Technical Amendment to List of User Fee Airports: Removal of One Airport, 57991-57992 [2021-22880]

Download as PDF Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations changes to the Rule necessary for conformity but fails to conduct a full review of the Rule to consider removing all dated and prescriptive provisions. For these reasons, I dissent. [FR Doc. 2021–22869 Filed 10–19–21; 8:45 am] BILLING CODE 6750–01–C DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 122 [CBP Dec. 21–15] Technical Amendment to List of User Fee Airports: Removal of One Airport U.S. Customs and Border Protection, Department of Homeland Security (DHS). ACTION: Final rule; technical amendment. AGENCY: This document amends U.S. Customs and Border Protection (CBP) regulations by removing one airport from the list of user fee airports. User fee airports are airports that have been approved by the Commissioner of CBP to receive, for a fee, the customs services of CBP officers for processing aircraft, passengers, and cargo entering the United States, but do not qualify for designation as international or landing rights airports. Specifically, this technical amendment reflects the removal of the designation of user fee airport status for the Charlotte-Monroe Executive Airport in Monroe, North Carolina. SUMMARY: DATES: Effective date: October 20, 2021. FOR FURTHER INFORMATION CONTACT: Ryan Flanagan, Director, Alternative Funding Program, Office of Field Operations, U.S. Customs and Border Protection at Ryan.H.Flanagan@ cbp.dhs.gov or 202–550–9566. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 Background Title 19, part 122 of the Code of Federal Regulations (19 CFR part 122) sets forth regulations relating to the entry and clearance of aircraft engaged in international commerce and the transportation of persons and cargo by aircraft in international commerce.1 Generally, a civil aircraft arriving from outside the United States must land at an airport designated as an international 1 For purposes of this technical rule, an ‘‘aircraft’’ is defined as any device used or designed for navigation or flight in air and does not include hovercraft. 19 CFR 122.1(a). VerDate Sep<11>2014 16:22 Oct 19, 2021 Jkt 256001 airport. Alternatively, 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.2 Section 236 of the Trade and Tariff Act of 1984 (Pub. L. 98–573, 98 stat. 2948, 2994 (1984)), codified at 19 U.S.C. 58b, created an alternative option for civil aircraft seeking to land at an airport that is neither an international airport nor a landing rights airport. This alternative option allows the Commissioner of U.S. Customs and Border Protection (CBP) to designate an airport, upon request by the airport authority or other sponsoring entity, as a user fee airport.3 Pursuant to 19 U.S.C. 58b, a requesting airport may be designated as a user fee airport only if CBP determines that the volume or value of business at the airport is insufficient to justify the unreimbursed availability of customs services at the airport and the governor of the state in which the airport is located approves the designation. As the volume or value of business cleared through this type of airport is insufficient to justify the availability of customs services at no cost, customs services provided by CBP at the airport are not funded by appropriations from the general treasury of the United States. Instead, the user fee airport pays for the customs services provided by CBP. The user fee airport must pay the fees charged, which must be in an amount equal to the expenses incurred by CBP in providing customs and related services at the user fee airport, including the salary and expenses of CBP employees to provide such services. See 19 U.S.C. 58b; also 19 CFR 24.17(a)–(b). CBP designates airports as user fee airports in accordance with 19 U.S.C. 58b and 19 CFR 122.15 and on a caseby-case basis. If CBP 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 2 A landing rights airport is ‘‘any airport, other than an international airport or user fee airport, at which flights from a foreign area are given permission by Customs to land.’’ 19 CFR 122.1(f). 3 Sections 403(1) and 411 of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 stat. 2135, 2178–79 (2002)), codified at 6 U.S.C. 203(1) and 211, transferred certain functions, including the authority to designate user fee facilities, from the U.S. Customs Service of the Department of the Treasury to the newly established U.S. Department of Homeland Security. The Secretary of Homeland Security delegated the authority to designate user fee facilities to the Commissioner of CBP through Department of Homeland Security Delegation, Sec. II.A., No. 7010.3 (May 11, 2006). The Commissioner subsequently delegated this authority to the Executive Assistant Commissioner of the Office of Field Operations on January 28, 2020. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 57991 sponsor of the user fee airport. Pursuant to 19 CFR 122.15(c), the designation of an airport as a user fee airport must be withdrawn if either CBP or the airport authority gives 120 days written notice of termination to the other party, or if any amounts due to CBP are not paid on a timely basis. The list of designated user fee airports is set forth in 19 CFR 122.15(b). Periodically, CBP updates the list to include newly designated airports that were not previously on the list, to reflect any changes in the names of the designated user fee airports, and to remove airports that are no longer designated as user fee airports. Recent Change Requiring Update to the List of User Fee Airports This document updates the list of user fee airports in 19 CFR 122.15(b) by removing the Charlotte-Monroe Executive Airport in Monroe, North Carolina. On February 3, 2021, the Monroe City Manager requested termination of the user fee status for the Charlotte-Monroe Executive Airport, and the Monroe City Manager and CBP mutually agreed to terminate the user fee status of Charlotte-Monroe Executive Airport effective on June 30, 2021. Inapplicability