Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates, 4423-4425 [2018-01850]
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Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. FDA–2016–C–2767]
Listing of Color Additives Exempt
From Certification; Calcium Carbonate;
Confirmation of Effective Date
AGENCY:
Food and Drug Administration,
HHS.
Final rule; confirmation of
effective date.
ACTION:
The Food and Drug
Administration (FDA or we) is
confirming the effective date of
December 8, 2017, for the final rule that
appeared in the Federal Register of
November 7, 2017, and that amended
the color additive regulations to provide
for the safe use of calcium carbonate to
color hard and soft candy, mints, and in
inks used on the surface of chewing
gum.
DATES: Effective date of final rule
published in the Federal Register of
November 7, 2017 (82 FR 51554)
confirmed: December 8, 2017.
ADDRESSES: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number found in brackets in the
heading of this final rule into the
‘‘Search’’ box and follow the prompts,
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Judith Kidwell, Center for Food Safety
and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–1071.
SUPPLEMENTARY INFORMATION: In the
Federal Register of November 7, 2017
(82 FR 51554), we amended the color
additive regulations to add § 73.70,
‘‘Calcium carbonate,’’ (21 CFR 73.70) to
provide for the safe use of calcium
carbonate to color soft and hard candies
and mints, and in inks used on the
surface of chewing gum, except that it
may not be used to color chocolate for
which standards of identity have been
issued under section 401 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C.
341), unless added color is authorized
by such standards.
We gave interested persons until
December 7, 2017, to file objections or
requests for a hearing. We explained
that to file an objection, among other
things, persons must specify with
particularity the provision(s) to which
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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Jkt 244001
they object. We also explained that if a
person who properly submits an
objection wants a hearing, he or she
must specifically request a hearing and
that failure to do so will constitute a
waiver of the right to a hearing (82 FR
51554 at 51557).
We received two comments regarding
our decision to amend the color additive
regulations to provide for the safe use of
calcium carbonate to color soft and hard
candies and mints, and in inks used on
the surface of chewing gum. Neither
comment, however, specified with
particularity the provision(s) of the
regulation to which they objected nor
specifically requested a hearing.
Therefore, we find that the effective date
of the final rule that published in the
Federal Register of November 7, 2017,
should be confirmed.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs,
Foods, Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321,
341, 342, 343, 348, 351, 352, 355, 361,
362, 371, 379e) and under authority
delegated to the Commissioner of Food
and Drugs, we are giving notice that no
objections or requests for a hearing were
filed in response to the November 7,
2017, final rule. Accordingly, the
amendments issued thereby became
effective December 8, 2017.
Dated: January 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–01912 Filed 1–30–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 9450]
RIN 1400–AD71
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates
Department of State.
Final rule.
AGENCY:
ACTION:
This rule finalizes the interim
final rule published in the Federal
Register on September 8, 2015.
Specifically, the rule implemented
changes to the Schedule of Fees for
Consular Services (‘‘Schedule’’) for
certain passport and citizenship services
fees. This rulemaking addresses public
comments and adopts as final the
changes to these fees.
SUMMARY:
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4423
In accordance with the
Congressional Review Act, this rule is
effective on April 2, 2018.
FOR FURTHER INFORMATION CONTACT: Rob
Schlicht, Office of the Comptroller,
Bureau of Consular Affairs, Department
of State; phone: 202–485–6685, telefax:
202–485–6826; 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.
DATES:
Background
The Department published an interim
final rule in the Federal Register, 80 FR
53704, on September 8, 2015, amending
sections of 22 CFR part 22. Specifically,
the rule amended the Schedule of Fees
for Consular Services and provided 60
days for comments from the public.
During this 60-day comment period, 15
comments were received by mail, email,
and through the submission process at
regulations.gov.
This rule establishes the following
fees for the categories below:
—Administrative Processing of Request
for Certificate of Loss of Nationality
(CLN) $2,350
—Passport Book Application Fee (age 16
and older) from $70 to $50
—Passport Book Application Fee (under
age 16) from $40 to $20
—Passport Security Surcharge from $40
to $60
The original publication of the
interim final rule included an incorrect
effective date of September 23, 2015, for
the above changes in the Passport Book
Application fees and Passport Security
Surcharge. That date subsequently was
corrected. See 80 FR 55242. The correct
effective date is reflected herein; it is
September 26, 2015.
