[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23717]


[[Page Unknown]]

[Federal Register: September 26, 1994]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 22 and 51

[PN 2083]

 

Fee for Expedited Passport Processing

agency: Bureau of Consular Affairs, Department of State.

action: Interim final rule with request for comment.

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summary: This rule amends the Schedule of Consular Fees and the 
passport regulations to reflect that an additional fee will be charged 
within the United States for expediting the processing of passports. 
The service will be provided upon payment of the fee when requested by 
the applicant and justified by urgent departure plans.
    The rule establishes what service is provided for the fee; 
establishes when the fee will be charged; sets the amount of the fee; 
establishes the documentation the applicant will need to present to 
obtain the service; defines the limited situations when the fee will 
not be charged; provides for a refund when expedited services cannot be 
given; and provides that the after hours surcharge for consular 
services will not be charged within the United States.

dates: Effective Date: October 1, 1994.
    Comments: Interested persons are invited to submit written comments 
on or before November 1, 1994.

addresses: Director, Office of Passport Policy and Advisory Services, 
1111-19th Street NW., Washington, DC 20522-1705.

for further information contact: William B. Wharton, Director, Office 
of Passport Policy and Advisory Services, 1111-19th Street NW., 
Washington, DC 20522-1705. Tel. (202) 955-0221.

supplementary information: On August 26, 1994, the President signed 
into law Public Law 103-317, the Department of State and Related 
Agencies Appropriations Act, 1995. The Diplomatic and Consular Programs 
appropriation in this Act provides that ``all receipts received from a 
new charge from expedited passport processing'' shall, in effect, be 
retained by the Department of State in the ``Diplomatic and Consular 
Programs account'' and available until expended. See S. Rept. 103-309, 
at 123 (July 14, 1994).
    To utilize this new fee retention authority consistent with 
congressional intent, the Department of State is, in this rule, 
establishing a new fee for expedited passport processing. The 
Department already has specific authority to establish passport fees 
under 22 U.S.C. 214, as amended (which normally requires that fees be 
collected into the U.S. Treasury). The Department also is authorized to 
establish fees for passport related services under 31 U.S.C. 9701, a 
reference to which is being added to the authorities section of 22 CFR 
part 51.
    Public Law 103-317 authorizes the Department to retain the new fee 
for expedited passport processing.
    The Schedule of Fees for Consular Services, 22 CFR 22.1 is amended 
to add Item 14, Passport Expedite Fee and to limit the application of 
the after hours fee, Item 93, to posts abroad. The after-hours fee has 
been used domestically only in cases where passport agencies were open 
after hours to process urgent passport requests. These costs will now 
be subsumed in the expedited processing fee. 22 CFR part 51 is amended 
to add section 51.67 to provide for the expedited processing of a 
passport within the United States upon payment of the passport expedite 
fee. Section 51.64(f) is added to provide for a refund of the expedite 
fee when the expedited service is not, in fact, provided.
    The new fee will be in addition to any other applicable fee. The 
expedite fee will not cover the cost of urgent mailing fees, if 
required.
    The new fee is being set at $30.00, consistent with the 
Department's consultations with Congress before Public Law 103-317 was 
enacted. This fee will ensure that the costs of processing passports on 
an expedited basis, as reflected in the Department's 1991 consular fees 
cost study, are borne by those who receive that service and that the 
Department recovers additional costs associated with implementing this 
fee and eliminating the separate charge for overtime work. (As noted by 
Congress, for example, up to 60% more time is required to process a 
passport application on an expedited basis than to provide normal 
processing services.)
    If expedited processing is granted, the Department, through the 
Passport Agencies, will undertake to process the passport within three 
business days. The expedited service covered by the new fee begins when 
the application is received by a Passport Agency through personal 
delivery; by mail; or, if the application is already at an Agency, when 
the request to expedite is approved. If the applicant's planned 
departure is within fewer than three days, the Passport Agency may be 
able to accommodate this shorter period.
    There will be situations in which expedited passport processing 
cannot be completed within three days. Such circumstances could include 
cases in which the applicant does not submit adequate documentation; 
the applicant is the subject of an unresolved civil or criminal law 
enforcement matter; or, passport equipment breaks down. The Department 
expects that these situations will be very rare. In such circumstances, 
the applicant will be notified and the fee will be refunded.
    The rule provides for waiver of the expedite fee in cases where the 
need for expedited processing results from a mistake by the Department 
in processing the application. No waiver of the fee will otherwise be 
made.
    To ensure that expedited processing is used only by those who have 
urgent travel plans, the regulation requires a person requesting this 
service to provide confirmed tickets or an itinerary showing his or her 
imminent departure in less than ten days or showing special visa needs.
    This rule takes effect on October 1, 1994, the beginning of Fiscal 
Year 1995, the fiscal year covered by Public Law 103-317. The 
implementation of this rule as an interim final rule with provision for 
post-promulgation comments is based upon the ``good cause'' exception 
found at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). Delay in implementing 
this provision of Public Law 103-317 would be contrary to congressional 
expectations that the Department will begin collection of this fee at 
the beginning of FY 1995.
    This rule is not expected to have a significant impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. In addition, this rule does not impose 
information collection requirements under the provisions of the 
Paperwork Reduction Act of 1980. This rule has been reviewed as 
required by E.O. 12778 and certified to be in compliance therewith. 
This rule is exempt from review under E.O. 12866, but has been reviewed 
internally by the Department to ensure consistency with the objectives 
thereof.

