63478 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules

Compliance: Required as indicated, unless

accomplished previously.

To detect and correct fatigue cracks on the

wing/fuselage joint cruciform fittings, which

could result in reduced structural integrity of

the wing/fuselage, accomplish the following:

(a) Prior to the accumulation of 28,000 total

landings, or within 60 days after the effective

date of this AD, whichever occurs later,

perform an ultrasonic inspection to detect

fatigue cracking in the wing/fuselage joint

cruciform fittings, in accordance with Airbus

Service Bulletin A320–57–1051, Revision 01,

dated March 21, 1996.

(1) If no cracking is detected, repeat the

inspection thereafter at intervals not to

exceed 20,000 landings.

(2) If any crack is detected, prior to further

flight, repair it in accordance with the service

bulletin. Thereafter, repeat the inspection at

the times specified in paragraph (a)(2)(i) or

(a)(2)(ii) of this AD, as applicable.

(i) If the crack that was detected and

repaired was greater than 2.5 mm: Repeat the

inspection prior to the accumulation of

32,000 landings since accomplishment of the

repair; and thereafter at intervals not to

exceed 32,000 landings.

(ii) If the crack that was detected and

repaired was less than or equal to 2.5 mm:

Repeat the inspection prior to the

accumulation of 28,000 landings since

accomplishment of the repair; and thereafter

at intervals not to exceed 20,000 landings.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their request through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Note 3: The subject of this AD is addressed

in French airworthiness directive 96–299–

094(B), dated December 18, 1996.

Issued in Renton, Washington, on

November 21, 1997.

Stewart R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–31333 Filed 11–28–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF STATE

22 CFR Parts 22, 51, and 53

[Public Notice 2653]

Schedule of Fees for Consular

Services, Department of State and

Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs,

State Department.

ACTION: Proposed rule.

SUMMARY: This proposed rule sets forth

the fees for consular services that are

proposed to take effect on February 1,

1998, and makes appropriate

implementing and other related changes

in affected portions of title 22 of the

Code of Federal Regulations.

Specifically, the rule makes changes in

the Schedule of Fees for Consular

Services (‘‘Schedule of Fees’’ or

‘‘Schedule’’) published in 22 CFR

section 22.1 and makes technical

changes to 22 CFR Part 51 (concerning

passport fees) and 22 CFR Part 53. The

changes to the Schedule of Fees include

adjustments to existing fees and a new

processing fee for diversity visa

applicants (see 22 CFR 42.33(i)), for

which the proposed rule was published

in the Federal Register on June 16,

1997. The primary objective of the

proposed adjustments to the Schedule

of Fees is to ensure that the Department

recovers the costs of consular services

through user fees to the maximum

extent appropriate and permitted by

law. As a result of new data on the cost

of services, the passport fee is being

lowered while most other fees are being

increased. In addition, the proposed

Schedule of Fees is being restructured

and streamlined. Fees for antiquated

services no longer performed are being

removed and fees for other services are

being consolidated or more

appropriately located, making the

proposed Schedule easier to read and

understand. Consular services that will

be performed for no fee are being added

to the Schedule to facilitate tracking the

costs of these services and to inform the

public of all significant consular

services provided by the Department.

DATES: Written comments must be

received on or before December 31,

1997.

ADDRESSES: Interested persons are

invited to submit comments to: Office of

the Executive Director, Bureau of

Consular Affairs, Room 4820A,

Department of State, Washington, DC

20520.

FOR FURTHER INFORMATION CONTACT:

Sally Light, Office of the Executive

Director, Bureau of Consular Affairs,

telephone (202) 647–1148; telefax (202)

647–3677.

SUPPLEMENTARY INFORMATION:

Background

The majority of the Department of

State’s consular fees are established

pursuant to the general user charges

statute, 31 U.S.C. 9701, and/or 22 U.S.C.

4219, which, as implemented through

Executive Order 10718 of June 27, 1957,

authorizes the Secretary of State to

establish fees to be charged for official

services by embassies and consulates.

Fees established under these authorities

include fees for immigrant visas, for

expedited passport processing, for

fingerprints and FBI name checks, and

for overseas consular services. In

addition, a number of statutes address

specific fees: Passport issuance fees are

authorized by 22 U.S.C. 214, as are fees

for the execution of passport

applications. Section 636 of the Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996, Pub. L. 104–

208, 110 Stat. 3009–703–704 (Sept. 30,

1996), authorizes establishment of a

diversity visa application fee to recover

the full costs of the visa lottery

conducted pursuant to Sections 203 and

222 of the Immigration and Nationality

Act (‘‘INA’’), 8 U.S.C. 1153, 1202. (The

Department published a proposed rule

establishing that fee on June 16, 1997.)

Nonimmigrant visa reciprocity fees are

authorized pursuant to Section 281 of

the INA , 8 U.S.C. 1351. The

establishment of a nonimmigrant visa

processing fee for machine readable

visas (commonly known as the ‘‘MRV

fee’’) notwithstanding Section 281 of the

INA is authorized by Section 140(a) of

the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995, Pub. L.

103–236, 108 Stat. 399 (April 30, 1994),

as amended. Certain persons are

exempted by law from payment of

specific fees. (These statutory

exemptions are noted in the fee

schedule.) Various statutes also permit

the Department to retain some of the

consular fees it collects. These are, at

present, the MRV fee, the passport

expedite fee, the fingerprint fee, and the

diversity visa lottery fee.

