29904 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations

(iii) The scheduled date for the

replacement/modification; and

(iv) The name and location of the

authorized repair shop.

(3) For more information about this issue:

contact Rob Romero, Aerospace Engineer,

FAA, Fort Worth ACO, 2601 Meacham

Boulevard, Fort Worth, Texas 76193–0150;

telephone: (817) 222–5102; facsimile: (817)

222–5960; e:mail: Robert.A.Romero@faa.gov.

(g) What if I need to fly the airplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your airplane to a location

where you can accomplish the requirements

of this AD provided that the following is

adhered to:

(1) Only operate in day visual flight rules

(VFR) only.

(2) Ensure that the hopper is empty.

(3) Limit airspeed to 135 miles per hour

(mph) indicated airspeed (IAS).

(4) Avoid any unnecessary g-forces.

(5) Avoid areas of turbulence.

(6) Plan the flight to follow the most direct

route.

(h) Are any service bulletins incorporated

into this AD by reference? Replacement

actions required by this AD must be done in

accordance with Snow Engineering Service

Letter #197, #202, #203, or #205, all Revised

March 26, 2001, as applicable. The Director

of the Federal Register previously approved

this incorporation by reference under 5

U.S.C. 552(a) and 1 CFR part 51, as of June

8, 2001 (66 FR 27014, May 16, 2001). You

may get copies of this document from Air

Tractor, Incorporated, P.O. Box 485, Olney,

Texas 76374. You can look at copies at FAA,

Central Region, Office of the Regional

Counsel, 901 Locust, Room 506, Kansas City,

Missouri, or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(i) When does this amendment become

effective? This amendment becomes effective

on June 8, 2001.

Issued in Kansas City, Missouri, on May

25, 2001.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–13737 Filed 6–1–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 51

[Public Notice 3672]

Passport Procedures—Amendment to

Requirements for Executing a

Passport Application on Behalf of a

Minor

AGENCY: Bureau of Consular Affairs,

State Department.

ACTION: Final rule.

SUMMARY: This rule finalizes the

proposed rule published on October 10,

2000. The rule brings passport

regulations into conformity with current

practice and implements the

requirements of Section 236 of the

Admiral James W. Nance and Meg

Donovan Foreign Relations

Authorization Act. That Section

requires that both parents execute a

passport application on behalf of a

minor under age 14; or, if only one

parent executes the application, such

parent must establish his or her

custodial status or the other parent’s

consent. It also provides for exceptions

to this requirement in exigent

circumstances, such as those involving

the health or welfare of the child, or

when the Secretary of State determines

that issuance of a passport is warranted

by special family circumstances.

EFFECTIVE DATE: July 2, 2001.

FOR FURTHER INFORMATION CONTACT: John

Hotchner, Director, Office of Passport

Policy, Planning and Advisory Services,

2401 E. Street, NW., Room 917,

Washington, DC 20522–0907.

SUPPLEMENTARY INFORMATION: The

Department published a proposed rule,

Public Notice 3428 at 65 FR 60132, Oct.

10, 2000, with a request for comments,

amending numerous sections of Part 51

of Title 22 of the Code of Federal

Regulations. The rule was proposed

primarily to implement provisions of

Section 236 of the Admiral James W.

Nance and Meg Donovan Foreign

Relations Authorization Act, Public Law

106–113, 113 Stat. 1501A–420 (22

U.S.C. 213n), although it also makes

procedural changes to harmonize other

parts of the regulations with the twoparent consent requirement. The rule

was discussed in detail in Public Notice

3428, as were the Department’s reasons

for the other changes to the regulations.

The Department is now promulgating a

final rule with minor changes from the

proposed rule (for example, the fact that

the rule applies to both renewal and

first time passport applications is

clarified) and no substantive change.

Analysis of Comments

The proposed rule was published for

comments on October 10, 2000 at 65 FR

60132. The comment period closed

November 6, 2000, but the Department

continued to accept comments

(including by electronic mail) until

November 28, 2000, to accommodate

delays in publication and mail delivery.

The Department received forty-nine

(49) comments regarding the proposed

change in the procedures for applying

for passports on behalf of minors under

age 14. Most were received via e-mail

from individuals living abroad. In

addition to expressing an opinion, most

of the comments also contained specific

questions about implementation. The

majority—26—were opposed to the

concept of requiring both parents to

apply for a passport on behalf of a minor

under age 14, but offered few specific

comments on the draft regulation. Four

commentators were in favor of the

requirement; one saw both sides of the

issue; and 7 just asked questions but

made no comment.

