[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 5098-5103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1996]
[[Page 5097]]
_______________________________________________________________________
Part III
Department of State
_______________________________________________________________________
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates; Final Rule
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Rules
and Regulations
[[Page 5098]]
DEPARTMENT OF STATE
22 CFR Parts 22, 51, and 53
Public Notice 2711
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State Department.
ACTION: Final rule.
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SUMMARY: This final rule sets forth the fees for consular services to
take effect on February 1, 1998, and makes appropriate implementing and
other related changes in affected portions of Title 22 of the Code of
Federal Regulations. Specifically, the rule makes changes in the
Schedule of Fees for Consular Services (``Schedule of Fees'' or
``Schedule'') published in 22 CFR 22.1 and makes technical changes to
22 CFR part 51 (concerning passport fees) and 22 CFR part 53. The
changes to the Schedule of Fees include adjustments to existing fees
and the new processing fee for diversity visa applicants (see 22 CFR
42.33(i)), which took effect on October 1, 1997. The primary objective
of the adjustments to the Schedule of Fees is to ensure that the costs
of consular services are recovered through user fees to the maximum
extent appropriate and permitted by law. As a result of new data on the
cost of services, the passport fee is being lowered while most other
fees are being increased. In addition, the Schedule of Fees is being
restructured and streamlined. Fees for antiquated services no longer
performed are being removed and fees for other services are being
consolidated or more appropriately located, making the Schedule easier
to read and understand. Consular services that will be performed for no
fee are being added to the Schedule to facilitate tracking these
services and to inform the public of all significant consular services
provided by the Department.
The revised Schedule of Consular Fees was published as a proposed
rule in the Federal Register on December 1, 1997 (62 FR 63478-85).
During the 30-day public comment period, a small number of comments
were received from the general public. Those comments are addressed
under Supplementary Information below. For the reasons explained, the
Department is setting consular fees as originally proposed, but will be
making some changes in its crew list visa procedures to address
concerns raised by some members of the shipping industry. Minor
technical changes are being made in the wording of the Schedule for
purposes of clarification.
DATES: The effective date for these changes is February 1, 1998.
FOR FURTHER INFORMATION CONTACT: Sally Light, Office of the Executive
Director, Bureau of Consular Affairs, telephone (202) 647-1148; telefax
(202) 647-3677.
SUPPLEMENTARY INFORMATION: The public comments received by the
Department focused on three of the proposed changes in the Schedule
of Consular Fees: the imposition of the nonimmigrant visa
processing fee on each individual covered by a crew list visa; the
increase in visa fees; and the increase in the notarial fee. One
commentator also objected as a general matter to the increases in
fees, noting particularly, in addition to the notarial fee, the
citizenship adjudication fee and immigrant visa fees. The
Department's response to the comments received is described below.
Crew List Visas
The Department received comments from four foreign shipping
associations and four foreign shipping companies expressing concern
about the proposal to charge the nonimmigrant visa processing fee for
each person listed on a crew list for purposes of obtaining a crew list
visa. These commentators generally expressed concern about the
perceived increase in costs that would result from the proposed fee and
noted the special status of alien crewmen and the special function of
the crew list visa. The Department recognizes that the crew list visa
serves a special function and is conceptually different from an
individual nonimmigrant visa application. Central and common to
consular processing of both the crew list and the individual visa
application, however, is the automated namecheck that must be done for
each person in question. This is the single largest cost factor in
determining an individual alien's eligibility. Moreover, changes in
nonimmigrant visa processing have led to a situation where it is often
cheaper to process 50 individual visa applications than a crew list
with 50 names. For example, a travel agency might submit 50 individual
applications with machine readable passports under a post's mail-in
program. To review those applications, the post would scan the
passports and obtain the namecheck results quickly and efficiently. In
the case of the crew list, in contrast, the names of all 50 crew
generally would have to be manually entered before the namecheck could
be performed. The process in either case would be essentially the same,
but the processing of the crew list would be more costly.
