[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Proposed Rules]
[Pages 42913-42919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16363]


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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 4765]
RIN 1400-AB94


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

AGENCY: Bureau of Consular Affairs, State.

ACTION: Proposed rule.

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SUMMARY: This rule proposes adjustments in current fees for consular 
services. These adjusted fees would take effect on October 1, 2004. 
Specifically, the rule makes changes in the Schedule of Fees for 
Consular Services (``Schedule of Fees'' or ``Schedule''). 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. The Department of 
State has reviewed its current consular fees in connection with 
completion of a new cost of services study. As a result of that review, 
there are nine proposed fee changes on the Schedule, of which seven are 
increases and two are decreases of existing fees. Most notably, the 
Schedule increases the Diversity Visa Lottery surcharge for immigrant 
visa application from $100 to $375 to make this particular surcharge 
more

[[Page 42914]]

consistent with the costs the Department is authorized to recover 
through the surcharge and with the full-cost recovery basis on which 
other consular fees are set and collected. In addition, the Schedule 
incorporates changes in the Department of Homeland Security (DHS) fees 
that the Department of State collects on behalf of DHS that went into 
effect on April 30, 2004. Certain consular services performed for no 
fee are included in the Schedule so that members of the public will be 
aware of significant consular services provided by the Department that 
they may request and for which they will not be charged. A minor 
technical change is also being made in the Schedule by combining the 
``no fee'' service of loan processing with the ``no fee'' services 
relating to the welfare and whereabouts of a U.S. citizen.

DATES: Written comments must be received on or before August 18, 2004.

ADDRESSES: Interested persons are invited to submit written comments 
to: Office of the Executive Director, Bureau of Consular Affairs, 
Department of State, Suite H1004, 2401 E Street, NW., Washington, DC 
20520. Individuals submitting written comments are requested to 
identify their comments as ``Comments on Schedule of Fees.'' Comments 
so addressed may be submitted through the U.S. Postal Service or by 
electronic mail to [email protected]. This document may also be viewed and 
comments submitted by going to the ``regulations.gov'' Web site at 
http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Phillip Min, Office of the Executive 
Director, Bureau of Consular Affairs, telefax: (202) 663-2499; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The majority of the Department of State's consular fees are 
established pursuant to the general user charges statute, 31 U.S.C. 
9701, and/or 22 U.S.C. 4219, which, as implemented through Executive 
Order 10718 of June 27, 1957, authorizes the Secretary of State to 
establish fees to be charged for official services provided by 
embassies and consulates. Fees established under these authorities 
include fees for immigrant and nonimmigrant visa processing, for 
fingerprints, and for overseas citizens services. In addition, a number 
of statutes address specific fees. Passport application fees (including 
the cost of passport issuance and use) are authorized by 22 U.S.C. 214, 
as are fees for the execution of passport applications. (This provision 
was amended on November 29, 1999, by Public Law 106-113, to permit 
collection of a nonrefundable application fee subject to promulgation 
of implementing regulations, which are at 22 CFR parts 51 and 53.) 
Section 636 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, Public Law 104-208, 110 Stat. 3009-703-704 
(Sept. 30, 1996), authorizes establishment of a diversity visa 
application fee to recover the full costs of the visa lottery conducted 
pursuant to Sections 203 and 222 of the Immigration and Nationality Act 
(INA), 8 U.S.C. 1153, 1202, but to be paid only by those who are 
selected through the lottery process and apply for a visa (so that 
those who are selected and apply for a visa pay the costs of 
participation for those who registered in the lottery but were not 
selected). Nonimmigrant visa reciprocity fees are authorized and, in 
fact, generally required, pursuant to Section 281 of the INA, 8 U.S.C. 
1351. Notwithstanding the general rule of reciprocity, however, a cost-
based, nonimmigrant visa processing fee for the machine readable visa 
(MRV) and for a combined border crossing and nonimmigrant visa card 
(BCC) (22 CFR 41.32) is authorized by Section 140(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, Public Law 
103-236 (April 30, 1994). Certain persons are exempted by law or 
regulation from payment of specific fees. These exemptions are noted in 
the fee schedule and include the nonimmigrant visa fee exemptions set 
forth in 22 CFR 41.107 for certain individuals who engage in charitable 
activities or who qualify for diplomatic visas. In addition, aliens 
under age 15 are in certain circumstances entitled to a combined MRV/
BCC for a statutorily established fee of $13, which is below the full 
cost of service, pursuant to Section 410 of Title III of the Commerce, 
Justice, State Appropriations Act enacted as part of the Omnibus FY 
1999 Appropriations Act, Public Law 105-277 (Oct. 21, 1998). Various 
statutes also permit the Department to retain some of the consular fees 
it collects. These are, at present, the MRV and BCC fees, the passport 
expedite fee, the fingerprint fee, the J Visa Waiver fee, the Diversity 
Visa Lottery fee, and the Affidavit of Support fee.
    With the exception of nonimmigrant visa reciprocity fees, which are 
established based on the practices of other countries, all consular 
fees are established on a basis of cost recovery and in a manner 
consistent with general user charges principles, regardless of the 
specific statutory authority under which they are promulgated. As set 
forth in OMB Circular A-25, the general policy underlying user charges 
is that a reasonable charge should be made to each identifiable 
recipient for a measurable unit or amount of government service or 
property from which the user derives a special benefit. The OMB 
guidance covers all Federal Government activities that convey special 
benefits to recipients beyond those that accrue to the general public. 
The Department of State is required to review consular fees 
periodically to determine the appropriateness of each fee in light of 
applicable provisions of OMB Circular A-25. While services of direct 
benefit to individuals, organizations or groups should be paid for by 
the users rather than by taxpayers in general, the guidelines state 
that services performed for the primary benefit of the general public 
or the U.S. Government should be supported by tax revenues. The changes 
set forth in the proposed Schedule of Fees reflect these guidelines.
    The last major update of the Schedule of Fees was in 2002. 
Consistent with OMB Circular A-25, the Department conducted a cost-of-
service study to determine the current direct and indirect costs 
associated with each consular service the Department provides, so that 
the Schedule could be updated. The study was supervised by the Bureau 
of Consular Affairs and performed with the assistance of an independent 
contractor. The contractor and Department staff surveyed and visited 
domestic and overseas consular sites handling a representative sample 
of all consular services worldwide. This review attempted to identify 
the fully allocated costs of consular services (direct and indirect).
    In situations where services are provided often enough to develop a 
reliable estimate of the average time involved, the Schedule generally 
sets a flat service fee. In other situations where services are not 
provided often enough, the fee was calculated based on the consular 
hourly rate. In either case, the fee is designed to recover some or 
all--but not more than--actual fully allocated costs the Department 
expects to incur over the period that the Schedule will be in effect. 
When the fee is set below costs, the remaining cost is either recovered 
through allocation to related services for which fees are charged, or 
will be covered by taxpayers through appropriations. (Detailed 
information concerning the methodology of the study is available from 
the Bureau of Consular Affairs.) Based on this effort and subsequent

