Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Proposed Rules 67687 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus SAS: Docket No. FAA–2023–1895; 

Project Identifier MCAI–2023–00652–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by November 

16, 2023. 

(b) Affected ADs 

This AD affects AD 2019–21–01, 

Amendment 39–19767 (84 FR 56935, October 

24, 2019) (AD 2019–21–01). 

(c) Applicability 

This AD applies to all Airbus SAS 

airplanes identified in paragraphs (c)(1) 

through (4) of this AD, certificated in any 

category. 

(1) Model A300 B4–601, B4–603, B4–620, 

and B4–622 airplanes. 

(2) Model A300 B4–605R and B4–622R 

airplanes. 

(3) Model A300 F4–605R and F4–622R 

airplanes. 

(4) Model A300 C4–605R Variant F 

airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to address fatigue cracking, damage, 

or corrosion in principal structural elements, 

which could result in reduced structural 

integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2023–0091, dated 

May 5, 2023 (EASA AD 2023–0091). 

(h) Exceptions to EASA AD 2023–0091 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0091. 

(2) Paragraph (3) of EASA AD 2023–0091 

specifies revising ‘‘the approved AMP’’ 

within 12 months after its effective date, but 

this AD requires revising the existing 

maintenance or inspection program, as 

applicable, within 90 days after the effective 

date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

2023–0091 is at the applicable ‘‘associated 

thresholds’’ as incorporated by the 

requirements of paragraph (3) of EASA AD 

2023–0091, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(4) This AD does not adopt the provisions 

specified in paragraph (4) of EASA AD 2023– 

0091. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0091. 

(i) Provisions for Alternative Actions and 

Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) or 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0091. 

(j) Terminating Action for AD 2019–21–01 

Accomplishing the actions required by this 

AD terminates the corresponding 

requirements of AD 2019–21–01 for the tasks 

identified in the service information 

referenced in EASA AD 2023–0091 only. 

(k) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (l) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Airbus SAS’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(l) Additional Information 

For more information about this AD, 

contact Dan Rodina, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3225; email dan.rodina@faa.gov. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0091, dated May 5, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0091, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 26, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–21634 Filed 9–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 22 

[Public Notice: 11995] 

RIN 1400–AF61 

Schedule of Fees for Consular 

Services—Administrative Processing 

of Request for Certificate of Loss of 

Nationality (CLN) Fee 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State 

(‘‘Department’’) is proposing to amend 

the Schedule of Fees for Consular 

Services (‘‘Schedule’’) to reduce the 

current fee for Administrative 

Processing of a Request for a Certificate 

of Loss of Nationality of the United 

States (CLN) from $2,350 to $450. 

DATES: The Department of State will 

accept comments until November 1, 

2023. 

ADDRESSES: Interested parties may 

submit comments to the Department by 

any of the following methods: 

* Visit the Regulations.gov website at: 

https://www.regulations.gov and search 

for the Regulatory Information Number 

(RIN) 1400–AF61 or docket number 

DOS–2023–0026. 

* Email: fees@state.gov. You must 

include the RIN (1400–AF61) in the 

subject line of your message. 


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67688 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Proposed Rules 

All comments should include the 

commenter’s name, the organization the 

commenter represents (if applicable), 

and the commenter’s address. If the 

Department is unable to read your 

comment for any reason, and cannot 

contact you for clarification, the 

Department may not be able to consider 

your comment. After the conclusion of 

the comment period, the Department 

will publish a final rule that will 

address relevant comments as 

expeditiously as possible. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Cruz, Management Analyst, 

Office of the Comptroller, Bureau of 

Consular Affairs, Department of State; 

phone: 202–485–8915, email: fees@

state.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The proposed rule makes changes to 

the Department of State’s Schedule of 

Fees for Consular Services by reducing 

the fee for Item #8, Administrative 

Processing of Request for Certificate of 

Loss of Nationality of the United States 

(CLN), from $2,350 to $450. The fee for 

administrative processing of a CLN 

(referred to as the ‘‘fee for CLN services’’ 

throughout this rulemaking) applies to 

U.S. nationals (i.e., U.S. citizens and 

non-citizen nationals) who request a 

CLN under 8 U.S.C. 1481(a)(5) (taking 

the oath of renunciation before a U.S. 

diplomatic or consular officer abroad) as 

well as those who request a CLN under 

8 U.S.C. 1481(a)(1) to 1481(a)(4) or other 

applicable law administered by the 

Department of State. The fee for CLN 

services is remitted entirely to the 

Department of Treasury; revenue 

collected from the fee for CLN services 

is not factored into the Bureau of 

Consular Affairs’ (CA) budget. 

