Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Proposed Rules 10095 

Such corrosion may lead to subsequent 

fatigue cracking of the parts affected, 

reducing the aircraft structural integrity, 

which may in turn lead to structural failure 

and/or loss of some control surface. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within the next 30 days or 100 hours 

time-in-service after the effective date of this 

AD, whichever occurs first, carry out a 

general visual inspection (GVI) for corrosion 

at the regions of the Wings-to-Fuselage 

attachments, Vertical Stabilizer to Fuselage 

attachments, Rib 1 Half-wing, and Passenger 

Seat Tracks, according to Parts I, II, and III 

of the Embraer—Empresa Brasileira de 

Aeronutica S.A. (EMBRAER) Service Bulletin 

S.B. No.: 110–00–0007, dated May 10, 2006. 

(i) All structures found corroded or cracked 

as a result of the inspections conducted 

above, must be addressed prior to further 

flight in accordance with detailed 

instructions and procedures described in 

EMBRAER Service Bulletin S.B. No.: 110–

00–0007, dated May 10, 2006. 

(ii) Previous accomplishment of the 

EMBRAER Alert Service Bulletin S.B. No.: 

110–00–A007, dated March 6, 2006, or the 

implementation of the tasks above, required 

by section VI of the Maintenance Planning 

Guides TP 110P2/145, PM 110/652, or PM 

110/165, are considered acceptable methods 

of compliance with the requirements of (f)(1) 

of this AD. 

(2) Within the next 30 days after the 

effective date of this AD, accomplish Part IV 

of the EMBRAER Service Bulletin S.B. No.: 

110–00–0007, dated May 10, 2006. All 

structures found corroded or cracked as a 

result of the inspections conducted above, 

must be addressed prior to further flight in 

accordance with detailed instructions and 

procedures described in EMBRAER Service 

Bulletin S.B. No.: 110–00–0007, dated May 

10, 2006. 

(3) Within the next 12 months after the 

effective date of this AD, accomplish Part V 

of the EMBRAER Service Bulletin S.B. No.: 

110–00–0007, dated May 10, 2006. All 

structures found corroded or cracked as a 

result of the inspections conducted above, 

must be addressed prior to further flight in 

accordance with detailed instructions and 

procedures described in EMBRAER Service 

Bulletin S.B. No.: 110–00–0007, dated May 

10, 2006. 

Note 1: For the purpose of this AD a GVI 

is: ‘‘A visual examination of an interior or 

exterior area, installation or assembly to 

detect obvious damage, failure, or 

irregularity. This level of inspection is made 

from within touching distance, unless 

otherwise specified. A mirror may be 

necessary to enhance visual access to all 

exposed surfaces in the inspection area. This 

level of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or droplight; and may require removal or opening of 

access panels or doors. Stands, ladders, or 

platforms may be required to gain proximity 

to the area being checked.’’

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, ATTN: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et.seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI National Agency of Civil 

Aviation (ANAC) AD No.: 2006–10–01, dated 

October 25, 2006, EMBRAER Service Bulletin 

S.B. No.: 110–00–0007, dated May 10, 2006, 

and EMBRAER Alert Service Bulletin S.B. 

No.: 110–00–A007, dated March 6, 2006 for 

related information. 

Issued in Kansas City, Missouri, on March 

1, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–3987 Filed 3–6–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 51 

[Public Notice 5712] 

RIN 1400–AC28 

Passports 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The proposed rule would 

reorganize, restructure, and update the 

passport regulations contained in 22 

CFR part 51 in order to make them 

easier for the users to access the 

information, to better reflect current 

practices and changes in statutory 

authority, and to remove outdated 

provisions. 

DATE: The Department will accept 

comments on this proposed regulation 

until May 7, 2007. 

ADDRESSES: You may submit comments, 

identified by the following methods (no 

duplicates, please): 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/index.cfm. Follow 

the instructions for submitting 

comments. 

• Electronically: You may submit 

electronic comments to: 

Comments.22.CFR.Part_51.

update@state.gov. Attachments must be 

in Microsoft Word. 

• Mail (paper, disk, or CD–ROM 

submissions): Comments by mail should 

be addressed to: Director, Office of 

Passport Policy, Planning and Advisory 

Services, Bureau of Consular Affairs, 

2100 Pennsylvania Ave., NW., 3rd 

Floor, Washington, DC 20037, fax (202) 

663–2654. 

Instructions: All submissions must 

include the Regulatory Identification 

Number (RIN). 

FOR FURTHER INFORMATION CONTACT: 

Consuelo Pachon, Office of Passport 

Policy, (202) 663–2662. Hearing or 

speech-impaired persons may use the 

Telecommunications Devices for the 

Deaf (TDD) by contacting the Federal 

Information Relay Service at 1–800–

877–8339. 

SUPPLEMENTARY INFORMATION: The 

Department’s Bureau of Consular Affairs 

is proposing to update and amend its 

passport regulations in 22 CFR Part 51. 

Most of the current passport regulations 

in Part 51 of 22 CFR were issued in 

1966, although significant modifications 

have been made as needed. For 

example, in recent years the passport 

regulations have been amended to 

improve our ability to combat 

international parental child abduction 

by requiring that both parents consent to 

passport issuance to minors under age 

14 (with specified exceptions) and to 

enhance the security of the passport by 

introducing the electronic passport and 

eliminating passport amendments. Still, 

many of the current provisions in Part 

51 have not been revised in many years, 

and the Department believes it useful 

for them to be modernized and 

restructured in their entirety. 

Accordingly, this proposed rule 

reorganizes and updates existing 

passport regulations in order to make 

them easier for users to access the 

information, to better reflect current 

practice and changes in statutory 

authority, and to remove outdated 

provisions. In general, the proposed 

revisions do not mark a departure from 

current policy. Rather the Department’s 

intent is to bring greater clarity to 


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current passport policy and practice and 

to present it in a less cumbersome way. 

The more notable changes are discussed 

below. 

Passport Agents and Passport 

Acceptance Agents. Proposed §§ 51.1(e), 

51.1(f), and 51.22 include new 

provisions regarding passport agents 

and passport acceptance agents. They 

are intended to codify the definition of 

passport agents and passport acceptance 

agents and to clarify their qualifications 

and responsibilities, including the 

requirement that they be U.S. citizens. 

Change of Names on Passports. The 

revised § 51.25 (currently § 51.24) is 

intended to clarify what is required of 

an applicant whose name has changed 

and to reflect more accurately 

Department practice in this regard. 

Minors. The proposed rule in new 

§ 51.28 makes a number of changes to 

the current provisions in § 51.27 on 

Minors. The Department revised its 

passport regulations in 2001 to 

implement the provisions of 22 U.S.C. 

213n, requiring that both parents 

consent to the issuance of a passport to 

minor children under age 14. The 

Department further amended the 

regulations in 2004 to require that 

children under age 14 appear personally 

when applying for a passport. The 

proposed rule in § 51.28(a) would 

extend the two-parent consent and 

personal appearance requirements to 

minors under the age of 16. Raising the 

age requirement for parental consent to 

passport issuance to minors under 16 is 

intended to address the troubling issue 

of runaway children as well as 

abduction. The change is also consistent 

with the age requirements in the Hague 

Convention on the Civil Aspects of 

International Child Abduction and 

current passport regulations permitting 

issuance of a ten-year passport to 

minors age 16 and above. 

A proposed new § 51.28(a)(5)(ii) 

would amend the ‘‘special family 

circumstances’’ exceptions to the twoparent consent requirement to include 

situations in which return of a minor to 

the jurisdiction of his or her home state 

or habitual residence is necessary to 

permit a court of competent jurisdiction 

to determine custody matters. This 

change is intended to address the issue 

of children habitually resident in the 

United States who are, in effect, 

wrongfully stranded abroad when an 

abducting parent or his/her family holds 

current passports and/or refuses 

permission for issuance of 

replacements. The revision would also 

amend ‘‘special family circumstances’’

to include compelling humanitarian 

circumstances involving the health, 

safety or welfare of the minor and ease 

slightly the standard for ‘‘special family 

circumstances,’’ from the current very 

stringent ‘‘impossible’’ to ‘‘exceptionally 

difficult.’’