Analysis of Comments
In the 60-day period since the
publication of the interim final rule, 15
comments were received. Twelve of the
comments were about the
Administrative Processing of Request
for CLN fee. The other three comments
were about Executive Branch fees or
U.S. citizenship.
Many of the comments suggested that
the fee for Administrative Processing of
Request for CLN creates a barrier to
expatriation. Most asserted that the fee
is excessive and that many individuals
will be unable to pay it. However, one
comment expressed support for
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31JAR1
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Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations
collecting the fee from those attempting
to evade taxes. Several asked for
clarification about the amount of the fee,
including one comment seeking
confirmation that the Department had
not doubled the CLN fee. Two
challenged the analysis of processing
costs used to justify the fee. Several
cited the Expatriation Act of 1868 or the
Universal Declaration of Human Rights
when asserting that expatriation is a
constitutional or human right.
In collecting the CLN fee, the
Department has not restricted or
burdened the right of expatriation.
Further, the fee is not punitive and is
unrelated to the Foreign Account Tax
Compliance Act (FATCA) mentioned in
some comments, except to the extent
that the Act caused an increase in
consular workload that must be paid for
by user fees. Rather, the fee is a costbased user fee for consular services.
Conforming to guidance from the Office
of Management and Budget (OMB),
federal agencies make every effort to
ensure that each service provided to
specific recipients is self-sustaining,
charging fees that are sufficient to
recover the full cost to the government.
(See OMB Circular A–25, ¶ 6(a)(1),
(a)(2)(a).) Because costs change from
year to year, the Department conducts
an annual update of the costs for
providing consular services in the form
of a Cost of Service Model (CoSM). In
addition to enabling the government to
recover costs, the study also helps the
Department to avoid charging
consumers more than the cost of the
services they consume. The CoSM is an
activity-based costing (ABC) model that
the Department developed following
guidance provided in Statement 4 of
OMB’s Statement of Federal Financial
Accounting Standards, available at
https://www.fasab.gov/pdffiles/sffas4.pdf. Setting the fee at $2,350 reflects
the cost for the service as determined by
the model. In sum, the Administrative
Processing of Request for CLN fee is a
‘‘user charge,’’ which reflects the full
cost to the U.S. government of providing
the service, as determined through
analysis based on federal financial
accounting standards.
The Department has not doubled the
CLN fee. In the past, the Department
collected a fee only from U.S. nationals
(i.e., U.S. citizens and non-citizen
nationals) taking the oath of
renunciation. The Department did not
charge a fee for the service of
documenting a non-renunciatory
relinquishment, which it performed
much less frequently. However, requests
for documentation of relinquishment of
nationality on the basis of a nonrenunciatory relinquishment have
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Jkt 244001
increased significantly in recent years,
and the Department expects the number
to remain at an elevated level in the
future. The services performed for both
individuals who renounce nationality
and individuals who apply for
documentation on the basis of a nonrenunciation relinquishment are similar,
requiring close and detailed case-bycase review of the factors involved. The
fiscal year 2013 CoSM update
demonstrated that both services are
extremely costly. For these reasons, the
$2,350 fee now applies to
relinquishments under 8 U.S.C.
1481(a)(1) to 8 U.S.C. 1481(a)(4) (and
predecessor statutes) and to
relinquishments by renunciation under
8 U.S.C. 1481(a)(5). With this change,
the Department renamed the service
‘‘Administrative Processing of Request
for Certificate of Loss of Nationality.’’
The right of expatriation is addressed
in the Immigration and Nationality Act
and the Universal Declaration of Human
Rights. The CLN fee does not impinge
on the right of expatriation. Rather, the
fee reflects the resources necessary for
the U.S. government to verify that all
constitutional and other requirements
for expatriation are satisfied in every
case. As described in the interim final
rule and in an earlier rule that raised the
fee for taking the oath of renunciation to
$2,350 (80 FR 51464), expatriation for a
U.S. national requires a thorough,
serious, time-consuming process, in
view of U.S. Supreme Court
jurisprudence that declared
unconstitutional an involuntary or
forcible expatriation. In Afroyim v,
Rusk, 387 U.S. 253 (1967) and Vance v.
