[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31823-31824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13615]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 11-13]


Technical Amendment to List of User Fee Airports: Addition of 
Dallas Love Field Municipal Airport, Dallas, TX

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends the regulations pertaining to the 
organization of U.S. Customs and Border Protection (CBP) by revising 
the list of user fee airports to reflect the recent user fee airport 
designation for Dallas Love Field Municipal Airport, in Dallas, Texas. 
User fee airports are those airports which, while not qualifying for 
designation as international or landing rights airports, have been 
approved by the Commissioner of CBP to receive, for a fee, the services 
of CBP officers for the processing of aircraft entering the United 
States, and the passengers and cargo of those aircraft.

DATES: Effective Date: June 2, 2011.

FOR FURTHER INFORMATION CONTACT: Roger Kaplan, Acting Director, Audits 
and Self-Inspection, Office of Field Operations, at 202-325-4543 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Title 19, Code of Federal Regulations (CFR), sets forth at Part 122 
the regulations relating to the entry and clearance of aircraft in 
international commerce and the transportation of persons and cargo by 
aircraft in international commerce.
    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 Public Law 98-573 (the Trade and Tariff Act of 
1984), codified

[[Page 31824]]

at 19 U.S.C. 58b, created an option for civil aircraft desiring to land 
at an airport other than an international airport or a 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 Homeland Security as a user fee airport.
    Pursuant to 19 U.S.C. 58b, an airport may be designated as a user 
fee airport if the Commissioner of CBP as delegated by the Secretary of 
Homeland Security determines that the volume of business at the airport 
is insufficient to justify 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 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 Commissioner of CBP in providing customs services which are 
rendered to such person at such airport, including the salary and 
expenses of those employed by the Commissioner of CBP 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.
    The Commissioner of CBP designates airports as user fee airports 
pursuant to 19 U.S.C. 58b. If the Commissioner decides that the 
conditions for designation as a user fee airport are satisfied, a 
Memorandum of Agreement (MOA) is executed between the Commissioner of 
CBP and the local responsible official signing on behalf of the state, 
city or municipality in which the airport is located. In this manner, 
user fee airports are designated on a case-by-case basis. The 
regulation pertaining to user fee airports is 19 CFR 122.15. It 
addresses the procedures for obtaining permission to land at a user fee 
airport, the grounds for withdrawal of a user fee designation and 
includes the list of user fee airports designated by the Commissioner 
of CBP in accordance with 19 U.S.C. 58b. Periodically, CBP updates the 
list of user fee airports at 19 CFR 122.15(b) to reflect those that 
have been recently designated by the Commissioner. On January 28, 2011, 
the Commissioner signed an MOA approving the designation of user fee 
status for Dallas Love Field Municipal Airport. This document updates 
the list of user fee airports by adding Dallas Love Field Municipal 
Airport, in Dallas, Texas, to the list.

II. Statutory and Regulatory Requirements

A. Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely updates the list of user fee airports 
to include an airport already designated by the Commissioner of CBP in 
accordance with 19 U.S.C. 58b and neither imposes additional burdens 
on, nor take 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.

B. The Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. This amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

C. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

D. Executive Order 13132

    The rule will not have substantial direct effects on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with section 6 of Executive 
Order 13132, this rule does not have sufficient federalism implications 
to warrant the preparation of a federalism summary impact statement.

E. Signing Authority

    This document is limited to technical corrections of CBP 
regulations. Accordingly, it is being signed under the authority of 19 
CFR 0.1(b).

List of Subjects in 19 CFR Part 122

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

    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 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.  122.15  [Amended]

0
2. The listing of user fee airports in section 122.15(b) is amended by 
adding, in alphabetical order, in the ``Location'' column ``Dallas, 
Texas'' and in the ``Name'' column, ``Dallas Love Field Municipal 
Airport''.

    Dated: May 24, 2011.
Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2011-13615 Filed 6-1-11; 8:45 am]
BILLING CODE 9111-14-P