Rule2022-10668
Technical Amendment to List of User Fee Airports: Removal of One Airport
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 19, 2022
Effective
May 19, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This document amends U.S. Customs and Border Protection (CBP) regulations by removing one airport from 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 do not qualify for designation as international or landing rights airports. Specifically, this technical amendment reflects the removal of the designation of user fee airport status for the Hillsboro Airport in Hillsboro, Oregon.
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30415-30416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10668]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 22-09]
Technical Amendment to List of User Fee Airports: Removal of One
Airport
AGENCY: U.S. Customs and Border Protection; DHS.
ACTION: Final rule; technical amendment.
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SUMMARY: This document amends U.S. Customs and Border Protection (CBP)
regulations by removing one airport from 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 do not qualify for designation as international or
landing rights airports. Specifically, this technical amendment
reflects the removal of the designation of user fee airport status for
the Hillsboro Airport in Hillsboro, Oregon.
DATES: Effective May 19, 2022.
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#c193b8a0afef89ef87ada0afa0a6a0af81a2a3b1efa5a9b2efa6aeb7"><span class="__cf_email__" data-cfemail="5f0d263e3171177119333e313e383e311f3c3d2f713b372c71383029">[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, 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 seeking to land at an airport
that is neither an international airport nor a landing rights airport.
This alternative option allows the Secretary of Treasury to designate
an airport, upon request by the airport authority or other sponsoring
entity, as a user fee airport.\3\ Pursuant to 19 U.S.C. 58b and
connected delegated authorities, a requesting airport may be designated
as a user fee airport only if 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 CBP in providing customs and related
services at the user fee airport, including the salary and expenses of
CBP employees to provide such services. See 19 U.S.C. 58b; see also 19
CFR 24.17(a)-(b).
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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
(UFF) to the Commissioner of CBP through Department of Homeland
Security Delegation, Sec. II.A., No. 7010.3 (May 11, 2006). The
Chief Operating Officer and Senior Official Performing the Duties of
the Commissioner subsequently delegated the authority to the
Executive Assistant Commissioner (EAC) of the Office of Field
Operations, on March 23, 2020, to designate new UFFs. On December
23, 2020, the broader authority to withdraw a facility's designation
as a UFF, as well as execute, amend, or terminate Memorandum of
Agreements, was also delegated to the EAC of the Office of Field
Operations.
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CBP designates airports as user fee airports in accordance with 19
U.S.C. 58b and 19 CFR 122.15 and on a case-by-case basis. If CBP
decides that the conditions for designation as a user fee airport are
satisfied, a Memorandum of Agreement (MOA) is executed between 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 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 Change Requiring Update to the List of User Fee Airports
This document updates the list of user fee airports in 19 CFR
122.15(b) by removing the Hillsboro Airport in Hillsboro, Oregon. On
November 30, 2020, the General Aviation Operations Supervisor of the
Hillsboro Airport requested termination of the user fee status for the
Hillsboro Airport, and the General Aviation Operations Supervisor and
CBP mutually agreed to terminate the user fee status of Hillsboro
Airport effective on July 20, 2021.
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
a conforming change by updating the list of user fee airports by
removing one airport in light of CBP's withdrawal of its designation as
a user fee airport under 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 interest. For the same reasons, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not required.
[[Page 30416]]
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). CBP Commissioner Chris Magnus, 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
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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, 1431, 1433, 1436,
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
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Sec. 122.15 [Amended]
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2. In Sec. 122.15, amend the table in paragraph (b) by removing the
entry for ``Hillsboro, Oregon''.
Dated: May 13, 2022.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2022-10668 Filed 5-18-22; 8:45 am]
BILLING CODE 9111-14-P
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