To further deal with the issue of 

runaway minors, proposed § 51.28(b) 

seeks to reaffirm in clearer language the 

authority of a passport authorizing 

officer to require a parent, guardian, or 

person in loco parentis to consent to the 

issuance of a passport for minors age 16 

and above. The proposed new 

§ 51.28(c)(4) clarifies the question of 

access by parents or guardians to 

passport records of minors. 

Denial, Revocation and Restriction of 

Passports: Proposed new § 51.60(b)(9) 

revises provisions on denial, revocation, 

and restriction of passports (currently 

§ 51.70) to permit the Department to 

deny a passport to applicants who are 

the subject of outstanding state or local 

warrants of arrest for a felony. Similarly, 

new § 51.60(d) would permit the 

Department to deny passport issuance 

when the Department has been 

informed by an appropriate foreign 

government authority or international 

organization that the applicant is the 

subject of a warrant of arrest for a 

felony. Providing the Department with 

such authority will enhance U.S. border 

security and law enforcement 

cooperation. Proposed new § 51.60(c) 

clarifies the Department’s authority to 

deny passport issuance to applicants 

who have not repaid repatriation and 

other emergency loans extended to them 

and/or members of their immediate 

family in a foreign country. This 

provision is intended to improve the 

Department’s ability to collect unpaid 

debts to the U.S. Government and to 

address the problem of dependents of 

U.S. citizens who are abandoned 

abroad. Proposed new § 51.60(e) would 

permit the Department to refuse to issue 

a passport to a wrongfully removed or 

retained minor, except a passport 

limited for direct return to the United 

States, when return of the minor to the 

jurisdiction of his or her home state or 

habitual residence is necessary to 

permit a court of competent jurisdiction 

to determine custody matters. This 

provision would enhance the 

Department’s efforts to protect children 

against international child abduction 

and to meet its treaty obligations in that 

regard. 

Because the Department is proposing 

to reorganize and renumber Part 51 in 

its entirety, including sections which 

have already been commented upon, we 

are inviting comments only on those 

changes which are new and for which 

an opportunity to comment has not been 

previously offered. For example, an 

opportunity to comment has been 

previously provided on provisions 

pertaining to the two-parent consent 

requirement, the requirement that 

minors appear personally to apply for a 

passport, the introduction of the 

electronic passport, the elimination of 

amendments to passports, and the 

security surcharge. Comments on these 

settled issues are not being solicited, 

except for the extension of the parental 

consent and personal appearance 

requirements to minors under age 16 

from the current age 14. 

On 10–17–2006, the Department 

published for comment a separate 

rulemaking to amend Part 51 to 

introduce the passport card in order to 

implement the Western Hemisphere 

Travel Initiative. The Department will 

fully consider the comments to the 

passport card proposal in the context of 

that separate rulemaking. The final rule 

pertaining to the passport card will be 

incorporated into this overall updating 

of Part 51. 

Regulatory Findings 

Administrative Procedure Act 

The Department is publishing this 

rule as a proposed rule, with 60 days for 

public comments and review. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

These proposed changes to the 

regulations are hereby certified as not 

expected to have a significant impact on 

a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act, 5 U.S.C. 301–612, and 

Executive Order 13272, section 3(b). 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This proposed rule is not a major rule, 

as defined by 5 U.S.C. 804, for purposes 

of congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

would not result in an annual effect on 

the economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign based companies in domestic 

and export markets. 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4, 109 Stat. 48, 2 U.S.C. 

1532 generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $120 million or more by 


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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Proposed Rules 10097 

State, local, or tribal governments, or by 

the private sector. This rule would not 

result in any such expenditure nor 

would it significantly or uniquely affect 

small governments. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation would not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor would the 

rule have federalism implications 

warranting the application of Executive 

Orders No. 12372 and No. 13132. 

Executive Order 12866: Regulatory 

Review 

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 and has 

determined that the benefits of the 

proposed regulation justify its costs. 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. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulations in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act of 1995 

Under the Paperwork Reduction Act 

of 1995 (PRA), 44 U.S.C. 3501 et seq., 

Federal agencies must obtain approval 

from OMB for each collection of 

information they conduct, sponsor, or 

require through regulation. The 

Department of State has determined that 

this proposal does not contain new 

collection of information requirements 

for the purposes of the PRA. 

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 revised to read as 

follows: 

PART 51—PASSPORTS 

Sec. 

51.1 Definitions. 

Subpart A—General 

51.2 Passport issued to nationals only. 

51.3 Types of passports. 

51.4 Validity of passports. 

51.5 Adjudication and issuance of 

passports. 

51.6 Verification of passports and release of 

information from passport records. 

51.7 Passport property of the U.S. 

Government. 

51.8 Submission of currently valid 

passport. 

51.9 Amendment of passports. 

51.10 Replacement passports. 

Subpart B—Application 

51.20 General. 

51.21 Execution of passport application. 

51.22 Passport agents and passport 

acceptance agents. 

51.23 Identity of applicant. 

51.24 Affidavit of identifying witness. 

51.25 Name of applicant to be used in 

passport. 

51.26 Photographs. 

51.27 Incompetents. 

51.28 Minors. 

Subpart C—Evidence of U.S. Citizenship or 

Nationality 

51.40 Burden of proof. 

51.41 Documentary evidence. 

51.42 Persons born in the United States 

applying for a passport for the first time. 

51.43 Persons born outside the United 

States applying for a passport for the first 

time. 

51.44 Proof of Resumption or Retention of 

U.S. citizenship. 

51.45 Department discretion to require 

evidence of U.S. citizenship or noncitizen nationality. 

51.46 Return or retention of evidence of 

U.S. citizenship or non-citizen 

nationality. 

Subpart D—Fees 

51.50 Form of payment. 

51.51 Passport fees. 

51.52 Exemption for payment of passport 

fees. 

51.53 Refunds. 

51.54 Replacement passports without 

payment of applicable fees. 

51.55 Execution fee not refundable. 

51.56 Expedited passport processing. 

Subpart E—Denial, Revocation and 

Restriction of Passports 

51.60 Denial and restriction of passports. 

51.61 Denial of passports to certain 

convicted drug traffickers. 

51.62 Revocation or limitation of passports. 

51.63 Passports invalid for travel into or 

through restricted areas; prohibition on 

passports valid only for travel to Israel. 

51.64 Special validation of passports for 

travel to restricted areas. 

51.65 Notification of denial or revocation of 

passport. 

51.66 Surrender of passport. 

Subpart F—Procedures for Review of 

Certain Denials and Revocations 

51.70 Request for hearing to review certain 

denials and revocations. 

51.71 The hearing. 

51.72 Transcript and record of the hearing. 

51.73 Privacy of hearing. 

51.74 Final decision. 

Authority: 8 U.S.C. 1504; 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; 26 

U.S.C. 6039E; 31 U.S.C. 7701, 7901; 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; 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. 

§ 51.1 Definitions. 

The following definitions are 

applicable to this part: 

(a) Department means the United 

States Department of State. 

(b) Electronic passport means a 

passport containing an electronically 

readable device, an electronic chip 

encoded with the bearer’s personal 

information printed on the data page, a 

digitized version of the bearer’s 

photograph, a unique chip number, and 

a digital signature to protect the 

integrity of the stored information. 

(c) Minor means an unmarried, 

unemancipated person under 18 years 

of age. 

(d) Passport means a travel document 

regardless of format issued under the 

authority of the Secretary of State 

attesting to the identity and nationality 

of the bearer. 

(e) Passport acceptance agent means 

a U.S. citizen designated by the 

Department to accept passport 

applications and to administer oaths 

and affirmations in connection with 

such applications. 

