Technical Amendments to List of User Fee Airports: Removal of User Fee Status for Roswell Industrial Air Center, Roswell, NM and March Inland Port Airport, Riverside, CA and Name Change for Capital City Airport, Lansing, MI, 53882-53883 [E9-25318]

Download as PDF 53882 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Rules and Regulations Regulatory Flexibility Act and Executive Order 12866 ACTION: Final rule; technical amendments. 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. SUMMARY: This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the removal of the user fee designations for the Roswell Industrial Air Center in Roswell, New Mexico and the March Inland Port Airport in Riverside, California, as well as indicating that the Capital City Airport in Lansing, Michigan has changed its name to the Capital Region International Airport. 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: October 21, 2009. FOR FURTHER INFORMATION CONTACT: Wendy M. Cooper, Office of Field Operations, 202–344–2057. SUPPLEMENTARY INFORMATION: 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, 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 by removing from the ‘‘Location’’ column, ‘‘Santa Maria, California,’’ and by removing on the same line, from the ‘‘Name’’ column, ‘‘Santa Maria Public Airport.’’ ■ Dated: October 15, 2009. Jayson P. Ahern, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. E9–25321 Filed 10–20–09; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection 19 CFR Part 122 sroberts on DSKD5P82C1PROD with RULES [CBP Dec. 09–41] Technical Amendments to List of User Fee Airports: Removal of User Fee Status for Roswell Industrial Air Center, Roswell, NM and March Inland Port Airport, Riverside, CA and Name Change for Capital City Airport, Lansing, MI AGENCY: Customs and Border Protection, DHS. VerDate Nov<24>2008 16:30 Oct 20, 2009 Jkt 220001 Background Title 19, Part 122, Code of Federal Regulations (CFR), 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 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). PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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. Pursuant to 19 U.S.C. 58b, the fees which are to be charged at user fee airports 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, the airport seeking the designation as a user fee airport or that airport’s authority generally 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. Periodically, CBP updates the list of user fee airports at 19 CFR 122.15(b) to reflect changes in the status of user fee airports. Recent Changes Requiring Updates to the List of User Fee Airports Section 19 CFR 122.15(c)(1) provides that the designation as a user fee airport E:\FR\FM\21OCR1.SGM 21OCR1 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Rules and Regulations shall be withdrawn if either CBP or the airport authority gives 120 days written notice of termination to the other party. On January 15, 2009, CBP gave written notice to the Roswell Industrial Air Center in Roswell, New Mexico terminating their status as a user fee facility, in accordance with 19 CFR 122.15(c)(1). On November 6, 2008, the March Inland Port Airport Authority gave written notice terminating their MOA with CBP, in accordance with 19 CFR 122.15(c)(1). On January 26, 2009, Capital City Airport notified CBP that it had officially changed its name to the Capital Region International Airport. This document updates the list of user fee airports by deleting the Roswell Industrial Air Center in Roswell, New Mexico and the March Inland Port Airport in Riverside, California, and changing the name of the Capital City Airport in Lansing, Michigan to the Capital Region International Airport. Inapplicability of Public Notice and Delayed Effective Date Requirements Because this amendment merely updates the list of user fee airports to reflect a name change and to remove airports already approved for withdrawal by the Commissioner of CBP in accordance with 19 CFR 122.15(c)(1) 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). sroberts on DSKD5P82C1PROD with RULES 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: ■ VerDate Nov<24>2008 16:30 Oct 20, 2009 Jkt 220001 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 removing, in the ‘‘Location’’ column, ‘‘Roswell, New Mexico’’ and by removing on the same line, in the ‘‘Name’’ column, ‘‘Roswell Air Industrial Center.’’; by removing, in the ‘‘Location’’ column, ‘‘Riverside, California’’ and by removing on the same line, in the ‘‘Name’’ column, ‘‘March Inland Port Airport.’’; and, by removing, in the ‘‘Name’’ column, ‘‘Capital City Airport’’ and adding in its place ‘‘Capital Region International Airport.’’ ■ Dated: October 15, 2009. Jayson P. Ahern, Acting Commissioner, Customs and Border Protection. [FR Doc. E9–25318 Filed 10–20–09; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 862 [Docket No. FDA–2009–N–0472] Medical Devices; Clinical Chemistry and Clinical Toxicology Devices; Classification of the Cardiac Allograft Gene Expression Profiling Test Systems AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is announcing the classification of cardiac allograft gene expression profiling test systems into class II (special controls). The special control that will apply to the device is the guidance document entitled ‘‘Class II Special Controls Guidance Document: Cardiac Allograft Gene Expression Profiling Test Systems.’’ FDA classified the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance document that will serve as the special control for this device. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 53883 DATES: This final rule is effective November 20, 2009. The classification was effective August 26, 2008. FOR FURTHER INFORMATION CONTACT: Kellie B. Kelm, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 5625, Silver Spring, MD 20993, 301–796–6145. SUPPLEMENTARY INFORMATION: I. Background In accordance with section 513(f)(1) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360c(f)(1)), devices that were not in commercial distribution before May 28, 1976, the date of enactment of the Medical Device Amendments of 1976 (the amendments), generally referred to as postamendments devices, are classified automatically by statute into class III without any FDA rulemaking process. These devices remain in class III and require premarket approval, unless the device is classified or reclassified into class I or II, or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the act, to a predicate device that does not require premarket approval. The agency determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the act (21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of FDA’s regulations. Section 513(f)(2) of the act provides that any person who submits a premarket notification under section 510(k) of the act for a device that has not previously been classified may, within 30 days after receiving an order classifying the device in class III under section 513(f)(1), request FDA to classify the device under the criteria set forth in section 513(a)(1). FDA shall, within 60 days of receiving such a request, classify the device by written order. This classification shall be the initial classification of the device. Within 30 days after the issuance of an order classifying the device, FDA must publish a notice in the Federal Register announcing this classification (section 513(f)(2) of the act). In accordance with section 513(f)(1) of the act, FDA issued an order on August 8, 2008, classifying the XDx AlloMap Test in class III because it was not substantially equivalent to a device that was introduced or delivered for introduction into interstate commerce for commercial distribution before May 28, 1976, or a device that was subsequently reclassified into class I or class II. On August 15, 2008, XDx, Inc., submitted a petition requesting E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[Federal Register Volume 74, Number 202 (Wednesday, October 21, 2009)]
[Rules and Regulations]
[Pages 53882-53883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25318]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 122

