Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates, 5177-5178 [2012-2075]
Download as PDF
Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations
DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice: 7779]
RIN 1400–AC58
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates
AGENCY:
Bureau of Consular Affairs,
State.
ACTION:
Final rule.
This rule adopts as final the
interim final rule published in the
Federal Register on June 28, 2010
(Public Notice 7068). Specifically, the
rule made changes to the Schedule of
Fees for Consular Services (Schedule)
for a number of different fees. This
rulemaking adopts as final the changes
to these fees.
DATES: Effective February 2, 2012.
FOR FURTHER INFORMATION CONTACT:
Polly Hill, Office of the Comptroller,
Bureau of Consular Affairs, Department
of State; phone: 202–663–1301, telefax:
202–663–2526; email: fees@state.gov.
SUPPLEMENTARY INFORMATION: For the
complete explanation of the background
of this rule, including the rationale for
the change, the authority of the
Department of State (‘‘Department’’) to
make the fee changes in question, and
an explanation of the study that
produced the fee amounts, consult the
prior public notices cited in the
‘‘Background’’ section below.
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
Background
The Department published a proposed
rule in the Federal Register, 75 FR 6321,
on February 9, 2010, proposing to
amend sections of 22 CFR part 22.
Specifically, the rule proposed changes
to the Schedule of Fees for Consular
Services and provided 30 days for
comments from the public. In response
to requests by the public for more
information and a further opportunity to
submit comments, the Department
subsequently published a
supplementary notice in the Federal
Register, 75 FR 14111, on March 24,
2010 (Public Notice 6928). The
supplementary notice provided a more
detailed explanation of the Cost of
Service Model (‘‘CoSM’’), previously
referred to as the Cost of Service Study
or ‘‘CoSS,’’ which is the activity-based
costing model that the Department used
to determine the proposed fees for
consular services, and reopened the
comment period for an additional 15
days. During this and the previous 30
day comment period, 1,797 comments
were received, either by email or
VerDate Mar<15>2010
15:14 Feb 01, 2012
Jkt 226001
through the submission process at
www.regulations.gov.
The Department analyzed the 1,797
comments in the interim final rule at 75
FR 36522, on June 28, 2010 (Public
Notice 7068) and does not reproduce
that analysis here. Instead, the current
notice addresses only the four
additional comments received in the
further 60 days during which the
comment period for this interim final
rule was open (see Analysis of
Comments, below). In total, the public
was given 105 days to comment on this
change to the Schedule of Fees and a
total of 1,801 comments were received.
This rule establishes the following
fees for the categories below, as
determined by the CoSM:
—Passport Book Application Services
for Applicants Age 16 or Over
(including renewals): from $55 to $70
—Additional Passport Visa Pages: from
$0 to $82
—Passport Book Security Surcharge
(Enhanced Border Security Fee): from
$20 to $40
—File Search and Verification of U.S.
Citizenship: from $60 to $150
—Application for Consular Report of
Birth Abroad of a Citizen of the
United States: from $65 to $100
—Administrative Processing of Formal
Renunciation of U.S. Citizenship:
from $0 to $450*
—Passport Card Application Services
for Applicants Age 16 or Over
(including renewals): from $20 to $30
—Passport Card Application Services
for Applicants Under Age 16: from
$10 to $15
—Making arrangements for a Deceased
Non-U.S. Citizen Family Member:
from a charge of Consular time spent
on the service, previously $265 an
hour plus expenses to $200 plus
expenses
—Immigrant Visa Application for
Immediate Relative and Family
Preference Applications: from $355 to
$330
—Immigrant Visa Application for
Employment-Based Applications:
from $355 to $720
—Immigrant Visa Application for Other
Visa Classes: from $355 to $305
—Diversity Visa Program Fee: from $375
to $440
—Affidavit of Support Review (only
when reviewed domestically): from
$70 to $88
—Determining Returning Resident
Status: from $400 to $380
—Immigrant Visa Security Surcharge:
from $45 to $74
—Providing Notarial Service: First
service (seal): from $30 to $50
—Providing Notarial Service: Each
additional seal: from $20 to $50
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
5177
—Certification of a True Copy or That
No Record of an Official File Can be
Located: First copy: from $30 to $50
—Certification of a True Copy or That
No Record of an Official File Can be
Located: Each additional copy: from
$20 to $50
—Provision of Documents, Certified
Copies of Documents, and Other
Certifications by the Department of
State (domestic): from $30 to $50
—Authentications (by posts abroad):
from $30 to $50
—Processing Letters Rogatory and
Foreign Sovereign Immunities Act
275 (FSIA) Judicial Assistance Cases:
from $735 to $2,275
—Scheduling/Arranging Appointments
for Depositions: from $475 to $1,283
—Attending or Taking Depositions, or
Executing Commissions to Take
Testimony: from $265 per hour plus
expenses to $309 per hour plus
expenses
—Providing Seal and Certification of
Depositions: from $70 to $415
—Consular Time Charges: from $265 to
$231
Administrative processing of formal
renunciation of U.S. citizenship was
previously a no-fee service. Under the
new fee structure, the renunciant must
now pay a fee for this service. The
Department has decided that the
renunciant should pay this fee at the
visit during which he or she swears the
oath of renunciation. The proposed and
interim final rules referred to it as
‘‘Documentation of formal renunciation
of U.S. citizenship,’’ at Item 8 of their
respective reproductions of the
Schedule of Fees. See 75 FR 36522,
36532; 75 FR 6321, 6328. This final rule
makes a technical correction to the title
of the service, labeling it
‘‘Administrative processing of formal
renunciation of U.S. citizenship.’’
Please note there are two additional
clarifications the Department of State is
making in this final rule. First, the
Immigrant Visa application for
employment-based applications is based
on I–140 and I–526 petitions and also
includes investor visas. The interim
final rule incorrectly stated that
employment-based visas are based on
the I–140 petition only. Second, since
publishing the interim final rule on June
28, 2010 (75 FR 36522), the Department
reexamined the CoSM’s inputs to the
Diversity Visa Lottery Fee. Upon
reexamination, it was decided that the
present fee adequately accounts for the
costs of processing the immigrant visa
application and enhanced security. The
Department, therefore, has decided it
will not charge the separate Immigrant
Visa Application Processing Fee or
Immigrant Visa Security Surcharge to
E:\FR\FM\02FER1.SGM
02FER1
5178
Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Rules and Regulations
Diversity Visa Lottery selecteeapplicants and will amend the Schedule
of Fees to so reflect.
tkelley on DSK3SPTVN1PROD with RULES
Analysis of Comments
In the additional 60 day period since
the publication of the interim final rule,
four additional comments were
received. Three commenters expressed
concern over the fee increase for extra
passport visa pages. Two of those
commenters traveled frequently for
work and noted that this would be an
additional cost. The third commenter,
an American citizen living overseas,
expressed concern over the large cost to
his family to receive additional visa
pages. A suggestion was made by one of
the commenters to waive the additional
visa pages fee every other year for
business people who travel frequently.
As explained in the supplementary
notice, 75 FR 14111, 14113, the cost of
this service includes not only the pages
themselves, but the employee time
spent affixing the pages into a passport,
endorsing the passport, and performing
a quality-control check on the expanded
passport; also the costs of trained labor,
supervisors, and overhead; of
performing a name check of the
applicant prior to providing the service;
and a share of the overall costs of nofee emergency services provided to
Americans overseas—costs incorporated
into and assigned across all passport
book services. The Department does
offer a larger passport for travelers who
anticipate that they will need more visa
pages. Any passport applicant may
request a larger book (52 pages, instead
of the standard 28 pages) at the time of
application for no additional fee.
Information about this option is widely
available to customers both
domestically and overseas. Because the
Department’s passport processing
operations must be self-sustaining as
much as possible and has accordingly
set these fees at a level that will allow
cost recovery, the Department is not in
a position to grant a fee waiver to
frequent business travelers.
The final comment was directed
toward the fee increase for the passport
book. The commenter stated that the fee
increase influenced whether she would
renew her passport book and her
decision to travel abroad. The
Department is aware of the financial
impact this fee increase may have on
individuals and businesses; however,
the Department must recover its costs
from the passport services it provides.
The Department also maintains that the
increase in passport fees is not
significant in comparison with the
overall costs of international travel.
VerDate Mar<15>2010
15:14 Feb 01, 2012
Jkt 226001
Conclusion
The Department has adjusted the fees
to ensure that sufficient resources are
available to meet the costs of providing
consular services in light of the CoSM’s
findings that the U.S. Government was
not fully covering its costs for providing
these consular services. Pursuant to
OMB guidance, the Department
endeavors to recover the cost of
providing services that benefit specific
individuals, as opposed to the general
public. See OMB Circular A–25,
¶ 6(a)(1), (a)(2)(a). For this reason, the
Department has adjusted the Schedule.
