Technical Amendments to List of CBP Preclearance Offices in Foreign Countries: Addition of Halifax, Canada and Shannon, Ireland, 64601-64602 [E9-29190]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Rules and Regulations
Signed this 1st day of December 2009, in
Washington, DC.
Dave White,
Vice President, Commodity Credit
Corporation and Chief, Natural Resources
Conservation Service.
[FR Doc. E9–29070 Filed 12–7–09; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Part 101
[CBP Dec. 09–45]
Technical Amendments to List of CBP
Preclearance Offices in Foreign
Countries: Addition of Halifax, Canada
and Shannon, Ireland
AGENCY:
Customs and Border Protection,
DHS.
ACTION: Final rule; technical
amendments.
SUMMARY: This document amends title
19 of the Code of Federal Regulations
(CFR) to reflect that U.S. Customs and
Border Protection (CBP) has added
preclearance stations in Halifax, Canada
and Shannon, Ireland. CBP officers at
preclearance stations conduct
inspections and examinations to ensure
compliance with U.S. customs,
immigration, and agriculture laws, as
well as other laws enforced by CBP at
the U.S. border. Such inspections and
examinations prior to arrival in the
United States generally enable
passengers to exit the domestic terminal
or connect directly to a U.S. domestic
flight without undergoing further CBP
processing.
DATES:
Effective Date: December 8, 2009.
FOR FURTHER INFORMATION CONTACT:
Kathleen Conway, Office of Field
Operations, Preclearance Operations,
(202) 344–1759.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with RULES
Background
CBP preclearance operations have
been in existence since 1952.
Preclearance facilities are established
through the cooperative efforts of CBP,
foreign government representatives, and
the local airport authorities and are
evidenced with signed preclearance
agreements. Each facility is staffed with
CBP officers responsible for conducting
inspections and examinations in
connection with preclearing passengers
bound for the United States. Generally,
passengers who are inspected at a
VerDate Nov<24>2008
14:57 Dec 07, 2009
Jkt 220001
preclearance facility are permitted to
arrive at a U.S. domestic facility and
exit the U.S. domestic terminal upon
arrival or connect directly to a U.S.
domestic flight without further CBP
processing. Preclearance facilities
primarily serve to facilitate low risk
passengers, relieve passenger congestion
at Federal inspection facilities in the
United States, and enhance security in
the air environment through the
screening and inspection of passengers
prior to their arrival in the United
States. In Fiscal Year 2008, over 14.9
million passengers were processed at
preclearance locations. This figure
represents more than 15 percent of all
commercial air passengers cleared by
CBP in 2008.
The Agreement on Air Transport
Preclearance Between the Government
of the United States of America and the
Government of Canada was signed on
January 18, 2001. Preclearance
operations began in Halifax, Canada on
October 4, 2006. The Halifax
preclearance station is open for use by
commercial flights.
The Agreement Between the
Government of the United States of
America and the Government of Ireland
on Air Transport Preclearance was
signed on November 17, 2008.
Preclearance operations began in
Shannon, Ireland on August 5, 2009.
The Shannon preclearance station is
open for use by commercial flights.
Section 101.5 of the CBP regulations
(19 CFR 101.5) sets forth a list of CBP
preclearance offices in foreign countries.
This document amends this section to
add Halifax, Canada and Shannon,
Ireland to the list of preclearance
offices, and to reflect the nomenclature
changes made necessary by the transfer
of the legacy U.S. Customs Service of
the Department of the Treasury to the
Department of Homeland Security
(DHS) and DHS’ subsequent renaming of
the agency as U.S. Customs and Border
Protection (CBP) on March 31, 2007 (see
72 FR 20131, dated April 23, 2007).
Inapplicability of Public Notice and
Delayed Effective Date Requirements
This amendment reflects the addition
of two new CBP preclearance offices
that were established through signed
agreements between the United States
and the respective host nation.
Accordingly, pursuant to 5 U.S.C.
553(b)(3)(B), notice and public
procedure are unnecessary. For the
same reason, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not
required.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
64601
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 being issued in
accordance with 19 CFR 0.2(a).
List of Subjects in 19 CFR Part 101
Customs duties and inspection,
Customs ports of entry, Foreign trade
statistics, Imports, Organization and
functions (Government agencies),
Shipments, Vessels.
Amendments to Regulations
For the reasons set forth above, Part
101 of the Code of Federal Regulations
(19 CFR part 101) is amended as set
forth below.
■
PART 101—GENERAL PROVISIONS
1. The general authority citation for
part 101 and the specific authority
citation for section 101.5 continue to
read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1623, 1624,
1646a.
*
*
*
*
*
Section 101.5 also issued under 19 U.S.C.
1629.
*
■
*
*
*
*
2. Revise § 101.5 to read as follows:
§ 101.5 CBP preclearance offices in
foreign countries.
