[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Rules and Regulations]
[Pages 44708-44710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15475]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 20-10]


Technical Amendment to List of User Fee Airports: Addition of 
Four 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 
designation of user fee status for four additional airports: New York 
Stewart International Airport in New Windsor, New York; Lakeland Linder 
International Airport in Lakeland, Florida; Boca Raton Airport in Boca 
Raton, Florida; and Ontario

[[Page 44709]]

International Airport in Ontario, California. 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 customs services of CBP 
officers for the processing of aircraft entering the United States, and 
the passengers and cargo of those aircraft.

DATES: Effective July 24, 2020.

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 Commissioner of CBP 
\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 as 
amended 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. The Secretary of Homeland Security 
delegated the authority to designate user fee facilities to the 
Commissioner of CBP through Department of Homeland Security 
Delegation, Sec. II.A., No. 7010.3 (May 11, 2006).
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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 determines that the volume or 
value of business at the airport is insufficient to justify the 
unreimbursed 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 cleared through this 
type of airport is insufficient to justify the availability of customs 
services at no cost, customs services provided by CBP at the airport 
are not funded out of appropriations from the general treasury of the 
United States. Instead, customs services provided by CBP are 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. User fee 
airports are designated on a case-by-case basis. 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 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 four airports: New York Stewart 
International Airport in New Windsor, New York; Lakeland Linder 
International Airport in Lakeland, Florida; Boca Raton Airport in Boca 
Raton, Florida; and Ontario International Airport in Ontario, 
California. During the last several years, the Commissioner of CBP 
signed MOAs designating each of these four airports as a user fee 
airport.\2\
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    \2\ The Commissioner of CBP signed an MOA designating Ontario 
International Airport on March 23, 2018; Boca Raton Airport on 
August 25, 2017; New York Stewart International Airport on June 21, 
2017; and Lakeland Linder International Airport on November 16, 
2016.
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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 such procedures 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 
four airports that have already been designated by the Commissioner of 
CBP in accordance with 19 U.S.C. 58b as 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 comment 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). The Acting Commissioner Mark A. Morgan, having reviewed and 
approved this document, is delegating the authority to electronically 
sign this document to Robert F. Altneu, who is the Director of the 
Regulations and Disclosure Law Division for CBP, for purposes of 
publication in the Federal Register.

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:


[[Page 44710]]


    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 adding entries 
for ``Boca Raton, Florida'', ``Lakeland, Florida'', ``New Windsor, New 
York'', and ``Ontario, California'' in alphabetical order to read as 
follows.


Sec.  122.15   User fee airports.

* * * * *
    (b) * * *

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                Location                               Name
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                              * * * * * * *
Boca Raton, Florida....................  Boca Raton Airport.
 
                              * * * * * * *
Lakeland, Florida......................  Lakeland Linder International
                                          Airport.
 
                              * * * * * * *
New Windsor, New York..................  New York Stewart International
                                          Airport.
Ontario, California....................  Ontario International Airport.
 
                              * * * * * * *
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* * * * *

    Dated: July 14, 2020.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2020-15475 Filed 7-23-20; 8:45 am]
BILLING CODE 9111-14-P