With the exception of nonimmigrant

visa reciprocity fees, which are

established based on the practices of

other countries, all consular fees are

established on a basis of cost recovery

and in a manner consistent with general

user charges principles, regardless of the

specific statutory authority under which

they are promulgated. The Department

of State is required to review consular

fees periodically to determine the

appropriateness of each fee in light of
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules 63479

applicable provisions of OMB Circular

A–25, which addresses the

establishment of user charges. Those

guidelines state that services that

directly benefit individuals,

organizations, or groups should be paid

for by the users rather than general

taxpayers. Services performed for the

primary benefit of the general public or

the U.S. Government, however, should

be supported by tax revenues. The

changes set forth in the proposed

Schedule of Fees reflect those

guidelines. For example, new user fees

have been added for a few consular

services which directly benefit

individuals but now are provided for no

fee at taxpayer expense.

Consistent with OMB Circular A–25,

from September 1995 to September

1996, the Department conducted a costof-service study to determine the direct

and indirect costs associated with each

consular service the Department

provides, using fiscal year 1995 data.

The study was supervised by the Bureau

of Consular Affairs and performed with

the assistance of an outside contractor.

The contractor and Department staff

surveyed and visited domestic and

overseas consular sites handling

approximately half of all consular

services worldwide in FY 1995. In

conducting the cost study, the

contractor used the activity-based

costing (‘‘ABC’’) methodology, which

measures the cost and performance of

activities, resources, and cost objects

related to the delivery of specific

products and services. The ABC

methodology was used to determine

direct labor costs to deliver each

identified consular service. The costs of

materials and supplies, overhead

support, and general and administrative

support were also included, to ensure

that the full cost of service was

captured. This methodology resulted in

a more accurate determination of the

Department’s costs in providing

consular services, and will permit better

management of such costs and services

in the future. Detailed information

concerning the methodology of the

study is available from Bureau of

Consular Affairs.

Based on this effort and subsequent

follow-up work, the Department is now

proposing adjustments to the Schedule

of Fees as shown below. The Schedule

will take effect in FY 1998. Future

adjustments to the Schedule of Fees will

be made as appropriate.

Because the proposed Schedule of

Fees has been restructured and

streamlined, a direct side-by-side

comparison with the current schedule,

last updated in 1991, is not possible.

Instead, each fee on the proposed

schedule is cross-referenced to the

appropriate item number on the current

fee schedule (22 CFR part 22.1) to

facilitate comparison, or identified as a

new fee. (These cross-references will not

be included in the final rule.) Major

changes in the schedule are discussed

below.

Passports

The current fee schedule shows a fee

of $10 to execute a passport application;

a fee of $55 for issuance of a ten-year

passport; and a fee of $40 for issuance

of a five-year (child’s) passport. The

new schedule shows a $15 execution

fee. Passport issuance fees are lowered,

however, from $55 to $45 for first-time

issuance to adults, and to $40 for

renewals. The fee for issuance of fiveyear passports for minors will be

lowered from $40 to $25 in all cases.

Processing and issuance of a child’s

passport costs at least as much as an

adult passport (because extensive

identification checking is required).

Rapid changes in the physical

appearance of children and the potential

for child custody issues also dictate

issuance of a five- rather than ten-year

validity passport to children under the

age of 16. The shorter validity of a

child’s passport was the key factor in

keeping the fee below that of an adult’s

passport notwithstanding the similar

processing costs.

The new passport fees will fully

recover the costs of passport application

processing. In addition, consistent with

long-standing Department practice, a

portion of the fee will recover the cost

of all emergency citizens services

performed overseas, including

assistance in cases of arrest, detention,

death, or serious illness or accident

abroad, and the costs of certain

nonemergency citizens services, such as

passport amendments and U.S. citizens

registering their presence at overseas

posts, that the Department believes are

appropriately allocated to all passport

users, and/or for which separate fees are

impracticable. (Such reallocations are to

all passports issued, whether first-time

issuances or renewals.)

While the cost of overseas passport

processing is high, the fee reduction is

possible because the vast majority of

passports are issued domestically. It

generally costs the Department less to

provide a service domestically than

overseas, and there have been

significant improvements in the

efficiency and productivity of the

Department’s higher-volume domestic

passport operations.

Passport Expedite Fee

The proposed Schedule increases the

passport expedite fee from $30 to $35.

This fee will recover the costs of

guaranteeing a maximum turn-around

time of three business days to qualified

users. Expedited service will be

provided, and the expedite fee will be

charged, to all customers seeking inperson service at a U.S. Passport

Agency, with one minor exception. The

expedite fee will not be charged when

the Department determines that the

applicant is required to apply at a U.S.

Passport Agency. This generally will be

in complex citizenship cases where inperson services are necessary for

adjudication of the application. The

Department continues to encourage

applicants to use lower-cost passport

acceptance agents, drop boxes, and

mail-in services whenever possible. A

passport may be obtained for the basic

processing and issuance fee by applying

in the normal course of business, while

the more expensive, expedited service is

available for those with a special need

for urgent issuance.

Adjudication of Citizenship for

Undocumented Passport Applicants

Born Overseas

A new fee is proposed for citizenship

adjudication for previously

undocumented passport applicants born

overseas. The cost of these complex

citizenship adjudications has until now

been allocated to the passport fee. The

Department has concluded that this

service should instead be broken out of

the passport fee and made the subject of

a separate fee.

The Immigration and Naturalization

Service (INS) currently charges $100 to

adjudicate such citizenship cases in

connection with an application for a

certificate of citizenship. The

Department has observed that

previously undocumented applicants

whose primary interest is in obtaining a

citizenship adjudication, rather than a

passport, often apply for a passport

instead to avoid paying the INS

citizenship adjudication fee. The

Department’s FY 1995 average cost to

adjudicate citizenship is at least $80.

