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Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034;

February 26, 1979); and (3) does not

warrant preparation of a regulatory

evaluation as the anticipated impact is

so minimal. Since this is a routine

matter that will only affect air traffic

procedures and air navigation, it is

certified that this proposed rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this

action qualifies for categorical exclusion

under the National Environmental

Policy Act in accordance with FAA

Order 1050.1F, ‘‘Environmental

Impacts: Policies and Procedures,’’

paragraph 5–6.5a. This airspace action

is not expected to cause any potentially

significant environmental impacts, and

no extraordinary circumstances exist

that warrant the preparation of an

environmental assessment.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

B, C, D, AND E AIRSPACE AREAS; AIR

TRAFFIC SERVICE ROUTES; AND

REPORTING POINTS

■ 1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(f), 106(g); 40103,

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,

1959–1963 Comp., p. 389.

§ 71.1 [Amended]

■ 2. The incorporation by reference in

14 CFR 71.1 of FAA Order JO 7400.11H,

Airspace Designations and Reporting

Points, dated August 11, 2023, and

effective September 15, 2023, is

amended as follows:

Paragraph 6005 Class E Airspace Areas

Extending Upward From 700 Feet or More

Above the Surface of the Earth.

* * * * *

ASO GA E5 Winder, GA [Amended]

Barrow County Airport, GA

(Lat 33°58′58″ N, long 83°40′02″ W)

That airspace extending upward from 700

feet above the surface within a 7.1-mile

radius of Barrow County Airport.

* * * * *

Issued in College Park, Georgia, on April

25, 2024.

Andreese C. Davis,

Manager, Airspace & Procedures Team South,

Eastern Service Center, Air Traffic

Organization.

[FR Doc. 2024–09646 Filed 5–10–24; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF STATE

22 CFR Parts 50, 51, and 71

[Public Notice: 12387]

RIN 1400–AF54

Third-Party Attendance at

Appointments for Passport, Consular

Report of Birth Abroad (CRBA), and

Certain Other Services

AGENCY

: Department of State.

ACTION

: Final rule.

SUMMARY

: This rule adopts as final the

notice of proposed rulemaking (NPRM)

published in the Federal Register on

July 26, 2023. This final rule provides

that private attorneys, interpreters, and

other third parties may attend certain

appointments at passport agencies and

centers and at U.S. embassies and

consulates overseas to assist the person

requesting services (the applicant/

requester). This rule permitting third-

party attendance will apply only to

appointments in support of an

application for a U.S. passport, either

domestically or overseas; to

appointments related to a request for a

Consular Report of Birth Abroad or a

Certificate of Loss of Nationality of the

United States (CLN); and to other

appointments for certain other services

offered by American Citizens Services

(ACS) units at U.S. embassies and

consulates overseas (posts). In addition,

this final rule includes technical

corrections to clarify who may act as a

consular officer for purposes of the

Protection and Welfare of Citizens and

their Property.

DATES

: The final rule is effective June

12, 2024.

FOR FURTHER INFORMATION CONTACT

Jennifer Tinianow, Office of

Adjudication, Passport Services, (202)

485–8800, or email

PassportOfficeofAdjudicationGeneral@

state.gov.

SUPPLEMENTARY INFORMATION

: The

Department of State (Department)

published a proposed rule (Public

Notice 11999) on July 26, 2023, at 88 FR

48143, with 60 days provided for public

comment. This final rule amends title

22 of the Code of Federal Regulations

(CFR) by updating parts 50, 51, and 71

to publish regulations regarding when

attorneys, interpreters, or other third

parties may attend an appointment

either domestically or overseas for a

U.S. passport, Consular Report of Birth

Abroad (CRBA), Certificate of Loss of

Nationality (CLN) services, or for certain

other U.S citizen services offered by

ACS units at post.

Additionally, the final rule includes

technical amendments to 22 CFR part 71

to clarify that appropriately designated

Department employees, in addition to

officers of the Foreign Service, may

assist U.S. citizens seeking assistance at

overseas posts. This change is consistent

with federal law and regulations which

were amended after 22 CFR part 71 was

established in 1957.

