[Federal Register Volume 69, Number 170 (Thursday, September 2, 2004)]
[Rules and Regulations]
[Pages 53618-53619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20043]


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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 4809]
RIN 1400-AB95


Schedule of Fees for Consular Services; Exemption From the 
Nonimmigrant Visa Application Processing Fee for Family Members of 
Individuals Killed or Critically Injured While Serving the United 
States

AGENCY: State Department.

ACTION: Interim rule.

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SUMMARY: This rule amends the Schedule of Fees for Consular Services 
(``Schedule of Fees'' or ``Schedule'') to include an exemption from the 
nonimmigrant visa application processing fee for family members 
traveling to the United States for the funeral or burial of a U.S. 
Government employee killed in the line of duty or to visit a U.S. 
Government employee critically injured in the line of duty.

DATES: Implementation Date: This interim rule is effective September 2, 
2004. Interested parties are invited to submit written comments by 
September 24, 2004.

ADDRESSES: Comments may be submitted in writing to the Office of the 
Executive Director, Bureau of Consular Affairs, Department of State, 
Suite H1004, 2401 E Street NW., Washington, DC 20520. Comments may also 
be forwarded via e-mail to [email protected]. In addition, this document 
may 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

    This rule amends the Schedule of Fees for Consular Services, 22 CFR 
22.1, effective immediately. In addition, the amendment made by this 
rule will be incorporated into the proposed Schedule of Fees published 
as a proposed rule for comment in the Federal Register (Public Notice 
4765) on July 19, 2004. See 69 FR 42913-42919.
    Consular officers are required by law to charge fees as established 
in the Schedule of Fees for Consular Services, and they may not grant 
exemptions from fees set forth in the Schedule except as specifically 
authorized in the Schedule. The Schedule includes nonimmigrant visa 
reciprocity fees established pursuant to Section 281 of the Immigration 
and Nationality Act (8 U.S.C. 1351), and a nonimmigrant visa 
application processing fee, commonly known as the ``machine readable 
visa'' or ``MRV'' fee, which generally recovers from the visa applicant 
the full cost of processing the visa application on the assumption that 
in most cases nonimmigrant visa services are provided primarily for the 
benefit of the individual applicant. Current exemptions from the MRV 
fee exist only for applicants for A, G, C-3, NATO, and diplomatic 
visas; applicants for J visas participating in U.S. Government-
sponsored exchanges; persons who need replacement visas when the 
original visa was not properly affixed or needs to be reissued through 
no fault of the applicant; applicants traveling to provide charitable 
services as determined by the Department of State; and U.S. Government 
employees traveling on official business.

[[Page 53619]]

    The new exemption from the nonimmigrant visa application processing 
(MRV) fee will provide a waiver of the fee for an applicant who is an 
immediate family member of a U.S. Government employee killed in the 
line of duty and who is traveling to attend the employee's funeral and/
or burial. The new exemption will also be applicable to a family member 
visiting a U.S. Government employee who has been critically injured in 
the line of duty during the period of emergency treatment and 
convalescence. The exemption will extend to a surviving parent, 
sibling, spouse, son, or daughter of the deceased or injured U.S. 
Government employee. This exemption appropriately shifts the cost of 
visa processing in such cases to the general public because it is in 
the national interest to assist close non-U.S. citizen relatives of 
U.S. Government employees killed or critically injured in the line of 
duty traveling to the United States for funeral and/or burial events or 
for visitation during emergency treatment and convalescence.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as an interim rule effective 
upon publication under the good cause authorities of 5 U.S.C. 553(b)(B) 
and (d)(3) and the exemption provision of 5 U.S.C. 553 (d)(1).

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). Adding the exemption will have no economic impact on 
such entities.

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, 2 
U.S.C. 1501 et seq.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 801-808, which 
constitute the Congressional Review portion (Subtitle E) of the Small 
Business Regulatory Enforcement Act of 1996. This rule will not result 
in an 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.

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 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 subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 22

    Consular services, Fees, Schedule of fees for Consular Services, 
Passports, Visas.

0
For the reasons set forth in the preamble, part 22 of title 22 of the 
Code of Federal Regulations is amended as follows:

PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF 
STATE AND FOREIGN SERVICE

0
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.


0
2. Section 22.1 is amended in item 22 of the table by adding paragraph 
(g) to read as follows:


Sec.  22.1  Schedule of fees.

* * * * *

Schedule of Fees for Consular Services

Item No. Fee

* * * * *
0
22. * * *
    (g) A parent, sibling, spouse, or child of a U.S. Government 
employee killed in the line of duty who is traveling to attend the 
employee's funeral and/or burial; or a parent, sibling, spouse, son, or 
daughter of a U.S. Government employee critically injured in the line 
of duty for visitation during emergency treatment and convalescence. 
[24-MRV EXEMPT] * * * NO FEE
* * * * *

    August 23, 2004.
Grant Green, Jr.,
Under Secretary of State for Management, Department of State.
[FR Doc. 04-20043 Filed 9-1-04; 8:45 am]
BILLING CODE 4710-06-P