[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