[Federal Register: August 22, 2003 (Volume 68, Number 163)]
[Rules and Regulations]
[Page 50697-50698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au03-8]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 122
[CBP Dec. 03-22]
User Fee Airports
AGENCY: Customs and Border Protection, Homeland Security.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to reflect the
designation of Williams Gateway Airport in Mesa, Arizona and Roswell
Industrial Air Center in Roswell, New Mexico as user fee airports and
to correct an error regarding the city in Texas in which the McKinney
Airport user fee airport is located. A user fee airport is one which
while not qualifying for designation as an international or landing
rights airport, has been approved by the Commissioner of the Bureau of
Customs and Border Protection (CBP) to receive, for a fee, the services
of a CBP officer for the processing of aircraft entering the United
States and their passengers and cargo.
EFFECTIVE DATE: August 22, 2003.
[[Page 50698]]
FOR FURTHER INFORMATION CONTACT: Richard Balaban, Office of Field
Operations, 202-927-0031.
SUPPLEMENTARY INFORMATION:
Background
Generally, a civil aircraft arriving from a place outside of the
United States is required to land at an airport designated as an
international airport. Alternatively, the pilot of a civil aircraft may
request permission to land at a specific airport and if landing rights
are granted, the civil aircraft may land at that landing rights
airport.
Section 236 of Pub. L. 94-573 (the Trade and Tariff Act of 1984),
codified at 19 U.S.C. 58b, created an option for civil aircraft
desiring to land at an airport other than an international or landing
rights airport. A civil aircraft arriving from a place outside of the
United States may ask for permission to land at an airport designated
by the Secretary of the Treasury as a user fee airport.
Pursuant to 19 U.S.C. 58b, an airport may be designated as a user
fee airport if the Secretary of the Treasury determines that the volume
of business at the airport is insufficient to justify the availability
of customs services at the airport and the governor of the state in
which the airport is located approves the designation. Generally, the
type of aircraft that would seek designation as a user fee airport
would be one at which a company, such as an air courier service, has a
specialized interest in regularly landing.
As the volume of business anticipated at this type of airport is
insufficient to justify its designation as an international or landing
rights airport, the availability of customs services is not paid for
out of appropriations from the general treasury of the United States.
Instead, the customs services are provided on a fully reimbursable
basis to be paid for by the user fee airport on behalf of the
recipients of the services.
The fees which are to be charged at user fee airports, according to
the statute, shall be paid by each person using the customs services at
the airport and shall be in the amount equal to the expenses incurred
by the Secretary of the Treasury in providing customs services which
are rendered to such person at such airport, including the salary and
expenses of those employed by the Secretary of the Treasury to provide
the customs services. To implement this provision, generally, the
airport seeking the designation as a user fee airport or that airport's
authority agrees to pay a flat fee annually and the users of the
airport are to reimburse that airport/airport authority. The airport/
airport authority agrees to set and periodically to review the charges
to ensure that they are in accord with the airport's expenses.
Sections 403(1) and 411 of the Homeland Security Act of 2002 (``the
Act,'' Pub. L. 107-296) transferred the United States Customs Service
and its functions from the Department of the Treasury to the Department
of Homeland Security; pursuant to section 1502 of the Act, the
President renamed the ``Customs Service'' as the ``Bureau of Customs
and Border Protection,'' also referred to as the ``CBP.''
The Commissioner of CBP, pursuant to Sec. 122.15, Customs
Regulations (19 CFR 122.15) designates airports as user fee airports
pursuant to 19 U.S.C. 58b. Section 122.15 sets forth the list of
designated user fee airports.
Thirty seven airports are currently listed in Sec. 122.15. This
document revises the list of user fee airports. It adds Williams
Gateway Airport in Mesa, Arizona, and Roswell Industrial Air Center in
Roswell, New Mexico, to this listing of designated user fee airports.
It also corrects the location of McKinney Municipal Airport from
Dallas, Texas, to McKinney, Texas.
Regulatory Flexibility Act and Executive Order 12866
Because no notice of proposed rulemaking is required for this final
rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) do not apply. Agency organization matters such as this amendment
are exempt from consideration under Executive Order 12866.
Inapplicability of Public Notice and Delayed Effective Date
Requirements
Because this amendment merely updates and corrects the list of user
fee airports designated by the Commissioner of CBP in accordance with
19 U.S.C. 58b and neither imposes any additional burdens on, nor takes
away any existing rights or privileges from, the public, pursuant to 5
U.S.C. 553(b)(B), notice and public procedure are unnecessary, and for
the same reasons, pursuant to 5 U.S.C. 553(d)(3) a delayed effective
date is not required.
Drafting Information
The principal author of this document was Janet L. Johnson,
Regulations Branch, Office of Regulations and Rulings, CBP. However,
personnel from other offices participated in its development.
List of Subjects in 19 CFR Part 122
Air carriers, Aircraft, Airports, Customs duties and inspection,
Freight.
Amendments to the Regulations
0
Part 122, Customs Regulations (19 CFR Part 122) is amended as set forth
below.
PART 122--AIR COMMERCE REGULATIONS
0
1. The authority citation for part 122, Customs Regulations, continues
to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436,
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a.
* * * * *
0
2. The listing of user fee airports in section 122.15(b) is amended:
0
a. By adding, in alphabetical order, in the ``Location'' column,
``Mesa, Arizona'' and by adding on the same line, in the ``Name''
column, ``Williams Gateway Airport;''
0
b. By adding, in alphabetical order, in the ``Location'' column,
``Roswell, New Mexico'' and by adding on the same line, in the ``Name''
column, ``Roswell Air Industrial Center;'' and
0
c. On the same line as the ``McKinney Airport'' in the ``Name'' column,
by removing in the ``Location'' column ``Dallas, Texas'' and by adding
in its place'' McKinney, Texas.''
Dated: August 19, 2003.
Robert C. Bonner,
Commissioner, Bureau of Customs and Border Protection.
[FR Doc. 03-21576 Filed 8-21-03; 8:45 am]
BILLING CODE 4820-02-P