(f) Passport agent means a U.S. citizen 

employee of the Department of State, 

including consular officers, diplomatic 

officers and consular agents abroad and 

such U.S. citizen Department of State 

employees as the Assistant Secretary for 

Consular Affairs may designate for the 

purpose of administering oaths and 

affirmations for passport applications. 

(g) Passport application means the 

application form for a United States 

passport, as prescribed by the 

Department pursuant to 22 U.S.C. 213 

and all documents, photographs, and 

statements submitted with the form or 

thereafter in support of the application. 

(h) Passport authorizing officer means 

a U.S. citizen employee who is 

authorized by the Department to 

approve the issuance of passports, 

(i) Secretary means the Secretary of 

State. 


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(j) United States when used in a 

geographical sense, means the 

continental United States, Alaska, 

Hawaii, Puerto Rico, Guam, and the 

Virgin Islands of the United States. 

(k) U.S. citizen means a person who 

acquired U.S. citizenship at birth or 

upon naturalization as provided by law 

and who has not subsequently lost such 

citizenship. 

(l) U.S. national means a U.S. citizen 

or a U.S. non-citizen national. 

(m) U.S. non-citizen national means a 

person on whom U.S. nationality, but 

not U.S. citizenship, has been conferred 

at birth under 8 U.S.C. 1408, or under 

other law or treaty, and who has not 

subsequently lost such non-citizen 

nationality. 

Subpart A—General 

§ 51.2 Passport issued to nationals only. 

(a) A passport may be issued only to 

a U.S. national. 

(b) Unless authorized by the 

Department, no person may bear more 

than one valid passport of the same 

type. 

§ 51.3 Types of passports. 

(a) Regular passport. A regular 

passport is issued to a national of the 

United States. 

(b) Official passport. An official 

passport is issued to an official or 

employee of the U.S. Government 

traveling abroad to carry out official 

duties. When authorized by the 

Department, spouses and family 

members of such persons may be issued 

official passports. When authorized by 

the Department, an official passport may 

be issued to a U.S. government 

contractor traveling abroad to carry out 

official duties on behalf of the U.S. 

government. 

(c) Diplomatic passport. A diplomatic 

passport is issued to a Foreign Service 

officer or to a person having diplomatic 

status or comparable status because he 

or she is traveling abroad to carry out 

diplomatic duties on behalf of the U.S. 

Government. When authorized by the 

Department, spouses and family 

members of such persons may be issued 

diplomatic passports. When authorized 

by the Department, a diplomatic 

passport may be issued to a U.S. 

Government contractor if the contractor 

meets the eligibility requirements for a 

diplomatic passport and the diplomatic 

passport is necessary to complete his or 

her mission. 

§ 51.4 Validity of passports. 

(a) Signature of bearer. A passport is 

valid only when signed by the bearer in 

the space designated for signature, or, if 

the bearer is unable to sign, signed by 

a person with legal authority to sign on 

his or her behalf. 

(b) Period of validity of a regular 

passport. 

(1) A regular passport issued to an 

applicant 16 years of age or older is 

valid for 10 years from date of issue 

unless the Department limits the 

validity period to a shorter period. 

(2) A regular passport issued to an 

applicant under 16 years of age is valid 

for five years from date of issue unless 

the Department limits the validity 

period to a shorter period. 

(3) A regular passport for which 

payment of the fee has been excused is 

valid for a period of 5 years from the 

date issued unless limited by the 

Department to a shorter period. 

(c) Period of validity of an official 

passport. The period of validity of an 

official passport, unless limited by the 

Department to a shorter period, is five 

years from the date of issue, or so long 

as the bearer maintains his or her 

official status, whichever is shorter. An 

official passport which has not expired 

must be returned to the Department 

upon the termination of the bearer’s 

official status or at such other time as 

the Department may determine. 

(d) Period of validity of a diplomatic 

passport. The period of validity of a 

diplomatic passport, unless limited by 

the Department to a shorter period, is 

five years from the date of issue, or so 

long as the bearer maintains his or her 

diplomatic status, whichever is shorter. 

A diplomatic passport which has not 

expired must be returned to the 

Department upon the termination of the 

bearer’s diplomatic status or at such 

other time as the Department may 

determine. 

(e) Limitation of validity. The validity 

period of any passport may be limited 

by the Department to less than the 

normal validity period. The bearer of a 

limited passport may apply for a new 

passport, using the proper application 

and submitting the limited passport, 

applicable fees, photographs, and 

additional documentation, if required, 

to support the issuance of a new 

passport. 

(f) Invalidity. A United States passport 

is invalid as soon as: 

(1) The Department has sent or 

personally delivered a written notice to 

the bearer stating that the passport has 

been revoked; or 

(2) The passport has been reported as 

lost or stolen to the Department, a U.S. 

passport agency or a diplomatic or 

consular post abroad and the 

Department has recorded the reported 

loss or theft; or 

(3) The Department has sent a written 

notice to the bearer that the passport has 

been invalidated because the 

Department has not received the 

applicable fees; or 

(4) The Department determines that 

the passport is no longer valid because 

it has been materially changed in 

physical appearance or composition, or 

contains a damaged, defective or 

otherwise nonfunctioning chip, or 

includes unauthorized changes, 

obliterations, entries or photographs, or 

has observable wear or tear that renders 

it unfit for use as a travel document and 

either takes possession of the passport 

or sends a written notice to the bearer. 

§ 51.5 Adjudication and issuance of 

passports. 

(a) A passport authorizing officer may 

adjudicate applications or authorize the 

issuance of passports. 

(b) A passport authorizing officer will 

examine the passport application and 

all documents, photographs and 

statements submitted in support of the 

application in accordance with 

guidance issued by the Department. 

§ 51.6 Verification of passports and 

release of information from passport 

records. 

(a) Verification. When required by a 

foreign government, a consular officer 

abroad may verify a U.S. passport. 

(b) Release of information. 

Information in passport records is 

subject to the provisions of the Freedom 

of Information Act (FOIA) and the 

Privacy Act. Release of this information 

may be requested in accordance with 

Part 171 or Part 172 of this title. 

§ 51.7 Passport property of the U.S. 

Government. 

(a) A passport at all times remains the 

property of the United States and must 

be returned to the U.S. Government 

upon demand. 

(b) Law enforcement authorities who 

take possession of a passport for use in 

an investigation or prosecution must 

return the passport to the Department 

on completion of the investigation and/ 

or prosecution. 

§ 51.8 Submission of currently valid 

passport. 

(a) When applying for a new passport, 

an applicant must submit for 

cancellation any currently valid 

passport of the same type. 

(b) If an applicant is unable to 

produce such a passport for 

cancellation, he or she must submit a 

signed statement in the form prescribed 

by the Department setting forth the 

circumstances regarding the disposition 

of the passport. 


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§ 51.9 Amendment of passports. 

Except for the convenience of the U.S. 

Government, no passport may be 

amended. 

§ 51.10 Replacement passports. 

A passport issuing office may issue a 

replacement passport without payment 

of applicable fees for the reasons 

specified in § 51.54. 

Subpart B—Application 

§ 51.20 General. 

(a) An application for a passport, a 

replacement passport, extra visa pages, 

or other passport related service must be 

completed using the forms the 

Department prescribes. 

(b) The passport applicant must 

truthfully answer all questions and must 

state every material matter of fact 

pertaining to his or her eligibility for a 

passport. All information and evidence 

submitted in connection with an 

application is considered part of the 

application. A person providing false 

information as part of a passport 

application, whether 

contemporaneously with the form or at 

any other time, is subject to prosecution 

under applicable Federal criminal 

statutes. 

§ 51.21 Execution of passport application. 