Listed below are the preclearance
offices in foreign countries where CBP
officers are located. A Director,
Preclearance, located in the Office of
Field Operations at CBP Headquarters,
is the responsible CBP officer exercising
supervisory control over all
preclearance offices.
Country
Aruba ......................
The Bahamas .........
Bermuda .................
Canada ...................
Ireland .....................
E:\FR\FM\08DER1.SGM
08DER1
CBP office
Orangestad.
Freeport.
Nassau.
Kindley Field.
Calgary, Alberta.
Edmonton, Alberta.
Halifax, Nova Scotia.
Montreal, Quebec.
Ottawa, Ontario.
Toronto, Ontario.
Vancouver, British
Columbia.
Winnipeg, Manitoba.
Shannon.
64602
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Rules and Regulations
Dated: December 3, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E9–29190 Filed 12–7–09; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2007–0067; T.D. TTB–83;
Ref: Notice Nos. 36 and 77]
RIN 1513–AA92
Establishment of the Calistoga
Viticultural Area (2003R–496P)
AGENCY: Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
SUMMARY: This Treasury decision
establishes the Calistoga viticultural
area in Napa County, California. The
viticultural area is entirely within the
existing Napa Valley viticultural area.
We designate viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase.
DATES:
Effective Date: January 7, 2010.
FOR FURTHER INFORMATION CONTACT:
Amy R. Greenberg, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street,
NW., Washington, DC 20220; telephone
202–453–2265.
SUPPLEMENTARY INFORMATION:
Background
WReier-Aviles on DSKGBLS3C1PROD with RULES
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
requires that these regulations, among
other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. Section
105(e) of the FAA Act also requires that
a person obtain a certificate of label
approval (COLA) or a certificate of
exemption, as appropriate, covering
wine, distilled spirits, and malt
beverages before bottling the product or
removing the product from customs
custody, in accordance with regulations
VerDate Nov<24>2008
14:57 Dec 07, 2009
Jkt 220001
prescribed by the Secretary. The
Alcohol and Tobacco Tax and Trade
Bureau (TTB) administers the
regulations promulgated under the FAA
Act.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements.
name or term appears in the brand
name, then the label is not in
compliance and the bottler must change
the brand name (and have an approved
COLA for that brand name). Similarly,
if the viticultural area name or other
viticulturally significant term appears in
another reference on the label in a
misleading manner, the bottler would
have to relabel the product in order to
market it.
Viticultural Areas Designation
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
of the regulations (27 CFR part 9). The
establishment of viticultural areas
allows vintners to describe more
specifically the origin of their wines to
consumers and allows consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographic origin. Establishment of a
viticultural area is neither an approval
nor an endorsement by TTB of the wine
produced in that area.
Viticultural Area Petitions
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
soils, elevation, and physical features,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area boundary prominently marked.
Use of Viticultural Area Names on Wine
Labels
For a wine to be labeled with a
viticultural area name or with a brand
name that includes a viticultural area
name or other term identified as being
viticulturally significant in part 9 of the
TTB regulations, at least 85 percent of
the wine must be derived from grapes
grown within the area represented by
that name or other term, and the wine
must meet the other conditions listed in
27 CFR 4.25(e)(3). Under the provisions
of 27 CFR 4.39(i), a wine may not be
labeled with a brand name that contains
a geographic name having viticultural
significance unless the wine meets the
appellation of origin requirements for
the geographic area named. There is an
exception for brand names used in
existing certificates of label approval
issued prior to July 7, 1986, which meet
certain criteria set forth in that
paragraph (see 27 CFR 4.39(i)(2)). Under
27 CFR 4.39(i)(3), a name has
viticultural significance when it is the
name of a state or county (or the foreign
equivalents), when approved as a
viticultural area in part 9 of the TTB
regulations or by a foreign government,
or when found to have viticultural
significance by the appropriate TTB
officer.
If the wine is not eligible for labeling
with the viticultural area name or other
viticulturally significant term and that
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
I. Calistoga Petition
On behalf of interested parties in the
Calistoga viticultural community, James
P. ‘‘Bo’’ Barrett of Chateau Montelena, a
Calistoga, California, winery and
vineyard, petitioned TTB to establish
‘‘Calistoga’’ as an American viticultural
area. Located in northwestern Napa
County, California, the proposed area
surrounds the town of Calistoga and is
entirely within the existing Napa Valley
viticultural area described in 27 CFR
9.23. Below, we summarize the
evidence presented in the petition.