These cases involve a different and

often more complex adjudication

process than passport applications of

previously documented citizens; for

example, additional interviews and

evidence may be required and more

complex legal issues may be involved.

The proposed fee of $100 will equalize

the INS and State Department fees for

the same service and ensure full

recovery of the Department’s costs of

providing this service. It also will
63480 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules

ensure that the actual users of the

service, rather than all passport

applicants, bear the cost of these

complex citizenship adjudications.

Passport Waiver

The Department at present has a $100

fee for waiving the requirement that a

U.S. citizen travel in or out of the

United States on a U.S. passport. The

proposed Schedule reallocates the cost

of processing passport waivers to the

passport fee, thereby making passport

waivers a no-fee service. This

reallocation is consistent with the fact

that virtually all users of this service are

or will be passport holders, and with the

Department’s general practice of

allocating the cost of emergency

consular services to the passport fee. In

addition, the reallocation eliminates the

administrative costs of collection and

addresses concerns over the fairness of

the separate fee expressed by many

Americans whose passports have been

lost or stolen. Those who must travel

immediately despite the theft or loss of

a passport, or because of a genuine

emergency, will no longer be subject to

a $100 fee in order to receive a passport

waiver.

The Department is not, at this time,

amending 22 CFR section 53.2(h), which

provides for the collection of a fee for

the waiver of the passport requirement

as specified in the Schedule of Fees.

Changes may be made to section 53.2(h)

at a later time, however.

Report of Birth Abroad of a Citizen of

the United States

The Department at present charges a

$10 fee for issuance of a Report of Birth

Abroad of a Citizen of the United States

which is proof of U.S. citizenship (see

22 U.S.C. 2705). The average cost of

providing this service is in fact

considerably higher (close to $180), in

part because of cases involving parents

who lived overseas for long periods of

time and whose prior residency in the

United States must be confirmed. The

proposed Schedule increases the fee for

a Report of Birth Abroad of a Citizen of

the United States to $40, and reallocates

the remaining costs of this service to the

passport fee. The resulting increase in

passport fees is negligible. The

Department believes that this combined

approach (adjusting the fee to recover

more of the costs of service from the

actual users and reallocating the

remaining costs to the passport fee)

appropriately balances the policy of

placing costs on actual users with the

strong public policy interest in

encouraging all U.S. citizens whose

children are born abroad to obtain a

Report of Birth Abroad of a Citizen of

the United States when the child is

born.

Emergency Overseas Assistance for

American Citizens

The primary responsibility of U.S.

consular officers overseas is the

protection and welfare of American

citizens. No-fee services performed in

instances of arrest, missing persons, and

destitution are listed on the proposed

Schedule for the information of the

American traveler. As noted in the

discussion of the passport fee, the costs

for these services will continue to be

reallocated to the passport fee,

consistent with long-standing

Department practice. This ensures that

any American traveling abroad may

obtain emergency consular services

without regard to ability to pay for the

actual services rendered.

The current Schedule lists services

relating to death and estates of

Americans overseas in several sections.

The proposed Schedule consolidates all

death and estate services in one new

section. Services related to the death of

an American citizen are performed for

no fee. The costs of these services have

been reallocated to the passport fee.

Two death and estate fee items have

been added to the proposed Schedule.

The first is a $700 fee for services

required for the transshipment of the

remains of a foreign national through

the United States. This service is

performed infrequently but at a high

cost, which is more appropriately paid

by the next-of-kin rather than by the

American taxpayer.

A fee for acting as provisional

conservator of estates of U.S. citizens

with a value of over $10,000 also has

been added to the proposed Schedule.

Consular officers will continue where

necessary to take possession of and

inventory all estates of Americans who

die overseas. But overseeing the

appraisal, sale, and final disposition of

estates over $10,000, disbursing funds,

and carrying out other legally related

estate business is more appropriately

handled by an attorney. Such estate

services are performed for the benefit of

the next-of-kin and should be paid for

by the users rather than by the taxpayer.

Services Relating to Vessels and

Seamen

The provision of consular services

relating to vessels and seamen has fallen

dramatically in recent years.

Accordingly, maritime services have

been consolidated into three fee items

on the proposed Schedule of Fees to

more accurately reflect the nature,

volume, and cost of performing the

services.

Documentary Services for American

Citizens

Documentary services are listed in

several sections of the current Schedule

of Fees. The proposed Schedule

consolidates all documentary services in

one section. Current item 46, noting of

a negotiable instrument, is performed so

infrequently that it will no longer be

listed as a separate service but will be

charged for as a notarial service. Current

item 75, typing a copy or extract of a

document, has been dropped from the

Schedule on the assumption that

documents are now photocopied and/or

certified rather than retyped.

The fee for notarial services is

currently $10. In the new Schedule, it

will be increased to $55, reflecting the

high cost of performing such services

overseas. For many years, the notarial

fee has been held well below the actual

cost of performing this service by

reallocating part of the costs of

performing notarials to the passport fee.

Most notarials performed at embassies

and consulates overseas are for the

benefit of individual Americans and

foreign nationals engaged in legal or

business transactions, however. These

are not emergency services and there is

no particular public interest in ensuring

that the service is obtained from a U.S.

consulate. In many cases, the user can

obtain the necessary notarial service

from a local provider, but uses a U.S.

consular officer because the fee is lower.

