36522 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License requirement License 

review policy 

Federal 

Register 

citation 

*******

SOUTH AFRICA ........ Gunther Migeotte, 1 River Street, Rosebank, 

Cape Town, 7700, South Africa; and P.O. 

Box 36623, Menlo Park, 0102, South Africa; and 16 Manu Rua, 262 Sprite Avenue, 

Faerie Glen, 0081, South Africa (See alternate address under Norway).

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Icarus Marine (Pty) Ltd., 1 River Street, 

Rosebank, Cape Town, South Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Ralph Brucher, P.O. Box 9523, Centurion 

0046, South Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Scavenger Manufacturing (Pty) Ltd., P.O. 

Box 288, Silverton, Pretoria 0127, South 

Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Shawn Hugo De Villiers, 1 River Street, 

Rosebank, Cape Town 7700, South Africa; 

and 39 Myburgii Street, Somerset West, 

Cape Town, South Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

UNITED KINGDOM .... Ad Hoc Marine Designs Ltd., 38 Buckland 

Gardens, Ryde, Isle of Wight PO 33 3AG, 

United Kingdom.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

Dated: June 21, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–15447 Filed 6–25–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Parts 22 and 51 

[Public Notice: 7068] 

RIN 1400–AC58 

Schedule of Fees for Consular 

Services, Department of State and 

Overseas Embassies and Consulates 

AGENCY: Bureau of Consular Affairs, 

State. 

ACTION: Interim final rule. 

SUMMARY: Further to the Department’s 

proposed rule to amend the Schedule of 

Fees for Consular Services (Schedule of 

Fees), the Department of State is 

adjusting a number of fees in light of an 

independent cost of service study’s 

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 to the extent 

possible. Seventeen hundred and 

ninety-seven comments were received 

during the period for public comment. 

This rule addresses comments received 

thus far, and reopens the comment 

period on these fees for an additional 60 

days. 

DATES: Effective date: This interim final 

rule becomes effective July 13, 2010. 

Comment date: Written comments must 

be received on or before August 27, 

2010. 

ADDRESSES: Submit comments to Office 

of the Executive Director, Bureau of 

Consular Affairs, Department of State, 

Suite H1004, 2401 E Street, NW., 

Washington, DC 20520. 

FOR FURTHER INFORMATION CONTACT: 

Adriel Bush, Office of the Comptroller, 

Bureau of Consular Affairs, Department 

of State; phone: 202–663–2596, telefax: 

202–663–2499; e-mail: fees@state.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published a proposed 

rule in the Federal Register, 75 FR 6321, 

on February 9, 2010 (Public Notice 

6887), proposing to amend sections of 

22 CFR 22. Specifically, the rule 

proposed changes to the Schedule of 

Fees for Consular Services and provided 

30 days for comments from the public. 

In response to requests by the public for 

more information and a further 

opportunity to submit comments, the 

Department subsequently published a 

supplementary notice in the Federal 

Register, 75 FR 14111, on March 24, 

2010 (Public Notice 6928). The 

supplementary notice provided a more 

detailed explanation of the Cost of 

Service Study (CoSS), the activity-based 

costing model that the Department used 

to determine the proposed fees for 

consular services, and reopened the 

comment period for an additional 15 

days. During this and the previous 30- 

day comment period, 1,797 comments 

were received, either by email or 

through the submission process at 

http://www.regulations.gov. The current 

notice reflects responses by the 


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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36523 

Department to the comments received in 

the 45 days during which the comment 

period for this proposed rule was open. 

Nonimmigrant visa fees, including 

fees for Machine-Readable Visas (MRVs) 

and Border Crossing Cards (BCCs), have 

been modified pursuant to a separate 

rule published May 20, 2010 at 75 FR 

28188. These modified fees are reflected 

in Item 21 of the Schedule of Fees below 

alongside the modified fees addressed 

in the present notice. 

What Is the authority for this action? 

As explained when the revised 

Schedule of Fees was published as a 

proposed rule, the Department of State 

derives the statutory 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; * * * the value of the 

service or thing to the recipient; * * * 

public policy or interest served; and 

* * * other relevant facts.’’). As 

implemented through Executive Order 

10718 of June 27, 1957 (22 FR 4632), 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. When a 

service provided by the Department 

‘‘provides special benefits to an 

identifiable recipient beyond those that 

accrue to the general public,’’ guidance 

issued by the Office of Management and 

Budget (OMB) requires as follows: ‘‘user 

charges will be sufficient to recover the 

full cost to the Federal Government 

* * * of providing the service * * * or 

good * * * .’’ OMB Circular A–25, ¶ 

6(a)(1), (a)(2)(a). 

Other authorities allow or require the 

Department to charge fees for consular 

services, but do not determine the 

amount of such fees, as the amount is 

statutorily determined, such as the $13 

fee, discussed below, for machinereadable Border Crossing Cards (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, § 410(a) 

(reproduced at 8 U.S.C. 1351 note). 

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 requires 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, § 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, 

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 rule published at 75 

FR 28188 on May 20, 2010. 

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, § 1244(d) (reproduced at 11 

U.S.C. 1157 note); Omnibus 

Appropriations Act, 2009, Pub. L. 111– 

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

§ 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, § 410(a), reproduced at 8 U.S.C. 1351 

note. 

