Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates, 5372-5377 [05-1930]
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5372
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
1.5 miles each side of the Vichy VOR/DME
067° radial extending from the 6.6-mile
radius of the airport to 7 miles northeast of
the VOR/DME.
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Issued in Kansas City, MO, on January 18,
2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–1920 Filed 2–1–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 4984]
RIN 1400–AB94; 1400–AB95
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates
State Department.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule adopts as final the
Department of State’s proposed rule to
revise the Schedule of Fees for Consular
Services (‘‘Schedule of Fees’’ or
‘‘Schedule’’), with four changes, one
incorporating and finalizing an already
effective additional exemption to the
MRV fee and the others adding three
new fees authorized by the Consolidated
Appropriations Act, 2005 (Pub. L. 108–
447). None of these changes are being
made in response to public comments.
Only one comment was received during
the period for public comment, but the
Department has decided that the
comment does not warrant any changes
in the proposed rule. The additional
exemption being added to the Schedule
simply incorporates and finalizes an
exemption that has been in effect during
the comment period on the revised
Schedule as a result of an Interim Rule
issued pursuant to a separate but related
rulemaking. No comments on the
additional exemption were received
during the comment period for that
rulemaking. The three new fees are
being added because they were
established by legislation enacted after
the comment period for this rulemaking
closed. The addition of these fees does
not require public comment. The
proposed rule, modified only to
incorporate the new exemption and the
new legislatively established fees, is
therefore adopted as final.
EFFECTIVE DATE: This rule is effective
March 8, 2005.
FOR FURTHER INFORMATION CONTACT:
Phillip Min, Office of the Executive
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Director, Bureau of Consular Affairs,
fax: 202–663–2499; e-mail:
fees@state.gov.
The
Department published a proposed rule
in the Federal Register at 69 FR 42913–
42919 on July 19, 2004 (Public Notice
4765, RIN 1400–AB94), proposing to
amend sections of part 22 of Title 22 of
the Code of Federal Regulations.
Specifically, the rule proposed changes
to the Schedule of Fees for Consular
Services, including seven increases and
two decreases. The Department’s
proposed rule solicited comments, and
one general comment sent by e-mail was
received. The comment, dated July 19,
2004, criticized all consular fees as still
being too low.
After publication of the
aforementioned proposed rule, the
Department also published a separate
but related interim rule in the Federal
Register at 69 FR 53618–53619 on
September 2, 2004 (Public Notice 4809,
RIN 1400–AB95), amending the
Schedule of Fees for Consular Services
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. The
amendment became effective upon
publication on September 2, 2004.
Interested parties were invited to submit
written comments by September 24,
2004. No comments were received. The
exemption added to the existing
Schedule of Fees by the amendment is
finalized and carried forward in the
Schedule of Fees for Consular Services
as published in this final rule.
As explained when the revised
Schedule of Fees was published as a
proposed rule, 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. Other fees are
established pursuant to more specific
statutory authorities, some of which
provide for full or partial exemptions.
With the exception of nonimmigrant
visa reciprocity fees, which are
established based on the practices of
other countries, and fees that are
established at amounts specified by
statute, all consular fees are established
on a basis of cost recovery and in a
manner consistent with general user
SUPPLEMENTARY INFORMATION:
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charges principles, regardless of the
specific statutory authority under which
they are promulgated. 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, and it was as a result of such a
review that the amendments to the
Schedule of Fees were proposed. 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, a flat service fee was adopted.
In other situations where services are
provided infrequently, the consular
hourly rate was made the basis of the
fee. 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 through appropriations.
(Detailed information concerning the
methodology of the study is available
from the Bureau of Consular Affairs.)
Based on this effort and subsequent
analysis, the Department proposed
adjustments to the Schedule of Fees,
including the fee to search Department
of State files to verify an applicant’s
U.S. citizenship (from $45 to $60); the
Diversity Visa (DV) Lottery surcharge for
a diversity immigrant visa application
(from $100 to $375); the Affidavit of
Support Review fee (from $65 to $70);
the fee for determining returning
resident status (from $360 to $400); 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 fee for waiver of the two-year
return residency requirement (from
$230 to $215); the fees for processing
Letters Rogatory and Foreign Sovereign
Immunities Act (FSIA) judicial
assistance cases (from $650 to $735);
and the fee for consular time (from $235
to $265).
In addition, the fee for loan
processing was combined with the fee
for assistance regarding the welfare and
whereabouts of a U.S. citizen, including
child custody inquiries. This is a purely
technical change in the Schedule.
Significantly, Division B, Title IV
(Diplomatic and Consular Programs
appropriation) of the Consolidated
Appropriations Act, 2005 (Public Law
108–447), authorized two new fees
while section 426 of Division J, title IV
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(Visa Reform) of the same Act
authorized a third. In each of these three
cases, the amount of each fee was also
specified. These three fees are
incorporated in the Schedule as new
items 8 (a passport surcharge of $12 to
enhance the security of the passport
document), 25 (a fraud prevention and
detection fee of $500 for H–1B and L
visa applicants), and 36 (an immigrant
visa surcharge of $45 to enhance the
security of the immigrant visa).