Thus the artificially low fee for notarial

services has the general effect of

increasing the notarial workload of our

overseas posts. The Department has

concluded that the costs of this service

should be recovered in full from the

individuals for whom they are actually

performed rather than in part from all

passport holders.

In the case of certifications, however,

for which the cost of service is

approximately the same as for notarials,

the Department proposes to continue to

set the proposed fee below the actual

cost of service, and to reallocate the

remainder of the cost to the passport fee.

Certifications are almost exclusively of

official U.S. government documents

issued by embassies and consulates

overseas (e.g., reports of births and

deaths occurring overseas). The need for

such documents generally arises from

the fact of an American citizen’s travel

abroad, and there is a significant public

interest in certifying such documents’

authenticity at a relatively minimal cost.

In addition, the Department has

reviewed its existing exemptions from

documentary service fees and is

eliminating those that are not required

by law or that do not serve any
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules 63481

significant public interest. Others are

being modified or clarified.

Visas

The structure of the immigrant visa

application processing and issuance fees

remains the same, although the fees are

being increased to reflect the actual

costs of service. In addition, the

Department is instituting an additional

fee, in the nature of a surcharge, for

diversity visa applicants. The final rule

for the diversity visa fee was published

in the Federal Register on August 8,

1997. This additional fee, which will

recover the lottery costs from those

lottery entrants who actually apply for

diversity visas, was authorized by

Section 636 of the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996, Pub. L. 104–208, 110 Stat.

3009–703–704 (Sept. 30, 1996).

Administration of the lottery is part of

the cost of allocating such visas, and it

would be impracticable to impose a fee

on all visa lottery entrants (technically,

visa ‘‘petitioners’’, given the millions of

entrants, the problems of collecting a

uniform fee from individuals all over

the world (who will have varying access

to international currency), and the

burden of having to collect and account

for what would be a very small fee from

a large number of persons.

Since 1994, the Department has

collected a nonimmigrant visa (NIV)

application processing fee from NIV

applicants at posts issuing machine

readable visas (MRVs), commonly

known as the ‘‘MRV’’ fee. The MRV

technology is now installed worldwide,

as are improved information

management systems for ensuring that

all visa applicants are checked against

the visa lookout system. The NIV/MRV

application fee, originally set at $20,

will increase to $45. This amount is

based on the volume-weighted average

cost of processing a nonimmigrant visa,

including border crossing cards, crew

visas, treaty trader/investor visas, fiance ́

visas, and petitions for intracompany

transferee and temporary worker visas,

using the new MRV and enhanced

lookout technologies. The proposed new

fee is significantly higher because the

original $20 fee, in addition to being

based on cost data available in 1991, did

not include the costs of the new

technology. The proposed Schedule of

Fees continues to require that the fee be

paid by virtually all NIV applicants,

with only very limited exceptions (e.g.,

for diplomatic visas).

The NIV application processing fee is

cost-based and is paid regardless of

whether a visa is issued because it

covers the cost of processing the visa

application. Note that applicants who

are issued a visa also may be charged an

NIV issuance fee based on reciprocity

with the host country (Item 57 in the

proposed schedule). These reciprocal

NIV issuance fees were not included in

the Department’s cost-of-service study

because they are not cost-based but

rather are determined in light of other

countries’ practices. The Department

seeks to ensure that the total amount of

U.S. nonimmigrant visa fees, including

the NIV application processing fee and

any issuance fees based on reciprocity,

reflects the total of a foreign country’s

fees for comparable visas.

Under the current Schedule of Fees,

visa processing fees for crewmen, who

generally are manifested on a single

crew list document, are based on the

number of crew members on the

document. In fact, each crew member’s

eligibility for a visa is reviewed as if he

or she were applying for a

nonimmigrant visa. This review requires

the same amount of labor and

processing time as a nonimmigrant visa

application. To ensure full recovery of

those costs, the nonimmigrant visa

processing fee of $45 on the proposed

Schedule will apply to each individual

crew applicant. The separate entry on

the Schedule for crewmen is therefore

being eliminated.

The proposed Schedule includes new

fees for two special visa-related services

for aliens that currently are performed

for no fee: (1) Legal permanent resident

status may expire when an alien

remains outside the United States for an

extended period of time. Application for

returning resident status is made at

embassies and consulates overseas.

Processing a returning resident

application involves the same work as

processing an immigrant visa. (2) Legal

permanent resident aliens who have lost

their alien registration cards may apply

at an embassy or consulate for a

transportation letter to re-enter the

United States—a service that also

requires a discernible amount of

consular time. The cost of both of these

services currently is paid by the

American taxpayer. The proposed fees

for these special services for aliens will

more appropriately allocate the costs of

performing them to the users. The

proposed fee for the first service is $50

and the fee for the second service is

$120.

Deletions

A number of services are being

deleted from the Schedule; for example,

Administration of Examinations, which

is not a consular service, but rather a

service to other agencies. It is frequently

performed by administrative rather than

consular officers. Similarly, Freedom of

Information Services, which are

performed by another office in the

Department, has been deleted.

Amendments to 22 CFR Part 51,

Subpart D (22 CFR 51.61 Through

51.67)

The Department is also making

technical amendments to 22 CFR Part

51, Subpart D, which addresses passport

fees. Although passport fees are listed in

the Schedule of Fees published at 22

CFR 22.1, 22 CFR 51.61 also sets forth

the current passport fees under the

heading ‘‘statutory fees.’’ The

Department has decided not to include

the specific amount of the fees in

section 22 CFR 51.61, but instead to

cross-reference to the Schedule of Fees.