Terrazas, 444 U.S. 252 (1980), the
Supreme Court ruled that expatriation
requires the voluntary commission of an
expatriating act with the intention or
assent of the citizen to relinquish
citizenship. It is therefore incumbent
upon the Department to maintain and
implement procedures that allow
consular officers and other Department
employees to ensure these requirements
are satisfied in every expatriation case.
Several commenters requested
information on the relinquishment
process, e.g. payment options and
documentation. Individuals desiring to
relinquish their U.S. citizenship should
consult travel.state.gov and may contact
the appropriate U.S. embassy with any
questions on the process. Embassy
contact information can be found at
usembassy.gov.
Conclusion
The Department adjusted the fees in
light of the CoSM’s findings that the
U.S. government was not covering fully
its costs for providing these consular
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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
of Fees.
Regulatory Findings
A. Administrative Procedure Act (APA)
The Department of State published
this rule as an interim final rule on
September 8, 2015, and provided 60
days for comment. 80 FR 53704. The
rule will be effective 60 days after
publication, in accordance with the
APA.
B. Regulatory Flexibility Act/Executive
Order 13272: Small Business
The Department of State has reviewed
this rulemaking and certifies that this
rule will not have a significant
economic impact on a substantial
number of small entities.
C. The Unfunded Mandates Reform Act
of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, Public
Law 104–4, 109 Stat. 48, 2 U.S.C. 1532,
generally requires agencies to prepare a
statement before proposing any rule that
may result in an annual expenditure of
$100 million or more by State, local, or
tribal governments, or by the private
sector. This rule will not result in any
such expenditure, nor will it
significantly or uniquely affect small
governments.
D. The 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 Fairness Act of
1996. This rule will not result in an
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of the United States-based companies to
compete with foreign-based companies
in domestic and import markets.
E. Executive Orders 12866 and 13771
The Office of Management and Budget
reviewed this rule, and determined it is
not an E.O. 13771 regulatory action
because this rule is not significant under
E.O. 12866. As this rule is not a
significant regularly action, it is except
from the requirements of Executive
Order 13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs.’’ See OMB
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Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations
Memorandum M–17–21, ‘‘Guidance
Implementing Executive Order 13771’’
of April 5, 2017.
DEPARTMENT OF STATE
F. Executive Order 13563
[Public Notice 10027]
The Department of State has
considered this rule in light of
Executive Order 13563 and affirms that
this regulation is consistent with the
guidance therein. G. Executive Orders
12372 and 13132: Federalism
H. Executive Order 13175—
Consultation and Coordination With
Indian Tribal Governments
22 CFR Part 22
RIN 1400–AD81
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and
Consulates—Passport Services Fee
Changes
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State
implements an adjustment to the
Schedule of Fees for Consular Services
of the Department of State’s Bureau of
Consular Affairs (‘‘Schedule of Fees’’ or
‘‘Schedule’’) to raise the execution fee
for passport books and cards from $25
to $35. The Department is adjusting this
fee in light of the findings of the most
recently approved update to the Cost of
Service Model to better align the fees for
consular services with the costs of
providing those services.
DATES: In accordance with the
Congressional Review Act, this rule is
effective on April 2, 2018.
FOR FURTHER INFORMATION CONTACT: Rob
Schlicht, Management Analyst, Office of
the Comptroller, Bureau of Consular
Affairs, Department of State; phone:
202–485–6685, telefax: 202–485–6826;
email: fees@state.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
The Department of State has
determined that this rulemaking will
not have tribal implications, will not
impose substantial direct compliance
costs on Indian tribal governments, and
will not pre-empt tribal law.
Accordingly, the requirements of
section 5 of Executive Order 13175 do
not apply to this rulemaking.
I. Paperwork Reduction Act
This rule does not impose or revise
information collections subject to the
provisions of the Paperwork Reduction
Act, 44 U.S.C., Chapter 35.
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 80 FR
53704, which are adopted herein.
