[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Rules and Regulations]
[Pages 7608-7610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03581]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 18-01]


Technical Amendment to List of User Fee Airports: Name Changes of 
Several Airports and the Addition of Five Airports

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 
name changes of several airports and the designation of user fee status 
for five additional airports: South Texas International Airport at 
Edinburg in Edinburg, Texas; Florida Keys Marathon Airport in Marathon, 
Florida; Appleton International Airport in Appleton, Wisconsin; South 
Bend International Airport in South Bend, Indiana; and Conroe-North 
Houston Regional Airport in Conroe, 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: February 22, 2018.

FOR FURTHER INFORMATION CONTACT: Chris Sullivan, Director, Alternative 
Funding Program, Office of Field Operations, U.S. Customs and Border 
Protection at Christopher.J.Sullivan@cbp.dhs.gov 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. 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.
    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. In 
this manner, user fee airports are designated on a case-by-case basis.
    The list of designated user fee airports is set forth in 19 CFR 
122.15(b). Periodically, CBP updates the list to reflect designated 
airports that have not yet been added to the list and to reflect any 
changes in the names of the designated user fee airports.

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 the following five airports: South Texas 
International Airport at Edinburg in Edinburg, Texas; Florida Keys 
Marathon Airport in Marathon, Florida; Appleton International Airport 
in Appleton, Wisconsin; South Bend International Airport in South Bend, 
Indiana; and Conroe-North Houston Regional Airport in Conroe, Texas. 
During the last several years, the Commissioner of CBP signed MOAs 
designating each of these five airports as a user fee airport.\2\
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    \2\ The Commissioner of CBP signed an MOA designating Conroe-
North Houston Regional Airport on June 14, 2016, an MOA designating 
South Bend International Airport on July 5, 2016, an MOA designating 
South Texas International Airport at Edinburg on September 18, 2014, 
an MOA designating Florida Keys Marathon Airport on April 3, 2015, 
and an MOA designating Appleton International Airport on October 23, 
2015.
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    Additionally, this document updates the list of user fee airports 
to reflect name changes of airports that were previously designated as 
user fee airports. The name changes are shown in the following chart. 
The left column contains the former name of each airport as it is 
currently listed in 19 CFR 122.15(b). The right column contains the 
updated name of each airport.

------------------------------------------------------------------------
           Name Change From:                           To:
------------------------------------------------------------------------
Melbourne Airport......................  Orlando Melbourne International
                                          Airport.
Jefferson County Airport...............  Rocky Mountain Metropolitan
                                          Airport.
Leesburg Regional Airport..............  Leesburg International Airport.
Manchester Airport.....................  Manchester-Boston Regional
                                          Airport.

[[Page 7609]]

 
Collin County Regional Airport.........  McKinney National Airport.
Midland International Airport..........  Midland International Air and
                                          Space Port.
Rogers Municipal Airport...............  Rogers Executive Airport--
                                          Carter Field.
St. Augustine Airport..................  Northeast Florida Regional
                                          Airport.
Waukegan Regional Airport..............  Waukegan National Airport.
Binghamton Regional Airport............  Greater Binghamton Airport.
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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 conforming 
changes by updating the list of user fee airports to add five 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 update the 
name of several user fee airports. 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. In Sec.  122.15, amend the table in paragraph (b) by:
0
a. Adding an entry for ``Appleton, Wisconsin'' in alphabetical order;
0
b. Revising the entry for ``Broomfield, Colorado'';
0
c. Adding entries for ``Conroe, Texas'' and ``Edinburg, Texas'' in 
alphabetical order;
0
d. Revising the entries for ``Johnson City, New York'', ``Leesburg, 
Florida'', and ``Manchester, New Hampshire'';
0
e. Adding an entry for ``Marathon, Florida'' in alphabetical order;
0
f. Revising the entries for ``McKinney, Texas'', ``Melbourne, 
Florida'', ``Midland, Texas'', and ``Rogers, Arkansas'';
0
g. Adding an entry for ``South Bend, Indiana'' in alphabetical order; 
and
0
h. Revising the entries for ``St. Augustine, Florida'' and ``Waukegan, 
Illinois''.
    The additions and revisions read as follows:


Sec.  122.15  User fee airports.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                Location                               Name
------------------------------------------------------------------------
 
                              * * * * * * *
Appleton, Wisconsin....................  Appleton International Airport.
 
                              * * * * * * *
Broomfield, Colorado...................  Rocky Mountain Metropolitan
                                          Airport.
 
                              * * * * * * *
Conroe, Texas..........................  Conroe-North Houston Regional
                                          Airport.
 
                              * * * * * * *
Edinburg, Texas........................  South Texas International
                                          Airport at Edinburg.
 
                              * * * * * * *
Johnson City, New York.................  Greater Binghamton Airport.
 
                              * * * * * * *
Leesburg, Florida......................  Leesburg International Airport.
 
                              * * * * * * *
Manchester, New Hampshire..............  Manchester-Boston Regional
                                          Airport.
Marathon, Florida......................  Florida Keys Marathon Airport.
 

[[Page 7610]]

 
                              * * * * * * *
McKinney, Texas........................  McKinney National Airport.
Melbourne, Florida.....................  Orlando Melbourne International
                                          Airport.
 
                              * * * * * * *
Midland, Texas.........................  Midland International Air and
                                          Space Port.
 
                              * * * * * * *
Rogers, Arkansas.......................  Rogers Executive Airport--
                                          Carter Field.
 
                              * * * * * * *
South Bend, Indiana....................  South Bend International
                                          Airport.
St. Augustine, Florida.................  Northeast Florida Regional
                                          Airport.
 
                              * * * * * * *
Waukegan, Illinois.....................  Waukegan National Airport.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

    Dated: February 15, 2018.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2018-03581 Filed 2-21-18; 8:45 am]
 BILLING CODE 9111-14-P