Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 6321 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Alaskan Service Center, Operations 

Support Group, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to the Title 14 Code of Federal 

Regulations (14 CFR) part 71 to revise 

Jet Route J–120 by removing the 

segment from Fort Yukon to the BTI 

NDB. The BTI NDB decommissioning 

proposal was publicly circulated in 

Notice number 06–AAL–49NR. After 

reviewing public comment, the FAA 

decided that keeping the NDB was not 

feasible and that it should be 

decommissioned. 

Jet Routes are published in paragraph 

2004 of FAA Order 7400.9T, dated 

August 27, 2009 and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Jet Route listed in this 

document would be subsequently 

published in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive 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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the airspace necessary to ensure 

the safety of aircraft and the efficient 

use of airspace. This regulation is 

within the scope of that authority as it 

would modify a Jet Route in Alaska. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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(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 7400.9T, 

Airspace Designations and Reporting 

Points, dated August 27, 2009, and 

effective September 15, 2009, is to be 

amended as follows: 

Paragraph 2004 Jet Routes 

* * * * * 

J–120 [Amended] 

From Mt. Moffett, AK, NDB, via St. Paul 

Island, AK, NDB; Bethel, AK; McGrath, AK; 

Fairbanks, AK; to Fort Yukon, AK. 

Issued in Washington, DC on February 2, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–2709 Filed 2–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 22 

[Public Notice: 6887] 

RIN 1400–AC58 

Schedule of Fees for Consular 

Services, Department of State and 

Overseas Embassies and Consulates 

AGENCY: Bureau of Consular Affairs, 

State. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes 

adjustments in current fees for consular 

services. The Department of State is 

adjusting the fees in light of an 

independent cost of service study’s 

(‘‘CoSS’’) findings that the U.S. 

Government is not fully covering its 

costs for providing these services under 

the current fee structure. The primary 

objective of the adjustments to the 

Schedule of Fees is to ensure that fees 

for consular services reflect costs to the 

United States of providing the services. 

DATES: Written comments must be 

received on or before 30 days from 

February 9, 2010. 

ADDRESSES: Interested parties may 

submit comments by any of the 

following methods: 

• Persons with access to the Internet 

may view this notice and submit 

comments by going to the 

regulations.gov Web site at: http:// 

www.regulations.gov/index.cfm. 

• Mail (paper, disk, or CD–ROM): U.S. 

Department of State, Office of the 

Executive Director, Bureau of Consular 

Affairs, U.S. Department of State, Suite 

H1001, 2401 E Street NW., Washington, 

DC 20520. 

• E-mail: fees@state.gov. You must 

include the RIN (1400–AC58) in the 

subject line of your message. 

FOR FURTHER INFORMATION CONTACT: 

Amber Baskette, Office of the Executive 

Director, Bureau of Consular Affairs, 

Department of State; phone: 202–663– 

2599, telefax: 202–663–2499; e-mail: 

fees@state.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The proposed rule makes changes to 

the Schedule of Fees for Consular 

Services of the Department of State’s 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6322 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 

Bureau of Consular Affairs (‘‘Schedule of 

Fees’’ or ‘‘Schedule’’), as well as a 

conforming amendment to 22 CFR 

51.51(d). As discussed below, full cost 

recovery is the basis on which consular 

fees are ordinarily set and collected. In 

line with this principle, the Department 

has reviewed its current consular fees 

based on a recently completed CoSS, 

and decided to implement a number of 

changes to the Schedule of Fees. 

Two of these changes are particularly 

noteworthy. First, the proposed rule 

establishes a tiered application 

processing fee for immigrant visas 

depending on the category, as 

determined by the cost to the U.S. 

Government of processing that 

particular category of visa. Second, the 

proposed rule increases the adult 

passport book application fee from $55 

to $70 to make this fee more consistent 

with full cost recovery. Moreover, 

certain consular services performed for 

no fee are included in the Schedule so 

that members of the public will be 

aware of significant consular services 

provided by the Department for which 

they will not be charged. 

Nonimmigrant visa fees, including 

fees for Machine-Readable Visas (MRVs) 

and Border Crossing Cards (BCCs), have 

been modified pursuant to a separate 

rule published December 14, 2009. 

These modified fees are reflected in 

Item 21 of the Schedule below. 

What Is the Authority for This Action? 

The Department of State derives the 

general authority to set the amount of 

fees for the consular services it 

provides, and to charge those fees, from 

the general user charges statute, 31 

U.S.C. 9701. See, e.g., 31 U.S.C. 

9701(b)(2)(A) (‘‘The head of each agency 

* * * may prescribe regulations 

establishing the charge for a service or 

thing of value provided by the agency 

* * * based on * * * the costs to the 

Government * * *.’’). As implemented 

through Executive Order 10718 of June 

27, 1957, 22 U.S.C. 4219 further 

authorizes the Department to establish 

fees to be charged for official services 

provided by U.S. embassies and 

consulates. Other authorities allow the 

Department to charge fees for consular 

services, but not to determine the 

amount of such fees, as the amount is 

statutorily determined. Examples 

include: (1) The $13 fee for machinereadable BCCs for certain Mexican 

citizen minors, Omnibus Consolidated 

and Emergency Supplemental 

Appropriations Act of 1999, Public Law 

105–277, 112 Stat. 2681–50, Div. A, 

Title IV, sec. 410(a) (reproduced at 8 

U.S.C. 1351 note); and (2) the reciprocal 

nonimmigrant visa issuance fee, 

8 U.S.C. 1351. 

A number of other statutes address 

specific fees relating to passport 

processing, immigrant and 

nonimmigrant visa processing, and 

overseas citizens services. For example, 

22 U.S.C. 214 authorizes the Department 

to charge passport application and 

execution fees. Another law authorizes 

the Department to establish a fee for the 

processing of applications for ‘‘diversity 

visas,’’ to recover the costs of the ‘‘visa 

lottery’’ program conducted under 

Immigration and Nationality Act (INA) 

sections 203 and 222, 8 U.S.C. 1153, 

1201. See Omnibus Consolidated 

Appropriations Act, 1997, Public Law 

104–208, 110 Stat. 3009, Div. C, Title VI, 

§ 636 (reproduced at 8 U.S.C. 1153 

note). Only those applicants who 

register in the lottery and are selected 

may apply for a visa, and those who 

choose to apply must pay the fee; the fee 

incorporates the costs to the Department 

of administering the lottery program. Id. 

Another statute authorizes the 

Department to collect and retain 

surcharges on passports and immigrant 

visas to help pay for efforts to enhance 

border security. See 8 U.S.C. 1714. 

