[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Rules and Regulations]
[Pages 57991-57992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22880]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 21-15]


Technical Amendment to List of User Fee Airports: Removal of One 
Airport

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

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations by removing one airport from 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 do not qualify for designation as international or 
landing rights airports. Specifically, this technical amendment 
reflects the removal of the designation of user fee airport status for 
the Charlotte-Monroe Executive Airport in Monroe, North Carolina.

DATES: Effective date: October 20, 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, 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 seeking 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 or other sponsoring entity, 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 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 CBP in providing customs and related 
services at the user fee airport, including the salary and expenses of 
CBP employees to provide such services. See 19 U.S.C. 58b; also 19 CFR 
24.17(a)-(b).
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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). The Commissioner 
subsequently delegated this authority to the Executive Assistant 
Commissioner of the Office of Field Operations on January 28, 2020.
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    CBP designates airports as user fee airports in accordance with 19 
U.S.C. 58b and 19 CFR 122.15 and on a case-by-case basis. If CBP 
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 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 Change Requiring Update to the List of User Fee Airports

    This document updates the list of user fee airports in 19 CFR 
122.15(b) by removing the Charlotte-Monroe Executive Airport in Monroe, 
North Carolina. On February 3, 2021, the Monroe City Manager requested 
termination of the user fee status for the Charlotte-Monroe Executive 
Airport, and the Monroe City Manager and CBP mutually agreed to 
terminate the user fee status of Charlotte-Monroe Executive Airport 
effective on June 30, 2021.

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 
a conforming change by updating the list of user fee airports by 
removing one airport in light of the CBP Commissioner's withdrawal of 
its designation as a user fee airport, 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 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

[[Page 57992]]

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.
* * * * *


Sec.  122.15   [Amended]

0
2. In Sec.  122.15, amend the table in paragraph (b) by removing the 
entry for ``Monroe, North Carolina''.

    Dated: October 15, 2021.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2021-22880 Filed 10-19-21; 8:45 am]
BILLING CODE 9111-14-P