[Federal Register Volume 65, Number 96 (Wednesday, May 17, 2000)]
[Rules and Regulations]
[Pages 31263-31265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12366]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

[T.D. 00-34]


Revised List of User Fee Airports

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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[[Page 31264]]

SUMMARY: This document amends the Customs Regulations by revising the 
list of user fee airports. User fee airports are those which, while not 
qualifying for designation as international or landing rights airports 
because of insufficient volume or value of business, have been approved 
by the Commissioner of Customs to receive the services of Customs 
officers on a fee basis for the processing of aircraft entering the 
United States and their passengers and cargo.

EFFECTIVE DATE: May 17, 2000.

FOR FURTHER INFORMATION CONTACT: Betsy Passuth, Office of Field 
Operations, 202-927-0795.

SUPPLEMENTARY INFORMATION:

Background

    Part 122, Customs Regulations (19 CFR part 122), sets forth 
regulations relating to the entry and clearance of aircraft in 
international commerce and the transportation of persons and cargo by 
aircraft in international commerce.
    Under Sec. 1644a, Title 19, United States Code (19 U.S.C.1644a), 
the Secretary of the Treasury is authorized to designate places in the 
United States as ports of entry for civil aircraft arriving from any 
place outside of the United States, and for merchandise carried on the 
aircraft. These airports are referred to as international airports, and 
the location and name of each are listed in Sec. 122.13, Customs 
Regulations (19 CFR 122.13). In accordance with Sec. 122.33, Customs 
Regulations (19 CFR 122.33), the first landing of every civil aircraft 
entering the United States from a foreign area must be at one of these 
international airports, unless the aircraft has been specifically 
exempted from this requirement or permission to land elsewhere has been 
granted. Customs officers are assigned to all international airports to 
accept entries of merchandise, collect duties and enforce the customs 
laws and regulations.
    Other than making an emergency or forced landing, if a civil 
aircraft desires to land at an airport not designated by Customs as an 
international airport, the pilot may request permission to land at a 
specific airport and, if granted, Customs assigns personnel to that 
airport for the aircraft. The airport where the aircraft is permitted 
to land is called a landing rights airport (19 CFR 122.24).
    Section 236 of Pub. L. 98-573 (the Trade and Tariff Act of 1984), 
codified at 19 United States Code 58b (19 U.S.C. 58b), creates an 
option for civil aircraft desiring to land at an airport other than an 
international or landing rights airport. A civil aircraft arriving from 
a place outside the United States may ask Customs for permission to 
land at an airport designated by the Secretary of the Treasury as a 
user fee airport.
    Pursuant to 19 U.S.C. 58b, an airport may be designated as a user 
fee airport if the Secretary of the Treasury determines that the volume 
of Customs business at the airport is insufficient to justify the 
availability of Customs services at the airport and the governor of the 
State in which the airport is located approves the designation. 
Generally, the type of airport that would seek designation as a user 
fee airport would be one at which a company, such as an air courier 
service, has a specialized interest in regularly landing.
    Inasmuch as the volume of business anticipated at these airports is 
insufficient to justify their designation as an international or 
landing rights airport, the availability of Customs services is not 
paid for out of Customs appropriations from the general treasury of the 
United States. Instead, the services of Customs officers are provided 
on a fully reimbursable basis to be paid for by the user fee airports 
on behalf of the recipients of the services.
    The fees which are to be charged at user fee airports, according to 
the statute, shall by paid by each person using Customs services at the 
airport and shall be in the amount equal to the expenses incurred by 
the Secretary of the Treasury in providing Customs services that are 
rendered to such persons at such airport, including the salary and 
expenses of those employed by the Secretary of the Treasury to provide 
the Customs services. To implement this provision, the airport seeking 
the designation as a user fee airport or that airport's authority 
agrees to pay Customs a flat fee annually and the users of the airport 
are to reimburse that airport/airport authority. The airport/airport 
authority agrees to set and periodically review its charges to ensure 
that they are in accord with the airport's expenses.
    Pursuant to Treasury Department Order No. 165, Revised (Treasury 
Decision 53564), all the rights, privileges, powers, and duties vested 
in the Secretary of the Treasury by the Tariff Act of 1930, as amended, 
by the navigation laws, or by any other laws administered by Customs 
are transferred to the Commissioner of Customs. Accordingly, the 
authority granted to the Secretary of the Treasury to designate user 
fee airports and to determine appropriate fees is delegated to the 
Commissioner of Customs.
    Under this authority, Customs has determined that certain 
conditions must be met before an airport can be designated as a user 
fee airport. At least one full-time Customs officer must be requested, 
and the airport must be responsible for providing Customs with 
satisfactory office space, equipment and supplies, at no cost to the 
Federal Government.
    In Sec. 122.15(b), Customs Regulations (19 CFR 122.15(b)), Customs 
sets forth a list of the user fee airports designated by the 
Commissioner of Customs in accordance with 19 U.S.C. 58b. This document 
updates the list.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely lists those user fee airports 
designated by the Commissioner of Customs in accordance with 19 U.S.C. 
58b and neither imposes additional burdens on, nor takes away any 
existing rights or privileges from, the public, pursuant to 5 U.S.C. 
553(b)(B), notice and public procedure are unnecessary, and for the 
same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date 
is not required.

Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. This amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

Drafting Information

    The principal author of this document was Janet L. Johnson, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects in 19 CFR Part 122

    Air carriers, Aircraft, Airports, Customs duties and inspection, 
Freight.

Amendments to the Regulations

    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, Customs Regulations, 
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.


    2. Section 122.15(b) is amended by revising the list of airports to 
read as follows:

[[Page 31265]]

Sec. 122.15  User fee airports.

* * * * *
    (b)List of user fee airports. * * *

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                 Location                               Name
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Addison, Texas............................  Addison Airport.
Blountville, Tennessee....................  Tri-City Regional Airport.
Blytheville, Arkansas.....................  Arkansas Aeroplex.
Broomfield, Colorado......................  Jefferson County Airport.
Daytona Beach, Florida....................  Daytona Beach International
                                             Airport.
Decatur, Indiana..........................  Decatur Airport.
Dublin, Virginia..........................  New River Valley Airport.
Egg Harbor Township, New Jersey...........  Atlantic City International
                                             Airport.
Englewood, Colorado.......................  Centennial Airport.
Fargo, North Dakota.......................  Hector International
                                             Airport.
Fort Wayne, Indiana.......................  Baer Field Airport.
Fort Worth, Texas.........................  Fort Worth Alliance Airport.
Johnson City, New York....................  Binghamton Regional Airport.
Lexington, Kentucky.......................  Blue Grass Airport.
Manchester, New Hampshire.................  Manchester Airport.
Medford, Oregon...........................  Rogue Valley International
                                             Airport.
Melbourne, Florida........................  Melbourne Airport.
Midland, Texas............................  Midland International
                                             Airport.
Morristown, New Jersey....................  Morristown Municipal
                                             Airport.
Moses Lake, Washington....................  Port of Moses Lake.
Myrtle Beach, South Carolina..............  Myrtle Beach International
                                             Airport.
Ocala, Florida............................  Ocala Regional Airport.
Palm Springs, California..................  Palm Springs International
                                             Airport.
Rochester, Minnesota......................   Rochester Airport.
San Bernardino, California................  San Bernardino International
                                             Airport.
Sarasota, Florida.........................  Sarasota/Bradenton
                                             International Airport.
Scottsdale, Arizona.......................  Scottsdale Airport.
Terre Haute, Indiana......................  Hulman Regional Airport.
Victorville, California...................  Southern California
                                             Logistics Airport.
Waterford, Michigan.......................  Oakland International
                                             Airport.
Waukegan, Illinois........................  Waukegan Regional Airport.
West Chicago, Illinois....................  Dupage County Airport.
West Trenton, New Jersey..................  Trenton Mercer Airport.
Wheeling, Illinois........................  Palwaukee Airport.
Wilmington, Ohio..........................  Wilmington Airport.
Ypsilanti, Michigan.......................  Willow Run Airport.
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* * * * *

Raymond W. Kelly,
Commissioner of Customs.
    Approved: March 30, 2000.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-12366 Filed 5-16-00; 8:45 am]
BILLING CODE 4820-02-P