While for most consular services, the 

funds collected from fees must be 

deposited into the Treasury, various 

statutes permit the Department to retain 

the fees it collects for certain services. 

See, e.g., 31 U.S.C. 3302(b); 2 GAO 

Principles of Appropriations Law, 6– 

199 (3d ed.) (‘‘fees * * * paid * * * to 

the government * * * must be 

deposited in the Treasury as 

miscellaneous receipts, absent statutory 

authority to the contrary’’). Among these 

statutes are the following: (1) The MRV 

and BCC fees, Omnibus Consolidated 

and Emergency Supplemental 

Appropriations Act of 1999, Public Law 

103–236, Title I, § 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, 

Pub. L. 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 

embedded in the passport book and 

passport card application fees, 22 U.S.C. 

214(b)(1), 22 CFR 51.51(d) (WHTI 

surcharge ‘‘will be recovered * * * from 

within the passport fee reflected in the 

Schedule of Fees for Consular 

Services’’); (5) the diversity visa lottery 

fee, Omnibus Consolidated 

Appropriations Act, 1997, Public Law 

104–208, Div. C, Title VI, § 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 homeresidence requirement, 22 U.S.C. 1475e. 

The Department also has available to it 

a portion of certain fraud prevention 

and detection fees charged to petitioners 

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

1184(c)(12)(A), (13)(A), 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, Pub. L. 110–457, 122 Stat. 5044, 

Title II, § 239 (reproduced at 8 U.S.C. 


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36524 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

1351 note)—the Department of 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. See 31 U.S.C. 

9701(b)(2)(A). As set forth in OMB 

Circular A–25, ‘‘[w]hen a service * * * 

provides special benefits to an 

identifiable recipient beyond those that 

accrue to the general public, a charge 

will be imposed * * * to recover the 

full cost to the Federal Government for 

providing the special benefit * * * .’’ 

See OMB Circular No. A–25, ¶ 

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., §§ 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. See 31 U.S.C. 9701(b)(2) 

(user charges based on costs to the 

Government, the value of the service to 

the recipient, the public policy or 

interest served, and other relevant facts). 

The Department reviews consular fees 

periodically to determine each fee’s 

appropriateness in light of 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, QED Group, LLC, its 

subcontractor Booz Allen Hamilton, 

Inc., 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 of 

Fees. Activity-based costing in general 

and the methodology employed by the 

CoSS to arrive at the various costs of the 

consular services provided by the 

Department are discussed in detail in 

the supplementary notice of proposed 

rulemaking, at 75 FR 14111. 

In situations where services are 

provided with enough frequency to 

develop a reliable estimate of the 

average time involved, the Schedule of 

Fees 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 of Fees 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 of Fees will be in effect. The 

Department based all fees in the 

Schedule of Fees on projected Fiscal 

Year 2010 workloads. 

As a result of the CoSS’s findings and 

the Department’s analysis of these 

findings, the Department hereby 

implements, in the form of an interim 

final rule allowing 60 additional days 

for public comment, adjustments to the 

Schedule of Fees with respect to a 

number of consular services, as 

discussed below. The fees for other 

consular services remain unchanged. As 

noted above, adjustments to 

nonimmigrant visa fees, including those 

for BCCs, have been promulgated under 

a separate rule published May 20, 2010, 

see 75 FR 28188, and these adjustments 

are reflected in the revised Schedule of 

Fees below. 

The last broad set of amendments to 

the Schedule of Fees 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 

(DHS). These DHS fees were most 

recently updated by that agency on July 

30, 2007, and are potentially subject to 

change in the near future. See 75 FR 

33447 (June 11, 2010) (proposed rule on 

DHS fees). The Department of State lists 

these DHS fees in the Department of 

State Schedule of Fees for cashiering 

purposes only; a complete list of fees 

collected from applicants by 

Department of State cashiers are posted 

in every embassy and consulate so that 

when customers pay fees to these 

cashiers they can compare the amount 

requested to the posted schedule. The 

Department of State has no authority to 

set DHS fees, and any time DHS changes 

its fees, the Department of State updates 

those items. DHS lists these fees at 22 

CFR 103.7(b)(1). As of June 18, 2010, 

these fees and their amounts were as 

follows: 

• Filing immigrant visa petition: 

Petition to classify status of alien 

relative for issuance of immigrant visa 

(Item 31(a) on the Department of State 

Schedule of Fees; DHS Form I–130): 

$355. 

• Filing immigrant visa petition: 

Petition to classify orphan as an 

immediate relative (Item 31(b) on the 

Department of State Schedule of Fees; 

DHS Form I–600): $670. 

• Special visa services: Waiver of 

immigrant visa ineligibility (Item 35(d) 

on the Department of State Schedule of 

Fees; DHS Form I–601): $545. 