While these fees were originally frozen 

statutorily at $12 and $45 respectively, 

subsequent legislation authorized the 

Department to amend these amounts 

administratively, provided the resulting 

surcharge is ‘‘reasonably related to the 

costs of providing services in 

connection with the activity or item for 

which the surcharges are charged.’’ 

Department of State Authorities Act of 

2006, Public Law 109–472, 120 Stat. 

3554, sec. 6(b)(1) (reproduced at 8 

U.S.C. 1714 note). Furthermore, several 

statutes deal with fees for nonimmigrant 

visas, including the issuance fee statute 

described above, 8 U.S.C. 1351 

(establishing reciprocity as the basis for 

the nonimmigrant visa issuance fee), 

and the MRV and BCC fees modified in 

the proposed rule published in the 

Federal Register on December 14, 2009. 

Certain persons are exempted by law 

or regulation from paying specific fees 

or are expressly made subject to a 

special fee regime by law. These are 

noted in the Schedule of Fees below. 

They include, for instance, several 

exemptions from the nonimmigrant visa 

application fee for certain individuals 

who engage in charitable activities or 

who qualify for diplomatic visas. See 8 

U.S.C. 1351; 22 CFR 41.107(c). Certain 

Iraqi and Afghan nationals are similarly 

exempt from paying an immigrant visa 

application fee. See National Defense 

Authorization Act for Fiscal Year 2008, 

Public Law 110–181, 122 Stat. 3, Div. A, 

Title XII, sec. 1244(d) (reproduced at 11 

U.S.C. 1157 note); Omnibus 

Appropriations Act, 2009, Public Law 

111–8, 123 Stat. 524, Div. F, Title VI, 

sec. 602(b)(4) (reproduced at 8 U.S.C. 

1101 note). As another example, 

qualifying Mexican citizen minors pay a 

special BCC fee well below what it costs 

the Department to process such cards. 

Omnibus Consolidated and Emergency 

Supplemental Appropriations Act of 

1999, Public Law 105–277, Div. A, Title 

IV, sec. 410(a), reproduced at 8 U.S.C. 

1351 note. 

While for most consular fees, the 

funds collected must be deposited into 

the Treasury, various statutes permit the 

Department to retain the fees it collects. 

Among these are the following: (1) The 

MRV and BCC fees, Omnibus 

Consolidated and Emergency 

Supplemental Appropriations Act of 

1999, Public Law 103–236, Title I, sec. 

140(a)(2), 112 Stat. 2681–50 (reproduced 

at 8 U.S.C. 1351 note); (2) the passport 

expedite fee, Department of Commerce, 

Justice, and State, the Judiciary, and 

Related Agencies Appropriations Act, 

1995, Public Law 103–317, 108 Stat. 

1724, Title V (reproduced at 22 U.S.C. 

214 note); (3) the passport and 

immigrant visa security surcharges, 8 

U.S.C. 1714; (4) the Western 

Hemisphere Travel Initiative (WHTI) 

surcharge, which is imbedded in the 

passport book and passport card 

application fees, 22 U.S.C. 214(b)(1); (5) 

the diversity visa lottery fee Omnibus 

Consolidated Appropriations Act, 1997, 

Public Law 104–208, Div. C, Title VI, 

sec. 636 (reproduced at 8 U.S.C. 1153 

note); (6) the fee for an affidavit of 

support, Consolidated Appropriations 

Act, 2000, Public Law 106–113, 113 

Stat. 1501, Div. A, Title II, § 232(a) 

(reproduced at 8 U.S.C. 1183a note); and 

(7) the fee to process requests from 

participants in the Department’s 

Exchange Visitor Program for a waiver 

of the two-year home-residence 

requirement, 22 U.S.C. 1475e. The 

Department also has available to it a 

portion of certain fraud prevention and 

detection fees charged to applicants for 

H- and L-category visas. 8 U.S.C. 

1356(v)(2)(A). 

Why Is the Department Adjusting Fees 

at This Time? 

With certain exceptions—such as the 

reciprocal nonimmigrant visa issuance 

fee and the reduced Mexican citizen 

minor BCC fee described above, as well 

as a congressionally mandated $1 

surcharge on all nonimmigrant visas, 

see William Wilberforce Trafficking 

Victims Protection Reauthorization Act 

of 2008, Public Law 110–457, 122 Stat. 

5044, Title II, sec. 239 (reproduced at 8 

U.S.C. 1351 note)—the Department of 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 6323 

State generally sets consular fees at an 

amount calculated to achieve recovery 

of the costs to the U.S. Government of 

providing the consular service, in a 

manner consistent with general user 

charges principles, regardless of the 

specific statutory authority under which 

the fees are authorized. As set forth in 

OMB Circular A–25, as a general policy, 

each recipient should pay a reasonable 

user charge for government services, 

resources, or goods from which he or 

she derives a special benefit, at an 

amount sufficient for the U.S. 

Government to recover the full costs to 

it of providing the service, resource, or 

good. See OMB Circular No. A–25, sec. 

6(a)(2)(a). The OMB guidance covers all 

Federal Executive Branch activities that 

convey special benefits to recipients 

beyond those that accrue to the general 

public. See id., sections 4(a), 6(a)(1). 

While fees are thus set in accordance 

with full cost recovery, there are limited 

circumstances, such as the passport 

book and card application fees for 

minors, in which costs are allocated to 

related fees or the Department charges a 

fee that is lower than the cost of 

providing the service. This may be done 

in order to account for statutory 

requirements or the potential impact on 

the public of setting those fees at a 

higher level. 

The Department reviews consular fees 

periodically to determine each fee’s 

appropriateness in light of the OMB 

guidance. The Department has made the 

changes set forth in this proposed 

Schedule of Fees accordingly. In line 

with this guidance, the Department 

contracted for an independent CoSS, 

which conducted its work from August 

2007 through June 2009. The CoSS used 

an activity-based costing model to 

determine the current direct and 

indirect costs to the U.S. Government 

associated with each consular good and 

service the Department provides. The 

contractor and Department staff 

surveyed and visited domestic and 

overseas consular sites handling a 

representative sample of all consular 

services worldwide. The study 

identified the cost of the various 

discrete consular goods and services, 

both direct and indirect, and the study’s 

results formed the basis of the changes 

herein proposed to the Schedule. 

Detailed information concerning the 

CoSS’s methodology is available from 

the Bureau of Consular Affairs. 

