Technical Amendment to List of User Fee Airports: Addition of Valley International Airport, Harlingen, TX, 52577-52578 [E8-20990]
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Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Rules and Regulations
agency, for good cause, finds that
‘‘notice and public procedure thereon
are impracticable, unnecessary, or
contrary to the public interest.’’ 8
As we have described, the asset
brackets in the assessments table in 12
CFR 8.2(a) were last revised in 1992 and
did not reflect the current structure of
the national banking industry. The OCC
adopted the changes to that framework
in the form of an interim final rule
because completion of notice and
comment rulemaking procedures prior
to issuing the interim final rule would
have required delaying implementation
of the new asset brackets beyond the
next scheduled assessment date. Such a
delay would have been contrary to the
public interest since it would have
resulted in national banks’ continued
payment of assessments under a
framework that the OCC has determined
is no longer representative of current
industry structure and the OCC’s
corresponding expenses of operation.
Issuance of the interim final rule also
furthered the public interest and
reduced regulatory burden because it
allowed the OCC, as appropriate, to
issue an amended Notice of Fees that
better reflects the structure of the
national banking system and allocates
the OCC’s expenses of operation on that
basis. For the same reasons, the OCC
found good cause to publish the interim
final rule with an immediate effective
date. See 5 U.S.C. 553(d)(1), 553(d)(3).9
Because the OCC determined for good
cause that the APA did not require
public notice and comment on the
interim final rule, we did not publish a
general notice of proposed rulemaking.
Thus, the RFA, pursuant to 5 U.S.C.
601(2), does not apply to this final rule
because it is not a rule for which the
OCC was required to publish a general
notice of proposed rulemaking pursuant
to section 553(b) of the APA.
Executive Order 12866
The OCC has determined that this
final rule is not a significant regulatory
action under Executive Order 12866.
Unfunded Mandates Reform Act of
1995 Determinations
Section 202 of the Unfunded
Mandates Reform Act of 1995 10
(Unfunded Mandates Act) requires that
an agency prepare a budgetary impact
85
U.S.C. 553(b)(B).
notice and comment were not
required prior to the effective date of the interim
final rule, the OCC nonetheless invited comments
on all aspects of this interim final rule and intended
to revise the interim final rule if necessary or
appropriate in light of the comments received. As
explained above, however, the OCC received no
comments on the interim final rule.
10 2 U.S.C. 1532.
jlentini on PROD1PC65 with RULES
9 Although
VerDate Aug<31>2005
16:26 Sep 09, 2008
Jkt 214001
statement before promulgating any rule
likely to result in a Federal mandate that
may result in the expenditure by state,
local, and tribal governments, in the
aggregate, or by the private sector, of
$100 million or more in any one year.
If a budgetary impact statement is
required, section 205 of the Unfunded
Mandates Act also requires the agency
to identify and consider a reasonable
number of regulatory alternatives before
promulgating the rule. The OCC has
determined that this final rule will not
result in expenditures by state, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any one year. Accordingly,
the OCC has not prepared a budgetary
impact statement or specifically
addressed the regulatory alternatives
considered.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506;
5 CFR 1320 appendix A.1), we have
reviewed the final rule to assess any
information collections. There are no
collections of information as defined by
the Paperwork Reduction Act in the
final rule.
Lists of Subjects in 12 CFR Part 8
Assessment of fees.
PART 8—ASSESSMENT OF FEES
Accordingly under the authority at 12
U.S.C. 482 the interim rule amending 12
CFR part 8 which was published at 73
FR 9012 on February 19, 2008, and
corrected at 73 FR 9012, Feb. 21, 2008
is adopted as final without change.
I
Dated: August 11, 2008.
John C. Dugan,
Comptroller of the Currency.
[FR Doc. E8–20905 Filed 9–9–08; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Part 122
[CBP Dec. 08–39]
Technical Amendment to List of User
Fee Airports: Addition of Valley
International Airport, Harlingen, TX
Customs and Border Protection,
Department of Homeland Security.
ACTION: Final rule; technical
amendment.
AGENCY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
52577
SUMMARY: This document amends the
Customs and Border Protection (CBP)
Regulations by revising the list of user
fee airports to reflect the recent user fee
airport designation for Valley
International Airport in Harlingen,
Texas. 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: September 10,
2008.
FOR FURTHER INFORMATION CONTACT:
Scott Welch, Office of Field Operations,
202–344–2642.
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
customs services at the airport and the
1 Sections 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).
E:\FR\FM\10SER1.SGM
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jlentini on PROD1PC65 with RULES
52578
Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Rules and Regulations
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.