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 16 and older) from $55 to 

$70. The application fee for a passport 

book for a minor (under age 16) will 

remain at $40. The CoSS calculated the 

cost of processing first-time passport 

applications for both adults and minors 

as $105.80, based on a projected FY 

2010 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 tenyear validity period of an adult passport 

book, the Department has decided to 

leave the minor passport book 

application fee at $40, and to 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 


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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36525 

within the fee and not charged 

separately or separately itemized in the 

Schedule of Fees, see 22 CFR 51.51(d) 

(noting absence of separate itemization), 

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 FY 2010 workload of 218,000 

applicants. Therefore, the Department 

will charge $82 for this service. The 

costs associated with adding additional 

visa pages to a passport book are 

described in greater detail in the 

supplementary notice, 75 FR 14111, 

14113 (Mar. 24, 2010). Another 

alternative to additional visa pages is to 

request, at the time of applying for a 

passport, the larger 52-page passport 

book offered by the Department for 

travelers who anticipate that they will 

need more than 28 visa pages. Any 

passport applicant may request a larger 

book at the time of application for no 

additional fee. The Department will 

make information about this option 

more widely available to customers both 

domestically and overseas, to ensure 

that applicants are able to take 

advantage of it. 

Passport Card Application Services 

The CoSS calculated that the cost of 

processing first-time applications for 

adult and minor passport cards is 

$77.59, based on an FY 2010 workload 

projection of 1.56 million cards, and 

that 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 only to raise the adult 

passport card application fee from $20 

to $30, and the minor passport card 

application fee from $10 to $15. See 31 

U.S.C. § 9701(b)(2) (user charge based 

on cost, value to the recipient, public 

policy or interest served, and other 

relevant facts). 

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, see 22 

CFR 51.51(d) (noting absence of separate 

itemization), 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 verify 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 costly, time-intensive research. 

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 FY 2010 workload 

projection of 80,000 applications. Based 

on that analysis, the Department is 

raising 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. See 31 U.S.C. 

9701(b)(2). 

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 portion 

of the total cost to the U.S. Government 

of documenting the renunciation of 

citizenship. While the Department 

decided to set the fee at $450, this fee 

represents less than 25 percent of the 

cost to the U.S. Government. The 

Department has determined that it must 

recoup at least a portion of its costs of 

providing this very costly service but set 

the fee lower than the cost of service in 

order to lessen the impact on those who 

need this service and not discourage the 

utilization of the service, a development 

the Department feels would be 

detrimental to national interests. See 31 

U.S.C. 9701(b)(2). 

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 

per case 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, per 

case—in order to assist bereaved 

families. 

Immigrant Visa Application Processing 

Fee 

In the past, the Department has 

charged a single application processing 

fee for processing an immigrant visa, 

regardless of category: $355. The 

Department has concluded, however, 

that it will be more equitable to set the 

fee for each immigrant visa category at 

a level commensurate with the average 

cost of producing that particular 

product. The CoSS found, however, that 

applications for certain immigrant visa 

categories cost more to process than 

others. Accordingly, the Department has 

created in the current Schedule of Fees 

a four-tiered immigrant visa application 

processing fee structure based on CoSS 

estimates for each discrete category of 

immigrant visa. 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 


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36526 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

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, § 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 had 

previously been 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, as 

determined by the CoSS. 

Determining Returning Resident Status 

The CoSS found that determining the 

status of persons who claim to be lawful 

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. See 31 U.S.C. 9701(b)(2). 

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 1,400 services. The 

Department will accordingly raise the 

fee for these services to $2,275. The 

costs associated with processing letters 

rogatory and Foreign Sovereign 

Immunities Act judicial assistance cases 

are described in greater detail in the 

supplementary notice, 75 FR 14111, 

14113 (Mar. 24, 2010). 

Taking Depositions or Executing 

Commissions To Take Testimony 

Several services fall under this 

heading, and fees for three of the 

services will be raised as a result of the 

CoSS’s conclusions on the costs to the 

U.S. Government. The new fees appear 

in the Schedule of Fees 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 now only costs 

$231 per hour, per employee. Therefore, 

the Department will lower this fee to 

$231 per hour. 

Analysis of Comments 

As noted, the proposed rule was 

published for comment on February 9, 

2010. During the comment period, 

which initially closed March 11, 2010, 

and was subsequently extended for an 

additional 15-day period ending April 8, 

2010, the Department received 1,797 

comments. 

The majority of the comments 

received (1,271) expressed concern 

about the increase in the passport book 

fees. Two hundred and twenty-eight 

commenters cited the current economic 

climate as a reason to not increase fees 

or requested that the Department wait 

until the economy improves. The 

American Automobile Association 

(AAA) commented regarding the 

possibility of citizens being deterred 

from purchasing a passport or 

processing a renewal and how this 

would affect the travel business. AAA 

recognized the need of the Department 

to cover its costs, but suggested the 

changes be delayed until the nation 

shows further signs of economic 

recovery. The American Association of 

Travel Agents (AATA) described the 

increase in fees as being at ‘‘crosspurposes’’ with efforts to stimulate 

business and adding costs to AATA’s 

business. Furthering its point, AATA 

argued that contrary to popular belief, 

international travel generates revenue 

for American businesses. Rather than 

arguing for no fee increases whatsoever, 

AATA requests that the increases not be 

as great as proposed, in order to 

encourage travel during an economic 

recession. Finally, United Air Lines, 

Inc., and the U.S. Travel Association 

submitted a joint comment underscoring 

that the change to the passport fee may 

deter international travel by U.S. 

citizens and will represent as a 

substantial increase in costs to their 

businesses as United Air Lines pays for 

the U.S. passports of its crew members. 