In situations where services are 

provided with enough frequency to 

develop a reliable estimate of the 

average time involved, the Schedule 

generally sets a flat service fee. In 

situations that require services to be 

performed away from the office or 

during after-duty hours, the Department 

calculates the fee based on a consular 

‘‘hourly rate’’; this rate, which appears at 

Item 75 on the Schedule below, 

represents the cost per hour or part 

thereof/per consular employee. Whether 

by flat fee or fee determined by hourly 

rate, the fees the Department charges are 

designed to recover—at most—the full 

costs the Department expects the U.S. 

Government to incur over the period the 

Schedule will be in effect. The 

Department based all fees in the 

Schedule on projected Fiscal Year 2010 

workloads. 

As a result of the CoSS’s findings and 

the Department’s analysis of these 

findings, the Department is hereby 

proposing adjustments to the Schedule 

of Fees. As noted above, adjustments to 

nonimmigrant visa fees, including those 

for BCCs, have been promulgated under 

a separate rule published December 14, 

2009. 

The last broad set of amendments to 

the Schedule occurred in 2005, though 

the Department has made piecemeal 

amendments to it since that time. Some 

fees, including items 31(a) and (b) and 

35(d), are set by the Department of 

Homeland Security and were most 

recently updated by that agency on July 

30, 2007. Changes to the current 

Schedule of Fees are discussed below. 

All CoSS estimates discussed below are 

based on projected workload for Fiscal 

Year 2010, and fees have been rounded 

to make them easier to collect, 

especially when converting from foreign 

currencies, which are most often used 

when paying for fees at posts abroad. 

This proposed rule also makes a 

conforming amendment to 22 CFR 

51.51(d), which establishes the 

surcharge on the filing of each passport 

application in order to cover the costs 

of meeting the increased demand for 

passports as a result of actions taken to 

comply with section 7209(b) of the 

Intelligence Reform and Terrorism 

Prevention Act of 2004, Public Law 

108–458, 118 Stat. 3638 (reproduced at 

8 U.S.C. 1185 note). 

Passport Book Application Services 

The Department is increasing the 

application fee for a passport book for 

an adult (age 17 and older) from $55 to 

$70. The application fee for a passport 

book for a minor (age 16 and younger) 

will remain at $40. The CoSS estimated 

that the cost of processing first-time 

passport applications for both adults 

and minors is $105.80 based on a 

projected FY10 workload of 11.9 

million. This cost includes border 

security costs covered by the passport 

book security surcharge, discussed 

immediately below. Because a minor 

passport book has a validity of just five 

years, in contrast with the ten-year 

validity period of an adult passport 

book, the Department has decided to 

leave the minor passport book 

application fee at $40, and allocate the 

remainder of the cost of processing 

minor passport book applications to the 

adult passport application fee. 

As described in 22 CFR 51.51(d), this 

fee incorporates the costs of meeting the 

increased demand for passports as a 

result of actions taken to comply with 

section 7209(b) of the Intelligence 

Reform and Terrorism Prevention Act of 

2004, Public Law 108–458 (reproduced 

at 8 U.S.C. 1185 note). This portion of 

the application fee, which is embedded 

within the fee and not charged 

separately or separately itemized in the 

Schedule of Fees, has increased from 

$20 to $22 per application based on 

increased costs related to new passport 

agencies serving border communities. 

Passport Book Security Surcharge 

The Department is increasing the 

passport book security surcharge from 

$20 to $40 in order to cover the costs of 

increased border security which 

includes, but is not limited to, enhanced 

biometric features in the document 

itself. The passport book security 

surcharge is the same for adult passport 

books and for minor passport books. 

Additional Passport Visa Pages 

In the past, the Department provided 

extra pages in a customer’s passport, to 

which foreign countries’ visas may then 

be affixed, at no charge. The CoSS found 

that the cost of the pages themselves, of 

having the pages placed in the book in 

a secure manner by trained personnel, 

and of completing the required security 

checks results in a cost to the U.S. 

Government of $82.48 based on a 

projected FY10 workload of 218,000. 

Therefore, the Department will charge 

$82 for this service. 

Passport Card Application Services 

The CoSS projected that the cost of 

processing first-time applications for 

adult and minor passport cards will be 

$77.59 based on an FY 2010 workload 

projection of 1.56 million cards. 

Adjudication costs associated with a 

passport card are the same as those 

associated with a passport book. 

Nevertheless, the card is intended to be 

a substantially less expensive document 

than the passport book, for the 

convenience of citizens who live close 

to land borders and cross back and forth 

frequently. Therefore, the Department 

has decided to raise the adult passport 

card application fee from $20 to just 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6324 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 

$30, and the minor passport card 

application fee from $10 to just $15. 

As described in 22 CFR 51.51(d), this 

application fee incorporates the costs of 

meeting the increased demand for 

passports as a result of actions taken to 

comply with section 7209(b) of the 

Intelligence Reform and Terrorism 

Prevention Act of 2004, Public Law 

108–458 (reproduced at 8 U.S.C. 1185 

note). This portion of the fee, which is 

embedded within the fee and not 

charged separately or separately 

itemized in the Schedule of Fees, has 

increased from $20 to $22 for the adult 

passport card and from $10 to $15 for 

the minor passport card, and is based on 

increased costs related to new passport 

agencies serving border communities. 

File Search and Verification of U.S. 

Citizenship 

When an applicant for a passport 

book or passport card does not present 

evidence of citizenship, the Department 

must search its files to attempt to 

discern his or her U.S. citizenship. The 

Department is raising the fee for this 

service from $60 to $150 based on the 

cost of providing the service, and notes 

that applicants can avoid paying this fee 

by providing adequate citizenship 

documentation when applying for a 

passport rather than to request a costly, 

time-intensive Department file search. 

Application for Consular Report of Birth 

Abroad of a Citizen of the United States 

The CoSS found that the cost of 

accepting and processing an application 

for a Consular Report of Birth Abroad of 

a Citizen of the United States is $197.28 

based on an FY10 workload projection 

of 80,000 applications. The Department 

has decided to raise the fee from $65 to 

$100, still significantly less than cost, 

based on its view that too high a fee 

might deter U.S. citizen parents from 

properly documenting the citizenship of 

their children at birth, a development 

the Department feels would be 

detrimental to national interests. 

Documentation for Renunciation of 

Citizenship 

The CoSS demonstrated that 

documenting a U.S. citizen’s 

renunciation of citizenship is extremely 

costly, requiring American consular 

officers overseas to spend substantial 

amounts of time to accept, process, and 

adjudicate cases. A new fee of $450 will 

be established to help defray a small 

portion of the total cost to the U.S. 

Government of documenting the 

renunciation of citizenship. 

