[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Rules and Regulations]
[Pages 7501-7502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3472]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 101 and 122

[T.D. 99-9]


Establishment of Port of Entry in Fort Myers, Florida

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations pertaining to the 
field organization of the Customs Service by designating Fort Myers, 
Florida, as a port of entry. The geographical area of the new port 
consists of both Lee and Collier Counties in Florida, including 
Southwest Florida International Airport and the foreign trade zone at 
Immokalee Regional Airport. The change is being made as part of Customs 
continuing program to obtain more efficient use of its personnel, 
facilities, and resources, and to provide better service to carriers, 
importers and the general public.

EFFECTIVE DATE: March 18, 1999.

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

SUPPLEMENTARY INFORMATION:

Background

    In a Notice of Proposed Rulemaking (NPRM) published in the Federal 
Register (63 FR 13025) on March 17, 1998, Customs proposed to amend the 
Customs Regulations pertaining to the field organization of the Customs 
Service by designating Fort Myers, Florida, as a port of entry. Customs 
proposed that Fort Myers be designated as a port of entry because it 
meets the current standards for port of entry designations set forth in 
T.D. 82-37, as revised by T.D. 86-14 and T.D. 87-65. The geographical 
boundaries of the proposed port were to be the same as those of Lee 
County, Florida, including Southwest Florida International Airport. It 
was also proposed to remove the user fee designation of Southwest 
Florida International Airport.
    Five comments were received in response to the proposal.

Analysis of Comments

    Comment: The commenters all supported the designation of Lee County 
including Southwest Florida International Airport as a Customs port of 
entry. In addition, they all requested that the port limits be expanded 
to include Collier County as well as Lee County.
    According to the commenters, Collier County is one of the fastest 
growing areas in the country. Its rapid population growth is projected 
to continue into the next century, with population doubling by the year 
2020. Collier County is involved in international trade by virtue of 
its foreign trade zone at Immokalee Regional Airport, created by the 
Department of Commerce in 1997, and the foreign trade zone workload is 
projected to increase.
    Response: Customs believes that the commenters have presented 
sufficient information about the benefits of including Collier County 
in the new port to expand the geographical description of Fort Myers to 
include Collier County. Ample evidence has been provided to convince 
Customs that because Collier County is a growing county with regard to 
population, trade and economic structure, the economic viability of a 
Fort Myers port of entry will be enhanced by the inclusion of Collier 
County. Customs believes that the new two-county port can be 
efficiently managed by available Customs resources.

Conclusion

    As part of a continuing program to obtain more efficient use of its 
personnel, facilities, and resources, and to provide better service to 
carriers, importers, and the general public, Customs is amending 
Secs. 101.3(b)(1) and 122.15(b), Customs Regulations (19 CFR 
101.3(b)(1) and 122.15(b)), by designating Fort Myers, Florida, as a 
port of entry and removing the designation of Southwest Florida 
Regional Airport as a user fee airport.

Port Limits

    The geographic area of the port of Fort Myers consists of Lee 
County, Florida, including Southwest Florida International Airport, and 
Collier County, Florida, including the foreign trade zone at Immokalee 
Regional Airport.

Regulatory Flexibility Act and Executive Order 12866

    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. Although a 
notice was issued for public comment on this subject matter, because 
the subject matter relates to agency management and organization, it is 
not subject to the notice and public procedure requirements of 5 U.S.C. 
553. 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 are exempt from 
consideration under Executive Order 12866.

Drafting Information

    The principal author of this document was Janet L. Johnson, 
Regulations Branch. However, personnel from other offices participated 
in its development.

[[Page 7502]]

List of Subjects

19 CFR Part 101

    Customs duties and inspection, Exports, Imports, Organization and 
functions (Government agencies).

19 CFR Part 122

    Administrative practice and procedure, Air carriers, Aircraft, 
Airports, Customs duties and inspection, Freight, Reporting and 
recordkeeping requirements.

Amendments to the Regulations

    For the reasons set forth above, part 101 and part 122 of the 
Customs Regulations are amended as set forth below.

PART 101--GENERAL PROVISIONS

    1. The general authority citation for part 101 and the specific 
authority citation for Sec. 101.3 continue to read as follows:

    Authority: 5 U.S.C. 301, 19 U.S.C. 2, 66, 1202 (General Note 20, 
Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a.
    Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *


Sec. 101.3   [Amended]

    2. The list of ports in Sec. 101.3(b)(1) is amended by adding, in 
alphabetical order under the state of Florida, ``Fort Myers'' in the 
``Ports of entry'' column and ``T.D. 99-9 `` in the adjacent ``Limits 
of port'' column.

PART 122--AIR COMMERCE REGULATIONS

    1. The general authority for part 122 continues to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1448, 
1459, 1590, 1594, 1623, 1624, 1644, 1644a.


Sec. 122.15   [Amended]

    2. The list of user fee airports in Sec. 122.15(b) is amended by 
removing ``Fort Myers, Florida'' from the ``Location'' column and, on 
the same line, ``Southwest Florida Regional Airport'' from the ``Name'' 
column.
Raymond W. Kelly,
Commissioner of Customs.

    Approved: January 15, 1999.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-3472 Filed 2-12-99; 8:45 am]
BILLING CODE 4820-02-P