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]

Download as PDF 57782 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 Frm 00081 Fmt 4700 Sfmt 4700 E:\FR\FM\26SER1.SGM 26SER1

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