83 FR 7608 - Technical Amendment to List of User Fee Airports: Name Changes of Several Airports and the Addition of Five Airports
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection Federal Register Volume 83, Issue 36 (February 22, 2018)
U.S. Customs and Border Protection
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7608-7610 | |
| FR Document | 2018-03581 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Rules and Regulations] [Pages 7608-7610] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03581] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 122 [CBP Dec. 18-01] Technical Amendment to List of User Fee Airports: Name Changes of Several Airports and the Addition of Five Airports AGENCY: U.S. Customs and Border Protection; DHS. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: This document amends U.S. Customs and Border Protection (CBP) regulations by revising the list of user fee airports to reflect the name changes of several airports and the designation of user fee status for five additional airports: South Texas International Airport at Edinburg in Edinburg, Texas; Florida Keys Marathon Airport in Marathon, Florida; Appleton International Airport in Appleton, Wisconsin; South Bend International Airport in South Bend, Indiana; and Conroe-North Houston Regional Airport in Conroe, Texas. 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: February 22, 2018. FOR FURTHER INFORMATION CONTACT: Chris Sullivan, Director, Alternative Funding Program, Office of Field Operations, U.S. Customs and Border Protection at [email protected] 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. 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. 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. In this manner, user fee airports are designated on a case-by-case basis. The list of designated user fee airports is set forth in 19 CFR 122.15(b). Periodically, CBP updates the list to reflect designated airports that have not yet been added to the list and to reflect any changes in the names of the designated user fee airports. 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 the following five airports: South Texas International Airport at Edinburg in Edinburg, Texas; Florida Keys Marathon Airport in Marathon, Florida; Appleton International Airport in Appleton, Wisconsin; South Bend International Airport in South Bend, Indiana; and Conroe-North Houston Regional Airport in Conroe, Texas. During the last several years, the Commissioner of CBP signed MOAs designating each of these five airports as a user fee airport.\2\ --------------------------------------------------------------------------- \2\ The Commissioner of CBP signed an MOA designating Conroe- North Houston Regional Airport on June 14, 2016, an MOA designating South Bend International Airport on July 5, 2016, an MOA designating South Texas International Airport at Edinburg on September 18, 2014, an MOA designating Florida Keys Marathon Airport on April 3, 2015, and an MOA designating Appleton International Airport on October 23, 2015. --------------------------------------------------------------------------- Additionally, this document updates the list of user fee airports to reflect name changes of airports that were previously designated as user fee airports. The name changes are shown in the following chart. The left column contains the former name of each airport as it is currently listed in 19 CFR 122.15(b). The right column contains the updated name of each airport. ------------------------------------------------------------------------ Name Change From: To: ------------------------------------------------------------------------ Melbourne Airport...................... Orlando Melbourne International Airport. Jefferson County Airport............... Rocky Mountain Metropolitan Airport. Leesburg Regional Airport.............. Leesburg International Airport. Manchester Airport..................... Manchester-Boston Regional Airport. [[Page 7609]] Collin County Regional Airport......... McKinney National Airport. Midland International Airport.......... Midland International Air and Space Port. Rogers Municipal Airport............... Rogers Executive Airport-- Carter Field. St. Augustine Airport.................. Northeast Florida Regional Airport. Waukegan Regional Airport.............. Waukegan National Airport. Binghamton Regional Airport............ Greater Binghamton Airport. ------------------------------------------------------------------------ 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 conforming changes by updating the list of user fee airports to add five 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 update the name of several user fee airports. 