These similarities create a strong presumption in favor of charging
the same fee for each person on a crew list as is charged for
processing a nonimmigrant visa application. While some nonimmigrant
visa applications may entail documentation and interviews not generally
required in the context of crew list visa processing, the same is true
of crew list visas, which may take very little time or a great deal of
time to process. Also, while a crew list visa is valid only for six
months and a single entry, some nonimmigrant visas are similarly
single-entry short-duration visas (sometimes as short as one month).
While the Department could establish separate fees for each kind of
visa, it instead decided to average the costs of all nonimmigrant visa
applications into a single, uniform fee and to include crew list visas
in this average. Establishing a single uniform fee vastly simplifies
and improves the efficiency of the Department's fee collection
procedures, a goal that is particularly important given the large
number of countries in which the Department has consular operations and
the challenge of reconciling millions of visa issuances with
collections. In many countries, banks are now collecting the
nonimmigrant visa processing fee from applicants who must go to the
bank and obtain a payment voucher before applying at the consulate;
having a single fee makes this banking function simpler and the
Department's bank contracts easier to administer. Conversely, to
attempt to establish different fees for different services within the
general class of nonimmigrant visa services would create administrative
and operational issues that would in themselves impose additional costs
on the Department.
These considerations have prompted the Department to adhere to its
original decision to charge for crew list visas on the same basis that
it charges for nonimmigrant visas generally. The Department has
decided, however, to make some changes in its crew list practices that
will help mitigate the cost of this service for the shipping industry
and ensure that ship owners receive maximum possible value each time
the fee is paid. At present, to obtain a crew list visa, a ship owner
pays the crew list fee, which varies by size of crew (and which at
present is well below cost). The owner also pays the MRV fee once,
since one machine readable visa is placed on the list. The crew list
with its visa is given by the shipper to INS at the ship's port of
entry. If the ship plans to enter at a second U.S. port, it must
[[Page 5099]]
obtain a second visaed crew list, paying the crew list and MRV fees a
second time. The more ports are entered, the more costly this
procedure. Under the Department's new procedures, when the crew list
visa is originally requested, the shipper will be able to submit
multiple copies of the crew list, one for each U.S. port of entry
anticipated within six months of visa issuance. When the namechecks are
completed, each copy of the crew list will be visaed. The $45 per name
fee will be paid only once for each name checked, there will be no
separate fee for the visa itself (since that cost is covered by the
$45), and there will be no additional charge for the visas placed on
multiple copies. This procedure will ensure that the Department
recovers its costs for the work actually done and maintains its
simplified fee collection process while also maximizing the value
received by the ship owner. The Department anticipates working closely
with the shipping industry and the Immigration and Naturalization
Service (INS) on these and related arrangements to ensure that the crew
list visa process works smoothly and efficiently.
Notarials
The Department received comments from two overseas American
citizens associations and six Americans residing abroad protesting the
increase in the notarial fee from $10 to $55. Some commentators took
the view that the proposed fee must be exorbitant because notarials in
their experience do not take long to perform--one commentator thought a
``few'' minutes, another five, another ten. One organization
representing Americans abroad assumed that the proposed fee of $55 was
based on ``what the market will bear''. The Department inferred from
some of these comments that it had not adequately explained the basis
for the proposed fee and that it may inadvertently have caused readers
to infer, wrongly, that the fee was being set above cost in order to
discourage persons from seeking notarial services from our consulates
instead of from local notaries. In fact, the $55 proposed fee is based
on the actual cost of services, averaged worldwide. On a worldwide
basis, while some notarials are very time-consuming because they
involve complex documents, the average notarial takes four minutes of
foreign service national employee (FSN) time and ten minutes of
consular officer time. The hourly cost of an FSN, again on a worldwide
average, when ``full loaded''--i.e., when direct and indirect costs are
included, is $164. The comparable figure for a consular officer is
$393. Using these hourly rates and applying them to the four and ten
minutes required, on average, results in a cost of $27 of FSN and $26
of consular officer time per notarial service, or a total of $53, which
is the primary consideration behind the $55 fee.