The fees which are to be charged at
user fee airports, according to the
statute, 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 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. Section 19 CFR
122.15 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 adding
Valley International Airport, in
Harlingen, Texas to the list. On May 28,
2008, the Commissioner signed an MOA
approving the designation of user fee
status for Valley International Airport.
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16:26 Sep 09, 2008
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Inapplicability of Public Notice and
Delayed Effective Date Requirements
Because this amendment merely
updates the list of user fee airports to
include an airport 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.
The 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.
Amendment to Regulations
Part 122, Code of Federal Regulations
(19 CFR part 122) is amended as set
forth below:
I
DEPARTMENT OF STATE
22 CFR Part 122
[Public Notice 6353]
Amendment to the International Traffic
in Arms Regulations: Correction
Department of State.
Correction of final rule.
AGENCY:
ACTION:
SUMMARY: This document makes a
correction to the RIN stated in the final
rule published on July 18, 2008 (73 FR
41258) pertaining to ‘‘Renewal of
Registration.’’ RIN 1400–AC50 should
be RIN 1400–AC51.
DATES: Effective Date: September 10,
2008.
FOR FURTHER INFORMATION CONTACT:
Mary Sweeney, Office of Defense Trade
Controls Policy, Bureau of PoliticalMilitary Affairs, Department of State,
(202) 663–2865.
SUPPLEMENTARY INFORMATION: The
Department of State published a final
rule (Public Notice 6300) in the Federal
Register of July 18, 2008, amending Part
122 of the International Traffic in Arms
Regulations.
In rule FR Doc. E8–16537 published
on July 18, 2008 (73 FR 41258), make
the following correction.
1. On page 41258, second column,
‘‘RIN 1400–AC50’’ should read ‘‘RIN
1400–AC51.’’
Dated: September 4, 2008.
Robert S. Kovac,
Managing Director, Directorate of Defense
Trade Controls, Department of State.
[FR Doc. E8–21018 Filed 9–9–08; 8:45 am]
BILLING CODE 4710–25–P
PART 122—AIR COMMERCE
REGULATIONS
1. The authority citation for part 122
continues to read as follows:
I
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.
2. The listing of user fee airports in
section 122.15(b) is amended as follows:
by adding, in alphabetical order, in the
‘‘Location’’ column ‘‘Harlingen, Texas’’
and by adding on the same line, in the
‘‘Name’’ column, ‘‘Valley International
Airport.’’
I
Dated: September 4, 2008.
Jason P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E8–20990 Filed 9–9–08; 8:45 am]
BILLING CODE 9111–14–P
PO 00000
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DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 210
RIN 1510–AB00
Federal Government Participation in
the Automated Clearing House
Financial Management Service,
Fiscal Service, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: We are amending our
regulation governing the use of the
Automated Clearing House (ACH)
system by Federal agencies. The rule
adopts, with some exceptions, the ACH
Rules developed by NACHA—The
Electronic Payments Association
(NACHA) as the rules governing the use
of the ACH Network by Federal
E:\FR\FM\10SER1.SGM
10SER1
Agencies
[Federal Register Volume 73, Number 176 (Wednesday, September 10, 2008)]
[Rules and Regulations]
[Pages 52577-52578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20990]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 122
[CBP Dec. 08-39]
Technical Amendment to List of User Fee Airports: Addition of
Valley International Airport, Harlingen, TX
AGENCY: Customs and Border Protection, Department of Homeland Security.
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
recent user fee airport designation for Valley International Airport in
Harlingen, Texas. 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: September 10, 2008.
FOR FURTHER INFORMATION CONTACT: Scott Welch, Office of Field
Operations, 202-344-2642.
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.
---------------------------------------------------------------------------
\1\ Sections 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).
---------------------------------------------------------------------------
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
[[Page 52578]]
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.
The fees which are to be charged at user fee airports, according to
the statute, 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
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. Section 19 CFR 122.15 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 adding Valley International Airport, in Harlingen,
Texas to the list. On May 28, 2008, the Commissioner signed an MOA
approving the designation of user fee status for Valley International
Airport.
Inapplicability of Public Notice and Delayed Effective Date
Requirements
Because this amendment merely updates the list of user fee airports
to include an airport 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.
The 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.
Amendment 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.
0
2. The listing of user fee airports in section 122.15(b) is amended as
follows: by adding, in alphabetical order, in the ``Location'' column
``Harlingen, Texas'' and by adding on the same line, in the ``Name''
column, ``Valley International Airport.''
Dated: September 4, 2008.
Jason P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E8-20990 Filed 9-9-08; 8:45 am]
BILLING CODE 9111-14-P