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

[[Page 25777]]

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

[T.D. 96-44]

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the regulations of both the Customs

Service (Customs) and the Immigration and Naturalization Service (the

Service) pertaining to their respective field organizations. The

document removes Eagle Pass Municipal Airport located in Eagle Pass,

Texas, as an international airport for Customs purposes and as a port

of entry for aliens arriving by vessel or by land transportation for

Service purposes. This document also designates Maverick County Airport

located in Maverick County, Texas, as a new international airport for

Customs purposes and as a port of entry for aliens arriving by vessel,

land transportation, or by aircraft for Service purposes. 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.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

At Customs Service--Priscilla Frink, Passenger Operations Division,

Office of Field Operations, (202) 927-1323;

At Immigration and Naturalization Service--Andrea Sickler, Assistant

Chief Inspector, Office of Inspections, Immigration and Naturalization

Service, 425 I Street, N.W., Room 7228, Washington, D.C. 20536, (202)

616-7993.

SUPPLEMENTARY INFORMATION:

Background

On March 27, 1995, the Customs Service (Customs) and the

Immigration and Naturalization Service (the Service) published a joint

notice of proposed rulemaking in the Federal Register (60 FR 15703)

that solicited comments concerning proposals to amend their respective

regulations regarding their field organizations. Customs proposed

amending Sec. 122.13 of the Customs Regulations (19 CFR 122.13), which

lists international airports, to reflect (1) The revocations of

international airport designations for Ranier International Seaplane

Base located in Ranier, Minnesota, and Eagle Pass Municipal Airport

located in Eagle Pass, Texas, and (2) the designation of Maverick

County Airport located in Maverick County, Texas, as an international

airport. Similarly, the Service proposed amending 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 (1) The removal of the same

two ports of entry (Ranier International Seaplane Base in the Service

District of St. Paul, Minnesota, and Eagle Pass Municipal Airport in

the Service District of San Antonio, Texas), and (2) the designation of

Maverick County Airport as a port of entry for the processing of aliens

arriving by vessel, land transportation, or by aircraft.

At the time of drafting the joint notice of proposed rulemaking it

was believed that the proposed changes to the field organizations of

the two agencies would not result in any significant reduction in

Customs/Immigration services in those areas. Future Minnesota

transactions were to be handled at either Sky Harbor Airport or Crane

Lake Seaplane Base, both landing rights airports. Future Texas

transactions were to be handled at Maverick County Airport, also a

landing rights airport, which was to be designated as an international

airport for Customs purposes and a port of entry for Service purposes.

The public comment period for the proposed amendments closed May 26,

1995.

Discussion of Comments

Ranier

Two comments were received, both protesting the revocation/

withdrawal of the international airport/port of entry designation for

Ranier International Seaplane Base located in Ranier, Minnesota. Both

comments stated that revocation of the Ranier International Seaplane

Base would be inappropriate because the facility was important to the

commercial and private seaplane traffic crossing at the Ontario and

Northern Minnesota borders. Accordingly, after further consideration of

the matter and discovering that the community has taken action to

improve the inspection facilities at the Seaplane Base and to eliminate

unsafe working conditions, Customs and the Service have decided to

withdraw their proposal regarding the revocation/withdrawal of

international airport/port of entry status for Ranier International

Seaplane Base, Minnesota.

Eagle Pass/Maverick

No comments were received regarding the: (1) Revocation/withdrawal

of the international airport/port of entry status for Eagle Pass

Municipal Airport, Texas, and the (2) designation of Maverick County

Airport, Texas, as an international airport/port of entry. Accordingly,

after further consideration of this matter, Customs and the Service

have decided to proceed with the final rule respecting this change in

their field organization. However, it will not be necessary to amend 8

CFR 100.4(c)(3) to remove ``Eagle Pass, TX, Eagle Pass Airport'' as a

port of entry for aliens arriving by aircraft, since this action has

already been accomplished by the Service in a final rule published on

November 14, 1995, at 60 FR 57165.

Conclusion

Accordingly, Customs and the Service are amending their respective

regulations regarding the: (1) Revocation/withdrawal of the

international airport/port of entry status for Eagle Pass Municipal

Airport, Texas, and the (2) designation of Maverick County Airport,

Texas, as an international airport/port of entry. The International

Seaplane Base located in Ranier, Minnesota, will continue to provide

Customs and Immigration services.

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 12606, 12612, and 12866

Although the joint notice of proposed rulemaking published

solicited public comments, because these regulatory amendments relate

to agency management and organization matters, pursuant to the

provisions of 5 U.S.C. 553(a)(2), they are not subject to the notice

and public procedure requirements. Accordingly, this document is not

subject to the provisions of the Regulatory Flexibility Act (5 U.S.C.

601 et seq.).

Pursuant to the provisions of E.O. 12606, the Commissioners of

Customs and the Immigration and Naturalization Service certify that

they have assessed these amendments in light of the criteria

[[Page 25778]]

set forth in that E.O., and determined that this regulation will not

have a significant impact on family formation, maintenance, and general

well-being.

Pursuant to the provisions of E.O. 12612, it is certified that this

regulation has 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.

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

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

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

Accordingly, 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 are amended as follows:

Title 8--Aliens and Nationality

PART 100--STATEMENT OF ORGANIZATION

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

follows:

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

Sec. 100.4 [Amended]

2. In Sec. 100.4, paragraph (c)(2) is amended by:

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

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

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

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

3. In Sec. 100.4, paragraph (c)(3) is amended by 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.

Sec. 122.13 [Amended]

2. In Sec. 122.13, the list of international airports is amended by

removing ``Eagle Pass, Tex.--Eagle Pass Municipal Airport'' and adding,

in appropriate alphabetical order, ``Maverick, Tex.--Maverick County

Airport''.

Approved: May 2, 1996.

George J. Weise,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

April 12, 1996.

Doris Meissner,

Commissioner of Immigration and Naturalization Service.

[FR Doc. 96-12883 Filed 5-22-96; 8:45 am]

BILLING CODE 4820-02-P