[Federal Register: February 16, 1999 (Volume 64, Number 30)] [Rules and Regulations] [Page 7501-7502] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16fe99-7] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Customs Service 19 CFR Parts 101 and 122 [T.D. 99-9] Establishment of Port of Entry in Fort Myers, Florida AGENCY: Customs Service, Department of the Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends the Customs Regulations pertaining to the field organization of the Customs Service by designating Fort Myers, Florida, as a port of entry. The geographical area of the new port consists of both Lee and Collier Counties in Florida, including Southwest Florida International Airport and the foreign trade zone at Immokalee Regional Airport. The change is being made as part of Customs continuing program to obtain more efficient use of its personnel, facilities, and resources, and to provide better service to carriers, importers and the general public. EFFECTIVE DATE: March 18, 1999. FOR FURTHER INFORMATION CONTACT: Harry Denning, Office of Field Operations, 202-927-0196. SUPPLEMENTARY INFORMATION: Background In a Notice of Proposed Rulemaking (NPRM) published in the Federal Register (63 FR 13025) on March 17, 1998, Customs proposed to amend the Customs Regulations pertaining to the field organization of the Customs Service by designating Fort Myers, Florida, as a port of entry. Customs proposed that Fort Myers be designated as a port of entry because it meets the current standards for port of entry designations set forth in T.D. 82-37, as revised by T.D. 86-14 and T.D. 87-65. The geographical boundaries of the proposed port were to be the same as those of Lee County, Florida, including Southwest Florida International Airport. It was also proposed to remove the user fee designation of Southwest Florida International Airport. Five comments were received in response to the proposal. Analysis of Comments Comment: The commenters all supported the designation of Lee County including Southwest Florida International Airport as a Customs port of entry. In addition, they all requested that the port limits be expanded to include Collier County as well as Lee County. According to the commenters, Collier County is one of the fastest growing areas in the country. Its rapid population growth is projected to continue into the next century, with population doubling by the year 2020. Collier County is involved in international trade by virtue of its foreign trade zone at Immokalee Regional Airport, created by the Department of Commerce in 1997, and the foreign trade zone workload is projected to increase. Response: Customs believes that the commenters have presented sufficient information about the benefits of including Collier County in the new port to expand the geographical description of Fort Myers to include Collier County. Ample evidence has been provided to convince Customs that because Collier County is a growing county with regard to population, trade and economic structure, the economic viability of a Fort Myers port of entry will be enhanced by the inclusion of Collier County. Customs believes that the new two-county port can be efficiently managed by available Customs resources. Conclusion As part of a continuing program to obtain more efficient use of its personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public, Customs is amending Secs. 101.3(b)(1) and 122.15(b), Customs Regulations (19 CFR 101.3(b)(1) and 122.15(b)), by designating Fort Myers, Florida, as a port of entry and removing the designation of Southwest Florida Regional Airport as a user fee airport. Port Limits The geographic area of the port of Fort Myers consists of Lee County, Florida, including Southwest Florida International Airport, and Collier County, Florida, including the foreign trade zone at Immokalee Regional Airport. Regulatory Flexibility Act and Executive Order 12866 Customs establishes, expands and consolidates Customs ports of entry throughout the United States to accommodate the volume of Customs-related activity in various parts of the country. Although a notice was issued for public comment on this subject matter, because the subject matter relates to agency management and organization, it is not subject to the notice and public procedure requirements of 5 U.S.C. 553. Accordingly, this document is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Agency organization matters such as this are exempt from consideration under Executive Order 12866. Drafting Information The principal author of this document was Janet L. Johnson, Regulations Branch. However, personnel from other offices participated in its development. [[Page 7502]] List of Subjects 19 CFR Part 101 Customs duties and inspection, Exports, Imports, Organization and functions (Government agencies). 19 CFR Part 122 Administrative practice and procedure, Air carriers, Aircraft, Airports, Customs duties and inspection, Freight, Reporting and recordkeeping requirements. Amendments to the Regulations For the reasons set forth above, part 101 and part 122 of the Customs Regulations are amended as set forth below. PART 101--GENERAL PROVISIONS 1. The general authority citation for part 101 and the specific authority citation for Sec. 101.3 continue to read as follows: Authority: 5 U.S.C. 301, 19 U.S.C. 2, 66, 1202 (General Note 20, Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a. Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b; * * * * * Sec. 101.3 [Amended] 2. The list of ports in Sec. 101.3(b)(1) is amended by adding, in alphabetical order under the state of Florida, ``Fort Myers'' in the ``Ports of entry'' column and ``T.D. 99-9 `` in the adjacent ``Limits of port'' column. PART 122--AIR COMMERCE REGULATIONS 1. The general authority for part 122 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a. Sec. 122.15 [Amended] 2. The list of user fee airports in Sec. 122.15(b) is amended by removing ``Fort Myers, Florida'' from the ``Location'' column and, on the same line, ``Southwest Florida Regional Airport'' from the ``Name'' column. Raymond W. Kelly, Commissioner of Customs. Approved: January 15, 1999. John P. Simpson, Deputy Assistant Secretary of the Treasury. [FR Doc. 99-3472 Filed 2-12-99; 8:45 am] BILLING CODE 4820-02-P