(a) Application by personal 

appearance. Except as provided in 

§ 51.28, to assist in establishing identity, 

a minor, a person who has never been 

issued a passport in his or her own 

name, a person who has not been issued 

a passport for the full validity period of 

10 years in his or her own name within 

15 years of the date of a new 

application, or a person who is 

otherwise not eligible to apply for a 

passport by mail under paragraphs (b) 

and (c) of this section, must apply for a 

passport by appearing in person before 

a passport agent or passport acceptance 

agent (see § 51.22). The applicant must 

verify the application by oath or 

affirmation before the passport 

acceptance agent, sign the completed 

application, provide photographs as 

prescribed by the Department, provide 

any other information or documents 

requested and pay the applicable fees 

prescribed in the Schedule of Fees for 

Consular Services (see 22 CFR 22.1). 

(b) Application by mail—persons in 

the United States. A person in the 

United States who previously has been 

issued a passport valid for 10 years in 

his or her own name may apply for a 

new passport by filling out, signing and 

mailing an application on the form 

prescribed by the Department if: 

(1) The most recently issued previous 

passport was issued when the applicant 

was 16 years of age or older; 

(2) The application is made not more 

than 15 years following the issue date of 

the previous passport; and 

(3) The most recently issued previous 

passport is submitted with the new 

application. 

The applicant must also provide 

photographs as prescribed by the 

Department and pay the applicable fees 

prescribed in the Schedule of Fees for 

Consular Services (22 CFR 22.1). 

(c) Application by mail—persons 

abroad. A person in a foreign country 

where the Department has authorized a 

post to receive passport applications by 

mail who previously has been issued a 

passport valid for 10 years in his or her 

own name may apply for a new passport 

in that country by filling out, signing 

and mailing an application on the form 

prescribed by the Department if: 

(1) The most recently issued previous 

passport was issued when the applicant 

was 16 years of age or older; 

(2) The application is made not more 

than 15 years following the issue date of 

the previous passport; and 

(3) The most recently issued previous 

passport is submitted with the new 

application. 

The applicant must also provide 

photographs as prescribed by the 

Department and pay the applicable fees 

prescribed in the Schedule of Fees for 

Consular Services (22 CFR 22.1). 

(d) Nothing in this Part shall prohibit 

or limit the Department from 

authorizing an overseas post to accept a 

passport application or applications by 

mail from persons outside the country 

or outside the person’s country of 

residence in circumstances which 

prevent provision of these services to 

the person where they are located or in 

other unusual circumstances as 

determined by the Department. 

§ 51.22 Passport agents and passport 

acceptance agents. 

(a) U.S. citizen Employees of the 

Department authorized to serve as 

passport agents. The following 

employees of the Department are 

authorized by virtue of their positions to 

serve as passport agents unless the 

Department in an individual case 

withdraws authorization: 

(1) A passport authorizing officer; 

(2) A consular officer, or a U.S. citizen 

consular agent abroad; 

(3) A diplomatic officer specifically 

authorized by the Department to accept 

passport applications; and 

(4) Such U.S. citizen Department of 

State employees as the Assistant 

Secretary for Consular Affairs may 

designate for the purpose of 

administering oaths and affirmations for 

passport applications. 

(b) Persons designated by the 

Department to serve as passport 

acceptance agents. When designated by 

the Department, the following persons 

are authorized to serve as passport 

acceptance agents unless the 

Department in an individual case 

withdraws authorization. 

(1) An employee of the clerk of any 

Federal court; 

(2) An employee of the clerk of any 

state court of record; 

(3) A postal employee at a United 

States post office that has been selected 

to accept passport applications; 

(4) An employee of the Department of 

Defense at a military installation that 

has been authorized to accept passport 

applications; 

(5) An employee of a federal agency 

that has been selected to accept passport 

applications; and 

(6) Any other person specifically 

designated by the Department. 

(c) Qualifications of persons 

designated by the Department to serve 

as passport acceptance agents. Before 

the Department will designate a person 

described in § 51.22(b) as a passport 

acceptance agent, his or her employer 

must certify that the person: 

(1) Is a U.S. citizen or a U.S. national; 

(2) Is 18 years of age or older; 

(3) Is a permanent employee, 

excluding ad hoc, contractual, and 

volunteer employees; and 

(4) Does not have a record of either: 

(i) A federal or state felony 

conviction; or 

(ii) A misdemeanor conviction for 

crimes involving moral turpitude or 

breach of trust, including but not 

limited to embezzlement, identity theft, 

misappropriation, document fraud, drug 

offenses, or dishonesty in carrying out a 

responsibility involving public trust. 

(d) Training. A passport acceptance 

agent described in § 51.22(b) must be 

trained to apply procedures and 

practices as detailed in guidance 

provided by the Department. Training 

must be successfully completed before 

accepting passport applications. 

(e) Responsibilities. The 

responsibilities of a passport acceptance 

agent described in § 51.22(b) include but 

are not limited to the following: 

(1) Certifying the identity of each 

applicant. Passport acceptance agents 

must certify that they have personally 

witnessed the applicant signing his or 

her application, and that the applicant 

has: 

(i) Personally appeared; 

(ii) Presented proper identification, as 

documented on the application; 


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(iii) Submitted photographs that are a 

true likeness; and 

(iv) Taken the oath administered by 

the acceptance agent. 

(2) Safeguarding passport application 

information under the Privacy Act of 

1974. Passport acceptance agents 

described in § 51.22(b) must not retain 

copies of executed applications, nor 

release passport application information 

to anyone other than the applicant and 

the Department. 

(3) Avoiding conflict of interest. 

Passport acceptance agents described in 

§ 51.22(b) must not participate in any 

relationship that could be perceived as 

a conflict of interest, including but not 

limited to providing commercial 

services related to the passport process. 

(f) Documentation. Passport 

acceptance facilities within the United 

States must maintain a current listing of 

all passport acceptance agents 

designated under § 51.22(b). This list 

must be updated at least annually and 

a copy provided to the officer specified 

by the Department at the appropriate 

passport issuing office. 

(1) The current listing of all 

designated passport acceptance agents 

must include the passport acceptance 

agents’: 

(i) Names; and 

(ii) Signatures. 

(2) Any addition to or deletion from 

the current listing of designated 

passport acceptance agents is subject to 

prior approval by the Department. 

§ 51.23 Identity of applicant. 

(a) The applicant has the burden of 

establishing his or her identity. 

(b) The applicant must establish his or 

her identity by the submission of a 

previous passport, other state, local or 

federal government officially issued 

identification with photograph, or other 

identifying evidence which may include 

an affidavit of an identifying witness. 

(c) The Department may require such 

additional evidence of identity as it 

deems necessary. 

§ 51.24 Affidavit of identifying witness. 

(a) An identifying witness must 

execute an affidavit in the form 

prescribed by the Department before the 

person who accepts the passport 

application. 

(b) A person who has received or 

expects to receive a fee for his or her 

services in connection with executing 

the application or obtaining the passport 

may not serve as an identifying witness. 

§ 51.25 Name of applicant to be used in 

passport. 

(a) The passport shall be issued in the 

full name of the applicant, generally the 

name recorded in the evidence of 

nationality and identity. 

(b) The applicant must explain any 

material discrepancies between the 

name on the application and the name 

recorded in the evidence of nationality 

and identity. The name provided by the 

applicant on the application may be 

used if the applicant submits the 

documentary evidence prescribed by the 

Department. 

(c) A name change will be recognized 

for purposes of issuing a passport if the 

name change occurs in one of the 

following ways. 

(1) Court order or decree. An 

applicant whose name has been 

changed by court order or decree must 

submit with his or her application a 

certified copy of the order or decree. 

Acceptable types of court orders and 

decrees include but are not limited to: 

(i) A name change order; 

(ii) A divorce decree specifically 

declaring the return to a former name; 

(2) Certificate of naturalization issued 

in a new name. 

(3) Marriage. An applicant who has 

adopted a new name following marriage 

must present a copy of the marriage 

certificate. 

(4) Customary usage. An applicant 

who has adopted a new name without 

formal court proceedings or a marriage 

must submit evidence of public and 

exclusive use of the adopted name for 

a long period of time, in general five 

years, as prescribed by guidance issued 

by the Department. The evidence must 

include three or more public 

documents, including one governmentissued identification with photograph 

and other acceptable public documents 

prescribed by the Department. 

