5372 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 

1.5 miles each side of the Vichy VOR/DME 

067° radial extending from the 6.6-mile 

radius of the airport to 7 miles northeast of 

the VOR/DME.

* * * * *

Issued in Kansas City, MO, on January 18, 

2005. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 05–1920 Filed 2–1–05; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF STATE

22 CFR Part 22 

[Public Notice 4984] 

RIN 1400–AB94; 1400–AB95 

Schedule of Fees for Consular 

Services, Department of State and 

Overseas Embassies and Consulates

AGENCY: State Department.

ACTION: Final rule.

SUMMARY: This rule adopts as final the 

Department of State’s proposed rule to 

revise the Schedule of Fees for Consular 

Services (‘‘Schedule of Fees’’ or 

‘‘Schedule’’), with four changes, one 

incorporating and finalizing an already 

effective additional exemption to the 

MRV fee and the others adding three 

new fees authorized by the Consolidated 

Appropriations Act, 2005 (Pub. L. 108–

447). None of these changes are being 

made in response to public comments. 

Only one comment was received during 

the period for public comment, but the 

Department has decided that the 

comment does not warrant any changes 

in the proposed rule. The additional 

exemption being added to the Schedule 

simply incorporates and finalizes an 

exemption that has been in effect during 

the comment period on the revised 

Schedule as a result of an Interim Rule 

issued pursuant to a separate but related 

rulemaking. No comments on the 

additional exemption were received 

during the comment period for that 

rulemaking. The three new fees are 

being added because they were 

established by legislation enacted after 

the comment period for this rulemaking 

closed. The addition of these fees does 

not require public comment. The 

proposed rule, modified only to 

incorporate the new exemption and the 

new legislatively established fees, is 

therefore adopted as final.

EFFECTIVE DATE: This rule is effective 

March 8, 2005.

FOR FURTHER INFORMATION CONTACT:

Phillip Min, Office of the Executive 

Director, Bureau of Consular Affairs, 

fax: 202–663–2499; e-mail: 

fees@state.gov.

SUPPLEMENTARY INFORMATION: The 

Department published a proposed rule 

in the Federal Register at 69 FR 42913–

42919 on July 19, 2004 (Public Notice 

4765, RIN 1400–AB94), proposing to 

amend sections of part 22 of Title 22 of 

the Code of Federal Regulations. 

Specifically, the rule proposed changes 

to the Schedule of Fees for Consular 

Services, including seven increases and 

two decreases. The Department’s 

proposed rule solicited comments, and 

one general comment sent by e-mail was 

received. The comment, dated July 19, 

2004, criticized all consular fees as still 

being too low. 

After publication of the 

aforementioned proposed rule, the 

Department also published a separate 

but related interim rule in the Federal 

Register at 69 FR 53618–53619 on 

September 2, 2004 (Public Notice 4809, 

RIN 1400–AB95), amending the 

Schedule of Fees for Consular Services 

to include an exemption from the 

nonimmigrant visa application 

processing fee for family members 

traveling to the United States for the 

funeral or burial of a U.S. Government 

employee killed in the line of duty or to 

visit a U.S. Government employee 

critically injured in the line of duty. The 

amendment became effective upon 

publication on September 2, 2004. 

Interested parties were invited to submit 

written comments by September 24, 

2004. No comments were received. The 

exemption added to the existing 

Schedule of Fees by the amendment is 

finalized and carried forward in the 

Schedule of Fees for Consular Services 

as published in this final rule. 

As explained when the revised 

Schedule of Fees was published as a 

proposed rule, 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 provided by embassies 

and consulates. Other fees are 

established pursuant to more specific 

statutory authorities, some of which 

provide for full or partial exemptions. 

With the exception of nonimmigrant 

visa reciprocity fees, which are 

established based on the practices of 

other countries, and fees that are 

established at amounts specified by 

statute, 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 

applicable provisions of OMB Circular 

A–25, and it was as a result of such a 

review that the amendments to the 

Schedule of Fees were proposed. This 

review attempted to identify the fully 

allocated costs of consular services 

(direct and indirect).

In situations where services are 

provided often enough to develop a 

reliable estimate of the average time 

involved, a flat service fee was adopted. 

