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[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Rules and Regulations]               
[Page 61800-61801]
From the Federal Register Online via GPO Access []



22 CFR Part 62

RIN 1400-AC38
[Public Notice 5977]

Exchange Visitor Program--Fees and Charges for Exchange Visitor 
Program Services

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: On June 22, 2007, the Department of State published a Proposed 
Rule to revise its regulations regarding fees and charges for Exchange 
Visitor Program services. These proposed regulations are adopted 
without change. The fees permit the Department to recoup the cost of 
providing such Exchange Visitor Program services.

DATES: Effective Date: This rule is effective December 3, 2007.

FOR FURTHER INFORMATION CONTACT: Stanley S. Colvin, Director, Office of 
Exchange Coordination and Designation, U.S. Department of State, SA-44, 
301 4th Street, SW., Room 734, Washington, DC 20547; 202-203-5096 or e-
mail at

SUPPLEMENTARY INFORMATION: The Department published a proposed rule, 
Public Notice 5837 at 72 FR 34419-34424, June 22, 2007, with a request 
for comments, removing regulations presently set forth at 22 CFR Part 
62, Subpart H--``Fees'', Sec.  62.90 and adding a new Sec.  62.17 
(``Fees and Charges'') containing all of the fees and charges for 
Exchange Visitor Program services. The rule was discussed in detail in 
Public Notice 5837, as were the Department's reasons for the other 
changes to the regulations. The Department received eight comments and 
is now promulgating a final rule with no changes from the proposed 

Comment Analysis

    The Department received eight comments. One was from a private 
organization, and due to rising costs found the new fees wholly 
acceptable. One comment had no relevance to the proposed rule. Six 
comments were from academic institutions that opined that the new fees 
may prove problematic due to their institutional budget cycles. The 
Department is of the opinion that the new redesignation fee of $1,748, 
due every two years, imposes little or no hardship on the U.S. higher 
education community and notes that only six of more than 900 such 
institutions responded to this notice.

Regulatory Findings

Administrative Procedure Act

    This regulation involves a foreign affairs function of the United 
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not 
subject to the rule making procedures set forth at 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business.

    This rule is not subject to the notice-and-comment rulemaking 
provisions of the Administrative Procedure Act or any other act and, 
accordingly it does not require analysis under the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.) and Executive Order 13272, 
section 3(b).

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
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.

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, Public Law 104-
121. 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 United States-based companies to compete 
with foreign-based companies in domestic and import markets.

[[Page 61801]]

Executive Order 12866: Regulatory Review

    The Department of State has reviewed this rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of the 
proposed regulation justify its costs. The Department does not consider 
the rule to be an economically significant action within the scope of 
section 3(f)(1) of the Executive Order, since it is not likely to have 
an annual effect on the economy of $100 million or more or to adversely 
affect in a material way the economy, a sector of the economy, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities.

Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or 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. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this regulation.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the proposed regulations in light of 
sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate 
ambiguity, minimize litigation, establish clear legal standards and 
reduce burden.

Paperwork Reduction Act

    This rule does not impose information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

List of Subjects in 22 CFR Part 62

    Cultural Exchange Programs.

Accordingly, 22 CFR part 62 is amended as follows:


1. The Authority citation for part 62 is revised to read as follows:

    Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 1184, 1258; 22 U.S.C. 
1431-1442, 2451-2460; Pub. L. 105-277, Div. G, 112 Stat. 2681-761 et 
seq.; Reorganization Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; 
E.O. 12048 of March 27, 1978; 3 CFR, 1978 Comp. p. 168; Pub. L. 104-
208, Div. C, 110 Stat. 3009-546, as amended; Pub. L. 107-56, Sec. 
416, 115 Stat. 354; and Pub. L. 107-173, 116 Stat. 543.

2. Section 62.17 is added to read as follows:

Sec.  62.17  Fees and charges.

    (a) Remittances. Fees prescribed within the framework of 31 U.S.C. 
9701 must be submitted as directed by the Department and must be in the 
amount prescribed by law or regulation.
    (b) Amounts of fees. The following fees are prescribed for Fiscal 
Years 2008-2009 (October 1, 2007--September 30, 2009):
    (1) For filing an application for program designation and/or 
redesignation (Form DS-3036)--$1,748.
    (2) For filing an application for extension beyond the maximum 
duration, change of category, reinstatement, reinstatement-update SEVIS 
status, ECFMG-sponsorship authorization, and permission to issue--$246.

Subpart H  [Removed]

3. Remove Subpart H consisting of Sec.  62.90.

    Dated: September 20, 2007.
Stanley S. Colvin,
Director, Office of Exchange Coordination and Designation, Bureau of 
Educational and Cultural Affairs, Department of State.
 [FR Doc. E7-21472 Filed 10-31-07; 8:45 am]