Analysis of Comments
As noted, the proposed rule (Public
Notice 4765 at 69 FR 42913–42919) was
published for comments on July 19,
2004. During the comment period,
which closed August 18, 2004, the
Department received only one comment,
which criticized all consular fees as still
being too low. The commenter said that
the Department should increase all of
the fees rather than provide below-cost
services to non-U.S. citizens. In many
cases, of course, the fees are in fact paid
by U.S. citizens for services to U.S.
citizens. Leaving that aside, in virtually
all cases the fees result in full cost
recovery either by (1) setting the fee for
the specific service at full cost; (2)
recovering the cost of a service through
both the fee for the specific service and
a fee for a related service (e.g., the
passport fee recovers costs of certain
overseas citizens services for which
there is no specific, separate fee or for
which the separate fee is set below cost);
or (3) by shifting the cost of a service to
other users, when specifically
authorized by the statute. A few fees
(such as the fee for a nonimmigrant visa
application, the fee for refugee parole,
the fee for documentary services, and
the fee for scheduling depositions) are
set below actual cost; in each of these
cases, the Department has determined
that it is in the public interest to recover
the difference from U.S. Government
appropriations so as not to make these
particular services prohibitively
expensive for the public, and/or because
there is a public as well as private
benefit from performance of the service.
Regulatory Findings
Administrative Procedure Act
On July 19, 2004, the Department
published a proposed rule
comprehensively amending its Schedule
of Fees and providing a 30-day period
for public comments (69 FR 42913–
42919, Public Notice 4765, RIN 1400–
AB94). Subsequently, it published an
interim rule in the Federal Register (69
FR 53618–53619, Public Notice 4809,
RIN 1400–AB95) that amended the
existing Schedule of Fees effective
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immediately only to include as Item
Number 22 (g) 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 critically
injured in the line of duty. The change
made by that interim rule, which
became effective upon publication on
September 2, 2004, is thus now part of
the Schedule of Fees being
comprehensively amended, and the
exemption is carried forward and
included as final in the Schedule of
Fees for Consular Services, as published
in this Final Rule.
The Consolidated Appropriations Act,
2005, signed into law by the President
on December 8, 2004, authorized three
new fees and specified the amount of
each. These are included in the
Schedule below in Items 8, 25, and 36.
Item 8, a new $12 passport surcharge,
applies to all applicants except those
who are exempt from passport fees per
item 4 of the Schedule. The surcharge
is designed to recover the costs of
consular services in support of
enhanced border security that are in
addition to those covered by the
passport fees in effect on January 1,
2004. This fee is specifically authorized
by Division B, Title IV (Diplomatic and
Consular Programs appropriation). Item
25 is a fraud prevention and detection
fee of $500. The fee has both a domestic
and an overseas component. Abroad, the
State Department, through its consuls,
will collect the fee from a principal
applicant for an ‘‘L’’ nonimmigrant visa
who is covered under a blanket petition
as provided for in section 214(c)(2) (A)
of the Immigration and Nationality Act
(INA). This fee is specifically authorized
by subsections 214(c)(12)(B) and (C) of
the INA as amended by section 426 of
Division J, title IV (Visa Reform). Unlike
the other two fees, it will take effect for
nonimmigrant visa applications filed on
or after ninety days from enactment of
the Consolidated Appropriations Act—
i.e., on or after March 8, 2005 (90 days
from Dec. 8, 2004), in accordance with
section 426(c). Item 36, a new $45
immigrant visa surcharge, applies to all
applicants for immigrant visas,
including Diversity Visas. The surcharge
was added to recover costs of consular
services in support of enhanced border
security that are in addition to those
covered by the immigrant visa fees in
effect on January 1, 2004. This fee is
specifically authorized by Division B,
Title IV (Diplomatic and Consular
Programs appropriation). Since these
three new fees have been statutorily
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5373
authorized and the amounts are
statutorily established, the Department
for good cause pursuant to 5 U.S.C.
553(b)(B) finds that public comment on
the fees is unnecessary.
The final rule will be effective March
8, 2005, in accordance with 5 U.S.C.
553(d). All changes in the Department’s
existing fees will take effect at that time.
Regulatory Flexibility Act/Executive
Order 13272: Small Business
The changes made by this regulation
are hereby certified as not expected to
have a significant economic impact on
a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act (5 U.S.C. 601–612) and
section 3(b) of Executive Order 13272
(Proper Consideration of Small Entities
in Agency Rulemaking).
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 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Act of 1996 (5
U.S.C. 801–808). 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 foreignbased companies in domestic and
export markets.
Executive Order 12866: Regulatory
Review
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
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
Order. In addition, OMB has been
provided with a copy of the proposed
regulation.
distribution of power and
responsibilities among the various
levels of government. Nor would the
regulation have federalism implications
warranting the application of Executive
Orders 12372 and 13132.
