82_FR_55985 82 FR 55760 - Technical Amendment to List of User Fee Airports: Removal of Meadows Field Airport, Bakersfield, CA and the Addition of Griffiss International Airport, Rome, NY; Van Nuys Airport, Van Nuys, CA; Cobb County Airport-McCollum Field, Kennesaw, GA; and Charlotte-Monroe Executive Airport, Monroe, NC

82 FR 55760 - Technical Amendment to List of User Fee Airports: Removal of Meadows Field Airport, Bakersfield, CA and the Addition of Griffiss International Airport, Rome, NY; Van Nuys Airport, Van Nuys, CA; Cobb County Airport-McCollum Field, Kennesaw, GA; and Charlotte-Monroe Executive Airport, Monroe, NC

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 82, Issue 225 (November 24, 2017)

Page Range55760-55761
FR Document2017-25436

This document amends U.S. Customs and Border Protection (CBP) regulations by revising the list of user fee airports to reflect the removal of user fee status for Meadows Field Airport in Bakersfield, California and the designation of user fee status for four additional airports: Griffiss International Airport in Rome, New York; Van Nuys Airport in Van Nuys, California; Cobb County Airport-McCollum Field in Kennesaw, Georgia; and Charlotte-Monroe Executive Airport in Monroe, North Carolina. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.

Federal Register, Volume 82 Issue 225 (Friday, November 24, 2017) 
[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Rules and Regulations]
[Pages 55760-55761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25436]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 17-18]


Technical Amendment to List of User Fee Airports: Removal of 
Meadows Field Airport, Bakersfield, CA and the Addition of Griffiss 
International Airport, Rome, NY; Van Nuys Airport, Van Nuys, CA; Cobb 
County Airport-McCollum Field, Kennesaw, GA; and Charlotte-Monroe 
Executive Airport, Monroe, NC

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations by revising the list of user fee airports to reflect the 
removal of user fee status for Meadows Field Airport in Bakersfield, 
California and the designation of user fee status for four additional 
airports: Griffiss International Airport in Rome, New York; Van Nuys 
Airport in Van Nuys, California; Cobb County Airport-McCollum Field in 
Kennesaw, Georgia; and Charlotte-Monroe Executive Airport in Monroe, 
North Carolina. User fee airports are those airports which, while not 
qualifying for designation as international or landing rights airports, 
have been approved by the Commissioner of CBP to receive, for a fee, 
the services of CBP officers for the processing of aircraft entering 
the United States, and the passengers and cargo of those aircraft.

DATES: Effective Date: November 24, 2017.

FOR FURTHER INFORMATION CONTACT: Chris Sullivan, Director, Alternative 
Funding Program, Office of Field Operations, U.S. Customs and Border 
Protection at Christopher.J.Sullivan@cbp.dhs.gov or 202-344-3907.

SUPPLEMENTARY INFORMATION:

Background

    Title 19, part 122 of the Code of Federal Regulations (19 CFR part 
122) sets forth regulations relating to the entry and clearance of 
aircraft in international commerce and the transportation of persons 
and cargo by aircraft in international commerce. Generally, a civil 
aircraft arriving from a place outside of the United States is required 
to land at an airport designated as an international airport. 
Alternatively, the pilot of a civil aircraft may request permission to 
land at a specific airport and, if landing rights are granted, the 
civil aircraft may land at that landing rights airport.
    Section 236 of the Trade and Tariff Act of 1984 (Pub. L. 98-573, 98 
stat. 2948, 2994 (1984)), codified at 19 U.S.C. 58b, created an option 
for civil aircraft desiring to land at an airport other than an 
international airport or a landing rights airport. A civil aircraft 
arriving from a place outside of the United States may ask for 
permission to land at an airport designated by the Secretary of 
Homeland Security \1\ as a user fee airport.
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    \1\ Sections 403(1) and 411 of the Homeland Security Act of 2002 
(Pub. L. 107-296, 116 stat. 2135, 2178-79 (2002)), codified at 6 
U.S.C. 203(1) and 211, transferred certain functions, including the 
authority to designate user fee facilities, from the U.S. Customs 
Service of the Department of the Treasury to the Department of 
Homeland Security.
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    Pursuant to 19 U.S.C. 58b, an airport may be designated as a user 
fee airport if the Commissioner of CBP, as delegated by the Secretary 
of Homeland Security, determines that the volume or value of business 
at the airport is insufficient to justify the availability of customs 
services at the airport and the governor of the state in which the 
airport is located approves the designation.\2\ As the volume or value 
of business anticipated at this type of airport is insufficient to 
justify its designation as an international or landing rights airport, 
the availability of customs services is not paid for out of 
appropriations from the general treasury of the United States. Instead, 
customs services are provided on a fully reimbursable basis to be paid 
for by the user fee airport. The fees charged must be paid by the user 
fee airport and must be in the amount equal to the expenses incurred by 
the Commissioner of CBP in providing customs services at such airport, 
including the salary and expenses of those employed by the Commissioner 
of CBP to provide the customs services. See 19 U.S.C. 58b.
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    \2\ In addition to airports, 19 U.S.C. 58b also authorizes the 
designation of seaports or other facilities as user fee facilities.
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    The Commissioner of CBP designates airports as user fee airports in 
accordance with 19 U.S.C. 58b and pursuant to 19 CFR 122.15. If the 
Commissioner decides that the conditions for designation as a user fee 
airport are satisfied, a Memorandum of Agreement (MOA) is executed 
between the Commissioner of CBP and the user fee airport sponsor. The 
user fee status designation may be withdrawn if either CBP or the 
airport authority provides 120 days written notice of termination to 
the other party. See 19 CFR 122.15(c)(1). In this manner, user fee 
airports are designated and withdrawn on a case-by-case basis.
    Section 122.15 of CBP's regulations also sets forth the list of 
designated user fee airports. Periodically, CBP updates the list of 
user fee airports at 19 CFR 122.15(b) to reflect those that are 
currently designated by the Commissioner of CBP.

