Rule2021-12417
Schedule of Fees for Consular Services-Fee Change for Certain Border Crossing Cards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 15, 2021
Effective
June 15, 2021
Issuing agencies
State Department
Abstract
The Department of State amends the Schedule of Fees for Consular Services (Schedule) for visa fees. More specifically, the rule amends the Border Crossing Card fee paid by a Mexican citizen under age 15 whose parent or guardian has or is applying for a border crossing card (the ``reduced Border Crossing Card fee''). The Department is decreasing this fee in light of the expiration of the authority provided by the Emergency Afghan Allies Extension Act of 2014, which imposed a temporary $1 surcharge on the fees for Machine Readable Visa (MRV) and Border Crossing Card (BCC) application processing, to be deposited into the general fund of the Treasury. This provision required the Department of State to start collecting this surcharge on January 1, 2015, and it expired five and a half years after the first date on which the surcharge was collected, on June 30, 2020. The Department must reduce the reduced Border Crossing Card fee by $1, for a total fee of $15, to continue to collect the legislatively required fee amount of $13 and all remaining applicable surcharges.
Full Text
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<title>Federal Register, Volume 86 Issue 113 (Tuesday, June 15, 2021)</title>
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[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Rules and Regulations]
[Pages 31614-31616]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12417]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 11195]
RIN 1400-AF15
Schedule of Fees for Consular Services--Fee Change for Certain
Border Crossing Cards
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State amends the Schedule of Fees for
Consular Services (Schedule) for visa fees. More specifically, the rule
amends
[[Page 31615]]
the Border Crossing Card fee paid by a Mexican citizen under age 15
whose parent or guardian has or is applying for a border crossing card
(the ``reduced Border Crossing Card fee''). The Department is
decreasing this fee in light of the expiration of the authority
provided by the Emergency Afghan Allies Extension Act of 2014, which
imposed a temporary $1 surcharge on the fees for Machine Readable Visa
(MRV) and Border Crossing Card (BCC) application processing, to be
deposited into the general fund of the Treasury. This provision
required the Department of State to start collecting this surcharge on
January 1, 2015, and it expired five and a half years after the first
date on which the surcharge was collected, on June 30, 2020. The
Department must reduce the reduced Border Crossing Card fee by $1, for
a total fee of $15, to continue to collect the legislatively required
fee amount of $13 and all remaining applicable surcharges.
DATES: This rule is effective on June 15, 2021.
FOR FURTHER INFORMATION CONTACT: Rob Schlicht, Management Analyst,
Office of the Comptroller, Bureau of Consular Affairs, Department of
State; phone: 202-485-6681, telefax: 202-485-6826; email:
<a href="/cdn-cgi/l/email-protection#88eeededfbc8fbfce9fceda6efe7fe"><span class="__cf_email__" data-cfemail="c1a7a4a4b281b2b5a0b5a4efa6aeb7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
This final rule makes changes to the Schedule of Fees for Consular
Services of the Department of State's Bureau of Consular Affairs. The
Department sets and collects its fees based on the concept of full cost
recovery, but some fees are set by statute. The Department of State is
adjusting the reduced Border Crossing Card fee in light of the
expiration of the authority provided by the Emergency Afghan Allies
Extension Act of 2014, section 2, Public Law 113-160 (``the Act''),
which imposed a temporary $1 surcharge on fees for MRV and BCC
application processing.
What is the authority for this action?
The Department of State derives the general authority to set fees
based on the cost of the consular services it provides, and to charge
those fees, from the general user charges statute, 31 U.S.C. 9701. See,
e.g., 31 U.S.C. 9701(b)(2)(A) (``The head of each agency . . . may
prescribe regulations establishing the charge for a service or thing of
value provided by the agency . . . based on . . . the costs to the
government.''). As implemented through Executive Order 10718 of June
27, 1957, 22 U.S.C. 4219 further authorizes the Department to establish
fees to be charged for official services provided by U.S. embassies and
consulates. Other authorities allow the Department to charge fees for
consular services, but not to determine the amount of such fees, as the
amount is statutorily determined.
The Department of State is required by law to collect a Border
Crossing Card application processing fee for a Mexican citizen under
age 15 whose parent or guardian has or is applying for a border
crossing card. Public Law 105-277, Div. A, Sec. 101(b), 112 Stat. 2681-
50, 1681-102. That fee is set by statute at $13. Additional statutes
imposed surcharges that previously brought the fee to a total of $16.
The Department is reducing the Border Crossing Card application
processing fee for these Mexican citizen minors by $1 to $15 to reflect
the expiration of the authority provided by the Act, which imposed a
temporary $1 surcharge on fees for MRV and BCC application processing.
Why is this BCC fee $15 instead of $13?