Executive Order 12988: Civil Justice
Reform
PART 22—[AMENDED]
1. The authority citation for part 22 is
revised to read as follows:
I
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.;
Pub. L. 108–447, 118 Stat. 2809 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.
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.
Paperwork Reduction Act
Executive Orders 12372 and 13132:
Federalism
List of Subjects in 22 CFR Part 22
I
Consular services, Fees, Schedule of
fees for consular services, Passports and
visas.
§ 22.1
This regulation will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
This rule does not impose any new
reporting or record-keeping
requirements subject to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
Accordingly, an amendment to part 22
is amended as follows:
I
2. Section 22.1 is revised to read as
follows:
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 applicants and others who must apply in person [01-Passport Execution]
2. Passport Application Services for:
(a) Applicants age 16 or over (including renewals) [02-Adult Passport] .......................................................................
(b) Applicants under age 16 [03-Minor Passport] ..........................................................................................................
(c) Passport amendments (extension of validity, name change, etc.) [04-Amendment] ...............................................
3. Expedited service: Three-day processing and/or in-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 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 connection with their duties aboard an American flag vessel (22
U.S.C. 214) [05-Passport Exempt].
(c) Widows, children, parents, or siblings of 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 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 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].
6. File search and verification of U.S. citizenship: 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 Citizen of the United States [08-Report Birth Abroad] .................................
8. Passport security surcharge [09-Passport Surcharge] ......................................................................................................
Items nos. 9 through 10 vacant)
$30.
55.
40.
No fee.
60.
No fee.
No fee.
No fee.
No fee.
No fee.
60.
65.
12.
Overseas Citizens Services
Arrests, Welfare and Whereabouts, and Related Services
11. Arrest and prison visits ....................................................................................................................................................
12. Assistance regarding the welfare and whereabouts of a U.S. citizen, including child custody inquiries and processing of repatriation and emergency dietary assistance loans.
(Item no. 13 vacant)
No fee.
No fee.
Death and Estate Services
14. Assistance to next-of-kin:
(a) After the death of a U.S. citizen abroad (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).
(b) Making arrangements for a deceased non-U.S. 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 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 an inventory under an official seal (unless significant time and/or
expenses incurred).
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No fee.
Consular Time (Item
75) Plus Expenses.
60.
No fee.
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SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued
Item No.
Fee
(b) Overseeing the appraisal, sale, and final 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 significant time and/or expenses are incurred [13-Estate Costs] ............
No fee.
Consular Time (Item
75) and/or Expenses.
(Items nos. 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] ................................................................................................................
(b) Border crossing card—10 year (age 15 and over) [22–BCC 10 Year] ....................................................................
(c) Border crossing card—5 year (under age 15). 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 visas as defined in 22 CFR 41.26 [24–MRV Exempt] ................
(b) Applicants for J visas participating in official U.S. Government-sponsored educational and cultural exchanges
[24–MRV Exempt].
(c) Replacement machine-readable visa when the 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 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 services as determined by the Department [24–MRV Exempt] .............
(f) U.S. Government employees traveling on official business [24–MRV Exempt] .......................................................
(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].
23. Nonimmigrant visa issuance fee, including border-crossing cards [25–NIV Issuance Reciprocal] ................................
24. Exemptions from nonimmigrant visa issuance fee:
(a) An official representative of a foreign 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 United Nations Headquarters [26–NIV Issuance Exempt] ........................
(c) An applicant participating in a U.S. Government-sponsored program [26–NIV Issuance Exempt] .........................
(d) An applicant traveling to provide charitable services as determined by the Department [26–NIV Issuance Exempt].
25. Fraud Prevention and Detection Fee for Visa applicant included in L blanket petition (principal applicant only) [27–
NIV Adjudication, Blanket L].
(Items nos. 26 through 30 vacant)
100.
100.
13.
No fee.
No fee.
No fee.
No fee.
No fee.
No fee.
No fee.
Reciprocal.
No fee.
No fee.
No fee.
No fee.
500.
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 for issuance of immigrant visa [81–USCIS I–130 Petition] ...................
(b) Petition to classify orphan as an immediate relative [82–USCIS I–600 Petition] ....................................................
32. Immigrant visa application processing fee (per person) [31–IV Application] ..................................................................
33. Diversity Visa Lottery surcharge for lottery 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 reviewed domestically) ........................................................................
35. Special visa services:
(a) Determining Returning Resident Status [33-Returning Resident] ............................................................................
(b) Transportation letter for Legal Permanent Residents of U.S. [34–LPR Transportation Letter] ...............................
(c) Waiver of 2-year residency requirement [J Waiver] .................................................................................................
(d) Waiver of immigrant visa ineligibility (collected for the Bureau of U.S. Citizenship and Immigration Services)
[83–IV Waiver].
(e) Refugee or significant public benefit parole case processing [35-Refugee/Parole] .................................................
(f) U.S. visa fingerprinting [36-Fingerprints] ...................................................................................................................
36. Immigrant visa security surcharge [37–IV Surcharge] ....................................................................................................
