[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Rules and Regulations]
[Pages 12261-12262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4578]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules 
and Regulations  

[[Page 12261]]



DEPARTMENT OF HOMELAND SECURITY

 Bureau of Customs and Border Protection

19 CFR Part 122

 [USCBP-2007-0017; CBP Dec. 08-01]


Addition of San Antonio International Airport to List of 
Designated Landing Locations for Certain Aircraft

AGENCY: Customs and Border Protection; Department of Homeland Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Customs and Border Protection (CBP) 
Regulations by adding the San Antonio International Airport (SAT), 
located in San Antonio, Texas, to the list of designated airports at 
which certain aircraft arriving in the continental United States from 
certain areas south of the United States must land for CBP processing. 
This amendment is made to improve the effectiveness of CBP enforcement 
efforts to combat the smuggling of contraband by air into the United 
States from the south.

DATES: April 7, 2008.

FOR FURTHER INFORMATION CONTACT: Fred Ramos, Program Manager, 
Admissibility and Passenger Programs, Office of Field Operations, 
Customs and Border Protection at (202) 344-3726.

SUPPLEMENTARY INFORMATION: 

 Background

    In a Notice of Proposed Rulemaking (NPRM) published in the Federal 
Register on September 11, 2007, CBP proposed to amend its regulations 
by adding the San Antonio International Airport (SAT), located in San 
Antonio, Texas, to the list of designated airports at which certain 
aircraft arriving in the continental United States from certain areas 
south of the United States must land for CBP processing. See 72 FR 
51730.
    As part of CBP's efforts to combat drug-smuggling activities, CBP 
air commerce regulations were amended in 1975 by Treasury Decision 
(T.D.) 75-201, to impose special reporting requirements and control 
procedures on certain aircraft arriving in the continental United 
States via the U.S./Mexican border, the Pacific Coast, the Gulf of 
Mexico, or the Atlantic Coast from certain locations in the southern 
portion of the Western Hemisphere. These special reporting requirements 
apply to all aircraft except the following: Public aircraft; those 
aircraft operated on a regularly published schedule, pursuant to a 
certificate of public convenience and necessity or foreign aircraft 
permit issued by the Department of Transportation authorizing 
interstate, overseas air transportation; and those aircraft with a 
seating capacity of more than 30 passengers or a maximum payload 
capacity of more than 7,500 pounds which are engaged in air 
transportation for compensation or hire on demand. See 19 CFR 
122.23(a). Thus, since 1975, commanders of such aircraft have been 
required to furnish CBP with notice one hour prior to crossing the 
coastline or border, and to land at the nearest airport to the point of 
crossing designated by CBP for processing.
    Specifically, the regulations provide that subject aircraft 
arriving in the continental United States from certain areas south of 
the United States must furnish a notice of intended arrival to the 
designated airport located nearest the point of crossing. 19 CFR 
122.23. Section 122.24(b) provides that, unless exempt, such aircraft 
must land at designated airports for CBP processing and delineates the 
airports designated for reporting and processing purposes for these 
aircraft. 19 CFR 122.24(b).
    During the previous six years, aircraft subject to the special 
reporting requirements entering the United States from the specified 
foreign areas at a point of crossing near San Antonio, were required to 
land at San Antonio International Airport (SAT) for processing by CBP. 
These international flights have been arriving at SAT since November 
2000, when SAT was temporarily designated as an airport where aircraft 
arriving from certain southern areas could land pursuant to section 
1453 of the Tariff Suspension and Trade Act of 2000 (Pub. L. 106-476, 
Nov. 9, 2000). The Miscellaneous Trade and Technical Corrections Act of 
2004 (Pub. L. 108-429, Dec. 3, 2004) effectively extended the airport's 
designation through November 9, 2006.
    This statutory designation has now expired. Community officials 
from San Antonio, Texas and the surrounding region have written CBP 
requesting that SAT be designated by regulation as an airport where 
aircraft arriving from certain southern areas must land.
    During the six years that SAT has been statutorily designated as an 
airport at which these aircraft arriving from the south may land for 
customs processing, CBP has reported no incidents or problems arising 
from this designation. Such a designation will impose no additional 
burdens on CBP as CBP already has a significant presence at SAT, 
processing international passengers arriving on scheduled commercial 
airliners as a landing rights airport. These same CBP personnel have 
been processing passengers arriving from the south since SAT was 
temporarily designated as an airport where aircraft arriving from the 
south could land pursuant to the Tariff Suspension and Trade Act of 
2000. SAT provides facilities and security and law enforcement support 
services, at no charge to CBP, to assist in the processing of aircraft. 
Consequently, CBP proposed in the NPRM to permanently designate SAT as 
an airport where certain aircraft, arriving in the United States from 
south of the United States, are authorized to land for CBP processing.

 Analysis of Comments and Conclusion

    CBP received 34 comments in response to the NPRM. These comments 
were all in favor of the proposal. Each comment was favorable in its 
entirety; no alternate courses of action, limitations or possible 
problems were presented by the commenters. As CBP continues to believe 
that this amendment will improve the effectiveness of CBP enforcement 
efforts to combat the smuggling of contraband by air into the United 
States from the south, CBP is, as proposed, adding SAT to the list of 
designated airports at which certain aircraft arriving in the 
continental United States from certain

[[Page 12262]]

areas south of the United States must land for CBP processing.

Authority

    This change is made under the authority of 5 U.S.C. 301, 19 U.S.C. 
1433, 1644a, 1624, and 6 U.S.C. 203.

The Regulatory Flexibility Act and Executive Order 12866

    This amendment expands the list of designated airports at which 
certain aircraft may land for customs processing. As described in this 
document, certain international flights have been arriving at SAT, 
pursuant to statute, from November 2000, through November 9, 2006. The 
expansion of the list of designated airports to include SAT will not 
result in any new impact on affected parties but will result in a 
continuation of the previous situation. Therefore, CBP certifies that 
this rule will not have significant economic impact on a substantial 
number of small entities. Accordingly, the document is not subject to 
the regulatory analysis or other requirements of 5 U.S.C. 603 and 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The Office of 
Management and Budget has determined that this rule is not a 
significant regulatory action as defined under Executive Order 12866.

Signing Authority

    This amendment to the regulations is being issued in accordance 
with 19 CFR 0.2(a) pertaining to the authority of the Secretary of 
Homeland Security (or his or her delegate) to prescribe regulations not 
related to customs revenue functions.

List of Subjects in 19 CFR Part 122

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

Amendments to Regulations

0
Part 122, Code of Federal Regulations (19 CFR part 122) is amended as 
set forth below:

PART 122--AIR COMMERCE REGULATIONS

0
1. The authority citation for part 122, 19 CFR, 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.

* * * * *


Sec.  122.24  [Amended]

0
2. In Sec.  122.24(b) the chart is amended by adding to the list of 
airports, in alphabetical order in the ``Location'' column, ``San 
Antonio Tex'' and on the same line, in the ``Name'' column, ``San 
Antonio International Airport.''

    Dated: March 3, 2008.
Michael Chertoff,
Secretary.
[FR Doc. E8-4578 Filed 3-6-08; 8:45 am]
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