[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Rules and Regulations]
[Pages 50697-50698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21576]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 122

[CBP Dec. 03-22]


User Fee Airports

AGENCY: Customs and Border Protection, Homeland Security.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the 
designation of Williams Gateway Airport in Mesa, Arizona and Roswell 
Industrial Air Center in Roswell, New Mexico as user fee airports and 
to correct an error regarding the city in Texas in which the McKinney 
Airport user fee airport is located. 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 the Bureau of 
Customs and Border Protection (CBP) to receive, for a fee, the services 
of a CBP officer for the processing of aircraft entering the United 
States and their passengers and cargo.

EFFECTIVE DATE: August 22, 2003.

[[Page 50698]]


FOR FURTHER INFORMATION CONTACT: Richard Balaban, Office of Field 
Operations, 202-927-0031.

SUPPLEMENTARY INFORMATION: 

Background

    Generally, a civil aircraft arriving from a place outside of the 
United States is required to land at an airport designated as an 
international airport. Alternatively, the pilot of a civil aircraft may 
request permission to land at a specific airport and if landing rights 
are granted, the civil aircraft may land at that landing rights 
airport.
    Section 236 of Pub. L. 94-573 (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 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 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 aircraft 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 appropriations from the general treasury of the United States. 
Instead, the customs services 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 or that airport's 
authority agrees to pay 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 the charges 
to ensure that they are in accord with the airport's expenses.
    Sections 403(1) and 411 of the Homeland Security Act of 2002 (``the 
Act,'' Pub. L. 107-296) transferred the United States Customs Service 
and its functions from the Department of the Treasury to the Department 
of Homeland Security; pursuant to section 1502 of the Act, the 
President renamed the ``Customs Service'' as the ``Bureau of Customs 
and Border Protection,'' also referred to as the ``CBP.''
    The Commissioner of CBP, pursuant to Sec.  122.15, Customs 
Regulations (19 CFR 122.15) designates airports as user fee airports 
pursuant to 19 U.S.C. 58b. Section 122.15 sets forth the list of 
designated user fee airports.
    Thirty seven airports are currently listed in Sec.  122.15. This 
document revises the list of user fee airports. It adds Williams 
Gateway Airport in Mesa, Arizona, and Roswell Industrial Air Center in 
Roswell, New Mexico, to this listing of designated user fee airports. 
It also corrects the location of McKinney Municipal Airport from 
Dallas, Texas, to McKinney, Texas.

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 and corrects the list of user 
fee airports designated by the Commissioner of CBP 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, CBP. 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

0
Part 122, Customs Regulations (19 CFR Part 122) is amended as set forth 
below.

PART 122--AIR COMMERCE REGULATIONS

0
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, 1431, 1433, 1436, 
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a.
* * * * *

0
2. The listing of user fee airports in section 122.15(b) is amended:
0
a. By adding, in alphabetical order, in the ``Location'' column, 
``Mesa, Arizona'' and by adding on the same line, in the ``Name'' 
column, ``Williams Gateway Airport;''
0
b. By adding, in alphabetical order, in the ``Location'' column, 
``Roswell, New Mexico'' and by adding on the same line, in the ``Name'' 
column, ``Roswell Air Industrial Center;'' and
0
c. On the same line as the ``McKinney Airport'' in the ``Name'' column, 
by removing in the ``Location'' column ``Dallas, Texas'' and by adding 
in its place'' McKinney, Texas.''

    Dated: August 19, 2003.
Robert C. Bonner,
Commissioner, Bureau of Customs and Border Protection.
[FR Doc. 03-21576 Filed 8-21-03; 8:45 am]
BILLING CODE 4820-02-P