Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Rules and Regulations 52823 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order JO 7400.11F at NARA, email: 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Christopher McMullin, Rules and 

Regulations Group, Office of Policy, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it modifies the 

air traffic service route structure in the 

north central United States to maintain 

the efficient flow of air traffic. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA 2021–0414 in the Federal Register 

(86 FR 29531; June 2, 2021), revoking 

Colored Federal airway R–4 in central 

Alaska. Interested parties were invited 

to participate in this rulemaking effort 

by submitting written comments on the 

proposal. No comments were received. 

Colored Federal Airways are 

published in paragraph 6009(b) of FAA 

Order JO 7400.11F dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Colored Federal airway 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic service routes, 

and reporting points. 

The Rule 

This action amends 14 CFR part 71 to 

revoke Colored Federal airway R–4, due 

to the decommissioning of BCC NDB. 

The change is outlined below. 

R–4: R–4 currently navigates between 

the Chena, AK, NDB and the Bear Creek, 

AK, NDB. This action removes the 

entire route. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

airspace action of revoking Colored 

Federal airway R–4 in central Alaska 

qualifies for categorical exclusion under 

the National Environmental Policy Act 

(42 U.S.C. 4321 et seq.) and its 

implementing regulations at 40 CFR part 

1500, and in accordance with FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 5– 

6.5a, which categorically excludes from 

further environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. Accordingly, 

the FAA has determined that no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment or 

environmental impact study. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 is 

amended to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p.389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6009(b) Colored Federal 

Airways. 

* * * * * 

R–4 [Remove] 

* * * * * 

Issued in Washington, DC. 

Michael R. Beckles, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–20578 Filed 9–22–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Part 122 

[CBP Dec. 21–14] 

Technical Amendment To List of User 

Fee Airports: Addition of Three 

Airports, Removal of Two Airports 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security (DHS). 

ACTION: Final rule; technical 

amendment. 


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52824 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Rules and Regulations 

1For 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). 

2A 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). 

3Sections 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). 

4Then-Commissioner Kevin K. McAleenan 

signed MOAs designating Witham Field Airport on 

November 5, 2018, and Fort Worth Meacham 

International Airport on August 29, 2017. ThenActing Commissioner Mark A. Morgan signed an 

MOA designating Plattsburgh International Airport 

on August 28, 2019. 

SUMMARY: This document amends U.S. 

Customs and Border Protection (CBP) 

regulations by revising 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 

that do not qualify for designation as 

international or landing rights airports. 

Specifically, this technical amendment 

reflects the designation of user fee status 

for three additional airports: Witham 

Field Airport in Stuart, Florida; 

Plattsburgh International Airport in 

Plattsburgh, New York; and Fort Worth 

Meacham International Airport in Fort 

Worth, Texas. This document also 

amends CBP regulations by removing 

the designation of user fee status for two 

airports: Griffiss International Airport in 

Rome, New York, and Cobb County 

International Airport in Kennesaw, 

Georgia. 

DATES: Effective date: September 23, 

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, the pilot of a 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 that desire 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, 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 the Commissioner of 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 the Commissioner of CBP in 

providing customs services at the user 

fee airport, including the salary and 

expenses of CBP employees to provide 

the customs services. See 19 U.S.C. 58b. 

The Commissioner of CBP designates 

airports as user fee airports in 

accordance with 19 U.S.C. 58b and 19 

CFR 122.15. The Commissioner 

designates user fee airports on a case-bycase basis. 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 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 be 

paid 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 Changes Requiring Updates to 

the List of User Fee Airports 

This document updates the list of user 

fee airports in 19 CFR 122.15(b) by 

adding the following three airports: 

Witham Field Airport in Stuart, Florida; 

Plattsburgh International Airport in 

Plattsburgh, New York; and Fort Worth 

Meacham International Airport in Fort 

Worth, Texas. The Commissioner of 

CBP has signed MOAs with the 

respective airport authorities 

designating each of these three airports 

as a user fee airport.4

Additionally, this document updates 

the list of user fee airports in 19 CFR 

122.15(b) by removing two airports: 

Griffiss International Airport in Rome, 

New York, and Cobb County 

International Airport in Kennesaw, 

Georgia. After the airport authority of 

Griffiss International Airport requested 

to terminate its user fee status on 

August 5, 2020, the airport authority 

and CBP mutually agreed to terminate 

the user fee status of Griffiss 

International Airport effective on 

October 10, 2020. The airport authority 

of Cobb County International Airport 

requested to terminate its user fee status 

on July 1, 2020, and the airport 

authority and CBP mutually agreed to 

terminate the user fee status of Cobb 

County International Airport effective 

on October 10, 2020. 

