[Federal Register Volume 73, Number 176 (Wednesday, September 10, 2008)]
[Rules and Regulations]
[Pages 52577-52578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20990]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 122

[CBP Dec. 08-39]


Technical Amendment to List of User Fee Airports: Addition of 
Valley International Airport, Harlingen, TX

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends the Customs and Border Protection (CBP) 
Regulations by revising the list of user fee airports to reflect the 
recent user fee airport designation for Valley International Airport in 
Harlingen, Texas. 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: September 10, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Welch, Office of Field 
Operations, 202-344-2642.

SUPPLEMENTARY INFORMATION:

Background

    Title 19, Code of Federal Regulations (CFR), sets forth at Part 122 
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 \1\ as a user fee 
airport.
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    \1\ Sections 403(1) and 411 of the Homeland Security Act of 2002 
(``the Act,'' Pub. L. 107-296) transferred the United States Customs 
Service and its functions from the Department of the Treasury to the 
Department of Homeland Security; pursuant to section 1502 of the 
Act, the President renamed the ``Customs Service'' as the ``Bureau 
of Customs and Border Protection.'' Effective on March 31, 2007, DHS 
changed the name of ``Bureau of Customs and Border Protection'' to 
``U.S. Customs and Border Protection (CBP)'' (See 72 FR 20131, April 
23, 2007).
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    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

[[Page 52578]]

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, 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 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. See 19 CFR 122.15. 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. Section 19 CFR 122.15 sets forth the grounds for withdrawal 
of a user fee designation and sets forth the list of designated user 
fee airports. Periodically, CBP updates the list of user fee airports 
at 19 CFR 122.15(b) to reflect those that have been currently 
designated by the Commissioner. This document updates that list of user 
fee airports by adding Valley International Airport, in Harlingen, 
Texas to the list. On May 28, 2008, the Commissioner signed an MOA 
approving the designation of user fee status for Valley International 
Airport.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely updates the list of user fee airports 
to include an airport already designated by the Commissioner of CBP in 
accordance with 19 U.S.C. 58b and neither imposes 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)(3), 
a delayed effective date is not required.

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.

Signing Authority

    This document is limited to a technical correction 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.

Amendment to Regulations

0
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.


0
2. The listing of user fee airports in section 122.15(b) is amended as 
follows: by adding, in alphabetical order, in the ``Location'' column 
``Harlingen, Texas'' and by adding on the same line, in the ``Name'' 
column, ``Valley International Airport.''

    Dated: September 4, 2008.
Jason P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E8-20990 Filed 9-9-08; 8:45 am]
BILLING CODE 9111-14-P