[[Page 42915]]

analysis, the Department is now proposing adjustments to the Schedule 
of Fees. Notable changes to the schedule are discussed below.

File Search and Verification of U.S. Citizenship

    The fee to search Department of State files to verify an 
applicant's U.S. citizenship is being increased from $45 to $60. The 
$60 fee is still well below the actual cost of the service, and the 
remaining costs will continue to be recovered through the passport fee 
because this file search is almost always associated with a passport 
application. The fee is set slightly higher than the $55 adult passport 
application fee (which remains unchanged in the proposed Schedule) in 
order to encourage applicants to provide adequate citizenship 
documentation when applying for a passport rather than to request a 
costly, time-intensive file search by the Department to verify their 
U.S. citizenship. The fee remains below cost, however, to mitigate its 
impact on U.S. citizens who have lost all identification and need to 
have their citizenship verified by the Department of State so that they 
may obtain a replacement passport.

Diversity Visa Lottery Surcharge for Immigrant Visa Application

    The Schedule increases the Diversity Visa (DV) Lottery surcharge 
for a diversity immigrant visa application from $100 to $375. The 
Department has legal authority to collect the surcharge only from 
persons who are selected through the lottery process and therefore 
qualify to apply for a DV visa, and to set it at a level sufficient to 
cover the entire cost of running the lottery. The current $100 DV fee 
recovers only some of the costs of the program, with remaining costs 
recovered through appropriations. In order to make the DV surcharge 
more consistent with the costs the Department is authorized to recover 
through the surcharge and with the full-cost recovery basis on which 
other consular fees are set and collected, the proposed increase allows 
for full recovery of all costs, both direct and indirect, from those 
who are selected through the lottery process and apply for a DV visa. 
The fee will continue to be collected from everyone selected in the 
lottery who pursues an application for DV status.