While the Department of State is 

aware of the financial impact this fee 

increase may have on individuals and 

businesses, its passport processing 

operations must be self-sustaining to the 

extent possible, and it has accordingly 

set these fees at a level that will allow 

cost recovery—and not more. The 

Department also maintains that the 

increase in passport fees is not 

significant in comparison with the 

overall costs of international travel. 

One comment, submitted jointly by 

the Identity Project, the Consumer 

Travel Alliance, the Center for Financial 

Privacy and Human Rights, and John 

Gilmore (collectively, ‘‘Identity 

Project’’), suggested that the Department 

‘‘should stop including RFID chips in 

passports and passport cards, instead of 

increasing the fees to cover the costs of 

RFID chips.’’ Identity Project suggested 

that it would be ‘‘more secure for 

passport holders’’ and called the chips 

‘‘a surveillance and control feature, not 

a security feature.’’ While such 

comments are not directly relevant to 

the fees proposed in this rule, the 

Department would offer that the 

purpose of such chips is to provide 

instant confirmation of, or a link to, 

electronic records that confirm the 

document has not been altered and is in 

fact a genuine U.S. passport document; 


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their purpose is not to permit the 

‘‘surveillance’’ of passport holders. The 

comment also insisted that passport 

requirements, such as the Western 

Hemisphere Travel Initiative— 

particularly the requirement of a 

passport book or card to enter and leave 

the United States—violate the First 

Amendment rights of U.S. citizens, 

including the right to assemble and the 

right to petition for redress of 

grievances. The comment suggests that 

the Department should consider 

‘‘rescinding or amending the WHTI 

regulations.’’ Yet the change in passport 

fees covered by this rule does not have 

an impact in this arena. The Identity 

Project fails to recognize that WHTI was 

mandated by Congress, and its 

requirements—including the 

requirement of a passport book or card 

to enter or leave the United States— 

cannot be undone by the Department. 

The Identity Project concluded that ‘‘the 

Department should eliminate RFID 

chips from passport books and cards, 

and eliminate the requirement for U.S. 

citizens to have or display a passport or 

other government-issued credential as a 

prerequisite to the exercise of their 

Constitutional and international treaty 

rights to depart from, and return to, U.S. 

territory, by any means and to or from 

any other country or territory, or to or 

from international waters or airspace.’’ 

Those aims are quite clearly outside the 

scope of this rule, which merely 

modifies the fees charged to applicants 

for passport books and cards. 

Two commenters, including the 

Identity Project, questioned how the 

Department decided to deviate from 

CoSS findings to keep the passport card 

fee artificially low, below cost. 

One of those comments urged the 

Department to identify and apply a 

consistent standard to govern deviations 

from full-cost principles. The 

Department does apply such a standard. 

Where the Department believes that the 

provision of a given overseas citizens 

service is important, yet setting the fee 

above a certain amount will deter U.S. 

citizens overseas from taking advantage 

of it, the Department may make a policy 

decision to offer the service at a reduced 

fee or at no fee. The Department bases 

its estimate of the level at which U.S. 

citizens will be deterred from taking 

advantage of the service by undertaking 

extensive consultations with 

experienced consular officers and senior 

Department managers. Included among 

these services are the Consular Report of 

Birth Abroad (as explained elsewhere in 

this rule), documenting renunciation of 

citizenship, and death and estate 

services. Also included are several nofee emergency services provided to U.S. 

citizens in peril abroad or otherwise in 

an emergency situation. The Department 

may also make a decision to set a given 

fee below cost where the cost to the 

Department of providing the service is 

considerably higher than comparable 

services in the United States, because 

the overhead and support costs of 

operating overseas are much greater 

than if the services were performed in 

the United States, such as notarial 

services. See 31 U.S.C. 9701(b)(2) (user 

charge based on cost, value to the 

recipient, public policy or interest 

served, and other relevant facts). 

Those commenters who argued that 

the Department sets the passport card 

fee at an arbitrarily low level have, in 

the Department’s view, misconceived 

the purpose of the passport card, as 

articulated by Congress. Members of 

Congress have indicated that the price 

of a passport card should remain low 

compared to that of a passport book, in 

order not to discourage American 

citizens who live near the nation’s land 

borders from crossing on a regular basis 

for a number of reasons, including 

commerce, tourism and visiting family. 

In accordance with this preference, the 

Department has determined that the cost 

of a passport card should remain at the 

level established in this interim final 

rule, even though the adjudication and 

production process for passport cards is 

roughly the same as for passport books, 

and thus the U.S. Government’s costs 

are roughly the same. Another reason 

the price of a passport card is lower 

than that of a passport book is that the 

card omits the costs of no-fee overseas 

citizens services, since travelers using 

the card are likely to be on relatively 

brief cross-border trips such that most 

emergencies would be handled by 

travelers relying on family members and 

services in the United States; such costs 

are, however, included in the fee for the 

passport book. Twelve comments 

addressed the increased cost of the 

passport cards directly, but without 

articulating a specific concern other 

than the price increase. 