§ 51.26 Photographs. 

The applicant must submit with his or 

her application photographs as 

prescribed by the Department. 

§ 51.27 Incompetents. 

A legal guardian or other person with 

the legal capacity to act on behalf of a 

person declared incompetent may 

execute a passport application on the 

incompetent person’s behalf. 

§ 51.28 Minors. 

(a) Minors under age 16. 

(1) Personal appearance. Minors 

under 16 years of age applying for a 

passport must appear in person, unless 

the personal appearance of the minor is 

specifically excused by a senior 

passport authorizing officer, pursuant to 

guidance issued by the Department. In 

cases where personal appearance is 

excused, the person(s) executing the 

passport application on behalf of the 

minor shall appear in person and verify 

the application by oath or affirmation 

before a person authorized by the 

Secretary to administer oaths or 

affirmations, unless these requirements 

are also excused by a senior passport 

authorizing officer pursuant to guidance 

issued by the Department. 

(2) Execution of passport application 

by both parents or by each legal 

guardian. Except as specifically 

provided in this section, both parents or 

each of the minor’s legal guardians, if 

any, whether applying for a passport for 

the first time or for a renewal, must 

execute the application on behalf of a 

minor under age 16 and provide 

documentary evidence of parentage or 

legal guardianship showing the minor’s 

name, date and place of birth, and the 

names of the parent or parents. 

(3) Execution of passport application 

by one parent or legal guardian. A 

passport application may be executed 

on behalf of a minor under age 16 by 

only one parent or legal guardian if such 

person provides: 

(i) A notarized written statement or 

affidavit from the non-applying parent 

or legal guardian, if applicable, 

consenting to the issuance of the 

passport, or 

(ii) Documentary evidence that such 

person is the sole parent or has sole 

custody of the minor. Such evidence 

includes, but is not limited to, the 

following: 

(A) A birth certificate providing the 

minor’s name, date and place of birth 

and the name of only the applying 

parent; 

(B) A Consular Report of Birth Abroad 

of a Citizen of the United States of 

America or a Certification of Report of 

Birth of a United States Citizen 

providing the minor’s name, date and 

place of birth and the name of only the 

applying parent; 

(C) A copy of the death certificate for 

the non-applying parent or legal 

guardian; 

(D) An adoption decree showing the 

name of only the applying parent; 

(E) An order of a court of competent 

jurisdiction granting sole legal custody 

to the applying parent or legal guardian 

containing no travel restrictions 

inconsistent with issuance of the 

passport; or, specifically authorizing the 

applying parent or legal guardian to 

obtain a passport for the minor, 

regardless of custodial arrangements; or 

specifically authorizing the travel of the 

minor with the applying parent or legal 

guardian; 

(F) An order of a court of competent 

jurisdiction terminating the parental 

rights of the non-applying parent or 


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declaring the non-applying parent or 

legal guardian to be incompetent. 

(G) An order of a court of competent 

jurisdiction providing for joint legal 

custody or requiring the permission of 

both parents or the court for important 

decisions will be interpreted as 

requiring the permission of both parents 

or the court, as appropriate. 

Notwithstanding the existence of any 

such court order, a passport may be 

issued when compelling humanitarian 

or emergency reasons relating to the 

welfare of the minor exist. 

(4) Execution of passport application 

by a person acting in loco parentis. 

(i) A person may apply in loco 

parentis on behalf of a minor under age 

16 by submitting a notarized written 

statement or a notarized affidavit from 

both parents or each legal guardian, if 

any, specifically authorizing the 

application. 

(ii) If only one parent or legal 

guardian provides the notarized written 

statement or notarized affidavit, the 

applicant must provide documentary 

evidence that an application may be 

made by one parent or legal guardian, 

consistent with § 51.28(a)(3). 

(5) Exigent or special family 

circumstances. A passport may be 

issued when only one parent, legal 

guardian or person acting in loco 

parentis executes the application, in 

cases of exigent or special family 

circumstances. 

(i) ‘‘Exigent circumstances’’ are 

defined as time-sensitive circumstances 

in which the inability of the minor to 

obtain a passport would jeopardize the 

health and safety or welfare of the minor 

or would result in the minor being 

separated from the rest of his or her 

traveling party. ‘‘Time sensitive’’

generally means that there is not enough 

time before the minor’s emergency 

travel to obtain either the required 

consent of both parents/legal guardians 

or documentation reflecting a sole 

parent’s/legal guardian’s custody rights. 

(ii) ‘‘Special family circumstances’’

are defined as circumstances in which 

the minor’s family situation makes it 

exceptionally difficult for one or both of 

the parents to execute the passport 

application; and/or compelling 

humanitarian circumstances where the 

minor’s lack of a passport would 

jeopardize the health, safety, or welfare 

of the minor; or, pursuant to guidance 

issued by the Department, 

circumstances in which return of a 

minor to the jurisdiction of his or her 

home state or habitual residence is 

necessary to permit a court of competent 

jurisdiction to adjudicate or enforce a 

custody determination. A passport 

issued due to such special family 

circumstances may be limited for direct 

return to the United States in 

accordance with § 51.60(e). 

(iii) A parent, legal guardian, or 

person acting in loco parentis who is 

applying for a passport for a minor 

under age 16 under this paragraph must 

submit a written statement with the 

application describing the exigent or 

special family circumstances he or she 

believes should be taken into 

consideration in applying an exception. 

(iv) Determinations under 

§ 51.28(a)(5) must be made by a senior 

passport authorizing officer pursuant to 

guidance issued by the Department. 

(6) Nothing contained in this section 

shall prohibit any Department official 

adjudicating a passport application filed 

on behalf of a minor from requiring an 

applicant to submit other documentary 

evidence deemed necessary to establish 

the applying adult’s entitlement to 

obtain a passport on behalf of a minor 

under the age of 16 in accordance with 

the provisions of this regulation. 

(b) Minors 16 years of age and above. 

(1) A minor 16 years of age and above 

applying for a passport must appear in 

person and may execute the application 

for a passport on his or her own behalf 

unless the personal appearance of the 

minor is specifically excused by a senior 

passport authorizing officer pursuant to 

guidance issued by the Department, or 

unless, in the judgment of the person 

before whom the application is 

executed, it is not advisable for the 

minor to execute his or her own 

application. In such case, it must be 

executed by a parent or legal guardian 

of the minor, or by a person in loco 

parentis, unless the personal 

appearance of the parent, legal 

guardian or person in loco parentis is 

excused by the senior passport 

authorizing officer pursuant to guidance 

issued by the Department. 

(2) The passport issuing officer may at 

any time require a minor 16 years of age 

and above to submit the notarized 

consent of a parent, a legal guardian, or 

a person in loco parentis to the issuance 

of the passport. 

(c) Rules applicable to all minors. 

(1) Objections. At any time prior to 

the issuance of a passport to a minor, 

the application may be disapproved and 

a passport may be denied upon receipt 

of a written objection from a parent or 

legal guardian of the minor, or from 

another party claiming authority to 

object, so long as the objecting party 

provides sufficient documentation of his 

or her custodial rights or other authority 

to object. 

(2) An order from a court of 

competent jurisdiction providing for 

joint legal custody or requiring the 

permission of both parents or the court 

for important decisions will be 

interpreted as requiring the permission 

of both parents. 

(3) The Department will consider a 

court of competent jurisdiction to be a 

U.S. state or federal court or a foreign 

court located in the minor’s home state 

or place of habitual residence. 

(4) The Department may require that 

conflicts regarding custody orders, 

whether domestic or foreign, be settled 

by the appropriate court before a 

passport may be issued. 

(5) Access by parents and legal 

guardians to passport records for 

minors. Either parent or any legal 

guardian of a minor may upon written 

request obtain information regarding the 

application for and issuance of a 

passport to a minor, unless the 

requesting parent’s parental rights have 

been terminated by an order of a court 

of competent jurisdiction, a copy of 

which has been provided to the 

Department. The Department may deny 

such information to a parent or legal 

guardian if it determines that the minor 

objects to disclosure and the minor is 16 

years of age or older. 