The majority of the comments

expressed concern about the

inconvenience to families who are not

involved in a child custody dispute and

for whom it might be difficult to have

both parents apply for a passport on

behalf of a minor under age 14. For

example, in some cases in which a

family lives far from a U.S. embassy,

passport agency, or acceptance facility,

it may cause hardship to the entire

family to require both parents to travel

to execute the application.

The regulation expressly provides for

this circumstance by allowing the

applying parent to present a simple

written statement from the non-applying

parent giving consent to the issuance of

the passport. The written statement will

be presented by the applying parent

under penalty of perjury and will

become a part of the minor’s permanent

passport file.

Generally, the written statement

consenting to the issuance of the

passport will be accepted without

further questions, but additional

evidence may be required if the

adjudicating officer has reason to

suspect that the statement is not true. If

the non-applying parent neither signs

the application nor provides a written

statement consenting to the issuance of

a passport (for whatever reason), the

applying parent may submit his or her

own written statement, made under

penalty of perjury, explaining why the

other parent did not or could not

participate in the child’s passport

application. The adjudicating officer

will then consider whether this

explanation falls within the parameters

of the special family circumstances

exception. If the determination is made

that it does not fall under that

exception, the passport will be denied.

We anticipate that there will be very few

instances where passports will be

denied under these circumstances.

Another concern was raised by single

parents who are no longer in contact

with the minor’s other parent.

The regulation provides that parents

need only present documentary

evidence of sole custody, i.e., a birth

certificate or adoption decree listing

Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations 29905

only one parent, evidence of the death

of a parent, a decree granting sole

custody, or a court order terminating the

other parent’s parental rights. The

Department will consider other

documentary evidence as warranted by

the circumstances. If no documentary

evidence is available, the applying

parent may submit a written statement

under penalty of perjury setting out the

circumstances that prevent him or her

from presenting the requested

documentation.

Some comments referred to the ability

of non-U.S. citizens to obtain a U.S.

passport for their U.S. citizen child or to

inhibit the issuance of their child’s

passport when applied for by the U.S.

citizen parent.

The fact that a parent is not a U.S.

citizen does not limit his or her ability

to obtain a U.S. passport on behalf of his

or her minor U.S. citizen child.

Similarly, a non-U.S. citizen parent may

request that no U.S. passport be issued

to a U.S. citizen minor if that parent has

legal custody of the child. The new

regulation does not change the rights of

parents in this respect.

The Department has a long-standing

program that provides for parental

notification and the denial of a passport

to a minor of any age who is the subject

of a child custody dispute. The

Children’s Passport Issuance Alert

Program enables the Department of

State’s Office of Children’s Issues to

notify a parent or legal guardian, when

requested, before issuing a U.S. passport

for his or her child. At the request of a

custodial or non-custodial parent, legal

guardian, legal representative, or a court

of competent jurisdiction, the

Department will enter the child’s name

into its passport name check clearance

system. This allows the Department to

alert the requesting parent if a passport

application is received for the child. To

deny the passport application, the

Department must have on file a written

request for denial from a parent, legal

guardian, or an officer of the court, and

a complete copy of a temporary or

permanent court order that provides for:

(1) Sole legal custody to the requesting

parent; (2) joint custody to both parents

(which the Department treats as

inherently requiring both parents to

consent to passport issuance); or (3) a

restriction on the child’s travel or a

requirement of that both parents or the

appropriate court give permission to

travel. The Department strongly

encourages parents who fear that their

child may be abducted to continue to

make use of this program.

The public comments expressed

concern that some U.S. citizen children

are dual citizens and may be entitled to

a foreign passport.

A U.S. citizen child may have another

nationality because the child was born

abroad, because one of the child’s

parents acquired a foreign nationality at

birth, or because one of the child’s

parents acquired a second nationality

through naturalization in another

country. Acquisition of foreign

nationality may occur in these cases

without regard to the wishes of the U.S.

citizen parent of the child. Similarly,

the child of foreign nationals may

acquire U.S. citizenship regardless of

the child’s parent’s wishes (e.g., if the

child is born in the United States). The

inability to obtain a U.S. passport will

not necessarily prevent a dual national

child from obtaining and traveling on a

foreign passport. While some foreign

countries will give effect to U.S. custody

orders, they are generally free to issue

passports to their nationals, including

minor children.