of Public Notice and Delayed Effective Date Requirements Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency is exempted from the prior public notice and comment procedures if it finds, for good cause, that such procedures are impracticable, unnecessary, or contrary to the public interest. This final rule makes a conforming change by updating the list of user fee airports by removing one airport in light of the CBP Commissioner’s withdrawal of its designation as a user fee airport, in accordance with 19 U.S.C. 58b. Because this conforming rule has no substantive impact, is technical in nature, and does not impose additional burdens on or take away any existing rights or privileges from the public, CBP finds for good cause that the prior public notice and comment procedures are impracticable, unnecessary, and contrary to the public interest. For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required. 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 E:\FR\FM\20OCR1.SGM 20OCR1 57992 Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations for a ‘‘significant regulatory action’’ as specified in Executive Order 12866. Paperwork Reduction Act There is no new collection of information required in this document; therefore, the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) are inapplicable. Dated: October 15, 2021. Robert F. Altneu, Director, Regulations & Disclosure Law Division, Regulations & Rulings, Office of Trade, U.S. Customs and Border Protection. BILLING CODE 9111–14–P I. Approvals 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). Acting Commissioner Troy A. Miller, having reviewed and approved this document, is delegating the authority to electronically sign this document to Robert F. Altneu, who is the Director of the Regulations and Disclosure Law Division for CBP, for purposes of publication in the Federal Register. List of Subjects in 19 CFR Part 122 Air carriers, Aircraft, Airports, Customs duties and inspection, Freight. HHS. PART 122—AIR COMMERCE REGULATIONS 1. The general authority citation for part 122 continues to read as follows: ■ Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note. * * § 122.15 * * * [Amended] 2. In § 122.15, amend the table in paragraph (b) by removing the entry for ‘‘Monroe, North Carolina’’. ■ George K. Haibel, Center for Veterinary Medicine (HFV–6), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240–402–5689, george.haibel@fda.hhs.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2021–22880 Filed 10–19–21; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES Amendments to Regulations Part 122, of title 19 of the Code of Federal Regulations (19 CFR part 122) is amended as set forth below: FOR FURTHER INFORMATION CONTACT: Food and Drug Administration 21 CFR Parts 510, 516, 520, 522, 526, 556 and 558 [Docket No. FDA–2021–N–0002] New Animal Drugs; Approval of New Animal Drug Applications; Changes of Sponsorship AGENCY: Food and Drug Administration, Final rule; technical amendments. ACTION: The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs), abbreviated new animal drug applications (ANADAs), and conditional new animal drug applications (cNADAs) during January, February, and March 2021. FDA is informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to improve the accuracy and readability of the regulations. DATES: This rule is effective October 20, 2021. SUMMARY: FDA is amending the animal drug regulations to reflect approval actions for NADAs, ANADAs, and conditional approval actions for cNADAs during January, February, and March 2021, as listed in table 1. In addition, FDA is informing the public of the availability, where applicable, of documentation of environmental review required under the National Environmental Policy Act (NEPA) and, for actions requiring review of safety or effectiveness data, summaries of the basis of approval (FOI Summaries) under the Freedom of Information Act (FOIA). These public documents may be seen in the office of the Dockets Management Staff (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday, 240–402–7500. Persons with access to the internet may obtain these documents at the CVM FOIA Electronic Reading Room: https:// www.fda.gov/about-fda/centerveterinary-medicine/cvm-foiaelectronic-reading-room. Marketing exclusivity and patent information may be accessed in FDA’s publication, Approved Animal Drug Products Online (Green Book) at: https://www.fda.gov/ animal-veterinary/products/approvedanimal-drug-products-green-book. FDA has verified the website addresses as of the date this document publishes in the Federal Register, but websites are subject to change over time. TABLE 1—ORIGINAL AND SUPPLEMENTAL NADAS AND ANADAS APPROVED DURING JANUARY, FEBRUARY, AND MARCH 2021 lotter on DSK11XQN23PROD with RULES1 Approval date File No. Sponsor Product name Species Effect of the action Public documents Supplemental approval for the addition of Mycoplasma hyopneumoniae to the list of pathogens for the control of swine respiratory disease indication. Conditional approval for the treatment of lymphoma in dogs. FOI Summary. January 8, 2021 ......... 141–336 ECO LLC, 344 Nassau St., Princeton, NJ 08540. AIVLOSIN (62.5% w/w tylvalosin as tylvalosin tartrate) Water Soluble Granules. Swine ......... January 11, 2021 ....... 141–526 LAVERDIA–CA1 (verdinexor tablets). Dogs ........... January 12, 2021 ....... 200–675 Original approval as a generic copy of NADA 141–225. FOI Summary. 200–676 Ractopamine hydrochloride and monensin Type B and Type C medicated feeds. Ractopamine hydrochloride, monensin, and tylosin phosphate Type B and Type C medicated feeds. Cattle .......... January 12, 2021 ....... Anivive Lifesciences, Inc., 3250 Airflite Way, Suite 400, Long Beach, CA 90807. Huvepharma EOOD, 5th Floor, 3A Nikolay Haytov Str., 1113 Sofia, Bulgaria. Do .................................... Cattle .......... Original approval as a generic copy of NADA 141–224. FOI Summary. VerDate Sep<11>2014 16:22 Oct 19, 2021 Jkt 256001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1 FOI Summary.

