Addition of Midland International Airport to List of Designated Landing Locations for Private Aircraft

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

Addition of Midland International Airport to List of Designated

Landing Locations for Private Aircraft

AGENCY: Customs Service, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations by

adding the user-fee airport at Midland, Texas (Midland International

Airport) to the list of designated airports at which private aircraft

arriving in the Continental U.S. via the U.S./Mexican border, the

Pacific Coast, the Gulf of Mexico, or the Atlantic Coast from certain

locations in the southern portion of the Western Hemisphere must land

for Customs processing. This proposed amendment is made to improve the

effectiveness of Customs enforcement efforts to combat the smuggling of

drugs by air into the United States. This proposed amendment, if

adopted, would also improve service to the community, by relieving

congestion at Presidio-Lely International, Del Rio International, and

Eagle Pass Municipal Airports, which are also located in Texas.

DATES: Comments must be received on or before February 3, 1997.

ADDRESSES: Written comments (preferably in triplicate) may be addressed

to U.S. Customs Service, Office of Regulations and Rulings, Regulations

Branch, Franklin Court, 1301 Constitution Avenue, NW., Washington, D.C.

20229. Comments submitted may be inspected at the Regulations Branch,

Office of Regulations and Rulings, located at Franklin Court, 1099 14th

St., NW, Suite 4000, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gay Laxton, Passenger Operations

Division, Office of Field Operations, (202) 927-5709.

SUPPLEMENTARY INFORMATION:

Background

As part of Customs efforts to combat drug-smuggling efforts,

Customs air commerce regulations were amended in 1975 to impose special

reporting requirements and control procedures on private aircraft

arriving in the Continental United States from certain areas south of

the United States. T.D. 75-201. Thus, since 1975, commanders of such

aircraft have been required to furnish Customs with timely notice of

their intended arrival, and certain private aircraft have been required

to land at certain airports designated by Customs for processing. In

the last twenty years the list of designated airports for private

aircraft has changed and the reporting requirements and control

procedures--now contained in Subpart C of Part 122 of the Customs

Regulations (19 CFR Subpart C, Part 122)--have been amended, as

necessary.

Specifically, Sec. 122.23 (19 CFR 122.23) provides that subject

aircraft arriving in the Continental U.S. must furnish a notice of

intended arrival to the designated airport located nearest the point of

crossing. Section 122.24(b) provides that, unless exempt, such aircraft

must land at the designated airport for Customs processing and

delineates the airports designated for private aircraft reporting and

processing purposes. There are currently 30 designated airports listed

at Sec. 122.24(b).

Community officials from Midland, Texas, have written Customs

requesting that the user-fee airport there (Midland International

Airport) be added to Customs list of airports designated for private

aircraft reporting and processing. The request is based both on

considerations of the strategic location of the airport--between the

communities of El Paso and Laredo, Texas--and because the airport has

become a modern, well-equipped airport that can accommodate corporate

aircraft.

Customs has determined that the addition of Midland International

Airport to the list of designated landing sites for private aircraft

will improve the effectiveness of Customs drug-enforcement programs

relative to private aircraft arrivals, as Midland is adjacent to the

Southwest Border of the U.S. and is on a regularly traveled flight

path. Further, the designation would enhance the efficiency of the

Customs Service, as the airport is close to the normal work location

for inspectional personnel assigned to the Del Rio-Eagle Pass-El Paso-

Laredo-Presidio Ports-area. In this regard, it is pointed out that the

private aircraft processing services Customs provides at the Presidio,

Del Rio, and Eagle Pass Airports will continue; designating Midland

International Airport is meant to provide an alternative airport to

these other airports in order to relieve air traffic congestion at

those locations.

Although notice of this proposed designation is not required to be

published in the Federal Register, comments are solicited from

interested parties concerning whether or not the Midland International

Airport should be designated as an airport for the landing of private

aircraft.

Comments

Before adopting this proposal as a final rule, consideration will

be given to any written comments timely submitted to Customs. 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, 1099 14th St., NW, 4th

floor, Washington, DC.

Inapplicability of the Regulatory Flexibility Act and Executive

Order 12291

This proposed amendment seeks to expand the list of designated

airports at which private aircraft may land for Customs processing.

Although this document is being issued with notice for public comment,

because it relates to agency management and organization, it is not

subject to the notice and public procedure requirements of 5 U.S.C.

553. Accordingly, this document is not subject to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Agency organization

matters such as this document are exempt from consideration under E.O.

12866.

Drafting Information

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

Regulations Branch.

List of Subjects in 19 CFR Part 122

Air carriers, Air transportation, Aircraft, Airports, Customs

duties and inspection, Drug traffic control, Organization and functions

(Government agencies), Reporting and recordkeeping requirements,

Security measures.

[[Page 64042]]

Proposed Amendment to the Regulations

For the reasons stated above, it is proposed to amend part 122,

Customs Regulations (19 CFR part 122), 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, 1433, 1436, 1459,

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

Sec. 122.24 [Amended]

2. In Sec. 122.24, paragraph (b) is amended by adding, in

appropriate alphabetical order, ``Midland, TX'' in the column headed

``Location'' and, on the same line, ``Midland International Airport.''

in the column headed ``Name''.

Samuel H. Banks,

Acting Commissioner of Customs.

Approved: November 8, 1996.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 96-30722 Filed 12-2-96; 8:45 am]

BILLING CODE 4820-02-P