Death and Estate Services 

The CoSS found that the average cost 

of assisting U.S. citizens in making 

arrangements for a deceased non-U.S. 

citizen family member abroad is $388.19 

based on an FY 2010 workload 

projection of 50,000 cases. The 

Department had previously charged a 

fee of $265 per hour, the then-applicable 

fee for consular time (discussed below), 

plus expenses. The Department has 

decided to set the new fee for death and 

estate services at significantly lower 

than costs—$200 plus expenses—in 

order to assist bereaved families. 

Immigrant Visa Application Processing 

Fee 

The Department is changing the fee 

for processing an immigrant visa from 

$355 for all immigrant visas, to a fourtiered fee based on CoSS estimates for 

each discrete category of immigrant 

visa, as applications for certain 

applications cost more to process than 

others. Accordingly, the application fee 

for a family-based (immediate relative 

and preference) visa (processed on the 

basis of an I–130, I–600 or I–800 

petition) will be $330. 

The application fee for an 

employment-based visa (processed on 

the basis of an I–140 petition) will be 

$720. Other immigrant visa applications 

(including for diversity visa applicants, 

I–360 self-petitioners, special immigrant 

visa applicants and all others) will have 

a fee of $305. As noted above, certain 

qualifying Iraqi and Afghan special 

immigrant visa applicants are statutorily 

exempt from paying a processing fee. 

National Defense Authorization Act for 

Fiscal Year 2008, Public Law 110–181, 

Div. A, Title XII, § 1244(d) (reproduced 

at 11 U.S.C. 1157 note); Omnibus 

Appropriations Act, 2009, Public Law 

111–8, Div. F, Title VI, sec. 602(b)(4) 

(reproduced at 8 U.S.C. 1101 note). 

Immigrant Visa Security Surcharge 

The Department is increasing the 

immigrant visa security surcharge, 

which all applicants except those 

statutorily exempted must pay, from $45 

to $74 to cover increased security costs 

as determined by the CoSS, including 

the costs of the enhanced security 

screening requirements associated with 

fingerprint collection which were 

previously included in the immigrant 

visa application processing fee. 

Diversity Visa Lottery Fee for Immigrant 

Visa Application 

The Department is raising the fee paid 

by winners of the Diversity Visa lottery 

who apply for immigrant visas from 

$375 to $440 based on CoSS estimates 

for an FY 2010 workload projection of 

81,000 applications. The Department 

has authority to collect the surcharge 

only from persons who are selected 

through the lottery process and 

therefore qualify to apply for a Diversity 

Visa, and to set it at a level sufficient to 

cover the entire cost of running the 

lottery. Omnibus Consolidated 

Appropriations Act, 1997, Public Law 

104–208, Div. C, Title VI, § 636 

(reproduced at 8 U.S.C. 1153 note). 

Affidavit of Support Review 

The Department charges the affidavit 

of support review fee for all affidavits of 

support reviewed at the National Visa 

Center in connection with an 

application for an immigrant visa. The 

purpose of the review is to ensure that 

each affidavit is properly completed 

before the National Visa Center forwards 

it to a consular post for adjudication. 

The Department is increasing the fee 

from $70 to $88 to reflect the increase 

in the cost of providing this service to 

immigrant visa applicants. 

Determining Returning Resident Status 

The CoSS found that determining the 

status of persons who claim to be legal 

permanent residents of the United 

States but do not have documentation to 

prove this fact, has become less costly 

than before due to advances in 

automation, making it easier to verify 

U.S. immigration status. As such, the 

Department will lower the fee from $400 

to $380. 

Providing Documentary Services 

The CoSS found the cost to the U.S. 

Government of providing documentary 

services overseas is $76.36 per service 

based on a projected FY 2010 workload 

of 380,000 services. These are primarily 

notarial services, certification of true 

copies, provision of documents, and 

authentications. However, the 

Department is raising these fees only 

from $30 to $50, lower than cost, in 

order to minimize the impact on the 

public. 

Processing Letters Rogatory and Foreign 

Sovereign Immunities Act Judicial 

Assistance Cases 

The CoSS found that the cost to the 

U.S. Government of processing letters 

rogatory and Foreign Sovereign 

Immunities Act judicial assistance cases 

is $2,274.59 based on a projected FY 

2010 workload of 1400 services. The 

Department will accordingly raise the 

fee for these services to $2,275. 

Taking Depositions or Executing 

Commissions To Take Testimony 

Several services fall under this 

heading, and fees for three of the 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 6325 

services will be raised as a result of the 

CoSS’s estimates of costs to the U.S. 

Government. The new fees appear in the 

Schedule below. 

Consular Time Charges 

The Department previously charged a 

consular time fee of $265 per hour, per 

employee. The CoSS estimated that 

consular time charges for services 

performed away from the office or 

outside business hours only costs $231 

per hour, per employee. Therefore, the 

Department will lower this fee to $231 

per hour. 

When Will the Department of State 

Implement This Proposed Rule? 

The Department intends to implement 

this proposed rule, and initiate 

collection of the fees set forth herein, as 

soon as practicable following the 

expiration of the 30-day public 

comment period following this 

proposed rule’s publication in the 

Federal Register, and after the 

Department has had the opportunity to 

fully consider any public comments 

received. 

Regulatory Findings 

Administrative Procedure Act 

The Department is publishing this 

rule as a proposed rule, with a 30-day 

provision for public comments. 

Regulatory Flexibility Act 

The Department, in accordance with 

the Regulatory Flexibility Act, 5 U.S.C. 

605(b), has reviewed this rule and, by 

approving it, certifies that the proposed 

rule, if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities as 

defined in 5 U.S.C. 601(6). This rule 

raises the application and processing fee 

for passports, immigrant visas and 

American citizen services. The 

Department of State estimates that the 

agency will process 16,000 total 

employment-based immigrant visa 

applications, all of which fall into the 

E–1, E–2, E–3, E–4, and E–5 categories. 

(Note: The Department of Homeland 

Security processes domestic adjustment 

of status for approximately 90 percent of 

all employment-based immigrants; cases 

processed domestically do not pay 

Department of State fees.) The issuance 

of some ‘‘E’’ category employment-based 

immigrant visas may be contingent 

upon approval by DHS of a petition 

filed by a United States company, and 

these companies pay a fee to DHS to 

cover the processing of the petition. The 

amount of the petition fees that are paid 

by small entities to DHS is not 

controlled by the amount of the visa fees 

paid by individuals to the Department 

of State. The visa itself is sought and the 

application processing fees are paid for 

by an individual foreign national 

overseas who seeks to immigrate to the 

United States. The Department of State 

does not track applications for 

employment-based visas by the size and 

nature of the petitioning businesses, and 

therefore cannot identify the share of 

this impact on the small businesses 

versus large businesses. While some 

employers may choose to reimburse 

application costs, small businesses are 

not required by law to reimburse the 

individuals, and therefore no small 

businesses will be impacted. 

