Technical Amendment to List of User Fee Airports: Addition of John Wayne Airport in Santa Ana, California and Renaming of Williams Gateway Airport in Mesa, Arizona to Phoenix-Mesa Gateway Airport, 57782-57783 [2014-22939]
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Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations
person must keep such representation in
accordance with § 1.31.
*
*
*
*
*
Issued in Washington, DC, on September
23, 2014, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
Implementing this final rule is an
important step in our effort to finish the job
of implementing the Dodd-Frank Act and
will help us achieve the full benefit of the
new regulatory framework, while at the same
time protecting the interests of—and
minimizing the burdens on—commercial
end-users who depend on the derivatives
markets to hedge normal business risks.
Note: The following appendices will not
appear in the Code of Federal Regulations.
[FR Doc. 2014–22966 Filed 9–25–14; 8:45 am]
Appendices to Exclusion of Utility
Operations-Related Swaps With Utility
Special Entities From De Minimis
Threshold for Swaps With Special
Entities—Commission Voting Summary
and Chairman’s Statement
DEPARTMENT OF HOMELAND
SECURITY
Appendix 1—Commission Voting
Summary
19 CFR Part 122
On this matter, Chairman Massad and
Commissioners Wetjen, Bowen, and
Giancarlo voted in the affirmative. No
Commissioner voted in the negative.
[CBP Dec. 14–10]
BILLING CODE 6351–01–P
asabaliauskas on DSK5VPTVN1PROD with RULES
Appendix 2—Statement of Chairman
Timothy G. Massad
I support this final rule pertaining to the
swap activities of small utility companies.
These companies are responsible for keeping
the lights on in communities across our
country, for heating and cooling our homes,
and powering the kitchen appliances that we
use every day to feed our families. To do
their job, they must manage the risk of their
own fuel costs, and to do that, they must be
able to access the energy commodity markets.
This final rule will help make sure they can
do so.
In the Dodd-Frank Act, Congress directed
the Commission to impose heightened
standards on swap dealers in their swap
activities with Federal, state and municipal
government agencies and certain other socalled ‘‘special entities.’’ This was in
response to the instances where swap dealers
may have failed to disclose material risks of
swap transactions to municipal entities or
otherwise acted improperly, which often
resulted in massive losses to the
municipality.
Because Congress defined ‘‘special entity’’
broadly, when the Commission implemented
this Congressional directive through a
previous rulemaking, the rule was applied to
many utility companies that are governmentowned. These companies, which serve
communities across our nation, engage in
energy swaps. The counterparties with whom
they transact business were often not
registered swap dealers, nor were they the
dealers that engaged in the abusive practices
that led to Congress’s concerns. The
imposition of these requirements through a
designation as a swap dealer could unduly
burden their business and thereby threaten
the ability of our local utility companies to
manage their risks. This rule fixes that
problem.
This final rule benefited from public
comment. In key respects, we made
adjustments to our initial proposal to address
concerns raised during the notice and
comment process.
VerDate Sep<11>2014
17:52 Sep 25, 2014
Jkt 232001
U.S. Customs and Border Protection
Technical Amendment to List of User
Fee Airports: Addition of John Wayne
Airport in Santa Ana, California and
Renaming of Williams Gateway Airport
in Mesa, Arizona to Phoenix-Mesa
Gateway Airport
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule; technical
amendment.
AGENCY:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations by revising the list of
user fee airports to reflect the recent
user fee airport designation for the John
Wayne Airport in Santa Ana, California
and the renaming of the Williams
Gateway Airport in Mesa, Arizona to the
Phoenix-Mesa Gateway 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: September 26,
2014.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Roger Kaplan, Office of Field
Operations, Roger.Kaplan@dhs.gov or
202–325–4543.
SUPPLEMENTARY INFORMATION:
I. Background
Title 19, part 122, 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.
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
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 by CBP, the civil aircraft
may land at that landing rights airport.
Section 236 of the Trade and Tariff
Act of 1984 (Pub. L. 98–573), 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 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 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.
