5098 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations

DEPARTMENT OF STATE

22 CFR Parts 22, 51, and 53

Public Notice 2711

Schedule of Fees for Consular

Services, Department of State and

Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs,

State Department.

ACTION: Final rule.

SUMMARY: This final rule sets forth the

fees for consular services 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

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 the new processing fee

for diversity visa applicants (see 22 CFR

42.33(i)), which took effect on October

1, 1997. The primary objective of the

adjustments to the Schedule of Fees is

to ensure that the costs of consular

services are recovered 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

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

Schedule easier to read and understand.

Consular services that will be performed

for no fee are being added to the

Schedule to facilitate tracking these

services and to inform the public of all

significant consular services provided

by the Department.

The revised Schedule of Consular

Fees was published as a proposed rule

in the Federal Register on December 1,

1997 (62 FR 63478–85). During the 30-

day public comment period, a small

number of comments were received

from the general public. Those

comments are addressed under

Supplementary Information below. For

the reasons explained, the Department

is setting consular fees as originally

proposed, but will be making some

changes in its crew list visa procedures

to address concerns raised by some

members of the shipping industry.

Minor technical changes are being made

in the wording of the Schedule for

purposes of clarification.

DATES: The effective date for these

changes is February 1, 1998.

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: The

public comments received by the

Department focused on three of the

proposed changes in the Schedule of

Consular Fees: the imposition of the

nonimmigrant visa processing fee on

each individual covered by a crew list

visa; the increase in visa fees; and the

increase in the notarial fee. One

commentator also objected as a general

matter to the increases in fees, noting

particularly, in addition to the notarial

fee, the citizenship adjudication fee and

immigrant visa fees. The Department’s

response to the comments received is

described below.

Crew List Visas

The Department received comments

from four foreign shipping associations

and four foreign shipping companies

expressing concern about the proposal

to charge the nonimmigrant visa

processing fee for each person listed on

a crew list for purposes of obtaining a

crew list visa. These commentators

generally expressed concern about the

perceived increase in costs that would

result from the proposed fee and noted

the special status of alien crewmen and

the special function of the crew list visa.

The Department recognizes that the

crew list visa serves a special function

and is conceptually different from an

individual nonimmigrant visa

application. Central and common to

consular processing of both the crew list

and the individual visa application,

however, is the automated namecheck

that must be done for each person in

question. This is the single largest cost

factor in determining an individual

alien’s eligibility. Moreover, changes in

nonimmigrant visa processing have led

to a situation where it is often cheaper

to process 50 individual visa

applications than a crew list with 50

names. For example, a travel agency

might submit 50 individual applications

with machine readable passports under

a post’s mail-in program. To review

those applications, the post would scan

the passports and obtain the namecheck

results quickly and efficiently. In the

case of the crew list, in contrast, the

names of all 50 crew generally would

have to be manually entered before the

namecheck could be performed. The

process in either case would be

essentially the same, but the processing

of the crew list would be more costly.

These similarities create a strong

presumption in favor of charging the

same fee for each person on a crew list

as is charged for processing a

nonimmigrant visa application. While

some nonimmigrant visa applications

may entail documentation and

interviews not generally required in the

context of crew list visa processing, the

same is true of crew list visas, which

may take very little time or a great deal

of time to process. Also, while a crew

list visa is valid only for six months and

a single entry, some nonimmigrant visas

are similarly single-entry short-duration

visas (sometimes as short as one month).

While the Department could establish

separate fees for each kind of visa, it

instead decided to average the costs of

all nonimmigrant visa applications into

a single, uniform fee and to include

crew list visas in this average.

Establishing a single uniform fee vastly

simplifies and improves the efficiency

of the Department’s fee collection

procedures, a goal that is particularly

important given the large number of

countries in which the Department has

consular operations and the challenge of

reconciling millions of visa issuances

with collections. In many countries,

banks are now collecting the

nonimmigrant visa processing fee from

applicants who must go to the bank and

obtain a payment voucher before

applying at the consulate; having a

single fee makes this banking function

simpler and the Department’s bank

contracts easier to administer.

Conversely, to attempt to establish

different fees for different services

within the general class of

nonimmigrant visa services would

create administrative and operational

issues that would in themselves impose

additional costs on the Department.