Additionally, small entities may pay 

judicial services fees if required for legal 

matters with foreign companies, but in 

very limited circumstances and small 

numbers. For instance, worldwide in FY 

2009, embassies and consulates 

arranged only 123 depositions and 

processed only 156 letters rogatory. 

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, 2 U.S.C. 1501–1504. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has determined that 

this rulemaking will not have Tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian Tribal governments, and will not 

pre-empt Tribal law. Accordingly, the 

requirements of Section 5 of Executive 

Order 13175 do not apply to this 

rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is a major rule as defined by 

section 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996, since it will result in an annual 

effect on the economy of $100 million 

or more. See 5 U.S.C.804(2). 

Executive Order 12866 

OMB considers this rule to be an 

economically significant regulatory 

action under Executive Order 12866, 

section 3(f)(1), Regulatory Planning and 

Review, Sept. 30, 1993 because it is 

likely to have an annual effect on the 

economy of $100 million or more. 58 FR 

51735. This rule is necessary in light of 

the Department of State’s CoSS finding 

that the cost of processing passports and 

immigrant visas and of providing other 

consular services has generally 

increased since the fees were last set. 

The Department is setting the fees in 

accordance with 31 U.S.C. 9701 and 

other applicable authority, as described 

in more detail above. See, e.g., 31 U.S.C. 

9701(b)(2)(A) (‘‘The head of each agency 

... may prescribe regulations 

establishing the charge for a service or 

thing of value provided by the agency ... 

based on ... the costs to the 

Government.’’). This regulation 

generally sets the fees for passports, 

immigrant visas and consular services at 

the amount required to recover the costs 

associated with providing this service. 

Accordingly, this rule has been 

submitted to OMB for review. 

Details of the proposed fee changes 

are as follows: 

Item Proposed fee Current fee Change in fee Percent increase FY09 workload 

Consequent 

total increase 

in fee 

sassuming 

FY09 workloads 

2(a). Passport Book Application 

Services for Applicants age 16 

or over (including renewals).

$70 ................... $55 ................... $15 ................... 27% .................. 9,207,088 $138,106,320 

2(c). Additional passport visa 

pages.

$82 ................... $0 ..................... $82 ................... undefined .......... 207,810 $17,040,420 

2(g). Passport Book Security Surcharge.$40 ................... $20 ................... $20 ................... 100% ................ 11,935,556 $238,711,120 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6326 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 

Item Proposed fee Current fee Change in fee Percent increase FY09 workload 

Consequent 

total increase 

in fee 

sassuming 

FY09 workloads 

6. File search and verification of 

U.S. citizenship.

$150 ................. $60 ................... $90 ................... 150% ................ 11,192 $1,007,280 

7. Application for Consular Report 

of Birth Abroad of a Citizen of 

the United States.

$100 ................. $65 ................... $35 ................... 54% .................. 58,198 $2,036,930 

8. Documentation of formal renunciation of U.S. citizenship.$450 ................. $0 ..................... $450 ................. undefined .......... 1,188 $534,600 

9(a). Passport Card Application 

Services for Applicants age 16 

or over (including renewals).

$30 ................... $20 ................... $10 ................... 50% .................. 1,196,078 $11,960,780 

9(b). Passport Card Application 

Services for Applicants under 

age 16.

$15 ................... $10 ................... $5 ..................... 50% .................. 354,451 $1,772,255 

14(b). Making arrangements for a 

deceased non-U.S. citizen family member.

$200 plus expenses.Consular time 

(Item 75) plus 

expenses.

-$65 per hour .... -25% per hour .. 426 ($27,690) 

32(a). Immigrant visa application 

processing for immediate relative and family preference applications.

$330 ................. $355 ................. ($25) ................. -7% ................... 478,116 ($11,952,900) 

32(b). Immigrant visa application 

processing for employmentbased applications.

$720 ................. $355 ................. $365 ................. 103% ................ 16,395 $5,984,175 

32(c). Immigrant visa application 

processing for other visa classes.

$305 ................. $355 ................. ($50) ................. -14% ................. 5,121 ($256,050) 

33. Diversity Visa Lottery fee ....... $440 ................. $375 ................. $65 ................... 17% .................. 55,368 $3,598,920 

34. Affidavit of Support Review ... $88 ................... $70 ................... $18 ................... 26% .................. 311,038 $5,598,684 

35(a). Determining Returning 

Resident Status.

$380 ................. $400 ................. ($20) ................. -5% ................... 1,611 ($32,220) 

36. Immigrant visa security surcharge.$74 ................... $45 ................... $29 ................... 64% .................. 575,554 $16,691,066 

41(a). Providing notarial service: 

First service.

$50 ................... $30 ................... $20 ................... 67% .................. 128,818 $2,576,360 

41(b). Providing notarial service: 

Each additional seal.

$50 ................... $20 ................... $30 ................... 150% ................ 60,782 $1,823,460 

42(a). Certification of a true copy 

or that no record of an official 

file can be located: First copy.

$50 ................... $30 ................... $20 ................... 67% .................. 15,611 $312,220 

42(b). Certification of a true copy 

or that no record of an official 

file can be located: Each additional copy.

$50 ................... $20 ................... $30 ................... 150% ................ 3,099 $92,970 

43(a-f). Provision of documents, 

certified copies of documents, 

and other certifications by the 

Department of State (domestic).

$50 ................... $30 ................... $20 ................... 67% .................. 29,425 $588,500 

44. Authentications (44a-d) .......... $50 ................... $30 ................... $20 ................... 67% .................. 18,863 $377,260 

51. Processing letters rogatory 

and Foreign Sovereign Immunities Act (FSIA) judicial assistance cases.

$2,275 .............. $735 ................. $1,540 .............. 210% ................ 156 $240,240 

52(a). Scheduling/arranging appointments for depositions.$1,283 .............. $475 ................. $808 ................. 170% ................ 123 $99,384 

52(b). Attending or taking depositions, or executing commissions to take testimony.$309 per hour 

plus expenses.

$265 per hour 

plus expenses.

$44 per hour ..... 17% .................. 38 $1,672 

52(e). Providing seal and certification of depositions.$415 ................. $70 ................... $345 ................. 493% ................ 16 $5,520 

75. Consular time charges ........... $231 ................. $265 ................. ($34) ................. -13% ................. 70 ($2,380) 

The Department of State does not 

anticipate that demand for passport, 

immigrant visa, and other services 

affected by this rule will change 

significantly due to these fee changes, 

and welcomes public comment on that 

expectation. 

