[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73310-73311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29752]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 12-20]


Technical Amendment to List of User Fee Airports: Addition of 
Bozeman Yellowstone International Airport, Belgrade, MT

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 U.S. Customs and Border Protection 
(CBP) regulations by revising the list of user fee airports to reflect 
the recent user fee airport designation for Bozeman Yellowstone 
International Airport in Belgrade, Montana. 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: December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Roger Kaplan, Office of Field 
Operations, Roger.Kaplan@dhs.gov or 202-325-4543.

SUPPLEMENTARY INFORMATION:

I. Background

    Title 19, Part 122, Code of Federal Regulations (CFR), 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 Public Law 98-573 (the Trade and Tariff Act of 
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 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 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. A MOA approving the designation of user fee status for 
Bozeman Yellowstone International Airport was signed on March 16, 2012. 
This document updates the list of user fee airports by adding Bozeman 
Yellowstone International Airport, in Belgrade, Montana to the list.

[[Page 73311]]

II. Statutory and Regulatory Requirements

A. Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. The final rule lists an airport already designated 
by the Commissioner of CBP in accordance with 19 U.S.C. 58b as a user 
fee airport. This amendment is a conforming change to update the list 
of user fee airports. Notice and comment for this rule is unnecessary 
and contrary to the public interest, because the rule merely conforms 
the regulatory text to reflect the Commissioners' designation of this 
airport as a user fee airport; it is technical in nature; and it 
relates only to management, organization, procedure, and practice. 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, as supplemented by Executive Order 13563.

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 13123, 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.

 Amendments to Regulations

    For the reasons set forth above, 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]

0
2. The listing of user fee airports in Sec.  122.15(b) is amended by 
adding, in alphabetical order, in the ``Location'' column ``Belgrade, 
Montana'' and on the same line, in the ``Name'' column ``Bozeman 
Yellowstone International Airport.''

    Dated: December 5, 2012.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-29752 Filed 12-7-12; 8:45 am]
BILLING CODE 9111-14-P