In other situations where services are 

provided infrequently, the consular 

hourly rate was made the basis of the 

fee. In either case, the fee is designed to 

recover some or all—but not more 

than—actual fully allocated costs the 

Department expects to incur over the 

period that the Schedule will be in 

effect. When the fee is set below costs, 

the remaining cost is either recovered 

through allocation to related services for 

which fees are charged, or will be 

covered through appropriations. 

(Detailed information concerning the 

methodology of the study is available 

from the Bureau of Consular Affairs.) 

Based on this effort and subsequent 

analysis, the Department proposed 

adjustments to the Schedule of Fees, 

including the fee to search Department 

of State files to verify an applicant’s 

U.S. citizenship (from $45 to $60); the 

Diversity Visa (DV) Lottery surcharge for 

a diversity immigrant visa application 

(from $100 to $375); the Affidavit of 

Support Review fee (from $65 to $70); 

the fee for determining returning 

resident status (from $360 to $400); the 

fee for a transportation letter issued to 

a Legal Permanent Resident Alien 

(LPRA) who needs a transportation 

letter to reenter the U.S. (from $300 to 

$165); the fee for waiver of the two-year 

return residency requirement (from 

$230 to $215); the fees for processing 

Letters Rogatory and Foreign Sovereign 

Immunities Act (FSIA) judicial 

assistance cases (from $650 to $735); 

and the fee for consular time (from $235 

to $265). 

In addition, the fee for loan 

processing was combined with the fee 

for assistance regarding the welfare and 

whereabouts of a U.S. citizen, including 

child custody inquiries. This is a purely 

technical change in the Schedule. 

Significantly, Division B, Title IV 

(Diplomatic and Consular Programs 

appropriation) of the Consolidated 

Appropriations Act, 2005 (Public Law 

108–447), authorized two new fees 

while section 426 of Division J, title IV

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 5373

(Visa Reform) of the same Act 

authorized a third. In each of these three 

cases, the amount of each fee was also 

specified. These three fees are 

incorporated in the Schedule as new 

items 8 (a passport surcharge of $12 to 

enhance the security of the passport 

document), 25 (a fraud prevention and 

detection fee of $500 for H–1B and L 

visa applicants), and 36 (an immigrant 

visa surcharge of $45 to enhance the 

security of the immigrant visa). 

Analysis of Comments 

As noted, the proposed rule (Public 

Notice 4765 at 69 FR 42913–42919) was 

published for comments on July 19, 

2004. During the comment period, 

which closed August 18, 2004, the 

Department received only one comment, 

which criticized all consular fees as still 

being too low. The commenter said that 

the Department should increase all of 

the fees rather than provide below-cost 

services to non-U.S. citizens. In many 

cases, of course, the fees are in fact paid 

by U.S. citizens for services to U.S. 

citizens. Leaving that aside, in virtually 

all cases the fees result in full cost 

recovery either by (1) setting the fee for 

the specific service at full cost; (2) 

recovering the cost of a service through 

both the fee for the specific service and 

a fee for a related service (e.g., the 

passport fee recovers costs of certain 

overseas citizens services for which 

there is no specific, separate fee or for 

which the separate fee is set below cost); 

or (3) by shifting the cost of a service to 

other users, when specifically 

authorized by the statute. A few fees 

(such as the fee for a nonimmigrant visa 

application, the fee for refugee parole, 

the fee for documentary services, and 

the fee for scheduling depositions) are 

set below actual cost; in each of these 

cases, the Department has determined 

that it is in the public interest to recover 

the difference from U.S. Government 

appropriations so as not to make these 

particular services prohibitively 

expensive for the public, and/or because 

there is a public as well as private 

benefit from performance of the service. 

Regulatory Findings 

Administrative Procedure Act 

On July 19, 2004, the Department 

published a proposed rule 

comprehensively amending its Schedule 

of Fees and providing a 30-day period 

for public comments (69 FR 42913–

42919, Public Notice 4765, RIN 1400–

AB94). Subsequently, it published an 

interim rule in the Federal Register (69 

FR 53618–53619, Public Notice 4809, 

RIN 1400–AB95) that amended the 

existing Schedule of Fees effective 

immediately only to include as Item 

Number 22 (g) an exemption from the 

nonimmigrant visa application 

processing fee for family members 

traveling to the United States for the 

funeral or burial of a U.S. Government 

employee killed in the line of duty or to 

visit a U.S. Government critically 

injured in the line of duty. The change 

made by that interim rule, which 

became effective upon publication on 

September 2, 2004, is thus now part of 

the Schedule of Fees being 

comprehensively amended, and the 

exemption is carried forward and 

included as final in the Schedule of 

Fees for Consular Services, as published 

in this Final Rule. 