With regard to immigrant visas, many 

categories are numerically capped; these 

caps artificially limit workload and keep 

current demand fairly stable. In FY 

2009, the Department issued all 

available immigrant visas in 

employment-based categories (capped at 

140,000 including adjustments of status 

processed domestically by the 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 6327 

Department of Homeland Security). In 

FY 2009, the Department issued 96 

percent of the immigrant visas available 

under the Diversity Visa program 

(capped at 50,000 including adjustments 

of status processed domestically by the 

Department of Homeland Security). 

Also in FY 2009, the Department issued 

96 percent of the immigrant visas 

available for family-preference 

categories (capped at 226,000 including 

adjustments of status processed 

domestically by the Department of 

Homeland Security). When fewer visas 

were issued than were available under 

the numerical cap, it was generally due 

to administrative processing issues 

rather than lack of demand. There are 

nearly 3.5 million applicants currently 

awaiting numerically controlled visas, 

sufficient to fill more than eight years’ 

workload at the current annual caps. It 

is reasonable to expect that the 

immigrant visa workload for FY 2010 

and FY 2011 will remain about the same 

as FY 2009. Please note that these 

estimates do not take into account 

variables that the Department cannot 

predict at this time, such as legislative 

changes. 

With regard to passports, the 

Department does not believe that 

passport application fees are a 

significant determining factor when 

Americans decide to travel 

internationally. The price of a passport 

book or card remains minor in 

comparison with other costs associated 

with foreign travel, given that taxes and 

surcharges alone on an international 

airfare can easily surpass $100. As a 

result, the Department does not believe 

passport demand will be significantly 

affected by increases of the size 

proposed. In addition, the Western 

Hemisphere Travel Initiative has now 

been fully implemented, and there is no 

new regulatory impetus for passport 

demand on the horizon. 

Executive Order 13132 

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, Federalism, Aug. 4, 1999, 

the Department has determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. 64 FR 

43255. 

Paperwork Reduction Act 

This rule does not impose or alter any 

reporting or record-keeping 

requirements. 

List of Subjects in 22 CFR Parts 22 and 

51 

Consular services, fees, passports and 

visas. 

Accordingly, for the reasons stated in 

the preamble, 22 CFR Part 22 and Part 

51 are proposed to be amended as 

follows: 

PART 22—SCHEDULE OF FEES FOR 

CONSULAR SERVICES— 

DEPARTMENT OF STATE AND 

FOREIGN SERVICE 

1. The authority citation for part 22 is 

amended to read as follows: 

Authority: 8 U.S.C. 1101 note, 1153 note, 

1183a note, 1351, 1351 note, 1714, 1714 note; 

10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22 

U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 

4206, 4215, 4219, 6551; 31 U.S.C. 9701; Exec. 

Order 10,718, 22 FR 4632; Exec. Order 

11,295, 31 FR 10603. 

2. Revise § 22.1 to read as follows: 

§ 22.1 Schedule of fees. 

The following table sets forth the U.S. 

Department of State’s Schedule of Fees 

for Consular Services: 

SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee 

PASSPORT AND CITIZENSHIP SERVICES 

1. Passport Book or Card Execution: Required for first-time applicants and others who must apply in person (Applicants 

applying for both the book and card simultaneously on the same application pay only one execution fee.).

$25. 

2. Passport Book Application Services for: 

(a) Applicants age 16 or over (including renewals) ....................................................................................................... $70. 

(b) Applicants under age 16 ........................................................................................................................................... $40. 

(c) Additional passport visa pages ................................................................................................................................. $82. 

(d) Passport book replacement for name change if submitted within one year of passport issuance ......................... NO FEE.

(e) Passport book replacement for passport book limited in validity if submitted within one year of passport 

issuance. (Passport books limited in validity because of multiple losses, thefts, damage, or mutilations cannot be 

replaced.).

NO FEE. 

(f) Passport book replacement for data correction (name, date of birth, place of birth, sex printed erroneously) if 

submitted within one year of passport issuance.

NO FEE. 

(g) Passport Book Security Surcharge (Enhanced Border Security Fee) ..................................................................... $40. 

3. Expedited service: Passport processing within the expedited processing period published on the Department’s Web 

site (see 22 CFR 51.56(b)) and/or in-person service at a U.S. Passport Agency (not applicable abroad).

$60. 

4. Exemptions: The following applicants are exempted from all passport fees listed in Item 2 above: 

(a) Officers or employees of the United States and their immediate family members (22 U.S.C. 214) and Peace 

Corps Volunteers and Leaders (22 U.S.C. 2504(h)) proceeding abroad or returning to the United States in the 

discharge of their official duties.

NO FEE. 

(b) U.S. citizen seamen who require a passport in connection with their duties aboard an American flag vessel (22 

U.S.C. 214(a)).

NO FEE. 

(c) Widows, children, parents, or siblings of deceased members of the Armed Forces proceeding abroad to visit 

the graves of such members (22 U.S.C. 214(a)).

NO FEE. 

(d) Employees of the American National Red Cross proceeding abroad as members of the Armed Forces of the 

United States 10 U.S.C. 2602(c)).

NO FEE. 

5. Travel Letter: Provided in rare, life-or-death situations as an emergency accommodation to a U.S. citizen returning to 

the United States when the consular officer is unable to issue a passport book.

NO FEE unless consular time charges 

(Item 75) apply. 

6. File search and verification of U.S. citizenship: When applicant has not presented evidence of citizenship and previous records must be searched (except for an applicant abroad whose passport was stolen or lost abroad or when 

one of the exemptions is applicable).

$150. 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6328 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued 

Item No. Fee 

7. Application for Consular Report of Birth Abroad of a Citizen of the United States .......................................................... $100. 

8. Documentation of formal renunciation of U.S. citizenship ................................................................................................ $450. 

9. Passport Card Application Services for: 

(a) Applicants age 16 or over (including renewals) [Adult Passport Card] .................................................................... $30. 

(b) Applicants under age 16 [Minor Passport Card] ...................................................................................................... $15. 

(c) Passport card replacement for name change if submitted within one year of passport issuance .......................... NO FEE. 

(d) Passport card replacement for data correction (name, date of birth, place of birth, sex printed erroneously) if 

submitted within one year of passport issuance.

NO FEE. 

(Item 10 vacant.) 

OVERSEAS CITIZENS SERVICES 

ARRESTS, WELFARE AND WHEREABOUTS, AND RELATED SERVICES 

11. Arrest and prison visits .................................................................................................................................................... NO FEE. 

12. Assistance regarding the welfare and whereabouts of a U.S. Citizen, including child custody inquiries and processing of repatriation and emergency dietary assistance loans.NO FEE. 

