Technical Amendment to List of User Fee Airports: Addition of Bozeman Yellowstone International Airport, Belgrade, MT, 73310-73311 [2012-29752]
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Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
a. The section heading is revised to
read as set forth below;
■ b. Paragraph (a) introductory text is
amended by removing the word
‘‘Customs’’ each place it appears and
adding in its place the term ‘‘CBP’’;
■ c. Paragraph (a)(2) introductory text is
amended by removing the word ‘‘shall’’
and adding in its place the word ‘‘will’’;
■ d. Paragraph (a)(2)(i) is amended, in
the first sentence, by removing the
reference ‘‘(19 U.S.C. 1514(c)(1))’’ and
adding in its place the reference ‘‘(19
U.S.C. 1514(c)(2))’’;
■ e. Paragraph (b)(1) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘must’’;
■ f. Paragraph (b)(2) is amended, in the
first sentence, by removing the term
‘‘Customs’’ and adding in its place the
word ‘‘CBP’’; and by removing the
words, ‘‘Customs Service’’ wherever it
appears and adding in its place the term
‘‘CBP’’;
■ g. Paragraphs (c) and (f) are amended
by removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’;
■ h. Paragraph (d) is amended:
■ (i) in the first and second sentences,
by removing the term ‘‘the Customs
Service’’ and adding in its place the
term ‘‘CBP’’; and
■ (ii) in the third sentence by removing
the words, ‘‘Customs offices)’’ and
adding in their place the words ‘‘CBP
offices)’’; and
■ i. Paragraph (f) is amended, by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’ and by
removing the term ‘‘Customs Service’’
and adding in its place the term ‘‘CBP’’.
The revision reads as follows:
■
§ 177.13
*
*
Inconsistent CBP decisions.
*
*
*
Dated: November 26, 2012.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2012–29632 Filed 12–7–12; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
srobinson on DSK4SPTVN1PROD with
[CBP Dec. 12–20]
Technical Amendment to List of User
Fee Airports: Addition of Bozeman
Yellowstone International Airport,
Belgrade, MT
U.S. Customs and Border
Protection, Department of Homeland
Security.
AGENCY:
VerDate Mar<15>2010
16:08 Dec 07, 2012
Jkt 229001
Final rule; technical
amendment.
ACTION:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations by revising the list of
user fee airports to reflect the recent
user fee airport designation for Bozeman
Yellowstone International Airport in
Belgrade, Montana. 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: December 10,
2012.
FOR FURTHER INFORMATION CONTACT:
Roger Kaplan, Office of Field
Operations, Roger.Kaplan@dhs.gov or
202–325–4543.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. 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 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
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.
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
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 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. 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. The regulation
pertaining to user fee airports is 19 CFR
122.15. It addresses the procedures for
obtaining permission to land at a user
fee airport, the grounds for withdrawal
of a user fee designation and includes
the list of user fee airports designated by
the Commissioner of CBP in accordance
with 19 U.S.C. 58b.
Periodically, CBP updates the list of
user fee airports at 19 CFR 122.15(b) to
reflect those that have been recently
designated by the Commissioner. A
MOA approving the designation of user
fee status for Bozeman Yellowstone
International Airport was signed on
March 16, 2012. This document updates
the list of user fee airports by adding
Bozeman Yellowstone International
Airport, in Belgrade, Montana to the list.
E:\FR\FM\10DER1.SGM
10DER1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations
II. Statutory and Regulatory
Requirements
A. Inapplicability of Public Notice and
Delayed Effective Date Requirements
Under the Administrative Procedure
Act (5 U.S.C. 553(b)), an agency may
waive the normal notice and comment
requirements if it finds, for good cause,
that they are impracticable,
unnecessary, or contrary to the public
interest. The final rule lists an airport
already designated by the Commissioner
of CBP in accordance with 19 U.S.C. 58b
as a user fee airport. This amendment is
a conforming change to update the list
of user fee airports. Notice and comment
for this rule is unnecessary and contrary
to the public interest, because the rule
merely conforms the regulatory text to
reflect the Commissioners’ designation
of this airport as a user fee airport; it is
technical in nature; and it relates only
to management, organization,
procedure, and practice. For the same
reasons, pursuant to 5 U.S.C. 553(d)(3),
a delayed effective date is not required.
E. Signing Authority
This document is limited to technical
corrections 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
For the reasons set forth above, 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]
B. 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, as
supplemented by Executive Order
13563.
2. The listing of user fee airports in
§ 122.15(b) is amended by adding, in
alphabetical order, in the ‘‘Location’’
column ‘‘Belgrade, Montana’’ and on the
same line, in the ‘‘Name’’ column
‘‘Bozeman Yellowstone International
Airport.’’
Dated: December 5, 2012.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and
Border Protection.
