[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23717]
[[Page Unknown]]
[Federal Register: September 26, 1994]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Parts 22 and 51
[PN 2083]
Fee for Expedited Passport Processing
agency: Bureau of Consular Affairs, Department of State.
action: Interim final rule with request for comment.
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summary: This rule amends the Schedule of Consular Fees and the
passport regulations to reflect that an additional fee will be charged
within the United States for expediting the processing of passports.
The service will be provided upon payment of the fee when requested by
the applicant and justified by urgent departure plans.
The rule establishes what service is provided for the fee;
establishes when the fee will be charged; sets the amount of the fee;
establishes the documentation the applicant will need to present to
obtain the service; defines the limited situations when the fee will
not be charged; provides for a refund when expedited services cannot be
given; and provides that the after hours surcharge for consular
services will not be charged within the United States.
dates: Effective Date: October 1, 1994.
Comments: Interested persons are invited to submit written comments
on or before November 1, 1994.
addresses: Director, Office of Passport Policy and Advisory Services,
1111-19th Street NW., Washington, DC 20522-1705.
for further information contact: William B. Wharton, Director, Office
of Passport Policy and Advisory Services, 1111-19th Street NW.,
Washington, DC 20522-1705. Tel. (202) 955-0221.
supplementary information: On August 26, 1994, the President signed
into law Public Law 103-317, the Department of State and Related
Agencies Appropriations Act, 1995. The Diplomatic and Consular Programs
appropriation in this Act provides that ``all receipts received from a
new charge from expedited passport processing'' shall, in effect, be
retained by the Department of State in the ``Diplomatic and Consular
Programs account'' and available until expended. See S. Rept. 103-309,
at 123 (July 14, 1994).
To utilize this new fee retention authority consistent with
congressional intent, the Department of State is, in this rule,
establishing a new fee for expedited passport processing. The
Department already has specific authority to establish passport fees
under 22 U.S.C. 214, as amended (which normally requires that fees be
collected into the U.S. Treasury). The Department also is authorized to
establish fees for passport related services under 31 U.S.C. 9701, a
reference to which is being added to the authorities section of 22 CFR
part 51.
Public Law 103-317 authorizes the Department to retain the new fee
for expedited passport processing.
The Schedule of Fees for Consular Services, 22 CFR 22.1 is amended
to add Item 14, Passport Expedite Fee and to limit the application of
the after hours fee, Item 93, to posts abroad. The after-hours fee has
been used domestically only in cases where passport agencies were open
after hours to process urgent passport requests. These costs will now
be subsumed in the expedited processing fee. 22 CFR part 51 is amended
to add section 51.67 to provide for the expedited processing of a
passport within the United States upon payment of the passport expedite
fee. Section 51.64(f) is added to provide for a refund of the expedite
fee when the expedited service is not, in fact, provided.
The new fee will be in addition to any other applicable fee. The
expedite fee will not cover the cost of urgent mailing fees, if
required.
The new fee is being set at $30.00, consistent with the
Department's consultations with Congress before Public Law 103-317 was
enacted. This fee will ensure that the costs of processing passports on
an expedited basis, as reflected in the Department's 1991 consular fees
cost study, are borne by those who receive that service and that the
Department recovers additional costs associated with implementing this
fee and eliminating the separate charge for overtime work. (As noted by
Congress, for example, up to 60% more time is required to process a
passport application on an expedited basis than to provide normal
processing services.)
If expedited processing is granted, the Department, through the
Passport Agencies, will undertake to process the passport within three
business days. The expedited service covered by the new fee begins when
the application is received by a Passport Agency through personal
delivery; by mail; or, if the application is already at an Agency, when
the request to expedite is approved. If the applicant's planned
departure is within fewer than three days, the Passport Agency may be
able to accommodate this shorter period.
There will be situations in which expedited passport processing
cannot be completed within three days. Such circumstances could include
cases in which the applicant does not submit adequate documentation;
the applicant is the subject of an unresolved civil or criminal law
enforcement matter; or, passport equipment breaks down. The Department
expects that these situations will be very rare. In such circumstances,
the applicant will be notified and the fee will be refunded.
