Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules 15703

(1) Outside employment or business

activity means any form of employment

or business, whether or not for

compensation. It includes, but is not

limited to, the provision of personal

services as officer, employee, agent,

attorney, consultant, contractor, trustee,

teacher, or speaker. It also includes, but

is not limited to, engagement as

principal, proprietor, general partner,

holder of a franchise, operator, manager,

or director. It does not include equitable

ownership through the holding of

publicly traded shares of a corporation.

(2) A person having interests

substantially dependent upon, or

potentially affected to a significant

degree by, postal rates, fees, or

classifications includes a person:

(i) Primarily engaged in the business

of publishing or distributing a

publication mailed at second-class rates

of postage;

(ii) Primarily engaged in the business

of sending advertising, promotional, or

other material on behalf of other

persons, through the mails;

(iii) Engaged in a business that

depends substantially upon the mails

for the solicitation or receipt of orders

for, or the delivery of, goods or services;

or

(iv) Who is, or within the past 4 years

has been, a party to a proceeding before

the Postal Rate Commission.

(3) A person having interests

substantially dependent upon providing

goods or services to or for use in

connection with the Postal Service

includes a person:

(i) Providing goods or services under

contract with the Postal Service that can

be expected to provide revenue

exceeding $100,000 over the term of the

contract and that provides five percent

or more of the person’s gross income for

the person’s current fiscal year; or

(ii) Substantially engaged in the

business of preparing items for others

for mailing through the Postal Service.

§ 7001.103 Statutory prohibition against

interests in contracts to carry mail and

acting as agent for contractors.

Section 440 of title 18, United States

Code, makes it unlawful for any Postal

Service employee to become interested

in any contract for carrying the mail, or

to act as agent, with or without

compensation, for any contractor or

person offering to become a contractor

in any business before the Postal

Service.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 95–7469 Filed 3–24–95; 8:45 am]

BILLING CODE 7710–12–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 100

[INS No. 1677–94]

RIN 1115–AD84

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

RIN 1515–AB64

Customs/INS Field Organizations;

Revocations and Designation of

International Airport Status for

Customs Services and Ports of Entry

for Aliens Arriving by Aircraft

AGENCIES: Immigration and

Naturalization Service, Justice; Customs

Service, Treasury.

ACTION: Joint notice of proposed

rulemaking.

SUMMARY: This document proposes to

amend the Customs and Immigration

and Naturalization Service (the Service)

Regulations pertaining to their

respective field organizations. Customs

proposes to revoke the international

airport designations for the Ranier

International Seaplane Base located in

Ranier, Minnesota, and the Eagle Pass

Municipal Airport located in Eagle Pass,

Texas. The Service proposes to remove

Ranier, MN, and Eagle Pass, TX, from

the port of entry lists for aliens arriving

by vessel, land transportation, or by

aircraft. This proposal is based on

evidence that the facilities at these

locations have deteriorated and/or the

amount of business clearing through the

airports does not justify continued

maintenance of inspection equipment

and personnel. The document also

proposes to designate Maverick County

Airport located in Maverick County,

Texas, as a new international airport for

Customs purposes and as a new port of

entry for purposes of the Service. These

changes will assist both agencies in

their continuing efforts to achieve more

efficient use of their personnel,

facilities, and resources, and to provide

better service to carriers, importers, and

the general public.

DATES: Comments must be received on

or before May 26, 1995.

ADDRESSES: Please submit written

comments in triplicate to the

Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, 1301 Constitution Avenue NW.,

Washington, DC 20229. Comments

submitted may be inspected at the

Regulations Branch, Office of

Regulations and Rulings, Franklin

Court, 1099 14th Street NW., Suite 4000,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: At

Customs Service—Darlene Langum

Wilder, Office of Passenger Enforcement

and Facilitation, Office of Inspection

and Control, (202) 927–0530; at

Immigration and Naturalization

Service—Andrea Sickler, Assistant

Chief Inspector, Office of Inspections,

Immigration and Naturalization Service,

425 I Street NW., Room 7228,

Washington, DC 20536, (202) 616–7993.

SUPPLEMENTARY INFORMATION:

Background

To achieve more efficient use of their

personnel, facilities, and resources, and

to provide better services to carriers,

importers, and the public in general,

U.S. Customs and the Immigration and

Naturalization Service (the Service)

propose to amend their respective field

organization regulations.

