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

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122

[T.D. 97-35]

Addition of Midland International Airport to List of Designated

Landing Locations for Private Aircraft

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends 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 amendment is made to improve the effectiveness of

Customs enforcement efforts to combat the smuggling of drugs by air

into the United States, and will also help to 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.

EFFECTIVE DATE: June 6, 1997.

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.

In response to a request from community officials from Midland,

Texas, on December 3, 1996, Customs published a notice of proposed

rulemaking in the Federal Register (61 FR 64041) that solicited

comments concerning a proposal to amend Sec. 122.24(b), Customs

Regulations (19 CFR 122.24(b)), 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.

The public comment period for the proposed amendment closed

February 3, 1997. More than 40 comments were received from individual

residents, local private companies, and local, state, and federal

government officials, all offering overwhelming support for the

proposal. Accordingly, Customs has decided to adopt the proposed

amendment to Part 122 of the Customs Regulations.

The addition of Midland International Airport to the list of

designated landing sites for private aircraft will improve the

effectiveness of Customs drug-

[[Page 24815]]

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 will 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.

Inapplicability of the Regulatory Flexibility Act and Executive Order

12291

This amendment expands the list of designated airports at which

private aircraft may land for Customs processing. Although before a

determination was made to proceed with this final rule a previous

document on this subject provided notice for public comment, this

amendment 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.).

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,

Attorney, 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.

Proposed Amendment to the Regulations

For the reasons stated above, 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 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. 122.24, the listing of airports in 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''.

Approved: March 26, 1997.

George J. Weise,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-11780 Filed 5-6-97; 8:45 am]

BILLING CODE 4820-02-P