These considerations have prompted

the Department to adhere to its original

decision to charge for crew list visas on

the same basis that it charges for

nonimmigrant visas generally. The

Department has decided, however, to

make some changes in its crew list

practices that will help mitigate the cost

of this service for the shipping industry

and ensure that ship owners receive

maximum possible value each time the

fee is paid. At present, to obtain a crew

list visa, a ship owner pays the crew list

fee, which varies by size of crew (and

which at present is well below cost).

The owner also pays the MRV fee once,

since one machine readable visa is

placed on the list. The crew list with its

visa is given by the shipper to INS at the

ship’s port of entry. If the ship plans to

enter at a second U.S. port, it must
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations 5099

obtain a second visaed crew list, paying

the crew list and MRV fees a second

time. The more ports are entered, the

more costly this procedure. Under the

Department’s new procedures, when the

crew list visa is originally requested, the

shipper will be able to submit multiple

copies of the crew list, one for each U.S.

port of entry anticipated within six

months of visa issuance. When the

namechecks are completed, each copy

of the crew list will be visaed. The $45

per name fee will be paid only once for

each name checked, there will be no

separate fee for the visa itself (since that

cost is covered by the $45), and there

will be no additional charge for the

visas placed on multiple copies. This

procedure will ensure that the

Department recovers its costs for the

work actually done and maintains its

simplified fee collection process while

also maximizing the value received by

the ship owner. The Department

anticipates working closely with the

shipping industry and the Immigration

and Naturalization Service (INS) on

these and related arrangements to

ensure that the crew list visa process

works smoothly and efficiently.

Notarials

The Department received comments

from two overseas American citizens

associations and six Americans residing

abroad protesting the increase in the

notarial fee from $10 to $55. Some

commentators took the view that the

proposed fee must be exorbitant because

notarials in their experience do not take

long to perform—one commentator

thought a ‘‘few’’ minutes, another five,

another ten. One organization

representing Americans abroad assumed

that the proposed fee of $55 was based

on ‘‘what the market will bear’’. The

Department inferred from some of these

comments that it had not adequately

explained the basis for the proposed fee

and that it may inadvertently have

caused readers to infer, wrongly, that

the fee was being set above cost in order

to discourage persons from seeking

notarial services from our consulates

instead of from local notaries. In fact,

the $55 proposed fee is based on the

actual cost of services, averaged

worldwide. On a worldwide basis,

while some notarials are very timeconsuming because they involve

complex documents, the average

notarial takes four minutes of foreign

service national employee (FSN) time

and ten minutes of consular officer time.

The hourly cost of an FSN, again on a

worldwide average, when ‘‘full

loaded’’—i.e., when direct and indirect

costs are included, is $164. The

comparable figure for a consular officer

is $393. Using these hourly rates and

applying them to the four and ten

minutes required, on average, results in

a cost of $27 of FSN and $26 of consular

officer time per notarial service, or a

total of $53, which is the primary

consideration behind the $55 fee.

Thus, the fee reflects the simple

reality that it is very expensive for the

United States to maintain consular

facilities abroad to provide notarial and

other consular services. Once the cost of

service has been determined, the

question is whether the actual user of

the service should bear the cost or

whether the cost should be subsidized

by non-users. As explained when the fee

was proposed, the key consideration for

the Department is the conclusion that

having the actual users of notarial

services bear the cost of service is more

appropriate than having the user of the

service pay less than cost and allocating

the costs not paid by the user to

passport applicants, as has been done in

the past to hold the fee for notarial

services well below costs. Allocating the

cost to passport applicants creates two

anomalies: first, most passport

applicants never use notarial services;

second, the actual user of notarial

services may be a non-U.S. citizen or a

business entity or representative and not

a U.S. passport holder. In addition, as

the Department noted in the proposed

rule, the practice of pricing notarial

services well below cost has had an

adverse impact on consular workload.

This is certainly an appropriate factor

for the Department to consider in

deciding whether to set the cost of

notarial services at cost or below costs.

(The Department emphasizes, however,

that it is not setting the fee at ‘‘market

price’’ or otherwise above cost.)

