[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15703-15705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7502]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 100
[INS No. 1677-94]
RIN 1115-AD84
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 122
RIN 1515-AB64
Customs/INS Field Organizations; Revocations and Designation of
International Airport Status for Customs Services and Ports of Entry
for Aliens Arriving by Aircraft
AGENCIES: Immigration and Naturalization Service, Justice; Customs
Service, Treasury.
ACTION: Joint notice of proposed rulemaking.
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SUMMARY: This document proposes to amend the Customs and Immigration
and Naturalization Service (the Service) Regulations pertaining to
their respective field organizations. Customs proposes to revoke the
international airport designations for the Ranier International
Seaplane Base located in Ranier, Minnesota, and the Eagle Pass
Municipal Airport located in Eagle Pass, Texas. The Service proposes to
remove Ranier, MN, and Eagle Pass, TX, from the port of entry lists for
aliens arriving by vessel, land transportation, or by aircraft. This
proposal is based on evidence that the facilities at these locations
have deteriorated and/or the amount of business clearing through the
airports does not justify continued maintenance of inspection equipment
and personnel. The document also proposes to designate Maverick County
Airport located in Maverick County, Texas, as a new international
airport for Customs purposes and as a new port of entry for purposes of
the Service. These changes will assist both agencies in their
continuing efforts to achieve more efficient use of their personnel,
facilities, and resources, and to provide better service to carriers,
importers, and the general public.
DATES: Comments must be received on or before May 26, 1995.
ADDRESSES: Please submit written comments in triplicate to the
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service, 1301 Constitution Avenue NW., Washington, DC 20229. Comments
submitted may be inspected at the Regulations Branch, Office of
Regulations and Rulings, Franklin Court, 1099 14th Street NW., Suite
4000, Washington, DC.
FOR FURTHER INFORMATION CONTACT: At Customs Service--Darlene Langum
Wilder, Office of Passenger Enforcement and Facilitation, Office of
Inspection and Control, (202) 927-0530; at Immigration and
Naturalization Service--Andrea Sickler, Assistant Chief Inspector,
Office of Inspections, Immigration and Naturalization Service, 425 I
Street NW., Room 7228, Washington, DC 20536, (202) 616-7993.
SUPPLEMENTARY INFORMATION:
Background
To achieve more efficient use of their personnel, facilities, and
resources, and to provide better services to carriers, importers, and
the public in general, U.S. Customs and the Immigration and
Naturalization Service (the Service) propose to amend their respective
field organization regulations.
Customs proposes to amend Sec. 122.13 of the Customs Regulations
(19 CFR 122.13), which lists international airports, to reflect the
proposed revocations of the international airport designations for (1)
Ranier International Seaplane Base located in Ranier, Minnesota, in the
Customs District of Duluth, Minnesota, North Central Region, and (2)
Eagle Pass Municipal Airport located in Eagle Pass, Texas, in the
Customs District of Laredo, Texas, Southwest Region. Customs further
proposes to amend Sec. 122.13 to reflect the proposed designation of
Maverick County Airport located in Maverick County, Texas, in the
Customs District of Laredo, Texas, Southwest Region, as an
international airport. Revocation of the international airport
designations will not result in any significant reduction in Customs
services in the area, as future Minnesota transactions will be handled
at either Sky Harbor Airport or Crane Lake Seaplane Base, both landing
rights airports, and future Texas transactions will be handled at
Maverick County Airport, also a landing rights airport, which, it is
proposed, will be designated as an international airport.
The Service proposes to amend 8 CFR 100.4(c) (2) and (3), which
pertain to ports of entry for aliens arriving by vessel, land
transportation, or by aircraft, to reflect the removal of the same two
ports of entry: (1) Ranier International Seaplane Base located in
Ranier, Minnesota, in the Service District of St. Paul, Minnesota, and
(2) Eagle Pass Municipal Airport located in Eagle Pass, Texas, in the
Service District [[Page 15704]] of San Antonio, Texas. The Service
further proposes to amend its regulations by adding Maverick County
Airport to the list of ports of entry authorized for the processing of
aliens arriving by vessel, land transportation, or by aircraft.
Withdrawal of the port of entry designations will not result in any
significant reduction in Immigration services in the area, as future
Minnesota transactions will be handled at either Sky Harbor Airport or
Crane Lake Seaplane Base, both landing rights airports, and future
Texas transactions will be handled at Maverick County Airport, also a
landing rights airport, which, it is proposed, will be designated as a
port of entry.
Customs Position
The criteria used by Customs in determining whether to withdraw the
designation of an international airport from a facility previously
designated as such are found at Sec. 122.11(b) of the Customs
Regulations, which provides that the designation can be withdrawn for
any of the following reasons: (1) The amount of business clearing
through the airport does not justify maintenance of inspection
equipment and personnel; (2) proper facilities are not provided or
maintained by the airport; (3) the rules and regulations of the Federal
Government are not followed; or, (4) some other location would be more
useful. In the case of Ranier International Seaplane Base, the
conditions specified at Sec. 122.11(b)(1) and (2) are present. In the
case of Eagle Pass Municipal Airport, the conditions specified at
Sec. 122.11(b)(2) and (4) are present.