One hundred sixteen comments 

addressed the fact that individuals 

could be deterred from purchasing a 

passport book with the intention of 

using it to cross the Canadian or 

Mexican borders for travel and/or 

business, due to the higher price of the 

book compared to the card. In separate 

letters to Secretary of State Hilary 

Rodham Clinton, Congressman Brian 

Higgins and Congressman Christopher 

Lee of New York expressed concern that 

the increase in the price of passport 

books would make them less affordable 

for the average American citizen, and 

would discourage citizens from 

conducting cross-border commerce. As 

noted above, the Department does not 

believe that individuals will be deterred 

by the increased price of a passport from 

engaging in cross-border travel. 

Moreover, for those who desire a less 

expensive product, the passport card is 

available for cross-border land travel. As 

explained, the Department has made the 

price of a passport card lower than the 

cost associated with producing and 

adjudicating such cards largely to 

ameliorate the impact of the Western 

Hemisphere Travel Initiative’s passport 

requirement on those living near our 

borders with Canada and Mexico who 

cross frequently for a number of reasons 

including commerce and visiting family. 

By keeping the card fee low, crossborder business and travel is still a 

possibility without the need to purchase 

the passport book at a higher price. 

A handful of authors suggested means 

for encouraging the purchase of 

passports by introducing certain 

programs such as non-profit business 

discounts, family discounts for multiple 

purchasing, and special senior citizen or 

student rates. As noted at several points 

above, the Department sets its consular 

fees with the objective of full cost 

recovery, though in some 

circumstances—such as with some 

overseas citizen services whose costs are 

allocated to fees for passport books—the 

Department has made a decision to set 

the fees lower than the full cost of 

providing that particular service. In 

future fee-setting exercises, the 

Department will consider this proposal 

for additional services for which the fee 

for a particular service is below the cost 

of providing that service. A comment 

from the National Association of 

Passport and Visa Services (NAPV) 

requested that the Department allow 

issuance of two passport books to a 

single individual for frequent travelers: 

a regular ten-year-validity book, and 

another book with a two-year period of 

validity. The second passport would 

allow individuals to continue to travel 

internationally on one passport while 

allowing them to submit the second 

passport to foreign governments for 

visas for future travel, thereby 

accommodating the requirement of 

many governments that passports be 

physically relinquished to their 

embassies in order for the latter to 

process and affix the visa. NAPV 

suggested a lower price point for the 

second passport book, but according to 

the CoSS, the cost of printing and 

adjudication of such a passport would 

be the same regardless of the length of 

time the second book would be valid. 

NAPV suggests a limited cost recovery 


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solution to a problem, which it admits 

applies to only ‘‘a select group of 

frequent business travelers and airline 

pilots.’’ The Department does not 

believe that given the limited number of 

beneficiaries, the proposal justifies 

charging below the full cost for these 

two-year passport books and assigning 

the difference to the price of 10-year 

passport books. 

Twenty-two of the comments 

expressed support for the proposed fee 

changes in order to provide added 

security to American citizens, travel 

documents, and increase the level of 

service provided by the Department. 

Two hundred and thirty-seven 

comments were received regarding the 

fee for additional passport visa pages. 

Most writers expressed concern that a 

once-free service will now cost $82. The 

majority of those who commented said 

they were business professionals who 

are required to travel frequently for their 

jobs, and questioned how inserting 

pages into a passport book could cost so 

much. Yet as explained in the 

supplementary notice, 75 FR 14111, 

14113, the cost of that service includes 

not only the pages themselves, the 

employee time spent affixing the pages 

into a passport, endorsing the passport, 

and performing a quality-control check 

on the expanded passport; but also the 

costs of trained labor, supervisors, and 

overhead; of performing a name check 

of the applicant prior to providing the 

service, and a share of the overall costs 

of no-fee emergency services provided 

to Americans overseas—costs 

incorporated into and assigned across 

all passport book services. The 

Department does offer a larger passport 

for travelers who anticipate that they 

will need more visa pages. Any passport 

applicant may request a larger book (52 

pages, instead of the standard 28) at the 

time of application for no additional fee. 

The Department will make information 

about this option more widely available 

to customers both domestically and 

overseas, to ensure that applicants are 

able to take advantage of it. 

Over one hundred comments 

requested that the Department raise the 

execution fee for passports (Item 1 on 

the Schedule of Fees). Those who 

commented are predominantly county 

clerks from border states whose offices 

serve as passport acceptance agencies 

along with the U.S. Postal Service 

(USPS). In total, the Department 

partners with approximately 9,400 

acceptance agencies, the majority of 

which are U.S. Post Offices. The 

execution fee was lowered in 2008 from 

$30 to $25, and remains at $25 in the 

current Schedule of Fees. Most of these 

comments stated that the current $25 

does not cover the facilities’ existing 

costs, citing in particular the increased 

costs associated with the institution of 

a requirement in 2009 that traceable 

mail be used to forward all applications 

to the Department for processing. The 

Department arrived at the current fee of 

$25 based on a unit cost agreed upon by 

USPS and the Department’s Consular 

Affairs Passport Services Office in 2008. 