Customs proposes to amend § 122.13

of the Customs Regulations (19 CFR

122.13), which lists international

airports, to reflect the proposed

revocations of the international airport

designations for (1) Ranier International

Seaplane Base located in Ranier,

Minnesota, in the Customs District of

Duluth, Minnesota, North Central

Region, and (2) Eagle Pass Municipal

Airport located in Eagle Pass, Texas, in

the Customs District of Laredo, Texas,

Southwest Region. Customs further

proposes to amend § 122.13 to reflect

the proposed designation of Maverick

County Airport located in Maverick

County, Texas, in the Customs District

of Laredo, Texas, Southwest Region, as

an international airport. Revocation of

the international airport designations

will not result in any significant

reduction in Customs services in the

area, as future Minnesota transactions

will be handled at either Sky Harbor

Airport or Crane Lake Seaplane Base,

both landing rights airports, and future

Texas transactions will be handled at

Maverick County Airport, also a landing

rights airport, which, it is proposed, will

be designated as an international

airport.

The Service proposes to amend 8 CFR

100.4(c) (2) and (3), which pertain to

ports of entry for aliens arriving by

vessel, land transportation, or by

aircraft, to reflect the removal of the

same two ports of entry: (1) Ranier

International Seaplane Base located in

Ranier, Minnesota, in the Service

District of St. Paul, Minnesota, and (2)

Eagle Pass Municipal Airport located in

Eagle Pass, Texas, in the Service District
15704 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules

of San Antonio, Texas. The Service

further proposes to amend its

regulations by adding Maverick County

Airport to the list of ports of entry

authorized for the processing of aliens

arriving by vessel, land transportation,

or by aircraft. Withdrawal of the port of

entry designations will not result in any

significant reduction in Immigration

services in the area, as future Minnesota

transactions will be handled at either

Sky Harbor Airport or Crane Lake

Seaplane Base, both landing rights

airports, and future Texas transactions

will be handled at Maverick County

Airport, also a landing rights airport,

which, it is proposed, will be designated

as a port of entry.

Customs Position

The criteria used by Customs in

determining whether to withdraw the

designation of an international airport

from a facility previously designated as

such are found at § 122.11(b) of the

Customs Regulations, which provides

that the designation can be withdrawn

for any of the following reasons: (1) The

amount of business clearing through the

airport does not justify maintenance of

inspection equipment and personnel; (2)

proper facilities are not provided or

maintained by the airport; (3) the rules

and regulations of the Federal

Government are not followed; or, (4)

some other location would be more

useful. In the case of Ranier

International Seaplane Base, the

conditions specified at § 122.11(b)(1)

and (2) are present. In the case of Eagle

Pass Municipal Airport, the conditions

specified at § 122.11(b)(2) and (4) are

present.

Regarding the proposed revocation of

the international airport designation for

Ranier International Seaplane Base, this

action originated as a request from the

owner of the seaplane base: The

Camping and Education Foundation/

Camp Kooch-i-ching. The President/

Director of the Foundation requested

that Ranier’s designation as an

international airport port of entry be

changed so that the facility would no

longer be used as a landing base for

seaplanes. With regard to the above

criteria, the President/Director stated

that the facility is used only as a

landbase for a boys’ camp. The district

director at Duluth has verified that

Ranier’s designation as an international

airport should be withdrawn because (1)

the services offered to aircraft operators

has declined, (2) the number of

seaplanes requesting Customs clearance

is minimal—only 67 seaplanes arrived

in 1993, and (3) the facilities have

deteriorated and can no longer safely

accommodate aircraft. The Regional

Commissioner for the North Central

Region agrees with the request and the

district’s findings.

Regarding the proposed revocation of

the international airport designation for

the Eagle Pass Municipal Airport and

designation of Maverick County Airport

as the replacement international airport,

this action originated as a request from

the Honorable Enriqueta D. Carpenter,

Maverick County Judge, who advised

that the existing airport is extremely

limited and will be closed when the

new airport facility is completed in the

next year. Customs believes that the

Maverick facility should be given the

same status as the Eagle Pass facility

once the latter is closed. The workload

will remain the same and staffing

should not be affected.

