ePassport, as well as
ePassports of those nations participating in the Visa Waiver Program.
The ISO 14443 specification requires the proximity chip to be read
within approximately four inches of the reader. Similar to the vicinity
RF read technology described above, the RF proximity read chip would
contain only a unique reference number to be used as a pointer to a
secure database managed by CBP. From an operational sense, this
technology would require passengers approaching a land crossing in
vehicles to present the passport card in close proximity to the reader
outside the vehicle and these readers could process information from a
small number of cards at a time.
The Passport Card Technology Selection
DHS selected RF vicinity read technology for its border management
system. To ensure compatibility and interoperability with the DHS
border management system, and to secure significant travel facilitation
advantages, the Department of State proposes to produce the passport
card utilizing RF vicinity read technology. The selection of vicinity
read technology for the
[[Page 60931]]
passport card was made in an effort to ensure a seamless operational
environment with DHS, and provides the infrastructure support to
strengthen our national security at U.S. land borders. The Department
of State proposes to produce the card and deliver them with a thin
protective sleeve, which is designed to protect the card from
unauthorized access. The card could be stored in the sleeve and removed
only when needed.
The Department of State solicits comments on the selection of RF
vicinity read technology for the passport card.
Obtaining the Passport Card
Both the passport card and the traditional passport book will be
issued on the basis of the same documentary requirements: Application
forms (DS-11 and DS-82), and adjudication standards for establishing
citizenship and identity. Building on existing infrastructure, the
Department of State will acquire the capability to produce the passport
card, while concurrently increasing capacity to produce traditional
passport books.
The U.S. Postal Service (USPS), and other designated local
government entities, partner with the Department of State in serving as
acceptance agencies for passport applications. Currently there are over
7,500 designated post offices and other passport acceptance facilities
nation-wide. Since the passport book and card will be processed using
the same infrastructure and same procedures prior to production of the
travel document itself, applicants will be able to submit applications
for passport cards through the network of passport acceptance agents.
The anticipated turn-around time for processing would be the same for
both the passport book and card. Citizens outside the U.S. will be able
to apply for the passport card at U.S. embassies or consulates abroad;
however, all passport cards will be produced in the U.S.
U.S. citizens will be able to hold both a passport card and a
traditional passport book concurrently. In addition, applications for a
passport book and card can be processed at the same time, using the
same form, photograph and supporting documentation. Further, where the
application is made for both the passport book and card, only one
execution fee will be assessed. Adult applicants with valid passports
may apply for passport cards as renewals, using form DS-82 (Passport
Applications by Mail), which do not require personal appearance or
execution of the passport application form. Details regarding
application procedures will be made available at the time the revised
passport applications are available. Like other full validity
passports, one can apply for the passport card at embassies and
consulates abroad. Passport cards applied for abroad will be delivered
in the same manner as passport books are delivered abroad. Passport
cards will not be issued abroad.
The fee for the passport book and passport card is determined based
on a cost of service analysis, consistent with OMB Circular A-25, User
Charges, to recover the costs of the services when a specific
beneficiary can be identified. In March 2006, Consular Affairs
contracted with an independent third party to review the last cost of
service study for passports (CY 2004), in light of WHTI, and the
increase in workload to enable the Department of State to determine
several fees including:
The cost for the new card-format passport, and
Whether the cost of the passport book could be reduced.
Application Fee for the Passport Card
Based on the recommendation of the independent third party, an
application fee of $20.00 is proposed for passport cards issued to
adults (age 16 and up), valid for ten years. A fee of $10.00 is
proposed for passport cards issued to minors (under age 16), valid for
five years. The basis of the passport card application fees is the
direct costs of producing passport cards, the card stock, technology,
adjudicating the application, printing the biographic information on
the card, and priority mail return of the card. Applicants will also be
required to pay the execution and expedite fees, if applicable. The
execution fee for persons seeking to apply for a passport card and
passport book will be $25.
Execution Fee
Certain applicants are required to execute the application DS-11 in
the presence of a passport acceptance agent, passport specialist, or
consular officer overseas. Therefore, the Department of State
separately reviewed the cost factors for the execution of passport
applications. By far, the largest number of first time passport
applications are made by those who appear in person at local USPS or
government offices, most often county clerks or clerks of the court.
The fee is retained by these designated passport acceptance facilities
to cover their costs of providing this service.