Recent Changes Requiring Updates to the List of User Fee Airports

    This document updates the list of user fee airports in 19 CFR 
122.15(b) by adding Griffiss International Airport in Rome, New York; 
Van Nuys Airport in Van Nuys, California; Cobb County Airport-McCollum 
Field in Kennesaw, Georgia; and Charlotte-Monroe Executive Airport in 
Monroe, North Carolina. The Commissioner of CBP has signed an MOA 
designating each of these four airports as a user fee airport.\3\
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    \3\ The Commissioner of CBP signed an MOA designating Griffiss 
International Airport on March 3, 2015, an MOA designating Van Nuys 
Airport on April, 17, 2015, an MOA designating Cobb County Airport-
McCollum Field on June 8, 2015, and an MOA designating Charlotte-
Monroe Executive Airport on July 28, 2014.
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    Additionally, this document updates the list of user fee airports 
by removing Meadows Field Airport in Bakersfield, California. After an 
initial request by the airport authority of Meadows Field Airport to 
withdraw its user fee status, the airport authority and CBP agreed to 
terminate their MOA and the user fee status of Meadows Field Airport. 
On November 23, 2016, the Commissioner

[[Page 55761]]

of CBP provided written notice to the airport authority of Meadows 
Field Airport that the user fee status of Meadows Field Airport was 
terminated.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
is exempted from the prior public notice and comment procedures if it 
finds, for good cause, that they are impracticable, unnecessary, or 
contrary to the public interest. This final rule makes a conforming 
change by updating the list of user fee airports to add four airports 
that have already been designated by the Commissioner of CBP in 
accordance with 19 U.S.C. 58b as user fee airports and to remove one 
airport from the list, the designation of which has already been 
withdrawn by the Commissioner of CBP. Because this conforming rule has 
no substantive impact, is technical in nature, and does not impose 
additional burdens on or take away any existing rights or privileges 
from the public, CBP finds for good cause that the prior public notice 
and comments procedures are impracticable, unnecessary, and contrary to 
the public interest. For the same reasons, pursuant to 5 U.S.C. 
553(d)(3), a delayed effective date is not required.

Regulatory Flexibility Act and Executive Orders 12866 and 13771

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. This amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866. Additionally, because this amendment is not a significant 
regulatory action it is not subject to the requirements of Executive 
Order 13771.

Paperwork Reduction Act

    There is no new collection of information required in this 
document; therefore, the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507) are inapplicable.

Signing Authority

    This document is limited to a technical correction of CBP 
regulations. Accordingly, it is being signed under the authority of 19 
CFR 0.1(b).

List of Subjects in 19 CFR Part 122

    Air carriers, Aircraft, Airports, Customs duties and inspection, 
Freight.

