Rule2022-15678
Technical Amendment to List of User Fee Airports: Addition of Four Airports, Removal of Two Airports
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
July 22, 2022
Effective
July 22, 2022
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 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 designation of user fee status for four additional airports: Coeur d'Alene Airport in Hayden, Idaho; Ithaca Tompkins Regional Airport in Ithaca, New York; University of Illinois-Willard Airport in Savoy, Illinois; and Sheboygan County Memorial Airport in Sheboygan Falls, Wisconsin. This document also amends CBP regulations by removing the designation of user fee status for two airports: Ardmore Industrial Airpark, in Ardmore, Oklahoma, and Decatur Airport in Decatur, Illinois.
Full Text
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<title>Federal Register, Volume 87 Issue 140 (Friday, July 22, 2022)</title>
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[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Rules and Regulations]
[Pages 43740-43741]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15678]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 22-16]
Technical Amendment to List of User Fee Airports: Addition of
Four Airports, Removal of Two Airports
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 revising the list of user fee airports. User fee
airports are airports that have been approved by 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 designation of user
fee status for four additional airports: Coeur d'Alene Airport in
Hayden, Idaho; Ithaca Tompkins Regional Airport in Ithaca, New York;
University of Illinois-Willard Airport in Savoy, Illinois; and
Sheboygan County Memorial Airport in Sheboygan Falls, Wisconsin. This
document also amends CBP regulations by removing the designation of
user fee status for two airports: Ardmore Industrial Airpark, in
Ardmore, Oklahoma, and Decatur Airport in Decatur, Illinois.
DATES: Effective July 22, 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#e1b398808fcfa9cfa78d808f8086808fa1828391cf858992cf868e97"><span class="__cf_email__" data-cfemail="491b3028276701670f252827282e2827092a2b39672d213a672e263f">[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 Commissioner of U.S. Customs and
Border Protection (CBP) 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, 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
[[Page 43741]]
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 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). The Commissioner subsequently delegated
this 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 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 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 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 four airports: Coeur d'Alene Airport
in Hayden, Idaho; Ithaca Tompkins Regional Airport in Ithaca, New York;
University of Illinois-Willard Airport in Savoy, Illinois; and
Sheboygan County Memorial Airport in Sheboygan Falls, Wisconsin. CBP
has signed MOAs with the respective airport authorities designating
each of these four airports as a user fee airport.\4\
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\4\ The Executive Assistant Commissioner of the Office of Field
Operations Pete Flores signed a MOA designating Coeur d'Alene
Airport on May 6, 2022. Then-Acting Commissioner Mark A. Morgan
signed an MOA designating University of Illinois-Willard Airport on
February 25, 2020. Then-Executive Assistant Commissioner of the
Office of Field Operations Todd C. Owen signed MOAs designating
Ithaca Tompkins Regional Airport on June 26, 2020 and Sheboygan
County Memorial Airport on May 21, 2020.
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Additionally, this document updates the list of user fee airports
in 19 CFR 122.15(b) by removing two airports: Ardmore Industrial
Airpark in Ardmore, Oklahoma and Decatur Airport in Decatur, Illinois.
The airport authority of Ardmore Industrial Airpark requested to
terminate its user fee status on March 19, 2020, and the airport
authority and CBP mutually agreed to terminate the user fee status of
Ardmore Industrial Airpark effective on July 17, 2020. The airport
authority of Decatur Airport requested to terminate its user fee status
on July 17, 2019, and the airport authority and CBP mutually agreed to
terminate the user fee status of Decatur Airport effective on November
13, 2019.
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
four airports that have already been designated by CBP as user fee
airports and by removing two airports for which CBP 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 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). 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
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, 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. Remove the entries for ``Ardmore, Oklahoma'' and ``Decatur,
Illinois''; and
0
b. Add entries in alphabetical order for ``Hayden, Idaho'', ``Ithaca,
New York'', ``Savoy, Illinois'', and ``Sheboygan Falls, Wisconsin''.
The additions read as follows:
Sec. 122.15 User fee airports.
* * * * *
(b) * * *
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Location Name
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* * * * *
Hayden, Idaho............................. Coeur d'Alene Airport.
Ithaca, New York.......................... Ithaca Tompkins Regional
Airport.
* * * * *
Savoy, Illinois........................... University of Illinois-
Willard Airport.
* * * * *
Sheboygan Falls, Wisconsin................ Sheboygan County Memorial
Airport.
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Date: July 18, 2022.
Robert F. Altneu,
Director, Regulations & Disclosure, Law Division, Regulations &
Rulings, Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2022-15678 Filed 7-21-22; 8:45 am]
BILLING CODE 9111-14-P
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