Subpart C—Evidence of U.S. 

Citizenship or Nationality 

§ 51.40 Burden of proof. 

The applicant has the burden of 

proving that he or she is a U.S. citizen 

or non-citizen national. 

§ 51.41 Documentary evidence. 

The applicant must provide 

documentary evidence that he or she is 

a U.S. citizen or non-citizen national. 

§ 51.42 Persons born in the United States 

applying for a passport for the first time. 

(a) Primary evidence of birth in the 

United States. A person born in the 

United States generally must submit a 

birth certificate. The birth certificate 

must show the full name of the 

applicant, the applicant’s place and date 

of birth, the full name of the parent(s), 

and must be signed by the official 

custodian of birth records, bear the seal 

of the issuing office, and show a filing 

date within one year of the date of birth. 

(b) Secondary evidence of birth in the 

United States. If the applicant cannot 

submit a birth certificate that meets the 

requirement of paragraph (a) of this 

section, he or she must submit 

secondary evidence sufficient to 

establish to the satisfaction of the 

Department that he or she was born in 

the United States. Secondary evidence 

includes but is not limited to hospital 

birth certificates, baptismal certificates, 

medical and school records, certificates 

of circumcision, other documentary 


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evidence created shortly after birth but 

not more than 5 years after birth, and/ 

or affidavits of persons having personal 

knowledge of the facts of the birth. 

§ 51.43 Persons born outside the United 

States applying for a passport for the first 

time. 

(a) Generally. A person born outside 

the United States must submit 

documentary evidence that he or she 

meets all the statutory requirements for 

acquisition of U.S. citizenship or noncitizen nationality under the provision 

of law or treaty under which the person 

is claiming U.S. citizenship or noncitizen nationality. 

(b) Documentary Evidence. (1) Types 

of documentary evidence of citizenship 

for a person born outside the United 

States include: 

(i) A certificate of naturalization. 

(ii) A certificate of citizenship. 

(iii) A Consular Report of Birth 

Abroad. 

(2) An applicant without one of these 

documents must produce supporting 

documents as required by the 

Department, showing acquisition of U.S. 

citizenship under the relevant 

provisions of law. 

§ 51.44 Proof of resumption or retention of 

U.S. citizenship. 

An applicant who claims to have 

resumed or retained U.S. citizenship 

must submit with the application a 

certificate of naturalization or evidence 

that he or she took the steps necessary 

to resume or retain U.S. citizenship in 

accordance with the applicable 

provision of law. 

§ 51.45 Department discretion to require 

evidence of U.S. citizenship or non-citizen 

nationality. 

The Department may require an 

applicant to provide any evidence that 

it deems necessary to establish that he 

or she is a U.S. citizen or non-citizen 

national, including evidence in addition 

to the evidence specified in 22 CFR 

51.42 through 51.44. 

§ 51.46 Return or retention of evidence of 

U.S. citizenship or non-citizen nationality. 

The Department will generally return 

to the applicant evidence submitted in 

connection with an application for a 

passport. The Department may, 

however, retain evidence when it deems 

it necessary. 

Subpart D—Fees 

§ 51.50 Form of payment. 

Passport fees must be paid in U.S. 

currency or in other forms of payments 

permitted by the Department. 

§ 51.51 Passport fees. 

The Department collects the following 

passport fees in the amounts prescribed 

in the Schedule of Fees for Consular 

Services (22 CFR 22.1): 

(a) An application fee, which must be 

paid at the time of application, except 

as provided in § 51.52(a), and is not 

refundable, except as provided in 

§ 51.53. 

(b) An execution fee, except as 

provided in § 51.52(b), when the 

applicant is required to execute the 

application in person before a person 

authorized to administer oaths for 

passport purposes. The execution fee is 

collected at the time of application and 

is not refundable (see § 51.55). When 

execution services are provided by an 

official of a state or local government or 

of the United States Postal Service 

(USPS), the state or local government or 

USPS may retain the fee if authorized to 

do so by the Department. 

(c) A fee for expedited passport 

processing, if applicable (see § 51.56). 

(d) A surcharge of twelve dollars on 

the filing of each application for a 

passport in order to cover the costs of 

meeting the increased demand for 

passports as a result of actions taken to 

comply with section 7209(b) of the 

Intelligence Reform and Terrorism 

Prevention Act of 2004 (8 U.S.C. 1165 

note). The surcharge will be recovered 

by the Department of State from within 

the passport fee reflected in Schedule of 

Consular Fees. The surcharge will be 

imposed until October 1, 2010. 

(e) Any other fee that the Department 

is authorized or required by law to 

charge for passport services. 

(f) The foregoing fees are applicable 

regardless of the validity period of the 

passport. 

§ 51.52 Exemption for payment of 

passport fees. 

The following persons are exempt 

from payment of passport fees except for 

the passport execution fee, unless their 

applications are executed before a 

federal official, in which case they are 

also exempt from payment of the 

passport execution fee: 

(a) An officer or employee of the 

United States traveling on official 

business and the members of his or her 

immediate family. The applicant must 

submit evidence of the official purpose 

of the travel and, if applicable, 

authorization for the members of his or 

her immediate family to accompany or 

reside with him or her abroad. 

(b) An American seaman who requires 

a passport in connection with his or her 

duties aboard a United States flag 

vessel. 

(c) A widow, widower, child, parent, 

brother or sister of a deceased member 

of the U.S. Armed Forces proceeding 

abroad to visit the grave of such service 

member or to attend a funeral or 

memorial service for such member. 

(d) Other persons whom the 

Department determines should be 

exempt from payment of passport fees 

for compelling circumstances, pursuant 

to guidance issued by the Department; 

or 

(e) Other categories of persons 

exempted by law. 

§ 51.53 Refunds. 

(a) The Department will refund the 

passport application fee and the security 

surcharge to any person exempt from 

payment of passport fees under 22 CFR 

51.52 from whom the fee was 

erroneously collected. 

(b) The Department will refund an 

expedited passport processing fee if the 

Department fails to provide expedited 

passport processing as defined in 22 

CFR 51.56. 

(c) For procedures on refunds of $5.00 

or less, see 22 CFR 22.6(b). 

§ 51.54 Replacement passports without 

payment of applicable fees. 

A passport issuing office may issue a 

replacement passport for the following 

reasons without payment of applicable 

fees: 

(a) To correct an error or rectify a 

mistake of the Department; 

(b) When the bearer has changed his 

or her name or other personal identifier 

listed on the data page of the passport, 

and applies for a replacement passport 

within one year of the date of the 

passport’s original issuance. 

(c) When the bearer of an emergency 

full fee passport issued for a limited 

validity period applies for a full validity 

passport within one year of the date of 

the passport’s original issuance. 

(d) When a passport is retained by law 

enforcement or the judiciary for 

evidentiary purposes and the bearer is 

still eligible to have a passport. 

(e) When a passport is issued to 

replace a passport with a failed 

electronic chip for the balance of the 

original validity period. 

§ 51.55 Execution fee not refundable. 

The fee for the execution of a passport 

application is not refundable. 

§ 51.56 Expedited passport processing. 

(a) Within the United States, an 

applicant for passport service (including 

issuance, replacement or the addition of 

visa pages) may request expedited 

processing. The Department may 

decline to accept the request. 


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(b) Expedited passport processing 

means completing processing within the 

number of business days specified by 

law, beginning on the day when the 

application reaches a Passport Agency 

or Center or, if the application is already 

with a Passport Agency or Center, 

beginning when the request for 

expedited processing is approved. The 

processing is considered completed on 

the day when the passport is ready to be 

picked up by the applicant or is mailed 

to the applicant. 