Amendments to Regulations

    Part 122, of title 19 of the Code of Federal Regulations (19 CFR 
part 122) is amended as set forth below:

PART 122--AIR COMMERCE REGULATIONS

0
1. The general authority citation for part 122 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *

0
2. Section 122.15(b) is amended by removing the entry for 
``Bakersfield, California'' and adding entries in alphabetical order 
for ``Kennesaw, Georgia,'' ``Monroe, North Carolina,'' ``Rome, New 
York,'' and ``Van Nuys, California'' to read as follows:


Sec.  122.15  User fee airports.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                 Location                               Name
------------------------------------------------------------------------
 
                                * * * * *
Kennesaw, Georgia.........................  Cobb County Airport-McCollum
                                             Field.
 
                                * * * * *
Monroe, North Carolina....................  Charlotte-Monroe Executive
                                             Airport.
 
                                * * * * *
Rome, New York............................  Griffiss International
                                             Airport.
 
                                * * * * *
Van Nuys, California......................  Van Nuys Airport.
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

    Dated: November 20, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2017-25436 Filed 11-22-17; 8:45 am]
 BILLING CODE 9111-14-P

55760 Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Rules and Regulations (3) For service information identified in Commissioner of CBP to receive, for a customs services is not paid for out of this AD, contact Boeing Commercial fee, the services of CBP officers for the appropriations from the general treasury Airplanes, Attention: Contractual & Data processing of aircraft entering the of the United States. Instead, customs Services (C&DS), 2600 Westminster Blvd., United States, and the passengers and services are provided on a fully MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; Internet https:// cargo of those aircraft. reimbursable basis to be paid for by the www.myboeingfleet.com. DATES: Effective Date: November 24, user fee airport. The fees charged must (4) You may view this service information 2017. be paid by the user fee airport and must at the FAA, Transport Standards Branch, be in the amount equal to the expenses FOR FURTHER INFORMATION CONTACT: 1601 Lind Avenue SW., Renton, WA. For incurred by the Commissioner of CBP in Chris Sullivan, Director, Alternative information on the availability of this providing customs services at such material at the FAA, call 425–227–1221. Funding Program, Office of Field airport, including the salary and (5) You may view this service information Operations, U.S. Customs and Border expenses of those employed by the that is incorporated by reference at the Protection at Christopher.J.Sullivan@ Commissioner of CBP to provide the National Archives and Records cbp.dhs.gov or 202–344–3907. customs services. See 19 U.S.C. 58b. Administration (NARA). For information on SUPPLEMENTARY INFORMATION: The Commissioner of CBP designates the availability of this material at NARA, call 202–741–6030, or go to: http:// Background airports as user fee airports in www.archives.gov/federal-register/cfr/ibr- accordance with 19 U.S.C. 58b and Title 19, part 122 of the Code of locations.html. Federal Regulations (19 CFR part 122) pursuant to 19 CFR 122.15. If the sets forth regulations relating to the Commissioner decides that the Issued in Renton, Washington, on October 19, 2017. entry and clearance of aircraft in conditions for designation as a user fee international commerce and the airport are satisfied, a Memorandum of Jeffrey E. Duven, transportation of persons and cargo by Agreement (MOA) is executed between Director, System Oversight Division, Aircraft aircraft in international commerce. the Commissioner of CBP and the user Certification Service. Generally, a civil aircraft arriving from fee airport sponsor. The user fee status [FR Doc. 2017–23998 Filed 11–22–17; 8:45 am] a place outside of the United States is designation may be withdrawn if either BILLING CODE 4910–13–P required to land at an airport designated CBP or the airport authority provides as an international airport. 