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[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]                         
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.

------------------------------------------------------------------------
                Item No.                               Fee
------------------------------------------------------------------------
                    Passport and Citizenship Services
------------------------------------------------------------------------

*                  *                  *                  *
                  *                  *                  *
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.

*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

    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]
BILLING CODE 4710-06-U

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