List of Subjects in 22 CFR Part 22 and Part 51

    Passports and visas, Schedule of fees for consular services.

PART 22--[AMENDED]

    For the reasons set forth in the preamble, 22 CFR is amended as 
follows:
    1. The authority citation for Part 22 is revised to read as 
follows:

    Authority: Secs. 3, 4, 63 Stat. 111, as amended; 22 U.S.C. 211a, 
214; 2651, 2658, 3921, 4219; 31 U.S.C. 9701; Title V, Pub. L. 103-
317, 108 Stat. 1724; E.O. 10718, 3 CFR, 1954-1958 Comp., p. 382; 
E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570, unless otherwise noted.

    2. Section 22.1 is amended by adding Item 14 under ``Passport and 
Citizenship Services'' to read as follows:


Sec. 22.1  Schedule of fees.

------------------------------------------------------------------------
              Item No.                               Fee                
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* * * * *
    14. Expedited Passport Processing Within the United States--30.00.
* * * * *
    3. Item 93 of Sec. 22.1 is amended by removing the words ``in the 
United States or''; by removing the comma and inserting the word ``or'' 
between ``Consul General'' and ``the supervising consular officer''; 
and, by removing the words ``or the Passport Agency Director''.
    4. The authority citation for Part 51 is revised to read as 
follows:

    Authority: 22 U.S.C. 211a, as amended; 22 U.S.C. 2658, 3926; 
sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017; 31 U.S.C. 9701; E.O. 
11295, 3 CFR, 1966-1970 Comp., p. 570; Pub. L. 100-690; sec. 129, 
Pub. L. 102-138, 105 Stat. 661; sec. 503, Pub. L. 102-140, 105 Stat. 
820; Title V, Pub. L. 103-317, 108 Stat. 1724, unless otherwise 
noted.

    5. Section 51.64 is amended by adding paragraph (f) to read as 
follows:


Sec. 51.64  Refunds.

* * * * *
    (f) The passport expedite fee will be refunded if the Passport 
Agency does not provide the requested expedited processing as defined 
in Sec. 51.67.
    6. Section 51.67 is added, to read as follows:


Sec. 51.67  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.
    (b) Expedited passport processing shall mean completing processing 
within 3-business days commencing when the application reaches a 
Passport Agency or, if the application is already with a Passport 
Agency, commencing when the request for expedited processing is 
approved. The processing will be considered completed when the passport 
is ready to be picked up by the applicant or is mailed to the 
applicant.
    (c) The fee for expedited service is $30.00. This amount will be in 
addition to any other applicable fee and does not include urgent 
mailing costs, if any.
    (d) A request for expedited processing normally will be accepted 
only if the applicant can document urgent departure with airline 
tickets showing confirmed reservation or similar evidence. The Passport 
Agency may decline to accept the request if it is apparent at the time 
it is made that the request cannot be granted.
    (e) The expedite fee may be waived only where the need for 
expedited processing was necessary due to Department error, mistake or 
delay.

    Dated: September 16, 1994.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 94-23717 Filed 9-23-94; 8:45 am]
BILLING CODE 4710-06-P