[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32196]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 122
[T.D. 95-2]
User Fee Airports
AGENCY: U.S. Customs Service, Department of Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to reflect the
establishment of eight additional user fee airports. User fee airports
are those which, while not qualifying for designation as an
international or landing rights airport, have been approved by the
Commissioner of Customs to receive the services of Customs officers for
the processing of aircraft entering the U. S. and their passengers and
cargo.
EFFECTIVE DATE: December 30, 1994.
FOR FURTHER INFORMATION CONTACT: Peg Fearon, Office of Inspection and
Control, 202-927-1413.
SUPPLEMENTARY INFORMATION:
Background
Part 122, Customs Regulations (19 CFR Part 122), sets forth
regulations that are applicable to all international air commerce
relating to the entry and clearance of aircraft and the transportation
of persons and cargo by aircraft.
Under Sec. 1109(b), Federal Aviation Act of 1958, as amended (49
U.S.C. 1509(b)), the Secretary of the Treasury is authorized to
designate places in the United States as ports of entry for civil
aircraft arriving from any place outside of the United States, and for
merchandise carried on the aircraft. These airports are referred to as
international airports, and the location and name of each are listed in
Sec. 122.13, Customs Regulations (19 CFR 122.13). In accordance with
Sec. 122.33, Customs Regulations (19 CFR 122.33), the first landing of
every civil aircraft entering the United States from a foreign area
must be at one of these international airports, unless the aircraft has
been specifically exempted from this requirement or permission to land
elsewhere has been granted. Customs officers are assigned to all
international airports to accept entries of merchandise, collect duties
and enforce the customs laws and regulations.
Other than if making an emergency or forced landing, if a civil
aircraft desires to land at an airport not designated by Customs as an
international airport, the pilot may request permission to land at a
specific airport and, if granted, Customs assigns personnel to that
airport for the aircraft. The airport where the aircraft is permitted
to land is called a landing rights airport (19 CFR 122.24).
Section 236 of Pub. L. 98-573 (the Trade and Tariff Act of 1984),
codified at 19 United States Code 58b (19 U.S.C. 58b), creates an
option for civil aircraft desiring to land at an airport other than an
international or landing rights airport. A civil aircraft arriving from
a place outside the United States may ask Customs for permission to
land at an airport designated by the Secretary of the Treasury as a
user fee airport.
Pursuant to 19 U.S.C. 58b, an airport may be designated as a user
fee airport if the Secretary of the Treasury determines that the volume
of Customs business at the airport is insufficient to justify the
availability of 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.
Inasmuch as the volume of business anticipated at these airports is
insufficient to justify their designation as an international or
landing rights airport, the availability of Customs services is not
paid for out of the Customs appropriations from the general treasury of
the United States. Instead, the services of Customs officers are
provided on a fully reimbursable basis to be paid for by the user fee
airports 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 Secretary of the Treasury in providing Customs services which
are rendered to such person at such airport, including the salary and
expenses of those employed by the Secretary of the Treasury 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 Customs a flat fee annually and the users of
the airport are to reimburse that airport/airport authority. The
airport/airport authority agrees to set and periodically to review its
charges to ensure that they are in accord with the airport's expenses.
Pursuant to Treasury Department Order No. 165, Revised (Treasury
Decision 53564), all the rights, privileges, powers and duties vested
in the Secretary of the Treasury by the Tariff Act of 1930, as amended,
by the navigation laws, or by any other laws administered by Customs,
are transferred to the Commissioner of Customs. Accordingly, the
authority granted to the Secretary of the Treasury to designate user
fee airports and to determine appropriate fees is delegated to the
Commissioner of Customs.
Under this authority, Customs has determined that certain
conditions must be met before an airport can be designated as a user
fee airport. At least one full-time Customs officer must be requested,
and the airport must be responsible for providing Customs with
satisfactory office space, equipment and supplies, at no cost to the
Federal Government.
Nineteen airports are currently listed in Sec. 122.15, Customs
Regulations, as user fee airports designated by the Commissioner. This
document adds eight more airports to the listing of designated user fee
airports. These airports and phone numbers at which they can be
contacted regarding service are as follows:
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Airport Contact
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Daytona Beach Regional Airport, Daytona Beach, Florida... Volusia County Council, (904) 255-8441.