An ‘‘international airport’’ is defined

at § 122.1(e) of the Customs Regulations

(19 CFR 122.1(e)), in part, as any airport

designated by (1) the Secretary of the

Treasury or the Commissioner of

Customs as a port of entry for aircraft,

(2) the Attorney General as a port of

entry for aliens, and, (3) the Secretary of

Health and Human Services as a place

for quarantine inspection. (It is noted

that the term ‘‘port of entry’’ in this

section applies only for arrival purposes

in the contexts specified and, thus, does

not have the same meaning or legal

effect as the broader term ‘‘port of

entry’’ used for Customs organizational

purposes in part 101.) The new

international airport will be within an

already established port of entry—Eagle

Pass, see, T.D. 91–93 (56 FR 57487).

Description of International Airport

Limits

The geographical limits of the

proposed international airport called

Maverick County Airport would be as

follows:

In Maverick County, Texas,

approximately 12 miles north of the

corporate limits of the city of Eagle Pass

and east of U.S. Highway 277 is a site

commonly known as the ‘‘Radar Base’’

Airfield that encompasses a total of 640

acres; this site is designated by a sign

marked ‘‘Eagle Pass Airport,’’ which is

located at the intersection of U.S.

Highway 277 and an undesignated (no

name or number) paved road.

Immigration and Naturalization

Services’s Position

The criteria used by the Service in

determining whether to remove a

facility previously designated as a port

of entry for the processing of aliens

arriving by vessel, land transportation,

or by aircraft are found at 8 CFR 100.4(c)

(2) and (3), which provide, in part, that

the designation of ports of entry may be

withdrawn whenever, in the judgment

of the Commissioner, such action is

warranted.

In the case of Ranier International

Seaplane Base and Eagle Pass Municipal

Airport, the Commissioner has reviewed

information presented by parties

requesting termination of their port of

entry designations. Ranier International

Seaplane Base is owned by the Camping

and Education Foundation/Camp

Kooch-i-ching. The Foundation’s

President/Director stated that the base is

used only as a landbase to transport

supplies and people to a boys’ camp and

requested that the facility no longer be

used as a landing base for seaplanes due

to concern for the safety of camp visitors

and personnel.

Eagle Pass Municipal Airport services

and is owned by Maverick County,

Texas. The County Judge of Maverick

requested that Eagle Pass Municipal

Airport’s designation as a port of entry

be revoked due to facility constraints

and the fact that it will be closed upon

completion of the new Maverick County

Airport. The Commissioner believes that

the withdrawal of the port of entry

designations for both Ranier

International Seaplane Base and Eagle

Pass Municipal Airport is warranted,

and that the designation of Maverick

County Airport as a Class A port of

entry is also warranted.

Concurrence of Other Federal

Inspection Service Agencies

Other agencies having a presence at

the Ranier and Eagle Pass facilities (the

Department of Health and Human

Services and the Animal and Plant

Health Inspection Service of the

Department of Agriculture) have been

contacted regarding these matters and

support the proposed actions.

Accordingly, Customs believes that

there is sufficient justification for

revoking the international airport

designations from Ranier International

Seaplane Base and Eagle Pass Municipal

Airport, and for designating Maverick

County Airport as an international

airport; the Service believes it also has

sufficient justification for amending its

regulations at 8 CFR part 100 to reflect

current airport listings serving as

designated ports of entry.

Proposed Amendments

If the proposed revocations of

international airport designations and

designation of international airport are

adopted, the Customs list of

international airports at § 122.13 will be

amended by removing Ranier

International Seaplane Base and Eagle

Pass Municipal Airport and adding

Maverick County Airport, and the
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Proposed Rules 15705

Service regulations at 8 CFR 100.4(c) (2)

and (3) will be amended by removing

Ranier, MN, and Eagle Pass, TX, and

adding Maverick County Airport.

Comments

Before adopting this proposal as a

final rule, consideration will be given to

any written comments timely submitted

to Customs. (Customs will serve as the

clearing house for comments received

and coordinate a response with the

Service.) Comments submitted will be

available for public inspection in

accordance with the Freedom of

Information Act (5 U.S.C. 552), § 1.4 of

the Treasury Department Regulations

(31 CFR 1.4), and § 103.11(b) of the

Customs Regulations (19 CFR

103.11(b)), on regular business days

between the hours of 9 a.m. and 4:30

p.m. at the Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, Franklin Court, 4th floor, 1099

14th St., NW, Washington, DC.

Authority

This change is proposed under the

authority of 5 U.S.C. 301, 8 U.S.C. 1103,

and 19 U.S.C. 2, 66, and 1624.