The Comments Also Contained Specific

Questions That Are Addressed Below

Will currently valid passports held by

minors under age 14 continue to be

valid after the two-parent application

requirement goes into effect?

Yes, currently valid passports will

continue to be valid until their

expiration date, generally five years

from the date of issuance. However,

when those passports expire, the twoparent consent requirement will apply

for new or renewal passport requests if

the child is still under age 14.

Once a passport is actually issued,

will there need to be two signatures in

the passport in order for it to be valid?

No. Only one parent need sign the

passport.

Can the rule apply only to renewals

and not first time applicants?

No. The statute specifically applies to

all passports issued for minors under

age 14.

Do the new statute and its

implementing regulation require both

parents to travel with their minor?

No. The statute and regulation apply

only to the application for the passport,

not to the actual use of the passport.

Will U.S. citizen children who are

unable to obtain a U.S. passport due to

lack of the second parent’s permission

be granted visas in their foreign

passports to enable travel to the United

States?

No. U.S. law specifically prohibits the

issuance of a U.S. visa to a U.S. citizen

or national.

Will additional fees be charged for the

two signatures?

No, the same passport fee for minors

remains in effect.

What is considered an exigent

circumstance?

Some examples of exigent

circumstances would include, but not

be limited to: (1) A minor who needs to

travel due to a serious illness of a

person in the minor’s immediate family;

(2) a minor who must travel to receive

emergency medical treatment; (3) a

minor who has his or her passport lost

or stolen while traveling abroad

accompanied by only one parent, or

traveling unaccompanied by a parent or

parents with a school, church or other

group, and who needs to travel

immediately to another overseas

destination.

What is considered a special family

circumstance?

Examples of special family

circumstances include, but are not

limited to: (1) A situation in which the

non-applying parent has abandoned the

family, and his or her whereabouts are

unknown; or (2) a situation in which the

non-applying parent is unable to give

written consent due to serious health

problems. Instances involving

inconvenience to the non-applying

parent will not be considered a special

family circumstance, however. A nonapplying parent who cannot personally

appear at an acceptance facility,

passport agency, or U.S. embassy,

consulate or consular agency abroad to

sign the minor’s application may send

the signed consent statement by

overnight delivery if the minor’s travel

is urgent, or fax it to the applying parent

or passport issuing office if the minor’s

travel is imminent.

When both parents have abandoned

the minor or are deceased and there has

been no formal or legal determination of

custody or guardianship (such as when

a grandparent, aunt, uncle, brother or

sister has assumed responsibility),

documentation of legal custody or

guardianship must be obtained and

submitted. If exigent circumstances

apply to a child in this situation, a

passport would be issued without such

documentation if failure to do so would

cause grave danger to the child.

Examples would include medical

evacuation of a child from a foreign

country to the United States or an

emergency evacuation of U.S. citizens

from a foreign country during a period

of civil unrest.

Additional Comments

In crafting the regulations to

implement the statute uniformly and

fairly, the Department sought to

implement the statute in a way that will:

(1) Use the passport application process

as a vehicle for deterring parental child

abduction; (2) minimize any

29906 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations

unnecessary inconvenience to parents

in the majority of cases that do not

involve parental abduction issues; and

(3) fulfill the Department’s

responsibilities for passport issuance

and the protection of U.S. citizens

abroad. We feel that the final regulation

meets those goals. A central feature of

the regulation is that it puts the full

burden of responsibility for the bona

fides of the documentation submitted

and the truthfulness of representations

made therein on the applying parent or

legal guardian, who will be subject to

criminal penalties for making false

statements to procure a passport.

Although not obligated to do so in any

particular case, the Department reserves

its right to investigate or verify the

truthfulness of assertions made during

the application process, or to confirm

the validity of documents presented in

support of the application.

Implementation Date

The effective date of this regulation is

July 2, 2001. This date will give the

Department time to redesign, obtain

required approval under the Paperwork

Reduction Act for, and print a new

passport application form with

signature blocks for both parents’

signatures. It will also avoid introducing

a new requirement into the application

process during the peak pre-summer

travel period. Finally, it will give the

Department sufficient time to

disseminate information regarding the

new requirement.