Analysis of Comments

The comment period for the proposed

rule closed September 25, 2023, after a

60-day comment period. Three

comments were received. One comment

expressed unqualified support for the

rule, noting that third-party assistance at

the applicant’s expense is crucial to

disabled persons, the elderly, children,

and many other people requesting U.S.

citizens services. The other two

comments also specifically expressed

appreciation for the role that

professional assistance of counsel may

provide. The comments raised the

following topics:

Topic 1: Qualifications of Attorney,

Other Third-Party Attendee

Two commenters expressed concern

that the draft rule does not specify any

qualifications that an attorney and/or

other third party must have as a

prerequisite to attending covered

appointments. In particular, the

commenters expressed concern about

unauthorized practice of law.

The Department has previously

considered whether to develop specific

requirements that an individual must

meet (and presumably establish to the

satisfaction of the U.S. diplomatic or

consular officer) to qualify as an ‘‘other

third party’’ with a view, in part, to

protect against unauthorized practice of

law by, e.g., non-attorney immigration

consultants. We have also considered

whether to limit the definition of

‘‘attorney’’ to persons admitted to the

bar of and licensed to practice in a U.S.

state who are in good standing.

However, in promulgating this rule, the

Department is not seeking to regulate

the person who a U.S. citizen chooses

to accompany them to their

appointment. While there is no

Department-imposed requirement that

an applicant/requester be represented

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by an attorney or other third party

(regardless of qualifications) to apply for

a U.S. passport, Consular Report of Birth

Abroad, or any other covered service,

the Department recognizes that some

U.S. citizens may wish for a private

attorney, interpreter and/or other third

party of their choice to physically

accompany them to the appointment.

Particularly when an individual is

seeking to document their citizenship

and/or request other services offered by

the American Citizens Services Unit at

a U.S. embassy or consulate, the

Department’s goal is to facilitate as

much as possible a U.S. citizen’s choice

of whom, if anyone, they wish to

accompany them. This discretion to

choose may be critical for persons of

limited resources who may not be able

to afford an attorney, and/or for the

most vulnerable, including the elderly

or disabled. Additionally, time and

resource constraints as well as logistical

difficulties in establishing a set of

required qualifications to apply equally

in all cases, which would require post

and/or headquarters to verify

information to ensure compliance,

would unnecessarily complicate and

limit the applicant/requester’s ability to

identify someone who may be eligible to

accompany them. The Department will

confirm that the applicant/requester has

asked the third party to be present and

will verify that the third party is cleared

by Diplomatic Security using the

applicable security procedures. The

Department will include appropriate

language on its public-facing website

about the policy that will also inform

the public that: (1) the Department does

not require anyone to have an attorney

or other third party to obtain and/or

attend an appointment for a covered

service; (2) the Department neither

requires a third party to have, nor does

the Department check to ensure that a

third party has, any specific

qualifications (beyond meeting security

requirements); and, (3) that permitting a

third party to attend an appointment in

no way constitutes an endorsement of

the third party and/or a representation

that the third party has certain, or any,

qualifications and/or ability to provide

any assistance to the applicant/

requester.

Topic 2: Scope of Covered

Appointments

One comment urged the Department

to consider expanding the proposed rule

to allow attorneys to accompany their

clients to immigrant visa and

nonimmigrant visa interviews at U.S.

embassies and consulates abroad. For

decades the Department has deferred to

consular sections in deciding whether

attorneys or other third parties may be

present at a visa interview; applying a

uniform approach surrounding visa

appointments does not account for the

differing capacity, logistical, and

security constraints, among other

considerations that only the consular

section can best assess. There are also

different legal requirements and

considerations pertaining to visa

interviews that must be examined. For

these reasons, we continue to defer to

consular sections in deciding whether

attorneys or other third parties may be

present at a visa interview.