Name Evidence
The petitioner submitted the
following as evidence that the proposed
viticultural area described in the
petition is locally and nationally known
as Calistoga:
• Excerpts from Charles L. Sullivan’s
book, ‘‘Napa Wine: A History from
Mission Days to Present,’’ explaining
that Sam Brannan founded the town of
Calistoga in 1857 and established
E:\FR\FM\08DER1.SGM
08DER1
]]>Agencies
[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Rules and Regulations]
[Pages 64601-64602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29190]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 101
[CBP Dec. 09-45]
Technical Amendments to List of CBP Preclearance Offices in
Foreign Countries: Addition of Halifax, Canada and Shannon, Ireland
AGENCY: Customs and Border Protection, DHS.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: This document amends title 19 of the Code of Federal
Regulations (CFR) to reflect that U.S. Customs and Border Protection
(CBP) has added preclearance stations in Halifax, Canada and Shannon,
Ireland. CBP officers at preclearance stations conduct inspections and
examinations to ensure compliance with U.S. customs, immigration, and
agriculture laws, as well as other laws enforced by CBP at the U.S.
border. Such inspections and examinations prior to arrival in the
United States generally enable passengers to exit the domestic terminal
or connect directly to a U.S. domestic flight without undergoing
further CBP processing.
DATES: Effective Date: December 8, 2009.
FOR FURTHER INFORMATION CONTACT: Kathleen Conway, Office of Field
Operations, Preclearance Operations, (202) 344-1759.
SUPPLEMENTARY INFORMATION:
Background
CBP preclearance operations have been in existence since 1952.
Preclearance facilities are established through the cooperative efforts
of CBP, foreign government representatives, and the local airport
authorities and are evidenced with signed preclearance agreements. Each
facility is staffed with CBP officers responsible for conducting
inspections and examinations in connection with preclearing passengers
bound for the United States. Generally, passengers who are inspected at
a preclearance facility are permitted to arrive at a U.S. domestic
facility and exit the U.S. domestic terminal upon arrival or connect
directly to a U.S. domestic flight without further CBP processing.
Preclearance facilities primarily serve to facilitate low risk
passengers, relieve passenger congestion at Federal inspection
facilities in the United States, and enhance security in the air
environment through the screening and inspection of passengers prior to
their arrival in the United States. In Fiscal Year 2008, over 14.9
million passengers were processed at preclearance locations. This
figure represents more than 15 percent of all commercial air passengers
cleared by CBP in 2008.
The Agreement on Air Transport Preclearance Between the Government
of the United States of America and the Government of Canada was signed
on January 18, 2001. Preclearance operations began in Halifax, Canada
on October 4, 2006. The Halifax preclearance station is open for use by
commercial flights.
The Agreement Between the Government of the United States of
America and the Government of Ireland on Air Transport Preclearance was
signed on November 17, 2008. Preclearance operations began in Shannon,
Ireland on August 5, 2009. The Shannon preclearance station is open for
use by commercial flights.
Section 101.5 of the CBP regulations (19 CFR 101.5) sets forth a
list of CBP preclearance offices in foreign countries. This document
amends this section to add Halifax, Canada and Shannon, Ireland to the
list of preclearance offices, and to reflect the nomenclature changes
made necessary by the transfer of the legacy U.S. Customs Service of
the Department of the Treasury to the Department of Homeland Security
(DHS) and DHS' subsequent renaming of the agency as U.S. Customs and
Border Protection (CBP) on March 31, 2007 (see 72 FR 20131, dated April
23, 2007).
Inapplicability of Public Notice and Delayed Effective Date
Requirements
This amendment reflects the addition of two new CBP preclearance
offices that were established through signed agreements between the
United States and the respective host nation. Accordingly, pursuant to
5 U.S.C. 553(b)(3)(B), notice and public procedure are unnecessary. For
the same reason, 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 being issued in accordance with 19 CFR 0.2(a).
List of Subjects in 19 CFR Part 101
Customs duties and inspection, Customs ports of entry, Foreign
trade statistics, Imports, Organization and functions (Government
agencies), Shipments, Vessels.
Amendments to Regulations
0
For the reasons set forth above, Part 101 of the Code of Federal
Regulations (19 CFR part 101) is amended as set forth below.
PART 101--GENERAL PROVISIONS
0
1. The general authority citation for part 101 and the specific
authority citation for section 101.5 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624,
1646a.
* * * * *
Section 101.5 also issued under 19 U.S.C. 1629.
* * * * *
0
2. Revise Sec. 101.5 to read as follows:
Sec. 101.5 CBP preclearance offices in foreign countries.
Listed below are the preclearance offices in foreign countries
where CBP officers are located. A Director, Preclearance, located in
the Office of Field Operations at CBP Headquarters, is the responsible
CBP officer exercising supervisory control over all preclearance
offices.
------------------------------------------------------------------------
Country CBP office
------------------------------------------------------------------------
Aruba.............................. Orangestad.
The Bahamas........................ Freeport.
Nassau.
Bermuda............................ Kindley Field.
Canada............................. Calgary, Alberta.
Edmonton, Alberta.
Halifax, Nova Scotia.
Montreal, Quebec.
Ottawa, Ontario.
Toronto, Ontario.
Vancouver, British
Columbia.
Winnipeg, Manitoba.
Ireland............................ Shannon.
------------------------------------------------------------------------
[[Page 64602]]
Dated: December 3, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-29190 Filed 12-7-09; 8:45 am]
BILLING CODE 9111-14-P