[CBP Dec. 09-41]


Technical Amendments to List of User Fee Airports: Removal of 
User Fee Status for Roswell Industrial Air Center, Roswell, NM and 
March Inland Port Airport, Riverside, CA and Name Change for Capital 
City Airport, Lansing, MI

AGENCY: Customs and Border Protection, DHS.

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: This document amends the Customs and Border Protection (CBP) 
Regulations by revising the list of user fee airports to reflect the 
removal of the user fee designations for the Roswell Industrial Air 
Center in Roswell, New Mexico and the March Inland Port Airport in 
Riverside, California, as well as indicating that the Capital City 
Airport in Lansing, Michigan has changed its name to the Capital Region 
International Airport. 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: October 21, 2009.

FOR FURTHER INFORMATION CONTACT: Wendy M. Cooper, Office of Field 
Operations, 202-344-2057.

SUPPLEMENTARY INFORMATION:

Background

    Title 19, Part 122, Code of Federal Regulations (CFR), 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 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.
    Pursuant to 19 U.S.C. 58b, the fees which are to be charged at user 
fee airports 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, the airport seeking the 
designation as a user fee airport or that airport's authority generally 
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. Periodically, CBP updates the list of user fee airports at 
19 CFR 122.15(b) to reflect changes in the status of user fee airports.

Recent Changes Requiring Updates to the List of User Fee Airports

    Section 19 CFR 122.15(c)(1) provides that the designation as a user 
fee airport

[[Page 53883]]

shall be withdrawn if either CBP or the airport authority gives 120 
days written notice of termination to the other party. On January 15, 
2009, CBP gave written notice to the Roswell Industrial Air Center in 
Roswell, New Mexico terminating their status as a user fee facility, in 
accordance with 19 CFR 122.15(c)(1). On November 6, 2008, the March 
Inland Port Airport Authority gave written notice terminating their MOA 
with CBP, in accordance with 19 CFR 122.15(c)(1).
    On January 26, 2009, Capital City Airport notified CBP that it had 
officially changed its name to the Capital Region International 
Airport.
    This document updates the list of user fee airports by deleting the 
Roswell Industrial Air Center in Roswell, New Mexico and the March 
Inland Port Airport in Riverside, California, and changing the name of 
the Capital City Airport in Lansing, Michigan to the Capital Region 
International Airport.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Because this amendment merely updates the list of user fee airports 
to reflect a name change and to remove airports already approved for 
withdrawal by the Commissioner of CBP in accordance with 19 CFR 
122.15(c)(1) 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 removing, in the ``Location'' column, ``Roswell, New 
Mexico'' and by removing on the same line, in the ``Name'' column, 
``Roswell Air Industrial Center.''; by removing, in the ``Location'' 
column, ``Riverside, California'' and by removing on the same line, in 
the ``Name'' column, ``March Inland Port Airport.''; and, by removing, 
in the ``Name'' column, ``Capital City Airport'' and adding in its 
place ``Capital Region International Airport.''

    Dated: October 15, 2009.
Jayson P. Ahern,
Acting Commissioner, Customs and Border Protection.
[FR Doc. E9-25318 Filed 10-20-09; 8:45 am]
BILLING CODE 9111-14-P