[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Rules and Regulations]
[Pages 53881-53882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25321]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
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to and codified in the Code of Federal Regulations, which is published 
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Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / 
Rules and Regulations

[[Page 53881]]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 122

[CBP Dec. 09-42]


Technical Amendment to List of User Fee Airports: Termination of 
User Fee Status of Santa Maria Public Airport, Santa Maria, CA

AGENCY: Customs and Border Protection, DHS.

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 
withdrawal of the user fee airport designation for Santa Maria Public 
Airport, Santa Maria, California. 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: October 21, 2009.

FOR FURTHER INFORMATION CONTACT: Simon Stella, Office of Field 
Operations, 202-344-2771.

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, 6 U.S.C. 203(1), 211) 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 (6 U.S.C. 542 and note), the President 
renamed the ``Customs Service'' as the ``Bureau of Customs and 
Border Protection.'' Effective March 31, 2007, DHS changed the name 
of ``Bureau of Customs and Border Protection'' to ``U.S. Customs and 
Border Protection,'' also referred to as ``CBP'' (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 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.
    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.
    Pursuant to 19 U.S.C. 58b, the fees which are to be charged at user 
fee airports 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 in 
accordance with 19 U.S.C. 58b and pursuant to 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 122.15 of CBP Regulations (19 CFR 122.15) 
also 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 
removing Santa Maria Public Airport, Santa Maria, California from the 
list. On July 8, 2009, the Acting Commissioner approved the withdrawal 
of user fee status for Santa Maria Public Airport. The airport had 
requested that the User Fee Airport status be terminated.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely updates and corrects the list of user 
fee airports 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.

[[Page 53882]]

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.

Amendments 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.


Sec.  122.15  [Amended]

0
2. The listing of user fee airports in Sec.  122.15(b) is amended by 
removing from the ``Location'' column, ``Santa Maria, California,'' and 
by removing on the same line, from the ``Name'' column, ``Santa Maria 
Public Airport.''

    Dated: October 15, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-25321 Filed 10-20-09; 8:45 am]
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