[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