Customs/INS Field Organizations; Revocations and Designation of International Airport Status for Customs Services and Ports of Entry for Aliens Arriving by Aircraft

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 100

[INS No. 1677-94]

RIN 1115-AD84

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

RIN 1515-AB64

Customs/INS Field Organizations; Revocations and Designation of

International Airport Status for Customs Services and Ports of Entry

for Aliens Arriving by Aircraft

AGENCIES: Immigration and Naturalization Service, Justice; Customs

Service, Treasury.

ACTION: Joint notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs and Immigration

and Naturalization Service (the Service) Regulations pertaining to

their respective field organizations. Customs proposes to revoke the

international airport designations for the Ranier International

Seaplane Base located in Ranier, Minnesota, and the Eagle Pass

Municipal Airport located in Eagle Pass, Texas. The Service proposes to

remove Ranier, MN, and Eagle Pass, TX, from the port of entry lists for

aliens arriving by vessel, land transportation, or by aircraft. This

proposal is based on evidence that the facilities at these locations

have deteriorated and/or the amount of business clearing through the

airports does not justify continued maintenance of inspection equipment

and personnel. The document also proposes to designate Maverick County

Airport located in Maverick County, Texas, as a new international

airport for Customs purposes and as a new port of entry for purposes of

the Service. These changes will assist both agencies in their

continuing efforts to achieve more efficient use of their personnel,

facilities, and resources, and to provide better service to carriers,

importers, and the general public.

DATES: Comments must be received on or before May 26, 1995.

ADDRESSES: Please submit written comments in triplicate to the

Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service, 1301 Constitution Avenue NW., Washington, DC 20229. Comments

submitted may be inspected at the Regulations Branch, Office of

Regulations and Rulings, Franklin Court, 1099 14th Street NW., Suite

4000, Washington, DC.

FOR FURTHER INFORMATION CONTACT: At Customs Service--Darlene Langum

Wilder, Office of Passenger Enforcement and Facilitation, Office of

Inspection and Control, (202) 927-0530; at Immigration and

Naturalization Service--Andrea Sickler, Assistant Chief Inspector,

Office of Inspections, Immigration and Naturalization Service, 425 I

Street NW., Room 7228, Washington, DC 20536, (202) 616-7993.

SUPPLEMENTARY INFORMATION:

Background

To achieve more efficient use of their personnel, facilities, and

resources, and to provide better services to carriers, importers, and

the public in general, U.S. Customs and the Immigration and

Naturalization Service (the Service) propose to amend their respective

field organization regulations.

Customs proposes to amend Sec. 122.13 of the Customs Regulations

(19 CFR 122.13), which lists international airports, to reflect the

proposed revocations of the international airport designations for (1)

Ranier International Seaplane Base located in Ranier, Minnesota, in the

Customs District of Duluth, Minnesota, North Central Region, and (2)

Eagle Pass Municipal Airport located in Eagle Pass, Texas, in the

Customs District of Laredo, Texas, Southwest Region. Customs further

proposes to amend Sec. 122.13 to reflect the proposed designation of

Maverick County Airport located in Maverick County, Texas, in the

Customs District of Laredo, Texas, Southwest Region, as an

international airport. Revocation of the international airport

designations will not result in any significant reduction in Customs

services in the area, as future Minnesota transactions will be handled

at either Sky Harbor Airport or Crane Lake Seaplane Base, both landing

rights airports, and future Texas transactions will be handled at

Maverick County Airport, also a landing rights airport, which, it is

proposed, will be designated as an international airport.

The Service proposes to amend 8 CFR 100.4(c) (2) and (3), which

pertain to ports of entry for aliens arriving by vessel, land

transportation, or by aircraft, to reflect the removal of the same two

ports of entry: (1) Ranier International Seaplane Base located in

Ranier, Minnesota, in the Service District of St. Paul, Minnesota, and

(2) Eagle Pass Municipal Airport located in Eagle Pass, Texas, in the

Service District [[Page 15704]] of San Antonio, Texas. The Service

further proposes to amend its regulations by adding Maverick County

Airport to the list of ports of entry authorized for the processing of

aliens arriving by vessel, land transportation, or by aircraft.

Withdrawal of the port of entry designations will not result in any

significant reduction in Immigration services in the area, as future

Minnesota transactions will be handled at either Sky Harbor Airport or

Crane Lake Seaplane Base, both landing rights airports, and future

Texas transactions will be handled at Maverick County Airport, also a

landing rights airport, which, it is proposed, will be designated as a

port of entry.

Customs Position

The criteria used by Customs in determining whether to withdraw the

designation of an international airport from a facility previously

designated as such are found at Sec. 122.11(b) of the Customs

Regulations, which provides that the designation can be withdrawn for

any of the following reasons: (1) The amount of business clearing

through the airport does not justify maintenance of inspection

equipment and personnel; (2) proper facilities are not provided or

maintained by the airport; (3) the rules and regulations of the Federal

Government are not followed; or, (4) some other location would be more

useful. In the case of Ranier International Seaplane Base, the

conditions specified at Sec. 122.11(b)(1) and (2) are present. In the

case of Eagle Pass Municipal Airport, the conditions specified at

Sec. 122.11(b)(2) and (4) are present.