(Items nos. 37 through 40 vacant)
185.
525.
335.
375.
70.
400.
165.
215.
250.
No fee.
85.
45.
Documentary Services
41. Providing notarial service:
(a) First service (seal) [41-Notarial] ................................................................................................................................
(b) Each additional seal provided at the same time in connection with the same transaction [42-Additional Notarial]
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] ...................................................................................................................................
(b) Each additional copy provided at the same time [44-Additional Copy] ....................................................................
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30.
20.
30.
20.
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SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued
Item No.
Fee
43. Provision of documents, certified copies of documents, and other certifications by the Department of State (domestic):
(a) Documents relating to births, marriages, and deaths of U.S. citizens abroad originally issued by a U.S. Embassy or Consulate.
(b) Issuance of Replacement Report of Birth Abroad ....................................................................................................
(c) Certified copies of documents relating to 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 from an official passport record ...........................................................
(e) Certifying that no record of an official file can be located [45-Brth/Mar/Death/No Record] .....................................
(f) Each additional copy provided at same time [46-Additional Cert] ............................................................................
44. Authentications (by posts abroad):
(a) Authenticating a foreign notary or other foreign official seal or signature ...............................................................
(b) Authenticating a U.S. Federal, State, or territorial seal ............................................................................................
(c) Certifying to the official status of an 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] ...................................................................................................................
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 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) [48Documents Exempt].
(b) With respect to documents to be presented by 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 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 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 official when appropriate or as a reciprocal courtesy [48-Documents Exempt].
(f) At the request of direct hire U.S. Government 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 ordered by a court of competent jurisdiction [48-Documents Exempt].
(h) With respect to affidavits of support for immigrant visa applications [48-Documents Exempt] ...............................
(i) With respect to endorsing U.S. Savings Bonds Certificates [48-Documents Exempt] .............................................
(Items nos. 46 through 50 vacant)
30.
30.
30.
30.
30.
20.
30.
30.
30.
30.
No fee.
No fee.
No fee.
No fee.
No fee.
No fee.
No fee.
No fee.
No fee.
Judicial Assistance Services
51. Processing letters rogatory and Foreign Sovereign 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] ........................................................................................................................................................................
52. Taking depositions or executing commissions to take testimony:
(a) Scheduling/arranging appointments for depositions, including depositions by video teleconference (per daily appointment) [53-Arrange Depo].
(b) Attending or taking depositions, or executing commissions to take testimony (per hour or part thereof) [54-Depose/Hourly].
(c) Swearing in witnesses for telephone depositions [55-Telephone Oath] ..................................................................
(d) Supervising telephone depositions (per hour or part thereof over the first hour) [56-Supervise Tel Depo] ............
(e) Providing seal and certification of 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 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 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].
(Items nos. 54 through 60 vacant)
735.
735.
475.
265 Per Hour Plus Expenses.
265.
265 Per Hour Plus Expenses.
70.
No fee.
No fee.
Services Relating to Vessels and Seamen
61. Shipping and Seaman’s services: Including but not 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 Consular Radio LISC] ...............................................................................................................................
[63-Shipping Cert AM Own] ............................................................................................................................................
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02FER1
Consular Time (Item
75) Plus Expenses.
Time (Item 75) Plus
Expenses.
Consular Time (Item
75) Plus Expenses.
5377
Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Rules and Regulations
SCHEDULE OF FEES FOR CONSULAR SERVICES—Continued
Item No.
Fee
[64-Shipping Misc] ..........................................................................................................................................................
Consular Time (Item
75) Plus Expenses.
(Items nos. 62 through 70 vacant)
Administrative Services
71. Non-emergency telephone calls [70-Toll Call Cost] [71-Toll Cost Surcharge] ...............................................................
72. Setting up and maintaining a trust account: For one year or less to transfer funds to or for the benefit of a U.S. citizen in need in a foreign country [72–OCS Trust].
73. Transportation charges incurred in the performance of fee and no-fee services when appropriate and necessary
[73-Transportation].
74. Return check processing fee [74-Return Check] ............................................................................................................
75. Consular time charges: As required by this schedule and for fee services performed away from the office or during
after-duty hours (per hour or part thereof/per consular employee) [75-Consular Time].
76. Photocopies (per page) [76-Photocopy] ..........................................................................................................................
(Items nos. 77 through 80 vacant)
Dated: January 14, 2005.
Grant S. Green,
Under Secretary for Management,
Department of State.
[FR Doc. 05–1930 Filed 2–1–05; 8:45 am]
BILLING CODE 4710–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R07–OAR–2004–MO–0005; FRL–7867–2]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Missouri. This
approval pertains to revisions to the
State’s rule which add vapor line
requirements necessary to achieve Stage
I vapor recovery for air quality benefits.
The effect of this approval is to ensure
Federal enforceability of the State air
program rules and to maintain
consistency between the State-adopted
rules and the approved SIP.