Affidavit of Support Review

    The Affidavit of Support Review fee is charged domestically for all 
Affidavits of Support reviewed at the National Visa Center to ensure 
that they are properly completed before they are forwarded to a 
consular post for adjudication. The fee is being increased from $65 to 
$70 to reflect the increase in the cost of providing this service to 
immigrant visa applicants. The actual cost of the service will be 
recovered in its entirety from the applicant through this increased 
fee.

Determining Returning Resident Status

    The fee for this service has increased from $360 to $400. Even with 
the increase, the full costs for this service will not be recovered 
from the applicant. The balance of the costs associated with this 
service will still be recovered through the Immigrant Visa (IV) fee 
because immigrant visa applicants themselves may eventually benefit 
from the service of determining returning resident status. The $40 
increase in the fee is based on maintaining this fee at the same 
percentage of the actual cost of service as the percentage used 
previously to set this particular fee.

Transportation Letter for Legal Permanent Residents of the U.S.

    The proposed Schedule decreases the fee for a transportation letter 
issued to a Legal Permanent Resident Alien (LPRA) who needs a 
transportation letter to reenter the U.S. from $300 to $165. The new 
fee reflects the unit cost for this service as determined by the recent 
cost-of-service study.

Waiver of 2 Year Residency Requirement

    The fee for this service has decreased by $15, from $230 to $215. 
The fee reflects the actual cost of providing this service to J visa 
applicants as determined by the recent cost-of-service study.

Processing Letters Rogatory and Foreign Sovereign Immunities Act (FSIA) 
Judicial Assistance Cases

    The fee for these services will increase from $650 to $735. As with 
the fee for the service of determining returning resident status, this 
$735 does not recover the full cost of the service. The remaining costs 
are recovered through appropriations because it is in the interest of 
the United States Government to support these international legal 
processes. The $85 increase in the fee is based on recovering the same 
percentage of the actual cost of service as was recovered by the 
previous fee.

Consular Time

    The Schedule raises from $235 to $265 the fee charged on an hourly 
basis for consular time. This fee is charged for fee services performed 
away from the office or after normal working hours. It is also the fee 
that is used as the basis for fees for other services that are based on 
consular time calculations, including services related to vessels and 
seamen, attending or taking depositions, sealing and certifying 
depositions (increasing the fee from $60 to $70), supervising and 
swearing in witnesses for telephone depositions, and making 
arrangements for a deceased non-U.S. citizen family member. The $265 
reflects the actual unit cost of this service on a full-cost recovery 
basis, as determined by the most recent cost-of-service study.

Loan Processing

    The current Schedule lists loan processing as item 13 and a 
separate ``no fee'' service in the category of arrests, welfare and 
whereabouts, and related services under the heading of Overseas 
Citizens Services. In the new schedule, this item is being combined 
with item 12, which is assistance regarding the welfare and whereabouts 
of a U.S. citizen, including child custody inquiries. This is a purely 
technical change in the Schedule to shorten it and reflect that the 
kinds of loans covered by former item 13 are aspects of the 
Department's no-fee welfare and whereabouts work.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a proposed rule with a 
30-day provision for public comments.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities as defined in 
5 U.S.C. 601(6).

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 
million or more in any 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an

[[Page 42916]]

annual effect on the economy of $100 million or more; a major increase 
in costs or prices; or significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
the United States-based companies to compete with foreign-based 
companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order. In 
addition, OMB has been provided with an information copy of the 
proposed regulation.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed this regulation in light of sections 
3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 
burden.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements.

List of Subjects in 22 CFR Part 22

    Consular services, Fees, Schedule of fees for consular services, 
Passports and visas.

    Accordingly, an amendment to part 22 CFR part 22 is proposed 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. 
2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 
9701; Pub. L. 105-277, 112 Stat. 2681 et seq.; 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.

