[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Rules and Regulations]
[Pages 31614-31616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12417]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice: 11195]
RIN 1400-AF15


Schedule of Fees for Consular Services--Fee Change for Certain 
Border Crossing Cards

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of State amends the Schedule of Fees for 
Consular Services (Schedule) for visa fees. More specifically, the rule 
amends

[[Page 31615]]

the Border Crossing Card fee paid by a Mexican citizen under age 15 
whose parent or guardian has or is applying for a border crossing card 
(the ``reduced Border Crossing Card fee''). The Department is 
decreasing this fee in light of the expiration of the authority 
provided by the Emergency Afghan Allies Extension Act of 2014, which 
imposed a temporary $1 surcharge on the fees for Machine Readable Visa 
(MRV) and Border Crossing Card (BCC) application processing, to be 
deposited into the general fund of the Treasury. This provision 
required the Department of State to start collecting this surcharge on 
January 1, 2015, and it expired five and a half years after the first 
date on which the surcharge was collected, on June 30, 2020. The 
Department must reduce the reduced Border Crossing Card fee by $1, for 
a total fee of $15, to continue to collect the legislatively required 
fee amount of $13 and all remaining applicable surcharges.

DATES: This rule is effective on June 15, 2021.

FOR FURTHER INFORMATION CONTACT: Rob Schlicht, Management Analyst, 
Office of the Comptroller, Bureau of Consular Affairs, Department of 
State; phone: 202-485-6681, telefax: 202-485-6826; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    This final rule makes changes to the Schedule of Fees for Consular 
Services of the Department of State's Bureau of Consular Affairs. The 
Department sets and collects its fees based on the concept of full cost 
recovery, but some fees are set by statute. The Department of State is 
adjusting the reduced Border Crossing Card fee in light of the 
expiration of the authority provided by the Emergency Afghan Allies 
Extension Act of 2014, section 2, Public Law 113-160 (``the Act''), 
which imposed a temporary $1 surcharge on fees for MRV and BCC 
application processing.

What is the authority for this action?

    The Department of State derives the general authority to set fees 
based on the cost of the consular services it provides, and to charge 
those fees, from the general user charges statute, 31 U.S.C. 9701. See, 
e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency . . . may 
prescribe regulations establishing the charge for a service or thing of 
value provided by the agency . . . based on . . . the costs to the 
government.''). As implemented through Executive Order 10718 of June 
27, 1957, 22 U.S.C. 4219 further authorizes the Department to establish 
fees to be charged for official services provided by U.S. embassies and 
consulates. Other authorities allow the Department to charge fees for 
consular services, but not to determine the amount of such fees, as the 
amount is statutorily determined.
    The Department of State is required by law to collect a Border 
Crossing Card application processing fee for a Mexican citizen under 
age 15 whose parent or guardian has or is applying for a border 
crossing card. Public Law 105-277, Div. A, Sec. 101(b), 112 Stat. 2681-
50, 1681-102. That fee is set by statute at $13. Additional statutes 
imposed surcharges that previously brought the fee to a total of $16. 
The Department is reducing the Border Crossing Card application 
processing fee for these Mexican citizen minors by $1 to $15 to reflect 
the expiration of the authority provided by the Act, which imposed a 
temporary $1 surcharge on fees for MRV and BCC application processing.

Why is this BCC fee $15 instead of $13?

    In addition to the statutory $13 fee for BCCs for these Mexican 
citizen minors, Public Law 110-293, Title V, Sec. 501, 122 Stat. 2968, 
reproduced at 8 U.S.C. 1351 (note) requires the Secretary of State to 
collect a $2 surcharge (the ``HIV/AIDS/TB/Malaria surcharge'') on all 
MRVs and BCCs as part of the application processing fee; this surcharge 
must be deposited into the Treasury and goes to support programs to 
combat HIV/AIDS, tuberculosis, and malaria.
    Since the authority provided by the Act to collect an additional $1 
surcharge on fees for MRV and BCC application processing expired on 
June 30, 2020, the Department has already administratively adjusted the 
reduced Border Crossing Card fee to reflect the expiration of this 
authority. This rulemaking adjusts the Schedule of Fees (22 CFR 22.1) 
accordingly.