The Department is willing to review 

and, if necessary, set a new amount for 

the execution fee, but will do so based 

on actual cost data. The Department will 

engage with USPS and its other 

acceptance agency partners in the 

coming year to update existing cost 

estimates for performing this service, 

and will analyze whether a fee increase 

is warranted. 

Twenty comments addressed the fee 

for documentary services, generally 

expressing the concern that the fees the 

Department charges for notarial services 

overseas are far greater than the fees 

banks and other offices charge for such 

services domestically. The costs of 

performing such services overseas—by 

expatriate staff, in secure buildings—is 

in fact higher than it might be at a U.S. 

bank. Despite the increase, the cost to 

the Department of providing these 

services is still greater than is being 

charged to the public, as explained in 

the section entitled ‘‘Providing 

Documentary Services’’ in the 

supplementary information above. 

One comment questioned whether the 

increase of the fee for processing letters 

rogatory was reasonable. This 

individual agreed with the increase in 

passport book fees and described 

them—incorrectly—as a routine 

increase fostered by the recent backlog 

and demand for the document. With 

regard to the fee for processing letters 

rogatory, however, the commenter was 

concerned whether the fee would be too 

financially burdensome on those who 

need such services and must pay for 

them. Yet letter rogatory services are 

complex and time-consuming, generally 

stretching over months and requiring a 

considerable amount of consular time 

and resources. Some of the activities 

involved in performing letter rogatory 

services are described in the 

supplementary notice, 75 FR 14111, 

14113. These services are relatively 

infrequent—there were only 449 

performed in FY 2008, the last base year 

used in the CoSS—and the requests are 

varied, covering both criminal and civil 

matters ranging from family law to 

business litigation. The fee for this 

service is also generally minor 

compared to the overall expenses 

related to litigation. Moreover, the 

Department provides information to the 

public on alternative methods of seeking 

judicial assistance and actively 

recommends international conventions 

on judicial assistance, such as the Hague 

Service and Evidence Conventions, for 

the consideration of countries that are 

not yet parties to these agreements. The 

United States has treaty relationships 

concerning judicial assistance with over 

70 countries, and the number of 

countries that do not have alternative 

procedures to the letters rogatory 

procedure is small. The impact of the 

price increase for these services will 

therefore be limited in scope. 

Several authors claimed that the 

increase in the cost of the application 

for a Consular Report of Birth Abroad 

(CRBA) of a citizen of the United States 

will deter American citizens from 

declaring the birth of children born 

abroad. The fee is substantially less than 

the cost, $100 compared to a cost of 

$197.28. The Department decided to 

charge less than cost precisely to 

prevent American citizens from being 

deterred from declaring the birth of a 

child while overseas which would be 

detrimental to national interests. Two 

commenters in a joint submission 

complained that the Department has 

failed to provide data to support its 

concern that too high a CRBA fee might 

deter U.S. citizen parents from properly 

documenting their child’s birth. As 

discussed above, the Department based 

this determination on its extensive 

experience in the area. Moreover, a 

situation of undocumented birth often 

creates serious problems for the child in 

the future when he or she attempts to 

prove his or her citizenship for purposes 

of acquiring a U.S. passport or obtaining 

another benefit of U.S. citizenship. For 

these reasons, the Department has made 

a policy decision to keep the CRBA fee 

as affordable as possible, even though 

the cost to the U.S. Government of 

processing a CRBA is higher than $100. 

See 31 U.S.C. 9701(b)(2). Other CRBArelated comments cited challenges 

regarding the exchange rate affecting the 

cost of this service and the lack of need 

should the child qualify for citizenship 

of the nation of residence. With respect 

to the latter submission, while the 

Department encourages parents to 

document the birth of a U.S. citizen— 

including one who holds another 

country’s citizenship as well—whether 

parents choose to do so is at their 

discretion. 

Some commenters argued that the fee 

for documentation for renunciation of 

citizenship—$450—is too costly, 

especially since that service has 

heretofore been provided at no charge. 

The Department has determined that it 

must recoup at least a portion of its 


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costs of providing this very costly 

service. In order to lessen the impact on 

those who need this service and not 

discourage the utilization of the service, 

the Department decided to set the fee at 

$450, less than 25 percent of the cost to 

the U.S. Government. See 31 U.S.C. 

9701(b)(2). 

Seven comments, including the 

previously referenced joint comment 

from United Air Lines and the U.S. 

Travel Association, requested more 

information on the Cost of Service 

Study itself. In response, the 

Department published the 

supplementary notice of March 24, 

2010, see 75 FR 14111, and allowed an 

additional 15 days for public comment. 

The Department received one further 

comment from United Airlines and the 

U.S. Travel Association, on April 8, 

2010, within the 15-day period. That 

comment made an additional request for 

actual cost and related data and 

specifically requested: Specific inputs 

used to determine cost for the U.S. 

passport book and passport card; that 

the Department confirm how the CoSS 

ensured that administrative support 

costs were correctly attributed to 

individual consular services and that 

these costs for positions not dedicated 

to fee-based consular activities were 

excluded from the CoSS; and that the 

Department confirm whether the CoSS 

accounted for the transition to the DS– 

160 electronic nonimmigrant visa 

application. United Air Lines and the 

U.S. Travel Association also requested 

that the Department suspend final 

publication of the rules, release 

additional data supporting its proposed 

fee increases, and hold a public meeting 

to address questions from the public. 

