[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-23717] [[Page Unknown]] [Federal Register: September 26, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE Bureau of Consular Affairs 22 CFR Parts 22 and 51 [PN 2083] Fee for Expedited Passport Processing agency: Bureau of Consular Affairs, Department of State. action: Interim final rule with request for comment. ----------------------------------------------------------------------- summary: This rule amends the Schedule of Consular Fees and the passport regulations to reflect that an additional fee will be charged within the United States for expediting the processing of passports. The service will be provided upon payment of the fee when requested by the applicant and justified by urgent departure plans. The rule establishes what service is provided for the fee; establishes when the fee will be charged; sets the amount of the fee; establishes the documentation the applicant will need to present to obtain the service; defines the limited situations when the fee will not be charged; provides for a refund when expedited services cannot be given; and provides that the after hours surcharge for consular services will not be charged within the United States. dates: Effective Date: October 1, 1994. Comments: Interested persons are invited to submit written comments on or before November 1, 1994. addresses: Director, Office of Passport Policy and Advisory Services, 1111-19th Street NW., Washington, DC 20522-1705. for further information contact: William B. Wharton, Director, Office of Passport Policy and Advisory Services, 1111-19th Street NW., Washington, DC 20522-1705. Tel. (202) 955-0221. supplementary information: On August 26, 1994, the President signed into law Public Law 103-317, the Department of State and Related Agencies Appropriations Act, 1995. The Diplomatic and Consular Programs appropriation in this Act provides that ``all receipts received from a new charge from expedited passport processing'' shall, in effect, be retained by the Department of State in the ``Diplomatic and Consular Programs account'' and available until expended. See S. Rept. 103-309, at 123 (July 14, 1994). To utilize this new fee retention authority consistent with congressional intent, the Department of State is, in this rule, establishing a new fee for expedited passport processing. The Department already has specific authority to establish passport fees under 22 U.S.C. 214, as amended (which normally requires that fees be collected into the U.S. Treasury). The Department also is authorized to establish fees for passport related services under 31 U.S.C. 9701, a reference to which is being added to the authorities section of 22 CFR part 51. Public Law 103-317 authorizes the Department to retain the new fee for expedited passport processing. The Schedule of Fees for Consular Services, 22 CFR 22.1 is amended to add Item 14, Passport Expedite Fee and to limit the application of the after hours fee, Item 93, to posts abroad. The after-hours fee has been used domestically only in cases where passport agencies were open after hours to process urgent passport requests. These costs will now be subsumed in the expedited processing fee. 22 CFR part 51 is amended to add section 51.67 to provide for the expedited processing of a passport within the United States upon payment of the passport expedite fee. Section 51.64(f) is added to provide for a refund of the expedite fee when the expedited service is not, in fact, provided. The new fee will be in addition to any other applicable fee. The expedite fee will not cover the cost of urgent mailing fees, if required. The new fee is being set at $30.00, consistent with the Department's consultations with Congress before Public Law 103-317 was enacted. This fee will ensure that the costs of processing passports on an expedited basis, as reflected in the Department's 1991 consular fees cost study, are borne by those who receive that service and that the Department recovers additional costs associated with implementing this fee and eliminating the separate charge for overtime work. (As noted by Congress, for example, up to 60% more time is required to process a passport application on an expedited basis than to provide normal processing services.) If expedited processing is granted, the Department, through the Passport Agencies, will undertake to process the passport within three business days. The expedited service covered by the new fee begins when the application is received by a Passport Agency through personal delivery; by mail; or, if the application is already at an Agency, when the request to expedite is approved. If the applicant's planned departure is within fewer than three days, the Passport Agency may be able to accommodate this shorter period. There will be situations in which expedited passport processing cannot be completed within three days. Such circumstances could include cases in which the applicant does not submit adequate documentation; the applicant is the subject