Rule2021-20518
Technical Amendment To List of User Fee Airports: Addition of Three Airports, Removal of Two Airports
Primary source
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Published
September 23, 2021
Effective
September 23, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document amends U.S. Customs and Border Protection (CBP) regulations by revising 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 that do not qualify for designation as international or landing rights airports. Specifically, this technical amendment reflects the designation of user fee status for three additional airports: Witham Field Airport in Stuart, Florida; Plattsburgh International Airport in Plattsburgh, New York; and Fort Worth Meacham International Airport in Fort Worth, Texas. This document also amends CBP regulations by removing the designation of user fee status for two airports: Griffiss International Airport in Rome, New York, and Cobb County International Airport in Kennesaw, Georgia.
Full Text
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<title>Federal Register, Volume 86 Issue 182 (Thursday, September 23, 2021)</title>
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[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Rules and Regulations]
[Pages 52823-52825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20518]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 21-14]
Technical Amendment To List of User Fee Airports: Addition of
Three Airports, Removal of Two Airports
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security (DHS).
ACTION: Final rule; technical amendment.
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[[Page 52824]]
SUMMARY: This document amends U.S. Customs and Border Protection (CBP)
regulations by revising 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 that do not qualify for designation as international or landing
rights airports. Specifically, this technical amendment reflects the
designation of user fee status for three additional airports: Witham
Field Airport in Stuart, Florida; Plattsburgh International Airport in
Plattsburgh, New York; and Fort Worth Meacham International Airport in
Fort Worth, Texas. This document also amends CBP regulations by
removing the designation of user fee status for two airports: Griffiss
International Airport in Rome, New York, and Cobb County International
Airport in Kennesaw, Georgia.
DATES: Effective date: September 23, 2021.
FOR FURTHER INFORMATION CONTACT: Ryan Flanagan, Director, Alternative
Funding Program, Office of Field Operations, U.S. Customs and Border
Protection at <a href="/cdn-cgi/l/email-protection#9ac8e3fbf4b4d2b4dcf6fbf4fbfdfbf4daf9f8eab4fef2e9b4fdf5ec"><span class="__cf_email__" data-cfemail="184a6179763650365e747976797f7976587b7a68367c706b367f776e">[email protected]</span></a> 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, 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.\2\
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\1\ For 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).
\2\ A 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).
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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 that desire to land at an airport
that is neither an international airport nor a landing rights airport.
This alternative option allows the Commissioner of U.S. Customs and
Border Protection (CBP) to designate an airport, upon request by the
airport authority, as a user fee airport.\3\ Pursuant to 19 U.S.C. 58b,
a requesting airport may be designated as a user fee airport only if
the Commissioner of 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 the Commissioner of CBP in providing
customs services at the user fee airport, including the salary and
expenses of CBP employees to provide the customs services. See 19
U.S.C. 58b.
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\3\ Sections 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 to
the Commissioner of CBP through Department of Homeland Security
Delegation, Sec. II.A., No. 7010.3 (May 11, 2006).
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The Commissioner of CBP designates airports as user fee airports in
accordance with 19 U.S.C. 58b and 19 CFR 122.15. The Commissioner
designates user fee airports on a case-by-case basis. 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 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 be paid 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 Changes Requiring Updates to the List of User Fee Airports
This document updates the list of user fee airports in 19 CFR
122.15(b) by adding the following three airports: Witham Field Airport
in Stuart, Florida; Plattsburgh International Airport in Plattsburgh,
New York; and Fort Worth Meacham International Airport in Fort Worth,
Texas. The Commissioner of CBP has signed MOAs with the respective
airport authorities designating each of these three airports as a user
fee airport.\4\
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\4\ Then-Commissioner Kevin K. McAleenan signed MOAs designating
Witham Field Airport on November 5, 2018, and Fort Worth Meacham
International Airport on August 29, 2017. Then-Acting Commissioner
Mark A. Morgan signed an MOA designating Plattsburgh International
Airport on August 28, 2019.
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Additionally, this document updates the list of user fee airports
in 19 CFR 122.15(b) by removing two airports: Griffiss International
Airport in Rome, New York, and Cobb County International Airport in
Kennesaw, Georgia. After the airport authority of Griffiss
International Airport requested to terminate its user fee status on
August 5, 2020, the airport authority and CBP mutually agreed to
terminate the user fee status of Griffiss International Airport
effective on October 10, 2020. The airport authority of Cobb County
International Airport requested to terminate its user fee status on
July 1, 2020, and the airport authority and CBP mutually agreed to
terminate the user fee status of Cobb County International Airport
effective on October 10, 2020.
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
conforming changes by updating the list of user fee airports to add
three airports that have already been designated by the Commissioner of
CBP as user fee airports and by removing two airports for which the
Commissioner has withdrawn the user fee airport designation, in
accordance with 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
[[Page 52825]]
interest. For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a
delayed effective date is not required.
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.
Paperwork Reduction Act
There is no new collection of information required in this
document; therefore, the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3507) are inapplicable.
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). Acting Commissioner Troy A. Miller, having reviewed and
approved this document, is delegating the authority to electronically
sign this document to Robert F. Altneu, who is the Director of the
Regulations and Disclosure Law Division for CBP, for purposes of
publication in the Federal Register.
List of Subjects in 19 CFR Part 122
Air carriers, Aircraft, Airports, Customs duties and inspection,
Freight.
Amendments to Regulations
Part 122, of title 19 of the Code of Federal Regulations (19 CFR
part 122) is amended as set forth below:
PART 122--AIR COMMERCE REGULATIONS
0
1. The general authority citation for part 122 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433,
1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *
0
2. In Sec. 122.15, amend the table in paragraph (b) as follows:
0
a. Add a second entry for ``Fort Worth, Texas'' immediately following
the existing entry for ``Fort Worth, Texas'';
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b. Remove the entry for ``Kennesaw, Georgia'';
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c. Add an entry for ``Plattsburgh, New York'' in alphabetical order;
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d. Remove the entry for ``Rome, New York''; and
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e. Add an entry for ``Stuart, Florida'' in alphabetical order.
The additions read as follows:
Sec. 122.15 User fee airports.
* * * * *
(b) * * *
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Location Name
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* * * * * * *
Fort Worth, Texas................. Fort Worth Meacham International
Airport.
* * * * * * *
Plattsburgh, New York............. Plattsburgh International Airport.
* * * * * * *
Stuart, Florida................... Witham Field Airport.
* * * * * * *
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* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2021-20518 Filed 9-22-21; 8:45 am]
BILLING CODE 9111-14-P
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