Section 22.1, Items 2.(a), 2.(b), and 2.(g)
of this rule became effective September
26, 2015. Section 22.1, Item 8 became
effective November 9, 2015. As noted
above, the Department considered the
comments submitted in response to the
interim final rule and does not adopt
them. Thus, the rule remains in effect.
List of Subjects in 22 CFR Part 22
Consular services, Fees, Passports and
visas.
Background
This rule makes a change to the
Schedule of Fees for passport services
(passport books and cards). The
Department published a notice of
proposed rulemaking (NPRM) on
September 19, 2016 (81 FR 64088), with
60 days provided for public comment.
This final rule addresses the relevant
comments. Justification for this
rulemaking can be found in the NPRM.
Analysis of Comments
PART 22—SCHEDULE OF FEES FOR
CONSULAR SERVICES—
DEPARTMENT OF STATE AND
FOREIGN SERVICE
Accordingly, the interim final rule
amending 22 CFR part 22, which was
published in the Federal Register, 80 FR
53704, on September 8, 2015 is adopted
as final without change.
sradovich on DSK3GMQ082PROD with RULES
■
Carl C. Risch,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2018–01850 Filed 1–30–18; 8:45 am]
BILLING CODE 4710–06–P
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The Department received 34
comments, of which 26 are addressed
herein. The other eight were duplicates
submitted to regulations.gov and fees@
state.gov.
The majority of the comments were in
favor of raising the fee from $25 to $35.
Four were opposed to raising the fee
and one comment referred to visa fees
which are not addressed in this
rulemaking.
A majority of the comments that were
in favor of the fee increase cited
increased overhead, with most
mentioning staffing and postage as
major costs. Other comments expressed
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4425
the view that the small increase in fee
would not affect business or personal
travel.
Two commenters who opposed the
fee increase expressed concern that the
fee would be a burden to some travelers.
Although the Department is sympathetic
to the impact the fee increase may have
on the public, the fee increase reflects
the result of an evaluation to determine
the cost of the service provided so that
the U.S. Government may recover the
full cost of the service in accordance
with 31 U.S.C. 9701 and guidance from
the Office of Management and Budget
(OMB). Federal agencies make every
effort to ensure that fees for services are
sufficient to recover the full cost to the
government. (See OMB Circular A–25,
¶ 6(a)(1), (a)(2)(a).)
Two commenters stated that the
government should work more
efficiently rather than raise fees. The
Department of State’s Bureau of
Consular Affairs along with its partner
acceptance facilities strive to optimize
business functions to increase efficiency
and effectively manage financial and
capital resources funded by consular
fees. There are approximately 7,400
acceptance facilities throughout the
United States, including those at post
offices and clerks of court. This fee is
necessary to ensure that acceptance
agents are compensated for the time and
materials required to accept
applications on behalf of the
Department of State. The fee has
remained the same for over nine years
even though the cost of labor and
material has increased during the same
time period. In 2008, the Department
lowered the execution fee for passport
books from $30 to $25 based on costs at
the time. The proposed $10 increase to
$35, from the current fee of $25, is in
line with cost increases for both the
Department and United States Postal
Service during the past nine years.
In an effort to improve business
practices, the Department publishes a
guide that standardizes processes for
acceptance facilities and provides
annual training to ensure the processes
are followed. Additionally, the
Department conducts regular audits and
inspections of the acceptance facilities
to protect the integrity of the application
process, prevent mis/malfeasance, and
promote standardization and efficiency.
The revenue from retained consular
fees fund CA’s domestic and overseas
operations and consular-related
programs. These operations protect the
lives and serve the interests of United
States citizens and strengthen U.S.
border security.
One commenter stated that the
amount of time and effort it takes to
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]]>Agencies
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Pages 4423-4425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01850]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 9450]
RIN 1400-AD71
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule finalizes the interim final rule published in the
Federal Register on September 8, 2015. Specifically, the rule
implemented changes to the Schedule of Fees for Consular Services
(``Schedule'') for certain passport and citizenship services fees. This
rulemaking addresses public comments and adopts as final the changes to
these fees.
DATES: In accordance with the Congressional Review Act, this rule is
effective on April 2, 2018.