Regarding the proposed revocation of the international airport

designation for Ranier International Seaplane Base, this action

originated as a request from the owner of the seaplane base: The

Camping and Education Foundation/Camp Kooch-i-ching. The President/

Director of the Foundation requested that Ranier's designation as an

international airport port of entry be changed so that the facility

would no longer be used as a landing base for seaplanes. With regard to

the above criteria, the President/Director stated that the facility is

used only as a landbase for a boys' camp. The district director at

Duluth has verified that Ranier's designation as an international

airport should be withdrawn because (1) the services offered to

aircraft operators has declined, (2) the number of seaplanes requesting

Customs clearance is minimal--only 67 seaplanes arrived in 1993, and

(3) the facilities have deteriorated and can no longer safely

accommodate aircraft. The Regional Commissioner for the North Central

Region agrees with the request and the district's findings.

Regarding the proposed revocation of the international airport

designation for the Eagle Pass Municipal Airport and designation of

Maverick County Airport as the replacement international airport, this

action originated as a request from the Honorable Enriqueta D.

Carpenter, Maverick County Judge, who advised that the existing airport

is extremely limited and will be closed when the new airport facility

is completed in the next year. Customs believes that the Maverick

facility should be given the same status as the Eagle Pass facility

once the latter is closed. The workload will remain the same and

staffing should not be affected.

An ``international airport'' is defined at Sec. 122.1(e) of the

Customs Regulations (19 CFR 122.1(e)), in part, as any airport

designated by (1) the Secretary of the Treasury or the Commissioner of

Customs as a port of entry for aircraft, (2) the Attorney General as a

port of entry for aliens, and, (3) the Secretary of Health and Human

Services as a place for quarantine inspection. (It is noted that the

term ``port of entry'' in this section applies only for arrival

purposes in the contexts specified and, thus, does not have the same

meaning or legal effect as the broader term ``port of entry'' used for

Customs organizational purposes in part 101.) The new international

airport will be within an already established port of entry--Eagle

Pass, see, T.D. 91-93 (56 FR 57487).

Description of International Airport Limits

The geographical limits of the proposed international airport

called Maverick County Airport would be as follows:

In Maverick County, Texas, approximately 12 miles north of the

corporate limits of the city of Eagle Pass and east of U.S. Highway 277

is a site commonly known as the ``Radar Base'' Airfield that

encompasses a total of 640 acres; this site is designated by a sign

marked ``Eagle Pass Airport,'' which is located at the intersection of

U.S. Highway 277 and an undesignated (no name or number) paved road.

Immigration and Naturalization Services's Position

The criteria used by the Service in determining whether to remove a

facility previously designated as a port of entry for the processing of

aliens arriving by vessel, land transportation, or by aircraft are

found at 8 CFR 100.4(c) (2) and (3), which provide, in part, that the

designation of ports of entry may be withdrawn whenever, in the

judgment of the Commissioner, such action is warranted.

In the case of Ranier International Seaplane Base and Eagle Pass

Municipal Airport, the Commissioner has reviewed information presented

by parties requesting termination of their port of entry designations.

Ranier International Seaplane Base is owned by the Camping and

Education Foundation/Camp Kooch-i-ching. The Foundation's President/

Director stated that the base is used only as a landbase to transport

supplies and people to a boys' camp and requested that the facility no

longer be used as a landing base for seaplanes due to concern for the

safety of camp visitors and personnel.

Eagle Pass Municipal Airport services and is owned by Maverick

County, Texas. The County Judge of Maverick requested that Eagle Pass

Municipal Airport's designation as a port of entry be revoked due to

facility constraints and the fact that it will be closed upon

completion of the new Maverick County Airport. The Commissioner

believes that the withdrawal of the port of entry designations for both

Ranier International Seaplane Base and Eagle Pass Municipal Airport is

warranted, and that the designation of Maverick County Airport as a

Class A port of entry is also warranted.

Concurrence of Other Federal Inspection Service Agencies

Other agencies having a presence at the Ranier and Eagle Pass

facilities (the Department of Health and Human Services and the Animal

and Plant Health Inspection Service of the Department of Agriculture)

have been contacted regarding these matters and support the proposed

actions.

Accordingly, Customs believes that there is sufficient

justification for revoking the international airport designations from

Ranier International Seaplane Base and Eagle Pass Municipal Airport,

and for designating Maverick County Airport as an international

airport; the Service believes it also has sufficient justification for

amending its regulations at 8 CFR part 100 to reflect current airport

listings serving as designated ports of entry.

