[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Proposed Rules]
[Pages 6584-6586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2697]


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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 2970]


Schedule of Fees for Consular Services, Department of State and 
Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs, State Department.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend the Schedule of Fees for Consular 
Services. Specifically, it lowers the cost of the machine readable 
combined border crossing card and nonimmigrant visa for certain Mexican 
citizens under the age of 15 applying in Mexico and it exempts certain 
diplomatic visa applicants from visa fees for non-official travel.

DATES: Written comments must be received no later than March 12, 1999.

ADDRESSES: Interested persons are invited to submit comments in 
duplicate to: Office of the Executive Director, Bureau of Consular 
Affairs, Department of State, Washington, D.C. 20520-4818, telephone 
(202) 647-3682; telefax (202) 647-3677.

FOR FURTHER INFORMATION CONTACT: Alcy Frelick, Office of the Executive 
Director, Bureau of Consular Affairs, Department of State, telephone 
(202) 647-3682; telefax (202) 647-3677.

SUPPLEMENTARY INFORMATION:

Authority to Collect Fees

    Public Law 103-236, enacted April 30, 1994, authorizes the 
Secretary of State to collect a surcharge for the processing of machine 
readable visa (MRV) applications and for the processing of machine 
readable combined border crossing card and nonimmigrant visa 
applications. This authority has been delegated to the Undersecretary 
for Management. The Secretary of State is also authorized under E.O. 
10718 of June 27, 1957, to exercise the President's authority under 22 
U.S.C. 4219 to prescribe the fees to be charged for official services 
performed by the Department of State. The Schedule of Fees for Consular 
Services is set forth in 22 CFR 22.1, as amended on January 30, 1998, 
[63 FR 5098].

Combined Border Crossing Card and Nonimmigrant Visa

    Section 410 of Public Law 105-277, enacted October 21, 1998, 
provides for a revised fee for certain categories of applicants for the 
machine readable combined border crossing card and

[[Page 6585]]

nonimmigrant visa. This rule amends item 54 on the Schedule of Fees for 
Consular Services. Effective 6 months after October 21, 1998, it 
reduces the fee for the processing of an application for a combined 
border crossing card and nonimmigrant visa to $13 (for recovery of 
costs of manufacturing the combined card and visa) in the case of any 
Mexican citizen under 15 years of age where the application for the 
machine-readable combined border crossing card and nonimmigrant visa is 
made in Mexico by a person who has at least one parent or guardian who 
has a visa or is applying for a machine-readable combined border 
crossing card and nonimmigrant visa as well. This revised fee is 
proposed to take effect on April 21, 1999, as provided by the law.
    Pub. L. 107-277 Section 410 (b)(3) states: ``Notwithstanding any 
other provision of law, the Secretary of State shall set the amount of 
the fee . . . at a level that will ensure the full recovery by the 
Department of State of the costs of processing such machine readable 
nonimmigrant visas and machine readable combined border crossing cards 
and nonimmigrant visas, including the costs of processing the machine 
readable combined border crossing cards and nonimmigrant visas for 
which the fee is reduced pursuant to this subsection.''
    A cost analysis determined that the $13 fee would cover the cost of 
production of the combined machine-readable border crossing card and 
nonimmigrant visa for qualifying Mexican citizens. Given this and the 
fact that the $45 fee is based on world wide average of processing 
visas and given the small percentage of the worldwide workload this new 
fee affects and the cost of production of the machine readable combined 
border crossing card and nonimmigrant visa, it is not anticipated that 
the reduction in the fee for this group will mandate a change in the 
MRV processing fee worldwide in order to comply with the full cost 
recovery provisions of the law.