Thus, the fee reflects the simple reality that it is very expensive
for the United States to maintain consular facilities abroad to provide
notarial and other consular services. Once the cost of service has been
determined, the question is whether the actual user of the service
should bear the cost or whether the cost should be subsidized by non-
users. As explained when the fee was proposed, the key consideration
for the Department is the conclusion that having the actual users of
notarial services bear the cost of service is more appropriate than
having the user of the service pay less than cost and allocating the
costs not paid by the user to passport applicants, as has been done in
the past to hold the fee for notarial services well below costs.
Allocating the cost to passport applicants creates two anomalies:
first, most passport applicants never use notarial services; second,
the actual user of notarial services may be a non-U.S. citizen or a
business entity or representative and not a U.S. passport holder. In
addition, as the Department noted in the proposed rule, the practice of
pricing notarial services well below cost has had an adverse impact on
consular workload. This is certainly an appropriate factor for the
Department to consider in deciding whether to set the cost of notarial
services at cost or below costs. (The Department emphasizes, however,
that it is not setting the fee at ``market price'' or otherwise above
cost.)
The Department further notes that it is allocating to the passport
fee a variety of emergency and citizenship services that it believes
are appropriately borne by all passport holders and that it is setting
a single passport fee, which will result in domestic passport
applicants subsidizing the cost of providing passport processing
services abroad. (It costs $205 to issue a passport overseas.) The
Department believes it is in the public interest for all passport
applicants to subsidize the costs of some services performed for
American citizens overseas. One low worldwide passport fee furthers the
public interest of documenting Americans overseas. Thus, for example,
while the cost of issuing a Report of Birth overseas is $160, most of
that cost is included in the passport fee. The cost of registration of
American citizens at our embassies and consulates overseas to ensure
their protection in the event of a crisis also is included in the
passport fee. Finally, the passport fee includes the costs of
performing all death, arrest, welfare and whereabouts, and other
unpredictable emergency services for Americans overseas.
Notarial services, in contrast, are not emergency services
performed for Americans in distress or citizenship documentation
services. There is no public interest in requiring passport applicants
to subsidize private business or legal transactions for Americans and
non-Americans overseas. Thus, this is a consular service for which the
Department believes it is appropriate to expect the actual user to pay
the full cost. Having reviewed and considered the comments received,
the Department will establish the fee as previously proposed.
Other Comments
One organization representing Americans abroad also expressed
concern that the citizenship adjudication fee could discourage some
individuals from verifying their citizenship. The Department recognizes
an affirmative policy interest in having American citizens documented
as such, and has relied upon this policy consideration to allocate some
citizenship documentation costs to the worldwide passport fee (e.g.,
consular reports of birth abroad and passports issued overseas). In
setting the fee for citizenship adjudication, however, the Department
was faced with additional considerations. As explained previously, this
service is generally required in complex, time-consuming cases in which
the citizen was not documented prior to age 18. The delay in
documenting contributes to making these cases more difficult and is
most often the responsibility of the applicant and/or the applicant's
parents. Setting the fee at cost ensures that the actual user pays and
may, in the long term, encourage persons with citizenship claims to
seek documentation at an earlier time, when documentation will be
easier. In addition, INS provides the same service. If the Department's
fee is lower than the INS fee, as has been the case, there will be some
incentive for this work to shift from INS to State. For the Department
to set its fee for this service below cost would invariably contribute
to any such incentive--an undesirable result given the existing strains
on overseas consular resources. The Department continues to believe
that these countervailing considerations counsel in favor of setting
the fee at cost, and having the actual user of the service pay for it
in full, rather than setting the fee below cost with the
[[Page 5100]]
balance of the cost reallocated elsewhere.
Regulatory Findings
This rule is not considered to be a major rule for purposes of E.O.
