User Fee Airports

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

[T.D. 95-2]

User Fee Airports

AGENCY: U.S. Customs Service, Department of Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the

establishment of eight additional user fee airports. User fee airports

are those which, while not qualifying for designation as an

international or landing rights airport, have been approved by the

Commissioner of Customs to receive the services of Customs officers for

the processing of aircraft entering the U. S. and their passengers and

cargo.

EFFECTIVE DATE: December 30, 1994.

FOR FURTHER INFORMATION CONTACT: Peg Fearon, Office of Inspection and

Control, 202-927-1413.

SUPPLEMENTARY INFORMATION:

Background

Part 122, Customs Regulations (19 CFR Part 122), sets forth

regulations that are applicable to all international air commerce

relating to the entry and clearance of aircraft and the transportation

of persons and cargo by aircraft.

Under Sec. 1109(b), Federal Aviation Act of 1958, as amended (49

U.S.C. 1509(b)), the Secretary of the Treasury is authorized to

designate places in the United States as ports of entry for civil

aircraft arriving from any place outside of the United States, and for

merchandise carried on the aircraft. These airports are referred to as

international airports, and the location and name of each are listed in

Sec. 122.13, Customs Regulations (19 CFR 122.13). In accordance with

Sec. 122.33, Customs Regulations (19 CFR 122.33), the first landing of

every civil aircraft entering the United States from a foreign area

must be at one of these international airports, unless the aircraft has

been specifically exempted from this requirement or permission to land

elsewhere has been granted. Customs officers are assigned to all

international airports to accept entries of merchandise, collect duties

and enforce the customs laws and regulations.

Other than if making an emergency or forced landing, if a civil

aircraft desires to land at an airport not designated by Customs as an

international airport, the pilot may request permission to land at a

specific airport and, if granted, Customs assigns personnel to that

airport for the aircraft. The airport where the aircraft is permitted

to land is called a landing rights airport (19 CFR 122.24).

Section 236 of Pub. L. 98-573 (the Trade and Tariff Act of 1984),

codified at 19 United States Code 58b (19 U.S.C. 58b), creates an

option for civil aircraft desiring to land at an airport other than an

international or landing rights airport. A civil aircraft arriving from

a place outside the United States may ask Customs for permission to

land at an airport designated by the Secretary of the Treasury as a

user fee airport.

Pursuant to 19 U.S.C. 58b, an airport may be designated as a user

fee airport if the Secretary of the Treasury determines that the volume

of Customs 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.

Inasmuch as the volume of business anticipated at these airports is

insufficient to justify their designation as an international or

landing rights airport, the availability of Customs services is not

paid for out of the Customs appropriations from the general treasury of

the United States. Instead, the services of Customs officers are

provided on a fully reimbursable basis to be paid for by the user fee

airports 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 Secretary of the Treasury in providing Customs services which

are rendered to such person at such airport, including the salary and

expenses of those employed by the Secretary of the Treasury 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 Customs a flat fee annually and the users of

the airport are to reimburse that airport/airport authority. The

airport/airport authority agrees to set and periodically to review its

charges to ensure that they are in accord with the airport's expenses.

Pursuant to Treasury Department Order No. 165, Revised (Treasury

Decision 53564), all the rights, privileges, powers and duties vested

in the Secretary of the Treasury by the Tariff Act of 1930, as amended,

by the navigation laws, or by any other laws administered by Customs,

are transferred to the Commissioner of Customs. Accordingly, the

authority granted to the Secretary of the Treasury to designate user

fee airports and to determine appropriate fees is delegated to the

Commissioner of Customs.

Under this authority, Customs has determined that certain

conditions must be met before an airport can be designated as a user

fee airport. At least one full-time Customs officer must be requested,

and the airport must be responsible for providing Customs with

satisfactory office space, equipment and supplies, at no cost to the

Federal Government.

Nineteen airports are currently listed in Sec. 122.15, Customs

Regulations, as user fee airports designated by the Commissioner. This

document adds eight more airports to the listing of designated user fee

airports. These airports and phone numbers at which they can be

contacted regarding service are as follows:

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Airport Contact

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Daytona Beach Regional Airport, Daytona Beach, Florida... Volusia County Council, (904) 255-8441.

