[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24814-24815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11780]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 122
[T.D. 97-35]
Addition of Midland International Airport to List of Designated
Landing Locations for Private Aircraft
AGENCY: Customs Service, Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations by adding the
user-fee airport at Midland, Texas (Midland International Airport) to
the list of designated airports at which private aircraft arriving in
the Continental U.S. via the U.S./Mexican border, the Pacific Coast,
the Gulf of Mexico, or the Atlantic Coast from certain locations in the
southern portion of the Western Hemisphere must land for Customs
processing. This amendment is made to improve the effectiveness of
Customs enforcement efforts to combat the smuggling of drugs by air
into the United States, and will also help to improve service to the
community, by relieving congestion at Presidio-Lely International, Del
Rio International, and Eagle Pass Municipal Airports, which are also
located in Texas.
EFFECTIVE DATE: June 6, 1997.
FOR FURTHER INFORMATION CONTACT: Gay Laxton, Passenger Operations
Division, Office of Field Operations, (202) 927-5709.
SUPPLEMENTARY INFORMATION:
Background
As part of Customs efforts to combat drug-smuggling efforts,
Customs air commerce regulations were amended in 1975 to impose special
reporting requirements and control procedures on private aircraft
arriving in the Continental United States from certain areas south of
the United States. T.D. 75-201. Thus, since 1975, commanders of such
aircraft have been required to furnish Customs with timely notice of
their intended arrival, and certain private aircraft have been required
to land at certain airports designated by Customs for processing. In
the last twenty years the list of designated airports for private
aircraft has changed and the reporting requirements and control
procedures--now contained in Subpart C of Part 122 of the Customs
Regulations (19 CFR subpart C, part 122)--have been amended, as
necessary.
In response to a request from community officials from Midland,
Texas, on December 3, 1996, Customs published a notice of proposed
rulemaking in the Federal Register (61 FR 64041) that solicited
comments concerning a proposal to amend Sec. 122.24(b), Customs
Regulations (19 CFR 122.24(b)), by adding the user-fee airport at
Midland, Texas (Midland International Airport) to the list of
designated airports at which private aircraft arriving in the
Continental U.S. via the U.S./Mexican border, the Pacific Coast, the
Gulf of Mexico, or the Atlantic Coast from certain locations in the
southern portion of the Western Hemisphere must land for Customs
processing.
The public comment period for the proposed amendment closed
February 3, 1997. More than 40 comments were received from individual
residents, local private companies, and local, state, and federal
government officials, all offering overwhelming support for the
proposal. Accordingly, Customs has decided to adopt the proposed
amendment to Part 122 of the Customs Regulations.
The addition of Midland International Airport to the list of
designated landing sites for private aircraft will improve the
effectiveness of Customs drug-
[[Page 24815]]
enforcement programs relative to private aircraft arrivals, as Midland
is adjacent to the Southwest Border of the U.S. and is on a regularly
traveled flight path. Further, the designation will enhance the
efficiency of the Customs Service, as the airport is close to the
normal work location for inspectional personnel assigned to the Del
Rio-Eagle Pass-El Paso-Laredo-Presidio Ports-area. In this regard, it
is pointed out that the private aircraft processing services Customs
provides at the Presidio, Del Rio, and Eagle Pass Airports will
continue; designating Midland International Airport is meant to provide
an alternative airport to these other airports in order to relieve air
traffic congestion at those locations.
Inapplicability of the Regulatory Flexibility Act and Executive Order
12291
This amendment expands the list of designated airports at which
private aircraft may land for Customs processing. Although before a
determination was made to proceed with this final rule a previous
document on this subject provided notice for public comment, this
amendment 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.).
Agency organization matters such as this document are exempt from
consideration under E.O. 12866.
Drafting Information
The principal author of this document was Gregory R. Vilders,
Attorney, Regulations Branch.
List of Subjects in 19 CFR Part 122
Air carriers, Air transportation, Aircraft, Airports, Customs
duties and inspection, Drug traffic control, Organization and functions
(Government agencies), Reporting and recordkeeping requirements,
Security measures.
Proposed Amendment to the Regulations
For the reasons stated above, 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 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. 122.24, the listing of airports in paragraph (b) is
amended by adding, in appropriate alphabetical order, ``Midland, TX''
in the column headed ``Location'' and, on the same line, ``Midland
International Airport'' in the column headed ``Name''.
Approved: March 26, 1997.
George J. Weise,
Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-11780 Filed 5-6-97; 8:45 am]
BILLING CODE 4820-02-P