(Item 13 vacant.) 

DEATH AND ESTATE SERVICES 

14. Assistance to next-of-kin: 

(a) After the death of a U.S. citizen abroad (providing assistance in disposition of remains, making arrangements 

for shipping remains, issuing Consular Mortuary Certificate, and providing up to 20 original Consular Reports of 

Death).

NO FEE. 

(b) Making arrangements for a deceased non-U.S. citizen family member (providing assistance in shipping or other 

disposition of remains of a non-U.S. Citizen).

$200 plus expenses. 

15. Issuance of Consular Mortuary Certificate on behalf of a non-U.S. Citizen ................................................................... $60. 

16. Acting as a provisional conservator of estates of U.S. Citizens: 

(a) Taking possession of personal effects; making an inventory under an official seal (unless significant time and/or 

expenses incurred).

NO FEE. 

(b) Overseeing the appraisal, sale, and final disposition of the estate, including disbursing funds, forwarding securities, etc. (unless significant time and/or expenses incurred).NO FEE. 

(c) For services listed in Item 16(a) or (b) when significant time and/or expenses are incurred .................................. Consular time (Item 

75) plus expenses. 

(Items 17 through 20 vacant.) 

NONIMMIGRANT VISA SERVICES 

21. Nonimmigrant visa application and border crossing card processing fees (per person): 

(a) Non-petition-based nonimmigrant visa (except E category) ..................................................................................... $140. 

(b) H, L, O, P, Q and R category nonimmigrant visa .................................................................................................... $150. 

(c) E category nonimmigrant visa ................................................................................................................................... $390. 

(d) K category nonimmigrant visa .................................................................................................................................. $350. 

(e) Border crossing card - 10-year validity (age 15 and over) ....................................................................................... $140. 

(f) Border crossing card - 5-year validity (under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card).$14. 

22. EXEMPTIONS from nonimmigrant visa application processing fee: 

(a) Applicants for A, G, C-3, NATO and diplomatic visas as defined in 22 CFR 41.26 ................................................ NO FEE. 

(b) Applicants for J visas participating in official U.S. Government-sponsored educational and cultural exchanges ... NO FEE. 

(c) Replacement Machine-Readable Visa when the original visa was not properly affixed or needs to be reissued 

through no fault of the applicant.

NO FEE. 

(d) Applicants exempted by international agreement as determined by the Department, including members and 

staff of an observer mission to United Nations Headquarters recognized by the UN General Assembly, and their 

immediate families.

NO FEE. 

(e) Applicants traveling to provide charitable services as determined by the Department ........................................... NO FEE. 

(f) U.S. Government employees traveling on official business ...................................................................................... NO FEE. 

(g) A parent, sibling, spouse, or child of a U.S. Government employee killed in the line of duty who is traveling to 

attend the employee’s funeral and/or burial; or a parent, sibling, spouse, son, or daughter of a U.S. Government 

employee critically injured in the line of duty for visitation during emergency treatment and convalescence.

NO FEE. 

23. Nonimmigrant visa issuance fee, including border-crossing cards (Reciprocity Fee) .................................................... RECIPROCAL. 

24. EXEMPTIONS from nonimmigrant visa issuance fee: 

(a) An official representative of a foreign government or an international or regional organization of which the U.S. 

is a member; members and staff of an observer mission to United Nations Headquarters recognized by the UN 

General Assembly; and applicants for diplomatic visas as defined under Item 22(a); and their immediate families.

NO FEE. 

(b) An applicant transiting to and from the United Nations Headquarters ..................................................................... NO FEE. 

(c) An applicant participating in a U.S. Government-sponsored program ..................................................................... NO FEE. 

(d) An applicant traveling to provide charitable services as determined by the Department ........................................ NO FEE. 

25. Fraud prevention and detection fee for visa applicant included in L blanket petition (principal applicant only) ............ $500. 

(Items 26 through 30 vacant.) 

IMMIGRANT AND SPECIAL VISA SERVICES 

31. Filing immigrant visa petition (collected for USCIS and subject to change) 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 6329 

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued 

Item No. Fee 

(a) Petition to classify status of alien relative for issuance of immigrant visa ............................................................... $355. 

(b) Petition to classify orphan as an immediate relative ................................................................................................ $670. 

32. Immigrant visa application processing fee (per person) 

(a) Immediate relative and family preference applications ............................................................................................ $330. 

(b) Employment-based applications ............................................................................................................................... $720. 

(c) Other immigrant visa applications (including Diversity Visa applicants, I-360 self-petitioners, special immigrant 

visa applicants).

$305. 

(e) Certain Iraqi and Afghan special immigrant visa applications (per 8 U.S.C. 1101 note; 11 U.S.C. 1157 note) ..... NO FEE. 

33. Diversity Visa Lottery fee (per person applying as a result of the lottery program) ....................................................... $440. 

34. Affidavit of Support Review (only when reviewed domestically) ..................................................................................... $88. 

35. Special visa services: 

(a) Determining Returning Resident Status ................................................................................................................... $380. 

(b) Transportation letter for Legal Permanent Residents of the United States ............................................................. $165. 

(c) Waiver of two-year residency requirement ............................................................................................................... $215. 

(d) Waiver of immigrant visa ineligibility (collected for USCIS and subject to change) ................................................ $545. 

(e) Refugee or significant public benefit parole case processing .................................................................................. NO FEE. 

36. Immigrant visa security surcharge ................................................................................................................................... $74. 

(Items 37 through 40 vacant.) 

DOCUMENTARY SERVICES 

41. Providing notarial service: 

(a) First service (seal) ..................................................................................................................................................... $50. 

(b) Each additional seal provided at the same time in connection with the same transaction ..................................... $50. 

42. Certification of a true copy or that no record of an official file can be located (by a post abroad): 

(a) First Copy .................................................................................................................................................................. $50. 

(b) Each additional copy provided at the same time ..................................................................................................... $50. 

43. Provision of documents, certified copies of documents, and other certifications by the Department of State (domestic): 

(a) Documents relating to births, marriages, and deaths of U.S. citizens abroad originally issued by a U.S. embassy or consulate.$50. 

(b) Issuance of Replacement Report of Birth Abroad .................................................................................................... $50. 

(c) Certified copies of documents relating to births and deaths within the former Canal Zone of Panama from 

records maintained by the Canal Zone Government from 1904 to September 30, 1979.

$50. 

(d) Certifying a copy of a document or extract from an official passport record ........................................................... $50. 

(e) Certifying that no record of an official file can be located ........................................................................................ $50. 

(f) Each additional copy provided at same time ............................................................................................................. $50. 