Agencies

[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Rules and Regulations]
[Pages 57991-57992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22880]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 21-15]


Technical Amendment to List of User Fee Airports: Removal of One 
Airport

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security (DHS).

ACTION: Final rule; technical amendment.

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

SUMMARY: This document amends U.S. Customs and Border Protection (CBP) 
regulations by removing one airport from the list of user fee airports. 
User fee airports are airports that have been approved by the 
Commissioner of CBP to receive, for a fee, the customs services of CBP 
officers for processing aircraft, passengers, and cargo entering the 
United States, but do not qualify for designation as international or 
landing rights airports. Specifically, this technical amendment 
reflects the removal of the designation of user fee airport status for 
the Charlotte-Monroe Executive Airport in Monroe, North Carolina.

DATES: Effective date: October 20, 2021.

FOR FURTHER INFORMATION CONTACT: Ryan Flanagan, Director, Alternative 
Funding Program, Office of Field Operations, U.S. Customs and Border 
Protection at [email protected] or 202-550-9566.

SUPPLEMENTARY INFORMATION:

Background

    Title 19, part 122 of the Code of Federal Regulations (19 CFR part 
122) sets forth regulations relating to the entry and clearance of 
aircraft engaged in international commerce and the transportation of 
persons and cargo by aircraft in international commerce.\1\ Generally, 
a civil aircraft arriving from outside the United States must land at 
an airport designated as an international airport. Alternatively, 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.\2\
---------------------------------------------------------------------------

    \1\ For purposes of this technical rule, an ``aircraft'' is 
defined as any device used or designed for navigation or flight in 
air and does not include hovercraft. 19 CFR 122.1(a).
    \2\ A landing rights airport is ``any airport, other than an 
international airport or user fee airport, at which flights from a 
foreign area are given permission by Customs to land.'' 19 CFR 
122.1(f).
---------------------------------------------------------------------------

    Section 236 of the Trade and Tariff Act of 1984 (Pub. L. 98-573, 98 
stat. 2948, 2994 (1984)), codified at 19 U.S.C. 58b, created an 
alternative option for civil aircraft seeking to land at an airport 
that is neither an international airport nor a landing rights airport. 
This alternative option allows the Commissioner of U.S. Customs and 
Border Protection (CBP) to designate an airport, upon request by the 
airport authority or other sponsoring entity, as a user fee airport.\3\ 
Pursuant to 19 U.S.C. 58b, a requesting airport may be designated as a 
user fee airport only if CBP determines that the volume or value of 
business at the airport is insufficient to justify the unreimbursed 
availability of customs services at the airport and the governor of the 
state in which the airport is located approves the designation. As the 
volume or value of business cleared through this type of airport is 
insufficient to justify the availability of customs services at no 
cost, customs services provided by CBP at the airport are not funded by 
appropriations from the general treasury of the United States. Instead, 
the user fee airport pays for the customs services provided by CBP. The 
user fee airport must pay the fees charged, which must be in an amount 
equal to the expenses incurred by CBP in providing customs and related 
services at the user fee airport, including the salary and expenses of 
CBP employees to provide such services. See 19 U.S.C. 58b; also 19 CFR 
24.17(a)-(b).
---------------------------------------------------------------------------