What is the authority for this action? 

The Department of State derives the 

authority to set fees based on the cost of 

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.’’). The President also 

has the power to set the amount of fees 

to be charged for consular services 

provided at U.S. embassies and 

consulates abroad pursuant to 22 U.S.C. 

4219, and has delegated this authority to 

the Secretary of State, E.O. 10718 (June 

27, 1957). In the absence of a specific 

statutory fee retention authority, fees 

collected for consular services must be 

deposited into the general fund of the 

Treasury pursuant to 31 U.S.C. 3302(b). 

Activity-Based Costing 

OMB Circular A–25 states that it is 

the objective of the United States 

Government to ‘‘(a) ensure that each 

service, sale, or use of Government 

goods or resources provided by an 

agency to specific recipients be selfsustaining; [and] (b) promote efficient 

allocation of the Nation’s resources by 

establishing charges for special benefits 

provided to the recipient that are at least 

as great as costs to the Government of 

providing the special benefits . . .’’ 

OMB Circular A–25, 5(a)–(b); see also 

31 U.S.C. 9701(b)(2)(A) (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 . . .’’). 

To set fees that are ‘‘self-sustaining,’’ the 

Department must determine the full cost 

of providing each consular service. 

Following guidance provided in 

‘‘Managerial Cost Accounting Concepts 

and Standards for the Federal 

Government,’’ OMB’s Statement #4 of 

Federal Accounting Standards (SFFAS 

#4), available at http://www.fasab.gov/ 

pdffiles/sffas-4.pdf, the Department 

chose to develop and use an activitybased costing (ABC) model to determine 

the full cost of all the services listed in 

its Schedule of Fees, including those 

whose fee the Department proposes to 

change. The Department refers to the 

specific ABC model that underpins the 

proposed fees as the ‘‘Cost of Service 

Model’’ or ‘‘CoSM.’’ 

The Government Accountability 

Office (GAO) defines ABC as a ‘‘set of 

accounting methods used to identify 

and describe costs and required 

resources for activities within 

processes.’’ Organizations can use the 

same staff and resources (computer 

equipment, production facilities, etc.) to 

produce multiple products or services; 

therefore, ABC models seek to identify 

and assign costs to processes and 

activities and then to individual 

products and services through the 

identification of key cost drivers 

referred to as ‘‘resource drivers’’ and 

‘‘activity drivers.’’ The goal is to 

proportionally and accurately distribute 

costs. ABC models require financial and 

accounting analysis and modeling skills 

combined with a detailed understanding 

of an organization’s business processes. 

SFFAS Statement #4 provides a detailed 

discussion of the use of cost accounting 

by the U.S. Government. 

The ABC approach focuses on the 

activities required to produce a 

particular service or product and uses 

resource drivers to assign costs through 

activities and activity drivers to assign 

costs from activities to services. In the 

context of the work of the Department’s 

Bureau of Consular Affairs (CA), 

resource drivers assign costs (resources 

including materials, supplies, and labor 

utilized in the production or delivery of 

services and products) to activities 

using business rules that reflect the 

operational reality of CA and the data 

available from consular systems, 

surveys, and internal records. Most 

resource drivers are based on time spent 

on each activity. Activity drivers assign 

the cost of consular activities to the 

services CA provides. Most activity 

drivers are based on volumes. 

Why is the Department adjusting this 

fee? 

Processing a U.S. citizen’s request for 

a CLN based on the performance of a 

potentially expatriating act provided by 

statute has always been extremely costly 

for the Department, requiring consular 

officers and employees overseas, as well 

as Bureau of Consular Affairs employees 

domestically, to spend substantial time 

accepting, processing, and adjudicating 

these requests. See 75 FR 6324; 79 FR 

51250–51. This service is necessarily 

time consuming because of 

constitutional and other safeguards 

imposed by U.S. law to ensure the 

would-be renunciant is a U.S. national 

who fully understands the serious 

consequences of renunciation and that 

the renunciation is both voluntary and 

intentional. 80 FR 51466. 

A fee for processing a request for a 

CLN under INA 349(a)(5) (taking the 

oath of renunciation before a U.S. 

diplomatic or consular officer abroad) 

was first implemented in 2010. The fee 

was set at $450, which at that time 

represented less than 25% of the cost to 

the U.S. Government. 75 FR 36529. The 

Department set the fee below cost ‘‘in 

order to lessen the impact on those who 

need this service and not discourage the 

utilization of the service.’’ 75 FR 36529. 