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. 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.
The Commissioner of CBP designates
airports as user fee airports pursuant to
19 U.S.C. 58b. 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.
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
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 / Rules and Regulations
and practice. For the same reasons,
pursuant to 5 U.S.C. 553(d)(3), a delayed
effective date is not required.
II. Statutory and Regulatory
Requirements
asabaliauskas on DSK5VPTVN1PROD with RULES
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 regulation pertaining to user fee
airports is 19 CFR 122.15. It addresses
the procedures for obtaining permission
to land at a user fee airport, the grounds
for withdrawal of a user fee designation
and includes the list of user fee airports
designated by the Commissioner of CBP
in accordance with 19 U.S.C. 58b.
Periodically, CBP updates the list of
user fee airports at 19 CFR 122.15(b) to
reflect those that have been recently
designated by the Commissioner and
other changes, such as a name change
for a listed user fee airport. On April 15,
2012, the Commissioner of CBP signed
a MOA approving the designation of
user fee status for the John Wayne
Airport. This document updates the list
of user fee airports by adding John
Wayne Airport in Santa Ana, California
to the list.
On September 17, 2007, the Williams
Gateway Airport Authority approved
the renaming of the Williams Gateway
Airport in Mesa, Arizona to the
Phoenix-Mesa Gateway Airport. This
name change went into effect on
October 15, 2007. This document
updates the list of user fee airports to
reflect the renaming of the Williams
Gateway Airport to the Phoenix-Mesa
Gateway Airport.
E. Signing Authority
A. Inapplicability of Public Notice and
Delayed Effective Date Requirements
Under the Administrative Procedure
Act (5 U.S.C. 553(b)), an agency may
waive the normal notice and comment
requirements if it finds, for good cause,
that they are impracticable,
unnecessary, or contrary to the public
interest. This final rule updates the list
of user fee airports to add an airport that
has already been designated by the
Commissioner of CBP in accordance
with 19 U.S.C. 58b as a user fee airport
and to reflect a name change for one of
the listed airports. These amendments
are conforming changes to update the
list of user fee airports. Therefore, notice
and comment for this rule is
unnecessary because the rule has no
substantive impact, is technical in
nature, and it relates only to
management, organization, procedure,
VerDate Sep<11>2014
17:52 Sep 25, 2014
Jkt 232001
B. 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, as
supplemented by Executive Order
13563.
C. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
§ 122.15
57783
[Amended]
2. The listing of user fee airports in
§ 122.15(b) is amended as follows:
■ a. Add, in alphabetical order, in the
‘‘Location’’ column ‘‘Santa Ana,
California’’ and add on the same line, in
the ‘‘Name’’ column ‘‘John Wayne
Airport.’’; and
■ b. In the ‘‘Name’’ column adjacent to
the listing in the ‘‘Location’’ column of
‘‘Mesa, Arizona’’, remove ‘‘Williams
Gateway Airport.’’ and add in its place
‘‘Phoenix-Mesa Gateway Airport.’’
■
Dated: September 22, 2014.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border
Protection.
[FR Doc. 2014–22939 Filed 9–25–14; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 51
D. Executive Order 13132
[TD 9684]
The rule will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
RIN 1545–BJ39
Branded Prescription Drug Fee;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document is limited to technical
amendments of CBP regulations.
Accordingly, it is being signed under
the authority of 19 CFR 0.1(b).
This document contains
corrections to final regulations (TD
9684) that were published in the
Federal Register on Monday, July 28,
2014 (79 FR 43631). The final
regulations provide guidance on the
annual fee imposed on covered entities
engaged in the business of
manufacturing branded prescription
drugs.
List of Subjects in 19 CFR Part 122
DATES:
Air carriers, Aircraft, Airports,
Customs duties and inspection, Freight.
Amendments to Regulations
For the reasons set forth above, part
122, Code of Federal Regulations (19
CFR part 122) is amended as set forth
below:
PART 122—AIR COMMERCE
REGULATIONS
SUMMARY:
This correction is effective
September 26, 2014 and applicable
beginning July 28, 2014.
