Technical Amendment to List of User Fee Airports: Addition of St. Augustine Airport, St. Augustine, FL, 7646-7647 [E9-3540]

Download as PDF 7646 Federal Register / Vol. 74, No. 32 / Thursday, February 19, 2009 / Rules and Regulations October 31, 2008, is amended as follows: Paragraph 5000 Class D Airspace. * * * * * ACE MO D Branson, MO [New] Branson Airport, MO (Lat. 36°31′55″ N., long. 93°12′02″ W.) That airspace extending upward from the surface to and including 3,800 feet MSL within a 4.1-mile radius of Branson Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. * * * * * Anthony D. Roetzel, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. E9–2990 Filed 2–18–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0001; Airspace Docket No. 09–ASW–2] Revocation of Class E Airspace; Altus AFB, OK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action removes the Class E airspace area designated as an extension to a Class D surface area at Altus AFB, OK. This airspace has been incorporated into the Altus AFB Class D airspace area under separate rulemaking actions. DATES: Effective Date: 0901 UTC, February 19, 2009. The Director of the Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Ft. Worth, TX 76193–0530; telephone (817) 321– 7716. SUPPLEMENTARY INFORMATION: yshivers on PROD1PC62 with RULES History On August 6, 2008, the FAA published in the Federal Register a direct final rule to amend Class D and Class E airspace at Altus AFB, OK (73 FR 45605, Docket No. FAA–2008–0339). VerDate Nov<24>2008 14:28 Feb 18, 2009 Jkt 217001 This amendment extended the Class D airspace, removing the need for Class E extensions to the Class D airspace area. This airspace has been incorporated into the Altus AFB, OK, Class D airspace area under a separate rulemaking action, which was published on September 29, 2008 and became effective November 20, 2008 (73 FR 56473). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6004 of FAA Order 7400.9S signed October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR Part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by revoking Class E airspace at Altus AFB, OK. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it revokes controlled airspace at Altus AFB, OK. Since this airspace area has been incorporated into Class D airspace, and PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 in consideration of the need to avoid confusion on the part of pilots flying in the vicinity of Altus AFB, the FAA finds good cause, pursuant to 5 U.S.C. 553(d), for making this amendment effective in less than 30 days in order to promote the safe and efficient handling of air traffic in the area. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: ■ PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, and effective October 31, 2008, is amended as follows: ■ Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area. * * * * * ASW K E4 Altus, OK [Removed] * * * * * Issued in Fort Worth, TX, on February 2, 2009. Anthony D. Roetzel, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. E9–2987 Filed 2–18–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection 19 CFR Part 122 [CBP Dec. 09–04] Technical Amendment to List of User Fee Airports: Addition of St. Augustine Airport, St. Augustine, FL AGENCY: Customs and Border Protection, Department of Homeland Security. E:\FR\FM\19FER1.SGM 19FER1 Federal Register / Vol. 74, No. 32 / Thursday, February 19, 2009 / Rules and Regulations ACTION: Final rule; technical amendment. SUMMARY: This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the recent user fee airport designation for St. Augustine Airport in St. Augustine, Florida. 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 19, 2009. FOR FURTHER INFORMATION CONTACT: Susan Mitchell, Office of Field Operations, 202–344–1850. SUPPLEMENTARY INFORMATION: yshivers on PROD1PC62 with RULES Background Title 19, Code of Federal Regulations (CFR), sets forth at Part 122 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 Public Law 98–573 (the Trade and Tariff Act of 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. 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 of business 1 Sections 403(1) and 411 of the Homeland Security Act of 2002 (‘‘the Act,’’ Pub. L. 107–296) transferred the United States Customs Service and its functions from the Department of the Treasury to the Department of Homeland Security; pursuant to section 1502 of the Act, the President renamed the ‘‘Customs Service’’ as the ‘‘Bureau of Customs and Border Protection.’’ Effective on March 31, 2007, DHS changed the name of ‘‘Bureau of Customs and Border Protection’’ to ‘‘U.S. Customs and Border Protection (CBP)’’ (See 72 FR 20131, April 23, 2007). VerDate Nov<24>2008 14:28 Feb 18, 2009 Jkt 217001 at the airport is insufficient to justify customs services at the airport and the governor of the state in which the airport is located approves the designation. Generally, the type of airport that would seek designation as a user fee airport would be one at which a company, such as an air courier service, has a specialized interest in regularly landing. As the volume 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 on behalf of the recipients of the services. The fees which are to be charged at user fee airports, according to the statute, shall be paid by each person using the customs services at the airport and shall be in the amount equal to the expenses incurred by the Commissioner of CBP in providing customs services which are rendered to such person at such airport, including the salary and expenses of those employed by the Commissioner of CBP to provide the customs services. To implement this provision, generally, the airport seeking the designation as a user fee airport or that airport’s authority agrees to pay a flat fee for which the users of the airport are to reimburse the airport/airport authority. The airport/airport authority agrees to set and periodically review the charges to ensure that they are in accord with the airport’s expenses. The Commissioner of CBP designates airports as user fee airports pursuant to 19 U.S.C. 58b. See 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 local responsible official signing on behalf of the state, city or municipality in which the airport is located. In this manner, user fee airports are designated on a case-by-case basis. Section 19 CFR 122.15 sets forth the grounds for withdrawal of a user fee designation and 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 have been currently designated by the Commissioner. This document updates that list of user fee airports by adding St. Augustine Airport, in St. Augustine, Florida to the list. On August 28, 2008, the Commissioner signed a MOA approving PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 7647 the designation of user fee status for St. Augustine Airport. Inapplicability of Public Notice and Delayed Effective Date Requirements Because this amendment merely updates the list of user fee airports to include an airport already designated by the Commissioner of CBP in accordance with 19 U.S.C. 58b and neither imposes additional burdens on, nor takes away any existing rights or privileges from, the public, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are unnecessary, and for the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required. The Regulatory Flexibility Act and Executive Order 12866 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. Signing Authority This document is limited to technical corrections 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, Code of Federal 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, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note. § 122.15 [Amended] 2. The listing of user fee airports in § 122.15(b) is amended as follows: by adding, in alphabetical order, in the ‘‘Location’’ column ‘‘St. Augustine, Florida’’ and by adding on the same line, in the ‘‘Name’’ column ‘‘St. Augustine Airport.’’ ■ Date: February 13, 2009. Jayson P. Ahern, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. E9–3540 Filed 2–18–09; 8:45 am] BILLING CODE 9111–14–P E:\FR\FM\19FER1.SGM 19FER1