That decision was consistent with the 

approach taken with respect to certain 

other fees the Department has discretion 

to set below cost, including those 

provided to U.S. citizens in connection 

with applications for a Consular Report 

of Birth Abroad, emergency services, 

documentary services, and death and 

estate services. The Department’s 

estimate of the level at which U.S. 

citizens will not be deterred from taking 

advantage of the service was based on 

its extensive consultations with 

experienced consular officers and senior 

Department managers. 75 FR 36527. 


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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Proposed Rules 67689 

Subsequently, the number of requests 

for a CLN increased dramatically. 

During the period the $450 fee was in 

place, the demand for CLNs jumped 

from 956 in 2010 to 3,436 in 2014, an 

approximately 360-fold increase. The 

dramatic increase in demand meant that 

far more consular officer time and 

resources were consumed providing 

CLN services. As a result, the 

Department made the decision to set the 

fee at cost. In 2014, the Department 

issued an interim final rule raising the 

fee from $450 to $2,350, as determined 

by the results of the 2010–2014 Cost of 

Service Model (CoSM), which 

incorporated improvements that better 

captured the actual costs to the U.S. 

Government of providing consular 

services overseas. 79 FR 51251. The rule 

was finalized in 2015. 80 FR 51465. 

At the time the fee was increased, the 

Department received approximately two 

dozen comments suggesting that the 

new fee was too costly and that it 

therefore acted as a deterrent to 

renunciation. See 80 FR 51465. The 

Department took those concerns into 

account in setting the fee, but ultimately 

determined that the significant 

additional burden on consular 

operations justified setting the fee at 

cost, in accordance with general feesetting principles in 31 U.S.C. 9701 and 

OMB Circular A–25. Id. 

In the years since the fee was 

increased, members of the public have 

continued to raise concerns about the 

cost of the fee and the impact of the fee 

on their ability to renounce their 

citizenship. While there is no legal 

requirement for individuals to declare 

their motivation for renouncing U.S. 

citizenship, anecdotal evidence suggests 

that difficulties due at least in part to 

stricter financial reporting requirements 

imposed by the Foreign Account Tax 

Compliance Act (FATCA), Public Law 

111–147, on foreign financial 

institutions with whom U.S. nationals 

have an account or accounts may well 

be a factor. 

After significant deliberation, taking 

into account both the affected public’s 

concerns regarding the cost of the fee 

and the not insignificant anecdotal 

evidence regarding the difficulties many 

U.S. nationals residing abroad are 

encountering at least in part because of 

FATCA, the Department has made a 

policy decision to help alleviate at least 

the cost burden for those individuals 

who decide for whatever reason to 

request CLN services by returning to the 

below-cost fee of $450. Although the 

prior fee of $450 represents a fraction of 

the cost of providing CLN services, this 

change will better align the fee for CLN 

services with other fees for services 

provided to U.S. citizens abroad, 

including, for example, applications for 

a Consular Report of Birth Abroad, 

which all are set significantly below 

cost, even as the costs of providing these 

services have fluctuated over time. 

The Department reviews its Cost of 

Service Model annually, to calculate the 

cost of providing all services, including 

CLN services, applying its standard ABC 

methodology. If, in the future, the 

results of the CoSM indicate that the 

Department ought to reevaluate its 

approach to the fee for CLN services 

and/or other services provided to U.S. 

citizens that are set below cost, the 

Department will engage its experienced 

consular officers and senior Department 

managers to help determine the 

appropriate level at which to set the fee, 

balancing the need for the U.S. 

Government to recoup its costs with the 

need to charge a fee for these services 

that does not deter individuals from 

seeking them. 

This proposed fee change applies to 

all services included under 

‘‘Administrative Processing of Request 

for Certificate of Loss of Nationality’’ on 

the Department’s Schedule of Fees for 

Consular Services. 22 CFR 22.1 Item 8. 

That item lists services to U.S. nationals 

(i.e., U.S. citizens and non-citizen 

nationals) who request a CLN under 8 

U.S.C. 1481(a)(5) as well as services to 

U.S. nationals who request a CLN under 

8 U.S.C. 1481(a)(1)–(4) or other 

applicable law. The fee for processing a 

request for a CLN under 8 U.S.C. 