12291 nor is it 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. 605(b). This rule does not impose information
collection requirements under the provisions of the Paperwork Reduction
Act, 44 U.S.C. Chapter 35. This rule has been reviewed as required by
E.O. 12988 and determined to be in compliance therewith. This rule is
exempt from E.O. 12866 but has been reviewed internally by the
Department to ensure consistency with the objectives thereof and by OMB
in light of its public policy implications. OMB has determined that the
rule would in any event not constitute a significant regulatory action
under E.O. 12866.
Effective Date--Good Cause Exception
The new Schedule of Consular Fees will take effect February 1,
1998, as originally indicated when the proposed rule was published.
Pursuant to 5 U.S.C. 553(d), there is good cause not to delay the
effective date past February 1. Delaying the effective date could cause
distortions in the Department's workload and strain already strained
resources, if the Department's customers sought to time their use of
services in light of anticipated increases or decreases in the
applicable fees. One of the most significant changes is the reduction
in the passport fees, and it is in the public interest to pass that
savings on to the public immediately. In this connection, the
Department notes that February 1 is when it begins to see an increase
in passport applications associated with planned spring and summer
travel. The Department estimates that putting the new passport fee into
effect February 1, rather than March 1, will save passport applicants
over $4 million, and that roughly $1 million will be saved in the first
week of February alone. On the other hand, to the extent fees are being
increased to reflect actual costs, it is clearly in the government's
interest to begin collections under the new schedule as soon as
possible. Beginning collections as soon as possible will minimize the
extent to which the taxpayer is subsidizing services that should be
paid for by the user. A substantial portion will be retained by the
Department for its border security program. The Department has
previously noted the high priority placed on upgrading and otherwise
improving its border security program, particularly since the World
Trade Center bombing, and the program could be adversely affected by
the loss of revenues that would result from delaying the effective
date. Finally, notice of the Department's proposal was first given on
December 1, 1997, and no changes are being made in the fees as
originally proposed.
List of Subjects
22 CFR Part 22
Consular services, Fees, Schedule of fees for consular services,
Passports and visas.
22 CFR Part 51
Passports, fees.
22 CFR Part 53
Passport requirement and exceptions.
Accordingly, parts 22, 51, and 53 are amended as follows:
PART 22--[AMENDED]
1. The authority citation for part 22 is revised to read as
follows:
Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C.
2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C.
9701; E.O. 10718, 22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O.
11295, 31 FR 10603, 3 CFR, 1966-1970 Comp., p. 570.
2. Section 22.1 is revised to read as follows:
Sec. 22.1 Schedule of fees.
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Item No. Fee
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Passport and Citizenship Services
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1. Passport Services:
(a) Execution. Required for first-time $15.00.
applicants and renewals under age 16.
(b) First-time issuance:
(1) Applicants age 16 or over................. $45.00 plus expedited processing fee if applicable.
(2) Applicants under age 16................... $25.00 plus expedited processing fee if applicable.
(c) Subsequent issuance (renewal):
(1) Applicants age 16 or over................. $40.00 plus expedited processing fee if applicable.
(2) Applicants under age 16................... $25.00 plus expedited processing fee if applicable.
(d) Expedited service (exclusive of express
mail charges) not applicable overseas:
(1) Requested guaranteed 3-day service........ $35.00.
(2) In-person service at a U.S. Passport $35.00.
Agency, unless the Department has determined
that the applicant is required to apply at a
U.S. Passport Agency.
2. Exemptions: The following applicants are exempted
from passport fees:
(a) Officers or employees of the United States No fee.
proceeding abroad or returning to the United
States in the discharge of their official
duties, or their immediate family members (22
U.S.C. 214).
(b) American seamen who require a passport in No fee.
connection with their duties aboard an
American flag vessel (22 U.S.C. 214).
(c) Widows, children, parents, or siblings of No fee.
deceased members of the Armed Forces
proceeding abroad to visit the graves of such
members (22 U.S.C. 214).
(d) Employees of the American National Red No fee.
Cross proceeding abroad as members of the
Armed Forces of the United States (10 U.S.C.
2602(c)).
(e) Peace Corps and Volunteer Leaders deemed No fee.
to be employees of the United States for
purposes of exemption from passport fees (22
U.S.C. 2504(a)).
