Technical Amendment to List of User Fee Airports: Addition of Valley International Airport, Harlingen, TX, 52577-52578 [E8-20990]

Download as PDF 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 10SER1 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. VerDate Aug<31>2005 16:26 Sep 09, 2008 Jkt 214001 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 Frm 00006 Fmt 4700 Sfmt 4700 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
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