FOR FURTHER INFORMATION CONTACT:
Celia Gabrysh, at (202) 317–6855 (not a
toll free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations (TD 9684) that
are the subject of this correction is
under section 9008 of the Patient
Protection and Affordable Care Act.
■
Need for Correction
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.
As published, the final regulations
(TD 9684) contains errors that may
prove to be misleading and are in need
of clarification.
1. The authority citation for Part 122
continues to read as follows:
PO 00000
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]]>Agencies
[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57782-57783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22939]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 14-10]
Technical Amendment to List of User Fee Airports: Addition of
John Wayne Airport in Santa Ana, California and Renaming of Williams
Gateway Airport in Mesa, Arizona to Phoenix-Mesa Gateway Airport
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations by revising the list of user fee airports to reflect
the recent user fee airport designation for the John Wayne Airport in
Santa Ana, California and the renaming of the Williams Gateway Airport
in Mesa, Arizona to the Phoenix-Mesa Gateway 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: September 26, 2014.
FOR FURTHER INFORMATION CONTACT: Roger Kaplan, Office of Field
Operations, Roger.Kaplan@dhs.gov or 202-325-4543.
SUPPLEMENTARY INFORMATION:
I. Background
Title 19, part 122, 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 by CBP, the civil aircraft may land at that landing
rights airport.
Section 236 of the Trade and Tariff Act of 1984 (Pub. L. 98-573),
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 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 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.
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. 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.
The Commissioner of CBP designates airports as user fee airports
pursuant to 19 U.S.C. 58b. 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.
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
[[Page 57783]]
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 regulation pertaining to user fee airports is 19 CFR 122.15. It
addresses the procedures for obtaining permission to land at a user fee
airport, the grounds for withdrawal of a user fee designation and
includes the list of user fee airports designated by the Commissioner
of CBP in accordance with 19 U.S.C. 58b.
Periodically, CBP updates the list of user fee airports at 19 CFR
122.15(b) to reflect those that have been recently designated by the
Commissioner and other changes, such as a name change for a listed user
fee airport. On April 15, 2012, the Commissioner of CBP signed a MOA
approving the designation of user fee status for the John Wayne
Airport. This document updates the list of user fee airports by adding
John Wayne Airport in Santa Ana, California to the list.
On September 17, 2007, the Williams Gateway Airport Authority
approved the renaming of the Williams Gateway Airport in Mesa, Arizona
to the Phoenix-Mesa Gateway Airport. This name change went into effect
on October 15, 2007. This document updates the list of user fee
airports to reflect the renaming of the Williams Gateway Airport to the
Phoenix-Mesa Gateway Airport.
II. Statutory and Regulatory Requirements
A. Inapplicability of Public Notice and Delayed Effective Date
Requirements
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. This final rule updates the list of user fee
airports to add an airport that has already been designated by the
Commissioner of CBP in accordance with 19 U.S.C. 58b as a user fee
airport and to reflect a name change for one of the listed airports.
These amendments are conforming changes to update the list of user fee
airports. Therefore, notice and comment for this rule is unnecessary
because the rule has no substantive impact, is technical in nature, and
it relates only to management, organization, procedure, and practice.
For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed
effective date is not required.
B. 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, as supplemented by Executive Order 13563.
C. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
D. Executive Order 13132
The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13132, this rule does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement.
E. Signing Authority
This document is limited to technical amendments 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
For the reasons set forth above, 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:
0
a. Add, in alphabetical order, in the ``Location'' column ``Santa Ana,
California'' and add on the same line, in the ``Name'' column ``John
Wayne Airport.''; and
0
b. In the ``Name'' column adjacent to the listing in the ``Location''
column of ``Mesa, Arizona'', remove ``Williams Gateway Airport.'' and
add in its place ``Phoenix-Mesa Gateway Airport.''
Dated: September 22, 2014.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2014-22939 Filed 9-25-14; 8:45 am]
BILLING CODE 9111-14-P
