[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32196]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

[T.D. 95-2]

 

User Fee Airports

AGENCY: U.S. Customs Service, Department of Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the 
establishment of eight additional user fee airports. User fee airports 
are those which, while not qualifying for designation as an 
international or landing rights airport, have been approved by the 
Commissioner of Customs to receive the services of Customs officers for 
the processing of aircraft entering the U. S. and their passengers and 
cargo.

EFFECTIVE DATE: December 30, 1994.

FOR FURTHER INFORMATION CONTACT: Peg Fearon, Office of Inspection and 
Control, 202-927-1413.

SUPPLEMENTARY INFORMATION:

Background

    Part 122, Customs Regulations (19 CFR Part 122), sets forth 
regulations that are applicable to all international air commerce 
relating to the entry and clearance of aircraft and the transportation 
of persons and cargo by aircraft.
    Under Sec. 1109(b), Federal Aviation Act of 1958, as amended (49 
U.S.C. 1509(b)), the Secretary of the Treasury is authorized to 
designate places in the United States as ports of entry for civil 
aircraft arriving from any place outside of the United States, and for 
merchandise carried on the aircraft. These airports are referred to as 
international airports, and the location and name of each are listed in 
Sec. 122.13, Customs Regulations (19 CFR 122.13). In accordance with 
Sec. 122.33, Customs Regulations (19 CFR 122.33), the first landing of 
every civil aircraft entering the United States from a foreign area 
must be at one of these international airports, unless the aircraft has 
been specifically exempted from this requirement or permission to land 
elsewhere has been granted. Customs officers are assigned to all 
international airports to accept entries of merchandise, collect duties 
and enforce the customs laws and regulations.
    Other than if making an emergency or forced landing, if a civil 
aircraft desires to land at an airport not designated by Customs as an 
international airport, the pilot may request permission to land at a 
specific airport and, if granted, Customs assigns personnel to that 
airport for the aircraft. The airport where the aircraft is permitted 
to land is called a landing rights airport (19 CFR 122.24).
    Section 236 of Pub. L. 98-573 (the Trade and Tariff Act of 1984), 
codified at 19 United States Code 58b (19 U.S.C. 58b), creates 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 the United States may ask Customs 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 Customs 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 airport 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.
    Inasmuch as the volume of business anticipated at these airports is 
insufficient to justify their designation as an international or 
landing rights airport, the availability of Customs services is not 
paid for out of the Customs appropriations from the general treasury of 
the United States. Instead, the services of Customs officers are 
provided on a fully reimbursable basis to be paid for by the user fee 
airports 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 Customs 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 its 
charges to ensure that they are in accord with the airport's expenses.
    Pursuant to Treasury Department Order No. 165, Revised (Treasury 
Decision 53564), all the rights, privileges, powers and duties vested 
in the Secretary of the Treasury by the Tariff Act of 1930, as amended, 
by the navigation laws, or by any other laws administered by Customs, 
are transferred to the Commissioner of Customs. Accordingly, the 
authority granted to the Secretary of the Treasury to designate user 
fee airports and to determine appropriate fees is delegated to the 
Commissioner of Customs.
    Under this authority, Customs has determined that certain 
conditions must be met before an airport can be designated as a user 
fee airport. At least one full-time Customs officer must be requested, 
and the airport must be responsible for providing Customs with 
satisfactory office space, equipment and supplies, at no cost to the 
Federal Government.
    Nineteen airports are currently listed in Sec. 122.15, Customs 
Regulations, as user fee airports designated by the Commissioner. This 
document adds eight more airports to the listing of designated user fee 
airports. These airports and phone numbers at which they can be 
contacted regarding service are as follows:

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                         Airport                                                  Contact                       
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Daytona Beach Regional Airport, Daytona Beach, Florida...  Volusia County Council, (904) 255-8441.              
Willow Run Airport, Ypsilanti, Michigan..................  Airport Authority, (312) 482-9660.                   
Sarasota-Bradenton Airport, Sarasota, Florida............  Airport Authority, (813) 359-5200.                   
Melbourne Regional Airport, Melbourne, Florida...........  Director of Aviation, (407) 723-6227.                
Tri-City Regional Airport, Blountville, Tennessee........  Airport Commission, (615) 323-6287.                  
Addison Airport of Texas, Inc., Dallas, Texas............  President, (214) 248-7733.                           
Pal-Waukee Municipal Airport, Wheeling, Illinois.........  Priester Aviation, (708) 537-1200.                   
Medford-Jackson County Airport, Medford, Oregon..........  Airport Director, (503) 776-7222.                    
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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 lists those user fee airports 
designated by the Commissioner of Customs 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)(2), 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, U. S. Customs Service. 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

    Part 122, Customs Regulations (19 CFR Part 122), is amended as set 
forth below:

PART 122--AIR COMMERCE REGULATIONS

    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, 1433, 1436, 1459, 
1590, 1594, 1623, 1624, 1644; 49 U.S.C. App. 1509.

    2. Section 122.15(b) is amended by revising the list of airports to 
read as follows:


Sec. 122.15  User fee airports.

* * * * *
    (b) List of user fee airports. * * *

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             Location                               Name                
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Blountville, Tennessee...........  Tri-City Regional Airport.           
Casper, Wyoming..................  Natrona County International Airport.
Columbus, Ohio...................  Rickenbacker Airport.                
Dallas, Texas....................  Addison Airport of Texas, Inc.       
Daytona Beach, Florida...........  Daytona Beach Regional Airport.      
Fargo, North Dakota..............  Hector International Airport.        
Fort Myers, Florida..............  Southwest Florida Regional Airport.  
Fort Wayne, Indiana..............  Fort Wayne-Allen County Airport.     
Fort Worth, Texas................  Alliance Airport.                    
Klamath Falls, Oregon............  Kingsley Field.                      
Lebanon, New Hampshire...........  Lebanon Municipal Airport.           
Lexington, Kentucky..............  Bluegrass Airport.                   
Medford, Oregon..................  Medford-Jackson County Airport.      
Melbourne, Florida...............  Melbourne Regional Airport.          
Midland, Texas...................  Midland International Airport.       
Morristown, New Jersey...........  Morristown Municipal Airport.        
Moses Lake, Washington...........  Grant County Airport.                
Oakland, Michigan................  Oakland-Pontiac Airport.             
Rockford, Illinois...............  Greater Rockford Airport.            
Sanford, Florida.................  Sanford Regional Airport.            
Sarasota, Florida................  Sarasota-Bradenton Airport.          
St. Paul, Alaska.................  St. Paul Airport.                    
Waukegan, Illinois...............  Waukegan Regional Airport.           
Wheeling, Illinois...............  Pal-Waukee Municipal Airport.        
Wilmington, Ohio.................  Airbourne Air Park.                  
Yakima, Washington...............  Yakima Air Terminal.                 
Ypsilanti, Michigan..............  Willow Run Airport.                  
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* * * * *
    Approved: December 13, 1994.
William F. Riley,
Acting Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-32196 Filed 12-29-94; 8:45 am]
BILLING CODE 4820-02-P