Technical Amendment to List of User Fee Airports: Termination of User Fee Status of Santa Maria Public Airport, Santa Maria, CA, 53881-53882 [E9-25321]
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53881
Rules and Regulations
Federal Register
Vol. 74, No. 202
Wednesday, October 21, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Part 122
[CBP Dec. 09–42]
Technical Amendment to List of User
Fee Airports: Termination of User Fee
Status of Santa Maria Public Airport,
Santa Maria, CA
AGENCY:
Customs and Border Protection,
DHS.
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 withdrawal of
the user fee airport designation for Santa
Maria Public Airport, Santa Maria,
California. 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: October 21, 2009.
FOR FURTHER INFORMATION CONTACT:
Simon Stella, Office of Field Operations,
202–344–2771.
SUPPLEMENTARY INFORMATION:
sroberts on DSKD5P82C1PROD with RULES
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
VerDate Nov<24>2008
16:30 Oct 20, 2009
Jkt 220001
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 the availability of customs
services at the airport and the 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.
Pursuant to 19 U.S.C. 58b, the fees
which are to be charged at user fee
airports 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
1 Sections 403(1) and 411 of the Homeland
Security Act of 2002 (‘‘the Act,’’ Pub. L. 107–296,
6 U.S.C. 203(1), 211) 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 (6 U.S.C. 542 and note), the President renamed
the ‘‘Customs Service’’ as the ‘‘Bureau of Customs
and Border Protection.’’ Effective March 31, 2007,
DHS changed the name of ‘‘Bureau of Customs and
Border Protection’’ to ‘‘U.S. Customs and Border
Protection,’’ also referred to as ‘‘CBP’’ (72 FR 20131,
April 23, 2007).
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 in
accordance with 19 U.S.C. 58b and
pursuant to 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 122.15 of
CBP Regulations (19 CFR 122.15) also
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 removing Santa Maria Public
Airport, Santa Maria, California from
the list. On July 8, 2009, the Acting
Commissioner approved the withdrawal
of user fee status for Santa Maria Public
Airport. The airport had requested that
the User Fee Airport status be
terminated.
Inapplicability of Public Notice and
Delayed Effective Date Requirements
Because this amendment merely
updates and corrects the list of user fee
airports 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.
E:\FR\FM\21OCR1.SGM
21OCR1
53882
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Rules and Regulations
Regulatory Flexibility Act and
Executive Order 12866
ACTION: Final rule; technical
amendments.
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.
SUMMARY: This document amends the
Customs and Border Protection (CBP)
Regulations by revising the list of user
fee airports to reflect the removal of the
user fee designations for the Roswell
Industrial Air Center in Roswell, New
Mexico and the March Inland Port
Airport in Riverside, California, as well
as indicating that the Capital City
Airport in Lansing, Michigan has
changed its name to the Capital Region
International Airport. 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: October 21, 2009.
FOR FURTHER INFORMATION CONTACT:
Wendy M. Cooper, Office of Field
Operations, 202–344–2057.
SUPPLEMENTARY INFORMATION:
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.
Amendments to Regulations
Part 122, Code of Federal Regulations
(19 CFR part 122) is amended as set
forth below:
■
PART 122—AIR COMMERCE
REGULATIONS
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.
§ 122.15
[Amended]
2. The listing of user fee airports in
§ 122.15(b) is amended by removing
from the ‘‘Location’’ column, ‘‘Santa
Maria, California,’’ and by removing on
the same line, from the ‘‘Name’’ column,
‘‘Santa Maria Public Airport.’’
■
Dated: October 15, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E9–25321 Filed 10–20–09; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Part 122
sroberts on DSKD5P82C1PROD with RULES
[CBP Dec. 09–41]
Technical Amendments to List of User
Fee Airports: Removal of User Fee
Status for Roswell Industrial Air
Center, Roswell, NM and March Inland
Port Airport, Riverside, CA and Name
Change for Capital City Airport,
Lansing, MI
AGENCY:
Customs and Border Protection,
DHS.
VerDate Nov<24>2008
16:30 Oct 20, 2009
Jkt 220001
Background
Title 19, Part 122, Code of Federal
Regulations (CFR), sets forth 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).
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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
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.
Pursuant to 19 U.S.C. 58b, the fees
which are to be charged at user fee
airports 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, the airport seeking the
designation as a user fee airport or that
airport’s authority generally 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. Periodically, CBP
updates the list of user fee airports at 19
CFR 122.15(b) to reflect changes in the
status of user fee airports.
Recent Changes Requiring Updates to
the List of User Fee Airports
Section 19 CFR 122.15(c)(1) provides
that the designation as a user fee airport
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Rules and Regulations]
[Pages 53881-53882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25321]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 /
Rules and Regulations
[[Page 53881]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 122
[CBP Dec. 09-42]
Technical Amendment to List of User Fee Airports: Termination of
User Fee Status of Santa Maria Public Airport, Santa Maria, CA
AGENCY: Customs and Border Protection, DHS.
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
withdrawal of the user fee airport designation for Santa Maria Public
Airport, Santa Maria, California. 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: October 21, 2009.
FOR FURTHER INFORMATION CONTACT: Simon Stella, Office of Field
Operations, 202-344-2771.
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, 6 U.S.C. 203(1), 211) 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 (6 U.S.C. 542 and note), the President
renamed the ``Customs Service'' as the ``Bureau of Customs and
Border Protection.'' Effective March 31, 2007, DHS changed the name
of ``Bureau of Customs and Border Protection'' to ``U.S. Customs and
Border Protection,'' also referred to as ``CBP'' (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 the availability of customs services
at the airport and the 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.
Pursuant to 19 U.S.C. 58b, the fees which are to be charged at user
fee airports 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 in
accordance with 19 U.S.C. 58b and pursuant to 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 122.15 of CBP Regulations (19 CFR 122.15)
also 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
removing Santa Maria Public Airport, Santa Maria, California from the
list. On July 8, 2009, the Acting Commissioner approved the withdrawal
of user fee status for Santa Maria Public Airport. The airport had
requested that the User Fee Airport status be terminated.
Inapplicability of Public Notice and Delayed Effective Date
Requirements
Because this amendment merely updates and corrects the list of user
fee airports 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.
[[Page 53882]]
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.
Amendments 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.
Sec. 122.15 [Amended]
0
2. The listing of user fee airports in Sec. 122.15(b) is amended by
removing from the ``Location'' column, ``Santa Maria, California,'' and
by removing on the same line, from the ``Name'' column, ``Santa Maria
Public Airport.''
Dated: October 15, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-25321 Filed 10-20-09; 8:45 am]
BILLING CODE 9111-14-P
