47726 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Rules and Regulations 

1A final rule reorganizing and updating the 

regulations relating to passports, and which 

incorporated the interim final rule redefining 

expedited passport processing, was published at 72 

FR 64930 (Nov. 19, 2007). As a result of the 

reorganization implemented by that rule, the 

regulation affected by this final rule is now at 22 

CFR 51.56(b). 

(b) Sponsors. See Nos. 068727 and 

068882 in § 510.600(c) of this chapter. 

* * * * * 

Dated: September 14, 2009. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E9–22384 Filed 9–16–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF STATE 

22 CFR Parts 22 and 51 

[Public Notice 6650] 

RIN 1400–AC39 

Passport Procedures—Amendment to 

Expedited Passport Processing 

Regulation 

AGENCY: Bureau of Consular Affairs, 

State Department. 

ACTION: Final Rule. 

SUMMARY: This rule revises the 

expedited passport process and changes 

the definition of expedited passport 

processing from three business days, 

beginning when the application arrives 

at a passport agency or when the request 

for expedited processing is approved, to 

the number of business days published 

on the Department’s Web site at 

http://www.travel.state.gov. This change 

ensures that the Department can 

continue to offer this service consistent 

with its regulations while maintaining 

sufficient flexibility to adapt to 

fluctuations in passport demand. It also 

ensures that the public can easily 

determine the current standards for 

expedited passport processing. 

DATES: September 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Susan M. Bozinko, 

Bureau of Consular Affairs, Passport 

Services, Division of Legal Affairs, U.S. 

Department of State, Washington, DC 

20037 or e-mailed at 

BozinkoSM@state.gov. 

SUPPLEMENTARY INFORMATION: The 

Department published an interim final 

rule, Public Notice 5888, Vol. 72 

Federal Register No. 158, amending 

Parts 22 and 51 of Title 22 of the Code 

of Federal Regulations, along with a 

request for comments. The interim final 

rule was implemented to change the 

definition of expedited passport 

processing. The Department’s reasons 

for implementing the change were 

discussed in detail in the interim final 

rule. This final rule is unchanged from 

the interim final rule. Further, this final 

rule makes a conforming amendment to 

the Schedule of Fees for Consular 

Services to reflect a change to the 

regulation affected by this rule.1

Analysis of Comments 

Eight comments were submitted in 

response to the request for comments. 

Two were unsolicited business offers 

and one was a test e-mail to ascertain 

the accessibility of the e-mailbox being 

used. Five were substantive comments, 

including comments submitted by the 

American Immigration Lawyers 

Association (AILA). 

Notice to the Public 

Three individuals expressed concern 

that the publication of the expedited 

passport processing standard on the 

Department’s Web site would not 

provide sufficient notice of the standard 

to the public. 

The Department indicates on its Web 

site the date on which any change to the 

number of business days constituting 

expedited passport processing becomes 

effective. Moreover, the number of 

business days that constitutes expedited 

passport processing is a matter of policy 

determined by the Department. Under 5 

U.S.C. 553(b), statements of general 

agency policy are not subject to the 

requirement of notice and comment 

rulemaking. Thus, any modifications of 

the policy regarding what constitutes 

expedited passport processing, 

including changes to the number of 

business days that constitute expedited 

processing, are not subject to notice and 

comment rulemaking. 

While one commenter felt that the 

link to processing times was too 

difficult to locate, it should be noted 

that the link appears at the top of the 

home page for passport information and 

as such, is readily accessible to anyone 

seeking information on U.S. passports. 

In fact, the http://www.travel.state.gov 

Web site was designed with ease of use 

for the public as a primary goal. The 

Department believes the current Web 

site design is sufficient to meet the 

public’s needs. 

Nature of Service 

Two commenters stated that Web site 

publication of the expedited processing 

standard raised the possibility that 

applicants paying the expedite fee 

would not receive the same service and 

that they would not be able to quickly 

obtain a passport in case of emergency. 

Applicants who request expedited 

service and pay the expedited 

processing fee can expect to receive 

expedited processing within the context 

of circumstances affecting passport 

application processing times. Changes 

to the expedited processing time 

published on the Web site are intended 

to reflect those circumstances. In 

addition, citizens in emergency 

situations have always been and 

continue to be a priority to the 

Department. Applicants with urgent 

travel needs may apply for expedited 

processing either by mail or in person 

at a passport agency. 

