Consular Schedule of Fees/Decedent Estate Procedures

DEPARTMENT OF STATE

22 CFR Parts 72 and 92

[Public Notice 2718]

Consular Schedule of Fees/Decedent Estate Procedures

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: The Bureau of Consular Affairs is amending certain regulations

relating to fees charged for consular services to reflect changes being

made in the Schedule of Fees.

DATES: Effective date: February 1, 1998.

Comments: Although this rule takes effect February 1, 1998, persons

may submit written comments up to 30 days after the date of publication

of this rule. (March 11, 1998).

FOR FURTHER INFORMATION CONTACT: Edward A. Betancourt or Michael

Meszaros, Overseas Citizens Services, Department of State, 2201 C

Street, NW, Room 4811, Washington, DC 20520, 202-647-3666.

SUPPLEMENTARY INFORMATION: This rule revises Secs. 72.14, 72.52, 72.53,

92.43 and removes Secs. 92.44 and 92.48 of Title 22 of the CFR. These

sections would otherwise conflict with the new Schedule of Fee

provisions, 22 CFR 22.2, taking effect February 1, 1998, or are now

unnecessary. The significant provisions affected at present provide (1)

For no fees to be charged for disposition of remains services rendered

by consular officers without regard to the nationality of the decedent

(2) for a fee for rendering services with respect to personal estates

of deceased U.S. citizens overseas that is different from the new fee

being established in 22 CFR 22.1 and (3) fees for protesting payment of

bills of exchange, which is no longer included in the Schedule of Fees.

Item No. 25 of the new Schedule of Fees 22 CFR 22.1, will provide,

effective February 1, 1998, for a fee of $700.00 for assistance

rendered in transshipment of the remains of a foreign national to or

through the United States. 22 CFR 72.14 is amended so this fee, found

in the recent fee study to be appropriate for the service rendered, can

be charged. The service will continue to be a no-fee service with

respect to the remains of a U.S. national.

Item No. 28 of the new Schedule of Fees will provide for an hourly

fee for certain services rendered in connection with personal estates

of U.S. citizens who die overseas, applicable to estates over $10,000.

The fee in 22 CFR 72.52 is based on the value of the estate rather than

the consular officers time and has no exemption. To ensure consistency

with the new fee schedule, Secs. 72.52 and 72.53(a) are being amended.

Minor technical changes are also being made in Sec. 72.53(a).

The new Schedule of Fees eliminates fees for protesting nonpayment

of bills of exchange. Therefore, 22 CFR 92.44, the CFR section that

provides instructions regarding this service, which is no longer

performed, is removed. Section 92.48 is also being removed because it

serves no apparent function. A minor technical change is also being

made to 22 CFR 92.43.

These regulations are not expected to have a significant economic

impact on a substantial number of small entities and are not major

rules for purposes of advance Congressional reporting under the

criteria of the Regulatory Flexibility Act. In addition, they will not

impose information collection requirements under the provisions of the

Paperwork Reduction Act of 1980, 44 U.S.C. Chapter 35. Nor do these

final rules have federalism implications warranting the preparation of

a Federalism Assessment in accordance with E.O. 12612. These final

rules have been reviewed under E.O. 12988 and determined to be in

compliance therewith. These rules are exempt from review under E.O.

12866 but have been reviewed internally and found to be consistent with

the objectives thereof.

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 considers the rule exempt from the advance

notice and comment procedures and believes that it is appropriate to

make the rule effective February 1 pursuant to the exceptions provided

in 5 U.S.C. 553(b) and 553(d)(3) for the following reasons. The rule

simply conforms related regulations to changes in the Schedule of Fees

for Consular Services that were published for notice and comment on

December 1, 1997, and that are scheduled to take effect on February 1.

Because the public was previously made aware of these changes in that

context, and because the Department is imminently taking action on the

Schedule of Fees in light of public comments received, providing for

additional notice and comment with respect to the conforming changes

being made here is unnecessary and would not be meaningful. Moreover,

it would be impracticable and contrary to the public interest to delay

the changes made by this rule, because doing so would result in a

confusing inconsistency between the Schedule of Fees and the rules

being amended herein. The Department believes the public interest is

best served by ensuring that the regulations amended herein are

conformed to other regulatory changes being made effective February 1.

List of subjects in

22 CFR Part 72

Estates and Foreign Service

22 CFR Part 92

Foreign service and Legal services.

Accordingly Parts 72 and 92 of Title 22 are amended as follows:

PART 72--DEATHS AND ESTATES

1. The authority citation for Part 72 continues to read as follows:

Authority: R.S. 1709, as amended, sec. 302, 60 stat. 1001; 22

U.S.C. 1175, 842.

[[Page 6480]]

2. Revise Sec. 72.14 to read as follows:

Sec. 72.14 Fees for disposing remains.

No fees are prescribed for services in connection with the

disposition of remains of United States citizens or nationals. Fees for

such services with respect to the remains of foreign nationals are as

prescribed in the Schedule of Fees, 22 CFR 22.1.

3. Revise Sec. 72.52 to read as follows:

Sec. 72.52 Fee services

Fees are charged for overseeing the appraisal, sale and final

disposition of the estate, disbursing funds, and forwarding securities,

etc., as provided in the Schedule of Fees, 22 CFR 22.1.

4. Revise paragraph (a) of Sec. 72.53 to read as follows:

Sec. 72.53 No-Fee services

* * * * *

(a) For taking possession of, making an inventory, placing the

official seal on the estate (real or personal property), or for

breaking or removing such seals Sec. 72.28-72.29);

* * * * *

PART 92--NOTARIAL AND RELATED SERVICES

5. The authority citation for Part 92 continues to read as follows:

Authority: 22 U.S.C. 2658, unless otherwise noted.

Sec. 92.43 [Amended]

6. Section 92.43 is amended by removing ``Notarial Services and

Authentications in the Tariff of Fees, foreign service of the United

States of America Sec. 22.1 of this chapter), unless the service is

performed under a ``no fee'' item of the same tariff'' and substituting

``Documentary services in the Schedule of Fees Sec. 22.1 of this

chapter), unless the service is performed under a ``no fee'' item of

the same caption of the Schedule.''

Secs. 92.44 and 92.48 [Removed]

7. Sections 92.44 and 92.48 are removed.

Dated: January 27, 1998.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 98-2962 Filed 2-6-98; 8:45 am]

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