[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