[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Rules and Regulations]
[Pages 60164-60165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29599]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Customs Service
[T.D. 97-88]

19 CFR Parts 101 and 122


Customs Service Field Organization; Establishment of Sanford Port 
of Entry

AGENCY: Customs Service, Treasury.

ACTION: Interim rule; solicitation of comments.

-----------------------------------------------------------------------

SUMMARY: This document delays the effective date for implementation of 
a final rule document published in the Federal Register July 11, 1997, 
as T.D. 97-64, which would establish a new port of entry at Orlando-
Sanford Airport in Sanford, Florida effective November 10, 1997. Since 
publication of the final rule document, the Airport Operator has 
brought to Customs attention that the date chosen by Customs 
significantly impairs its agreements with air carriers that were signed 
prior to Customs announcement of its decision. In addition, the Airport 
Operator claims that cargo and warehousing space currently available at 
the airport must be expanded to accommodate projected needs. Because of 
these factors, Customs is delaying the effective date to May 1, 1998 
for the port of entry designation. The user-fee status of the airport 
will continue until the new effective date.

DATES: Effective date of November 10, 1997, of the amendments of 
Secs. 101.3(b)(1) and 122.15(b), Customs Regulations, published in the 
Federal Register (62 FR 37131) on July 11, 1997, is delayed until May 
1, 1998. Comments must be received on or before December 8, 1997.

ADDRESSES: Written comments (preferably in triplicate) may be addressed 
to the U.S. Customs Service, Office of Regulations and Rulings--ATTN: 
Regulations Branch, The Ronald Reagan Building, 1300 Pennsylvania 
Avenue, NW., Washington, D.C. 20229. Comments submitted may be 
inspected at the Regulations Branch, Office of Regulations and Rulings, 
The Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Suite 3000, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Harry Denning, Office of Field 
Operations, Resource Management Division (202) 927-0196.

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 1997, Customs published in the Federal Register (62 FR 
37131) T.D. 97-64 which amended Sec. 101.3(b), Customs Regulations (19 
CFR 101.3), to establish a new port of entry at Orlando-Sanford Airport 
in Sanford, Florida, and Sec. 122.15(b), Customs Regulations (19 CFR 
122.15(b)), to remove the Sanford Regional Airport from the list of 
user-fee airports.
    That action was taken by Customs based on analysis of a report 
prepared for the Central Florida Regional Airport Board that manages 
the airport at Sanford. The report showed that the Sanford Regional 
Airport was becoming the fastest growing airport for international 
passenger clearance services in Florida. In response to this growth, 
the report indicated that the Airport Board had decided to make 
substantial and long term investment in new international arrival 
facilities to serve this growing Central Florida market. Applying the 
criteria used by Customs since 1973 for the establishment of ports of 
entry (see Treasury Decision (T.D.) 82-37 (47 FR 10137), as revised by 
T.D. 86-14 (51 FR 4559) and T.D. 87-65 (52 FR 16328)), to the figures 
projected by the Central Florida Regional Airport Board, Customs 
believed that sufficient justification existed for redesignating the 
airport facility from its user-fee status to that of a port of entry. 
Customs announced this decision on July 11, 1997, and designated 
November 10, 1997 as the effective date.
    Since publication of the final rule document, it has come to 
Customs attention that agreements currently in force between the 
Orlando-Sanford Airport and the air carriers it serves effectively 
requires the Airport to absorb additional Customs fees through the end 
of April 1998. Moreover, the facilities for cargo processing and 
warehousing at Orlando-Sanford Airport need to be expanded and that 
construction will not be completed until late Spring of 1998.

Delayed Effective Date

    For the reasons set forth in the above discussion, Customs has 
determined that the effective date for the establishment of the new 
port of entry at Sanford, Florida shall be delayed for approximately 6 
months--until May 1, 1998--to afford the airport facility time to 
complete projected facilities. Until that time, the airport may 
continue to operate as a user-fee facility.

Public Comment Requirements

    Customs establishes, expands, and consolidates Customs ports of 
entry throughout the United States to accommodate the volume of 
Customs-related activity in various parts of the country. Because the 
establishment, expansion or consolidation of a port of entry relates to 
agency management and organization, a regulatory change involving such 
an action is not subject to the notice and public procedure 
requirements of the Administrative Procedure Act (APA) (5 U.S.C. 553).
    In addition, pursuant to 5 U.S.C. 553(b)(B), Customs finds for good 
cause in this instance that notice and public procedure are 
impracticable, unnecessary and contrary to public interest. It would be 
impracticable for Customs to issue a proposal in this instance as the 
rulemaking process could not be completed timely.
    If a proposal were to be issued, it would be unlikely that a final 
decision could be published before November 10, causing possible 
unforeseen consequences for the airport operator and other members of 
the public. Also the temporary postponement of the effective date of a 
rule is a technical change for which it is unnecessary to provide 
notice and comment. The substantive decision to create a port of entry 
at Sanford has already been made; the only question is when that port 
of entry will open.
    Notwithstanding the above, Customs generally provides the public 
with an opportunity to comment on the establishment of ports of entry. 
Even though notice and public comment are not required in this instance 
pursuant to 5 U.S.C. 553(a)(2) because this is a matter relating to 
agency management, and pursuant to 5 U.S.C. 553(b)(B) for good cause, 
Customs is requesting the public to submit comments regarding the 
delayed effective date. If comments submitted within the next 30 days 
demonstrate that there exist sufficient grounds for not delaying the 
effective date of the establishment of a port of entry in Sanford until 
May 1, 1998, Customs will issue another document.
    Comments submitted will be available for public inspection in 
accordance with

[[Page 60165]]

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, Suite 3000, The Ronald 
Reagan Building, 1300 Pennsylvania Avenue, N.W., Washington, D.C.

Amendments to the Regulations

    For the reasons stated above, the effective date of final rule 
document FR Doc. 97-18206, published in the Federal Register on July 
11, 1997 is delayed until May 1, 1998.

The Regulatory Flexibility Act, and Executive Order 12866

    Because this document is not subject to the notice and public 
procedure requirements of 5 U.S.C. 553, this document is not subject to 
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). This amendment does not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

    Approved: October 9, 1997.
Samuel H. Banks,
Acting Commissioner of Customs.

John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-29599 Filed 11-5-97; 2:01 pm]
BILLING CODE 4820-02-P