The Consolidated Appropriations Act, 

2005, signed into law by the President 

on December 8, 2004, authorized three 

new fees and specified the amount of 

each. These are included in the 

Schedule below in Items 8, 25, and 36. 

Item 8, a new $12 passport surcharge, 

applies to all applicants except those 

who are exempt from passport fees per 

item 4 of the Schedule. The surcharge 

is designed to recover the costs of 

consular services in support of 

enhanced border security that are in 

addition to those covered by the 

passport fees in effect on January 1, 

2004. This fee is specifically authorized 

by Division B, Title IV (Diplomatic and 

Consular Programs appropriation). Item 

25 is a fraud prevention and detection 

fee of $500. The fee has both a domestic 

and an overseas component. Abroad, the 

State Department, through its consuls, 

will collect the fee from a principal 

applicant for an ‘‘L’’ nonimmigrant visa 

who is covered under a blanket petition 

as provided for in section 214(c)(2) (A) 

of the Immigration and Nationality Act 

(INA). This fee is specifically authorized 

by subsections 214(c)(12)(B) and (C) of 

the INA as amended by section 426 of 

Division J, title IV (Visa Reform). Unlike 

the other two fees, it will take effect for 

nonimmigrant visa applications filed on 

or after ninety days from enactment of 

the Consolidated Appropriations Act—

i.e., on or after March 8, 2005 (90 days 

from Dec. 8, 2004), in accordance with 

section 426(c). Item 36, a new $45 

immigrant visa surcharge, applies to all 

applicants for immigrant visas, 

including Diversity Visas. The surcharge 

was added to recover costs of consular 

services in support of enhanced border 

security that are in addition to those 

covered by the immigrant visa fees in 

effect on January 1, 2004. This fee is 

specifically authorized by Division B, 

Title IV (Diplomatic and Consular 

Programs appropriation). Since these 

three new fees have been statutorily 

authorized and the amounts are 

statutorily established, the Department 

for good cause pursuant to 5 U.S.C. 

553(b)(B) finds that public comment on 

the fees is unnecessary.

The final rule will be effective March 

8, 2005, in accordance with 5 U.S.C.

553(d). All changes in the Department’s 

existing fees will take effect at that time. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

The changes made by this regulation 

are hereby certified as not expected to 

have a significant economic impact on 

a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act (5 U.S.C. 601–612) and 

section 3(b) of Executive Order 13272 

(Proper Consideration of Small Entities 

in Agency Rulemaking). 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Act of 1996 (5 

U.S.C. 801–808). This rule will not 

result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of the United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Executive Order 12866: Regulatory 

Review 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review. In addition, the 

Department is exempt from Executive 

Order 12866 except to the extent that it 

is promulgating regulations in 

conjunction with a domestic agency that 

are significant regulatory actions. The 

Department has nevertheless reviewed 

the regulation to ensure its consistency 

with the regulatory philosophy and 

principles set forth in that Executive

5374 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 

Order. In addition, OMB has been 

provided with a copy of the proposed 

regulation. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed this 

regulation in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Nor would the 

regulation have federalism implications 

warranting the application of Executive 

Orders 12372 and 13132. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or record-keeping 

requirements subject to the Paperwork 

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

List of Subjects in 22 CFR Part 22 

Consular services, Fees, Schedule of 

fees for consular services, Passports and 

visas.

■ Accordingly, an amendment to part 22 

is 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; Pub. L. 105–277, 112 Stat. 2681 et seq.; 

Pub. L. 108–447, 118 Stat. 2809 et seq.; 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. 

The following table sets forth the U.S. 

Department of State’s Schedule of Fees 

for Consular Services:

SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee 

Passport and Citizenship Services

1. Passport Execution: Required for first-time applicants and others who must apply in person [01-Passport Execution] $30. 