Regulatory Findings

Administrative Procedure Act

The Department is publishing this

rule as a final rule after it was published

as a proposed rule on October 10, 2000

(see SUPPLEMENTARY INFORMATION).

Regulatory Flexibility Act

The Department of State, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and, by

approving it, certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities.

Unfunded Mandates Act of 1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $1 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 United States-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), Regulatory

Planning and Review.

Executive Order 13132

This regulation will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with section 6 of Executive

Order 13132, it is determined that this

rule does not have sufficient federalism

implications to require consultations or

warrant the preparation of a federalism

summary impact statement.

Paperwork Reduction Act

The reporting or recordkeeping action

required from the public under the rule

requires the approval of the Office of

Management and Budget under the

Paperwork Reduction Act. A form for

documenting the written consent of a

parent not applying or special

circumstances why such parent’s

written consent cannot be obtained is

being forwarded to OMB as required.

List of Subjects in 22 CFR Part 51

Administrative practice and

procedure, Passports and visas,

Reporting and recordkeeping

requirements.

Accordingly, for the reasons set forth

in the preamble, 22 CFR part 51 is

amended as follows:

PART 51—PASSPORTS

1. The authority citation for part 51 is

revised 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, Pub. L.106–113, 113 Stat. 1501A–

430; 18 U.S.C. 1621(a)(2).

2. In § 51.1, redesignate paragraphs (g)

and (h) as paragraphs (h) and (i),

respectively, and add a new paragraph

(g) to read as follows:

§ 51.1 Definitions.

* * * * *

(g) Passport Application means the

application form for a United States

passport, filled in, subscribed and

executed as prescribed by the Secretary

pursuant to 22 U.S.C. 213, and all

documents, photos and statements

submitted with the form or thereafter in

support of the application. A person

providing false information as part of a

passport application, whether

contemporaneously with the application

form or at any other time, is subject to

prosecution for passport fraud or

perjury under all applicable criminal

statutes, including but not limited to 18

U.S.C. 1001, 1541, et seq. and 1621.

* * * * *

3. Revise § 51.21(d)(4)(ii) to read as

follows:

§ 51.21 Execution of passport application.

* * * * *

(d) * * *

(4) * * *

(ii) Mail applications abroad on behalf

of minors under the age of 14 must

comply with the requirements of

§ 51.27;

* * * * *

4. In § 51.27, revise paragraph (b) and

paragraph (d)(l)(i) introductory text to

read as follows:

§ 51.27 Minors.

* * * * *

(b) Execution of the application for

minors. (1) Minors 14 years of age and

above. A minor aged 14 and above is

required to execute an application on

his or her own behalf unless, in the

judgment of the person before whom the

application is executed, it is not

desirable for the minor to execute his or

her own application. In such a case, it

must be executed on behalf of the minor

aged 14 and above by a parent or

guardian of the minor or by a person in

loco parentis.

(2) Minors under the age of 14. (i)

Except as specifically provided in this

section, both parents or each of the

child’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 14 under penalty of perjury, and

provide documentary evidence of

parentage showing the minor’s name,

date and place of birth, and the names

of the parent or parents.

(ii) A passport application may be

executed on behalf of a minor under age

Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Rules and Regulations 29907

14 by just one parent or legal guardian

if such person provides, under penalty

of perjury:

(A) Documentary evidence that such

person is the sole parent or has sole

custody of the child; or

(B) A written statement of consent

from the non-applying parent or

guardian, if applicable, to the issuance

of the passport.

(iii) An individual may apply in loco

parentis on behalf of a minor under age

14 by submitting a notarized written

statement or a notarized affidavit from

both parents specifically authorizing the

application. However, if only one parent

provides the notarized written statement

or notarized affidavit, documentary

evidence that such parent has sole

custody of the child must be presented.

(iv) Documentary evidence in support

of an application executed on behalf of

a minor under age 14 by one parent or

person in loco parentis under

paragraphs (b)(2)(ii) and (iii) of this

section may include, 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 the sole parent;

(B) A Consular Report of Birth Abroad

of a Citizen of the United States of

America (FS–240) or a Certification of

Report of Birth of a United States

Citizen (DS–1350) providing the minor’s

name, date and place of birth and the

name of the sole parent;

(C) An adoption decree showing only

one adopting parent;

(D) An order of a court of competent

jurisdiction granting sole custody to the

applying parent or legal guardian and

containing no travel restrictions

inconsistent with issuance of the

passport;

(E) A judicial declaration of

incompetence of the non-applying

parent;

(F) An order of a court of competent

jurisdiction specifically permitting the

applying parent’s or guardian’s travel

with the child;

(G) A death certificate for the nonapplying parent; or

(H) A copy of a Commitment Order or

comparable document for an

incarcerated parent.