Concerning the request for specific 

inputs used to determine the cost for the 

U.S. passport book and card, such data 

sets are being published in the Federal 

Register together with this rule. With 

regard to the question of administrative 

support costs and the DS–160, the 

Department has addressed those 

concerns of United and the U.S. Travel 

Association in the interim final rule 

concerning MRV and BCC fees, at 75 FR 

28188 (May 20, 2010), and directs the 

reader to the discussion there. 

Based on a review of all the 

comments, the Department has 

determined that it is unnecessary to 

suspend publication of this interim final 

rule pending release of additional data 

or a public meeting, though it will 

provide an additional postpromulgation comment period of 60 

days, and will consider any comments 

received prior to publishing the rule in 

final form. As explained above, the 

Department has provided information 

regarding the basis for the fee changes 

in the notice of proposed rulemaking on 

February 9, 2010, provided significant 

additional information in response to 

the requests of United Air Lines, the 

U.S. Travel Association, and others in a 

supplemental notice dated March 24, 

2010. The Department has provided the 

public a total of 45 days in which to 

make comments concerning the 

proposed fee changes. The Department 

determined that a supplemental written 

notice would provide more useful 

information and reach a broader public 

audience than a public meeting. 

Regulatory Findings 

Administrative Procedure Act 

The Department is issuing this 

interim final rule with an effective date 

15 days from the date of publication. 

The Administrative Procedure Act 

permits a final rule to become effective 

fewer than 30 days after the publication 

if the issuing agency finds good cause. 

5 U.S.C. 553(d)(3). The Department 

finds that good cause exists for an early 

effective date in this instance for the 

following reasons. 

As stated in the supplementary 

information above, the Department’s 

mandate is to align as closely as 

possible its user fees for consular 

services with the actual, measured costs 

of those services. This enables better 

cost recovery and ensures that U.S. 

taxpayers do not subsidize consular 

services. 31 U.S.C. 9701; OMB Circular 

A–25. See also GAO–08–386SP, Federal 

User Fees: A Design Guide. The CoSS, 

which supports the fees set by this rule, 

used data from past years, as well as 

predictive data for Fiscal Years 2010 

and 2011, to determine the amount of 

the fees set by this rule. The fees 

currently charged by the Department 

cover less than 73 percent of the 

underlying services’ true cost. On a 

monthly basis, taxpayers are paying 

$23.9 million in unmet costs for 

consular services that should be borne 

by those who actually benefit from those 

services. In the current economic 

climate, this shortfall is unusually 

grave, exacerbating budgetary pressures 

and threatening other critical 

Department priorities. It is thus in the 

public’s interest to make the 

appropriated funds currently used to fill 

this gap available as soon as possible. 

For these reasons, and because the 

public’s level of preparation for this fee 

increase is unlikely to be meaningfully 

improved by 15 additional days of 

advance warning, the Department finds 

that good cause exists for making this 

rule effective after 15 days of its 

publication as an interim final rule. 

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, while small entities 

sometimes pay judicial service fees if 

required for legal matters with foreign 

companies, they do so in very limited 

circumstances and in 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 


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Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1501–1504. 

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 

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/Congressional 

Review Act 

As required by 5 U.S.C. 801, the 

Department will submit to Congress a 

report regarding the issuance of this 

interim final rule. The report will state 

that it has been determined that the 

interim final rule is a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). As noted in 

the discussion regarding the 

Administrative Procedure Act, and for 

the same reasons, the Department finds 

good cause that the effective date of this 

major rule be fifteen days after its 

publication as an interim final rule, 

since an additional 60-day delay in the 

effective date is impracticable and 

contrary to the public interest. 5 U.S.C. 

808(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 

Fed. Reg. 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.’’); OMB Circular A– 

25, ¶ 6(a)(2)(a). This regulation sets the 

fees for passports, immigrant visas, and 

other consular services at the amount 

required to recover the costs associated 

with providing the service in question, 

as explained in the preamble. 

Accordingly, this rule has been 

submitted to OMB for review. 

Item Proposed fee Current fee Change in fee Percentage 

increase 

Number of fees 

collected in 

FY09 

Consequent 

total increase in 

fees assuming 

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 

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 .................... 500,732 ¥12,518,300 

32(b). Immigrant visa application processing for employment-based applications.720 ................... 355 ................... 365 ................... 103 ................... 16,691 6,092,215 

32(c). Immigrant visa application processing for other visa 

classes.

305 ................... 355 ................... ¥50 .................. ¥14 .................. 58,131 ¥2,906,550 

33. Diversity Visa Lottery fee ... 440 ................... 375 ................... 65 ..................... 17 ..................... 53,490 3,476,850 

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 


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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36531 

Item Proposed fee Current fee Change in fee Percentage 

increase 

Number of fees 

collected in 

FY09 

Consequent 

total increase in 

fees assuming 

FY09 workloads 

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 

Details of the proposed fee changes 

are as follows: 

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. 