Agencies

[Federal Register Volume 74, Number 32 (Thursday, February 19, 2009)]
[Rules and Regulations]
[Pages 7646-7647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3540]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 122

[CBP Dec. 09-04]


Technical Amendment to List of User Fee Airports: Addition of St. 
Augustine Airport, St. Augustine, FL

AGENCY: Customs and Border Protection, Department of Homeland Security.

[[Page 7647]]


ACTION: Final rule; technical amendment.

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SUMMARY: This document amends the Customs and Border Protection (CBP) 
Regulations by revising the list of user fee airports to reflect the 
recent user fee airport designation for St. Augustine Airport in St. 
Augustine, Florida. 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 19, 2009.

FOR FURTHER INFORMATION CONTACT: Susan Mitchell, Office of Field 
Operations, 202-344-1850.

SUPPLEMENTARY INFORMATION:

Background

    Title 19, Code of Federal Regulations (CFR), sets forth at Part 122 
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 Public Law 98-573 (the Trade and Tariff Act of 
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 
(``the Act,'' Pub. L. 107-296) transferred the United States Customs 
Service and its functions from the Department of the Treasury to the 
Department of Homeland Security; pursuant to section 1502 of the 
Act, the President renamed the ``Customs Service'' as the ``Bureau 
of Customs and Border Protection.'' Effective on March 31, 2007, DHS 
changed the name of ``Bureau of Customs and Border Protection'' to 
``U.S. Customs and Border Protection (CBP)'' (See 72 FR 20131, April 
23, 2007).
---------------------------------------------------------------------------

    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 of business at the airport 
is insufficient to justify customs services at the airport and the 
governor of the state in which the airport is located approves the 
designation. Generally, the type of airport that would seek designation 
as a user fee airport would be one at which a company, such as an air 
courier service, has a specialized interest in regularly landing.
    As the volume 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 on behalf of the recipients of the 
services.
    The fees which are to be charged at user fee airports, according to 
the statute, shall be paid by each person using the customs services at 
the airport and shall be in the amount equal to the expenses incurred 
by the Commissioner of CBP in providing customs services which are 
rendered to such person at such airport, including the salary and 
expenses of those employed by the Commissioner of CBP to provide the 
customs services. To implement this provision, generally, the airport 
seeking the designation as a user fee airport or that airport's 
authority agrees to pay a flat fee for which the users of the airport 
are to reimburse the airport/airport authority. The airport/airport 
authority agrees to set and periodically review the charges to ensure 
that they are in accord with the airport's expenses.
    The Commissioner of CBP designates airports as user fee airports 
pursuant to 19 U.S.C. 58b. See 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 local responsible official signing on 
behalf of the state, city or municipality in which the airport is 
located. In this manner, user fee airports are designated on a case-by-
case basis. Section 19 CFR 122.15 sets forth the grounds for withdrawal 
of a user fee designation and 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 have been currently designated by the 
Commissioner. This document updates that list of user fee airports by 
adding St. Augustine Airport, in St. Augustine, Florida to the list. On 
August 28, 2008, the Commissioner signed a MOA approving the 
designation of user fee status for St. Augustine Airport.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely updates the list of user fee airports 
to include an airport already designated by the Commissioner of CBP in 
accordance with 19 U.S.C. 58b and neither imposes additional burdens 
on, nor takes away any existing rights or privileges from, the public, 
pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are 
unnecessary, and for the same reasons, pursuant to 5 U.S.C. 553(d)(3), 
a delayed effective date is not required.

The Regulatory Flexibility Act and Executive Order 12866

    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.

Signing Authority

    This document is limited to technical corrections 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

0
Part 122, Code of Federal Regulations (19 CFR part 122) is amended as 
set forth below:

PART 122--AIR COMMERCE REGULATIONS

0
1. The 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.


Sec.  122.15  [Amended]

0
2. The listing of user fee airports in Sec.  122.15(b) is amended as 
follows: by adding, in alphabetical order, in the ``Location'' column 
``St. Augustine, Florida'' and by adding on the same line, in the 
``Name'' column ``St. Augustine Airport.''

    Date: February 13, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-3540 Filed 2-18-09; 8:45 am]
BILLING CODE 9111-14-P