(v) In instances when a parent

submits a custody decree invoking the

provisions of paragraph (d)(1) of this

section, the judicial limitations on the

minor’s ability to travel contained in the

custody decree will be given effect.

(vi) The requirements of paragraphs

(b)(2)(i), (ii) and (iii) of this section may

be waived in cases of exigent or special

family circumstances, as determined by

a Department official designated under

paragraph (b)(2)(vi)(E) of this section.

(A) 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 child being

separated from the rest of his or her

traveling party.

(B) ‘‘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/guardians or documentation

reflecting a sole parent’s/guardian’s

custody rights.

(C) Special family circumstances are

circumstances in which the minor’s

family situation makes it impossible for

one or both of the parents to execute the

passport application.

(D) A parent applying for a passport

for a child under age 14 under this

paragraph (b)(2)(vi) must submit with

the application a written statement

subscribed under penalty of perjury

describing the exigent or special family

circumstances the parent believes

should be taken into consideration in

applying an exception.

(E) Determinations under this

paragraph (b)(2)(vi) may be made by a

senior passport adjudicator or the

Deputy Assistant Secretary for Passport

Services for an application filed within

the United States, or a consular officer

or the Deputy Assistant Secretary for

Overseas Citizens Services for an

application filed abroad.

(vii) Nothing contained in this section

shall prohibit any Department official

adjudicating a passport application 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 14 in accordance with

the provisions of this regulation.

* * * * *

(d) * * *

(1)(i) When there is a dispute

concerning the custody of a minor

under age 18, a passport may be denied

if the Department has on file, or is

provided in the course of a passport

application executed on behalf of a

minor, a copy of a court order from a

court of competent jurisdiction in the

United States or abroad which:

* * * * *

5. Revise § 51.40 to read as follows:

§ 51.40 Burden of proof.

The applicant has the burden of

proving that he or she is a national of

the United States.

6. Revise § 51.41 to read as follows:

§ 51.41 Documentary evidence.

Every application shall be

accompanied by evidence of the U.S.

nationality of the applicant.

Dated: May 10, 2001.

For the Secretary of State.

Mary A. Ryan,

Assistant Secretary for Consular Affairs,

Department of State.

[FR Doc. 01–13845 Filed 6–1–01; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–048]

Safety Zone: Captain of the Port

Detroit Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation of

final rule.

SUMMARY: The Coast Guard is

implementing safety zones for annual

fireworks displays in the Captain of the

Port Detroit Zone during June 2001.

This action is necessary to provide for

the safety of life and property on

navigable waters during these events.

These zones will restrict vessel traffic

from a portion of the Captain of the Port

Detroit Zone.

DATES: Effective from 12:01 a.m.(EST)

on June 1, 2001 to 11:59 p.m.(EST) on

June 30, 2001.

FOR FURTHER INFORMATION CONTACT:

Ensign Brandon Sullivan, U.S. Coast

Guard Marine Safety Office Detroit, MI

(313) 568–9580.

SUPPLEMENTARY INFORMATION: The Coast

Guard is implementing the permanent

safety zones in 33 CFR 165.907

(published May 21, 2001, in the Federal

Register, 66 FR 27868), for fireworks

displays in the Captain of the Port

Detroit Zone during June 2001. The

following safety zones are in effect for

fireworks displays occurring in the

month of June 2001:

(1) Bay-Rama Fishfly Festival, New

Baltimore, MI. Location: All waters off

New Baltimore City Park, Lake St. ClairAnchor Bay bounded by the arc of a

circle with a 300-yard radius with its

center located at approximate position

42° 41′N, 082° 44′W, June 13, 2001, from

9 p.m. to 11 p.m.

(2) Jefferson Beach Marina Fireworks,

St. Clair Shores, MI. Location: All

waters of Lake St. Clair within a 300-

yard radius of the fireworks barge in

approximate position 42° 32′N, 082°