The Department further notes that it

is allocating to the passport fee a variety

of emergency and citizenship services

that it believes are appropriately borne

by all passport holders and that it is

setting a single passport fee, which will

result in domestic passport applicants

subsidizing the cost of providing

passport processing services abroad. (It

costs $205 to issue a passport overseas.)

The Department believes it is in the

public interest for all passport

applicants to subsidize the costs of some

services performed for American

citizens overseas. One low worldwide

passport fee furthers the public interest

of documenting Americans overseas.

Thus, for example, while the cost of

issuing a Report of Birth overseas is

$160, most of that cost is included in

the passport fee. The cost of registration

of American citizens at our embassies

and consulates overseas to ensure their

protection in the event of a crisis also

is included in the passport fee. Finally,

the passport fee includes the costs of

performing all death, arrest, welfare and

whereabouts, and other unpredictable

emergency services for Americans

overseas.

Notarial services, in contrast, are not

emergency services performed for

Americans in distress or citizenship

documentation services. There is no

public interest in requiring passport

applicants to subsidize private business

or legal transactions for Americans and

non-Americans overseas. Thus, this is a

consular service for which the

Department believes it is appropriate to

expect the actual user to pay the full

cost. Having reviewed and considered

the comments received, the Department

will establish the fee as previously

proposed.

Other Comments

One organization representing

Americans abroad also expressed

concern that the citizenship

adjudication fee could discourage some

individuals from verifying their

citizenship. The Department recognizes

an affirmative policy interest in having

American citizens documented as such,

and has relied upon this policy

consideration to allocate some

citizenship documentation costs to the

worldwide passport fee (e.g., consular

reports of birth abroad and passports

issued overseas). In setting the fee for

citizenship adjudication, however, the

Department was faced with additional

considerations. As explained

previously, this service is generally

required in complex, time-consuming

cases in which the citizen was not

documented prior to age 18. The delay

in documenting contributes to making

these cases more difficult and is most

often the responsibility of the applicant

and/or the applicant’s parents. Setting

the fee at cost ensures that the actual

user pays and may, in the long term,

encourage persons with citizenship

claims to seek documentation at an

earlier time, when documentation will

be easier. In addition, INS provides the

same service. If the Department’s fee is

lower than the INS fee, as has been the

case, there will be some incentive for

this work to shift from INS to State. For

the Department to set its fee for this

service below cost would invariably

contribute to any such incentive—an

undesirable result given the existing

strains on overseas consular resources.

The Department continues to believe

that these countervailing considerations

counsel in favor of setting the fee at

cost, and having the actual user of the

service pay for it in full, rather than

setting the fee below cost with the
5100 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations

balance of the cost reallocated

elsewhere.

Regulatory Findings

This rule is not considered to be a

major rule for purposes of E.O. 12291

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.

Effective Date—Good Cause Exception

The new Schedule of Consular Fees

will take effect February 1, 1998, as

originally indicated when the proposed

rule was published. Pursuant to 5 U.S.C.

553(d), there is good cause not to delay

the effective date past February 1.

Delaying the effective date could cause

distortions in the Department’s

workload and strain already strained

resources, if the Department’s customers

sought to time their use of services in

light of anticipated increases or

decreases in the applicable fees. One of

the most significant changes is the

reduction in the passport fees, and it is

in the public interest to pass that

savings on to the public immediately. In

this connection, the Department notes

that February 1 is when it begins to see

an increase in passport applications

associated with planned spring and

summer travel. The Department

estimates that putting the new passport

fee into effect February 1, rather than

March 1, will save passport applicants

over $4 million, and that roughly $1

million will be saved in the first week

of February alone. On the other hand, to

the extent fees are being increased to

reflect actual costs, it is clearly in the

government’s interest to begin

collections under the new schedule as

soon as possible. Beginning collections

as soon as possible will minimize the

extent to which the taxpayer is

subsidizing services that should be paid

for by the user. A substantial portion

will be retained by the Department for

its border security program. The

Department has previously noted the

high priority placed on upgrading and

otherwise improving its border security

program, particularly since the World

Trade Center bombing, and the program

could be adversely affected by the loss

of revenues that would result from

delaying the effective date. Finally,

notice of the Department’s proposal was

first given on December 1, 1997, and no

changes are being made in the fees as

originally proposed.