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. In Sec. 122.15, amend the table in paragraph (b) by: 0 a. Adding an entry for ``Appleton, Wisconsin'' in alphabetical order; 0 b. Revising the entry for ``Broomfield, Colorado''; 0 c. Adding entries for ``Conroe, Texas'' and ``Edinburg, Texas'' in alphabetical order; 0 d. Revising the entries for ``Johnson City, New York'', ``Leesburg, Florida'', and ``Manchester, New Hampshire''; 0 e. Adding an entry for ``Marathon, Florida'' in alphabetical order; 0 f. Revising the entries for ``McKinney, Texas'', ``Melbourne, Florida'', ``Midland, Texas'', and ``Rogers, Arkansas''; 0 g. Adding an entry for ``South Bend, Indiana'' in alphabetical order; and 0 h. Revising the entries for ``St. Augustine, Florida'' and ``Waukegan, Illinois''. The additions and revisions read as follows: Sec. 122.15 User fee airports. * * * * * (b) * * * ------------------------------------------------------------------------ Location Name ------------------------------------------------------------------------ * * * * * * * Appleton, Wisconsin.................... Appleton International Airport. * * * * * * * Broomfield, Colorado................... Rocky Mountain Metropolitan Airport. * * * * * * * Conroe, Texas.......................... Conroe-North Houston Regional Airport. * * * * * * * Edinburg, Texas........................ South Texas International Airport at Edinburg. * * * * * * * Johnson City, New York................. Greater Binghamton Airport. * * * * * * * Leesburg, Florida...................... Leesburg International Airport. * * * * * * * Manchester, New Hampshire.............. Manchester-Boston Regional Airport. Marathon, Florida...................... Florida Keys Marathon Airport. [[Page 7610]] * * * * * * * McKinney, Texas........................ McKinney National Airport. Melbourne, Florida..................... Orlando Melbourne International Airport. * * * * * * * Midland, Texas......................... Midland International Air and Space Port. * * * * * * * Rogers, Arkansas....................... Rogers Executive Airport-- Carter Field. * * * * * * * South Bend, Indiana.................... South Bend International Airport. St. Augustine, Florida................. Northeast Florida Regional Airport. * * * * * * * Waukegan, Illinois..................... Waukegan National Airport. * * * * * * * ------------------------------------------------------------------------ * * * * * Dated: February 15, 2018. Kevin K. McAleenan, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. 2018-03581 Filed 2-21-18; 8:45 am] BILLING CODE 9111-14-P
![7608 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
* * * * * Operations, U.S. Customs and Border be in the amount equal to the expenses
By direction of the Commission. Protection at Christopher.J.Sullivan@ incurred by the Commissioner of CBP in
Donald S. Clark, cbp.dhs.gov or 202–344–3907. providing customs services at such
Secretary. SUPPLEMENTARY INFORMATION: airport, including the salary and
expenses of those employed by the
[FR Doc. 2018–03665 Filed 2–21–18; 8:45 am] Background
Commissioner of CBP to provide the
BILLING CODE 6750–01–C Title 19, part 122 of the Code of customs services. See 19 U.S.C. 58b.
Federal Regulations (19 CFR part 122)
The Commissioner of CBP designates
sets forth regulations relating to the
DEPARTMENT OF HOMELAND airports as user fee airports in
entry and clearance of aircraft in
SECURITY accordance with 19 U.S.C. 58b and
international commerce and the
transportation of persons and cargo by pursuant to 19 CFR 122.15. If the
U.S. Customs and Border Protection aircraft in international commerce. Commissioner decides that the
Generally, a civil aircraft arriving from conditions for designation as a user fee
19 CFR Part 122 a place outside of the United States is airport are satisfied, a Memorandum of
required to land at an airport designated Agreement (MOA) is executed between
[CBP Dec. 18–01]
as an international airport. the Commissioner of CBP and the user
Technical Amendment to List of User Alternatively, the pilot of a civil aircraft fee airport sponsor. In this manner, user
Fee Airports: Name Changes of may request permission to land at a fee airports are designated on a case-by-
Several Airports and the Addition of specific airport and, if landing rights are case basis.
Five Airports granted, the civil aircraft may land at The list of designated user fee airports
AGENCY: U.S. Customs and Border that landing rights airport. is set forth in 19 CFR 122.15(b).
Section 236 of the Trade and Tariff Periodically, CBP updates the list to
Protection; DHS.
Act of 1984 (Pub. L. 98–573, 98 stat. reflect designated airports that have not
ACTION: Final rule; technical 2948, 2994 (1984)), codified at 19 U.S.C. yet been added to the list and to reflect
amendment. 58b, created an option for civil aircraft any changes in the names of the
SUMMARY: This document amends U.S. desiring to land at an airport other than designated user fee airports.
Customs and Border Protection (CBP) an international airport or a landing
rights airport. A civil aircraft arriving Recent Changes Requiring Updates to
regulations by revising the list of user the List of User Fee Airports
fee airports to reflect the name changes from a place outside of the United States
of several airports and the designation may ask for permission to land at an This document updates the list of user
of user fee status for five additional airport designated by the Secretary of
fee airports in 19 CFR 122.15(b) by
airports: South Texas International Homeland Security 1 as a user fee
adding the following five airports: South
Airport at Edinburg in Edinburg, Texas; airport.