This will permit future adjustments to

passport fees to be made more

efficiently, since it will be necessary to

amend only the Schedule of Fees as it

appears in 22 CFR 22.1. The Department

is similarly amending 22 CFR 51.67,

which at present states the specific

amount of the fee for expedited passport

services.

In addition, 22 CFR 51.62 provides for

the possibility of ‘‘regulatory fees,’’ but

does not set forth any services for which

such fees are charged. The Department

believes that the provision for

‘‘statutory’’ and ‘‘regulatory’’ fees in

sections 51.61 and 51.62, respectively,

reflects the fact that the precise amount

of certain passport fees formerly was

specified by statute while other

passport-related fees could potentially

be established by regulation pursuant to

general statutory authorities. Now,

however, the statutes that specifically

provide for passport fees no longer set

the actual amount of the fee to be

charged. Instead, all fees are authorized

by statutes that leave the precise amount

to be set by regulation in accordance

with user charges principles. As a

result, the Department has concluded

that sections 51.61 and 51.62 can now

be combined into a single section,

which will be section 51.61, setting

forth the passport services for which

fees will be charged. The remaining

sections of Subpart D will be

renumbered accordingly.

Finally, amendments are being made

in Subpart D to conform that Subpart to

other changes made in the Schedule of

Fees and to modernize its provisions.

Amendment to 22 CFR Part 53

The title of 22 CFR Part 53 is being

changed and the authority citation is

being revised.

Regulatory Findings

This rule is not considered to be a

major rule for purposes of E.O. 12291
63482 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules

nor is it expected to have a significant

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act, 5 U.S.C.

605(b). This rule does not impose

information collection requirements

under the provisions of the Paperwork

Reduction Act, 44 U.S.C. Chapter 35.

This rule has been reviewed as required

by E.O. 12988 and determined to be in

compliance therewith. This rule is

exempt from E.O. 12866 but has been

reviewed internally by the Department

to ensure consistency with the

objectives thereof and by OMB in light

of its public policy implications. OMB

has determined that the rule would in

any event not constitute a significant

regulatory action under E.O. 12866.

List of Subjects

22 CFR Part 22

Consular services, Fees, Schedule of

fees for consular services, Passports and

visas.

22 CFR Part 51

Passports, fees.

22 CFR Part 53

Passport requirement and exceptions.

Accordingly, parts 22, 51, and 53 are

proposed to be amended as follows:

PART 22—[AMENDED]

1. The authority citation for part 22 is

revised to read as follows:

Authority: 8 U.S.C. 1153 note, 1351, 1351

note; 22 U.S.C. 214, 4201, 4206, 4215, 4219;

31 U.S.C. 9701; E.O. 10718, 22 FR 4632, 3

CFR, 1954–1958 Comp., p. 382; E.O. 11295,

31 FR 10603, 3 CFR, 1966–1970 Comp., p.

570.

2. Section 22.1 is revised to read as

follows:

22.1 Schedule of fees.

Item No. Fee

Passport and Citizenship Services

1. Passport Services. [former nos. 1, 3, 4]: 1

(a) Execution ......................................................................................................................................... $15.00.

(b) First-time issuance:.

(1) Applicants age 16 or over ............................................................................................................... $45.00 plus expedited processing

fee if applicable.

(2) Applicants under age 16 .................................................................................................................. $25.00 plus expedited processing

fee if applicable.

(c) Subsequent issuance (renewal):.

(1) Applicants age 16 or over ............................................................................................................... $40.00 plus expedited processing

fee if applicable.

(2) Applicants under age 16 .................................................................................................................. $25.00 plus expedited processing

fee if applicable.

(d) Expedited service (exclusive of express mail charges) not applicable overseas:.

(1) Requested guaranteed 3-day service ............................................................................................. $35.00.

(2) In-person service at a U.S. Passport Agency, unless the Department has determined that the

applicant is required to apply at a U.S. Passport Agency.

$35.00.

2. Exemptions: The following applicants are exempted from passport fees: [former no. 5]:

(a) Officers or employees of the United States proceeding abroad or returning to the United States

in the discharge of their official duties, or their immediate family members (22 U.S.C. 214).

No fee.

(b) American seamen who require a passport in connection with their duties aboard an American

flag vessel (22 U.S.C. 214).

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).

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.

(e) Peace Corps and Volunteer Leaders deemed to be employees of the United States for purposes of exemption from passport fees (22 U.S.C. 2504(a)).No fee.

3. File search and verification of U.S. citizenship when applicant has not presented evidence of citizenship

and previous records must be searched. (This fee will not be charged when the applicants’ passport was

stolen or when one of the exemptions in item 38 is applicable.) [former no. 10(a)].

$15.00.

4. Determination or adjudication of U.S. citizenship for applicants born overseas who have not presented a

U.S. passport, Report of Birth Abroad of a Citizen of the United States, or Certificate of Naturalization or

Citizenship from the Immigration and Naturalization Service. [new] 2.

$100.00.

5. Passport amendments, to add current or new information, change a name, extend a previous passport

time limitation, correct an administrative error, validate a passport for travel to restricted countries, or add

extra pages. [former no. 6].

No fee.

6. Passport waiver (22 CFR 53.2(h), Passport requirement and exceptions). [former no. 12] .......................... No fee.

7. Registration of a U.S. citizen at a U.S. Embassy or Consulate when documentary evidence of U.S. citizenship has been presented. [former no. 7].No fee.

8. Report of Birth Abroad of a Citizen of the United States (includes new no. 4). [former nos. 8, 9(a)] ........... $40.00.

9. Issuance of Replacement Report of Birth Abroad of a Citizen of the United States by the Department of

State in Washington. [former no. 9].

