[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Rules and Regulations]
[Pages 66769-66770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30905]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 3163]
Bureau of Consular Affairs; Schedule of Fees for Consular
Services, Department of State and Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State Department.
ACTION: Final rule.
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SUMMARY: This final rule amends the Department's Schedule of Fees for
Consular Services by adding to regulations containing the list of
certifications and fees and to regulations on the requests for services
the certification of documents relating to births, marriages, and
deaths of citizens of the United States and foreign nationals from
records maintained by the former Canal Zone Government prior to
September 30, 1979, and transferred as of December 1, 1999, from the
Panama Canal Commission to the Department of State.
DATES: This rule becomes effective December 1, 1999.
FOR FURTHER INFORMATION CONTACT: William Crawford, Passport Services
Correspondence Branch, Bureau of Consular Affairs, Department of State,
Washington, DC 20524, telephone (202) 955-0307; telefax (202) 955-0300.
SUPPLEMENTARY INFORMATION:
Background
From 1904 until 1979, when the vital records function was
transferred to the Republic of Panama, the U.S.-administered Canal Zone
Government recorded all civil acts of birth, marriage and death of
United States citizens and foreign nationals within the Canal Zone. The
Panama Canal Commission was created in 1979 as an agency of the U.S.
Government for the operation, management and improvement of the Canal
Area. Since October 1, 1979, it has processed requests from the public
for certified copies of certificates of birth, marriage or death
recorded prior to September 30, 1979, concerning both United States
citizens and foreign nationals born, married or deceased in the former
Canal Zone while it was under United States administration.
The Panama Canal Commission will cease to exist on December 31,
1999, when the Canal Area is transferred to the Panama Canal Authority,
a Panamanian agency. By December 1, 1999, the records will be
transferred to the Department of State as the custodian for such
documents issued abroad. This rule provides that, as successor
custodian, the Department upon request will provide certified copies of
those records, for both U.S. citizens and foreign nationals, under
procedures similar to the certification of documents relating to
births, marriages and deaths abroad of U.S. citizens issued by a U.S.
Embassy or Consulate, and as currently provided for in the regulations.
This rule also identifies the Department's office to which requests are
to be made.
Section 9701 of Title 31, United States Code requires charging a
fee for services provided to individuals that are not generally for the
benefit of all the public, and Executive Order 10718 of June 27, 1957,
authorizes the Secretary of State to establish fees to be charged for
official services by embassies and consulates. All consular fees and
exemptions therefrom must be reflected in the Schedule of Fees for
Consular Services. Therefore, the Department is revising paragraph (c)
under item 36 (certifications) of 22 CFR Subchapter C--Fees and Funds,
Part 22--Schedule of Fees for Consular Services--Department of State
and Foreign Service, Sec. 22.1. The Department has established the fee
for processing and
[[Page 66770]]
certifying Panama Canal Zone vital records at $20.00 for the initial
certified copy under official seal, with a fee of $10.00 for each
additional copy thereof, for each request. This fee is the same as the
fee charged for the certification of consular records issued abroad for
United States citizens, and reflects the actual costs incurred to
provide this service.
Since the rule provides a benefit to the class of affected persons
for a fee that recovers the cost of the service, the Department has
determined that prepublication notice and comment are unnecessary and
is exempted by 5 U.S.C. 553(b)(B), the ``good cause'' exemption.
The Department does not consider this rule to be a major rule for
purposes of E.O. 12291. These changes to the regulations are hereby
certified as not 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. Nor does the rule have federalism
implications warranting the application of Executive Order No. 12372
and No.13132. This rule is exempt from E.O. 12866, but the Department
has reviewed the rule to ensure consistency with the objectives of the
Executive Order, as well as with E.O. 12988, and the Office of
Management and Budget has determined this rule would not constitute a
significant regulatory action under E.O. 12866.
Final rule
List of Subjects in 22 CFR Part 22
Foreign Service, Fees, Passports and visas.
Accordingly, this rule amends 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; 22 U.S.C. 214,
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 amended by revising paragraph (c) at item (36)
to read as follows:
Sec. 22.1 Schedule of Fees
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Item No. Fee
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* * * *
* * *
Documentary Services
* * * *
* * *
36. Certifications:
(c) Certifying the fact Fee: $20.00; each additional copy $10.00.
of issuance of a 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.); and, certifying
copies of documents
relating to births,
marriages, and deaths of
citizens of the United
States or foreign
nationals within the
former Canal Zone of
Panama from records
maintained by the Canal
Zone Government from
1904 to September 30,
1979 (obtainable from
the Department of State,
Washington, D.C.).
* * * *
* * *
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3. Section 22.2(a) is revised to read as follows:
Sec. 22.2 Requests for services in the United States.
(a) Requests for records. Requests by the file subject or the
individual's authorized agent for services involving U.S. passport
applications and related records, including consular birth, marriage
and death records and authentication of other passport file documents,
as well as records of births, marriages and deaths within the former
Canal Zone of Panama recorded and maintained by the Canal Zone
Government from 1904 to September 30, 1979, shall be addressed to
Passport Services, Correspondence Branch, Department of State,
Washington, D.C. 20524. Requests for consular birth records should
specify whether a Consular Report of Birth (Form FS 240, or long form)
or Certification of Birth (Form DS 1350, or short form) is desired.
Advance remittance of the exact fee is required for each service.
* * * * *
Dated: November 15, 1999.
Bonnie R. Cohen,
Under Secretary for Management.
[FR Doc. 99-30905 Filed 11-29-99; 8:45 am]
BILLING CODE 4710-06-P