Proposed Amendments

If the proposed revocations of international airport designations

and designation of international airport are adopted, the Customs list

of international airports at Sec. 122.13 will be amended by removing

Ranier International Seaplane Base and Eagle Pass Municipal Airport and

adding Maverick County Airport, and the [[Page 15705]] Service

regulations at 8 CFR 100.4(c) (2) and (3) will be amended by removing

Ranier, MN, and Eagle Pass, TX, and adding Maverick County Airport.

Comments

Before adopting this proposal as a final rule, consideration will

be given to any written comments timely submitted to Customs. (Customs

will serve as the clearing house for comments received and coordinate a

response with the Service.) Comments submitted will be available for

public inspection in accordance with the Freedom of Information Act (5

U.S.C. 552), Sec. 1.4 of the Treasury Department Regulations (31 CFR

1.4), and Sec. 103.11(b) of the Customs Regulations (19 CFR 103.11(b)),

on regular business days between the hours of 9 a.m. and 4:30 p.m. at

the Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service, Franklin Court, 4th floor, 1099 14th St., NW, Washington, DC.

Authority

This change is proposed under the authority of 5 U.S.C. 301, 8

U.S.C. 1103, and 19 U.S.C. 2, 66, and 1624.

Inapplicability of the Regulatory Flexibility Act and Executive Orders

12866, 12612, and 12606

Customs and the Service routinely establish, expand, and

consolidate ports of entry throughout the United States to accommodate

the volume of Customs- and Service-related activity in various parts of

the country. Although this document is being issued with notice for

public comment, it is not subject to the notice and public procedure

requirements of 5 U.S.C. 553 because it relates to agency management

and organization. Accordingly, this document is not subject to the

provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

This document does not meet the criteria for a ``significant

regulatory action'' as specified in E.O. 12866.

In accordance with the provisions of E.O. 12612, it is certified

that the regulations proposed herein have been assessed in light of the

principles, criteria, and requirements specified in that E.O. and that

they 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, the preparation of a Federalism Assessment is

not warranted.

In accordance with the provisions of E.O. 12606, the Commissioners

of the Customs and the Immigration and Naturalization Services certify

that they have assessed these proposed amendments in light of the

criteria set forth in that E.O., and determined that the regulations

proposed herein will not have a significant impact on family formation,

maintenance, and general well-being.

Drafting Information

The principal author of this document was Gregory R. Vilders,

Attorney, Office of Regulations and Rulings, U.S. Customs Service;

however, personnel from other offices and agencies participated in its

development.

List of Subjects

8 CFR Part 100

Administrative practice and procedure, Organizations and functions

(Government agencies).

19 CFR Part 122

Administrative practice and procedure, Air carriers, Aircraft,

Airports, Air transportation, Baggage, Customs duties and inspection,

Drug traffic control, Imports, Reporting and recordkeeping

requirements.

Amendments to the Regulations

For the reasons stated above, it is proposed to amend Part 100 of

Chapter I of title 8 of the Code of Federal Regulations and Part 122 of

Chapter I of title 19 of the Code of Federal Regulations as set forth

below:

TITLE 8--ALIENS AND NATIONALITY

PART 100--STATEMENT OF ORGANIZATION

1. The general authority citation for part 100 continues to read as

follows:

Authority: 8 U.S.C. 1103; 8 CFR part 2.

2. In Sec. 100.4, it is proposed to amend paragraph (c)(2) by:

a. Removing ``Ranier, MN'' from the Class A listing under District

No. 10--St. Paul, Minnesota;

b. Removing ``Eagle Pass, TX'' from the Class A listing under

District No. 14--San Antonio, Texas; and

c. Adding, in proper alphabetical sequence, ``Maverick, TX'' to the

Class A listing under District No. 14--San Antonio, Texas.

3. In Sec. 100.4, it is proposed to amend paragraph (c)(3) by:

a. Removing ``Ranier, MN, International Seaplane Base'' from the

listing under District No. 10--St. Paul, Minnesota;

b. Removing ``Eagle Pass, TX, Eagle Pass Airport'' from the listing

under District No.14--San Antonio, Texas; and

c. Adding, in proper alphabetical sequence, ``Maverick, TX,

Maverick County Airport'' to the Class A listing under District No.14--

San Antonio, Texas.

TITLE 19--CUSTOMS DUTIES

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, 1433, 1436, 1459,

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

2. In Sec. 122.13, it is proposed to amend the list of

international airports by removing ``Eagle Pass, Tex.--Eagle Pass

Municipal Airport'' and ``Ranier, Minn.--Ranier International Seaplane

Base'' and adding, in appropriate alphabetical order, ``Maverick,

Tex.--Maverick County Airport''.

George J. Weise,

Commissioner of Customs.

Approved: February 23, 1995.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary of the Treasury.

Dated: January 30, 1995.

Doris Meissner,

Commissioner of Immigration and Naturalization Service.

[FR Doc. 95-7502 Filed 3-24-95; 8:45am]

BILLING CODE 4820-02-P