DATES: This direct final rule will be
effective April 4, 2005, without further
notice, unless EPA receives adverse
comment by March 4, 2005. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R07–OAR–
ADDRESSES:
VerDate jul<14>2003
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2004–MO–0005, by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search;’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: algoe-eakin.amy@epa.gov.
4. Mail: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
5. Hand Delivery or Courier. Deliver
your comments to Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
RME ID No. R07–OAR–2004–MO–0005.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the Federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
PO 00000
Frm 00029
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Long Distance Charge
Plus $10.
30.
Expenses Incurred.
25.
265.
1.
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in RME or
in hard copy at the Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The
Regional Office’s official hours of
business are Monday through Friday, 8
to 4:30, excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
E:\FR\FM\02FER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Rules and Regulations]
[Pages 5372-5377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1930]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 4984]
RIN 1400-AB94; 1400-AB95
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adopts as final the Department of State's proposed
rule to revise the Schedule of Fees for Consular Services (``Schedule
of Fees'' or ``Schedule''), with four changes, one incorporating and
finalizing an already effective additional exemption to the MRV fee and
the others adding three new fees authorized by the Consolidated
Appropriations Act, 2005 (Pub. L. 108-447). None of these changes are
being made in response to public comments. Only one comment was
received during the period for public comment, but the Department has
decided that the comment does not warrant any changes in the proposed
rule. The additional exemption being added to the Schedule simply
incorporates and finalizes an exemption that has been in effect during
the comment period on the revised Schedule as a result of an Interim
Rule issued pursuant to a separate but related rulemaking. No comments
on the additional exemption were received during the comment period for
that rulemaking. The three new fees are being added because they were
established by legislation enacted after the comment period for this
rulemaking closed. The addition of these fees does not require public
comment. The proposed rule, modified only to incorporate the new
exemption and the new legislatively established fees, is therefore
adopted as final.
EFFECTIVE DATE: This rule is effective March 8, 2005.
FOR FURTHER INFORMATION CONTACT: Phillip Min, Office of the Executive
Director, Bureau of Consular Affairs, fax: 202-663-2499; e-mail:
fees@state.gov.
SUPPLEMENTARY INFORMATION: The Department published a proposed rule in
the Federal Register at 69 FR 42913-42919 on July 19, 2004 (Public
Notice 4765, RIN 1400-AB94), proposing to amend sections of part 22 of
Title 22 of the Code of Federal Regulations. Specifically, the rule
proposed changes to the Schedule of Fees for Consular Services,
including seven increases and two decreases. The Department's proposed
rule solicited comments, and one general comment sent by e-mail was
received. The comment, dated July 19, 2004, criticized all consular
fees as still being too low.
After publication of the aforementioned proposed rule, the
Department also published a separate but related interim rule in the
Federal Register at 69 FR 53618-53619 on September 2, 2004 (Public
Notice 4809, RIN 1400-AB95), amending the Schedule of Fees for Consular
Services 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. The amendment became effective upon publication on
September 2, 2004. Interested parties were invited to submit written
comments by September 24, 2004. No comments were received. The
exemption added to the existing Schedule of Fees by the amendment is
finalized and carried forward in the Schedule of Fees for Consular
Services as published in this final rule.
As explained when the revised Schedule of Fees was published as a
proposed rule, 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. Other fees are established pursuant to more
specific statutory authorities, some of which provide for full or
partial exemptions.
With the exception of nonimmigrant visa reciprocity fees, which are
established based on the practices of other countries, and fees that
are established at amounts specified by statute, 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. 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, and it was as a result of such a review that the
amendments to the Schedule of Fees were proposed. 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, a flat service fee was
adopted. In other situations where services are provided infrequently,
the consular hourly rate was made the basis of the fee. 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 through
appropriations. (Detailed information concerning the methodology of the
study is available from the Bureau of Consular Affairs.)
Based on this effort and subsequent analysis, the Department
proposed adjustments to the Schedule of Fees, including the fee to
search Department of State files to verify an applicant's U.S.
citizenship (from $45 to $60); the Diversity Visa (DV) Lottery
surcharge for a diversity immigrant visa application (from $100 to
$375); the Affidavit of Support Review fee (from $65 to $70); the fee
for determining returning resident status (from $360 to $400); 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 fee for waiver of the two-year return residency
requirement (from $230 to $215); the fees for processing Letters
Rogatory and Foreign Sovereign Immunities Act (FSIA) judicial
assistance cases (from $650 to $735); and the fee for consular time
(from $235 to $265).
In addition, the fee for loan processing was combined with the fee
for assistance regarding the welfare and whereabouts of a U.S. citizen,
including child custody inquiries. This is a purely technical change in
the Schedule.
Significantly, Division B, Title IV (Diplomatic and Consular
Programs appropriation) of the Consolidated Appropriations Act, 2005
(Public Law 108-447), authorized two new fees while section 426 of
Division J, title IV
[[Page 5373]]
(Visa Reform) of the same Act authorized a third. In each of these
three cases, the amount of each fee was also specified. These three
fees are incorporated in the Schedule as new items 8 (a passport
surcharge of $12 to enhance the security of the passport document), 25
(a fraud prevention and detection fee of $500 for H-1B and L visa
applicants), and 36 (an immigrant visa surcharge of $45 to enhance the
security of the immigrant visa).