Topic 3: Proposed Amendments to 22

CFR 50.40(f)

One commenter requested that the

Department ‘‘more clearly reflect and

clarify’’ the view that an applicant’s/

requester’s attorney may be present

throughout all stages of the process to

request a Certificate of Loss of

Nationality of the United States (CLN),

up to and including the administration

of the oath of renunciation, as

articulated by Edward A. Betancourt in

his 2008 letter to the commenter

(attached to the comment).

The Department recognizes the

importance of consistent application

across all posts of a rule permitting an

attorney, interpreter, and/or other third

party to attend interviews related to a

request for a CLN and to be present (at

the request of the U.S. citizen) when a

U.S. diplomatic or consular officer

administers an oath of renunciation to

the U.S. citizen under Immigration and

Nationality Act section 349(a)(5) (8

U.S.C. 1481). The Department intends to

take all appropriate steps to ensure

compliance with the terms of this rule,

and will update guidance to its

employees in its Foreign Affairs Manual

(FAM). To the extent that the

commenter may be requesting a change

to the proposed text of the rule to ‘‘more

clearly reflect and clarify’’ the views

articulated by Edward A. Betancourt in

2008, the Department believes that the

text of 22 CFR 50.40(f) is clear and

consistent with such views and declines

to further amend the text.

Specifically, 22 CFR 50.40(f) provides

that individuals may, at their own

expense, have a private attorney,

interpreter, and/or other third party of

their own choice physically present

during any in-person appointment,

including interview appointments, at a

U.S. embassy or consulate abroad

related to a request for a Certificate of

Loss of Nationality (CLN) [emphasis

added]. The words ‘‘any in-person

appointment’’ clearly encompass any in-

person appointment, including one at

which the oath of renunciation is

administered.

Secondly, even though the text will

generally permit an attorney’s physical

presence at any in-person appointment,

consistent with the views expressed by

Edward A. Betancourt in his 2008 letter,

the text in 22 CFR 50.40(f)(4) clearly

provides for diplomatic or consular

officer discretion by stating the

diplomatic or consular officer

conducting the interview shall have the

discretion to interview the individual

alone, without an attorney and/or other

third party present, when necessary to

evaluate whether the individual has

performed a potentially expatriating act

independently, free from duress or

coercion, and with intent to relinquish

U.S. nationality.

While this text is somewhat broader

than that which Edward A. Betancourt

used in his 2008 letter (i.e., Mr.

Betancourt stated that the U.S.

diplomatic or consular officer may

exercise discretion in determining

whether to permit an attorney to attend

the oath of renunciation, whereas this

rule covers any stage of the process as

warranted by the circumstances),

diplomatic or consular officer discretion

supports the consular officer’s

responsibility to evaluate voluntariness

and intent and helps ensure the

integrity of the process at all stages,

including at an initial interview.

Finally, although the text of 22 CFR

50.40(f) specifies that the requester must

personally respond to the diplomatic or

consular officer’s questions, it does not

preclude an attorney from addressing

the consular officer should a legal

question arise during the interview.

Regulatory Findings

Administrative Procedure Act

The Department published this

rulemaking as a proposed rule and

provided 60 days for public comment.

The effective date of this final rule will

be 30 days from date of publication.

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

rulemaking will not have a significant

economic impact on a substantial

number of small entities. Only

individuals, and no small entities, apply

for passports or CRBAs or other services

offered by the American Citizens

Services (ACS) units at U.S. embassies

and consulates overseas.

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Congressional Review Act

This rule has not been designated as

‘‘major’’ within the meaning of the

Congressional Review Act, 5 U.S.C. 801

et seq.

Unfunded Mandates Act of 1995

This final rule does not result in the

expenditure by state, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any year and it will not significantly

or uniquely affect small governments.

Therefore, no actions were deemed

necessary under the provisions of the

Unfunded Mandates Reform Act of

1995.

