[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31823-31824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13615]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 11-13]
Technical Amendment to List of User Fee Airports: Addition of
Dallas Love Field Municipal Airport, Dallas, TX
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule; technical amendment.
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SUMMARY: This document amends the regulations pertaining to the
organization of U.S. Customs and Border Protection (CBP) by revising
the list of user fee airports to reflect the recent user fee airport
designation for Dallas Love Field Municipal Airport, in Dallas, Texas.
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 services
of CBP officers for the processing of aircraft entering the United
States, and the passengers and cargo of those aircraft.
DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT: Roger Kaplan, Acting Director, Audits
and Self-Inspection, Office of Field Operations, at 202-325-4543 or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Title 19, Code of Federal Regulations (CFR), sets forth at Part 122
the 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 Public Law 98-573 (the Trade and Tariff Act of
1984), codified
[[Page 31824]]
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
Secretary of Homeland Security as a user fee airport.
Pursuant to 19 U.S.C. 58b, an airport may be designated as a user
fee airport if the Commissioner of CBP as delegated by the Secretary of
Homeland Security determines that the volume of business at the airport
is insufficient to justify customs services at the airport and the
governor of the state in which the airport is located approves the
designation. Generally, the type of airport that would seek designation
as a user fee airport would be one at which a company, such as an air
courier service, has a specialized interest in regularly landing.
As the volume of business anticipated at this type of airport is
insufficient to justify its designation as an international or landing
rights airport, the availability of customs services is not paid for
out of appropriations from the general treasury of the United States.
Instead, customs services are provided on a fully reimbursable basis to
be paid for by the user fee airport on behalf of the recipients of the
services.
The fees which are to be charged at user fee airports, according to
the statute, shall be paid by each person using the customs services at
the airport and shall be in the amount equal to the expenses incurred
by the Commissioner of CBP in providing customs services which are
rendered to such person at such airport, including the salary and
expenses of those employed by the Commissioner of CBP to provide the
customs services. To implement this provision, generally, the airport
seeking the designation as a user fee airport or that airport's
authority agrees to pay a flat fee for which the users of the airport
are to reimburse the airport/airport authority. The airport/airport
authority agrees to set and periodically review the charges to ensure
that they are in accord with the airport's expenses.
The Commissioner of CBP designates airports as user fee airports
pursuant to 19 U.S.C. 58b. 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 local responsible official signing on behalf of the state,
city or municipality in which the airport is located. In this manner,
user fee airports are designated on a case-by-case basis. The
regulation pertaining to user fee airports is 19 CFR 122.15. It
addresses the procedures for obtaining permission to land at a user fee
airport, the grounds for withdrawal of a user fee designation and
includes the list of user fee airports designated by the Commissioner
of CBP in accordance with 19 U.S.C. 58b. Periodically, CBP updates the
list of user fee airports at 19 CFR 122.15(b) to reflect those that
have been recently designated by the Commissioner. On January 28, 2011,
the Commissioner signed an MOA approving the designation of user fee
status for Dallas Love Field Municipal Airport. This document updates
the list of user fee airports by adding Dallas Love Field Municipal
Airport, in Dallas, Texas, to the list.
II. Statutory and Regulatory Requirements
A. Inapplicability of Public Notice and Delayed Effective Date
Requirements
Because this amendment merely updates the list of user fee airports
to include an airport already designated by the Commissioner of CBP in
accordance with 19 U.S.C. 58b and neither imposes additional burdens
on, nor take away any existing rights or privileges from, the public,
pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are
unnecessary, and for the same reasons, pursuant to 5 U.S.C. 553(d)(3),
a delayed effective date is not required.
B. The 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.
C. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
D. Executive Order 13132
The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13132, this rule does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement.
E. Signing Authority
This document is limited to technical corrections of CBP
regulations. Accordingly, it is being signed under the authority of 19
CFR 0.1(b).
List of Subjects in 19 CFR Part 122
Air carriers, Aircraft, Airports, Customs duties and inspection,
Freight.
Part 122, Code of Federal Regulations (19 CFR part 122) is amended
as set forth below:
PART 122--AIR COMMERCE REGULATIONS
0
1. The 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]
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2. The listing of user fee airports in section 122.15(b) is amended by
adding, in alphabetical order, in the ``Location'' column ``Dallas,
Texas'' and in the ``Name'' column, ``Dallas Love Field Municipal
Airport''.
Dated: May 24, 2011.
Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2011-13615 Filed 6-1-11; 8:45 am]
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