Analysis of Comments
As noted, the proposed rule (Public Notice 4765 at 69 FR 42913-
42919) was published for comments on July 19, 2004. During the comment
period, which closed August 18, 2004, the Department received only one
comment, which criticized all consular fees as still being too low. The
commenter said that the Department should increase all of the fees
rather than provide below-cost services to non-U.S. citizens. In many
cases, of course, the fees are in fact paid by U.S. citizens for
services to U.S. citizens. Leaving that aside, in virtually all cases
the fees result in full cost recovery either by (1) setting the fee for
the specific service at full cost; (2) recovering the cost of a service
through both the fee for the specific service and a fee for a related
service (e.g., the passport fee recovers costs of certain overseas
citizens services for which there is no specific, separate fee or for
which the separate fee is set below cost); or (3) by shifting the cost
of a service to other users, when specifically authorized by the
statute. A few fees (such as the fee for a nonimmigrant visa
application, the fee for refugee parole, the fee for documentary
services, and the fee for scheduling depositions) are set below actual
cost; in each of these cases, the Department has determined that it is
in the public interest to recover the difference from U.S. Government
appropriations so as not to make these particular services
prohibitively expensive for the public, and/or because there is a
public as well as private benefit from performance of the service.
Regulatory Findings
Administrative Procedure Act
On July 19, 2004, the Department published a proposed rule
comprehensively amending its Schedule of Fees and providing a 30-day
period for public comments (69 FR 42913-42919, Public Notice 4765, RIN
1400-AB94). Subsequently, it published an interim rule in the Federal
Register (69 FR 53618-53619, Public Notice 4809, RIN 1400-AB95) that
amended the existing Schedule of Fees effective immediately only to
include as Item Number 22 (g) 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 critically injured in
the line of duty. The change made by that interim rule, which became
effective upon publication on September 2, 2004, is thus now part of
the Schedule of Fees being comprehensively amended, and the exemption
is carried forward and included as final in the Schedule of Fees for
Consular Services, as published in this Final Rule.
The Consolidated Appropriations Act, 2005, signed into law by the
President on December 8, 2004, authorized three new fees and specified
the amount of each. These are included in the Schedule below in Items
8, 25, and 36. Item 8, a new $12 passport surcharge, applies to all
applicants except those who are exempt from passport fees per item 4 of
the Schedule. The surcharge is designed to recover the costs of
consular services in support of enhanced border security that are in
addition to those covered by the passport fees in effect on January 1,
2004. This fee is specifically authorized by Division B, Title IV
(Diplomatic and Consular Programs appropriation). Item 25 is a fraud
prevention and detection fee of $500. The fee has both a domestic and
an overseas component. Abroad, the State Department, through its
consuls, will collect the fee from a principal applicant for an ``L''
nonimmigrant visa who is covered under a blanket petition as provided
for in section 214(c)(2) (A) of the Immigration and Nationality Act
(INA). This fee is specifically authorized by subsections 214(c)(12)(B)
and (C) of the INA as amended by section 426 of Division J, title IV
(Visa Reform). Unlike the other two fees, it will take effect for
nonimmigrant visa applications filed on or after ninety days from
enactment of the Consolidated Appropriations Act--i.e., on or after
March 8, 2005 (90 days from Dec. 8, 2004), in accordance with section
426(c). Item 36, a new $45 immigrant visa surcharge, applies to all
applicants for immigrant visas, including Diversity Visas. The
surcharge was added to recover costs of consular services in support of
enhanced border security that are in addition to those covered by the
immigrant visa fees in effect on January 1, 2004. This fee is
specifically authorized by Division B, Title IV (Diplomatic and
Consular Programs appropriation). Since these three new fees have been
statutorily authorized and the amounts are statutorily established, the
Department for good cause pursuant to 5 U.S.C. 553(b)(B) finds that
public comment on the fees is unnecessary.
The final rule will be effective March 8, 2005, in accordance with
5 U.S.C. 553(d). All changes in the Department's existing fees will
take effect at that time.
Regulatory Flexibility Act/Executive Order 13272: Small Business
The changes made by this regulation are hereby certified as not
expected to have a significant economic impact on a substantial number
of small entities under the criteria of the Regulatory Flexibility Act
(5 U.S.C. 601-612) and section 3(b) of Executive Order 13272 (Proper
Consideration of Small Entities in Agency Rulemaking).
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 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Act of 1996 (5 U.S.C. 801-808). 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: Regulatory Review
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
[[Page 5374]]
Order. In addition, OMB has been provided with a 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 Orders 12372 and 13132: Federalism
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. Nor would the regulation have federalism
implications warranting the application of Executive Orders 12372 and
13132.
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 and visas.
0
Accordingly, an amendment to part 22 is amended as follows:
PART 22--[AMENDED]
0
1. The authority citation for part 22 is revised 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.; Pub. L. 108-447, 118
Stat. 2809 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 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 $30.
first-time applicants and others
who must apply in person [01-
Passport Execution].
