[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Rules and Regulations]
[Pages 52823-52825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20518]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 21-14]


Technical Amendment To List of User Fee Airports: Addition of 
Three Airports, Removal of Two Airports

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

ACTION: Final rule; technical amendment.

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[[Page 52824]]

SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations by revising the list of user fee airports. User fee 
airports are airports that have been approved by the Commissioner of 
CBP to receive, for a fee, the customs services of CBP officers for 
processing aircraft, passengers, and cargo entering the United States, 
but that do not qualify for designation as international or landing 
rights airports. Specifically, this technical amendment reflects the 
designation of user fee status for three additional airports: Witham 
Field Airport in Stuart, Florida; Plattsburgh International Airport in 
Plattsburgh, New York; and Fort Worth Meacham International Airport in 
Fort Worth, Texas. This document also amends CBP regulations by 
removing the designation of user fee status for two airports: Griffiss 
International Airport in Rome, New York, and Cobb County International 
Airport in Kennesaw, Georgia.

DATES: Effective date: September 23, 2021.

FOR FURTHER INFORMATION CONTACT: Ryan Flanagan, Director, Alternative 
Funding Program, Office of Field Operations, U.S. Customs and Border 
Protection at [email protected] or 202-550-9566.

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 engaged in international commerce and the transportation of 
persons and cargo by aircraft in international commerce.\1\ Generally, 
a civil aircraft arriving from outside the United States must 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.\2\
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    \1\ For purposes of this technical rule, an ``aircraft'' is 
defined as any device used or designed for navigation or flight in 
air and does not include hovercraft. 19 CFR 122.1(a).
    \2\ A landing rights airport is ``any airport, other than an 
international airport or user fee airport, at which flights from a 
foreign area are given permission by Customs to land.'' 19 CFR 
122.1(f).
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    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 
alternative option for civil aircraft that desire to land at an airport 
that is neither an international airport nor a landing rights airport. 
This alternative option allows the Commissioner of U.S. Customs and 
Border Protection (CBP) to designate an airport, upon request by the 
airport authority, as a user fee airport.\3\ Pursuant to 19 U.S.C. 58b, 
a requesting airport may be designated as a user fee airport only 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 by 
appropriations from the general treasury of the United States. Instead, 
the user fee airport pays for the customs services provided by CBP. The 
user fee airport must pay the fees charged, which must be in an amount 
equal to the expenses incurred by the Commissioner of CBP in providing 
customs services at the user fee airport, including the salary and 
expenses of CBP employees to provide the customs services. See 19 
U.S.C. 58b.
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    \3\ 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 newly established 
U.S. 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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    The Commissioner of CBP designates airports as user fee airports in 
accordance with 19 U.S.C. 58b and 19 CFR 122.15. The Commissioner 
designates user fee airports 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 sponsor of the user fee 
airport. Pursuant to 19 CFR 122.15(c), the designation of an airport as 
a user fee airport must be withdrawn if either CBP or the airport 
authority gives 120 days written notice of termination to the other 
party or if any amounts due to be paid to CBP are not paid on a timely 
basis.
    The list of designated user fee airports is set forth in 19 CFR 
122.15(b). Periodically, CBP updates the list to include newly 
designated airports that were not previously on the list, to reflect 
any changes in the names of the designated user fee airports, and to 
remove airports that are no longer designated as 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 three airports: Witham Field Airport 
in Stuart, Florida; Plattsburgh International Airport in Plattsburgh, 
New York; and Fort Worth Meacham International Airport in Fort Worth, 
Texas. The Commissioner of CBP has signed MOAs with the respective 
airport authorities designating each of these three airports as a user 
fee airport.\4\
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    \4\ Then-Commissioner Kevin K. McAleenan signed MOAs designating 
Witham Field Airport on November 5, 2018, and Fort Worth Meacham 
International Airport on August 29, 2017. Then-Acting Commissioner 
Mark A. Morgan signed an MOA designating Plattsburgh International 
Airport on August 28, 2019.
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    Additionally, this document updates the list of user fee airports 
in 19 CFR 122.15(b) by removing two airports: Griffiss International 
Airport in Rome, New York, and Cobb County International Airport in 
Kennesaw, Georgia. After the airport authority of Griffiss 
International Airport requested to terminate its user fee status on 
August 5, 2020, the airport authority and CBP mutually agreed to 
terminate the user fee status of Griffiss International Airport 
effective on October 10, 2020. The airport authority of Cobb County 
International Airport requested to terminate its user fee status on 
July 1, 2020, and the airport authority and CBP mutually agreed to 
terminate the user fee status of Cobb County International Airport 
effective on October 10, 2020.

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 
three airports that have already been designated by the Commissioner of 
CBP as user fee airports and by removing two airports for which the 
Commissioner has withdrawn the user fee airport designation, in 
accordance with 19 U.S.C. 58b. 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

[[Page 52825]]

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 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.

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). Acting Commissioner Troy A. Miller, 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:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 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) as follows:
0
a. Add a second entry for ``Fort Worth, Texas'' immediately following 
the existing entry for ``Fort Worth, Texas'';
0
b. Remove the entry for ``Kennesaw, Georgia'';
0
c. Add an entry for ``Plattsburgh, New York'' in alphabetical order;
0
d. Remove the entry for ``Rome, New York''; and
0
e. Add an entry for ``Stuart, Florida'' in alphabetical order.
    The additions read as follows:


Sec.  122.15  User fee airports.

* * * * *
    (b) * * *

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             Location                               Name
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                              * * * * * * *
Fort Worth, Texas.................  Fort Worth Meacham International
                                     Airport.
 
                              * * * * * * *
Plattsburgh, New York.............  Plattsburgh International Airport.
 
                              * * * * * * *
Stuart, Florida...................  Witham Field Airport.
 
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Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2021-20518 Filed 9-22-21; 8:45 am]
BILLING CODE 9111-14-P