Willow Run Airport, Ypsilanti, Michigan.................. Airport Authority, (312) 482-9660.
Sarasota-Bradenton Airport, Sarasota, Florida............ Airport Authority, (813) 359-5200.
Melbourne Regional Airport, Melbourne, Florida........... Director of Aviation, (407) 723-6227.
Tri-City Regional Airport, Blountville, Tennessee........ Airport Commission, (615) 323-6287.
Addison Airport of Texas, Inc., Dallas, Texas............ President, (214) 248-7733.
Pal-Waukee Municipal Airport, Wheeling, Illinois......... Priester Aviation, (708) 537-1200.
Medford-Jackson County Airport, Medford, Oregon.......... Airport Director, (503) 776-7222.
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Regulatory Flexibility Act and Executive Order 12866
Because no notice of proposed rulemaking is required for this final
rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.), do not apply. Agency organization matters such as this amendment
are exempt from consideration under Executive Order 12866.
Inapplicability of Public Notice and Delayed Effective Date
Requirements
Because this amendment merely lists those user fee airports
designated by the Commissioner of Customs in accordance with 19 U.S.C.
58b and neither imposes any additional burdens on, nor takes 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)(2), a delayed effective date
is not required.
Drafting information: The principal author of this document was
Janet L. Johnson, Regulations Branch, Office of Regulations and
Rulings, U. S. Customs Service. However, personnel from other
offices participated in its development.
List of Subjects in 19 CFR Part 122
Air carriers, Aircraft, Airports, Customs Duties and inspection,
Freight.
Amendments to the Regulations
Part 122, Customs Regulations (19 CFR Part 122), is amended as set
forth below:
PART 122--AIR COMMERCE REGULATIONS
1. The authority citation for Part 122, Customs Regulations,
continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1459,
1590, 1594, 1623, 1624, 1644; 49 U.S.C. App. 1509.
2. Section 122.15(b) is amended by revising the list of airports to
read as follows:
Sec. 122.15 User fee airports.
* * * * *
(b) List of user fee airports. * * *
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Location Name
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Blountville, Tennessee........... Tri-City Regional Airport.
Casper, Wyoming.................. Natrona County International Airport.
Columbus, Ohio................... Rickenbacker Airport.
Dallas, Texas.................... Addison Airport of Texas, Inc.
Daytona Beach, Florida........... Daytona Beach Regional Airport.
Fargo, North Dakota.............. Hector International Airport.
Fort Myers, Florida.............. Southwest Florida Regional Airport.
Fort Wayne, Indiana.............. Fort Wayne-Allen County Airport.
Fort Worth, Texas................ Alliance Airport.
Klamath Falls, Oregon............ Kingsley Field.
Lebanon, New Hampshire........... Lebanon Municipal Airport.
Lexington, Kentucky.............. Bluegrass Airport.
Medford, Oregon.................. Medford-Jackson County Airport.
Melbourne, Florida............... Melbourne Regional Airport.
Midland, Texas................... Midland International Airport.
Morristown, New Jersey........... Morristown Municipal Airport.
Moses Lake, Washington........... Grant County Airport.
Oakland, Michigan................ Oakland-Pontiac Airport.
Rockford, Illinois............... Greater Rockford Airport.
Sanford, Florida................. Sanford Regional Airport.
Sarasota, Florida................ Sarasota-Bradenton Airport.
St. Paul, Alaska................. St. Paul Airport.
Waukegan, Illinois............... Waukegan Regional Airport.
Wheeling, Illinois............... Pal-Waukee Municipal Airport.
Wilmington, Ohio................. Airbourne Air Park.
Yakima, Washington............... Yakima Air Terminal.
Ypsilanti, Michigan.............. Willow Run Airport.
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* * * * *
Approved: December 13, 1994.
William F. Riley,
Acting Commissioner of Customs.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-32196 Filed 12-29-94; 8:45 am]
BILLING CODE 4820-02-P