2. Passport Application Services
for:
(a) Applicants age 16 or over 55.
(including renewals) [02-Adult
Passport].
(b) Applicants under age 16 [03- 40.
Minor Passport].
(c) Passport amendments No fee.
(extension of validity, name
change, etc.) [04-Amendment].
3. Expedited service: Three-day 60.
processing and/or in-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 No fee.
the United States 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 No fee.
require a passport in
connection with their duties
aboard an American flag vessel
(22 U.S.C. 214) [05-Passport
Exempt].
(c) Widows, children, parents, No fee.
or siblings of 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 No fee.
National Red Cross 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 No fee.
emergency 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].
6. File search and verification of 60.
U.S. citizenship: 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 65.
Abroad of a Citizen of the United
States [08-Report Birth Abroad].
8. Passport security surcharge [09- 12.
Passport Surcharge].
Items nos. 9 through 10 vacant)
------------------------------------
Overseas Citizens Services
Arrests, Welfare and Whereabouts, and Related Services
------------------------------------------------------------------------
11. Arrest and prison visits....... No fee.
12. Assistance regarding the No fee.
welfare and whereabouts 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. No fee.
citizen abroad (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).
(b) Making arrangements for a Consular Time (Item 75) Plus
deceased non-U.S. citizen Expenses.
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 60.
Certificate on 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 No fee.
personal effects; making an
inventory under an official
seal (unless significant time
and/or expenses incurred).
[[Page 5375]]
(b) Overseeing the appraisal, No fee.
sale, and final disposition of
the estate, including
disbursing funds, forwarding
securities, etc. (unless
significant time and/or
expenses incurred).
(c) For services listed in 16 Consular Time (Item 75) and/or
(a) or (b) when significant Expenses.
time and/or expenses are
incurred [13-Estate Costs].
(Items nos. 17 through 20 vacant)
------------------------------------
Nonimmigrant Visa Services
------------------------------------------------------------------------
21. Nonimmigrant visa application
and border crossing card
processing fees (per person):
(a) Nonimmigrant visa [21-MRV 100.
Processing].
(b) Border crossing card--10 100.
year (age 15 and over) [22-BCC
10 Year].
(c) Border crossing card--5 13.
year (under age 15). 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, No fee.
NATO and diplomatic visas as
defined in 22 CFR 41.26 [24-
MRV Exempt].
(b) Applicants for J visas No fee.
participating in official U.S.
Government-sponsored
educational and cultural
exchanges [24-MRV Exempt].
(c) Replacement machine- No fee.
readable visa when the
original visa was not properly
affixed or needs to be
reissued through no fault of
the applicant [24-MRV Exempt].
(d) Applicants exempted by No fee.
international 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 No fee.
provide charitable services as
determined by the Department
[24-MRV Exempt].
(f) U.S. Government employees No fee.
traveling on official business
[24-MRV Exempt].
(g) A parent, sibling, spouse, No fee.
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].
23. Nonimmigrant visa issuance fee, Reciprocal.
including border-crossing cards
[25-NIV Issuance Reciprocal].
24. Exemptions from nonimmigrant
visa issuance fee:
(a) An official representative No fee.
of a foreign 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 No fee.
and from the United Nations
Headquarters [26-NIV Issuance
Exempt].
(c) An applicant participating No fee.
in a U.S. Government-sponsored
program [26-NIV Issuance
Exempt].
(d) An applicant traveling to No fee.
provide charitable services as
determined by the Department
[26-NIV Issuance Exempt].
25. Fraud Prevention and Detection 500.
Fee for Visa applicant included in
L blanket petition (principal
applicant only) [27-NIV
Adjudication, Blanket L].
(Items nos. 26 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 185.
of alien relative for issuance
of immigrant visa [81-USCIS I-
130 Petition].
(b) Petition to classify orphan 525.
as an immediate relative [82-
USCIS I-600 Petition].
32. Immigrant visa application 335.
processing fee (per person) [31-IV
Application].
33. Diversity Visa Lottery 375.
surcharge for lottery
participation (per person applying
for an immigrant visa as a result
of the lottery program) [32-DV
Processing].
34. Affidavit of Support Review 70.
(only when AOS is reviewed
domestically).
35. Special visa services:
(a) Determining Returning 400.
Resident Status [33-Returning
Resident].
(b) Transportation letter for 165.
Legal Permanent Residents of
U.S. [34-LPR Transportation
Letter].
(c) Waiver of 2-year residency 215.
requirement [J Waiver].
(d) Waiver of immigrant visa 250.
ineligibility (collected for
the Bureau of U.S. Citizenship
and Immigration Services) [83-
IV Waiver].
(e) Refugee or significant No fee.
public benefit parole case
processing [35-Refugee/Parole].
(f) U.S. visa fingerprinting 85.
[36-Fingerprints].
36. Immigrant visa security 45.
surcharge [37-IV Surcharge].