Diplomatic Visas for Non-Official Travel

    The second item in this rule amends items 55 and 57 of the Schedule 
of fees for Consular Services by adding an exemption from the visa 
processing and issuance fees for certain applicants applying for 
diplomatic visas for non-official travel to the U.S. Exempting these 
categories of visas from the visa processing and issuance fees is 
consistent with diplomatic practice worldwide. Officials of foreign 
governments regularly apply for visas for non-official travel to the 
U.S. through diplomatic channels. These applications, when submitted 
under diplomatic note but without the fee, must currently be returned 
for resubmission, causing delays and adding to the cost of service. In 
addition, they generate complaints to senior U.S. officials and often 
require comprehensive explanations to clarify the reason for the return 
of the visa application. The exemption from processing and issuance 
fees of these visas is in the interest of the U.S. government, as these 
officials and their immediate family members play pivotal roles in U.S. 
relations with their countries. Encouraging personal travel of foreign 
government officials and their immediate family members has long term 
positive impact on the achievement of U.S. policy goals because it 
contributes to understanding of U.S. culture and policies. This 
amendment is proposed to take effect March 1, 1999.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, as amended in 1996 (5 
U.S.C. Chapter 6), requires the Federal government to anticipate and 
minimize the impact of rules and paperwork requirements on small 
entities. Such entities are defined as small businesses (those with 
fewer than 500 employees), small non-profit organizations (those with 
fewer than 500 employees), and small governmental entities (those in 
areas with fewer than 50,000 residents). The Department has assessed 
the potential impact of the Rule, and the Undersecretary for Management 
by approving it certifies that it will not have a significant economic 
effect on a substantial number of small entities. It imposes no 
requirements on such entities.
    In addition, pursuant to the Small Business Regulatory Fairness Act 
(U.S.C. Chapter 8), the Department has screened the Rule and determines 
that it is not a ``major rule,'' as defined in 5 U.S.C. 804(2). It will 
not result in an annual effect on the economy of $100,000 or more; a 
major increase in cost or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of US-based companies in domestic and export markets.

Paperwork Reduction Act

    No new information requirements are contained in this rule.

Executive Orders 12866 and 12988

    This rule is exempt from Executive Order 12866 but has been 
reviewed internally by the Department to ensure consistency with the 
objective thereof. This rule has also been reviewed as required by 
Executive Order 12988 and determined to be in compliance therewith.

Executive Order 12612

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 12612, it 
is determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995 (2U.S.C. 1501 et seq.) and Executive Order 12875.

Proposed Rule

List of Subjects in 22 CFR Part 22

    Passports and visas, Schedule of consular fees.
    Accordingly, this rule proposes to amend 22 CFR part 22 as follows:

PART 22--[AMENDED]

    1. The authority citation for part 22 continues to read as follows:

    Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 214, 
250(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. In Sec. 22.1 by revising items 54, 55(a) and 57(a) to read as 
follows:


Sec. 22.1  Schedule of fees.

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                           Item No.                               Fee
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          *            *            *            *            *
54. Nonimmigrant visa application and combined border
 crossing card and nonimmigrant visa processing fees:
    (a) Nonimmigrant visa....................................     $45.00
    (b) Combined border crossing card and nonimmigrant visa
     (age 15 and over).......................................     $45.00

[[Page 6586]]

 
    (c) Combined border crossing card and nonimmigrant visa
     (under age 15) [for Mexican citizen if parent or
     guardian has or is applying for a combined border
     crossing card and nonimmigrant visa]....................      13.00
55. EXEMPTIONS from nonimmigrant visa application processing
 fee:
    (a) Applicants for diplomatic visas, as defined in 22 CFR
     41.26...................................................     No fee
          *            *            *            *            *
57. EXEMPTIONS from nonimmigrant visa issuance fee:
(a) Applicants for diplomatic visas, as defined in 22 CFR
 41.26                                                            No fee
          *            *            *            *            *
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    Dated: January 20, 1999.
Bonnie R. Cohen,
Under Secretary for Management.
[FR Doc. 99-2697 Filed 2-9-99; 8:45 am]
BILLING CODE 4710-06-P