Executive Orders 12866, 14094, and

13563

The Department has reviewed this

final rule to ensure its consistency with

the regulatory philosophy and

principles set forth in Executive Order

12866. Applicants appearing for

passport and/or CRBA appointments, or

seeking certain other services from an

ACS unit overseas, occasionally request

that a private attorney, interpreter, or

other third party physically accompany

them to the appointment; however,

there is nothing in the Department’s

regulations that currently addresses this.

The Department finds that the cost of

this rulemaking to the public is

expected to be minimal and provides a

potential benefit to individuals who

wish an attorney, interpreter, or other

third party to accompany them to a

passport, CRBA, or other appointment at

an ACS unit overseas. At the same time,

those who wish to appear without being

accompanied by such individuals may

do so; this rulemaking does not mandate

any change in the public’s behavior.

Additionally, the Department does not

anticipate that demand for passport,

CRBA, or other services at ACS units

overseas will change as a result of this

rulemaking. In summary, the

Department anticipates no substantive

impact on the public from this final

rule. The Department of State has

considered this final rule in light of

Executive Order 13563, dated January

18, 2011, and affirms that this regulation

is consistent with the guidance therein.

Executive Orders 12372 and 13132—

Federalism

This rule will not have substantial

direct effects on the States, on the

relationship between the National

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with section 6 of Executive

Order 13132, it is determined that this

rulemaking does not have sufficient

federalism implications to require

consultations or warrant the preparation

of a federalism summary impact

statement. The regulations

implementing E.O. 12372 regarding

intergovernmental consultation on

Federal programs and activities do not

apply to this regulation.

Executive Order 13175—Consultation

With Tribal Governments

The Department has determined that

this rulemaking does not have tribal

implications, does not impose

substantial direct compliance costs on

Indian tribal governments, and does not

pre-empt tribal law. Accordingly, the

requirements of E.O. 13175 do not apply

to this rule.

Paperwork Reduction Act

This rulemaking does not impose any

new reporting or recordkeeping

requirements subject to the Paperwork

Reduction Act, 44 U.S.C. Chapter 35.

List of Subjects

22 CFR Part 50

Citizenship and Naturalization.

22 CFR Part 51

Passports.

22 CFR Part 71

Protection of U.S. citizens abroad.

Accordingly, for the reasons set forth

in the preamble, 22 CFR parts 50, 51,

and 71 are amended as follows:

PART 50—NATIONALITY

PROCEDURES

■ 1. The authority for part 50 continues

to read as follows:

Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104

and 1401 through 1504.

■ 2. Amend § 50.40 by adding paragraph

(f) to read as follows:

§ 50.40 Certification of loss of U.S.

nationality.

* * * * *

(f) Attorney or Other Third-Party

Presence at In-Person CLN

appointments. Individuals may, at their

own expense, have a private attorney,

interpreter, or other third party of their

own choice physically present during

any in-person appointment, including

interview appointments, at a U.S.

embassy or consulate abroad related to

a request for a Certificate of Loss of

Nationality (CLN); provided that:

(1) The individual and/or the attorney

or other third party shall provide

advance notice of the attorney’s or other

third party’s intent to attend the CLN

appointment in the manner specified by

the Department of State and/or the

specific U.S. embassy or consulate

where the appointment is to take place;

(2) The individual requesting the CLN

must appear in person for the

mandatory in-person interview

appointment(s); attendance by an

attorney or other third party shall not be

in lieu of the individual’s in-person

appearance;

(3) The diplomatic or consular officer

will direct all interview questions to the

individual requesting the CLN, and the

individual must personally respond to

the consular officer;

(4) The diplomatic or consular officer

conducting the interview shall have the

discretion to interview the individual

alone, without an attorney or third-party

present, when necessary to evaluate

whether the individual has performed a

potentially expatriating act

independently, free from duress or

coercion, and with intent to relinquish

U.S. nationality;

(5) Nothing in this section abrogates

any policies, security directives, and

guidelines from the Department, Chief

of Mission, or Diplomatic Security

Service regarding admission to or

conduct in the U.S. embassy or

consulate. All persons entering a U.S.

embassy or consulate shall comply with

all policies, security directives,

guidelines, and protocols including but

not limited to those regarding security,

identification, screening, electronic

devices, recording, health, and conduct.