1481(a)(1)–(4) was also set at $2,350 in 

2018 as a matter of ‘‘fee parity’’ after the 

2010–2014 CoSM indicated that 

documenting a U.S. national’s 

relinquishment of nationality is 

extremely costly regardless of the 

subsection under which the request for 

a CLN is made. 80 FR 53707. Although 

the fee for processing a request for a 

CLN under 8 U.S.C. 1481(a)(1)–(4) was 

never set at $450, the same 

considerations apply and warrant a 

consistent approach in setting the fee 

below cost. 

Regulatory Findings 

Administrative Procedure Act 

The Department is publishing this 

rulemaking as a proposed rule, with a 

30-day provision for public comments. 

The Department believes that a 30-day 

comment period provides the public 

sufficient opportunity to meaningfully 

review the proposed rule and generate 

informed comments on its text. The 

proposed rule involves only one fee, 

and is not lengthy, technical, and/or 

complex. Moreover, the Department is 

engaging in this rulemaking in response 

to public concerns that already have 

been raised. A 30-day comment period 

will enable the Department to complete 

rulemaking expeditiously, which will 

facilitate implementation of a change 

that will benefit applicants seeking CLN 

services. 

Regulatory Flexibility Act 

The Department has reviewed this 

proposed rule and, by approving it, 

certifies that it will not have a 

significant economic impact on a 

substantial number of small entities as 

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

Unfunded Mandates Act of 1995 

This rulemaking will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year, and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501–1504. 

Executive Orders 12866, 13563, and 

14094 

The Department has reviewed this 

proposed rule to ensure its consistency 

with the regulatory philosophy and 

principles set forth in Executive Order 

12866, as amended by Executive Order 

14094, and Executive Order 13563, and 

affirms that this regulation is consistent 

with the guidance therein. The Office of 

Management and Budget has designated 

this rulemaking as significant under 

E.O. 12866. 

Details of the changes to the Schedule 

of Fee are as follows: 


lotter on DSK11XQN23PROD with PROPOSALS1
67690 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Proposed Rules 

TABLE 1—CHANGES TO THE SCHEDULE OF FEES

Item No. Proposed 

fee 

Current 

fee 

Change in 

fee 

Percentage 

decrease 

Projected 

annual 

number of 

applications 1

Estimated 

change in 

annual fees 

collected 2

Change in 

state 

retained 

fees 

Change in 

remittance to 

Treasury 

SCHEDULE OF FEES FOR CONSULAR SERVICES 

*******

PASSPORT AND CITIZENSHIP SERVICES 

8. Administrative Processing of Request for Certificate of Loss of 

Nationality ................................... $450 $2,350 ($1,900) (80) 4,661 ($8,855,900) $0 ($8,855,900) 

1Based on estimated FY 2022 workload calculated with FY2021 actual demand. 

2 Using FY 2021 workload to generate collections. This will be a reduction in total annual remittance to Treasury. 

Executive Orders 12372 and 13132 

This rulemaking will not have 

substantial direct effects on the states, 

on the relationship between the 

National Government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

proposed rule does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this regulation. 

Executive Order 13175 

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 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rulemaking does not impose any 

new reporting or recordkeeping 

requirements subject to the Paperwork 

Reduction Act. 

List of Subjects in 22 CFR Part 22 

Consular services, Fees. 

Accordingly, for the reasons stated in 

the preamble, 22 CFR part 22 is 

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 

continues to read as follows: 

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

1157 note, 1183a note, 1184(c)(12), 1201(c), 

1351, 1351 note, 1713, 1714, 1714 note; 10 

U.S.C. 2602(c); 22 U.S.C. 214, 214 note, 

1475e, 2504(h), 2651a, 4206, 4215, 4219, 

6551; 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. In § 22.1, amend the table by 

revising Item 8 to read as follows: 

§ 22.1 Schedule of Fees. 

The following table sets forth the fees 

for the following categories listed on 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 

*******

8. Administrative Processing of Request for Certificate of Loss of Nationality ........................................................................................... $450 

* * * * * * * 

Hugo Rodriguez, 

Acting Assistant Secretary for Consular 

Affairs, Department of State. 

[FR Doc. 2023–21559 Filed 9–29–23; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 40 and 47 

[REG–115559–23] 

RIN 1545–BQ93 

Excise Tax on Designated Drugs; 

Procedural Requirements 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations that would 

provide guidance on how taxpayers will 

report liability for the excise tax 

imposed on manufacturers, producers, 

or importers of certain designated drugs. 

The proposed regulations affect 

manufacturers, producers, and 

importers of designated drugs that sell 

such drugs during certain statutory 

periods. The proposed regulations also 


lotter on DSK11XQN23PROD with PROPOSALS1