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]
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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]
-----------------------------------------------------------------------
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