120 days written notice of termination Alternatively, the pilot of a civil aircraft to the other party. See 19 CFR DEPARTMENT OF HOMELAND 122.15(c)(1). In this manner, user fee may request permission to land at a SECURITY airports are designated and withdrawn specific airport and, if landing rights are granted, the civil aircraft may land at on a case-by-case basis. U.S. Customs and Border Protection Section 122.15 of CBP’s regulations that landing rights airport. Section 236 of the Trade and Tariff also sets forth the list of designated user 19 CFR Part 122 fee airports. Periodically, CBP updates Act of 1984 (Pub. L. 98–573, 98 stat. [CBP Dec. 17–18] 2948, 2994 (1984)), codified at 19 U.S.C. the list of user fee airports at 19 CFR 58b, created an option for civil aircraft 122.15(b) to reflect those that are Technical Amendment to List of User desiring to land at an airport other than currently designated by the Fee Airports: Removal of Meadows an international airport or a landing Commissioner of CBP. Field Airport, Bakersfield, CA and the rights airport. A civil aircraft arriving Recent Changes Requiring Updates to Addition of Griffiss International from a place outside of the United States the List of User Fee Airports Airport, Rome, NY; Van Nuys Airport, may ask for permission to land at an Van Nuys, CA; Cobb County Airport- This document updates the list of user airport designated by the Secretary of McCollum Field, Kennesaw, GA; and fee airports in 19 CFR 122.15(b) by Homeland Security 1 as a user fee Charlotte-Monroe Executive Airport, adding Griffiss International Airport in airport. Monroe, NC Pursuant to 19 U.S.C. 58b, an airport Rome, New York; Van Nuys Airport in may be designated as a user fee airport Van Nuys, California; Cobb County AGENCY: U.S. Customs and Border Airport-McCollum Field in Kennesaw, Protection, DHS. if the Commissioner of CBP, as delegated by the Secretary of Homeland Georgia; and Charlotte-Monroe ACTION: Final rule; technical Executive Airport in Monroe, North Security, determines that the volume or amendment. Carolina. The Commissioner of CBP has value of business at the airport is insufficient to justify the availability of signed an MOA designating each of SUMMARY: This document amends U.S. these four airports as a user fee airport.3 Customs and Border Protection (CBP) customs services at the airport and the Additionally, this document updates regulations by revising the list of user governor of the state in which the the list of user fee airports by removing fee airports to reflect the removal of user airport is located approves the Meadows Field Airport in Bakersfield, fee status for Meadows Field Airport in designation.2 As the volume or value of California. After an initial request by the Bakersfield, California and the business anticipated at this type of airport authority of Meadows Field designation of user fee status for four airport is insufficient to justify its Airport to withdraw its user fee status, additional airports: Griffiss International designation as an international or the airport authority and CBP agreed to Airport in Rome, New York; Van Nuys landing rights airport, the availability of terminate their MOA and the user fee Airport in Van Nuys, California; Cobb status of Meadows Field Airport. On 1 Sections 403(1) and 411 of the Homeland County Airport-McCollum Field in November 23, 2016, the Commissioner sradovich on DSK3GMQ082PROD with RULES Security Act of 2002 (Pub. L. 107–296, 116 stat. Kennesaw, Georgia; and Charlotte- 2135, 2178–79 (2002)), codified at 6 U.S.C. 203(1) Monroe Executive Airport in Monroe, and 211, transferred certain functions, including the 3 The Commissioner of CBP signed an MOA North Carolina. User fee airports are authority to designate user fee facilities, from the designating Griffiss International Airport on March those airports which, while not U.S. Customs Service of the Department of the 3, 2015, an MOA designating Van Nuys Airport on Treasury to the Department of Homeland Security. April, 17, 2015, an MOA designating Cobb County qualifying for designation as 2 In addition to airports, 19 U.S.C. 58b also Airport-McCollum Field on June 8, 2015, and an international or landing rights airports, authorizes the designation of seaports or other MOA designating Charlotte-Monroe Executive have been approved by the facilities as user fee facilities. Airport on July 28, 2014. VerDate Sep<11>2014 16:12 Nov 22, 2017 Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1

Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Rules and Regulations 55761 of CBP provided written notice to the Amendments to Regulations ACTION: Final rule; delay of compliance airport authority of Meadows Field Part 122, of title 19 of the Code of date. Airport that the user fee status of Federal Regulations (19 CFR part 122) is Meadows Field Airport was terminated. SUMMARY: This action delays until amended as set forth below: December 15, 2017, the initial Inapplicability of Public Notice and PART 122—AIR COMMERCE submission deadline for calendar year Delayed Effective Date Requirements REGULATIONS 2016 data on Form 300A under the rule entitled Improve Tracking of Workplace Under the Administrative Procedure ■ 1. The general authority citation for Injuries and Illnesses. The original Act (5 U.S.C. 553(b)), an agency is part 122 continues to read as follows: electronic submission deadline was July exempted from the prior public notice 1, 2017. This delay will allow affected Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, and comment procedures if it finds, for 1431, 1433, 1436, 1448, 1459, 1590, 1594, entities sufficient time to familiarize good cause, that they are impracticable, 1623, 1624, 1644, 1644a, 2071 note. themselves with the electronic reporting unnecessary, or contrary to the public * * * * * system, which was not made available interest. This final rule makes a until August 1, 2017. ■ 2. Section 122.15(b) is amended by conforming change by updating the list removing the entry for ‘‘Bakersfield, DATES: This regulation is effective on of user fee airports to add four airports California’’ and adding entries in November 24, 2017. The submission that have already been designated by the alphabetical order for ‘‘Kennesaw, deadline for completed 2016 Form 300A Commissioner of CBP in accordance Georgia,’’ ‘‘Monroe, North Carolina,’’ data is delayed to December 15, 2017. with 19 U.S.C. 58b as user fee airports ‘‘Rome, New York,’’ and ‘‘Van Nuys, FOR FURTHER INFORMATION CONTACT: and to remove one airport from the list, California’’ to read as follows: For press inquiries: Frank Meilinger, the designation of which has already Director, Office of Communications, been withdrawn by the Commissioner of § 122.15 User fee airports. Room N–3647, OSHA, U.S. Department CBP. Because this conforming rule has * * * * * of Labor, 200 Constitution Avenue NW., no substantive impact, is technical in (b) * * * Washington, DC 20210; telephone (202) nature, and does not impose additional 693–1999; email meilinger.francis2@ Location Name dol.gov. burdens on or take away any existing rights or privileges from the public, CBP For general and technical finds for good cause that the prior * * * * * information: Miriam Schoenbaum, public notice and comments procedures Kennesaw, Georgia .. Cobb County Airport- OSHA, Office of Statistical Analysis, are impracticable, unnecessary, and McCollum Field. Room N–3507, U.S. Department of contrary to the public interest. For the Labor, 200 Constitution Avenue NW., * * * * * Washington, DC 20210; telephone (202) same reasons, pursuant to 5 U.S.C. Monroe, North Caro- Charlotte-Monroe Ex- 553(d)(3), a delayed effective date is not 693–1841; email: schoenbaum.miriam@ lina. ecutive Airport. required. dol.gov. * * * * * SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act and Rome, New York ....... Griffiss International Executive Orders 12866 and 13771 Airport. I. Background On May 12, 2016, the Occupational Because no notice of proposed * * * * * Safety and Health Administration rulemaking is required, the provisions Van Nuys, California Van Nuys Airport. (OSHA) published a final rule (81 FR of the Regulatory Flexibility Act (5 29624) with an effective date of January U.S.C. 601 et seq.) do not apply. This * * * * * 1, 2017, for the final rule’s electronic amendment does not meet the criteria reporting requirements. Under these for a ‘‘significant regulatory action’’ as * * * * * requirements, certain employers were specified in Executive Order 12866. Dated: November 20, 2017. required to electronically submit 2016 Additionally, because this amendment Kevin K. McAleenan, Form 300A data to OSHA by July 1, is not a significant regulatory action it Acting Commissioner, U.S. Customs and 2017. is not subject to the requirements of Border Protection. On June 28, 2017, the Department Executive Order 13771. [FR Doc. 2017–25436 Filed 11–22–17; 8:45 am] proposed to delay the initial deadline Paperwork Reduction Act BILLING CODE 9111–14–P for electronic submission of 2016 Form 300A data from July 1, 2017, to There is no new collection of December 1, 2017, to provide the new information required in this document; DEPARTMENT OF LABOR administration the opportunity to therefore, the provisions of the review the new electronic reporting Occupational Safety and Health requirements prior to their Paperwork Reduction Act of 1995 (44 Administration implementation and allow affected U.S.C. 3507) are inapplicable. entities sufficient time to familiarize Signing Authority 29 CFR Part 1904 themselves with the electronic reporting [Docket No. OSHA–2013–0023] system, which was not made available This document is limited to a until August 1, 2017 (82 FR 29261). sradovich on DSK3GMQ082PROD with RULES technical correction of CBP regulations. RIN 1218–AD16 On August 14, 2017, the Occupational Accordingly, it is being signed under Safety and Health Administration the authority of 19 CFR 0.1(b). Improve Tracking of Workplace Injuries and Illnesses: Delay of (OSHA) received an alert from the List of Subjects in 19 CFR Part 122 Compliance Date United States Computer Emergency Readiness Team (US–CERT) in the Air carriers, Aircraft, Airports, AGENCY:Occupational Safety and Health Department of Homeland Security that Customs duties and inspection, Freight. Administration, Department of Labor. indicated a potential compromise of VerDate Sep<11>2014 16:12 Nov 22, 2017 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1


Document Created: 2017-11-22 23:33:42
Document Modified: 2017-11-22 23:33:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendment.
DatesEffective Date: November 24, 2017.
ContactChris Sullivan, Director, Alternative Funding Program, Office of Field Operations, U.S. Customs and Border Protection at [email protected] or 202-344-3907.
FR Citation82 FR 55760 
CFR AssociatedAir Carriers; Aircraft; Airports; Customs Duties and Inspection and Freight
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