Regulatory Findings
For a summary of the regulatory
findings and analyses regarding this
rulemaking, please refer to the findings
and analyses published with the interim
final rule, which can be found at 75 FR,
at 36529, which are adopted herein. The
rule became effective July 13, 2010. As
noted above, the Department has
considered the comments submitted in
response to the interim final rule, and
does not adopt them. Thus, the rule
remains in effect without modification.
In addition, as noted in the interim
final rule, this rule was submitted to
and reviewed by OMB pursuant to E.O.
12866. The Department of State has also
considered this rule in light of
Executive Order 13563, dated January
18, 2011, and affirms that this regulation
is consistent with the guidance therein.
Accordingly, the Interim Rule
amending 22 CFR parts 22 and 51,
which was published in the Federal
Register, 75 FR 36522, on June 28, 2010
(Public Notice 7068), is adopted as final
without change.
Dated: January 23, 2012.
Patrick F. Kennedy,
Under Secretary of State for Management,
Department of State.
[FR Doc. 2012–2075 Filed 2–1–12; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 514
Fees
National Indian Gaming
Commission, Interior.
ACTION: Final rule.
AGENCY:
The National Indian Gaming
Commission (NIGC or Commission) is
amending its fee regulation. The Indian
Gaming Regulatory Act (IGRA) requires
Tribal gaming operations to pay a fee to
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
the Commission for each gaming
operation regulated by IGRA that
conducts Class II or Class III gaming
activity. IGRA also requires that ‘‘[t]he
Commission, by a vote of not less than
two of its members, shall annually
adopt the rate of the fees authorized by
this section which shall be payable to
the Commission on a quarterly basis.’’
Pursuant to the Commission’s authority
to ‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement the provisions of [IGRA],’’
the Commission is amending its
regulations to provide for the submittal
of fees and fee worksheets on a quarterly
basis rather than bi-annually; to provide
for operations to calculate fees based on
the gaming operation’s fiscal year rather
than a calendar year; to amend certain
language in the regulation to better
reflect industry usage; to establish an
assessment for fees and fee worksheets
submitted one to ninety days late; and
to establish a fingerprinting fee payment
process.
DATES: Effective Date: October 1, 2012.
Compliance Date: Submitting fee
worksheets and payments on a quarterly
basis under §§ 514.5 and 514.6 is not
required until January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Michael Hoenig, National Indian
Gaming Commission, 1441 L Street
NW., Suite 9100, Washington, DC
20005. Telephone: (202) 632–7009;
email: michael_hoenig@nigc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Indian Gaming Regulatory Act
(IGRA) established an agency funding
framework whereby gaming operations
licensed by tribes pay a fee to the
Commission for each gaming operation
that conducts Class II or Class III gaming
activity that is regulated by IGRA. 25
U.S.C. 2717(a)(1). These fees are used to
fund the Commission in carrying out its
statutory duties. Fees are based on the
gaming operation’s assessable gross
revenues, which are defined as the
annual total amount of money wagered,
less any amounts paid out as prizes or
paid for prizes awarded and less
allowance for amortization of capital
expenditures for structures. 25 U.S.C.
2717(a)(6). The rate of fees is established
annually by the Commission and shall
be payable on a quarterly basis. 25
U.S.C. 2717(a)(3). IGRA limits the total
amount of fees imposed during any
fiscal year to .08% of the gross gaming
revenues of all gaming operations
subject to regulation under IGRA.
Failure of a gaming operation to pay the
fees imposed by the Commission’s fee
schedule can be grounds for a civil
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5177-5178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2075]
[[Page 5177]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice: 7779]
RIN 1400-AC58
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adopts as final the interim final rule published in
the Federal Register on June 28, 2010 (Public Notice 7068).
Specifically, the rule made changes to the Schedule of Fees for
Consular Services (Schedule) for a number of different fees. This
rulemaking adopts as final the changes to these fees.
DATES: Effective February 2, 2012.
FOR FURTHER INFORMATION CONTACT: Polly Hill, Office of the Comptroller,
Bureau of Consular Affairs, Department of State; phone: 202-663-1301,
telefax: 202-663-2526; email: fees@state.gov.
