[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23214-23215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11190]


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

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 101 and 122

[T.D. 98-35]


Customs Service Field Organization; Establishment of Sanford Port 
of Entry

AGENCY: Customs Service; Treasury.

ACTION: Final rule.

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

SUMMARY: This document confirms that May 1, 1998, is the effective date 
for the establishment of a Customs port of entry at Orlando-Sanford 
Airport in Sanford, Florida. Orlando-Sanford Airport's designation as a 
user fee airport will terminate on the same date.

EFFECTIVE DATE: May 1, 1998 is the effective date for amendment of 
Secs. 101.3(b)(1) and 122.15(b), Customs Regulations, published in the 
Federal Register (62 FR 37131) on July 11, 1997.

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

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 1997, Customs published a document in the Federal 
Register (62 FR 37131) T.D. 97-64 which amended Sec. 101.3(b), Customs 
Regulations (19 CFR 101.3(b)), to establish a new port of entry at 
Orlando-Sanford Airport in Sanford, Florida, and amended 
Sec. 122.15(b), Customs Regulations (19 CFR 122.15(b)) to remove the 
Sanford Regional Airport from the list of user fee airports. Customs 
set forth in that document the justification for redesignating the 
airport facility from its user fee status to that of a port of entry 
and designated November 10, 1997, as the effective date.
    For reasons set forth in a document (T.D. 97-88) published in the 
Federal Register (62 FR 60164) on November 7, 1997, Customs delayed the 
effective date for establishment of the new port of entry and the 
termination of the airport's user fee status until May 1, 1998, and 
solicited comments regarding the delayed effective date. In that 
document, Customs stated that if comments submitted demonstrated 
sufficient grounds for not delaying the effective date until May 1, 
1998, Customs would issue another document. The comment period expired 
on December 8, 1997.

Discussion of Comments

    Six comments were received in response to the document delaying the 
effective date until May 1, 1998, four opposing the delay and two in 
favor of extending the delay until July 1, 1998.
    The four comments opposing the delay emanate from the State of 
Maine and were submitted by members of the Maine congressional 
delegation and by attorneys on behalf of Bangor International Airport. 
These comments essentially contend that Bangor International Airport is 
being harmed by the delay because flights would clear at Bangor but for 
the market distortion caused by Sanford being permitted to operate 
longer as a user fee airport not subject to the passenger fee that is 
assessed at ports of entry.
    The two comments urging further delay beyond May 1, 1998, in the 
establishment of a port of entry at Orlando-Sanford Airport come from 
that airport and from attorneys on its behalf. The comments argue that 
the delay does not impose an unwarranted competitive burden on port of 
entry airports such as Bangor International Airport.

[[Page 23215]]

    They further contend that until the construction of the cargo 
building and security system at Orlando-Sanford Airport, which has been 
delayed, the airport does not fully meet the criteria for a Customs 
port of entry.

Determination

    Customs decision to suspend the November 10, 1997, effective date 
for conversion of Orlando-Sanford Airport to a port of entry was based 
in large part on claims that imposition of port of entry status on the 
date set by Customs would subject the Airport Operator to a significant 
additional cost that it could not, under agreements effective through 
May 1, 1998 with carriers landing at Orlando-Sanford Airport, pass on 
to carriers.
    After reviewing all the comments, which basically represent two 
distinct competitive interests, Customs believes that delaying the 
designation of Orlando-Sanford Airport as a port of entry was 
appropriate under the circumstances. However, Customs believes Orlando-
Sanford Airport was provided with sufficient opportunity to resolve the 
concerns it proffered to obtain that delayed effective date. 
Accordingly, Customs believes that the designation should not be 
further delayed.
    Further, Customs believes the comments received did not demonstrate 
sufficient grounds for making the Orlando-Sanford Airport a port of 
entry before the May 1, 1998 announced effective date.
    Accordingly, Customs is confirming that the effective date for the 
establishment of the Orlando-Sanford port of entry and the date for the 
termination of the airport's user fee status is May 1, 1998.

Amendment to the Regulations

    For the reasons stated above, the effective date of the final rule 
document FR Doc. 97-18206, published in the Federal Register on July 
11, 1997, and delayed until May 1, 1998, pursuant to interim rule 
document FR Doc. 97-29599, published in the Federal Register on 
November 7, 1997, is now finalized as May 1, 1998.

Regulatory Flexibility Act and Executive Order 12866

    Because this document merely confirms a decision previously made, 
this document is not subject to the notice and public procedure 
requirements of 5 U.S.C. 553, and is not subject to the provisions of 
the Regulatory Flexibility Act (5 U.S.C. 603 et seq.). This amendment 
does not meet the criteria for a ``significant regulatory action'' as 
specified in Executive Order 12866.
Samuel H. Banks,
Acting Commissioner of Customs.

    Approved: April 17, 1998.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 98-11190 Filed 4-27-98; 8:45 am]
BILLING CODE 4820-02-P