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

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

2504(a), 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:

(a) Execution. Required for first-time applicants and renewals under age 16 ..................................... $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:

(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 applicant’s passport was

stolen or lost overseas or when one of the exemptions in item 38 is applicable.).

$15.00.
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations 5101

Item No. Fee

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.

$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.

No fee.

6. Passport waiver (22 CFR 53.2(h), Passport requirement and exceptions) ................................................... No fee.

7. Registration of a U.S. Citizen at a U.S. Embassy or Consulate when documentary proof of U.S. citizenship has been presented.No fee.

8. Report of Birth Abroad of a Citizen of the United States (includes new no. 4) ............................................. $40.00.

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

State in Washington. For fees relating to obtaining documents from passport files and related records,

see Documentary Services, item 35 and succeeding.

$40.00.

(Item nos. 10 through 14 vacant.)

Overseas Citizens Services

General Overseas Assistance:

15. Arrest visits ............................................................................................................................................ No fee.

16. Assistance regarding the welfare and whereabouts of a U.S. Citizen, including child custody inquiries.No fee.

17. Loan processing:

(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 ............................... No fee.

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

a U.S. Citizen.

No fee.

23. Affidavit attesting to preparation and packing of remains of a U.S. Citizen ......................................... No fee.

24. Issuance of consular mortuary certificate on behalf of a U.S. Citizen .................................................. 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.$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.

No fee.

27. Acting as a provisional conservator of estates of U.S. Citizens (other than U.S. Government employees), by taking possession of, making an inventory, and placing the official seal.No fee.

28. Acting as a provisional conservator of estates of U.S. Citizens (other than U.S. Government employees), by overseeing the appraisal, sale, and final disposition of the estate, disbursing funds, forwarding securities, etc.:

(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 no. 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.

Per service, $80.00.

31. Documentary services related to shipping, including issuance of certificate of American ownership ......... Per service, $650.00 plus costs incurred.

32. Services provided for an American vessel (a vessel with a certificate of American ownership) or American seamen. (22 U.S.C. 4206).No fee.

(Items nos. 33–34 vacant.)

Documentary Services

35. Notarials ........................................................................................................................................................ $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.

$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.

$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.).

$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).$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.

$32.00.
5102 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations

Item No. Fee

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:

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

(b) At the direct 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 monetary 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 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.

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

(g) At the direct request of U.S. Government personnel, Peace Corps volunteers, or their dependents stationed or travelling officially in a foreign country.No fee.

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

(i) With respect to affidavits of support for immigrant visa applications .............................................. 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.

No fee.

40. Providing seal and certificate for return of letters rogatory executed by foreign officials ............................ $455.00.

41. Taking depositions or executing commissions to take testimony ................................................................ Per hour, $200.00 plus costs incurred.

(Items nos. 42–49 vacant.)

Visa Services

50. Immigrant visa application processing fee ................................................................................................... $260.00.

51. Immigrant visa application surcharge for Diversity Visa Lottery .................................................................. $75.00.

52. Immigrant visa issuance fee ......................................................................................................................... $65.00.

53. Refugee case preparation and processing ................................................................................................... No fee.

54. Nonimmigrant visa application processing fee ............................................................................................. $45.00.

55. EXEMPTIONS from nonimmigrant visa application processing fee:

(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. Nonimmigrant visa issuance fee, including border crossing cards .............................................................. RECIPROCAL.

57. 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.

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

58. Visa fingerprinting ......................................................................................................................................... $25.00.

59. Special visa processing services for aliens:

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

(b) Transportation letter (unless waived in significant public benefit parole cases) ............................ $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. Non-emergency telephone calls ................................................................................................................... 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.

$20.00.

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

necessary.

Costs incurred.

68. Emergency passport photo service overseas .............................................................................................. No fee.

69. Return check processing fee (only in the United States) ............................................................................. $25.00.

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

or after-duty-hours.

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).Per page, $1.00.

(Item nos. 72–80 vacant.)
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations 5103

§ 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

§ 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

§§ 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

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: January 22, 1998.

Bonnie M. Cohen,

Under Secretary for Management.

[FR Doc. 98–1996 Filed 1–29–98; 8:45 am]

BILLING CODE 4710–06–P