(Items nos. 37 through 40 vacant)
------------------------------------
Documentary Services
------------------------------------------------------------------------
41. Providing notarial service:
(a) First service (seal) [41- 30.
Notarial].
(b) Each additional seal 20.
provided at the same time in
connection with the same
transaction [42-Additional
Notarial].
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 30.
Copy].
(b) Each additional copy 20.
provided at the same time [44-
Additional Copy].
[[Page 5376]]
43. Provision of documents,
certified copies of documents, and
other certifications by the
Department of State (domestic):
(a) Documents relating to 30.
births, marriages, and deaths
of U.S. citizens abroad
originally issued by a U.S.
Embassy or Consulate.
(b) Issuance of Replacement 30.
Report of Birth Abroad.
(c) Certified copies of 30.
documents relating to 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 30.
document or extract from an
official passport record.
(e) Certifying that no record 30.
of an official file can be
located [45-Brth/Mar/Death/No
Record].
(f) Each additional copy 20.
provided at same time [46-
Additional Cert].
44. Authentications (by posts
abroad):
(a) Authenticating a foreign 30.
notary or other foreign
official seal or signature.
(b) Authenticating a U.S. 30.
Federal, State, or territorial
seal.
(c) Certifying to the official 30.
status of an 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- 30.
Authentication].
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 No fee.
any Federal 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 No fee.
to be presented by claimants,
beneficiaries, or their
witnesses in connection with
obtaining Federal, State, or
municipal benefits [48-
Documents Exempt].
(c) For U.S. citizens outside No fee.
the United States 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 No fee.
foreign government 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 No fee.
foreign government official
when appropriate or as a
reciprocal courtesy [48-
Documents Exempt].
(f) At the request of direct No fee.
hire U.S. Government
personnel, Peace Corps
volunteers, or their
dependents stationed or
traveling officially in a
foreign country [48-Documents
Exempt].
(g) With respect to documents No fee.
whose production is ordered by
a court of competent
jurisdiction [48-Documents
Exempt].
(h) With respect to affidavits No fee.
of support for immigrant visa
applications [48-Documents
Exempt].
(i) With respect to endorsing No fee.
U.S. Savings Bonds
Certificates [48-Documents
Exempt].
(Items nos. 46 through 50 vacant)
------------------------------------
Judicial Assistance Services
------------------------------------------------------------------------
51. Processing letters rogatory and
Foreign Sovereign Immunities Act
(FSIA) judicial assistance cases,
including providing seal and
certificate for return of letters
rogatory executed by foreign
officials:
[51-Letters Rogatory].......... 735.
[52-FSIA]...................... 735.
52. Taking depositions or executing
commissions to take testimony:
(a) Scheduling/arranging 475.
appointments for depositions,
including depositions by video
teleconference (per daily
appointment) [53-Arrange Depo].
(b) Attending or taking 265 Per Hour Plus Expenses.
depositions, or executing
commissions to take testimony
(per hour or part thereof) [54-
Depose/Hourly].
(c) Swearing in witnesses for 265.
telephone depositions [55-
Telephone Oath].
(d) Supervising telephone 265 Per Hour Plus Expenses.
depositions (per hour or part
thereof over the first hour)
[56-Supervise Tel Depo].
(e) Providing seal and 70.
certification of 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 No fee.
any Federal 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 No fee.
take testimony in 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].
(Items nos. 54 through 60 vacant)
------------------------------------
Services Relating to Vessels and Seamen
------------------------------------------------------------------------
61. Shipping and Seaman's services:
Including but not 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]..... Consular Time (Item 75) Plus
Expenses.
[62-Shipping Consular Radio Time (Item 75) Plus Expenses.
LISC].
[63-Shipping Cert AM Own]...... Consular Time (Item 75) Plus
Expenses.
[[Page 5377]]
[64-Shipping Misc]............. Consular Time (Item 75) Plus
Expenses.
(Items nos. 62 through 70 vacant)
------------------------------------
Administrative Services
------------------------------------------------------------------------
71. Non-emergency telephone calls Long Distance Charge Plus $10.
[70-Toll Call Cost] [71-Toll Cost
Surcharge].
72. Setting up and maintaining a 30.
trust account: For one year or
less to transfer funds to or for
the benefit of a U.S. citizen in
need in a foreign country [72-OCS
Trust].
73. Transportation charges incurred Expenses Incurred.
in the performance of fee and no-
fee services when appropriate and
necessary [73-Transportation].
74. Return check processing fee [74- 25.
Return Check].
75. Consular time charges: As 265.
required by this schedule and for
fee services performed away from
the office or during after-duty
hours (per hour or part thereof/
per consular employee) [75-
Consular Time].
76. Photocopies (per page) [76- 1.
Photocopy].
(Items nos. 77 through 80 vacant)
------------------------------------------------------------------------
Dated: January 14, 2005.
Grant S. Green,
Under Secretary for Management, Department of State.
[FR Doc. 05-1930 Filed 2-1-05; 8:45 am]
BILLING CODE 4710-06-P
