Customs Service Field Organization; Establishment of Sanford Port of Entry

DEPARTMENT OF THE TREASURY

Customs Service

[T.D. 97-88]

19 CFR Parts 101 and 122

Customs Service Field Organization; Establishment of Sanford Port

of Entry

AGENCY: Customs Service, Treasury.

ACTION: Interim rule; solicitation of comments.

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SUMMARY: This document delays the effective date for implementation of

a final rule document published in the Federal Register July 11, 1997,

as T.D. 97-64, which would establish a new port of entry at Orlando-

Sanford Airport in Sanford, Florida effective November 10, 1997. Since

publication of the final rule document, the Airport Operator has

brought to Customs attention that the date chosen by Customs

significantly impairs its agreements with air carriers that were signed

prior to Customs announcement of its decision. In addition, the Airport

Operator claims that cargo and warehousing space currently available at

the airport must be expanded to accommodate projected needs. Because of

these factors, Customs is delaying the effective date to May 1, 1998

for the port of entry designation. The user-fee status of the airport

will continue until the new effective date.

DATES: Effective date of November 10, 1997, of the amendments of

Secs. 101.3(b)(1) and 122.15(b), Customs Regulations, published in the

Federal Register (62 FR 37131) on July 11, 1997, is delayed until May

1, 1998. Comments must be received on or before December 8, 1997.

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

to the U.S. Customs Service, Office of Regulations and Rulings--ATTN:

Regulations Branch, The Ronald Reagan Building, 1300 Pennsylvania

Avenue, NW., Washington, D.C. 20229. Comments submitted may be

inspected at the Regulations Branch, Office of Regulations and Rulings,

The Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Suite 3000,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Harry Denning, Office of Field

Operations, Resource Management Division (202) 927-0196.

SUPPLEMENTARY INFORMATION:

Background

On July 11, 1997, Customs published in the Federal Register (62 FR

37131) T.D. 97-64 which amended Sec. 101.3(b), Customs Regulations (19

CFR 101.3), to establish a new port of entry at Orlando-Sanford Airport

in Sanford, Florida, and Sec. 122.15(b), Customs Regulations (19 CFR

122.15(b)), to remove the Sanford Regional Airport from the list of

user-fee airports.

That action was taken by Customs based on analysis of a report

prepared for the Central Florida Regional Airport Board that manages

the airport at Sanford. The report showed that the Sanford Regional

Airport was becoming the fastest growing airport for international

passenger clearance services in Florida. In response to this growth,

the report indicated that the Airport Board had decided to make

substantial and long term investment in new international arrival

facilities to serve this growing Central Florida market. Applying the

criteria used by Customs since 1973 for the establishment of ports of

entry (see Treasury Decision (T.D.) 82-37 (47 FR 10137), as revised by

T.D. 86-14 (51 FR 4559) and T.D. 87-65 (52 FR 16328)), to the figures

projected by the Central Florida Regional Airport Board, Customs

believed that sufficient justification existed for redesignating the

airport facility from its user-fee status to that of a port of entry.

Customs announced this decision on July 11, 1997, and designated

November 10, 1997 as the effective date.

Since publication of the final rule document, it has come to

Customs attention that agreements currently in force between the

Orlando-Sanford Airport and the air carriers it serves effectively

requires the Airport to absorb additional Customs fees through the end

of April 1998. Moreover, the facilities for cargo processing and

warehousing at Orlando-Sanford Airport need to be expanded and that

construction will not be completed until late Spring of 1998.

Delayed Effective Date

For the reasons set forth in the above discussion, Customs has

determined that the effective date for the establishment of the new

port of entry at Sanford, Florida shall be delayed for approximately 6

months--until May 1, 1998--to afford the airport facility time to

complete projected facilities. Until that time, the airport may

continue to operate as a user-fee facility.

Public Comment Requirements

Customs establishes, expands, and consolidates Customs ports of

entry throughout the United States to accommodate the volume of

Customs-related activity in various parts of the country. Because the

establishment, expansion or consolidation of a port of entry relates to

agency management and organization, a regulatory change involving such

an action is not subject to the notice and public procedure

requirements of the Administrative Procedure Act (APA) (5 U.S.C. 553).

In addition, pursuant to 5 U.S.C. 553(b)(B), Customs finds for good

cause in this instance that notice and public procedure are

impracticable, unnecessary and contrary to public interest. It would be

impracticable for Customs to issue a proposal in this instance as the

rulemaking process could not be completed timely.

If a proposal were to be issued, it would be unlikely that a final

decision could be published before November 10, causing possible

unforeseen consequences for the airport operator and other members of

the public. Also the temporary postponement of the effective date of a

rule is a technical change for which it is unnecessary to provide

notice and comment. The substantive decision to create a port of entry

at Sanford has already been made; the only question is when that port

of entry will open.

Notwithstanding the above, Customs generally provides the public

with an opportunity to comment on the establishment of ports of entry.

Even though notice and public comment are not required in this instance

pursuant to 5 U.S.C. 553(a)(2) because this is a matter relating to

agency management, and pursuant to 5 U.S.C. 553(b)(B) for good cause,

Customs is requesting the public to submit comments regarding the

delayed effective date. If comments submitted within the next 30 days

demonstrate that there exist sufficient grounds for not delaying the

effective date of the establishment of a port of entry in Sanford until

May 1, 1998, Customs will issue another document.

Comments submitted will be available for public inspection in

accordance with

[[Page 60165]]

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, Suite 3000, The Ronald

Reagan Building, 1300 Pennsylvania Avenue, N.W., Washington, D.C.

Amendments to the Regulations

For the reasons stated above, the effective date of final rule

document FR Doc. 97-18206, published in the Federal Register on July

11, 1997 is delayed until May 1, 1998.

The Regulatory Flexibility Act, and Executive Order 12866

Because this document is not subject to the notice and public

procedure requirements of 5 U.S.C. 553, this document is not subject to

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

seq.). This amendment does not meet the criteria for a ``significant

regulatory action'' as specified in Executive Order 12866.

Approved: October 9, 1997.

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-29599 Filed 11-5-97; 2:01 pm]

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