Individuals may be refused entry or

directed to leave the U.S. embassy or

consulate for noncompliance with such

policies, directives, guidelines, and

protocols.

■ 3. Add subpart D, consisting of

§ 50.52, to read as follows:

Subpart D—Third-Party Attendance at

Appointments for Passport and

Consular Report of Birth Abroad

(CRBA) Appointments

§ 50.52 Attorney or other third-party

assistance.

(a) A person appearing for a passport

appointment at a passport agency or

center domestically or a U.S. embassy or

consulate overseas or for a Consular

Report of Birth Abroad (CRBA)

appointment overseas may be physically

accompanied by a private attorney,

interpreter, or other third party of their

own choice at their own expense to

provide assistance. All regulations

related to passport and CRBA

applications in this chapter continue to

apply.

(1) An applicant and/or their third-

party attendee or attorney may, at their

own expense, bring their own

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interpreter to any passport and/or CRBA

appointment, provided the applicant or

their attorney or third-party attendee

provides advance notice of such

attendance pursuant to guidance issued

by the Department.

(2) Attendance by an attorney or other

third party at the appointment does not

excuse the in-person appearance of the

applicant as outlined by 22 CFR 51.21

and 51.28.

(3) Nothing in this section abrogates

any policies, security directives, and

guidelines from the Department, Chief

of Mission, or Diplomatic Security

Service regarding admission to or

conduct in a domestic passport agency

or center or at a U.S. embassy or

consulate overseas. All persons entering

a domestic passport agency or center or

a U.S. embassy or consulate overseas

shall comply with all policies, security

directives, guidelines, and protocols,

including but not limited to those

regarding security, identification,

screening, electronic devices, recording,

health, and conduct. Individuals may be

refused entry or directed to leave the

U.S. embassy or consulate for

noncompliance with such policies,

directives, guidelines, and protocols.

PART 51—PASSPORTS

■ 4. The authority citation for part 51

continues to read as follows:

Authority: 8 U.S.C. 1504; 18 U.S.C. 1621;

22 U.S.C. 211a, 212, 212b, 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, 2714a, 2721, & 3926; 26 U.S.C. 6039E;

31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title

V of Pub. L. 103–317, 108 Stat. 1760]; E.O.

11295, Aug. 6, 1966, FR 10603, 3 CFR, 1966–

1970 Comp., p. 570; Pub. L. 114–119, 130

Stat. 15; Sec. 1 of Pub. L. 109–210, 120 Stat.

319; Sec. 2 of Pub. L. 109–167, 119 Stat.

3578; Sec. 5 of Pub. L. 109–472, 120 Stat.

3554; Pub. L. 108–447, Div. B, Title IV, Dec.

8, 2004, 118 Stat. 2809; Pub. L. 108–458, 118

Stat. 3638, 3823 (Dec. 17, 2004).

■ 5. Add § 51.29 to subpart B to read as

follows:

§ 51.29 Attorney or other third-party

assistance.

A person seeking passport services

may be physically accompanied by an

attorney, interpreter, or other third party

of their own choice at their own

expense in accordance with 22 CFR

50.52.

PART 71—PROTECTION AND

WELFARE OF CITIZENS AND THEIR

PROPERTY

■ 6. The authority citation for part 71 is

revised to read as follows:

Authority: 22 U.S.C. 3904; 22 U.S.C. 2715;

22 U.S.C. 2715a; 22 U.S.C 2715b; 22 U.S.C.

2715c; 22 U.S.C. 2671(b)(2); 22 U.S.C.

2671(d); 22 U.S.C. 2670(j); 22 U.S.C. 4196; 22

U.S.C. 4197.

■ 7. Revise § 71.1 to read as follows:

§ 71.1 Protection of Americans abroad.

