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[Federal Register: April 2, 2001 (Volume 66, Number 63)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
Bureau of Consular Affairs\
22 CFR Part 41
[Public Notice 3627]
Visas: Nonimmigrant Visa Fees--Fee Reduction for Border Crossing
Cards for Mexicans Under Age 15
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Final rule.
SUMMARY: This rule amends the Department's regulation regarding the
collection of fees for certain Mexican citizens under the age of 15 who
are applying in Mexico for a machine-readable combined border crossing
card and nonimmigrant visa. The change in the regulation is
necessitated by a chang in pertinent legislation. The effect of the
change is to authorize consular officers to collect reduced fees in
DATES: This rule takes effect on April 2, 2001.
FOR FURTHER INFORMATION CONTACT: Pam Chavez, Office of Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1206.
Why Is the Department Amending the Regulation?
Public law 103-236 authorized the Department to collect a surcharge
for processing the machine-readable combined border crossing card and
nonimmigrant visa. Section 410 of Pub. L. 105-277 reduced the fee for
certain Mexican citizens under the age of 15, if the application 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. The Department is, therefore,
its regulation at 22 CFR 41.107 to comport with the statute.
How Is the Department Amending Its Regulation?
The Department is amending 22 CFR 41.107(e) by adding a new
paragraph authorizing consular officers to collect a reduced visa
processing fee from certain Mexican citizens under the age of 15. The
fee, to be designated by the Secretary of State, shall be in an amount
that will recover only the cost of manufacturing the combined B-1/B-2/
BCC. The statute specifies that such combined border crossing card and
nonimmigrant visa shall be valid for 10 years or until such time as the
child reaches the age of 15, whichever occurs first.
Administrative Procedure Act
The Department's implementation of this regulation as a final rule
is based upon the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B)
and (d)(3). Since this rule provides for a reduction of fees thus
bestowing a benefit on a certain class of aliens, the Department does
not feel it necessary to publish a proposed rule nor a need to solicit
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, certified 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 $100
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, and the Office of Management and
Budget has waived its review process under section 6(a)(3)(A).
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 warrant the preparation of a
federalism summary impact statement.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
List of Subjects in 22 CFR Part 41
Aliens, nonimmigrants, passports and visas.
Accordingly, this rule amends 22 CFR part 41 as follows:
1. The authority citation for Part 41 shall continue to read:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681 et
2. Amend 22 CFR 41.107 by designating paragraph (e) as paragraph
(e)(1) and adding a new paragraph (e)(2) to read as follows:
Sec. 41.107 Visa fees.
* * * * *
(e)(1) * * *
(2) Notwithstanding paragraph (e)(1) of this section, a consular
officer shall collect or insure the collection of a processing fee for
a machine-readable combined border crossing card and nonimmigrant visa
in an amount determined by the Secretary and set forth in 22 CFR 22.1
to be sufficient only to cover the cost for manufacturing the combined
card and visa if:
(i) The alien is a Mexican citizen under the age of 15;
(ii) The alien is applying in Mexico; and
(iii) The alien has at least one parent or guardian who has a visa
or is applying for a machine-readable combined border crossing card and
Dated: March 16, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 01-8038 Filed 3-30-01; 8:45 am]
BILLING CODE 4710-10-U
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