2. Passport Application Services for: 

(a) Applicants age 16 or over (including renewals) [02-Adult Passport] ....................................................................... 55. 

(b) Applicants under age 16 [03-Minor Passport] .......................................................................................................... 40. 

(c) Passport amendments (extension of validity, name change, etc.) [04-Amendment] ............................................... No fee. 

3. Expedited service: Three-day processing and/or in-person service at a U.S. Passport Agency (not applicable abroad) 

[Expedited Service].

60. 

4. Exemptions: The following applicants are exempted from passport fees: 

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

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

discharge of their official duties [05-Passport Exempt].

No fee. 

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

U.S.C. 214) [05-Passport Exempt].

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) [05-Passport Exempt].

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. 2603) [05-Passport Exempt].

No fee. 

5. Travel Letter: Provided as an emergency accommodation to a U.S. citizen returning to the United States when the 

consular officer is unable to issue a passport book. (Consular time charges, item 75, may apply) [06–U.S.C. Travel 

Letter].

No fee. 

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

one of the exemptions is applicable) [07–PPT File Search].

60. 

7. Application for Report of Birth Abroad of a Citizen of the United States [08-Report Birth Abroad] ................................. 65. 

8. Passport security surcharge [09-Passport Surcharge] ...................................................................................................... 12. 

Items nos. 9 through 10 vacant) 

Overseas Citizens Services

Arrests, Welfare and Whereabouts, and Related Services

11. Arrest and prison visits .................................................................................................................................................... No fee. 

12. Assistance regarding the welfare and whereabouts of a U.S. citizen, including child custody inquiries and processing of repatriation and emergency dietary assistance loans.No fee. 

(Item no. 13 vacant) 

Death and Estate Services

14. Assistance to next-of-kin: 

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

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

Death).

No fee. 

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

disposition of remains of a non-U.S. citizen) [11-Non U.S.C. Death].

Consular Time (Item 

75) Plus Expenses. 

15. Issuance of Consular Mortuary Certificate on behalf of a non-U.S. citizen [12-Non-U.S.C. Mort Cert] ........................ 60. 

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

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

expenses incurred).

No fee. 

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 5375

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued

Item No. Fee 

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

(c) For services listed in 16 (a) or (b) when significant time and/or expenses are incurred [13-Estate Costs] ............ Consular Time (Item 

75) and/or Expenses. 

(Items nos. 17 through 20 vacant) 

Nonimmigrant Visa Services

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

(a) Nonimmigrant visa [21–MRV Processing] ................................................................................................................ 100. 

(b) Border crossing card—10 year (age 15 and over) [22–BCC 10 Year] .................................................................... 100. 

(c) Border crossing card—5 year (under age 15). For Mexican citizen, if parent or guardian has or is applying for a 

border crossing card [23–BCC 5 Year].

13. 

22. Exemptions from nonimmigrant visa application processing fee: 

(a) Applicants for A, G, C–3, NATO and diplomatic visas as defined in 22 CFR 41.26 [24–MRV Exempt] ................ No fee. 

(b) Applicants for J visas participating in official U.S. Government-sponsored educational and cultural exchanges 

[24–MRV Exempt].

No fee. 

(c) Replacement machine-readable visa when the original visa was not properly affixed or needs to be reissued 

through no fault of the applicant [24–MRV Exempt].

No fee. 

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

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

immediate families [24–MRV Exempt].

No fee. 

(e) Applicants traveling to provide charitable services as determined by the Department [24–MRV Exempt] ............. No fee. 

(f) U.S. Government employees traveling on official business [24–MRV Exempt] ....................................................... No fee. 

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

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

employee critically injured in the line of duty for visitation during emergency treatment and convalescence [24–

MRV Exempt].

No fee. 

23. Nonimmigrant visa issuance fee, including border-crossing cards [25–NIV Issuance Reciprocal] ................................ Reciprocal. 

24. Exemptions from nonimmigrant visa issuance fee: 

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

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

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

[26–NIV Issuance Exempt].

No fee. 

(b) An applicant transiting to and from the United Nations Headquarters [26–NIV Issuance Exempt] ........................ No fee. 

