[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Rules and Regulations]
[Pages 50103-50105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24534]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

[T. D. 01-70]


User Fee Airports

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the 
establishment of one additional user fee airport and the cancellation 
of another user fee airport. A user fee airport is one which, while not 
qualifying for designation as an international or landing rights 
airport, has been approved by the Commissioner of Customs to receive, 
for a fee, the services of a Customs officer for the processing of 
aircraft entering the United States and their passengers and cargo.

[[Page 50104]]


EFFECTIVE DATE: October 2, 2001.

FOR FURTHER INFORMATION CONTACT: Nancy Bruner, Mission Support, Office 
of Field Operations, (202) 927-2290.

SUPPLEMENTARY INFORMATION:

Background

    Part 122, Customs Regulations (19 CFR part 122), sets forth 
regulations that are applicable to all international air commerce 
relating to the entry and clearance of aircraft and the transportation 
of persons and cargo by aircraft.
    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 122.14).
    Section 236 of Public Law 98-573 (the Trade and Tariff Act of 
1984), codified at 19 U.S.C. 58b, created 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 of 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.
    As the volume of business anticipated at this type of airport is 
insufficient to justify its designation as an international or landing 
rights airport, the availability of Customs services is not paid for 
out of the 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 airport on 
behalf of the recipients of the services.
    The fees which are to be charged at user fee airports, according to 
the statute, shall be paid by each person using the 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 which 
are rendered to such person 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, generally, the 
airport seeking the designation as a user fee airport of 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 to 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.
    Thirty-six airports are currently listed in Sec. 122.15, Customs 
Regulations, as user fee airports. This document revises the list of 
user fee airports. It adds Edinburg International Airport, in Edinburg, 
Texas, to this listing of designated user fee airports and removes the 
Arkansas Aeroplex at Blytheville, Arkansas from the list. These actions 
are taken pursuant to the airports' request.

Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required for this final 
rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) do not apply. Agency organization matters such as this amendment 
are exempt from consideration under Executive Order 12866.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely updates the list of user fee airports 
designated by the Commissioner of Customs in accordance with 19 U.S.C. 
58b and neither imposes any 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.

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.


Sec. 122.15  User fee airports.

    2. The listing of user fee airports in section 122.15(b) is amended 
by removing ``Blytheville, Arkansas'' from the ``Location'' column and 
on the same line ``Arkansas Aeroplex'' from the ``Name'' column; and by 
adding, in alphabetical order, in the ``Location'' column, ``Edinburg, 
Texas'' and by

[[Page 50105]]

adding on the same line, in the ``Name'' column, ``Edinburg 
International Airport''.

Charles W. Winwood,
Acting Commissioner of Customs.
    Approved: September 26, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 01-24534 Filed 10-1-01; 8:45 am]
BILLING CODE 4820-02-P