Technical Amendment to List of User Fee Airports: Removal of One Airport
| Citation | 86 FR 57991 |
| Record Number | 2021-22880 |
| Published date | 20 October 2021 |
| Section | Rules and Regulations |
| Court | U.s. Customs And Border Protection |
57991
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations
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).
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.
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
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 Ryan.H.Flanagan@
cbp.dhs.gov 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
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 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
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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.
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
■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’’.
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
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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,
HHS.
ACTION
: Final rule; technical
amendments.
SUMMARY
: 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.
FOR FURTHER INFORMATION CONTACT
:
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
:
I. Approvals
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/center-
veterinary-medicine/cvm-foia-
electronic-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/approved-
animal-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.
T
ABLE
1—O
RIGINAL AND
S
UPPLEMENTAL
NADA
S AND
ANADA
S
A
PPROVED
D
URING
J
ANUARY
, F
EBRUARY
,
AND
M
ARCH
2021
Approval date File No. Sponsor Product name Species Effect of the action Public
documents
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 ......... Supplemental approval for the addition
of Mycoplasma hyopneumoniae to
the list of pathogens for the control
of swine respiratory disease indica-
tion.
FOI Summary.
January 11, 2021 ....... 141–526 Anivive Lifesciences, Inc.,
3250 Airflite Way, Suite
400, Long Beach, CA
90807.
LAVERDIA–CA1
(verdinexor tablets). Dogs ........... Conditional approval for the treatment
of lymphoma in dogs. FOI Summary.
January 12, 2021 ....... 200–675 Huvepharma EOOD, 5th
Floor, 3A Nikolay
Haytov Str., 1113
Sofia, Bulgaria.
Ractopamine hydro-
chloride and monensin
Type B and Type C
medicated feeds.
Cattle .......... Original approval as a generic copy of
NADA 141–225. FOI Summary.
January 12, 2021 ....... 200–676 Do .................................... Ractopamine hydro-
chloride, monensin,
and tylosin phosphate
Type B and Type C
medicated feeds.
Cattle .......... Original approval as a generic copy of
NADA 141–224. FOI Summary.
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