of an unresolved civil or criminal law enforcement matter; or, passport equipment breaks down. The Department expects that these situations will be very rare. In such circumstances, the applicant will be notified and the fee will be refunded. The rule provides for waiver of the expedite fee in cases where the need for expedited processing results from a mistake by the Department in processing the application. No waiver of the fee will otherwise be made. To ensure that expedited processing is used only by those who have urgent travel plans, the regulation requires a person requesting this service to provide confirmed tickets or an itinerary showing his or her imminent departure in less than ten days or showing special visa needs. This rule takes effect on October 1, 1994, the beginning of Fiscal Year 1995, the fiscal year covered by Public Law 103-317. The implementation of this rule as an interim final rule with provision for post-promulgation comments is based upon the ``good cause'' exception found at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). Delay in implementing this provision of Public Law 103-317 would be contrary to congressional expectations that the Department will begin collection of this fee at the beginning of FY 1995. This rule is not expected to have a significant impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. In addition, this rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act of 1980. This rule has been reviewed as required by E.O. 12778 and certified to be in compliance therewith. This rule is exempt from review under E.O. 12866, but has been reviewed internally by the Department to ensure consistency with the objectives thereof. List of Subjects in 22 CFR Part 22 and Part 51 Passports and visas, Schedule of fees for consular services. PART 22--[AMENDED] For the reasons set forth in the preamble, 22 CFR is amended as follows: 1. The authority citation for Part 22 is revised to read as follows: Authority: Secs. 3, 4, 63 Stat. 111, as amended; 22 U.S.C. 211a, 214; 2651, 2658, 3921, 4219; 31 U.S.C. 9701; Title V, Pub. L. 103- 317, 108 Stat. 1724; E.O. 10718, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570, unless otherwise noted. 2. Section 22.1 is amended by adding Item 14 under ``Passport and Citizenship Services'' to read as follows: Sec. 22.1 Schedule of fees. ------------------------------------------------------------------------ Item No. Fee ------------------------------------------------------------------------ ------------------------------------------------------------------------ * * * * * 14. Expedited Passport Processing Within the United States--30.00. * * * * * 3. Item 93 of Sec. 22.1 is amended by removing the words ``in the United States or''; by removing the comma and inserting the word ``or'' between ``Consul General'' and ``the supervising consular officer''; and, by removing the words ``or the Passport Agency Director''. 4. The authority citation for Part 51 is revised to read as follows: Authority: 22 U.S.C. 211a, as amended; 22 U.S.C. 2658, 3926; sec. 122(d)(3), Pub. L. 98-164, 97 Stat. 1017; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570; Pub. L. 100-690; sec. 129, Pub. L. 102-138, 105 Stat. 661; sec. 503, Pub. L. 102-140, 105 Stat. 820; Title V, Pub. L. 103-317, 108 Stat. 1724, unless otherwise noted. 5. Section 51.64 is amended by adding paragraph (f) to read as follows: Sec. 51.64 Refunds. * * * * * (f) The passport expedite fee will be refunded if the Passport Agency does not provide the requested expedited processing as defined in Sec. 51.67. 6. Section 51.67 is added, to read as follows: Sec. 51.67 Expedited passport processing. (a) Within the United States, an applicant for a passport service (including issuance, amendment, extension or the addition of visa pages) may request expedited processing by a Passport Agency. (b) Expedited passport processing shall mean completing processing within 3-business days commencing when the application reaches a Passport Agency or, if the application is already with a Passport Agency, commencing when the request for expedited processing is approved. The processing will be considered completed when the passport is ready to be picked up by the applicant or is mailed to the applicant. (c) The fee for expedited service is $30.00. This amount will be in addition to any other applicable fee and does not include urgent mailing costs, if any. (d) A request for expedited processing normally will be accepted only if the applicant can document urgent departure with airline tickets showing confirmed reservation or similar evidence. The Passport Agency may decline to accept the request if it is apparent at the time it is made that the request cannot be granted. (e) The expedite fee may be waived only where the need for expedited processing was necessary due to Department error, mistake or delay. Dated: September 16, 1994. Mary A. Ryan, Assistant Secretary for Consular Affairs. [FR Doc. 94-23717 Filed 9-23-94; 8:45 am] BILLING CODE 4710-06-P