[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Rules and Regulations]
[Pages 55760-55761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25436]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 17-18]


Technical Amendment to List of User Fee Airports: Removal of 
Meadows Field Airport, Bakersfield, CA and the Addition of Griffiss 
International Airport, Rome, NY; Van Nuys Airport, Van Nuys, CA; Cobb 
County Airport-McCollum Field, Kennesaw, GA; and Charlotte-Monroe 
Executive Airport, Monroe, NC

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations by revising the list of user fee airports to reflect the 
removal of user fee status for Meadows Field Airport in Bakersfield, 
California and the designation of user fee status for four additional 
airports: Griffiss International Airport in Rome, New York; Van Nuys 
Airport in Van Nuys, California; Cobb County Airport-McCollum Field in 
Kennesaw, Georgia; and Charlotte-Monroe Executive Airport in Monroe, 
North Carolina. 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: November 24, 2017.

FOR FURTHER INFORMATION CONTACT: Chris Sullivan, Director, Alternative 
Funding Program, Office of Field Operations, U.S. Customs and Border 
Protection at [email protected] or 202-344-3907.

SUPPLEMENTARY INFORMATION:

Background

    Title 19, part 122 of the Code of Federal Regulations (19 CFR part 
122) sets forth 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 the Trade and Tariff Act of 1984 (Pub. L. 98-573, 98 
stat. 2948, 2994 (1984)), codified 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 \1\ as a user fee airport.
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    \1\ Sections 403(1) and 411 of the Homeland Security Act of 2002 
(Pub. L. 107-296, 116 stat. 2135, 2178-79 (2002)), codified at 6 
U.S.C. 203(1) and 211, transferred certain functions, including the 
authority to designate user fee facilities, from the U.S. Customs 
Service of the Department of the Treasury to the Department of 
Homeland Security.
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    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 or value 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.\2\ As the volume or value 
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. The fees charged must be paid by the user 
fee airport and must be in the amount equal to the expenses incurred by 
the Commissioner of CBP in providing customs services at such airport, 
including the salary and expenses of those employed by the Commissioner 
of CBP to provide the customs services. See 19 U.S.C. 58b.
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    \2\ In addition to airports, 19 U.S.C. 58b also authorizes the 
designation of seaports or other facilities as user fee facilities.
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    The Commissioner of CBP designates airports as user fee airports in 
accordance with 19 U.S.C. 58b and pursuant to 19 CFR 122.15. 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 user fee airport sponsor. The 
user fee status designation may be withdrawn if either CBP or the 
airport authority provides 120 days written notice of termination to 
the other party. See 19 CFR 122.15(c)(1). In this manner, user fee 
airports are designated and withdrawn on a case-by-case basis.
    Section 122.15 of CBP's regulations also sets forth the list of 
designated user fee airports. Periodically, CBP updates the list of 
user fee airports at 19 CFR 122.15(b) to reflect those that are 
currently designated by the Commissioner of CBP.

Recent Changes Requiring Updates to the List of User Fee Airports

    This document updates the list of user fee airports in 19 CFR 
122.15(b) by adding Griffiss International Airport in Rome, New York; 
Van Nuys Airport in Van Nuys, California; Cobb County Airport-McCollum 
Field in Kennesaw, Georgia; and Charlotte-Monroe Executive Airport in 
Monroe, North Carolina. The Commissioner of CBP has signed an MOA 
designating each of these four airports as a user fee airport.\3\
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    \3\ The Commissioner of CBP signed an MOA designating Griffiss 
International Airport on March 3, 2015, an MOA designating Van Nuys 
Airport on April, 17, 2015, an MOA designating Cobb County Airport-
McCollum Field on June 8, 2015, and an MOA designating Charlotte-
Monroe Executive Airport on July 28, 2014.
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    Additionally, this document updates the list of user fee airports 
by removing Meadows Field Airport in Bakersfield, California. After an 
initial request by the airport authority of Meadows Field Airport to 
withdraw its user fee status, the airport authority and CBP agreed to 
terminate their MOA and the user fee status of Meadows Field Airport. 
On November 23, 2016, the Commissioner

[[Page 55761]]

of CBP provided written notice to the airport authority of Meadows 
Field Airport that the user fee status of Meadows Field Airport was 
terminated.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
is exempted from the prior public notice and comment procedures if it 
finds, for good cause, that they are impracticable, unnecessary, or 
contrary to the public interest. This final rule makes a conforming 
change by updating the list of user fee airports to add four airports 
that have already been designated by the Commissioner of CBP in 
accordance with 19 U.S.C. 58b as user fee airports and to remove one 
airport from the list, the designation of which has already been 
withdrawn by the Commissioner of CBP. Because this conforming rule has 
no substantive impact, is technical in nature, and does not impose 
additional burdens on or take away any existing rights or privileges 
from the public, CBP finds for good cause that the prior public notice 
and comments procedures are impracticable, unnecessary, and contrary to 
the public interest. 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 Orders 12866 and 13771

    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. Additionally, because this amendment is not a significant 
regulatory action it is not subject to the requirements of Executive 
Order 13771.

Paperwork Reduction Act

    There is no new collection of information required in this 
document; therefore, the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507) are inapplicable.

Signing Authority

    This document is limited to a technical correction 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.

Amendments to Regulations

    Part 122, of title 19 of the Code of Federal 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 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. Section 122.15(b) is amended by removing the entry for 
``Bakersfield, California'' and adding entries in alphabetical order 
for ``Kennesaw, Georgia,'' ``Monroe, North Carolina,'' ``Rome, New 
York,'' and ``Van Nuys, California'' to read as follows:


Sec.  122.15  User fee airports.

* * * * *
    (b) * * *

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                 Location                               Name
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                                * * * * *
Kennesaw, Georgia.........................  Cobb County Airport-McCollum
                                             Field.
 
                                * * * * *
Monroe, North Carolina....................  Charlotte-Monroe Executive
                                             Airport.
 
                                * * * * *
Rome, New York............................  Griffiss International
                                             Airport.
 
                                * * * * *
Van Nuys, California......................  Van Nuys Airport.
 
                                * * * * *
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    Dated: November 20, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2017-25436 Filed 11-22-17; 8:45 am]
 BILLING CODE 9111-14-P