(a) Consular officers shall perform

such duties in connection with the

protection of U.S. nationals abroad as

may be required by regulations

prescribed by the Secretary of State.

(b) U.S. citizens seeking protection,

welfare, or other routine American

Citizen Services, Special Consular

Services, and consular crisis

preparedness and response from an

American Citizens Services Unit at a

U.S. embassy or consulate may be

assisted in related proceedings by a

third party of their own choice at their

own expense in accordance with 22 CFR

50.52.

officer includes any United States

citizen employee of the Department of

State who is designated by the Deputy

Assistant Secretary of State for Overseas

Citizens Services to perform consular

services overseas.

§ 71.5 [Amended]

■ 8. Amend § 71.5 by removing the

words ‘‘officer of the Foreign Service’’

and adding ‘‘diplomatic or consular

officer of the United States’’ in its place.

§ 71.6 [Amended]

■ 9. Amend § 71.6 by removing the

words ‘‘Officers of the Foreign Service’’

and adding ‘‘Diplomatic or consular

officers of the United States’’ in its

place.

Rena Bitter,

Assistant Secretary, Bureau of Consular

Affairs, Department of State.

[FR Doc. 2024–10245 Filed 5–10–24; 8:45 am]

BILLING CODE 4710–25–P

DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG–2024–0258]

Special Local Regulations; Recurring

Marine Events, Seventh Coast Guard

District

AGENCY

: Coast Guard, DHS.

ACTION

: Notification of enforcement of

regulation.

SUMMARY

: The Coast Guard will enforce

special local regulations for the 86th

Annual Brunswick Blessing of the Fleet

event on May 11, 2024, to provide for

the safety of life on navigable waterways

during this event. Our regulation for

marine events within the Seventh Coast

Guard District identifies the regulated

area for this event in Brunswick, GA.

During the enforcement periods, no

person or vessel may enter, transit

through, anchor in, or remain within the

regulated area unless authorized by the

Coast Guard Patrol Commander or a

designated representative.

DATES

: The regulations in 33 CFR

100.701 will be enforced from 10 a.m.

through 4 p.m., on May 11, 2024, for the

regulated area listed in paragraph (d),

Item No. 1 of Table 1 to § 100.701.

FOR FURTHER INFORMATION CONTACT

: If

you have questions about this

notification of enforcement, call or

email Lieutenant Anthony Harris,

Marine Safety Unit Savannah

Waterways Division, U.S. Coast Guard;

telephone 912–210–8714, email at

[email protected].

SUPPLEMENTARY INFORMATION

: The Coast

Guard will enforce special local

regulations in 33 CFR 100.701 for the

86th Annual Brunswick, Blessing of the

Fleet event regulated area identified in

paragraph (d) of Table 1 to § 100.701,

Item No. 1, from 10 a.m. through 4 p.m.

on May 11, 2024. This action is being

taken to provide for the safety of life on

navigable waterways during this event.

Our regulation for recurring marine

events within the Seventh Coast Guard

District, § 100.701, Table 1 to § 100.701,

paragraph (d), Item No.1, specifies the

location of the regulated area for the

Annual Brunswick Blessing of the Fleet

event, which encompasses portions of

the Brunswick River from the start of

the East branch of the Brunswick River

(East Brunswick River) to the Golden

Isles Parkway Bridge. Under the

provisions of 33 CFR 100.701, all

persons and vessels are prohibited from

entering the regulated area, except those

persons and vessels participating in the

event, unless they receive permission to

do so from the Coast Guard Patrol

Commander, or designated

representative.

Under the provisions of 33 CFR

100.701, spectator vessels may safely

transit outside the regulated area, but

may not anchor, block, loiter in, impede

the transit of festival participants or

official patrol vessels or enter the

regulated area without approval from

the Coast Guard Patrol Commander or a

designated representative. The Coast

Guard may be assisted by other Federal,

State, or local law enforcement agencies

in enforcing this regulation. In addition

to this notice of enforcement in the

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lotter on DSK11XQN23PROD with RULES1