$40.00.

For fees relating to obtaining documents from passport files and related records, see Documentary Services, item 35 and succeeding.

(Item nos. 10 through 14 vacant.)

Overseas Citizens Services

General Overseas Assistance:

15. Arrest visits. [new] .................................................................................................................................. No fee.

16. Assistance regarding the welfare and whereabouts of a U.S. citizen, including child custody inquiries. [new].No fee.

17. Loan processing. [new]:.
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules 63483

Item No. Fee

(a) Repatriation loans. ........................................................................................................................... No fee.

(b) Emergency dietary assistance loans. .............................................................................................. No fee.

(Item Nos. 18–20 vacant.)

Death and Estate Services:

21. Identification of remains and consultation with family members of a U.S. Citizen. [new] ..................... No fee.

22. Assistance to the next-of-kin in making arrangements for shipping or other disposition of remains of

a U.S. Citizen. [former no. 73].

No fee.

23. Affidavit attesting to preparation and packing of remains of a U.S. Citizen. [former no. 59] ................ No fee.

24. Issuance of consular mortuary certificate on behalf of a U.S. Citizen. [former no. 60] ........................ No fee.

25. Assistance in transshipment of remains of a foreign national to or through the United States, including documentation covered by items 23 and 24. [new].$700.00.

26. Preparation of Report of Death of an American Citizen Abroad, including sending copies to legal

representative and closest known relative or relatives. [former no. 9(c)].

No fee.

27. Acting as a provisional conservator of estates of U.S. citizens (other than U.S. Government employees), including taking possession of, making an inventory, placing the official seal on the estate,

overseeing the appraisal, sale and final disposition of the estate, disbursing funds, forwarding securities, etc.: [former no. 70, 71, 72]:.

(a) Estates under $10,000 .................................................................................................................... No fee.

(b) Estates $10,000 or more, for rendering services additional to taking possession, inventorying,

and placing the official seal.

Consular time (item 70) and costs.

(Item nos. 28–29 vacant.)

Services Relating to Vessels and Seamen:

30. Shipping and seamen services, including recording of bill of sale of vessel purchased abroad, taking of application for certificate of American ownership, and investigation. [former no. 34].Per service, $80.00.

31. Documentary services related to shipping, including issuance of certificate of American ownership.

[former no. 35].

Per service, $650.00 plus costs incurred.

32. Services provided for an American vessel or American seamen. 22 U.S.C. 4206. [former no. 36] .... No fee.

(Items nos. 33–34 vacant.)

Documentary Services

35. Notarials. [former nos. 45 (a) and (b)] .......................................................................................................... $55.00.

36. Certifications:

(a) Certifying under official seal that a copy or extract made from an official or a private document

is a true copy. [former nos. 45(c), 10(c)].

$20.00; each additional copy

$10.00.

(b) Certifying under official seal a statement or extract from official files or a statement that no

record of an official file can be located. [former no. 10(d)].

$20.00; each additional copy

$10.00.

(c) Certifying the fact of issuance of a Report of Birth Abroad of a Citizen of the United States and

certifying copies of documents relating to births, marriages, and deaths of citizens abroad issued

by a U.S. Embassy or Consulate (obtainable from the Department of State, Washington, D.C.).

[former no. 9].

$20.00; each additional copy

$10.00.

37. Authentications:

(a) Certifying to official character of a foreign notary or other official (i.e., authenticating a document). [former no. 45(d), 9(b)].$32.00.

(b) Authenticating a federal, state, or territorial seal, or certifying to the official status of an officer of

the United States Department of State or of a foreign diplomatic or consular officer accredited to

or recognized by the United States Government, or any document submitted to the Department

for that purpose. [former no. 45(f)].

$32.00.

38. Exemptions: Notarial, certification, and authentication fees (items 35, 36, and 37) or passport file search

fees (item 3) will not be charged when the service is performed: [former nos. 11, 58]:

(a) At the request of any federal government agency (unless substantial costs would be incurred) .. No fee.

(b) At the request of any state or local government, the District of Columbia, or any of the territories or possessions of the United States (unless substantial costs would be incurred).No fee.

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

connection with obtaining federal, state, or municipal benefits.

No fee.

(d) For American citizens outside the United States preparing ballots for any public election in the

United States or any of its territories.

No fee.

(e) At the 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.

(f) At the request of a foreign government official when appropriate or as a reciprocal courtesy ....... No fee.

(g) At the request of U.S. Government personnel, Peace Corps volunteers, or their dependents

stationed or traveling officially in a foreign country.

No fee.

(h) With respect to documents whose production is ordered by a court of competent jurisdiction ..... No fee.

39. 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. [former

no. 66].

No fee.

40. Providing seal and certificate for return of letters rogatory executed by foreign officials. [former no. 67] .. $455.00.

41. Taking depositions or executing commissions to take testimony. [former no. 69] ....................................... Per hour, $200.00 plus costs incurred.

(Items nos. 42–49 vacant.)

Visa Services

50. Immigrant visa application processing fee. [former no. 20] .......................................................................... $260.00.
63484 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules

Item No. Fee

51. Immigrant visa application surcharge for Diversity Visa Lottery. [former no. 19] ......................................... $75.00.

52. Immigrant visa issuance fee. [former no. 21] ................................................................................................ $65.00.

53. Refugee case preparation and processing. [new] ........................................................................................ No fee.

54. Nonimmigrant visa application processing fee. [former no. 26] .................................................................... $45.00.