    \3\ Sections 403(1) and 411 of the Homeland Security Act of 2002 
(Pub. L. 107-296, 116 stat. 2135, 2178-79 (2002)), codified at 6 
U.S.C. 203(1) and 211, transferred certain functions, including the 
authority to designate user fee facilities, from the U.S. Customs 
Service of the Department of the Treasury to the newly established 
U.S. Department of Homeland Security. The Secretary of Homeland 
Security delegated the authority to designate user fee facilities to 
the Commissioner of CBP through Department of Homeland Security 
Delegation, Sec. II.A., No. 7010.3 (May 11, 2006). The Commissioner 
subsequently delegated this authority to the Executive Assistant 
Commissioner of the Office of Field Operations on January 28, 2020.
---------------------------------------------------------------------------

    CBP designates airports as user fee airports in accordance with 19 
U.S.C. 58b and 19 CFR 122.15 and on a case-by-case basis. If CBP 
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 sponsor of the user fee airport. Pursuant 
to 19 CFR 122.15(c), the designation of an airport as a user fee 
airport must be withdrawn if either CBP or the airport authority gives 
120 days written notice of termination to the other party, or if any 
amounts due to CBP are not paid on a timely basis.
    The list of designated user fee airports is set forth in 19 CFR 
122.15(b). Periodically, CBP updates the list to include newly 
designated airports that were not previously on the list, to reflect 
any changes in the names of the designated user fee airports, and to 
remove airports that are no longer designated as user fee airports.

Recent Change Requiring Update to the List of User Fee Airports

    This document updates the list of user fee airports in 19 CFR 
122.15(b) by removing the Charlotte-Monroe Executive Airport in Monroe, 
North Carolina. On February 3, 2021, the Monroe City Manager requested 
termination of the user fee status for the Charlotte-Monroe Executive 
Airport, and the Monroe City Manager and CBP mutually agreed to 
terminate the user fee status of Charlotte-Monroe Executive Airport 
effective on June 30, 2021.

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
is exempted from the prior public notice and comment procedures if it 
finds, for good cause, that such procedures are impracticable, 
unnecessary, or contrary to the public interest. This final rule makes 
a conforming change by updating the list of user fee airports by 
removing one airport in light of the CBP Commissioner's withdrawal of 
its designation as a user fee airport, in accordance with 19 U.S.C. 
58b. Because this conforming rule has no substantive impact, is 
technical in nature, and does not impose additional burdens on or take 
away any existing rights or privileges from the public, CBP finds for 
good cause that the prior public notice and comment procedures are 
impracticable, unnecessary, and contrary to the public interest. For 
the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective 
date is not required.

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

[[Page 57992]]

for a ``significant regulatory action'' as specified in Executive Order 
12866.

Paperwork Reduction Act

    There is no new collection of information required in this 
document; therefore, the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507) are inapplicable.

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). Acting Commissioner Troy A. Miller, having reviewed and 
approved this document, is delegating the authority to electronically 
sign this document to Robert F. Altneu, who is the Director of the 
Regulations and Disclosure Law Division for CBP, for purposes of 
publication in the Federal Register.

List of Subjects in 19 CFR Part 122

    Air carriers, Aircraft, Airports, Customs duties and inspection, 
Freight.

Amendments to Regulations

    Part 122, of title 19 of the Code of Federal Regulations (19 CFR 
part 122) is amended as set forth below:

PART 122--AIR COMMERCE REGULATIONS

0
1. The general authority citation for part 122 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433, 
1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *


Sec.  122.15   [Amended]

0
2. In Sec.  122.15, amend the table in paragraph (b) by removing the 
entry for ``Monroe, North Carolina''.

    Dated: October 15, 2021.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
[FR Doc. 2021-22880 Filed 10-19-21; 8:45 am]
BILLING CODE 9111-14-P

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