Regarding the proposed revocation of the international airport
designation for Ranier International Seaplane Base, this action
originated as a request from the owner of the seaplane base: The
Camping and Education Foundation/Camp Kooch-i-ching. The President/
Director of the Foundation requested that Ranier's designation as an
international airport port of entry be changed so that the facility
would no longer be used as a landing base for seaplanes. With regard to
the above criteria, the President/Director stated that the facility is
used only as a landbase for a boys' camp. The district director at
Duluth has verified that Ranier's designation as an international
airport should be withdrawn because (1) the services offered to
aircraft operators has declined, (2) the number of seaplanes requesting
Customs clearance is minimal--only 67 seaplanes arrived in 1993, and
(3) the facilities have deteriorated and can no longer safely
accommodate aircraft. The Regional Commissioner for the North Central
Region agrees with the request and the district's findings.
Regarding the proposed revocation of the international airport
designation for the Eagle Pass Municipal Airport and designation of
Maverick County Airport as the replacement international airport, this
action originated as a request from the Honorable Enriqueta D.
Carpenter, Maverick County Judge, who advised that the existing airport
is extremely limited and will be closed when the new airport facility
is completed in the next year. Customs believes that the Maverick
facility should be given the same status as the Eagle Pass facility
once the latter is closed. The workload will remain the same and
staffing should not be affected.
An ``international airport'' is defined at Sec. 122.1(e) of the
Customs Regulations (19 CFR 122.1(e)), in part, as any airport
designated by (1) the Secretary of the Treasury or the Commissioner of
Customs as a port of entry for aircraft, (2) the Attorney General as a
port of entry for aliens, and, (3) the Secretary of Health and Human
Services as a place for quarantine inspection. (It is noted that the
term ``port of entry'' in this section applies only for arrival
purposes in the contexts specified and, thus, does not have the same
meaning or legal effect as the broader term ``port of entry'' used for
Customs organizational purposes in part 101.) The new international
airport will be within an already established port of entry--Eagle
Pass, see, T.D. 91-93 (56 FR 57487).
Description of International Airport Limits
The geographical limits of the proposed international airport
called Maverick County Airport would be as follows:
In Maverick County, Texas, approximately 12 miles north of the
corporate limits of the city of Eagle Pass and east of U.S. Highway 277
is a site commonly known as the ``Radar Base'' Airfield that
encompasses a total of 640 acres; this site is designated by a sign
marked ``Eagle Pass Airport,'' which is located at the intersection of
U.S. Highway 277 and an undesignated (no name or number) paved road.
Immigration and Naturalization Services's Position
The criteria used by the Service in determining whether to remove a
facility previously designated as a port of entry for the processing of
aliens arriving by vessel, land transportation, or by aircraft are
found at 8 CFR 100.4(c) (2) and (3), which provide, in part, that the
designation of ports of entry may be withdrawn whenever, in the
judgment of the Commissioner, such action is warranted.
In the case of Ranier International Seaplane Base and Eagle Pass
Municipal Airport, the Commissioner has reviewed information presented
by parties requesting termination of their port of entry designations.
Ranier International Seaplane Base is owned by the Camping and
Education Foundation/Camp Kooch-i-ching. The Foundation's President/
Director stated that the base is used only as a landbase to transport
supplies and people to a boys' camp and requested that the facility no
longer be used as a landing base for seaplanes due to concern for the
safety of camp visitors and personnel.
Eagle Pass Municipal Airport services and is owned by Maverick
County, Texas. The County Judge of Maverick requested that Eagle Pass
Municipal Airport's designation as a port of entry be revoked due to
facility constraints and the fact that it will be closed upon
completion of the new Maverick County Airport. The Commissioner
believes that the withdrawal of the port of entry designations for both
Ranier International Seaplane Base and Eagle Pass Municipal Airport is
warranted, and that the designation of Maverick County Airport as a
Class A port of entry is also warranted.
Concurrence of Other Federal Inspection Service Agencies
Other agencies having a presence at the Ranier and Eagle Pass
facilities (the Department of Health and Human Services and the Animal
and Plant Health Inspection Service of the Department of Agriculture)
have been contacted regarding these matters and support the proposed
actions.
Accordingly, Customs believes that there is sufficient
justification for revoking the international airport designations from
Ranier International Seaplane Base and Eagle Pass Municipal Airport,
and for designating Maverick County Airport as an international
airport; the Service believes it also has sufficient justification for
amending its regulations at 8 CFR part 100 to reflect current airport
listings serving as designated ports of entry.
