This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

53881 

Vol. 74, No. 202 

Wednesday, October 21, 2009 

1Sections 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). 

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. 

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. 

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. 


sroberts on DSKD5P82C1PROD with RULES
53882 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Rules and Regulations 

1Sections 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). 

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 

■ Part 122, Code of Federal Regulations 

(19 CFR part 122) is amended as set 

forth below: 

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, 

1431, 1433, 1436, 1448, 1459, 1590, 1594, 

1623, 1624, 1644, 1644a, 2071 note. 

§ 122.15 [Amended] 

■ 2. The listing of user fee airports in 

§ 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] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

19 CFR Part 122 

[CBP Dec. 09–41] 

Technical Amendments to List of User 

Fee Airports: Removal of User Fee 

Status for Roswell Industrial Air 

Center, Roswell, NM and March Inland 

Port Airport, Riverside, CA and Name 

Change for Capital City Airport, 

Lansing, MI 

AGENCY: Customs and Border Protection, 

DHS. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: This document amends the 

Customs and Border Protection (CBP) 

Regulations by revising the list of user 

fee airports to reflect the removal of the 

user fee designations for the Roswell 

Industrial Air Center in Roswell, New 

Mexico and the March Inland Port 

Airport in Riverside, California, as well 

as indicating that the Capital City 

Airport in Lansing, Michigan has 

changed its name to the Capital Region 

International Airport. 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: 

Wendy M. Cooper, Office of Field 

Operations, 202–344–2057. 

SUPPLEMENTARY INFORMATION: 

Background 

Title 19, Part 122, Code of Federal 

Regulations (CFR), sets forth 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. 

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 

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, the airport seeking the 

designation as a user fee airport or that 

airport’s authority generally 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. Periodically, CBP 

updates the list of user fee airports at 19 

CFR 122.15(b) to reflect changes in the 

status of user fee airports. 

Recent Changes Requiring Updates to 

the List of User Fee Airports 

Section 19 CFR 122.15(c)(1) provides 

that the designation as a user fee airport 


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