3. File search and verification of U.S. citizenship $15.00.
when applicant has not presented evidence of
citizenship and previous records must be searched.
(This fee will not be charged when the applicant's
passport was stolen or lost overseas or when one of
the exemptions in item 38 is applicable.).
[[Page 5101]]
4. Determination or adjudication of U.S. citizenship $100.00.
for applicants born overseas who have not presented a
U.S. passport, Report of Birth Abroad of a Citizen of
the United States, or Certificate of Naturalization
or Citizenship from the Immigration and
Naturalization Service.
5. Passport amendments, to add current or new No fee.
information, change a name, extend a previous
passport time limitation, correct an administrative
error, validate a passport for travel to restricted
countries, or add extra pages.
6. Passport waiver (22 CFR 53.2(h), Passport No fee.
requirement and exceptions).
7. Registration of a U.S. Citizen at a U.S. Embassy or No fee.
Consulate when documentary proof of U.S. citizenship
has been presented.
8. Report of Birth Abroad of a Citizen of the United $40.00.
States (includes new no. 4).
9. Issuance of Replacement Report of Birth Abroad of a $40.00.
Citizen of the United States by the Department of
State in Washington. For fees relating to obtaining
documents from passport files and related records,
see Documentary Services, item 35 and succeeding.
(Item nos. 10 through 14 vacant.)
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Overseas Citizens Services
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General Overseas Assistance:
15. Arrest visits................................. No fee.
16. Assistance regarding the welfare and No fee.
whereabouts of a U.S. Citizen, including child
custody inquiries.
17. Loan processing:
(a) Repatriation loans........................ No fee.
(b) Emergency dietary assistance loans........ No fee.
(Item Nos. 18-20 vacant.)
Death and Estate Services:
21. Identification of remains and consultation No fee.
with family members of a U.S. Citizen.
22. Assistance to the next-of-kin in making No fee.
arrangements for shipping or other disposition of
remains of a U.S. Citizen.
23. Affidavit attesting to preparation and packing No fee.
of remains of a U.S. Citizen.
24. Issuance of consular mortuary certificate on No fee.
behalf of a U.S. Citizen.
25. Assistance in transshipment of remains of a $700.00.
foreign national to or through the United States,
including documentation covered by items 23 and
24.
26. Preparation of Report of Death of an American No fee.
Citizen Abroad, including sending copies to legal
representative and closest known relative or
relatives.
27. Acting as a provisional conservator of estates No fee.
of U.S. Citizens (other than U.S. Government
employees), by taking possession of, making an
inventory, and placing the official seal.
28. Acting as a provisional conservator of estates
of U.S. Citizens (other than U.S. Government
employees), by overseeing the appraisal, sale,
and final disposition of the estate, disbursing
funds, forwarding securities, etc.:
(a) Estates under $10,000..................... No fee.
(b) Estates $10,000 or more, for rendering Consular time (item 70) and costs.
services additional to taking possession,
inventorying, and placing the official seal.
(Item no. 29 vacant.)
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Services Relating to Vessels and Seamen
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30. Shipping and seamen services, including recording Per service, $80.00.
of bill of sale of vessel purchased abroad, taking of
application for certificate of American ownership,
and investigation.
31. Documentary services related to shipping, Per service, $650.00 plus costs incurred.
including issuance of certificate of American
ownership.
32. Services provided for an American vessel (a vessel No fee.
with a certificate of American ownership) or American
seamen. (22 U.S.C. 4206).
(Items nos. 33-34 vacant.)
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Documentary Services
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35. Notarials......................................... $55.00.
36. Certifications:
(a) Certifying under official seal that a copy $20.00; each additional copy $10.00.
or extract made from an official or a private
document is a true copy.
(b) Certifying under official seal a statement $20.00; each additional copy $10.00.
or extract from official files or a statement
that no record of an official file can be
located.
(c) Certifying the fact of issuance of a $20.00; each additional copy $10.00.