SUPPLEMENTARY INFORMATION: For the complete explanation of the
background of this rule, including the rationale for the change, the
authority of the Department of State (``Department'') to make the fee
changes in question, and an explanation of the study that produced the
fee amounts, consult the prior public notices cited in the
``Background'' section below.
Background
The Department published a proposed rule in the Federal Register,
75 FR 6321, on February 9, 2010, proposing to amend sections of 22 CFR
part 22. Specifically, the rule proposed changes to the Schedule of
Fees for Consular Services and provided 30 days for comments from the
public. In response to requests by the public for more information and
a further opportunity to submit comments, the Department subsequently
published a supplementary notice in the Federal Register, 75 FR 14111,
on March 24, 2010 (Public Notice 6928). The supplementary notice
provided a more detailed explanation of the Cost of Service Model
(``CoSM''), previously referred to as the Cost of Service Study or
``CoSS,'' which is the activity-based costing model that the Department
used to determine the proposed fees for consular services, and reopened
the comment period for an additional 15 days. During this and the
previous 30 day comment period, 1,797 comments were received, either by
email or through the submission process at www.regulations.gov.
The Department analyzed the 1,797 comments in the interim final
rule at 75 FR 36522, on June 28, 2010 (Public Notice 7068) and does not
reproduce that analysis here. Instead, the current notice addresses
only the four additional comments received in the further 60 days
during which the comment period for this interim final rule was open
(see Analysis of Comments, below). In total, the public was given 105
days to comment on this change to the Schedule of Fees and a total of
1,801 comments were received.
This rule establishes the following fees for the categories below,
as determined by the CoSM:
--Passport Book Application Services for Applicants Age 16 or Over
(including renewals): from $55 to $70
--Additional Passport Visa Pages: from $0 to $82
--Passport Book Security Surcharge (Enhanced Border Security Fee): from
$20 to $40
--File Search and Verification of U.S. Citizenship: from $60 to $150
--Application for Consular Report of Birth Abroad of a Citizen of the
United States: from $65 to $100
--Administrative Processing of Formal Renunciation of U.S. Citizenship:
from $0 to $450*
--Passport Card Application Services for Applicants Age 16 or Over
(including renewals): from $20 to $30
--Passport Card Application Services for Applicants Under Age 16: from
$10 to $15
--Making arrangements for a Deceased Non-U.S. Citizen Family Member:
from a charge of Consular time spent on the service, previously $265 an
hour plus expenses to $200 plus expenses
--Immigrant Visa Application for Immediate Relative and Family
Preference Applications: from $355 to $330
--Immigrant Visa Application for Employment-Based Applications: from
$355 to $720
--Immigrant Visa Application for Other Visa Classes: from $355 to $305
--Diversity Visa Program Fee: from $375 to $440
--Affidavit of Support Review (only when reviewed domestically): from
$70 to $88
--Determining Returning Resident Status: from $400 to $380
--Immigrant Visa Security Surcharge: from $45 to $74
--Providing Notarial Service: First service (seal): from $30 to $50
--Providing Notarial Service: Each additional seal: from $20 to $50
--Certification of a True Copy or That No Record of an Official File
Can be Located: First copy: from $30 to $50
--Certification of a True Copy or That No Record of an Official File
Can be Located: Each additional copy: from $20 to $50
--Provision of Documents, Certified Copies of Documents, and Other
Certifications by the Department of State (domestic): from $30 to $50
--Authentications (by posts abroad): from $30 to $50
--Processing Letters Rogatory and Foreign Sovereign Immunities Act 275
(FSIA) Judicial Assistance Cases: from $735 to $2,275
--Scheduling/Arranging Appointments for Depositions: from $475 to
$1,283
--Attending or Taking Depositions, or Executing Commissions to Take
Testimony: from $265 per hour plus expenses to $309 per hour plus
expenses
--Providing Seal and Certification of Depositions: from $70 to $415
--Consular Time Charges: from $265 to $231
Administrative processing of formal renunciation of U.S.
citizenship was previously a no-fee service. Under the new fee
structure, the renunciant must now pay a fee for this service. The
Department has decided that the renunciant should pay this fee at the
visit during which he or she swears the oath of renunciation. The
proposed and interim final rules referred to it as ``Documentation of
formal renunciation of U.S. citizenship,'' at Item 8 of their
respective reproductions of the Schedule of Fees. See 75 FR 36522,
36532; 75 FR 6321, 6328. This final rule makes a technical correction
to the title of the service, labeling it ``Administrative processing of
formal renunciation of U.S. citizenship.''