    The following table sets forth the U.S. Department of State's 
Schedule of Fees for Consular Services:

                                     Schedule of Fees for Consular Services
----------------------------------------------------------------------------------------------------------------
                       Item No.                                                   Fee.
----------------------------------------------------------------------------------------------------------------
          Passport and Citizenship Services
 
1. Passport Execution: Required for first-time         $30.
 applicants and others who must apply in person [01--
 Passport Execution].
2. Passport Application Services for:
    (a) Applicants age 16 or over (including           $55.
     renewals) [02-Adult Passport].
    (b) Applicants under age 16 [03--Minor Passport].  $40.
    (c) Passport amendments (extension of validity,    No fee.
     name change, etc.) [04--Amendment].
3. Expedited service: Three-day processing and/or in-  $60.
 person service at a U.S. Passport Agency (not
 applicable abroad) [Expedited Service].
4. Exemptions: The following applicants are exempted
 from passport fees:
    (a) Officers or employees of the United States     No fee.
     and their immediate family members (22 U.S.C.
     214) and Peace Corps Volunteers and Leaders (22
     U.S.C. 2504(a)) proceeding abroad or returning
     to the United States in the discharge of their
     official duties [05--Passport Exempt].
    (b) U.S. citizen seamen who require a passport in  No fee.
     connection with their duties aboard an American
     flag vessel (22 U.S.C. 214) [05--Passport
     Exempt].
    (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) [05-Passport Exempt].
    (d) Employees of the American National Red Cross   No fee.
     proceeding abroad as members of the Armed Forces
     of the United States (10 U.S.C. 2603) [05--
     Passport Exempt].
5. Travel Letter: Provided as an emergency             No fee.
 accommodation to a U.S. citizen returning to the
 United States when the consular officer is unable to
 issue a passport book. (Consular time charges, item
 75, may apply) [06--U.S.C. Travel Letter].
16. File search and verification of U.S. citizenship:  $60.
 When applicant has not presented evidence of
 citizenship and previous records must be searched
 (except for an applicant abroad whose passport was
 stolen or lost abroad or when one of the exemptions
 is applicable) [07-PPT File Search]
7. Application for Report of Birth Abroad of a         $65.
 Citizen of the United States [08--Report Birth
 Abroad].
(item no. 8 through 10 vacant)
 
              Overseas Citizens Services
 
    Arrests, Welfare and Whereabouts, and Related
                       Services
 
11. Arrest and prison visits.........................  No fee.
12. Assistance regarding the welfare and whereabouts   No fee.
 of a U.S. citizen, including child custody inquiries
 and processing of repatriation and emergency dietary
 assistance loans.
(item no. 13 vacant)
 
              Death and Estate Services
 
14. Assistance to next-of-kin:
    (a) After the death of a U.S. citizen abroad       No fee.
     (providing assistance in disposition of remains,
     making arrangements for shipping remains,
     issuing Consular Mortuary Certificate, and
     providing up to 20 original Consular Reports of
     Death).

[[Page 42917]]

 
    (b) Making arrangements for a deceased non-U.S.    Consular time (item 75) plus expenses.
     citizen family member (providing assistance in
     shipping or other disposition of remains of a
     non-U.S. citizen) [11--Non U.S.C. Death].
15. Issuance of Consular Mortuary Certificate on       $60.
 behalf of a non-U.S. citizen [12--Non-U.S.C. Mort
 Cert].
16. Acting as a provisional conservator of estates of
 U.S. citizens:
    (a) Taking possession of personal effects; making  No fee.
     an inventory under an official seal (unless
     significant time and/or expenses incurred).
    (b) Overseeing the appraisal, sale, and final      No fee.
     disposition of the estate, including disbursing
     funds, forwarding securities, etc. (unless
     significant time and/or expenses incurred).
    (c) For services listed in 16(a) or (b) when       Consular time (item 75) and/or expenses.
     significant time and/or expenses are incurred
     [13--Estate Costs].
(Items no. 17 through 20 vacant)
 