Refunds 

One commenter suggested that the 

Department should provide a waiver of 

the expedited processing fee or a refund 

for failure to process expedited passport 

applications within the time published 

on the Department’s Web site. The 

Department’s regulations at 22 CFR 

51.53 already provide for a refund of the 

expedited processing fee in cases where 

the Department does not provide 

expedited processing as defined in 22 

CFR 51.56. Applicants seeking such a 

refund of the expedite fee must submit 

a written refund request to the 

Department. Such requests may be 

submitted to the Department by mail at 

the address provided on the 

Department’s Web site, http:// 

www.travel.state.gov, or by e-mail at the 

address provided on http:// 

www.travel.state.gov. A link to the 

Department’s e-mail portal for expedite 

fee refund requests is included on the 

Web site. 

Procedural Issues 

One commenter said the interim final 

rule was procedurally deficient because 

it sought to incorporate by reference 

information from the Department’s Web 

site in the regulation. The commenter 

objected to the Department’s alleged 

failure to follow the procedure for 

incorporation by reference. However, 

the rules applying to incorporation by 

reference—contained in 1 CFR Part 51, 

which implements 5 U.S.C. 552 (see the 

paragraph following 5 U.S.C. 

552(a)(1)(E))—normally apply when a 

rule imposes a burden or regulatory 

standard on the public. This rule does 

not regulate the public; rather, it sets the 

standard for agency conduct. For this 

reason, the procedures relating to 

incorporation by reference do not apply 

to this rule. 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Rules and Regulations 47727 

Regulatory Findings 

Administrative Procedure Act 

The Department published this rule as 

an interim final rule, with a 60-day 

provision for post-promulgation public 

comments. The comment period closed 

on October 15, 2007. 

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 is 

not expected to have a significant 

economic impact on a substantial 

number of small entities because only 

individuals can apply for passports. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement Act of 

1996. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of the U.S.-based 

companies to compete with foreign 

based companies in domestic and 

import markets. 

Executive Order 12866 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f). In addition, 

the Department is exempt from 

Executive Order 12866 except to the 

extent that it is promulgating 

regulations, in conjunction with a 

domestic agency, that are significant 

regulatory actions. The Department has 

nevertheless reviewed the regulation to 

ensure its consistency with the 

regulatory and philosophy and 

principles set forth in Executive Order 

12866. 

OMB does not consider this rule to be 

a ‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f). 

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. 35. 

List of Subjects 

22 CFR Part 22 

Consular services, Fees, Passports and 

Visas. 

22 CFR Part 51 

Administrative practice and 

procedure, Drug traffic control, 

Passports and Visas. 

■ Accordingly, for the reasons set forth 

above, Title 22, Parts 22 and 51 are 

amended as follows: 

PART 22—SCHEDULE OF FEES FOR 

CONSULAR SERVICES— 

DEPARTMENT OF STATE AND 

FOREIGN SERVICES 

■ 1. The authority citation for Part 22 

continues to read as follows: 

Authority: 8 U.S.C. 1153 note, 1351, 1351 

note; 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, 118 Stat. 2809 et 

seq.; 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. Section 22.1 is amended by revising 

entry 3 of the table to read as follows: 

§ 22.1 Schedule of Fees 

* * * * * 

SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee 

Passport and Citizenship Services 

* * * * * * * 

3. Expedited Service: Passport processing within expedited processing period published on the Department’s Web site (22 CFR 

51.56(b)) (not applicable abroad) ........................................................................................................................................................ $60 

* * * * * * * 

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); 42 U.S.C. 

652, as amended by Sec. 370 Public Law 

104–193 and Sec. 7303 Public Law 109–171. 

■ 4. Section 51.56(b) is revised to read 

as follows: 

§ 51.56 Expedited passport processing. 

* * * * * 

(b) Expedited passport processing 

shall mean completing processing 

within the number of business days 

published on the Department’s Web site, 

http://www.travel.state.gov, 

commencing when the application 

reaches a Passport Agency or, if the 

application is already with a Passport 

Agency, commencing when the request 

for expedited processing is approved. 

The processing will be considered 

completed when the passport is ready to 

be picked up by the applicant or is 

mailed to the applicant, or a letter of 

passport denial is transmitted to the 

applicant. 

* * * * * 

Dated: September 9, 2009. 

Janice L. Jacobs, 

Assistant Secretary, Bureau of Consular 

Affairs, Department of State. 

[FR Doc. E9–22417 Filed 9–16–09; 8:45 am] 

BILLING CODE 4710–06–P 


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