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 

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. 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 minimal in 

comparison with other costs associated 

with foreign travel. For example, taxes 

and surcharges alone on an 

international airfare can easily surpass 

$100, and many airlines charge 

substantial fees for checking bags. 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; passport 

demand is expected to remain relatively 

stable in the near term. 

Executive Orders 12372 and 13132 

This regulation 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 

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. 

Paperwork Reduction Act 

This rule does not impose or alter any 

reporting or recordkeeping 

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 amended as follows: 

PART 22—[AMENDED] 

■ 1. The authority citation for part 22 is 

revised 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. 


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36532 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

Order 10718, 22 FR 4632; Exec. Order 11295, 

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 

website (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. 

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. 


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SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued 

Item 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—age 15 and over (valid 10 years) ................................................................................ $140. 

(f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card (valid 10 years or until the applicant reaches age 15, whichever is sooner).$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 Speical Visa Services 

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

(a) Petition to classify status of alien relative for issuance of immigrant visa ....................................................... For fee amount, see 8 CFR 

103.7(b)(1). 

(b) Petition to classify orphan as an immediate relative ........................................................................................ For fee amount, see 8 CFR 

103.7(b)(1). 

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. 

(d) 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) ........................................ For fee amount, see 8 CFR 

103.7(b)(1). 

(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. 


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36534 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued 

Item No. Fee 

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. 

(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. 


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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36535 

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued 

Item No. Fee 

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. The authority citation for part 51 

continues to read as follows: 

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

22 U.S.C. 211a, 212, 213, 213n (Pub. L. 106– 

113 Div. B, Sec. 1000(a)(7) [Div. A, Title II, 

Sec. 236], 113 Stat. 1536, 1501A–430); 214, 

214a, 217a, 218, 2651a, 2671(d)(3), 2705, 

2714, 2721, & 3926; 26 U.S.C. 6039E; 31 

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

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

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

1970 Comp., p. 570; Sec. 1 of Pub. L. 109– 

210, 120 Stat. 319; Sec. 2 of Pub. L. 109–167, 

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

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

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

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

■ 4. 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: June 22, 2010. 

Patrick F. Kennedy, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 2010–15622 Filed 6–25–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

Freedom of Information Act, Privacy 

Act of 1974; Implementation 

AGENCY: Department of the Treasury. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On January 6, 2010, the 

Department of the Treasury published a 

document in the Federal Register, 

amending the Department of the 

Treasury’s regulations on the disclosure 

of records under the Freedom of 

Information Act (FOIA) and its 

regulations concerning the Privacy Act 

of 1974 (Privacy Act). It also amended 

the appendices to these subparts setting 

forth the administrative procedures by 

which the Special Inspector General for 

the Troubled Asset Relief Program 

(‘‘SIGTARP’’) will process requests for 

records made under the FOIA, and set 

forth the administrative procedures by 

which SIGTARP will implement the 

Privacy Act. In addition, that document 

revised the list of Treasury offices and 

bureaus found this part. 

The Department of the Treasury is 

publishing this document to make 

correcting amendments to correct errors 

made in that document. 

DATES: Effective Date: June 28, 2010. 

FOR FURTHER INFORMATION CONTACT: Dale 

Underwood, Privacy Act Officer, 

Department of the Treasury, phone 

number 202–622–0874 or 

dale.underwood@do.treas.gov. 

SUPPLEMENTARY INFORMATION: The final 

rule published on January 6, 2010, was 

for the purpose of updating the list of 

Treasury bureaus and offices 

enumerated in 31 CFR 1.1 and 1.20, and 

conform the regulations with the 

organization of the Department as set 

out in Treasury Order 101–05, 

‘‘Reporting Relationships and 

Supervision of Officials, Offices and 

Bureaus, Delegation of Certain 

Authority, and Order of Succession in 

the Department of the Treasury’’ dated 

February 19, 2008. The description of 

the revisions made to § 1.20 of this part 

were not clear resulting in redundant 

paragraphs at the end of that section. 

In FR Doc. E9–31150 appearing in 

column 3 on page 745 in the Federal 

Register of Wednesday, January 6, 2010, 

a number of errors were made. This 

document amends 31 CFR 1.20 to 

correct those errors. 

List of Subjects in 31 CFR Part 1 

Freedom of Information; Privacy. 

■ Accordingly, part 1 of title 31 of the 

Code of Federal Regulations is corrected 

by making the following correcting 

amendments: 

PART 1—DISCLOSURE OF RECORDS 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 31 U.S.C. 321. 

Subpart A also is issued under 5 U.S.C. 552, 

as amended. Subpart C also is issued under 

5 U.S.C. 552a. 

Subpart C—[Amended] 

■ 2. Section 1.20 is amended as follows: 

■ a. Revise paragraph (j). 

■ b. Remove paragraphs (k) through (m). 

■ c. Revise the first sentence of the 

undesignated paragraph at the end of 

the section. 

The revisions read as follows: 

§ 1.20 Purpose and scope of regulation. 

* * * * * 

(j) Financial Crimes Enforcement 

Network. 

* * * * * 

For purposes of this subpart, the 

office of the legal counsel for the 

components listed in paragraphs (a)(23), 

(a)(24), (a)(25), (b) through (j) of this 

section are to be considered a part of 

such components. * * * 

* * * * * 


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