55. EXEMPTIONS from nonimmigrant visa application processing fee: [former no. 26]:

(a) Applicants for A, G, C–2, C–3, and NATO visas ............................................................................ No fee.

(b) Applicants for J visas participating in official U.S. Government (USIA or USAID) sponsored educational and cultural exchanges.No fee.

(c) Persons issued replacement machine readable visas when the original machine readable visa

has not adhered to the passport or other travel document through no fault of the applicant.

No fee.

(d) Persons exempted by international agreement as determined by the Department ....................... No fee.

(e) Persons travelling to participate in charitable activities as determined by the Department ........... No fee.

56. Visa fingerprinting. [former no. 28] ................................................................................................................ $25.00.

57. Nonimmigrant visa issuance fee, including border crossing cards. [former nos. 22, 24] ............................. RECIPROCAL.

58. EXEMPTIONS from nonimmigrant visa issuance fee: [former no. 23]:

(a) An official representative of a foreign government or an international or regional organization of

which the U.S. is a member.

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.

59. Special visa processing services for aliens: [new]:

(a) returning resident status .................................................................................................................. $50.00.

(b) transportation letter .......................................................................................................................... $120.00.

(c) waiver of immigrant visa ineligibility (collected for INS; subject to change) ................................... $95.00.

60. Filing immigrant visa petition (collected for INS; subject to change) ............................................................ $80.00.

(Items Nos. 61–64 vacant.)

Administrative Services

65. Nonemergency telephone calls. [former no. 85] ........................................................................................... Local long distance rate plus

$10.00.

66. Setting up and maintaining a trust account for 1 year or less to transfer funds to or for the benefit of an

American in need in a foreign country. [former no. 92].

$20.00.

67. Transportation charges incurred in the performance of fee and no-fee services when appropriate and

necessary. [former no. 94].

Costs incurred.

68. Emergency passport photo service. [former no. 13] ..................................................................................... No fee.

69. Return check processing fee. [former no. 95] ............................................................................................... $25.00.

70. Consular time charges as required by this schedule or for fee services performed away from the office

or after-duty-hours. [former no. 93].

Per hour, $180.00 plus costs incurred.

71. Photocopies (provided other than pursuant to 22 CFR Part 171 or order of a court of competent jurisdiction). [former nos. 10(b), 76].Per page, $1.00.

(Item nos. 72–80 vacant.)

1 Note: Former numbers will not appear in the Final rule.

2 ‘‘New’’ designations will not appear in the Final rule.

§ 22.8 [Removed]

3. Section 22.8 is removed.

PART 51—[AMENDED]

4. The authority citation for part 51 is

revised to read as follows:

Authority: 22 U.S.C. 211a, 212, 213, 214,

214a, 216, 217a, 2671(d); 31 U.S.C. 9701; Sec.

129, Pub. L. 102–138, 105 Stat. 661; E.O.

11295, 36 FR 10603, 3 CFR, 1966–1970

Comp., p. 570.

5. Section 51.61 is revised to read as

follows:

§ 51.61 Passport fees.

Fees, including execution fees, shall

be collected for the following passport

services in the amounts prescribed in

the Schedule of Fees for Consular

Services (22 CFR 22.1):

(a) A fee for each passport issued,

which fee shall vary depending on

whether the passport is issued to a firsttime applicant or a renewal applicant

and on the age of the applicant. The

passport issuance fee shall be paid by

all applicants at the time of application,

except as provided in § 51.62(a).

(b) A fee for execution of the passport

application, except as provided in

section 51.62 (b), when the applicant is

required to execute the application in

person before a person authorized to

administer oaths for passport purposes.

This fee shall be collected as part of the

passport issuance fee at the time of

application and is not refundable (see

22 CFR 51.65). When execution services

are provided by an official of a state or

local government or of the United States

Postal Service, the fee may be retained

by that entity to cover the costs of

service, pursuant to an appropriate

agreement with the Department of State.

(c) A fee for expedited services, if any,

provided pursuant to 22 CFR 51.66.

6. Section 51.62 is removed and

sections §§ 51.63 through 51.66 are

redesignated as §§ 51.62 through 51.65,

respectively.

7. Newly redesignated § 51.63 is

amended in paragraph (a) by changing

‘‘§ 51.63’’ to read ‘‘§ 51.62’’, and in

paragraph (f) by changing ‘‘§ 51.67’’ to

read ‘‘§ 51.66’’.

8. Newly redesignated § 51.66 is

amended by revising paragraphs (a) and

(c) to read as follows:

§ 51.66 Expedited passport processing.

(a) Within the United States, an

applicant for a passport service

(including issuance, amendment,

extension, or the addition of visa pages)

may request expedited processing by a

Passport Agency. All requests by

applicants for in-person services at a

Passport Agency shall be considered

requests for expedited processing,

unless the Department has determined

that the applicant is required to apply

at a U.S. Passport Agency.

* * * * *

(c) A fee shall be collected for

expedited processing service in the
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules 63485

amount prescribed in the Schedule of

Fees for Consular Services (22 CFR

22.1). This amount will be in addition

to any other applicable fee and does not

include urgent mailing costs, if any.

PART 53—PASSPORT REQUIREMENT

AND EXCEPTIONS

9. The title of Part 53 is revised to

read as set forth above.

10. The authority citation for part 53

is revised to read as follows:

Authority: 8 U.S.C. 1185; Proc. 3004, 18 FR

489, 3 CFR, 1949–1953 Comp., p. 180.

Dated: November 19, 1997.

Patrick F. Kennedy,

Acting Under Secretary for Management.