First time adult passport applicants and all minors under age 16
are required to apply in person. Adults applying for replacement
passports that have been lost, stolen or mutilated are also required to
appear in person, as are those holding expired passports issued more
than 15 years previously, or when the bearer was a minor.
The execution fee was set at $30.00 for each application during the
last cost of service study. Based on an internal review of our cost of
service, and information from the USPS, the Department of State is
proposing to reduce the execution fee to $25.00. All fees will be
subject to periodic review in the course of the Bureau of Consular
Affairs comprehensive cost of service studies to account for
operational changes, technological advances and economies of scale.
Application for Both Passport Book and Card
As noted above, a U.S. citizen will be able to apply for both a
passport book and passport card in the same application. The execution
fee will be assessed only once, although a separate application fee
will be assessed for each type of passport.
Regulatory Findings
Administrative Procedure Act
In accordance with provisions of the Administrative Procedure Act
governing rules promulgated by federal agencies that affect the public
(5 U.S.C. 552), the Department of State is publishing this proposed
rule and inviting 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 rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule does not involve a mandate that will 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
[[Page 60932]]
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.
Executive Order 12866
The Department of State has reviewed this proposed rule to ensure
its consistency with the regulatory philosophy and principles set forth
in Executive Order 12866. The Department does not consider the proposed
rule to be an economically significant regulatory action within the
scope of section 3(f)(1) of the Executive Order since it is not likely
to have an annual effect on the economy of $100 million or more or to
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. However, the proposed rule does have important policy
implications. Accordingly, it has been provided to the Office of
Management and Budget (OMB) for review.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects
22 CFR Part 22
Passports and visas.
22 CFR Part 51
Administrative practice and procedure, Drug traffic control,
Passports and visas, reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, 22 CFR
Parts 22 and 51 are proposed to be amended as follows:
PART 22--[AMENDED]
1. The authority citation for part 22 continues to read as follows:
Authority: 8 U.S.C. 1153 note, 1351; 10 U.S.C. 2602(c); 22
U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; Public
Law 105-277, 112 Stat. 2681 et seq.; Public Law 108-447; E.O. 10718,
22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603,
3 CFR, 1966-1970 Comp., p. 570.
2. Revise Sec. 22.1 to read as follows:
Sec. 22.1 Schedule of fees.
The following table sets forth the changes to the U.S. Department
of State's Schedule of Fees for Consular Services:
Schedule of Fees for Consular Services
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
Passport and Citizenship Services
1. Passport Execution: Required for first-time applicants $25
and others who must apply in person [01--Passport
Execution]................................................
* * * * * * *
9. Passport Card Application Services for:
(a) Applicants age 16 or over (including renewals) $20
[Adult Passport Card].................................
(b) Applicants under age 16 [Minor Passport Card]...... $10
(Item no. 10 vacant.).................................. ...........
* * * * * * *
------------------------------------------------------------------------
PART 51--PASSPORTS
3. The authority citation for part 51 continues to read as follows:
Authority: 22 U.S.C. 211a, 213, 2651a, 2671(d)(3), 2714 and
3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570;
sec. 236, Public Law 106-113, 113 stat. 1501A-430; 18 U.S.C. 1621
(a)(2).
4. Amend Sec. 51.3 by adding a new paragraph (d) as follows:
Sec. 51.3 Types of passports.
* * * * *
(d) Passport card. A passport card is valid for departure from and
entry to the U.S. through land and sea ports of entry between the U.S.
and Mexico, Canada, or the Caribbean and Bermuda. It is not a globally
interoperable international travel document.
5. The heading of Sec. 51.4 (b) is revised to read as follows:
Sec. 51.4 Validity of passports.
* * * * *
(b) Period of validity of a regular passport and a card format
passport. * * *
* * * * *
6. The introductory paragraph of Sec. 51. 61 and the first
sentence of Sec. 51.61(a) are revised to read as follows:
Sec. 51.61 Passport fees.
Fees, including execution fees, shall be collected for the
following passport services in the amounts prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1)
(a) A fee for each passport application filed, for both book and
card format passports, which fee shall vary depending on the age of the
applicant. * * *
* * * * *
Dated: October 6, 2006.
Wanda Nesbitt,
Principal Deputy Assistant Secretary for Consular Affairs, Department
of State.
[FR Doc. E6-17237 Filed 10-16-06; 8:45 am]
BILLING CODE 4710-06-P