[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)] [Rules and Regulations] [Pages 5098-5103] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-1996] [[Page 5097]] _______________________________________________________________________ Part III Department of State _______________________________________________________________________ Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates; Final Rule Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 / Rules and Regulations [[Page 5098]] 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 [[Page 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 time-consuming 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 [[Page 5100]] 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: Sec. 22.1 Schedule of fees. ---------------------------------------------------------------------------------------------------------------- Item No. Fee ---------------------------------------------------------------------------------------------------------------- Passport and Citizenship Services ---------------------------------------------------------------------------------------------------------------- 1. Passport Services: (a) Execution. Required for first-time $15.00. applicants and renewals under age 16. (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 $35.00. Agency, unless the Department has determined that the applicant is required to apply at a U.S. Passport Agency. 2. Exemptions: The following applicants are exempted from passport fees: (a) Officers or employees of the United States No fee. 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). (b) American seamen who require a passport in No fee. connection with their duties aboard an American flag vessel (22 U.S.C. 214). (c) Widows, children, parents, or siblings of No fee. deceased members of the Armed Forces proceeding abroad to visit the graves of such members (22 U.S.C. 214). (d) Employees of the American National Red No fee. Cross proceeding abroad as members of the Armed Forces of the United States (10 U.S.C. 2602(c)). (e) Peace Corps and Volunteer Leaders deemed No fee. to be employees of the United States for purposes of exemption from passport fees (22 U.S.C. 2504(a)). 3. File search and verification of U.S. citizenship $15.00. 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.). [[Page 5101]] 4. Determination or adjudication of U.S. citizenship $100.00. 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. 5. Passport amendments, to add current or new No fee. 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. 6. Passport waiver (22 CFR 53.2(h), Passport No fee. requirement and exceptions). 7. Registration of a U.S. Citizen at a U.S. Embassy or No fee. Consulate when documentary proof of U.S. citizenship has been presented. 8. Report of Birth Abroad of a Citizen of the United $40.00. States (includes new no. 4). 9. Issuance of Replacement Report of Birth Abroad of a $40.00. 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. (Item nos. 10 through 14 vacant.) ---------------------------------------------------------------------------------------------------------------- Overseas Citizens Services ---------------------------------------------------------------------------------------------------------------- General Overseas Assistance: 15. Arrest visits................................. No fee. 16. Assistance regarding the welfare and No fee. whereabouts of a U.S. Citizen, including child custody inquiries. 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 No fee. with family members of a U.S. Citizen. 22. Assistance to the next-of-kin in making No fee. arrangements for shipping or other disposition of remains of a U.S. Citizen. 23. Affidavit attesting to preparation and packing No fee. of remains of a U.S. Citizen. 24. Issuance of consular mortuary certificate on No fee. behalf of a U.S. Citizen. 25. Assistance in transshipment of remains of a $700.00. foreign national to or through the United States, including documentation covered by items 23 and 24. 26. Preparation of Report of Death of an American No fee. Citizen Abroad, including sending copies to legal representative and closest known relative or relatives. 27. Acting as a provisional conservator of estates No fee. of U.S. Citizens (other than U.S. Government employees), by taking possession of, making an inventory, and placing the official seal. 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 Consular time (item 70) and costs. services additional to taking possession, inventorying, and placing the official seal. (Item no. 29 vacant.) ---------------------------------------------------------------------------------------------------------------- Services Relating to Vessels and Seamen ---------------------------------------------------------------------------------------------------------------- 30. Shipping and seamen services, including recording Per service, $80.00. of bill of sale of vessel purchased abroad, taking of application for certificate of American ownership, and investigation. 31. Documentary services related to shipping, Per service, $650.00 plus costs incurred. including issuance of certificate of American ownership. 32. Services provided for an American vessel (a vessel No fee. with a certificate of American ownership) or American seamen. (22 U.S.C. 4206). (Items nos. 33-34 vacant.) ---------------------------------------------------------------------------------------------------------------- Documentary Services ---------------------------------------------------------------------------------------------------------------- 35. Notarials......................................... $55.00. 