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 conforming changes by updating 

the list of user fee airports to add three 

airports that have already been 

designated by the Commissioner of CBP 

as user fee airports and by removing two 

airports for which the Commissioner 

has withdrawn the user fee airport 

designation, 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 


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Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Rules and Regulations 52825 

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 

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. 

* * * * * 

■ 2. In § 122.15, amend the table in 

paragraph (b) as follows: 

■ a. Add a second entry for ‘‘Fort Worth, 

Texas’’ immediately following the 

existing entry for ‘‘Fort Worth, Texas’’; 

■ b. Remove the entry for ‘‘Kennesaw, 

Georgia’’; 

■ c. Add an entry for ‘‘Plattsburgh, New 

York’’ in alphabetical order; 

■ d. Remove the entry for ‘‘Rome, New 

York’’; and 

■ e. Add an entry for ‘‘Stuart, Florida’’ 

in alphabetical order. 

The additions read as follows: 

§ 122.15 User fee airports. 

* * * * * 

(b) * * * 

Location Name 

*******

Fort Worth, Texas ........................... Fort Worth Meacham International Airport. 

*******

Plattsburgh, New York .................... Plattsburgh International Airport. 

*******

Stuart, Florida .................................. Witham Field Airport. 

*******

* * * * * 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2021–20518 Filed 9–22–21; 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–2020–0007; T.D. TTB– 

172A; Ref: T.D. TTB–172 and Notice No. 

192] 

RIN 1513–AC55 

Modification of the Boundaries of the 

Santa Lucia Highlands and Arroyo 

Seco Viticultural Areas; Correction 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision; 

correction. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) published a 

final rule modifying the boundaries of 

the Santa Lucia Highlands viticultural 

area and the adjacent Arroyo Seco 

viticultural area in the Federal Register 

of August 25, 2021. That final rule 

contained an error in an amendatory 

instruction. This document corrects that 

error. 

DATES: Effective September 24, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Karen A. Thornton, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW, Box 12, Washington, DC 20005; 

phone 202–453–1039, ext. 175. 

SUPPLEMENTARY INFORMATION: TTB 

recently published a final rule 

modifying the boundaries of the 

established Arroyo Seco American 

viticultural area (AVA) and the adjacent, 

established Santa Lucia Highlands AVA 

in Monterey County, California. TTB 

published this final rule as T.D. TTB– 

172. After publication, TTB discovered 

that T.D. TTB–172 contained an error in 

one of the amendatory instructions. In 

amendatory instruction 2b, the phrase 

‘‘Redesignating paragraphs (c)(14) 

through (21) as paragraphs (c)(17) 

through (24)’’ should have read, 

‘‘Redesignating paragraphs (c)(14) 

through (22) as paragraphs (c)(17) 

through (25).’’ 

Corrections 

In the final rule document numbered 

FR Doc. 2021–18208 beginning on page 

47377 in the Federal Register issue of 

Wednesday, August 25, 2021, make the 

following correction: 

§ 9.59 [Corrected] 

■ On page 47379, in the second column, 

in the amendatory instructions for 

§ 9.59, amendatory instruction 2b is 

corrected to read, ‘‘Redesignating 

paragraphs (c)(14) through (22) as 

paragraphs (c)(17) through (25).’’ 

Signed: September 16, 2021. 

Mary G. Ryan, 

Administrator. 

[FR Doc. 2021–20437 Filed 9–22–21; 8:45 am] 

BILLING CODE 4810–31–P 


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