              Nonimmigrant Visa Services
 
21. Nonimmigrant visa application and border crossing
 card processing fees (per person):
    (a) Nonimmigrant visa [21--MRV Processing].......  $100.
    (b) Border crossing card--10 year (age 15 and      $100.
     over) [22--BCC 10 Year].
    (c) Border crossing card--5 year (under age 15).   $13.
     For Mexican citizen, if parent or guardian has
     or is applying for a border crossing card [23--
     BCC 5 Year].
22. Exemptions from nonimmigrant visa application
 processing fee:
    (a) Applicants for A, G, C-3, NATO and diplomatic  No fee.
     visas as defined in 22 CFR 41.26 [24--MRV
     Exempt].
    (b) Applicants for J visas participating in        No fee.
     official U.S. Government-sponsored educational
     and cultural exchanges [24--MRV Exempt].
    (c) Replacement machine-readable visa when the     No fee.
     original visa was not properly affixed or needs
     to be reissued through no fault of the applicant
     [24--MRV Exempt].
    (d) Applicants exempted by international           No fee.
     agreement as determined by the Department,
     including members and staff of an observer
     mission to United Nations Headquarters
     recognized by the UN General Assembly, and their
     immediate families [24--MRV Exempt].
    (e) Applicants traveling to provide charitable     No fee.
     services as determined by the Department [24--
     MRV Exempt].
    (f) U.S. Government employees traveling on         No fee.
     official business [24--MRV Exempt].
23. Nonimmigrant visa issuance fee, including border-  Reciprocal.
 crossing cards [25--NIV Issuance Reciprocal].
24. 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;
     members and staff of an observer mission to
     United Nations Headquarters recognized by the UN
     General Assembly; and applicants for diplomatic
     visas as defined under item 22(a); and their
     immediate families [26--NIV Issuance Exempt].
    (b) An applicant transiting to and from the        No fee.
     United Nations Headquarters [26--NIV Issuance
     Exempt].
    (c) An applicant participating in a U.S.           No fee.
     Government-sponsored program [26--NIV Issuance
     Exempt].
    (d) An applicant traveling to provide charitable   No fee.
     services as determined by the Department [26--
     NIV Issuance Exempt].
(Items no. 25 through 30 vacant)
 
         Immigrant and Special Visa Services
 
31. Filing immigrant visa petition (collected for the
 Bureau of U.S. Citizenship and Immigration
 Services):
    (a) Petition to classify status of alien relative  $185.
     for issuance of immigrant visa [81--USCIS I-130
     Petition].
    (b) Petition to classify orphan as an immediate    $525.
     relative [82--USCIS I-600 Petition].
32. Immigrant visa application processing fee (per     $335.
 person) [31--IV Application].
33. Diversity Visa Lottery surcharge for lottery       $375.
 participation (per person applying for an immigrant
 visa as a result of the lottery program) [32--DV
 Processing].
34. Affidavit of Support Review (only when AOS is      $70.
 reviewed domestically).
35. Special visa services:
    (a) Determining Returning Resident Status [33--    $400.
     Returning Resident].
    (b) Transportation letter for Legal Permanent      $165.
     Residents of U.S. [34--LPR Transportation
     Letter].
    (c) Waiver of 2-year residency requirement [J      $215.
     Waiver].
    (d) Waiver of immigrant visa ineligibility         $250.
     (collected for the Bureau of U.S. Citizenship
     and Immigration Services) [83--IV Waiver].
    (e) Refugee or significant public benefit parole   No fee.
     case processing [35--Refugee/Parole].
    (f) U.S. visa fingerprinting [36--Fingerprints]..  $85.
(Item no. 36 through 40 vacant)
 
                 Documentary Services
 
41. Providing notarial service:
    (a) First service (seal) [41--Notarial]..........  $30.
    (b) Each additional seal provided at the same      $20.
     time in connection with the same transaction
     [42--Additional Notar].
42. Certification of a true copy or that no record of
 an official file can be located (by a post abroad):
    (a) First copy [43--Certified Copy]..............  $30.
    (b) Each additional copy provided at the same      $20.
     time [44--Additional Copy].
43. Provision of documents, certified copies of
 documents, and other certifications by the
 Department of State (domestic):

[[Page 42918]]

 
    (a) Documents relating to births, marriages, and   $30.
     deaths of U.S. citizens abroad originally issued
     by a U.S. Embassy or Consulate.
    (b) Issuance of Replacement Report of Birth        $30.
     Abroad.
    (c) Certified copies of documents relating to      $30.
     births and deaths within the former Canal Zone
     of Panama from records maintained by the Canal
     Zone Government from 1904 to September 30, 1979.
    (d) Certifying a copy of a document or extract     $30.
     from an official passport record.
    (e) Certifying that no record of an official file  $30.
     can be located [45--Brth/Mar/Death/No Record].
    (f) Each additional copy provided at same time     $20.
     [46--Additional Cert].
44. Authentications (by posts abroad):
    (a) Authenticating a foreign notary or other       $30.
     foreign official seal or signature.
    (b) Authenticating a U.S. federal, state, or       $30.
     territorial seal.
    (c) Certifying to the official status of an        $30.
     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.
    (d) Each authentication [47--Authentication].....  $30.
45. Exemptions: Notarial, certification, and
 authentication fees or passport file search fees
 will not be charged when the service is performed:
    (a) At the direct request of any federal           No fee.
     government agency, any state or local
     government, the District of Columbia, or any of
     the territories or possessions of the United
     States (unless significant costs would be
     incurred) [48--Documents Exempt].
    (b) With respect to documents to be presented by   No fee.
     claimants, beneficiaries, or their witnesses in
     connection with obtaining federal, state, or
     municipal benefits [48--Documents Exempt].
    (c) For U.S. citizens outside the United States    No fee.
     preparing ballots for any public election in the
     United States or any of its territories [48--
     Documents Exempt].
    (d) At the direct request of a foreign government  No fee.
     or an international agency of which the United
     States is a member if the documents are for
     official noncommercial use [48--Documents
     Exempt].
    (e) At the direct request of a foreign government  No fee.
     official when appropriate or as a reciprocal
     courtesy [48--Documents Exempt].
    (f) At the request of direct hire U.S. Government  No fee.
     personnel, Peace Corps volunteers, or their
     dependents stationed or traveling officially in
     a foreign country [48--Documents Exempt].
    (g) With respect to documents whose production is  No fee.
     ordered by a court of competent jurisdiction
     [48--Documents Exempt].
    (h) With respect to affidavits of support for      No fee.
     immigrant visa applications [48--Documents
     Exempt].
    (i) With respect to endorsing U.S. Savings Bonds   No fee.
     Certificates [48--Documents Exempt].
(Item no. 46 through 50 vacant)
 