Pursuant to 19 U.S.C. 58b, an airport Texas International Airport at Edinburg
Florida Keys Marathon Airport in in Edinburg, Texas; Florida Keys
Marathon, Florida; Appleton may be designated as a user fee airport
if the Commissioner of CBP, as Marathon Airport in Marathon, Florida;
International Airport in Appleton, Appleton International Airport in
delegated by the Secretary of Homeland
Wisconsin; South Bend International Appleton, Wisconsin; South Bend
Security, determines that the volume or
Airport in South Bend, Indiana; and International Airport in South Bend,
value of business at the airport is
Conroe-North Houston Regional Airport Indiana; and Conroe-North Houston
insufficient to justify the availability of
in Conroe, Texas. User fee airports are Regional Airport in Conroe, Texas.
customs services at the airport and the
those airports which, while not During the last several years, the
governor of the state in which the
qualifying for designation as Commissioner of CBP signed MOAs
airport is located approves the
international or landing rights airports, designating each of these five airports as
designation. As the volume or value of
have been approved by the a user fee airport.2
business anticipated at this type of
Commissioner of CBP to receive, for a airport is insufficient to justify its Additionally, this document updates
fee, the services of CBP officers for the designation as an international or the list of user fee airports to reflect
processing of aircraft entering the landing rights airport, the availability of name changes of airports that were
United States, and the passengers and customs services is not paid for out of previously designated as user fee
cargo of those aircraft. appropriations from the general treasury airports. The name changes are shown
DATES: Effective Date: February 22, of the United States. Instead, customs in the following chart. The left column
2018. services are provided on a fully contains the former name of each airport
FOR FURTHER INFORMATION CONTACT: reimbursable basis to be paid for by the as it is currently listed in 19 CFR
Chris Sullivan, Director, Alternative user fee airport. The fees charged must 122.15(b). The right column contains
Funding Program, Office of Field be paid by the user fee airport and must the updated name of each airport.
Name Change From: To:
Melbourne Airport ..................................................................................... Orlando Melbourne International Airport.
Jefferson County Airport ........................................................................... Rocky Mountain Metropolitan Airport.
Leesburg Regional Airport ........................................................................ Leesburg International Airport.
Manchester Airport ................................................................................... Manchester-Boston Regional Airport.
daltland on DSKBBV9HB2PROD with RULES
1 Sections 403(1) and 411 of the Homeland U.S. Customs Service of the Department of the designating South Texas International Airport at
Security Act of 2002 (Pub. L. 107–296, 116 stat. Treasury to the Department of Homeland Security. Edinburg on September 18, 2014, an MOA
2 The Commissioner of CBP signed an MOA
2135, 2178–79 (2002)), codified at 6 U.S.C. 203(1) designating Florida Keys Marathon Airport on April
and 211, transferred certain functions, including the designating Conroe-North Houston Regional Airport 3, 2015, and an MOA designating Appleton
authority to designate user fee facilities, from the on June 14, 2016, an MOA designating South Bend International Airport on October 23, 2015.
International Airport on July 5, 2016, an MOA
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![7610 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
Location Name
* * * * * * *
McKinney, Texas ...................................................................................... McKinney National Airport.
Melbourne, Florida .................................................................................... Orlando Melbourne International Airport.
* * * * * * *
Midland, Texas ......................................................................................... Midland International Air and Space Port.
* * * * * * *
Rogers, Arkansas ..................................................................................... Rogers Executive Airport—Carter Field.
* * * * * * *
South Bend, Indiana ................................................................................. South Bend International Airport.
St. Augustine, Florida ............................................................................... Northeast Florida Regional Airport.
* * * * * * *
Waukegan, Illinois ..................................................................................... Waukegan National Airport.
* * * * * * *
* * * * * Although listed in the index, some strengthened the 8-hour ozone NAAQS
Dated: February 15, 2018. information is not publicly available, from 0.08 to 0.075 ppm. The 0.075 ppm
Kevin K. McAleenan,
e.g., confidential business information standard is referred to as the 2008 ozone
(CBI) or other information whose NAAQS and is more stringent than the
Acting Commissioner, U.S. Customs and
Border Protection.
disclosure is restricted by statute. previous 1997 ozone NAAQS. See 73 FR
Certain other material, such as 16436 (March 27, 2008).2
[FR Doc. 2018–03581 Filed 2–21–18; 8:45 am]
copyrighted material, is not placed on On March 6, 2015, EPA issued a final
BILLING CODE 9111–14–P rule addressing a range of
the internet and will be publicly
available only in hard copy form. nonattainment area SIP requirements for
Publicly available docket materials are the 2008 ozone NAAQS. 80 FR 12264.
