30414 Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0138; Airspace 

Docket No. 22–ASW–3] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Palestine, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Class 

E airspace at Palestine, TX. This action 

as the result of an airspace review 

caused by the decommissioning of the 

Palestine non-directional beacon (NDB). 

The geographic coordinates of the 

airport are also being updated to 

coincide with the FAA’s aeronautical 

database. 

DATES: Effective 0901 UTC, July 14, 

2022. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR 51, subject 

to the annual revision of FAA Order JO 

7400.11 and publication of conforming 

amendments. 

ADDRESSES: FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5857. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends the 

Class E airspace extending upward from 

700 feet above the surface at Palestine 

Municipal Airport, Palestine, TX, to 

support instrument flight rule 

operations at this airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (87 FR 12900; March 8, 2022) 

for Docket No. FAA–2022–0138 to 

amend the Class E airspace at Palestine, 

TX. Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in FAA 

Order JO 7400.11. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic service routes, 

and reporting points. 

The Rule 

This amendment to 14 CFR part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

to within 6.6-mile (reduced from 7.1- 

mile) radius at Palestine Municipal 

Airport, Palestine, TX, and by removing 

the Frankston VOR/DME and associated 

extension from the airspace legal 

description; and updating the 

geographic coordinates of the airport to 

coincide with the FAA’s aeronautical 

database. 

This action is necessary due to an 

airspace review caused by the 

decommissioning of the Palestine NDB 

which provided navigation information 

for the instrument procedures this 

airport. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 Part CFR 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 


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Federal Register / Vol. 87, No. 97 / Thursday, May 19, 2022 / Rules and Regulations 30415 

1For purposes of this technical rule, an ‘‘aircraft’’ 

is defined as any device used or designed for 

navigation or flight in air and does not include 

hovercraft. 19 CFR 122.1(a). 

2A landing rights airport is ‘‘any airport, other 

than an international airport or user fee airport, at 

which flights from a foreign area are given 

permission by Customs to land.’’ 19 CFR 122.1(f). 

3Sections 403(1) and 411 of the Homeland 

Security Act of 2002 (Pub. L. 107–296, 116 Stat. 

2135, 2178–79 (2002)), codified 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 newly established U.S. Department 

of Homeland Security. The Secretary of Homeland 

Security delegated the authority to designate user 

fee facilities (UFF) to the Commissioner of CBP 

through Department of Homeland Security 

Delegation, Sec. II.A., No. 7010.3 (May 11, 2006). 

The Chief Operating Officer and Senior Official 

Performing the Duties of the Commissioner 

subsequently delegated the authority to the 

Executive Assistant Commissioner (EAC) of the 

Office of Field Operations, on March 23, 2020, to 

designate new UFFs. On December 23, 2020, the 

broader authority to withdraw a facility’s 

designation as a UFF, as well as execute, amend, 

or terminate Memorandum of Agreements, was also 

delegated to the EAC of the Office of Field 

Operations. 

ASW TX E5 Palestine, TX [Amended] 

Palestine Municipal Airport, IA 

(Lat. 31°46′47′′ N, long. 95°42′23′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Palestine Municipal Airport. 

Issued in Fort Worth, Texas, on May 12, 

2022. 

Martin A. Skinner, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2022–10675 Filed 5–18–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Part 122 

[CBP Dec. 22–09] 

Technical Amendment to List of User 

Fee Airports: Removal of One Airport 

AGENCY: U.S. Customs and Border 

Protection; DHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This document amends U.S. 

Customs and Border Protection (CBP) 

regulations by removing one airport 

from the list of user fee airports. User 

fee airports are airports that have been 

approved by the Commissioner of CBP 

to receive, for a fee, the customs services 

of CBP officers for processing aircraft, 

passengers, and cargo entering the 

United States, but do not qualify for 

designation as international or landing 

rights airports. Specifically, this 

technical amendment reflects the 

removal of the designation of user fee 

airport status for the Hillsboro Airport 

in Hillsboro, Oregon. 

DATES: Effective May 19, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Flanagan, Director, Alternative 

Funding Program, Office of Field 

Operations, U.S. Customs and Border 

Protection at Ryan.H.Flanagan@

cbp.dhs.gov or 202–550–9566. 

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 engaged 

in international commerce and the 

transportation of persons and cargo by 

aircraft in international commerce.1

Generally, a civil aircraft arriving from 

outside the United States must land at 

an airport designated as an international 

airport. Alternatively, 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.2

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 alternative option for 

civil aircraft seeking to land at an 

airport that is neither an international 

airport nor a landing rights airport. This 

alternative option allows the Secretary 

of Treasury to designate an airport, 

upon request by the airport authority or 

other sponsoring entity, as a user fee 

airport.3 Pursuant to 19 U.S.C. 58b and 

connected delegated authorities, a 

requesting airport may be designated as 

a user fee airport only if 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 by appropriations from 

the general treasury of the United States. 

Instead, the user fee airport pays for the 

customs services provided by CBP. The 

user fee airport must pay the fees 

charged, which must be in an amount 

equal to the expenses incurred by CBP 

in providing customs and related 

services at the user fee airport, 

including the salary and expenses of 

CBP employees to provide such 

services. See 19 U.S.C. 58b; see also 19 

CFR 24.17(a)–(b). 

CBP designates airports as user fee 

airports in accordance with 19 U.S.C. 

58b and 19 CFR 122.15 and on a caseby-case basis. If CBP decides that the 

conditions for designation as a user fee 

airport are satisfied, a Memorandum of 

Agreement (MOA) is executed between 

CBP and the sponsor of the user fee 

airport. Pursuant to 19 CFR 122.15(c), 

the designation of an airport as a user 

fee airport must be withdrawn if either 

CBP or the airport authority gives 120 

days written notice of termination to the 

other party, or if any amounts due to 

CBP are not paid on a timely basis. 

The list of designated user fee airports 

is set forth in 19 CFR 122.15(b). 

Periodically, CBP updates the list to 

include newly designated airports that 

were not previously on the list, to reflect 

any changes in the names of the 

designated user fee airports, and to 

remove airports that are no longer 

designated as user fee airports. 

Recent Change Requiring Update to the 

List of User Fee Airports 

This document updates the list of user 

fee airports in 19 CFR 122.15(b) by 

removing the Hillsboro Airport in 

Hillsboro, Oregon. On November 30, 

2020, the General Aviation Operations 

Supervisor of the Hillsboro Airport 

requested termination of the user fee 

status for the Hillsboro Airport, and the 

General Aviation Operations Supervisor 

and CBP mutually agreed to terminate 

the user fee status of Hillsboro Airport 

effective on July 20, 2021. 

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 a conforming change by updating 

the list of user fee airports by removing 

one airport in light of CBP’s withdrawal 

of its designation as a user fee airport 

under 19 U.S.C. 58b. 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. 


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