[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30415-30416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10668]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 22-09]


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

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 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 Hillsboro Airport in Hillsboro, Oregon.

DATES: Effective May 19, 2022.

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 Secretary of Treasury 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 and 
connected delegated authorities, 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; see 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 
(UFF) to the Commissioner of CBP through Department of Homeland 
Security Delegation, Sec. II.A., No. 7010.3 (May 11, 2006). The 
Chief Operating Officer and Senior Official Performing the Duties of 
the Commissioner subsequently delegated the authority to the 
Executive Assistant Commissioner (EAC) of the Office of Field 
Operations, on March 23, 2020, to designate new UFFs. On December 
23, 2020, the broader authority to withdraw a facility's designation 
as a UFF, as well as execute, amend, or terminate Memorandum of 
Agreements, was also delegated to the EAC of the Office of Field 
Operations.
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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 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 Hillsboro Airport in Hillsboro, Oregon. On 
November 30, 2020, the General Aviation Operations Supervisor of the 
Hillsboro Airport requested termination of the user fee status for the 
Hillsboro Airport, and the General Aviation Operations Supervisor and 
CBP mutually agreed to terminate the user fee status of Hillsboro 
Airport effective on July 20, 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 CBP's withdrawal of its designation as 
a user fee airport under 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.

[[Page 30416]]

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). CBP Commissioner Chris Magnus, 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, 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 ``Hillsboro, Oregon''.

    Dated: May 13, 2022.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2022-10668 Filed 5-18-22; 8:45 am]
BILLING CODE 9111-14-P