Inapplicability of the Regulatory

Flexibility Act and Executive Orders

12866, 12612, and 12606

Customs and the Service routinely

establish, expand, and consolidate ports

of entry throughout the United States to

accommodate the volume of Customsand Service-related activity in various

parts of the country. Although this

document is being issued with notice

for public comment, it is not subject to

the notice and public procedure

requirements of 5 U.S.C. 553 because it

relates to agency management and

organization. Accordingly, this

document is not subject to the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.).

This document does not meet the

criteria for a ‘‘significant regulatory

action’’ as specified in E.O. 12866.

In accordance with the provisions of

E.O. 12612, it is certified that the

regulations proposed herein have been

assessed in light of the principles,

criteria, and requirements specified in

that E.O. and that they 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, the

preparation of a Federalism Assessment

is not warranted.

In accordance with the provisions of

E.O. 12606, the Commissioners of the

Customs and the Immigration and

Naturalization Services certify that they

have assessed these proposed

amendments in light of the criteria set

forth in that E.O., and determined that

the regulations proposed herein will not

have a significant impact on family

formation, maintenance, and general

well-being.

Drafting Information

The principal author of this document

was Gregory R. Vilders, Attorney, Office

of Regulations and Rulings, U.S.

Customs Service; however, personnel

from other offices and agencies

participated in its development.

List of Subjects

8 CFR Part 100

Administrative practice and

procedure, Organizations and functions

(Government agencies).

19 CFR Part 122

Administrative practice and

procedure, Air carriers, Aircraft,

Airports, Air transportation, Baggage,

Customs duties and inspection, Drug

traffic control, Imports, Reporting and

recordkeeping requirements.

Amendments to the Regulations

For the reasons stated above, it is

proposed to amend Part 100 of Chapter

I of title 8 of the Code of Federal

Regulations and Part 122 of Chapter I of

title 19 of the Code of Federal

Regulations as set forth below:

TITLE 8—ALIENS AND NATIONALITY

PART 100—STATEMENT OF

ORGANIZATION

1. The general authority citation for

part 100 continues to read as follows:

Authority: 8 U.S.C. 1103; 8 CFR part 2.

2. In § 100.4, it is proposed to amend

paragraph (c)(2) by:

a. Removing ‘‘Ranier, MN’’ from the

Class A listing under District No. 10—

St. Paul, Minnesota;

b. Removing ‘‘Eagle Pass, TX’’ from

the Class A listing under District No.

14—San Antonio, Texas; and

c. Adding, in proper alphabetical

sequence, ‘‘Maverick, TX’’ to the Class

A listing under District No. 14—San

Antonio, Texas.

3. In § 100.4, it is proposed to amend

paragraph (c)(3) by:

a. Removing ‘‘Ranier, MN,

International Seaplane Base’’ from the

listing under District No. 10—St. Paul,

Minnesota;

b. Removing ‘‘Eagle Pass, TX, Eagle

Pass Airport’’ from the listing under

District No.14—San Antonio, Texas; and

c. Adding, in proper alphabetical

sequence, ‘‘Maverick, TX, Maverick

County Airport’’ to the Class A listing

under District No.14—San Antonio,

Texas.

TITLE 19—CUSTOMS DUTIES

PART 122—AIR COMMERCE

REGULATIONS

1. The authority citation for Part 122

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. In § 122.13, it is proposed to amend

the list of international airports by

removing ‘‘Eagle Pass, Tex.—Eagle Pass

Municipal Airport’’ and ‘‘Ranier,

Minn.—Ranier International Seaplane

Base’’ and adding, in appropriate

alphabetical order, ‘‘Maverick, Tex.—

Maverick County Airport’’.

George J. Weise,

Commissioner of Customs.

Approved: February 23, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

Dated: January 30, 1995.

Doris Meissner,

Commissioner of Immigration and

Naturalization Service.

[FR Doc. 95–7502 Filed 3–24–95; 8:45am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

12 CFR Parts 4, 10, 11, and 18

Office of the Secretary

31 CFR Part 1

[Docket No. 95–06]

RIN 1557–AA67

Description of Office, Availability and

Release of Information, Contracting

Outreach Program; Municipal

Securities Dealers; Securities

Exchange Act Disclosure Rules;

Disclosure of Financial and Other

Information by National Banks;

Disclosure of Records

AGENCY: Office of the Comptroller of the

Currency and Office of the Secretary,

Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Office of the Comptroller

of the Currency (OCC) proposes to

revise its rules that describe the agency