Regulatory Findings

Administrative Procedure Act
    The Department is publishing this rule as a final rule, with an 
effective date less than 30 days from the date of publication, based on 
the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). The APA permits a final rule to become effective fewer than 
30 days after the publication if the issuing agency finds good cause. 5 
U.S.C. 553(d)(3).
    The Department finds that good cause exists to forego notice and 
comment and establish an early effective date for this rulemaking 
because the authority provided by the Act to collect a temporary $1 
surcharge on fees for MRV and BCC application processing, expired on 
June 30, 2020, thereby eliminating any potential agency discretion with 
respect to this surcharge and rendering notice and comment unnecessary 
and impracticable.
Regulatory Flexibility Act
    Since this rulemaking is exempt from notice and comment, the 
Regulatory Flexibility Act does not apply. However, the Department has 
nonetheless reviewed this rule and, by approving it, certifies that it 
will not have a significant economic impact on a substantial number of 
small entities as defined in 5 U.S.C. 601(6). This rule decreases the 
Border Crossing Card application processing fee for certain Mexican 
citizen minors.
Unfunded Mandates 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. 1501-1504.
Congressional Review Act
    This rule is not a major rule as defined by 5 U.S.C. 804(2).
Executive Orders 12866 and 13563
    The Department has reviewed this rule to ensure its consistency 
with the regulatory philosophy and principles set forth in the 
Executive Orders. This rule is necessary in light of expiration of the 
authority provided by the Emergency Afghan Allies Extension Act of 
2014, which imposed a temporary $1 surcharge on fees for MRV and BCC 
application processing. As a result, the reduced Border Crossing Card 
fee will be reduced by $1 from $16 to $15.
    Details of the fee changes are as follows:

[[Page 31616]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Estimated       Estimated
                                                                                                            Percentage       number of       change in
                Item No.                        Fee          Unit cost      Current fee    Change in fee     increase      applications     annual fees
                                                                                                                           affected \1\    collected \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         SCHEDULE OF FEES FOR CONSULAR SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NONIMMIGRANT VISA SERVICES
--------------------------------------------------------------------------------------------------------------------------------------------------------
21. Nonimmigrant Visa Application and
 Border Crossing Card Processing Fees
 (per person):
    (f) Border crossing card--under age              $15           (\3\)             $16              $1           -6.25         200,846      ($200,846)
     15; for Mexican citizens if parent
     or guardian has or is applying for
     a border crossing card (valid 10
     years or until the applicant
     reaches age 15; whichever is
     sooner)............................
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Based on FY 2019 workload.
\2\ Using FY 2019 workload to generate collections. This will be a reduction in total annual remittance to Treasury.
\3\ The fee for Border Crossing Card applications by minors is statutorily set at $13.

Executive Order 13771
    This regulation is not an E.O. 13771 regulatory action because it 
is not a significant rulemaking under E.O. 12866.
Executive Orders 12372 and 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 require consultations, nor does 
it warrant the preparation of a federalism summary impact statement. 
The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on federal programs and activities do 
not apply to this regulation.
Executive Order 13175
    The Department has determined that this rulemaking will not have 
tribal implications, will not impose substantial direct compliance 
costs on Indian tribal governments, and will not preempt tribal law. 
Accordingly, the requirements of Executive Order 13175 do not apply to 
this rulemaking.
Paperwork Reduction Act
    This rule does not create or revise any reporting or record-keeping 
requirements.

List of Subjects in 22 CFR Part 22

    Consular services, Fees.

    Accordingly, for the reasons stated in the preamble, 22 CFR part 22 
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. 1101 note, 1153 note, 1157 note, 1183a note, 
1184(c)(12), 1201(c), 1351, 1351 note, 1713, 1714, 1714 note; 10 
U.S.C. 2602(c); 22 U.S.C. 214, 214 note, 1475e, 2504(h), 2651a, 
4206, 4215, 4219, 6551; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632 
(1957); E.O. 11295, 31 FR 10603 (1966).


0
2. In Sec.  22.1, amend the table by revising entry 21(f) under the 
heading ``Nonimmigrant Visa Services'' to read as follows:


Sec.  22.1  Schedule of fees.

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

                 Schedule of Fees for Consular Services
------------------------------------------------------------------------
                        Item No.                                Fee
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                       NONIMMIGRANT VISA SERVICES
------------------------------------------------------------------------
 
                              * * * * * * *
21. * * *
 
    (f) Border crossing card--under age 15; for Mexican              $15
     citizens if parent or guardian has or is applying
     for a border crossing card (valid 10 years or until
     the applicant reaches age 15, whichever is sooner).
 
                              * * * * * * *
------------------------------------------------------------------------


Ian Brownlee,
Acting Assistant Secretary of State for Consular Affairs Department of 
State.
[FR Doc. 2021-12417 Filed 6-14-21; 8:45 am]
BILLING CODE 4710-06-P