Report of Birth Abroad of a Citizen of the
United States and certifying copies of
documents relating to births, marriages, and
deaths of citizens abroad issued by a U.S.
Embassy or Consulate (obtainable from the
Department of State, Washington, D.C.).
37. Authentications:
(a) Certifying to official character of a $32.00.
foreign notary or other official (i.e.,
authenticating a document).
(b) Authenticating a federal, state, or $32.00.
territorial seal, or certifying to the
official status of an officer of the United
States Department of State or of a foreign
diplomatic or consular officer accredited to
or recognized by the United States
Government, or any document submitted to the
Department for that purpose.
[[Page 5102]]
38. Exemptions: Notarial, certification, and
authentication fees (items 35, 36, and 37) or
passport file search fees (item 3) will not be
charged when the service is performed:
(a) At the direct request of any federal No fee.
government agency (unless substantial costs
would be incurred).
(b) At the direct request of any state or No fee.
local government, the District of Columbia,
or any of the territories or possessions of
the United States (unless substantial costs
would be incurred).
(c) With respect to documents to be presented No fee.
by claimants, beneficiaries, or their
witnesses in connection with obtaining
federal, state, or municipal monetary
benefits.
(d) For American citizens outside the United No fee.
States preparing ballots for any public
election in the United States or any of its
territories.
(e) At the direct request of a foreign No fee.
government or an international agency of
which the United States is a member if the
documents are for official noncommercial use.
(f) At the direct request of a foreign No fee.
government official when appropriate or as a
reciprocal courtesy.
(g) At the direct request of U.S. Government No fee.
personnel, Peace Corps volunteers, or their
dependents stationed or travelling officially
in a foreign country.
(h) With respect to documents whose production No fee.
is ordered by a court of competent
jurisdiction.
(i) With respect to affidavits of support for No fee.
immigrant visa applications.
39. Executing commissions to take testimony in No fee.
connection with foreign documents for use in criminal
cases when the commission is accompanied by an order
of federal court on behalf of an indigent party.
40. Providing seal and certificate for return of $455.00.
letters rogatory executed by foreign officials.
41. Taking depositions or executing commissions to Per hour, $200.00 plus costs incurred.
take testimony.
(Items nos. 42-49 vacant.)
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Visa Services
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50. Immigrant visa application processing fee......... $260.00.
51. Immigrant visa application surcharge for Diversity $75.00.
Visa Lottery.
52. Immigrant visa issuance fee....................... $65.00.
53. Refugee case preparation and processing........... No fee.
54. Nonimmigrant visa application processing fee...... $45.00.
55. EXEMPTIONS from nonimmigrant visa application
processing fee:
(a) Applicants for A, G, C-2, C-3, and NATO No fee.
visas.
(b) Applicants for J visas participating in No fee.
official U.S. Government (USIA or USAID)
sponsored educational and cultural exchanges.
(c) Persons issued replacement machine No fee.
readable visas when the original machine
readable visa has not adhered to the passport
or other travel document through no fault of
the applicant.
(d) Persons exempted by international No fee.
agreement as determined by the Department.
(e) Persons travelling to participate in No fee.
charitable activities as determined by the
Department.
56. Nonimmigrant visa issuance fee, including border RECIPROCAL.
crossing cards.
57. EXEMPTIONS from nonimmigrant visa issuance fee:
(a) An official representative of a foreign No fee.
government or an international or regional
organization of which the U.S. is a member.
(b) An applicant transiting to and from the No fee.
United Nations headquarters.
(c) An applicant participating in a U.S. No fee.
Government sponsored program.
(d) Persons travelling to participate in No fee.
charitable activities as determined by the
Department.
58. Visa fingerprinting............................... $25.00.
59. Special visa processing services for aliens:
(a) Returning resident status................. $50.00.
(b) Transportation letter (unless waived in $120.00.
significant public benefit parole cases).
(c) Waiver of immigrant visa ineligibility $95.00.
(collected for INS; subject to change).
60. Filing immigrant visa petition (collected for INS; $80.00.
subject to change).