ENVIRONMENTAL PROTECTION available through http:// This final rule also revoked the 1997
AGENCY www.regulations.gov, or please contact ozone NAAQS and established anti-
the person identified in the FOR FURTHER backsliding requirements for areas not
40 CFR Part 52 attaining the 1997 ozone NAAQS in 40
INFORMATION CONTACT section for
[EPA–R03–OAR–2017–0382; FRL–9974– additional availability information. CFR 51.1105 that became effective once
66—Region 3] FOR FURTHER INFORMATION CONTACT: Sara
the 1997 ozone NAAQS was revoked.
Calcinore, (215) 814–2043, or by email The anti-backsliding provisions require
Approval and Promulgation of Air at calcinore.sara@epa.gov. states to retain all applicable control
Quality Implementation Plans; Virginia; requirements for the 1997 ozone
Revisions To Implement the SUPPLEMENTARY INFORMATION: NAAQS, while enabling states, where
Revocation of the 1997 Ozone NAAQS I. Background possible, to focus planning efforts on
meeting the more protective 2008 ozone
AGENCY: Environmental Protection Under the CAA, EPA establishes NAAQS. According to EPA’s final rule,
Agency (EPA). NAAQS for criteria pollutants 1 in order the revocation of the 1997 ozone
ACTION: Final rule. to protect human health and the NAAQS was effective as of April 6,
environment. In response to scientific 2015.
SUMMARY: The Environmental Protection evidence linking ozone exposure to On September 9, 2016, Virginia
Agency (EPA) is taking final action to adverse health effects, EPA promulgated amended the Virginia Administrative
approve revisions to the Commonwealth the first ozone NAAQS, the 0.12 part per Code to be consistent with EPA’s March
of Virginia (Virginia) state million (ppm) 1-hour ozone NAAQS, in 6, 2015 final rule. On February 10, 2017,
implementation plan (SIP). The 1979. See 44 FR 8202 (February 8, Virginia, through the Virginia
revisions are related to the 1979). The CAA requires EPA to review Department of Environmental Quality
implementation of the 2008 ozone and reevaluate the NAAQS every 5 (VADEQ), formally submitted a SIP
national ambient air quality standards years in order to consider updated revision (Revision G16) reflecting these
(NAAQS or standards) and the information regarding the effects of the amendments.
revocation of the 1997 ozone NAAQS. criteria pollutants on human health and On August 17, 2017 (82 FR 39097 and
EPA is approving these revisions the environment. On July 18, 1997, EPA 82 FR 39031), EPA simultaneously
updating the Virginia SIP to reflect the promulgated a revised ozone NAAQS, published a notice of proposed
revocation of the 1997 ozone NAAQS in referred to as the 1997 ozone NAAQS, rulemaking (NPR) and a direct final rule
accordance with the requirements of the of 0.08 ppm averaged over eight hours. (DFR) for Virginia approving the SIP
Clean Air Act (CAA). 62 FR 38855. This 8-hour ozone NAAQS revision. EPA received two adverse
DATES: This final rule is effective on was determined to be more protective of comments on the rulemaking and
daltland on DSKBBV9HB2PROD with RULES
March 26, 2018. public health than the previous 1979 1- attempted to withdraw the DFR prior to
ADDRESSES: EPA has established a
hour ozone NAAQS. In 2008, EPA
2 On October 1, 2015, EPA strengthened the
docket for this action under Docket ID 1 The‘‘criteria pollutants’’ include ozone (O3), ground-level ozone NAAQS to 0.070 ppm. See 80
Number EPA–R03–OAR–2017–0382. All particulate matter (PM), sulfur dioxide (SO2), FR 65292 (October 26, 2015). This rulemaking
documents in the docket are listed on nitrogen dioxide (NO2), carbon monoxide (CO), and addresses the 2008 ozone NAAQS and does not
the http://www.regulations.gov website. lead (Pb). address the 2015 ozone NAAQS.
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Document Created: 2018-02-22 02:51:06
Document Modified: 2018-02-22 02:51:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical amendment. | |
| Dates | Effective Date: February 22, 2018. | |
| Contact | Chris Sullivan, Director, Alternative Funding Program, Office of Field Operations, U.S. Customs and Border Protection at [email protected] or 202-344-3907. | |
| FR Citation | 83 FR 7608 | |
| CFR Associated | Air Carriers; Aircraft; Airports; Customs Duties and Inspection and Freight |
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