Please note there are two additional clarifications the Department
of State is making in this final rule. First, the Immigrant Visa
application for employment-based applications is based on I-140 and I-
526 petitions and also includes investor visas. The interim final rule
incorrectly stated that employment-based visas are based on the I-140
petition only. Second, since publishing the interim final rule on June
28, 2010 (75 FR 36522), the Department reexamined the CoSM's inputs to
the Diversity Visa Lottery Fee. Upon reexamination, it was decided that
the present fee adequately accounts for the costs of processing the
immigrant visa application and enhanced security. The Department,
therefore, has decided it will not charge the separate Immigrant Visa
Application Processing Fee or Immigrant Visa Security Surcharge to
[[Page 5178]]
Diversity Visa Lottery selectee-applicants and will amend the Schedule
of Fees to so reflect.
Analysis of Comments
In the additional 60 day period since the publication of the
interim final rule, four additional comments were received. Three
commenters expressed concern over the fee increase for extra passport
visa pages. Two of those commenters traveled frequently for work and
noted that this would be an additional cost. The third commenter, an
American citizen living overseas, expressed concern over the large cost
to his family to receive additional visa pages. A suggestion was made
by one of the commenters to waive the additional visa pages fee every
other year for business people who travel frequently.
As explained in the supplementary notice, 75 FR 14111, 14113, the
cost of this service includes not only the pages themselves, but the
employee time spent affixing the pages into a passport, endorsing the
passport, and performing a quality-control check on the expanded
passport; also the costs of trained labor, supervisors, and overhead;
of performing a name check of the applicant prior to providing the
service; and a share of the overall costs of no-fee emergency services
provided to Americans overseas--costs incorporated into and assigned
across all passport book services. The Department does offer a larger
passport for travelers who anticipate that they will need more visa
pages. Any passport applicant may request a larger book (52 pages,
instead of the standard 28 pages) at the time of application for no
additional fee. Information about this option is widely available to
customers both domestically and overseas. Because the Department's
passport processing operations must be self-sustaining as much as
possible and has accordingly set these fees at a level that will allow
cost recovery, the Department is not in a position to grant a fee
waiver to frequent business travelers.
The final comment was directed toward the fee increase for the
passport book. The commenter stated that the fee increase influenced
whether she would renew her passport book and her decision to travel
abroad. The Department is aware of the financial impact this fee
increase may have on individuals and businesses; however, the
Department must recover its costs from the passport services it
provides. The Department also maintains that the increase in passport
fees is not significant in comparison with the overall costs of
international travel.
Conclusion
The Department has adjusted the fees to ensure that sufficient
resources are available to meet the costs of providing consular
services in light of the CoSM's findings that the U.S. Government was
not fully covering its costs for providing these consular services.
Pursuant to OMB guidance, the Department endeavors to recover the cost
of providing services that benefit specific individuals, as opposed to
the general public. See OMB Circular A-25, ] 6(a)(1), (a)(2)(a). For
this reason, the Department has adjusted the Schedule.
Regulatory Findings
For a summary of the regulatory findings and analyses regarding
this rulemaking, please refer to the findings and analyses published
with the interim final rule, which can be found at 75 FR, at 36529,
which are adopted herein. The rule became effective July 13, 2010. As
noted above, the Department has considered the comments submitted in
response to the interim final rule, and does not adopt them. Thus, the
rule remains in effect without modification.
In addition, as noted in the interim final rule, this rule was
submitted to and reviewed by OMB pursuant to E.O. 12866. The Department
of State has also considered this rule in light of Executive Order
13563, dated January 18, 2011, and affirms that this regulation is
consistent with the guidance therein.
Accordingly, the Interim Rule amending 22 CFR parts 22 and 51,
which was published in the Federal Register, 75 FR 36522, on June 28,
2010 (Public Notice 7068), is adopted as final without change.
Dated: January 23, 2012.
Patrick F. Kennedy,
Under Secretary of State for Management, Department of State.
[FR Doc. 2012-2075 Filed 2-1-12; 8:45 am]
BILLING CODE 4710-06-P