(Items nos. 61-64 vacant.)
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Administrative Services
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65. Non-emergency telephone calls..................... Local long distance rate plus $10.00.
66. Setting up and maintaining a trust account for 1 $20.00.
year or less to transfer funds to or for the benefit
of an American in need in a foreign country.
67. Transportation charges incurred in the performance Costs incurred.
of fee and no-fee services when appropriate and
necessary.
68. Emergency passport photo service overseas......... No fee.
69. Return check processing fee (only in the United $25.00.
States).
70. Consular time charges as required by this schedule Per hour, $180.00 plus costs incurred.
or for fee services performed away from the office or
after-duty-hours.
71. Photocopies (provided other than pursuant to 22 Per page, $1.00.
CFR Part 171 or order of a court of competent
jurisdiction).
(Item nos. 72-80 vacant.)
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[[Page 5103]]
Sec. 22.8 [Removed]
3. Section 22.8 is removed.
PART 51--[AMENDED]
4. The authority citation for part 51 is revised to read as
follows:
Authority: 22 U.S.C. 211a, 212, 213, 214, 214a, 216, 217a,
2671(d); 31 U.S.C. 9701; Sec. 129, Pub. L. 102-138, 105 Stat. 661;
E.O. 11295, 36 FR 10603, 3 CFR, 1966-1970 Comp., p. 570.
5. Section 51.61 is revised to read as follows:
Sec. 51.61 Passport fees.
Fees, including execution fees, shall be collected for the
following passport services in the amounts prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1):
(a) A fee for each passport issued, which fee shall vary depending
on whether the passport is issued to a first-time applicant or a
renewal applicant and on the age of the applicant. The passport
issuance fee shall be paid by all applicants at the time of
application, except as provided in Sec. 51.62(a).
(b) A fee for execution of the passport application, except as
provided in Sec. 51.62 (b), when the applicant is required to execute
the application in person before a person authorized to administer
oaths for passport purposes. This fee shall be collected as part of the
passport issuance fee at the time of application and is not refundable
(see 22 CFR 51.65). When execution services are provided by an official
of a state or local government or of the United States Postal Service,
the fee may be retained by that entity to cover the costs of service,
pursuant to an appropriate agreement with the Department of State.
(c) A fee for expedited services, if any, provided pursuant to 22
CFR 51.66.
6. Section 51.62 is removed and Secs. 51.63 through 51.66 are
redesignated as Secs. 51.62 through 51.65, respectively.
7. Newly redesignated Sec. 51.63 is amended in paragraph (a) by
changing ``Sec. 51.63'' to read ``Sec. 51.62'', and in paragraph (f) by
changing ``Sec. 51.67'' to read ``Sec. 51.66''.
8. Newly redesignated Sec. 51.66 is amended by revising paragraphs
(a) and (c) to read as follows:
Sec. 51.66 Expedited passport processing.
(a) Within the United States, an applicant for a passport service
(including issuance, amendment, extension, or the addition of visa
pages) may request expedited processing by a Passport Agency. All
requests by applicants for in-person services at a Passport Agency
shall be considered requests for expedited processing, unless the
Department has determined that the applicant is required to apply at a
U.S. Passport Agency.
* * * * *
(c) A fee shall be collected for expedited processing service in
the amount prescribed in the Schedule of Fees for Consular Services (22
CFR 22.1). This amount will be in addition to any other applicable fee
and does not include urgent mailing costs, if any.
PART 53--PASSPORT REQUIREMENT AND EXCEPTIONS
9. The title of Part 53 is revised to read as set forth above.
10. The authority citation for part 53 is revised to read as
follows:
Authority: 8 U.S.C. 1185; Proc. 3004, 18 FR 489, 3 CFR, 1949-
1953 Comp., p. 180.
Dated: January 22, 1998.
Bonnie M. Cohen,
Under Secretary for Management.
[FR Doc. 98-1996 Filed 1-29-98; 8:45 am]
BILLING CODE 4710-06-P