The rule provides for waiver of the expedite fee in cases where the
need for expedited processing results from a mistake by the Department
in processing the application. No waiver of the fee will otherwise be
made.
To ensure that expedited processing is used only by those who have
urgent travel plans, the regulation requires a person requesting this
service to provide confirmed tickets or an itinerary showing his or her
imminent departure in less than ten days or showing special visa needs.
This rule takes effect on October 1, 1994, the beginning of Fiscal
Year 1995, the fiscal year covered by Public Law 103-317. The
implementation of this rule as an interim final rule with provision for
post-promulgation comments is based upon the ``good cause'' exception
found at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). Delay in implementing
this provision of Public Law 103-317 would be contrary to congressional
expectations that the Department will begin collection of this fee at
the beginning of FY 1995.
This rule is not expected to have a significant impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. In addition, this rule does not impose
information collection requirements under the provisions of the
Paperwork Reduction Act of 1980. This rule has been reviewed as
required by E.O. 12778 and certified to be in compliance therewith.
This rule is exempt from review under E.O. 12866, but has been reviewed
internally by the Department to ensure consistency with the objectives
thereof.
List of Subjects in 22 CFR Part 22 and Part 51
Passports and visas, Schedule of fees for consular services.
PART 22--[AMENDED]
For the reasons set forth in the preamble, 22 CFR is amended as
follows:
1. The authority citation for Part 22 is revised to read as
follows:
Authority: Secs. 3, 4, 63 Stat. 111, as amended; 22 U.S.C. 211a,
214; 2651, 2658, 3921, 4219; 31 U.S.C. 9701; Title V, Pub. L. 103-
317, 108 Stat. 1724; E.O. 10718, 3 CFR, 1954-1958 Comp., p. 382;
E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570, unless otherwise noted.
2. Section 22.1 is amended by adding Item 14 under ``Passport and
Citizenship Services'' to read as follows:
Sec. 22.1 Schedule of fees.
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Item No. Fee
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* * * * *
14. Expedited Passport Processing Within the United States--30.00.
* * * * *
3. Item 93 of Sec. 22.1 is amended by removing the words ``in the
United States or''; by removing the comma and inserting the word ``or''
between ``Consul General'' and ``the supervising consular officer'';
and, by removing the words ``or the Passport Agency Director''.
4. The authority citation for Part 51 is revised to read as
follows:
Authority: 22 U.S.C. 211a, as amended; 22 U.S.C. 2658, 3926;
sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017; 31 U.S.C. 9701; E.O.
11295, 3 CFR, 1966-1970 Comp., p. 570; Pub. L. 100-690; sec. 129,
Pub. L. 102-138, 105 Stat. 661; sec. 503, Pub. L. 102-140, 105 Stat.
820; Title V, Pub. L. 103-317, 108 Stat. 1724, unless otherwise
noted.
5. Section 51.64 is amended by adding paragraph (f) to read as
follows:
Sec. 51.64 Refunds.
* * * * *
(f) The passport expedite fee will be refunded if the Passport
Agency does not provide the requested expedited processing as defined
in Sec. 51.67.
6. Section 51.67 is added, to read as follows:
Sec. 51.67 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.
(b) Expedited passport processing shall mean completing processing
within 3-business days commencing when the application reaches a
Passport Agency or, if the application is already with a Passport
Agency, commencing when the request for expedited processing is
approved. The processing will be considered completed when the passport
is ready to be picked up by the applicant or is mailed to the
applicant.
(c) The fee for expedited service is $30.00. This amount will be in
addition to any other applicable fee and does not include urgent
mailing costs, if any.
(d) A request for expedited processing normally will be accepted
only if the applicant can document urgent departure with airline
tickets showing confirmed reservation or similar evidence. The Passport
Agency may decline to accept the request if it is apparent at the time
it is made that the request cannot be granted.
(e) The expedite fee may be waived only where the need for
expedited processing was necessary due to Department error, mistake or
delay.
Dated: September 16, 1994.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 94-23717 Filed 9-23-94; 8:45 am]
BILLING CODE 4710-06-P
