[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