In addition to the statutory $13 fee for BCCs for these Mexican
citizen minors, Public Law 110-293, Title V, Sec. 501, 122 Stat. 2968,
reproduced at 8 U.S.C. 1351 (note) requires the Secretary of State to
collect a $2 surcharge (the ``HIV/AIDS/TB/Malaria surcharge'') on all
MRVs and BCCs as part of the application processing fee; this surcharge
must be deposited into the Treasury and goes to support programs to
combat HIV/AIDS, tuberculosis, and malaria.
Since the authority provided by the Act to collect an additional $1
surcharge on fees for MRV and BCC application processing expired on
June 30, 2020, the Department has already administratively adjusted the
reduced Border Crossing Card fee to reflect the expiration of this
authority. This rulemaking adjusts the Schedule of Fees (22 CFR 22.1)
accordingly.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a final rule, with an
effective date less than 30 days from the date of publication, based on
the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and
553(d)(3). The APA permits a final rule to become effective fewer than
30 days after the publication if the issuing agency finds good cause. 5
U.S.C. 553(d)(3).
The Department finds that good cause exists to forego notice and
comment and establish an early effective date for this rulemaking
because the authority provided by the Act to collect a temporary $1
surcharge on fees for MRV and BCC application processing, expired on
June 30, 2020, thereby eliminating any potential agency discretion with
respect to this surcharge and rendering notice and comment unnecessary
and impracticable.
Regulatory Flexibility Act
Since this rulemaking is exempt from notice and comment, the
Regulatory Flexibility Act does not apply. However, the Department has
nonetheless reviewed this rule and, by approving it, certifies that it
will not have a significant economic impact on a substantial number of
small entities as defined in 5 U.S.C. 601(6). This rule decreases the
Border Crossing Card application processing fee for certain Mexican
citizen minors.
Unfunded Mandates 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, 2
U.S.C. 1501-1504.
Congressional Review Act
This rule is not a major rule as defined by 5 U.S.C. 804(2).
Executive Orders 12866 and 13563
The Department has reviewed this rule to ensure its consistency
with the regulatory philosophy and principles set forth in the
Executive Orders. This rule is necessary in light of expiration of the
authority provided by the Emergency Afghan Allies Extension Act of
2014, which imposed a temporary $1 surcharge on fees for MRV and BCC
application processing. As a result, the reduced Border Crossing Card
fee will be reduced by $1 from $16 to $15.
Details of the fee changes are as follows:
[[Page 31616]]
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Estimated Estimated
Percentage number of change in
Item No. Fee Unit cost Current fee Change in fee increase applications annual fees
affected \1\ collected \2\
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SCHEDULE OF FEES FOR CONSULAR SERVICES
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* * * * * * *
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NONIMMIGRANT VISA SERVICES
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21. Nonimmigrant Visa Application and
Border Crossing Card Processing Fees
(per person):
(f) Border crossing card--under age $15 (\3\) $16 $1 -6.25 200,846 ($200,846)
15; for Mexican citizens if parent
or guardian has or is applying for
a border crossing card (valid 10
years or until the applicant
reaches age 15; whichever is
sooner)............................
* * * * * * *
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\1\ Based on FY 2019 workload.
\2\ Using FY 2019 workload to generate collections. This will be a reduction in total annual remittance to Treasury.
\3\ The fee for Border Crossing Card applications by minors is statutorily set at $13.
Executive Order 13771
This regulation is not an E.O. 13771 regulatory action because it
is not a significant rulemaking under E.O. 12866.
Executive Orders 12372 and 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, nor does
it 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 13175
The Department has determined that this rulemaking will not have
tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
This rule does not create or revise any reporting or record-keeping
requirements.
List of Subjects in 22 CFR Part 22
Consular services, Fees.
Accordingly, for the reasons stated in the preamble, 22 CFR part 22
is amended as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
1. The authority citation for part 22 continues to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1157 note, 1183a note,
1184(c)(12), 1201(c), 1351, 1351 note, 1713, 1714, 1714 note; 10
U.S.C. 2602(c); 22 U.S.C. 214, 214 note, 1475e, 2504(h), 2651a,
4206, 4215, 4219, 6551; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632
(1957); E.O. 11295, 31 FR 10603 (1966).
0
2. In Sec. 22.1, amend the table by revising entry 21(f) under the
heading ``Nonimmigrant Visa Services'' to read as follows:
Sec. 22.1 Schedule of fees.
The following table sets forth the changes to the following
category listed on the U.S. Department of State's Schedule of Fees for
Consular Services:
Schedule of Fees for Consular Services
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Item No. Fee
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* * * * * * *
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NONIMMIGRANT VISA SERVICES
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* * * * * * *
21. * * *
(f) Border crossing card--under age 15; for Mexican $15
citizens if parent or guardian has or is applying
for a border crossing card (valid 10 years or until
the applicant reaches age 15, whichever is sooner).
* * * * * * *
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Ian Brownlee,
Acting Assistant Secretary of State for Consular Affairs Department of
State.
[FR Doc. 2021-12417 Filed 6-14-21; 8:45 am]
BILLING CODE 4710-06-P
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