[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Rules and Regulations]
[Pages 22782-22783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8658]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 122

[CBP Dec. 05-16]


Technical Amendment to List of User Fee Airports

AGENCY: Customs and Border Protection, Homeland Security.

ACTION: Technical amendment.

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[[Page 22783]]

SUMMARY: This document amends the Customs and Border Protection (CBP) 
Regulations to reflect the withdrawal of the user fee airport 
designation at Ocala International Airport in Ocala, Florida. 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 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.

DATES: Effective Date: May 3, 2005.

FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field 
Operations, 202-344-2776.

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. 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 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, 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 for which the users of the airport 
are to reimburse the airport/airport authority. The airport/airport 
authority agrees to set and periodically 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 certain of 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 ``CBP.''
    The Commissioner of CBP, pursuant to Sec.  122.15, CBP Regulations 
(19 CFR 122.15) designates airports as user fee airports pursuant to 19 
U.S.C. 58b. Section 122.15 also sets forth the grounds for withdrawal 
of a user fee designation and sets forth the list of user fee airports 
as designated by the Commissioner.
    This document revises the list of user fee airports in Sec.  
122.15(b) by removing Ocala International Airport. The Commissioner 
approved the termination of the User Fee Agreement between the airport 
and CBP on June 22, 2004. The airport had requested that the User Fee 
Agreement be terminated.
    This document is limited to technical corrections of CBP 
regulations. Accordingly, it is being signed under the authrity of 19 
CFR 0.1(b).

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

    This amendment merely updates and corrects the list of user fee 
airports already designated by the Commissioner of CBP in accordance 
with 19 U.S.C. 58b. Accordingly, this document 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). Thus, 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 Steven Bratcher, 
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, CBP Regulations (19 CFR Part 122) is amended as set forth 
below.

PART 122--AIR COMMERCE REGULATIONS

0
1. The general authority citation for Part 122, CBP 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, 2071 note.
* * * * *

0
2. The listing of user fee airports in Sec.  122.15(b) is amended by 
removing, in the ``Location'' column, ``Ocala, Florida'' and by 
removing on the same line, in the ``Name'' column, ``Ocala 
International Airport.''

    Dated: April 27, 2005.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
[FR Doc. 05-8658 Filed 5-2-05; 8:45 am]
BILLING CODE 4820-02-P