[Federal Register: March 30, 2001 (Volume 66, Number 62)]
[Rules and Regulations]
[Page 17360-17361]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr01-12]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice 3625]
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State Department.
ACTION: Final rule.
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SUMMARY: This final rule amends the Schedule of Fees for Consular
Services. Specifically, it reduces to $0 the current $100 fee for
determination or adjudication of citizenship for applicants born abroad
who do not have previously issued U.S. Government documentary proof of
citizenship. Because the fee does not accurately reflect the cost of
the service, the Department is reducing the fee pending the next fee
study.
DATES: Effective March 30, 2001.
ADDRESSES: Office of the Executive Director, Bureau of Consular
Affairs, Department of State, SA-1, 10th Floor, 2401 E Street, NW.,
Washington, DC 20522-0111; fax (202) 663-2499.
FOR FURTHER INFORMATION CONTACT: Susan Abeyta, Office of the Executive
Director, Bureau of Consular Affairs, Department of State, SA-1, 10th
Floor, 2401 E Street, NW., Washington, DC 20522-0111; telephone (202)
663-2500 telefax (202) 663-2499; e-mail address AbeytaSK@state.gov.
SUPPLEMENTARY INFORMATION: This amendment to the Schedule of Fees is
published as a final rule because it will not have adverse impact on
the public and because it is important to have a final rule in place as
close in time as possible to the February 27, 2001 effective date of
the Child Citizenship Act of 2000 (CCA), Public Law 106-395. The
Department is reducing to $0 the current $100 fee for adjudication of
citizenship cases for persons born abroad who have no prior
documentation of their U.S. citizenship. This fee is applicable when a
U.S. citizen born abroad applying for a passport cannot present a
previous passport, a Consular Report of Birth Abroad, a Certificate of
Nationality or a Certificate of Citizenship. The $100 fee reflected the
fact that such persons typically are seeking to establish U.S.
citizenship long after their birth; as a result, adjudication of their
cases is relatively time consuming. At the time of the cost study
underlying the fee, the Department estimated that a fee of $100 would
ensure full cost recovery, allocate the cost to the actual users, and
be consistent with the fee established by the Immigration and
Naturalization Service for its comparable service, thus removing any
cost-based incentive for applicants to file with one agency over the
other. See 62 FR 63478, 63479-80 (Dec. 1, 1997).
The Department has decided to reduce the fee to $0 pending the next
fee study for a number of reasons. In practice, the amount of time
required by the category of cases varies so greatly that the fee seems
excessive in some cases that in fact require little time to adjudicate,
while in others it is far below cost recovery. While the $100 fee was
intended to average the costs involved over all users of the particular
service, the Department wishes to revisit this approach in light of the
wide variation in time required for cases covered by the fee. Also, the
number of cases to which the fee applies has been relatively small, so
that discontinuing the fee will not have a significant impact on fee
revenuses. In addition, the Child Citizenship Act of 2000 has created a
new class of persons who will be seeking citizenship documentation
service and who would be required to pay the $100 fee if it were
maintained. The Department believes it best to cease collecting the fee
until the cost of this service can be reviewed again.
The Department notes that it is in the process of examining its
fees in a number of areas, and that subsequent revisions to the fee
schedule may result in the restoration of this fee at an appropriate
level or the allocation of the cost of this service to other services
to ensure appropriate cost recovery. (Prior to the 1998 amendments to
the schedule of fees, the cost of this service was allocated to the
passport fee.)
Comment Period and Effective Date--Exceptions
This rule is being promulgated as a final rule without prior notice
and comment, and will take effect in less than 30 days after
publication. The Department has determined that the rule is exempt from
the advance notice and comment procedures of the Administrative
Procedures Act under 5 U.S.C. 553(b)(3)(B) (the ``good cause''
exception to notice and comment and 553(d)(3) (the good cause exception
to delayed effective date). The rule reduces a consular fee from $100
to zero and hence will benefit the public without causing any related
adverse impact. Moreover, it is important to have a final rule in place
as close in time as possible to the February 27, 2001 effective date of
the Child Citizenship Act of 2000 (CCA), Public Law 106-395.
This fee is established under the user charge statutes, 31 U.S.C.
9701 and 22 U.S.C. 4219, which authorizes the President (who delegated
his authority to the Secretary of State in Executive Order 10718 of
June 27, 1957), to prescribe the fees to be charged for official
services performed by U.S. embassies and consulates. Within the
Department, these authorities are delegated to the Under Secretary for
Management. There is no one in that position at present, but the Under
Secretary's authorities have been delegated by the Secretary to the
Assistant Secretary for Diplomatic Security until an Under Secretary
for Management is appointed.
The Schedule of Fees for Consular Services is set forth in 22 CFR
22.1, as most recently amended on September 7, 2000 (64 FR 54297).
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a final rule for the
reasons set forth above. The rule makes no substantive regulatory
changes.
[[Page 17361]]
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
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 $1
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 section 804 of the
Small Business Regulatory Enforcement 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 significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
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.
Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.
Therefore, in accordance with section 6 of Executive Order 13132,
it is determined that this rule does not have sufficient federalism
implications to require consultations or warrant the preparation of a
federalism summary impact statement.
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
Passports and visas.
Final Rule
Accordingly, this rule amends 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.
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.; 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. Sec. 22.1, revise item 4 in the table to read as follows:
Sec. 22.1 Schedule of fees.
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Item No. Fee
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Passport and Citizenship Services
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* * * *
* * *
4. Determination or adjudication of No fee.
U.S. citizenship for applicants born
overseas who have not presented a U.S.
passport, Report of Birth Abroad of a
Citizen of the United States, or
Certificate of Naturalization or
Citizenship from the Immigration and
Naturalization Service.
* * * *
* * *
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Dated: March 22, 2001.
David G. Carpenter,
Assistant Secretary for Diplomatic Security, Department of State.
[FR Doc. 01-7921 Filed 3-29-01; 8:45 am]