[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23214-23215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11190]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 101 and 122
[T.D. 98-35]
Customs Service Field Organization; Establishment of Sanford Port
of Entry
AGENCY: Customs Service; Treasury.
ACTION: Final rule.
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SUMMARY: This document confirms that May 1, 1998, is the effective date
for the establishment of a Customs port of entry at Orlando-Sanford
Airport in Sanford, Florida. Orlando-Sanford Airport's designation as a
user fee airport will terminate on the same date.
EFFECTIVE DATE: May 1, 1998 is the effective date for amendment of
Secs. 101.3(b)(1) and 122.15(b), Customs Regulations, published in the
Federal Register (62 FR 37131) on July 11, 1997.
FOR FURTHER INFORMATION CONTACT: Harry Denning, Office of Field
Operations (202) 927-0196.
SUPPLEMENTARY INFORMATION:
Background
On July 11, 1997, Customs published a document in the Federal
Register (62 FR 37131) T.D. 97-64 which amended Sec. 101.3(b), Customs
Regulations (19 CFR 101.3(b)), to establish a new port of entry at
Orlando-Sanford Airport in Sanford, Florida, and amended
Sec. 122.15(b), Customs Regulations (19 CFR 122.15(b)) to remove the
Sanford Regional Airport from the list of user fee airports. Customs
set forth in that document the justification for redesignating the
airport facility from its user fee status to that of a port of entry
and designated November 10, 1997, as the effective date.
For reasons set forth in a document (T.D. 97-88) published in the
Federal Register (62 FR 60164) on November 7, 1997, Customs delayed the
effective date for establishment of the new port of entry and the
termination of the airport's user fee status until May 1, 1998, and
solicited comments regarding the delayed effective date. In that
document, Customs stated that if comments submitted demonstrated
sufficient grounds for not delaying the effective date until May 1,
1998, Customs would issue another document. The comment period expired
on December 8, 1997.
Discussion of Comments
Six comments were received in response to the document delaying the
effective date until May 1, 1998, four opposing the delay and two in
favor of extending the delay until July 1, 1998.
The four comments opposing the delay emanate from the State of
Maine and were submitted by members of the Maine congressional
delegation and by attorneys on behalf of Bangor International Airport.
These comments essentially contend that Bangor International Airport is
being harmed by the delay because flights would clear at Bangor but for
the market distortion caused by Sanford being permitted to operate
longer as a user fee airport not subject to the passenger fee that is
assessed at ports of entry.
The two comments urging further delay beyond May 1, 1998, in the
establishment of a port of entry at Orlando-Sanford Airport come from
that airport and from attorneys on its behalf. The comments argue that
the delay does not impose an unwarranted competitive burden on port of
entry airports such as Bangor International Airport.
[[Page 23215]]
They further contend that until the construction of the cargo
building and security system at Orlando-Sanford Airport, which has been
delayed, the airport does not fully meet the criteria for a Customs
port of entry.
Determination
Customs decision to suspend the November 10, 1997, effective date
for conversion of Orlando-Sanford Airport to a port of entry was based
in large part on claims that imposition of port of entry status on the
date set by Customs would subject the Airport Operator to a significant
additional cost that it could not, under agreements effective through
May 1, 1998 with carriers landing at Orlando-Sanford Airport, pass on
to carriers.
After reviewing all the comments, which basically represent two
distinct competitive interests, Customs believes that delaying the
designation of Orlando-Sanford Airport as a port of entry was
appropriate under the circumstances. However, Customs believes Orlando-
Sanford Airport was provided with sufficient opportunity to resolve the
concerns it proffered to obtain that delayed effective date.
Accordingly, Customs believes that the designation should not be
further delayed.
Further, Customs believes the comments received did not demonstrate
sufficient grounds for making the Orlando-Sanford Airport a port of
entry before the May 1, 1998 announced effective date.
Accordingly, Customs is confirming that the effective date for the
establishment of the Orlando-Sanford port of entry and the date for the
termination of the airport's user fee status is May 1, 1998.
Amendment to the Regulations
For the reasons stated above, the effective date of the final rule
document FR Doc. 97-18206, published in the Federal Register on July
11, 1997, and delayed until May 1, 1998, pursuant to interim rule
document FR Doc. 97-29599, published in the Federal Register on
November 7, 1997, is now finalized as May 1, 1998.
Regulatory Flexibility Act and Executive Order 12866
Because this document merely confirms a decision previously made,
this document is not subject to the notice and public procedure
requirements of 5 U.S.C. 553, and is not subject to the provisions of
the Regulatory Flexibility Act (5 U.S.C. 603 et seq.). This amendment
does not meet the criteria for a ``significant regulatory action'' as
specified in Executive Order 12866.
Samuel H. Banks,
Acting Commissioner of Customs.
Approved: April 17, 1998.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 98-11190 Filed 4-27-98; 8:45 am]
BILLING CODE 4820-02-P