Willow Run Airport, Ypsilanti, Michigan.................. Airport Authority, (312) 482-9660.

Sarasota-Bradenton Airport, Sarasota, Florida............ Airport Authority, (813) 359-5200.

Melbourne Regional Airport, Melbourne, Florida........... Director of Aviation, (407) 723-6227.

Tri-City Regional Airport, Blountville, Tennessee........ Airport Commission, (615) 323-6287.

Addison Airport of Texas, Inc., Dallas, Texas............ President, (214) 248-7733.

Pal-Waukee Municipal Airport, Wheeling, Illinois......... Priester Aviation, (708) 537-1200.

Medford-Jackson County Airport, Medford, Oregon.......... Airport Director, (503) 776-7222.

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Regulatory Flexibility Act and Executive Order 12866

Because no notice of proposed rulemaking is required for this final

rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et

seq.), do not apply. Agency organization matters such as this amendment

are exempt from consideration under Executive Order 12866.

Inapplicability of Public Notice and Delayed Effective Date

Requirements

Because this amendment merely lists those user fee airports

designated by the Commissioner of Customs in accordance with 19 U.S.C.

58b and neither imposes any 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)(2), a delayed effective date

is not required.

Drafting information: The principal author of this document was

Janet L. Johnson, Regulations Branch, Office of Regulations and

Rulings, U. S. Customs Service. However, personnel from other

offices participated in its development.

List of Subjects in 19 CFR Part 122

Air carriers, Aircraft, Airports, Customs Duties and inspection,

Freight.

Amendments to the Regulations

Part 122, Customs Regulations (19 CFR Part 122), is amended as set

forth below:

PART 122--AIR COMMERCE REGULATIONS

1. The authority citation for Part 122, Customs Regulations,

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1459,

1590, 1594, 1623, 1624, 1644; 49 U.S.C. App. 1509.

2. Section 122.15(b) is amended by revising the list of airports to

read as follows:

Sec. 122.15 User fee airports.

* * * * *

(b) List of user fee airports. * * *

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Location Name

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Blountville, Tennessee........... Tri-City Regional Airport.

Casper, Wyoming.................. Natrona County International Airport.

Columbus, Ohio................... Rickenbacker Airport.

Dallas, Texas.................... Addison Airport of Texas, Inc.

Daytona Beach, Florida........... Daytona Beach Regional Airport.

Fargo, North Dakota.............. Hector International Airport.

Fort Myers, Florida.............. Southwest Florida Regional Airport.

Fort Wayne, Indiana.............. Fort Wayne-Allen County Airport.

Fort Worth, Texas................ Alliance Airport.

Klamath Falls, Oregon............ Kingsley Field.

Lebanon, New Hampshire........... Lebanon Municipal Airport.

Lexington, Kentucky.............. Bluegrass Airport.

Medford, Oregon.................. Medford-Jackson County Airport.

Melbourne, Florida............... Melbourne Regional Airport.

Midland, Texas................... Midland International Airport.

Morristown, New Jersey........... Morristown Municipal Airport.

Moses Lake, Washington........... Grant County Airport.

Oakland, Michigan................ Oakland-Pontiac Airport.

Rockford, Illinois............... Greater Rockford Airport.

Sanford, Florida................. Sanford Regional Airport.

Sarasota, Florida................ Sarasota-Bradenton Airport.

St. Paul, Alaska................. St. Paul Airport.

Waukegan, Illinois............... Waukegan Regional Airport.

Wheeling, Illinois............... Pal-Waukee Municipal Airport.

Wilmington, Ohio................. Airbourne Air Park.

Yakima, Washington............... Yakima Air Terminal.

Ypsilanti, Michigan.............. Willow Run Airport.

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Approved: December 13, 1994.

William F. Riley,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 94-32196 Filed 12-29-94; 8:45 am]

BILLING CODE 4820-02-P