44. Authentications (by posts abroad): 

(a) Authenticating a foreign notary or other foreign official seal or signature ............................................................... $50. 

(b) Authenticating a U.S. Federal, State, or territorial seal ............................................................................................ $50. 

(c) Certifying to the official status of an officer of the U.S. Department of State or of a foreign diplomatic or consular officer accredited to or recognized by the U.S. Government.$50. 

(d) Each authentication ................................................................................................................................................... $50. 

45. Exemptions: Notarial, certification, and authentication fees (Items 41-44) or passport file search fees (Item 6) will 

not be charged when the service is performed: 

(a) At the direct request of any Federal Government agency, any State or local government, the District of Columbia, or any of the territories or possessions of the United States (unless significant costs would be incurred).NO FEE. 

(b) With respect to documents to be presented by claimants, beneficiaries, or their witnesses in connection with 

obtaining Federal, State, or municipal benefits.

NO FEE. 

(c) For U.S. citizens outside the United States preparing ballots for any public election in the United States or any 

of its territories.

NO FEE. 

(d) At the direct request of a foreign government or an international agency of which the United States is a member if the documents are for official noncommercial use.NO FEE. 

(e) At the direct request of a foreign government official when appropriate or as a reciprocal courtesy ..................... NO FEE. 

(f) At the request of direct-hire U.S. Government personnel, Peace Corps volunteers, or their dependents stationed 

or traveling officially in a foreign country.

NO FEE. 

(g) With respect to documents whose production is ordered by a court of competent jurisdiction .............................. NO FEE. 

(h) With respect to affidavits of support for immigrant visa applications ....................................................................... NO FEE. 

(i) With respect to endorsing U.S. Savings Bonds Certificates ..................................................................................... NO FEE. 

(Items 46 through 50 vacant.) 

JUDICIAL ASSISTANCE SERVICES 

51. Processing letters rogatory and Foreign Sovereign Immunities Act (FSIA) judicial assistance cases, including providing seal and certificate for return of letters rogatory executed by foreign officials.$2,275. 

52. Taking depositions or executing commissions to take testimony: 

(a) Scheduling/arranging appointments for depositions, including depositions by video teleconference (per daily appointment).$1,283. 

(b) Attending or taking depositions, or executing commissions to take testimony (per hour or part thereof) .............. $309 per hour plus expenses. 

(c) Swearing in witnesses for telephone depositions ..................................................................................................... Consular time (Item 

75) plus expenses. 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
6330 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Proposed Rules 

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued 

Item No. Fee 

(d) Supervising telephone depositions (per hour or part thereof over the first hour) .................................................... Consular time (Item 

75) plus expenses. 

(e) Providing seal and certification of depositions ......................................................................................................... $415. 

53. Exemptions: Deposition or executing commissions to take testimony. Fees (Item 52) will not be charged when the 

service is performed: 

(a) At the direct request of any Federal Government agency, any State or local government, the District of Columbia, or any of the territories or possessions of the United States (unless significant time required and/or expenses would be incurred).NO FEE. 

(b) Executing commissions to take testimony in 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.

NO FEE. 

(Items 54 through 60 vacant.) 

SERVICES RELATING TO VESSELS AND SEAMEN 

61. Shipping and Seaman’s services: Including but not limited to recording a bill of sale of a vessel purchased abroad, 

renewal of a marine radio license, and issuance of certificate of American ownership.

Consular time (Item 

75) plus expenses. 

(Items 62 through 70 vacant.) 

ADMINISTRATIVE SERVICES 

71. Non-emergency telephone calls ...................................................................................................................................... $10 plus long distance 

charge. 

72. Setting up and maintaining a trust account: For 1 year or less to transfer funds to or for the benefit of a U.S. citizen 

in need in a foreign country.

$30. 

73. Transportation charges incurred in the performance of fee and no-fee services when appropriate and necessary ..... Expenses incurred. 

74. Return check processing fee ........................................................................................................................................... $25. 

75. Consular time charges: As required by this Schedule and for fee services performed away from the office or during 

after-duty hours (per hour or part thereof/per consular employee).

$231. 

76. Photocopies (per page) ................................................................................................................................................... $1. 

(Items 77 through 80 vacant.) 

PART 51—PASSPORTS 

3. In § 51.51, revise paragraph (d) to 

read as follows: 

§ 51.51 Passport fees 

* * * * * 

(d) A surcharge in the amount of 

twenty-two dollars ($22) on the filing of 

each application for a passport book, in 

the amount of twenty-two dollars ($22) 

on the filing of each application for a 

passport card for an applicant age 16 or 

over, and in the amount of fifteen 

dollars ($15) on the filing of each 

application for a passport card for an 

applicant under age 16, in order to cover 

the costs of meeting the increased 

demand for passports as a result of 

actions taken to comply with section 

7209(b) of the Intelligence Reform and 

Terrorism Prevention Act of 2004, 

Public Law 108–458 (8 U.S.C. 1185 

note). The surcharge will be recovered 

by the Department of State from within 

the passport application fee reflected in 

the Schedule of Fees for Consular 

Services. 

* * * * * 

Dated: February 3, 2010. 

Patrick Kennedy, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 2010–2816 Filed 2–8–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 934 

[SATS No. ND–051–FOR; Docket ID: OSM– 

2009–0013] 

North Dakota Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the North 

Dakota regulatory program (hereinafter, 

the ‘‘North Dakota program’’) under the 

Surface Mining Control and 

Reclamation Act of 1977 (‘‘SMCRA’’ or 

‘‘the Act’’). North Dakota proposes 

revisions to rules and statutes that 

would allow the revegetation 

responsibility period to be reduced from 

ten years to five years for lands eligible 

for remining. North Dakota intends to 

revise its program to be consistent with 

the corresponding Federal regulations 

and to improve operational efficiency. 

This document gives the times and 

locations that the North Dakota program 

and proposed amendment to that 

program are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4 

p.m., m.s.t. March 11, 2010. If 

requested, we will hold a public hearing 

on the amendment on March 8, 2010. 

We will accept requests to speak until 

4 p.m., m.s.t. on February 24, 2010. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. OSM is listed as 

Surface Mining Reclamation and 

Enforcement. Follow the instructions for 

submitting comments. 

• Mail/Hand Delivery/Courier: Jim 

Fulton, Director, Denver Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 1999 Broadway, Suite 

3320, Denver, CO 80202. 

Instructions: All submissions received 

must include the agency name and ND– 

051–FOR. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comment Procedures’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: In addition to viewing the 

docket and obtaining copies of 

documents at http:// 


Cprice-sewell on DSK2BSOYB1PROD with PROPOSALS