(c) An applicant participating in a U.S. Government-sponsored program [26–NIV Issuance Exempt] ......................... No fee. 

(d) An applicant traveling to provide charitable services as determined by the Department [26–NIV Issuance Exempt].No fee. 

25. Fraud Prevention and Detection Fee for Visa applicant included in L blanket petition (principal applicant only) [27–

NIV Adjudication, Blanket L].

500. 

(Items nos. 26 through 30 vacant) 

Immigrant and Special Visa Services

31. Filing immigrant visa petition (collected for the Bureau of U.S. Citizenship and Immigration Services): 

(a) Petition to classify status of alien relative for issuance of immigrant visa [81–USCIS I–130 Petition] ................... 185. 

(b) Petition to classify orphan as an immediate relative [82–USCIS I–600 Petition] .................................................... 525. 

32. Immigrant visa application processing fee (per person) [31–IV Application] .................................................................. 335. 

33. Diversity Visa Lottery surcharge for lottery participation (per person applying for an immigrant visa as a result of the 

lottery program) [32–DV Processing].

375. 

34. Affidavit of Support Review (only when AOS is reviewed domestically) ........................................................................ 70. 

35. Special visa services: 

(a) Determining Returning Resident Status [33-Returning Resident] ............................................................................ 400. 

(b) Transportation letter for Legal Permanent Residents of U.S. [34–LPR Transportation Letter] ............................... 165. 

(c) Waiver of 2-year residency requirement [J Waiver] ................................................................................................. 215. 

(d) Waiver of immigrant visa ineligibility (collected for the Bureau of U.S. Citizenship and Immigration Services) 

[83–IV Waiver].

250. 

(e) Refugee or significant public benefit parole case processing [35-Refugee/Parole] ................................................. No fee. 

(f) U.S. visa fingerprinting [36-Fingerprints] ................................................................................................................... 85. 

36. Immigrant visa security surcharge [37–IV Surcharge] .................................................................................................... 45. 

(Items nos. 37 through 40 vacant) 

Documentary Services

41. Providing notarial service: 

(a) First service (seal) [41-Notarial] ................................................................................................................................ 30. 

(b) Each additional seal provided at the same time in connection with the same transaction [42-Additional Notarial] 20. 

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

(a) First copy [43-Certified Copy] ................................................................................................................................... 30. 

(b) Each additional copy provided at the same time [44-Additional Copy] .................................................................... 20. 

5376 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued

Item No. Fee 

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

(a) Documents relating to births, marriages, and deaths of U.S. citizens abroad originally issued by a U.S. Embassy or Consulate.30. 

(b) Issuance of Replacement Report of Birth Abroad .................................................................................................... 30. 

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

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

30. 

(d) Certifying a copy of a document or extract from an official passport record ........................................................... 30. 

(e) Certifying that no record of an official file can be located [45-Brth/Mar/Death/No Record] ..................................... 30. 

(f) Each additional copy provided at same time [46-Additional Cert] ............................................................................ 20. 

44. Authentications (by posts abroad): 

(a) Authenticating a foreign notary or other foreign official seal or signature ............................................................... 30. 

(b) Authenticating a U.S. Federal, State, or territorial seal ............................................................................................ 30. 

(c) 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.

30. 

(d) Each authentication [47-Authentication] ................................................................................................................... 30. 

45. Exemptions: Notarial, certification, and authentication fees or passport file search fees will not be charged when the 

service is performed: 

(a) At the direct request of any Federal Government agency, any State or local government, the District of Columbia, or any of the territories or possessions of the United States (unless significant costs would be incurred) [48-

Documents Exempt].

No fee. 

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

obtaining Federal, State, or municipal benefits [48-Documents Exempt].

No fee. 

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

of its territories [48-Documents Exempt].

No fee. 

(d) At the direct request of a foreign government or an international agency of which the United States is a member if the documents are for official noncommercial use [48-Documents Exempt].No fee. 

(e) At the direct request of a foreign government official when appropriate or as a reciprocal courtesy [48-Documents Exempt].No fee. 

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

or traveling officially in a foreign country [48-Documents Exempt].

No fee. 

(g) With respect to documents whose production is ordered by a court of competent jurisdiction [48-Documents Exempt].No fee. 

