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[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Rules and Regulations]
[Pages 27856-27857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11687]

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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice: 9133]
RIN 1400-AD83

Passports: Official Passports for Officials or Employees of 
State, Local, Tribal or Territorial Governments Traveling Abroad and 
Carrying Out Official Duties in Support of the U.S. Government

AGENCY: Department of State.

ACTION: Interim final rule.

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SUMMARY: This rule amends the passport rules for the Department of 
State to authorize issuing an official passport to 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.

DATES: This rule is effective May 15, 2015.
    The Department of State will accept comments until July 14, 2015.

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-
AD83, Alice Kottmyer, Attorney-Adviser, Office of the Legal Adviser (L/
M), U.S. Department of State, Room 4325, 2201 C Street NW., Washington, 
DC 20520.
     Email: kottmyeram@state.gov.
     Persons with access to the Internet may view this rule and 
submit comments by going to www.regulations.gov, and searching for the 
rule by its RIN, 1400-AD83.

FOR FURTHER INFORMATION CONTACT: Alice Kottmyer, Attorney-Adviser, 
kottmyeram@state.gov, 202-647-2318.

SUPPLEMENTARY INFORMATION: 22 CFR 51.3(b) provides that an ``official 
passport'' may be issued to: An official or employee of the U.S. 
government traveling abroad to carry out official duties; spouses and 
family members of such persons; and, when authorized by the Department 
of State, U.S. government contractors traveling abroad to carry out 
official duties on behalf of the U.S. government.
    Increasingly, the federal government utilizes officials or 
employees of state, local, tribal, and territorial governments in 
support of federal activities, both domestically and overseas, such as 
the Federal Bureau of Investigation's Joint Terrorism Task Force. When 
required to travel internationally in support of such federal 
activities, these individuals are not currently eligible for official 
passports. Issuance of an official passport to such individuals 
signifies to foreign governments that they are carrying out official 
duties in support of the U.S. government. The activities undertaken by 
these officials are often of pressing national security, law 
enforcement, or humanitarian importance and occur with little advance 
notice. It is in the U.S. government's interest to provide these 
individuals the travel documents necessary to allow them to travel in a 
timely manner.
    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. The 
Department is amending section 51.3(b) of 22 CFR to authorize issuing 
official passports to 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.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as an interim 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 
the necessary travel documents to these individuals to allow them to 
travel in support of U.S. government interests provides a compelling 
justification for immediate approval of this rule. Therefore, this rule 
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. 605(b), has reviewed this rule and, by

[[Page 27857]]

approving it, certifies that the rule 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 Orders 12866 and 13563

    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. The Department has reviewed this 
rule to ensure its consistency with the regulatory philosophy and 
principles set forth in the Executive Orders.

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.

List of Subjects in 22 CFR Part 51

    Passports.

    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. Revise paragraph (b) of Sec.  51.3 to read as follows:

Sec.  51.3  Types of passports.

* * * * *
    (b) Official passport. When authorized by the Department, an 
official passport may be issued to:
    (1) An official 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 contractor traveling abroad to carry out 
official duties on behalf of the U.S. government; or
    (3) 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.
* * * * *

Patrick F. Kennedy,
Undersecretary For Management.
[FR Doc. 2015-11687 Filed 5-14-15; 8:45 am]
 BILLING CODE 4710-24-P
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