[FR Doc. 97–30838 Filed 11–28–97; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 901

RIN 0701–AA58

Appointment to the United States Air

Force Academy

AGENCY: Department of the Air Force,

Department of Defense.

ACTION: Proposed rule.

SUMMARY: The Department of the Air

Force proposes to revise its regulation

on processing nominations and

appointments to the United States Air

Force Academy (USAFA). The proposed

revision changes admission age limit

from 22 to 23, service obligation from 6

to 5 years, USAFA/OL–C to USAFA/

RRA, changes high school AFJROTC

unit into high school Honor AFJROTC

unit and adds Northern Mariana Islands

as a nominating source.

DATES: Comments must be received no

later than January 30, 1998.

ADDRESSES: Comments should be

submitted to HQ USAFA/RRA, 1040 Air

Force Pentagon, Washington, DC 20330–

1040.

FOR FURTHER INFORMATION CONTACT: Ms.

Judith McCann, (703) 697–7116.

SUPPLEMENTARY INFORMATION: The

Department of the Air Force proposes to

revise 32 CFR Part 901 to reflect current

policies. Part 901 is the Air Force

guidance on processing nominations

and appointments to the United States

Air Force Academy (USAFA). This

process directs collecting and

maintaining information subject to the

Privacy Act of 1974 authorized by Title

10, U.S.C., Chapter 903 and Title 10,

U.S.C., Chapter 8013. It implements

DoD Directive 1322.22, August 24, 1994.

This proposed rule, Air Force

Instruction (AFI) 36–2019, revises and

replaces AFI 36–2019, Appointment to

the United States Air Force Academy,

May 16, 1994, and Air Force Regulation

53–10, Appointment to the United

States Air Force Academy, October 22,

1985.

List of Subjects in 32 CFR 901

Military academies.

For the reason stated in the preamble,

the United States Air Force proposes to

revise, 32 CFR part 901 as follows:

PART 901—APPOINTMENT TO THE

UNITED STATES AIR FORCE

ACADEMY

Sec.

901.0 Purpose.

901.1 Responsibilities.

901.2 Nominations and appointments.

901.3 Obligation of appointees.

901.4 Forms Prescribed.

Attachment 1 to Part 901—Eligibility

Requirements for U.S. Air Force

Academy Applicants

Attachment 2 to Part 901—Academy

Nomination Categories

Attachment 3 to Part 901—Nomination

Methods

Attachment 4 to Part 901—Appointment

Vacancy Selection

Attachment 5 to Part 901—Appointee

Obligations

Authority: 10 U.S.C., Chapter 903, and 10

U.S.C., 8013, except as otherwise noted.

§ 901.0 Purpose.

It provides instructions to Air Force

members to process nominations and

appointments to the United States Air

Force Academy (USAFA). This

instruction directs collecting and

maintaining information subject to the

Privacy Act of 1974 authorized by Title

10, United States Code, Chapter 903 and

Title 10, United States Code, Section

8013. System of Records F036 AFDPB,

Air Force appointment, Separation

records applies.

§ 901.1 Responsibilities.

The USAFA offers cadet

appointments to candidates with the

strongest potential to become successful

career officers. USAFA offers

appointments according to law and HQ

USAF guidance. The President may

appoint candidates to become cadets;

however, appointments are conditional

until the candidates enter the Academy.

(a) HQ USAFA/RRS evaluates

applications as an initial step in the

appointment process and as an aid to

Members of Congress in screening their

applicants for nomination.

(b) As part of the appointment process

HQ USAFA/RRS will:

(1) Send each applicant a packet, with

a request for the academic, athletic,

leadership, and background

information.

(2) Evaluate the application

information and provide an analysis to

appropriate congressional offices. This

report indicates the applicant’s potential

to qualify for admission and assists

Members of the Congress in selecting

the best-qualified applicants for

nomination.

(3) Advise qualified applicants to seek

a nomination. Inform and encourage

individuals whose evaluations reflect

areas needing improvement to submit

additional test scores or information in

an effort to improve their qualifications.

(4) Schedule qualified applicants for a

medical examination through the

Department of Defense Medical

Examination Review Board (DoDMERB)

for military service eligibility.

DoDMERB will notify the student

directly of his or her medical status.

§ 901.2 Nominations and appointments.

(a) Eligibility and Nomination

Categories. Statutory authority for

nominations and appointments is Title

10, U.S.C., Chapter 903.

(1) Eligibility requirements for

potential candidates are at attachment 1

to this part.

(2) Specific authorities may nominate

eligible applicants for appointment

vacancies.

(3) Each applicant must obtain a

nomination in order to receive an

appointment. Applicants may apply for

a nomination in each category in which

they are eligible. Nomination categories

are at attachment 2 to this part.

(b) Notice of Nomination. The

Associate Director of Admissions (HQ

USAFA/RRS) acknowledges receipt of

all nominations (see attachment 3 to this

part).

(1) If a nominee is not in the Academy

system, HQ USAFA/RRS will forward

an application to the nominee.

(2) HQ USAFA/RRS will send a

candidate kit to all applicants or

nominees with qualifying potential for

either the Academy or the USAFA

Preparatory School.

(c) Appointment Selection.

(1) HQ USAFA/RRS will notify HQ

USAFA/RRA, of all candidates selected

for appointment (see attachment 4 to

this part).

(2) To bring the Cadet Wing up to full

strength, HQ USAFA/RRS may offer

additional appointments from the

qualified alternate pool.

(i) The first 150 appointments must

come from individuals having

nominations from Members of Congress.

(ii) Thereafter, three of every four

additional appointments must come