             Judicial Assistance Services
 
51. Processing letters rogatory and Foreign Sovereign  $735.
 Immunities Act (FSIA) judicial assistance cases,
 including providing seal and certificate for return
 of letters rogatory executed by foreign officials:
 [51--Letters Rogatory]
[52--FSIA]...........................................  $735.
52. Taking depositions or executing commissions to
 take testimony:
    (a) Scheduling/arranging appointments for          $475.
     depositions, including depositions by video
     teleconference (per daily appointment) [53--
     Arrange Depo].
    (b) Attending or taking depositions, or executing  $265 per hour plus expenses.
     commissions to take testimony (per hour or part
     thereof) [54--Depose/Hourly].
    (c) Swearing in witnesses for telephone            $265.
     depositions [55--Telephone Oath].
    (d) Supervising telephone depositions (per hour    $265 per hour plus expenses.
     or part thereof over the first hour) [56--
     Supervise Tel Depo].
    (e) Providing seal and certification of            $70.
     depositions [57--Deposition Cert].
53. Exemptions: Deposition or executing commissions
 to take testimony. Fees will not be charged when the
 service is performed:
    (a) At the direct request of any federal           No fee.
     government agency, any state or local
     government, the District of Columbia, or any of
     the territories or possessions of the United
     States (unless significant time required and/or
     expenses would be incurred) [58--Judicial
     Exempt].
    (b) 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 [59--Indigent Test].
(Item no. 54 through 60 vacant)
 
       Services Relating to Vessels and Seamen
 
61. Shipping and Seaman's services: Including but not  Consular time (Item 75) plus expenses.
 limited to, recording a bill of sale of a vessel
 purchased abroad, renewal of a marine radio license,
 and issuance of certificate of American ownership
 [61--Shipping Bill of Sale].
[62--Shipping Radio Lisc]............................  Consular time (Item 75) plus expenses.
[63--Shipping Cert AM Own]...........................  Consular time (Item 75) plus expenses.
[64--Shipping Misc]..................................  Consular time (Item 75) plus expenses.
(Item no. 62 through 70 vacant)
 
               Administrative Services
 
71. Non-emergency telephone calls [70--Toll Call       Long distance charge plus.
 Cost].

[[Page 42919]]

 
[71--Toll Cost Surcharge]............................  $10.
72. Setting up and maintaining a trust account: For    $30.
 one year or less to transfer funds to or for the
 benefit of a U.S. citizen in need in a foreign
 country [73--OCS Trust].
73. Transportation charges incurred in the             Expenses incurred.
 performance of fee and no-fee services when
 appropriate and necessary [74--Transportation].
74. Return check processing fee [75--Return Check]...  $25.
75. Consular time charges: As required by this         $265.
 schedule and for fee services performed away from
 the office or during after-duty hours (per hour or
 part thereof/per consular employee) [76--Consular
 Time].
76. Photocopies (per page) [77--Photocopy]...........  $1.
(Item no. 77 through 80 vacant)
----------------------------------------------------------------------------------------------------------------


    Dated: July 7, 2004.
Grant S. Green,
Under Secretary of State for Management, Department of State.
[FR Doc. 04-16363 Filed 7-16-04; 8:45 am]
BILLING CODE 4710-06-P