(c) A fee is charged for expedited 

passport processing (see 22 CFR 

51.51(c)). The fee does not cover any 

costs of mailing above the normal level 

of service regularly provided by the 

Department. The cost of expedited 

mailing must be paid by the applicant. 

(d) The Department will not charge 

the fee for expedited passport 

processing if the Department’s error, 

mistake or delay caused the need for 

expedited processing. 

Subpart E—Denial, Revocation and 

Restriction of Passports 

§ 51.60 Denial and restriction of passports. 

(a) The Department may not issue a 

passport, except a passport for direct 

return to the United States, in any case 

in which the Department determines or 

is informed by competent authority that: 

(1) The applicant is in default on a 

loan received from the United States 

under 22 U.S.C. 2671(b)(2)(B) for the 

repatriation of the applicant and, where 

applicable, the applicant’s spouse, 

minor child(ren), and/or other 

immediate family members, from a 

foreign country (see 22 U.S.C. 2671(d)); 

or 

(2) The applicant has been certified by 

the Secretary of Health and Human 

Services as notified by a state agency 

under 42 U.S.C. 652(k) to be in arrears 

of child support in an amount 

determined by statute. 

(b) The Department may refuse to 

issue a passport in any case in which 

the Department determines or is 

informed by competent authority that: 

(1) The applicant is the subject of an 

outstanding Federal warrant of arrest for 

a felony, including a warrant issued 

under the Federal Fugitive Felon Act 

(18 U.S.C. 1073); or 

(2) The applicant is subject to a 

criminal court order, condition of 

probation, or condition of parole, any of 

which forbids departure from the 

United States and the violation of which 

could result in the issuance of a Federal 

warrant of arrest, including a warrant 

issued under the Federal Fugitive Felon 

Act; or 

(3) The applicant is subject to a U.S. 

court order committing him or her to a 

mental institution; or 

(4) The applicant has been legally 

declared incompetent by a court of 

competent jurisdiction in the United 

States; or 

(5) The applicant is the subject of a 

request for extradition or provisional 

request for extradition which has been 

presented to the government of a foreign 

country; or 

(6) The applicant is the subject of a 

subpoena received from the United 

States pursuant to 28 U.S.C. 1783, in a 

matter involving Federal prosecution 

for, or grand jury investigation of, a 

felony; or 

(7) The applicant is a minor and the 

passport may be denied under 22 CFR 

51.28; or 

(8) The applicant is subject to an 

order of restraint or apprehension 

issued by an appropriate officer of the 

United States Armed Forces pursuant to 

chapter 47 of title 10 of the United 

States Code; or 

(9) The applicant is the subject of an 

outstanding state or local warrant of 

arrest for a felony; or 

(10) The applicant is the subject of a 

request for extradition or provisional 

arrest submitted to the United States by 

a foreign country. 

(c) The Department may refuse to 

issue a passport in any case in which: 

(1) The applicant has not repaid a 

loan received from the United States 

under 22 U.S.C. 2670(j) for emergency 

medical attention, dietary supplements, 

and other emergency assistance, 

including, if applicable, assistance 

provided to his or her child(ren), 

spouse, and/or other immediate family 

members in a foreign country; or 

(2) The applicant has not repaid a 

loan received from the United States 

under 22 U.S.C. 2671(b)(2)(B) or 22 

U.S.C. 2671(b)(2)(A) for the repatriation 

or evacuation of the applicant and, if 

applicable, the applicant’s child(ren), 

spouse, and/or other immediate family 

members from a foreign country to the 

United States; or 

(3) The applicant has previously been 

denied a passport under this section or 

22 CFR 51.61, or the Department has 

revoked the applicant’s passport or 

issued a limited passport for direct 

return to the United States under 22 

CFR 51.62, and the applicant has not 

shown that there has been a change in 

circumstances since the denial, 

revocation or issuance of a limited 

passport that warrants issuance of a 

passport; or 

(4) The Secretary determines that the 

applicant’s activities abroad are causing 

or are likely to cause serious damage to 

the national security or the foreign 

policy of the United States. 

(d) The Department may refuse to 

issue a passport in a case in which the 

Department is informed by an 

appropriate foreign government 

authority or international organization 

that the applicant is the subject of a 

warrant of arrest for a felony. 

(e) The Department may refuse to 

issue a passport, except a passport for 

direct return to the United States, in any 

case in which the Department 

determines or is informed by a 

competent authority that the applicant 

is a minor who has been abducted, 

wrongfully removed or retained in 

violation of a court order or decree and 

return to his or her home state or 

habitual residence is necessary to 

permit a court of competent jurisdiction 

to determine custody matters. 

§ 51. 61 Denial of passports to certain 

convicted drug traffickers. 

(a) A passport may not be issued in 

any case in which the Department 

determines or is informed by competent 

authority that the applicant is subject to 

imprisonment or supervised release as 

the result of a felony conviction for a 

Federal or state drug offense, if the 

individual used a U.S. passport or 

otherwise crossed an international 

border in committing the offense, 

including a felony conviction arising 

under: 

(1) The Controlled Substances Act (21 

U.S.C. 801 et seq.) or the Controlled 

Substances Import and Export Act (21 

U.S.C. 951 et seq.); or 

(2) Any Federal law involving 

controlled substances as defined in 

section 802 of the Controlled Substances 

Act (21 U.S.C. 801 et seq.); or 

(3) The Bank Secrecy Act (31 U.S.C. 

5311 et seq.) or the Money Laundering 

Act (18 U.S.C. 1956 et seq.) if the 

Department is in receipt of information 

that supports the determination that the 

violation involved is related to illicit 

production of or trafficking in a 

controlled substance; or 

(4) Any state law involving the 

manufacture, distribution, or possession 

of a controlled substance. 

(b) A passport may be refused in any 

case in which the Department 

determines or is informed by competent 

authority that the applicant is subject to 

imprisonment or supervised release as 

the result of a misdemeanor conviction 

of a Federal or state drug offense if the 

individual used a U.S. passport or 

otherwise crossed an international 

border in committing the offense, other 

than a first conviction for possession of 

a controlled substance, including a 

misdemeanor conviction arising under: 


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10104 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Proposed Rules 

(1) The federal statutes described in 

§ 51.61(a); or 

(2) Any state law involving the 

manufacture, distribution, or possession 

of a controlled substance. 

(c) Notwithstanding paragraph (a) of 

this section, the Department may issue 

a passport when the competent 

authority confirms, or the Department 

otherwise finds, that emergency 

circumstances or humanitarian reasons 

exist. 

§ 51.62 Revocation or limitation of 

passports. 

The Department may revoke a 

passport when: 

(a) The bearer of the passport would 

not be entitled to issuance of a passport 

under 22 CFR 51.60 or 51.61; or 51.28; 

or any other provision contained in this 

Part; or, 

(b) The passport has been obtained 

illegally, fraudulently or erroneously; 

was created through illegality or fraud 

practiced upon the Department; or has 

been fraudulently altered or misused; or 

(c) The Department has determined 

that the bearer of the passport is not a 

U.S. national, or the Department is on 

notice that the bearer’s certificate of 

citizenship or certificate of 

naturalization has been canceled. 

§ 51.63 Passports invalid for travel into or 

through restricted areas; prohibition on 

passports valid only for travel to Israel. 

(a) The Secretary may restrict the use 

of a passport for travel to or use in a 

country or area which the Secretary has 

determined is: 

(1) A country with which the United 

States is at war; or 

(2) A country or area where armed 

hostilities are in progress; or 

(3) A country or area in which there 

is imminent danger to the public health 

or physical safety of United States 

travelers. 

(b) Any determination made and 

restriction imposed under paragraph (a) 

of this section, or any extension or 

revocation of the restriction, shall be 

published in the Federal Register. 

(c) A passport may not be designated 

as valid only for travel to Israel. 

§ 51.64 Special validation of passports for 

travel to restricted areas. 

(a) A U.S. national may apply to the 

Department for a special validation of 

his or passport to permit its use for 

travel to, or use in, a restricted country 

or area. The application must be 

accompanied by evidence that the 

applicant falls within one of the 

categories in paragraph (c) of this 

section. 