Proposed Amendments
If the proposed revocations of international airport designations
and designation of international airport are adopted, the Customs list
of international airports at Sec. 122.13 will be amended by removing
Ranier International Seaplane Base and Eagle Pass Municipal Airport and
adding Maverick County Airport, and the [[Page 15705]] Service
regulations at 8 CFR 100.4(c) (2) and (3) will be amended by removing
Ranier, MN, and Eagle Pass, TX, and adding Maverick County Airport.
Comments
Before adopting this proposal as a final rule, consideration will
be given to any written comments timely submitted to Customs. (Customs
will serve as the clearing house for comments received and coordinate a
response with the Service.) Comments submitted will be available for
public inspection in accordance with the Freedom of Information Act (5
U.S.C. 552), Sec. 1.4 of the Treasury Department Regulations (31 CFR
1.4), and Sec. 103.11(b) of the Customs Regulations (19 CFR 103.11(b)),
on regular business days between the hours of 9 a.m. and 4:30 p.m. at
the Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service, Franklin Court, 4th floor, 1099 14th St., NW, Washington, DC.
Authority
This change is proposed under the authority of 5 U.S.C. 301, 8
U.S.C. 1103, and 19 U.S.C. 2, 66, and 1624.
Inapplicability of the Regulatory Flexibility Act and Executive Orders
12866, 12612, and 12606
Customs and the Service routinely establish, expand, and
consolidate ports of entry throughout the United States to accommodate
the volume of Customs- and Service-related activity in various parts of
the country. Although this document is being issued with notice for
public comment, it is not subject to the notice and public procedure
requirements of 5 U.S.C. 553 because it relates to agency management
and organization. Accordingly, this document is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This document does not meet the criteria for a ``significant
regulatory action'' as specified in E.O. 12866.
In accordance with the provisions of E.O. 12612, it is certified
that the regulations proposed herein have been assessed in light of the
principles, criteria, and requirements specified in that E.O. and that
they will not have substantial direct effects on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, the preparation of a Federalism Assessment is
not warranted.
In accordance with the provisions of E.O. 12606, the Commissioners
of the Customs and the Immigration and Naturalization Services certify
that they have assessed these proposed amendments in light of the
criteria set forth in that E.O., and determined that the regulations
proposed herein will not have a significant impact on family formation,
maintenance, and general well-being.
Drafting Information
The principal author of this document was Gregory R. Vilders,
Attorney, Office of Regulations and Rulings, U.S. Customs Service;
however, personnel from other offices and agencies participated in its
development.
List of Subjects
8 CFR Part 100
Administrative practice and procedure, Organizations and functions
(Government agencies).
19 CFR Part 122
Administrative practice and procedure, Air carriers, Aircraft,
Airports, Air transportation, Baggage, Customs duties and inspection,
Drug traffic control, Imports, Reporting and recordkeeping
requirements.
Amendments to the Regulations
For the reasons stated above, it is proposed to amend Part 100 of
Chapter I of title 8 of the Code of Federal Regulations and Part 122 of
Chapter I of title 19 of the Code of Federal Regulations as set forth
below:
TITLE 8--ALIENS AND NATIONALITY
PART 100--STATEMENT OF ORGANIZATION
1. The general authority citation for part 100 continues to read as
follows:
Authority: 8 U.S.C. 1103; 8 CFR part 2.
2. In Sec. 100.4, it is proposed to amend paragraph (c)(2) by:
a. Removing ``Ranier, MN'' from the Class A listing under District
No. 10--St. Paul, Minnesota;
b. Removing ``Eagle Pass, TX'' from the Class A listing under
District No. 14--San Antonio, Texas; and
c. Adding, in proper alphabetical sequence, ``Maverick, TX'' to the
Class A listing under District No. 14--San Antonio, Texas.
3. In Sec. 100.4, it is proposed to amend paragraph (c)(3) by:
a. Removing ``Ranier, MN, International Seaplane Base'' from the
listing under District No. 10--St. Paul, Minnesota;
b. Removing ``Eagle Pass, TX, Eagle Pass Airport'' from the listing
under District No.14--San Antonio, Texas; and
c. Adding, in proper alphabetical sequence, ``Maverick, TX,
Maverick County Airport'' to the Class A listing under District No.14--
San Antonio, Texas.
TITLE 19--CUSTOMS DUTIES
PART 122--AIR COMMERCE REGULATIONS
1. The authority citation for Part 122 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. In Sec. 122.13, it is proposed to amend the list of
international airports by removing ``Eagle Pass, Tex.--Eagle Pass
Municipal Airport'' and ``Ranier, Minn.--Ranier International Seaplane
Base'' and adding, in appropriate alphabetical order, ``Maverick,
Tex.--Maverick County Airport''.
George J. Weise,
Commissioner of Customs.
Approved: February 23, 1995.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
Dated: January 30, 1995.
Doris Meissner,
Commissioner of Immigration and Naturalization Service.
[FR Doc. 95-7502 Filed 3-24-95; 8:45am]
BILLING CODE 4820-02-P