C. Unfunded Mandates Reform Act of
1995
srobinson on DSK4SPTVN1PROD with
D. Executive Order 13132
BILLING CODE 9111–14–P
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0551]
RIN 1625–AA00; 1625–AA08
Special Local Regulation and Safety
Zone; America’s Cup Sailing Events,
San Francisco, CA; Correction
Coast Guard, DHS.
Temporary final rule;
correction.
AGENCY:
The rule will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13123, this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
16:08 Dec 07, 2012
[FR Doc. 2012–29752 Filed 12–7–12; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
This rule will not 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, and it will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
VerDate Mar<15>2010
■
Jkt 229001
ACTION:
On July 17, 2012, the Coast
Guard published in the Federal Register
a temporary final rule establishing a
special local regulation for sailing
events scheduled to occur on the waters
of San Francisco Bay adjacent to the
City of San Francisco waterfront in the
vicinity of the Golden Gate Bridge and
Alcatraz Island. Inadvertently, this rule
included errors in four navigational
SUMMARY:
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
73311
coordinates of the transit zone
established for the 2013 America’s Cup
events. This document corrects those
erroneous coordinates.
DATES: Effective on December 10, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2011–0551. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant DeCarol Davis, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7443 or email at
D11–PF-MarineEvents@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: On July
17, 2012, the Coast Guard published a
temporary final rule regulating the onwater activities associated with the
‘‘Louis Vuitton Cup,’’ ‘‘Red Bull Youth
America’s Cup,’’ and ‘‘America’s Cup
Finals Match’’ scheduled to occur in
July, August, and September, 2013 (77
FR 41902). Among the regulations
established by this temporary final rule
was a transit zone created to facilitate
the safe transit of vessels needing access
to pier space and facilities along the
City of San Francisco waterfront and to
minimize other traffic that may obstruct
the waterfront (33 CFR 100.T11–
0551B(d)(6), to become effective July 4,
2013–September 23, 2013). An image
illustrating the location of the transit
zone is available in the docket.
On August 20, 2012, the Coast Guard
became aware of errors in the transit
zone coordinates after a member of the
Coast Guard plotted the transit zone on
vessel traffic management software and
found four coordinates positioned on
land and out of line with the concept of
operations developed by the Coast
Guard. All four errors can be attributed
to data-entry errors, where a 4 was
accidently typed as a 2 in the seconds
of one coordinate, and a 2 was
accidently typed as a 1 in the degrees of
three other coordinates. When plotted,
the erroneous coordinates do not reflect
the transit zone as described in the
E:\FR\FM\10DER1.SGM
10DER1
]]>Agencies
[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73310-73311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29752]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 12-20]
Technical Amendment to List of User Fee Airports: Addition of
Bozeman Yellowstone International Airport, Belgrade, MT
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations by revising the list of user fee airports to reflect
the recent user fee airport designation for Bozeman Yellowstone
International Airport in Belgrade, Montana. 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: December 10, 2012.
FOR FURTHER INFORMATION CONTACT: Roger Kaplan, Office of Field
Operations, Roger.Kaplan@dhs.gov or 202-325-4543.
SUPPLEMENTARY INFORMATION:
I. 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 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
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 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. 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. The
regulation pertaining to user fee airports is 19 CFR 122.15. It
addresses the procedures for obtaining permission to land at a user fee
airport, the grounds for withdrawal of a user fee designation and
includes the list of user fee airports designated by the Commissioner
of CBP in accordance with 19 U.S.C. 58b.
Periodically, CBP updates the list of user fee airports at 19 CFR
122.15(b) to reflect those that have been recently designated by the
Commissioner. A MOA approving the designation of user fee status for
Bozeman Yellowstone International Airport was signed on March 16, 2012.
This document updates the list of user fee airports by adding Bozeman
Yellowstone International Airport, in Belgrade, Montana to the list.
[[Page 73311]]
II. Statutory and Regulatory Requirements
A. Inapplicability of Public Notice and Delayed Effective Date
Requirements
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. The final rule lists an airport already designated
by the Commissioner of CBP in accordance with 19 U.S.C. 58b as a user
fee airport. This amendment is a conforming change to update the list
of user fee airports. Notice and comment for this rule is unnecessary
and contrary to the public interest, because the rule merely conforms
the regulatory text to reflect the Commissioners' designation of this
airport as a user fee airport; it is technical in nature; and it
relates only to management, organization, procedure, and practice. For
the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective
date is not required.
B. 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, as supplemented by Executive Order 13563.
C. Unfunded Mandates Reform Act of 1995
This rule will not 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, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
D. Executive Order 13132
The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13123, this rule does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement.
E. Signing Authority
This document is limited to technical corrections 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
For the reasons set forth above, 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
adding, in alphabetical order, in the ``Location'' column ``Belgrade,
Montana'' and on the same line, in the ``Name'' column ``Bozeman
Yellowstone International Airport.''
Dated: December 5, 2012.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-29752 Filed 12-7-12; 8:45 am]
BILLING CODE 9111-14-P