36. Certifications: (a) Certifying under official seal that a copy $20.00; each additional copy $10.00. or extract made from an official or a private document is a true copy. (b) Certifying under official seal a statement $20.00; each additional copy $10.00. or extract from official files or a statement that no record of an official file can be located. (c) Certifying the fact of issuance of a $20.00; each additional copy $10.00. 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.). 37. Authentications: (a) Certifying to official character of a $32.00. foreign notary or other official (i.e., authenticating a document). (b) Authenticating a federal, state, or $32.00. 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. [[Page 5102]] 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 No fee. government agency (unless substantial costs would be incurred). (b) At the direct request of any state or No fee. local government, the District of Columbia, or any of the territories or possessions of the United States (unless substantial costs would be incurred). (c) With respect to documents to be presented No fee. by claimants, beneficiaries, or their witnesses in connection with obtaining federal, state, or municipal monetary benefits. (d) For American citizens outside the United No fee. States preparing ballots for any public election in the United States or any of its territories. (e) At the direct request of a foreign No fee. government or an international agency of which the United States is a member if the documents are for official noncommercial use. (f) At the direct request of a foreign No fee. government official when appropriate or as a reciprocal courtesy. (g) At the direct request of U.S. Government No fee. personnel, Peace Corps volunteers, or their dependents stationed or travelling officially in a foreign country. (h) With respect to documents whose production No fee. is ordered by a court of competent jurisdiction. (i) With respect to affidavits of support for No fee. immigrant visa applications. 39. Executing commissions to take testimony in No fee. 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. 40. Providing seal and certificate for return of $455.00. letters rogatory executed by foreign officials. 41. Taking depositions or executing commissions to Per hour, $200.00 plus costs incurred. take testimony. (Items nos. 42-49 vacant.) ---------------------------------------------------------------------------------------------------------------- Visa Services ---------------------------------------------------------------------------------------------------------------- 50. Immigrant visa application processing fee......... $260.00. 51. Immigrant visa application surcharge for Diversity $75.00. Visa Lottery. 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 No fee. visas. (b) Applicants for J visas participating in No fee. official U.S. Government (USIA or USAID) sponsored educational and cultural exchanges. (c) Persons issued replacement machine No fee. readable visas when the original machine readable visa has not adhered to the passport or other travel document through no fault of the applicant. (d) Persons exempted by international No fee. agreement as determined by the Department. (e) Persons travelling to participate in No fee. charitable activities as determined by the Department. 56. Nonimmigrant visa issuance fee, including border RECIPROCAL. crossing cards. 57. EXEMPTIONS from nonimmigrant visa issuance fee: (a) An official representative of a foreign No fee. government or an international or regional organization of which the U.S. is a member. (b) An applicant transiting to and from the No fee. United Nations headquarters. (c) An applicant participating in a U.S. No fee. Government sponsored program. (d) Persons travelling to participate in No fee. charitable activities as determined by the Department. 58. Visa fingerprinting............................... $25.00. 59. Special visa processing services for aliens: (a) Returning resident status................. $50.00. (b) Transportation letter (unless waived in $120.00. significant public benefit parole cases). (c) Waiver of immigrant visa ineligibility $95.00. (collected for INS; subject to change). 60. Filing immigrant visa petition (collected for INS; $80.00. subject to change). (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 $20.00. year or less to transfer funds to or for the benefit of an American in need in a foreign country. 67. Transportation charges incurred in the performance Costs incurred. of fee and no-fee services when appropriate and necessary. 68. Emergency passport photo service overseas......... No fee. 69. Return check processing fee (only in the United $25.00. States). 70. Consular time charges as required by this schedule Per hour, $180.00 plus costs incurred. or for fee services performed away from the office or after-duty-hours. 71. Photocopies (provided other than pursuant to 22 Per page, $1.00. CFR Part 171 or order of a court of competent jurisdiction). (Item nos. 72-80 vacant.) ---------------------------------------------------------------------------------------------------------------- [[Page 5103]] Sec. 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: Sec. 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 first-time 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 Sec. 51.62(a). (b) A fee for execution of the passport application, except as provided in Sec. 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 Secs. 51.63 through 51.66 are redesignated as Secs. 51.62 through 51.65, respectively. 7. Newly redesignated Sec. 51.63 is amended in paragraph (a) by changing ``Sec. 51.63'' to read ``Sec. 51.62'', and in paragraph (f) by changing ``Sec. 51.67'' to read ``Sec. 51.66''. 8. Newly redesignated Sec. 51.66 is amended by revising paragraphs (a) and (c) to read as follows: Sec. 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