Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates

Authority to Collect Fees

Public Law 103-236, enacted April 30, 1994, authorizes the Secretary of State to collect a surcharge for the processing of machine readable visa (MRV) applications and for the processing of machine readable combined border crossing card and nonimmigrant visa applications. This authority has been delegated to the Undersecretary for Management. The Secretary of State is also authorized under E.O. 10718 of June 27, 1957, to exercise the President's authority under 22 U.S.C. 4219 to prescribe the fees to be charged for official services performed by the Department of State. The Schedule of Fees for Consular Services is set forth in 22 CFR 22.1, as amended on January 30, 1998, [63 FR 5098].

Combined Border Crossing Card and Nonimmigrant Visa

Section 410 of Public Law 105-277, enacted October 21, 1998, provides for a revised fee for certain categories of applicants for the machine readable combined border crossing card and

nonimmigrant visa. This rule amends item 54 on the Schedule of Fees for Consular Services. Effective 6 months after October 21, 1998, it reduces the fee for the processing of an application for a combined border crossing card and nonimmigrant visa to $13 (for recovery of costs of manufacturing the combined card and visa) in the case of any Mexican citizen under 15 years of age where the application for the machine-readable combined border crossing card and nonimmigrant visa is made in Mexico by a person who has at least one parent or guardian who has a visa or is applying for a machine-readable combined border crossing card and nonimmigrant visa as well. This revised fee is proposed to take effect on April 21, 1999, as provided by the law. Pub. L. 107-277 Section 410 (b)(3) states: ``Notwithstanding any other provision of law, the Secretary of State shall set the amount of the fee . . . at a level that will ensure the full recovery by the Department of State of the costs of processing such machine readable nonimmigrant visas and machine readable combined border crossing cards and nonimmigrant visas, including the costs of processing the machine readable combined border crossing cards and nonimmigrant visas for which the fee is reduced pursuant to this subsection.'' A cost analysis determined that the $13 fee would cover the cost of production of the combined machine-readable border crossing card and nonimmigrant visa for qualifying Mexican citizens. Given this and the fact that the $45 fee is based on world wide average of processing visas and given the small percentage of the worldwide workload this new fee affects and the cost of production of the machine readable combined border crossing card and nonimmigrant visa, it is not anticipated that the reduction in the fee for this group will mandate a change in the MRV processing fee worldwide in order to comply with the full cost recovery provisions of the law.

Diplomatic Visas for Non-Official Travel

The second item in this rule amends items 55 and 57 of the Schedule of fees for Consular Services by adding an exemption from the visa processing and issuance fees for certain applicants applying for diplomatic visas for non-official travel to the U.S. Exempting these categories of visas from the visa processing and issuance fees is consistent with diplomatic practice worldwide. Officials of foreign governments regularly apply for visas for non-official travel to the U.S. through diplomatic channels. These applications, when submitted under diplomatic note but without the fee, must currently be returned for resubmission, causing delays and adding to the cost of service. In addition, they generate complaints to senior U.S. officials and often require comprehensive explanations to clarify the reason for the return of the visa application. The exemption from processing and issuance fees of these visas is in the interest of the U.S. government, as these officials and their immediate family members play pivotal roles in U.S. relations with their countries. Encouraging personal travel of foreign government officials and their immediate family members has long term positive impact on the achievement of U.S. policy goals because it contributes to understanding of U.S. culture and policies. This amendment is proposed to take effect March 1, 1999.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980, as amended in 1996 (5 U.S.C. Chapter 6), requires the Federal government to anticipate and minimize the impact of rules and paperwork requirements on small entities. Such entities are defined as small businesses (those with fewer than 500 employees), small non-profit organizations (those with fewer than 500 employees), and small governmental entities (those in areas with fewer than 50,000 residents). The Department has assessed the potential impact of the Rule, and the Undersecretary for Management by approving it certifies that it will not have a significant economic effect on a substantial number of small entities. It imposes no requirements on such entities. In addition, pursuant to the Small Business Regulatory Fairness Act (U.S.C. Chapter 8), the Department has screened the Rule and determines that it is not a ``major rule,'' as defined in 5 U.S.C. 804(2). It will not result in an annual effect on the economy of $100,000 or more; a major increase in cost or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of US-based companies in domestic and export markets.

Paperwork Reduction Act

No new information requirements are contained in this rule.

Executive Orders 12866 and 12988

This rule is exempt from Executive Order 12866 but has been reviewed internally by the Department to ensure consistency with the objective thereof. This rule has also been reviewed as required by Executive Order 12988 and determined to be in compliance therewith.

Executive Order 12612

This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

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 $100,000 or more in any one 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 (2U.S.C. 1501 et seq.) and Executive Order 12875.

Proposed Rule

List of Subjects in 22 CFR Part 22

Passports and visas, Schedule of consular fees. Accordingly, this rule proposes to amend 22 CFR part 22 as follows:

PART 22--[AMENDED]

1. The authority citation for part 22 continues to read as follows:

Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 214, 250(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; 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.

2. In Sec. 22.1 by revising items 54, 55(a) and 57(a) to read as follows:

Sec. 22.1 Schedule of fees.

------------------------------------------------------------------------ Item No. Fee ------------------------------------------------------------------------ * * * * * 54. Nonimmigrant visa application and combined border crossing card and nonimmigrant visa processing fees: (a) Nonimmigrant visa.................................... $45.00 (b) Combined border crossing card and nonimmigrant visa (age 15 and over)....................................... $45.00

(c) Combined border crossing card and nonimmigrant visa (under age 15) [for Mexican citizen if parent or guardian has or is applying for a combined border crossing card and nonimmigrant visa].................... 13.00 55. EXEMPTIONS from nonimmigrant visa application processing fee: (a) Applicants for diplomatic visas, as defined in 22 CFR 41.26................................................... No fee * * * * * 57. EXEMPTIONS from nonimmigrant visa issuance fee: (a) Applicants for diplomatic visas, as defined in 22 CFR 41.26 No fee * * * * * ------------------------------------------------------------------------

Dated: January 20, 1999. Bonnie R. Cohen, Under Secretary for Management. [FR Doc. 99-2697 Filed 2-9-99; 8:45 am] BILLING CODE 4710-06-P