(b) The Department may grant a 

special validation if it determines that 

the validation is in the national interest 

of the United States. 

(c) A special validation may be 

determined to be in the national interest 

if: 

(1) The applicant is a professional 

reporter or journalist, the purpose of 

whose trip is to obtain, and make 

available to the public, information 

about the restricted area; or 

(2) The applicant is a representative of 

the International Committee of the Red 

Cross or the American Red Cross 

traveling pursuant to an officiallysponsored Red Cross mission; or 

(3) The applicant’s trip is justified by 

compelling humanitarian 

considerations; or 

(4) The applicant’s request is 

otherwise in the national interest. 

§ 51.65 Notification of denial or revocation 

of passport. 

(a) The Department will notify in 

writing any person whose application 

for issuance of a passport has been 

denied, or whose passport has been 

revoked. The notification will set forth 

the specific reasons for the denial or 

revocation, and, if applicable, the 

procedures for review available under 

22 CFR 51.70–51.76. 

(b) An application for a passport will 

be denied if an applicant fails to meet 

his or her burden of proof under 22 CFR 

51.23(a) and 51.40 or otherwise does not 

provide documentation sufficient to 

establish entitlement to passport 

issuance within ninety days of 

notification by the Department that 

additional information from the 

applicant is required. Thereafter, if an 

applicant wishes to pursue a claim to 

entitlement to passport issuance, he or 

she must submit a new application and 

supporting documents, photographs, 

and statements in support of the 

application, along with applicable 

application and execution fees. 

§ 51.66 Surrender of passport. 

The bearer of a passport that is 

revoked must surrender it to the 

Department or its authorized 

representative upon demand. 

Subpart F—Procedures for Review of 

Certain Denials and Revocations 

§ 51.70 Request for hearing to review 

certain denials and revocations. 

(a) A person whose passport has been 

denied or revoked under 22 CFR 

51.60(b)(1)–(10), 51.60(c), 51.60(d), 

51.61(b), or 51.62(b) may request a 

hearing to review the basis for the 

denial or revocation to the Department 

within 60 days of receipt of the notice 

of the denial or revocation. 

(b) If a timely request for a hearing is 

made, the Department will hold it 

within 60 days of the date the 

Department receives the request, unless 

the person requesting the hearing asks 

for a later date and the Department and 

the hearing officer agree. 

(c) The Department will give the 

person requesting the hearing not less 

than 10 business days’ written notice of 

the date and place of the hearing. 

§ 51.71 The hearing. 

(a) The Department will name a 

hearing officer, who will make findings 

of fact and submit recommendations 

based on the record of the hearing as 

defined in § 51.72 to the Deputy 

Assistant Secretary for Passport Services 

in the Bureau of Consular Affairs. 

(b) The person requesting the hearing 

may appear in person, or with or by his 

designated attorney. The attorney must 

be admitted to practice in any state of 

the United States, the District of 

Columbia, any territory or possession of 

the United States, or be admitted to 

practice before the courts of the country 

in which the hearing is to be held. 

(c) The person requesting the hearing 

may testify, offer evidence in his or her 

own behalf, present witnesses, and 

make arguments at the hearing. The 

person requesting the hearing is 

responsible for all costs associated with 

the presentation of his or her case. The 

Department may present witnesses, offer 

evidence, and make arguments in its 

behalf. The Department is responsible 

for all costs associated with the 

presentation of its case. 

(d) Formal rules of evidence will not 

apply, but the hearing officer may 

impose reasonable restrictions on 

relevancy, materiality, and competency 

of evidence presented. Testimony will 

be under oath or by affirmation under 

penalty of perjury. The hearing officer 

may not consider any information that 

is not also made available to the person 

requesting the hearing and made a part 

of the record of the proceeding. 

(e) If any witness is unable to appear 

in person, the hearing officer may, in his 

or her discretion, accept an affidavit 

from or order a deposition of the 

witness, the cost for which will be the 

responsibility of the requesting party. 

§ 51.72 Transcript and record of the 

hearing. 

A qualified reporter will make a 

complete verbatim transcript of the 

hearing. The person requesting the 

hearing and/or his or her attorney may 

review and purchase a copy of the 

transcript. The hearing transcript and 

the documents received by the hearing 


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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Proposed Rules 10105 

officer will constitute the record of the 

hearing. 

§ 51.73 Privacy of hearing. 

Only the person requesting the 

hearing, his or her attorney, the hearing 

officer, official reporters, and employees 

of the Department directly concerned 

with the presentation of the case for the 

Department may be present at the 

hearing. Witnesses may be present only 

while actually giving testimony or as 

otherwise directed by the hearing 

officer. 

§ 51.74 Final decision. 

After reviewing the record of the 

hearing and the findings of fact and 

recommendations of the hearing officer, 

the Deputy Assistant Secretary for 

Passport Services will decide whether to 

uphold the denial or revocation of the 

passport. The Department will promptly 

notify the person requesting the hearing 

in writing of the decision. If the 

decision is to uphold the denial or 

revocation, the notice will contain the 

reason(s) for the decision. The decision 

is final and is not subject to further 

administrative review. 

Dated: February 26, 2007. 

Maura Harty, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. E7–3870 Filed 3–6–07; 8:45 am] 

BILLING CODE 4710–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2007–0072, EPA–HQ–

SFUND–2007–0074, EPA–HQ–SFUND–2007–

0078, EPA–HQ–SFUND–2007–0079, EPA–

HQ–SFUND–2007–0080; FRL–8283–6] 

RIN 2050–AD75 

National Priorities List, Proposed Rule 

No. 46 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule proposes to 

add five new sites to the NPL, all to the 

General Superfund Section. 

DATES: Comments regarding any of these 

proposed listings must be submitted 

(postmarked) on or before May 7, 2007. 

ADDRESSES: Identify the appropriate 

FDMS Docket Number from the table 

below. 

FDMS Docket Identification Numbers 

by Site: 

Site name City/state FDMS Docket ID No. 

Halaco Engineering Company ........................................................................ Oxnard, CA ........................................ EPA–HQ–SFUND–2007– 

0072 

Eagle Zinc Co Div T L Diamond .................................................................... Hillsboro, IL ........................................ EPA–HQ–SFUND–2007– 

0074 

Eagle Picher Carefree Battery ....................................................................... Socorro, NM ...................................... EPA–HQ–SFUND–2007– 

0078 

Formosa Mine ................................................................................................. Douglas County, OR ......................... EPA–HQ–SFUND–2007– 

0079 

Five Points PCE Plume .................................................................................. Woods Cross/Bountiful, UT ............... EPA–HQ–SFUND–2007– 

0080 

Submit your comments, identified by 

the appropriate FDMS Docket number, 

by one of the following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: superfund.Docket@epa.gov. 

• Mail: Mail comments (no facsimiles 

or tapes) to Docket Coordinator, 

Headquarters; U.S. Environmental 

Protection Agency; CERCLA Docket 

Office; (Mail Code 5305T); 1200 

Pennsylvania Avenue NW.; Washington, 

DC 20460. 

• Hand Delivery or Express Mail: 

Send comments (no facsimiles or tapes) 

to Docket Coordinator, Headquarters; 

U.S. Environmental Protection Agency; 

CERCLA Docket Office; 1301 

Constitution Avenue; EPA West, Room 

3340, Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation 

(8:30 a.m. to 4:30 p.m., Monday through 

Friday excluding Federal holidays). 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

the appropriate FDMS Docket number 

(see table above). EPA’s policy is that all 

comments received will be included in 

the public Docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov website is 

an ‘‘anonymous access’’ system, that 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public Docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional Docket addresses 

and further details on their contents, see 

section II, ‘‘Public Review/Public 

Comment,’’ of the SUPPLEMENTARY

INFORMATION portion of this preamble. 


cprice-sewell on PROD1PC66 with PROPOSALS