FOR FURTHER INFORMATION CONTACT: Rob Schlicht, Office of the
Comptroller, Bureau of Consular Affairs, Department of State; phone:
202-485-6685, telefax: 202-485-6826; email: [email protected].
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 an interim final rule in the Federal
Register, 80 FR 53704, on September 8, 2015, amending sections of 22
CFR part 22. Specifically, the rule amended the Schedule of Fees for
Consular Services and provided 60 days for comments from the public.
During this 60-day comment period, 15 comments were received by mail,
email, and through the submission process at regulations.gov.
This rule establishes the following fees for the categories below:
--Administrative Processing of Request for Certificate of Loss of
Nationality (CLN) $2,350
--Passport Book Application Fee (age 16 and older) from $70 to $50
--Passport Book Application Fee (under age 16) from $40 to $20
--Passport Security Surcharge from $40 to $60
The original publication of the interim final rule included an
incorrect effective date of September 23, 2015, for the above changes
in the Passport Book Application fees and Passport Security Surcharge.
That date subsequently was corrected. See 80 FR 55242. The correct
effective date is reflected herein; it is September 26, 2015.
Analysis of Comments
In the 60-day period since the publication of the interim final
rule, 15 comments were received. Twelve of the comments were about the
Administrative Processing of Request for CLN fee. The other three
comments were about Executive Branch fees or U.S. citizenship.
Many of the comments suggested that the fee for Administrative
Processing of Request for CLN creates a barrier to expatriation. Most
asserted that the fee is excessive and that many individuals will be
unable to pay it. However, one comment expressed support for
[[Page 4424]]
collecting the fee from those attempting to evade taxes. Several asked
for clarification about the amount of the fee, including one comment
seeking confirmation that the Department had not doubled the CLN fee.
Two challenged the analysis of processing costs used to justify the
fee. Several cited the Expatriation Act of 1868 or the Universal
Declaration of Human Rights when asserting that expatriation is a
constitutional or human right.
In collecting the CLN fee, the Department has not restricted or
burdened the right of expatriation. Further, the fee is not punitive
and is unrelated to the Foreign Account Tax Compliance Act (FATCA)
mentioned in some comments, except to the extent that the Act caused an
increase in consular workload that must be paid for by user fees.
Rather, the fee is a cost-based user fee for consular services.
Conforming to guidance from the Office of Management and Budget (OMB),
federal agencies make every effort to ensure that each service provided
to specific recipients is self-sustaining, charging fees that are
sufficient to recover the full cost to the government. (See OMB
Circular A-25, ] 6(a)(1), (a)(2)(a).) Because costs change from year to
year, the Department conducts an annual update of the costs for
providing consular services in the form of a Cost of Service Model
(CoSM). In addition to enabling the government to recover costs, the
study also helps the Department to avoid charging consumers more than
the cost of the services they consume. The CoSM is an activity-based
costing (ABC) model that the Department developed following guidance
provided in Statement 4 of OMB's Statement of Federal Financial
Accounting Standards, available at https://www.fasab.gov/pdffiles/sffas-4.pdf. Setting the fee at $2,350 reflects the cost for the service as
determined by the model. In sum, the Administrative Processing of
Request for CLN fee is a ``user charge,'' which reflects the full cost
to the U.S. government of providing the service, as determined through
analysis based on federal financial accounting standards.
The Department has not doubled the CLN fee. In the past, the
Department collected a fee only from U.S. nationals (i.e., U.S.
citizens and non-citizen nationals) taking the oath of renunciation.
The Department did not charge a fee for the service of documenting a
non-renunciatory relinquishment, which it performed much less
frequently. However, requests for documentation of relinquishment of
nationality on the basis of a non-renunciatory relinquishment have
increased significantly in recent years, and the Department expects the
number to remain at an elevated level in the future. The services
performed for both individuals who renounce nationality and individuals
who apply for documentation on the basis of a non-renunciation
relinquishment are similar, requiring close and detailed case-by-case
review of the factors involved. The fiscal year 2013 CoSM update
demonstrated that both services are extremely costly. For these
reasons, the $2,350 fee now applies to relinquishments under 8 U.S.C.
1481(a)(1) to 8 U.S.C. 1481(a)(4) (and predecessor statutes) and to
relinquishments by renunciation under 8 U.S.C. 1481(a)(5). With this
change, the Department renamed the service ``Administrative Processing
of Request for Certificate of Loss of Nationality.''
The right of expatriation is addressed in the Immigration and
Nationality Act and the Universal Declaration of Human Rights. The CLN
fee does not impinge on the right of expatriation. Rather, the fee
reflects the resources necessary for the U.S. government to verify that
all constitutional and other requirements for expatriation are
satisfied in every case. As described in the interim final rule and in
an earlier rule that raised the fee for taking the oath of renunciation
to $2,350 (80 FR 51464), expatriation for a U.S. national requires a
thorough, serious, time-consuming process, in view of U.S. Supreme
Court jurisprudence that declared unconstitutional an involuntary or
forcible expatriation. In Afroyim v, Rusk, 387 U.S. 253 (1967) and
Vance v. Terrazas, 444 U.S. 252 (1980), the Supreme Court ruled that
expatriation requires the voluntary commission of an expatriating act
with the intention or assent of the citizen to relinquish citizenship.
It is therefore incumbent upon the Department to maintain and implement
procedures that allow consular officers and other Department employees
to ensure these requirements are satisfied in every expatriation case.
Several commenters requested information on the relinquishment
process, e.g. payment options and documentation. Individuals desiring
to relinquish their U.S. citizenship should consult travel.state.gov
and may contact the appropriate U.S. embassy with any questions on the
process. Embassy contact information can be found at usembassy.gov.
Conclusion
The Department adjusted the fees in light of the CoSM's findings
that the U.S. government was not covering fully 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 of Fees.
Regulatory Findings
A. Administrative Procedure Act (APA)
The Department of State published this rule as an interim final
rule on September 8, 2015, and provided 60 days for comment. 80 FR
53704. The rule will be effective 60 days after publication, in
accordance with the APA.
B. Regulatory Flexibility Act/Executive Order 13272: Small Business
The Department of State has reviewed this rulemaking and certifies
that this rule will not have a significant economic impact on a
substantial number of small entities.
C. The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law
104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to
prepare a statement before proposing any rule that may result in an
annual expenditure of $100 million or more by State, local, or tribal
governments, or by the private sector. This rule will not result in any
such expenditure, nor will it significantly or uniquely affect small
governments.
D. The 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 Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100 million or more;
a major increase in costs or prices; or adverse effects on competition,
employment, investment, productivity, innovation, or the ability of the
United States-based companies to compete with foreign-based companies
in domestic and import markets.
E. Executive Orders 12866 and 13771
The Office of Management and Budget reviewed this rule, and
determined it is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866. As this rule is not a significant
regularly action, it is except from the requirements of Executive Order
13771, ``Reducing Regulation and Controlling Regulatory Costs.'' See
OMB
[[Page 4425]]
Memorandum M-17-21, ``Guidance Implementing Executive Order 13771'' of
April 5, 2017.
F. Executive Order 13563
The Department of State has considered this rule in light of
Executive Order 13563 and affirms that this regulation is consistent
with the guidance therein. G. Executive Orders 12372 and 13132:
Federalism
H. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not pre-empt
tribal law. Accordingly, the requirements of section 5 of Executive
Order 13175 do not apply to this rulemaking.
I. Paperwork Reduction Act
This rule does not impose or revise information collections subject
to the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter
35.
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 80 FR 53704, which
are adopted herein. Section 22.1, Items 2.(a), 2.(b), and 2.(g) of this
rule became effective September 26, 2015. Section 22.1, Item 8 became
effective November 9, 2015. As noted above, the Department considered
the comments submitted in response to the interim final rule and does
not adopt them. Thus, the rule remains in effect.
List of Subjects in 22 CFR Part 22
Consular services, Fees, Passports and visas.
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
Accordingly, the interim final rule amending 22 CFR part 22, which was
published in the Federal Register, 80 FR 53704, on September 8, 2015 is
adopted as final without change.
Carl C. Risch,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2018-01850 Filed 1-30-18; 8:45 am]
BILLING CODE 4710-06-P