(h) With respect to affidavits of support for immigrant visa applications [48-Documents Exempt] ............................... No fee. 

(i) With respect to endorsing U.S. Savings Bonds Certificates [48-Documents Exempt] ............................................. No fee. 

(Items nos. 46 through 50 vacant) 

Judicial Assistance Services

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

[51-Letters Rogatory] ...................................................................................................................................................... 735. 

[52–FSIA] ........................................................................................................................................................................ 735. 

52. Taking depositions or executing commissions to take testimony: 

(a) Scheduling/arranging appointments for depositions, including depositions by video teleconference (per daily appointment) [53-Arrange Depo].475. 

(b) Attending or taking depositions, or executing commissions to take testimony (per hour or part thereof) [54-Depose/Hourly].265 Per Hour Plus Expenses. 

(c) Swearing in witnesses for telephone depositions [55-Telephone Oath] .................................................................. 265. 

(d) Supervising telephone depositions (per hour or part thereof over the first hour) [56-Supervise Tel Depo] ............ 265 Per Hour Plus Expenses. 

(e) Providing seal and certification of depositions [57-Deposition Cert] ........................................................................ 70. 

53. Exemptions: Deposition or executing commissions to take testimony. Fees will not be charged when the service is 

performed: 

(a) At the direct request of any Federal Government agency, any State or local government, the District of Columbia, or any of the territories or possessions of the United States (unless significant time required and/or expenses would be incurred). [58-Judicial Exempt].No fee. 

(b) Executing commissions to take testimony in connection with foreign documents for use in criminal cases when 

the commission is accompanied by an order of Federal court on behalf of an indigent party [59-Indigent Test].

No fee. 

(Items nos. 54 through 60 vacant) 

Services Relating to Vessels and Seamen

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

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

[61-Shipping Bill of Sale] ................................................................................................................................................ Consular Time (Item 

75) Plus Expenses. 

[62-Shipping Consular Radio LISC] ............................................................................................................................... Time (Item 75) Plus 

Expenses. 

[63-Shipping Cert AM Own] ............................................................................................................................................ Consular Time (Item 

75) Plus Expenses. 

Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations 5377

SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued

Item No. Fee 

[64-Shipping Misc] .......................................................................................................................................................... Consular Time (Item 

75) Plus Expenses. 

(Items nos. 62 through 70 vacant) 

Administrative Services

71. Non-emergency telephone calls [70-Toll Call Cost] [71-Toll Cost Surcharge] ............................................................... Long Distance Charge 

Plus $10. 

72. Setting up and maintaining a trust account: For one year or less to transfer funds to or for the benefit of a U.S. citizen in need in a foreign country [72–OCS Trust].30. 

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

[73-Transportation].

Expenses Incurred. 

74. Return check processing fee [74-Return Check] ............................................................................................................ 25. 

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

after-duty hours (per hour or part thereof/per consular employee) [75-Consular Time].

265. 

76. Photocopies (per page) [76-Photocopy] .......................................................................................................................... 1. 

(Items nos. 77 through 80 vacant) 

Dated: January 14, 2005. 

Grant S. Green, 

Under Secretary for Management, 

Department of State.

[FR Doc. 05–1930 Filed 2–1–05; 8:45 am] 

BILLING CODE 4710–06–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R07–OAR–2004–MO–0005; FRL–7867–2] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Missouri. This 

approval pertains to revisions to the 

State’s rule which add vapor line 

requirements necessary to achieve Stage 

I vapor recovery for air quality benefits. 

The effect of this approval is to ensure 

Federal enforceability of the State air 

program rules and to maintain 

consistency between the State-adopted 

rules and the approved SIP.

DATES: This direct final rule will be 

effective April 4, 2005, without further 

notice, unless EPA receives adverse 

comment by March 4, 2005. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R07–OAR–

2004–MO–0005, by one of the following 

methods: 

1. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http://

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search;’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: algoe-eakin.amy@epa.gov.

4. Mail: Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

5. Hand Delivery or Courier. Deliver 

your comments to Amy Algoe-Eakin, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

RME ID No. R07–OAR–2004–MO–0005. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/.

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at the Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. The 

Regional Office’s official hours of 

business are Monday through Friday, 8 

to 4:30, excluding Federal holidays. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance.