[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Rules and Regulations]
[Pages 35722-35723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12645]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

[T. D. 02-27]


New User Fee Airport

AGENCY: 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 a new user fee airport in Dallas, Texas. 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.

EFFECTIVE DATE: May 21, 2002.

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  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  122.13, 
Customs Regulations (19 CFR 122.13). In accordance with 
 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. If permission is granted, Customs will assign 
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 Pub. L. 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

[[Page 35723]]

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  122.15, 
Customs Regulations, as user fee airports. This document revises the 
list of user fee airports. It adds McKinney Municipal Airport, in 
Dallas, Texas, to this listing of designated user fee airports.

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.

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.

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.

Amendment 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 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. The listing of user fee airports in  122.15(b) is 
amended by adding, in alphabetical order, in the "Location" 
column, "Dallas, Texas" and by adding on the same line, in 
the "Name" column, "McKinney Municipal 
Airport".

Robert C. Bonner,
Commissioner of Customs.
    Approved: May 16, 2002.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-12645 Filed 5-20-02; 8:45 am]
BILLING CODE 4820-02-P