[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Rules and Regulations]
[Pages 6479-6480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2962]


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DEPARTMENT OF STATE

22 CFR Parts 72 and 92

[Public Notice 2718]


Consular Schedule of Fees/Decedent Estate Procedures

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: The Bureau of Consular Affairs is amending certain regulations 
relating to fees charged for consular services to reflect changes being 
made in the Schedule of Fees.

DATES: Effective date: February 1, 1998.
    Comments: Although this rule takes effect February 1, 1998, persons 
may submit written comments up to 30 days after the date of publication 
of this rule. (March 11, 1998).

FOR FURTHER INFORMATION CONTACT: Edward A. Betancourt or Michael 
Meszaros, Overseas Citizens Services, Department of State, 2201 C 
Street, NW, Room 4811, Washington, DC 20520, 202-647-3666.

SUPPLEMENTARY INFORMATION: This rule revises Secs. 72.14, 72.52, 72.53, 
92.43 and removes Secs. 92.44 and 92.48 of Title 22 of the CFR. These 
sections would otherwise conflict with the new Schedule of Fee 
provisions, 22 CFR 22.2, taking effect February 1, 1998, or are now 
unnecessary. The significant provisions affected at present provide (1) 
For no fees to be charged for disposition of remains services rendered 
by consular officers without regard to the nationality of the decedent 
(2) for a fee for rendering services with respect to personal estates 
of deceased U.S. citizens overseas that is different from the new fee 
being established in 22 CFR 22.1 and (3) fees for protesting payment of 
bills of exchange, which is no longer included in the Schedule of Fees.
    Item No. 25 of the new Schedule of Fees 22 CFR 22.1, will provide, 
effective February 1, 1998, for a fee of $700.00 for assistance 
rendered in transshipment of the remains of a foreign national to or 
through the United States. 22 CFR 72.14 is amended so this fee, found 
in the recent fee study to be appropriate for the service rendered, can 
be charged. The service will continue to be a no-fee service with 
respect to the remains of a U.S. national.
    Item No. 28 of the new Schedule of Fees will provide for an hourly 
fee for certain services rendered in connection with personal estates 
of U.S. citizens who die overseas, applicable to estates over $10,000. 
The fee in 22 CFR 72.52 is based on the value of the estate rather than 
the consular officers time and has no exemption. To ensure consistency 
with the new fee schedule, Secs. 72.52 and 72.53(a) are being amended. 
Minor technical changes are also being made in Sec. 72.53(a).
    The new Schedule of Fees eliminates fees for protesting nonpayment 
of bills of exchange. Therefore, 22 CFR 92.44, the CFR section that 
provides instructions regarding this service, which is no longer 
performed, is removed. Section 92.48 is also being removed because it 
serves no apparent function. A minor technical change is also being 
made to 22 CFR 92.43.
    These regulations are not expected to have a significant economic 
impact on a substantial number of small entities and are not major 
rules for purposes of advance Congressional reporting under the 
criteria of the Regulatory Flexibility Act. In addition, they will not 
impose information collection requirements under the provisions of the 
Paperwork Reduction Act of 1980, 44 U.S.C. Chapter 35. Nor do these 
final rules have federalism implications warranting the preparation of 
a Federalism Assessment in accordance with E.O. 12612. These final 
rules have been reviewed under E.O. 12988 and determined to be in 
compliance therewith. These rules are exempt from review under E.O. 
12866 but have been reviewed internally and found to be consistent with 
the objectives thereof.

Comment Period and Effective Date--Exceptions

    This rule is being promulgated as a final rule without prior notice 
and comment, and will take effect in less than 30 days after 
publication. The Department considers the rule exempt from the advance 
notice and comment procedures and believes that it is appropriate to 
make the rule effective February 1 pursuant to the exceptions provided 
in 5 U.S.C. 553(b) and 553(d)(3) for the following reasons. The rule 
simply conforms related regulations to changes in the Schedule of Fees 
for Consular Services that were published for notice and comment on 
December 1, 1997, and that are scheduled to take effect on February 1. 
Because the public was previously made aware of these changes in that 
context, and because the Department is imminently taking action on the 
Schedule of Fees in light of public comments received, providing for 
additional notice and comment with respect to the conforming changes 
being made here is unnecessary and would not be meaningful. Moreover, 
it would be impracticable and contrary to the public interest to delay 
the changes made by this rule, because doing so would result in a 
confusing inconsistency between the Schedule of Fees and the rules 
being amended herein. The Department believes the public interest is 
best served by ensuring that the regulations amended herein are 
conformed to other regulatory changes being made effective February 1.

List of subjects in

22 CFR Part 72

    Estates and Foreign Service

22 CFR Part 92

    Foreign service and Legal services.
    Accordingly Parts 72 and 92 of Title 22 are amended as follows:

PART 72--DEATHS AND ESTATES

    1. The authority citation for Part 72 continues to read as follows:

    Authority: R.S. 1709, as amended, sec. 302, 60 stat. 1001; 22 
U.S.C. 1175, 842.


[[Page 6480]]


    2. Revise Sec. 72.14 to read as follows:


Sec. 72.14  Fees for disposing remains.

    No fees are prescribed for services in connection with the 
disposition of remains of United States citizens or nationals. Fees for 
such services with respect to the remains of foreign nationals are as 
prescribed in the Schedule of Fees, 22 CFR 22.1.
    3. Revise Sec. 72.52 to read as follows:


Sec. 72.52  Fee services

    Fees are charged for overseeing the appraisal, sale and final 
disposition of the estate, disbursing funds, and forwarding securities, 
etc., as provided in the Schedule of Fees, 22 CFR 22.1.
    4. Revise paragraph (a) of Sec. 72.53 to read as follows:


Sec. 72.53  No-Fee services

* * * * *
    (a) For taking possession of, making an inventory, placing the 
official seal on the estate (real or personal property), or for 
breaking or removing such seals Sec. 72.28-72.29);
* * * * *

PART 92--NOTARIAL AND RELATED SERVICES

    5. The authority citation for Part 92 continues to read as follows:

    Authority: 22 U.S.C. 2658, unless otherwise noted.


Sec. 92.43  [Amended]

    6. Section 92.43 is amended by removing ``Notarial Services and 
Authentications in the Tariff of Fees, foreign service of the United 
States of America Sec. 22.1 of this chapter), unless the service is 
performed under a ``no fee'' item of the same tariff'' and substituting 
``Documentary services in the Schedule of Fees Sec. 22.1 of this 
chapter), unless the service is performed under a ``no fee'' item of 
the same caption of the Schedule.''


Secs. 92.44 and 92.48   [Removed]

    7. Sections 92.44 and 92.48 are removed.

    Dated: January 27, 1998.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-2962 Filed 2-6-98; 8:45 am]
BILLING CODE 4710-06-M