21586 Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Proposed Rules 

(vi) The procedures for filing an 

answer and requesting a mitigation 

meeting, including the date by which 

the answer must be received and the 

address to which it may be submitted; 

and 

(vii) A statement that in the absence 

of a timely filed answer, the proposed 

debarment will become final 30 days 

after service of the notice of intent to 

debar. 

(3) Service. The notice of intent to 

debar will be served by a method that 

demonstrates receipt, such as certified 

mail with return receipt or express 

courier delivery, by the entity identified 

in the notice of violation received from 

the Secretary of Labor. The date of 

service is the date of receipt. 

(c) Answer; request for mitigation 

meeting—(1) General. Any entity upon 

which the notice has been served, or its 

authorized representative, may file with 

CBP an answer that indicates the 

specific reasons why the proposed 

debarment should be mitigated and 

whether a mitigation meeting is 

requested. CBP must receive the answer 

within 30 days from the date of service 

of the notice of intent to debar. 

(2) Procedures—(i) Form. The answer 

must be dated, typewritten or legibly 

written, signed under oath, and include 

the address at which the entity or its 

authorized representative desires to 

receive further communications. CBP 

may require that the answer and any 

supporting documentation be in English 

or be accompanied by an English 

translation certified by a competent 

translator. 

(ii) Supporting documentation 

required. In addition to an answer, any 

entity responding to a notice of intent to 

debar must submit documentary 

evidence in support of any request for 

mitigation and may file a brief in 

support of any arguments made. The 

entity may present evidence in support 

of any request for mitigation at a 

mitigation meeting. 

(iii) Mitigation meeting. A mitigation 

meeting will be conducted if requested 

by the entity subject to the proposed 

debarment in accordance with the 

requirements of this section, or if 

directed at any time by CBP. 

(iv) Good cause extension. CBP, in its 

discretion, may extend the deadline for 

filing an answer up to an additional 30 

days from the original receipt of CBP’s 

notice upon a showing of good cause. 

Upon receipt of a request to extend the 

deadline for filing an answer, CBP will 

respond to the request for an extension 

within 5 business days by certified mail 

or express courier. 

(d) Disposition of case—(1) No 

response filed or allegations not 

contested. If no answer is timely filed or 

the answer admits the allegations in the 

notice of intent to debar and does not 

request mitigation or a mitigation 

meeting, the proposed debarment 

specified in the notice of intent to debar 

automatically will become a final order 

of debarment 30 days after service of the 

notice of intent to debar. If CBP grants 

a good cause extension pursuant to 

paragraph (c)(2)(iv) of this section, and 

no answer is timely filed, the proposed 

debarment automatically will become a 

final order of debarment when the time 

for filing an answer expires. 

(2) Answer filed; mitigation meeting 

requested. If an answer is timely filed 

that requests mitigation and/or a 

mitigation meeting, CBP will determine 

a final debarment in accordance with 

paragraph (e) of this section. 

(3) Unavailability of appeal. The final 

order of debarment is not subject to 

appeal. 

(4) Notice of final order of debarment. 

(i) CBP will issue to the entity subject 

to the debarment a final order of 

debarment in writing. 

(ii) CBP will send notice, by certified 

mail or express courier, to all interested 

parties, including the relevant U.S. ports 

of entry, that the entity subject to the 

debarment is debarred and stating the 

terms of the debarment. 

(e) Debarment—(1) Generally. In 

determining a proposed debarment and 

a final debarment, CBP will consider the 

information received from the Secretary 

of Labor, any evidence or arguments 

timely presented by the entity subject to 

the debarment, and any other relevant 

factors. 

(2) Other relevant factors. Other 

relevant factors include, but are not 

limited to, the following: 

(i) The previous history of violations 

of any provision of the INA by the entity 

subject to the debarment; 

(ii) The number of U.S. workers 

adversely affected by the violation; 

(iii) The gravity of the violation; 

(iv) The efforts made by the entity 

subject to the debarment to comply in 

good faith with the regulatory and 

statutory requirements governing 

performance of longshore work by 

nonimmigrant crewmen; 

(v) The remedial efforts by the entity 

subject to the debarment; 

(vi) The commitment to future 

compliance by the entity subject to the 

debarment; 

(vii) The extent of cooperation with 

the investigation by the entity subject to 

the debarment; 

(viii) The extent of financial gain/loss 

to the entity subject to the debarment 

due to the violation; and 

(ix) The potential financial loss, 

injury, or adverse effect to other parties, 

including U.S. workers, likely to result 

from the debarment. 

(f) Notice of completion of debarment. 

Upon completion of any debarment, 

CBP will send notice, by certified mail 

or express courier, to all interested 

parties, including the entity subject to 

the debarment, and the relevant U.S. 

ports of entry, that the entity subject to 

the debarment has completed the 

debarment and is once again permitted 

to enter U.S. ports. 

(g) Record. CBP will keep a record of 

the debarment proceedings which 

includes, but is not limited to, the 

materials exchanged between CBP and 

the parties. Records will be retained in 

accordance with CBP’s Records 

Retention Schedule and Freedom of 

Information Act. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–07774 Filed 4–11–22; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0253; Airspace 

Docket No. 21–ANM–09] 

RIN 2120–AA66 

Proposed Amendment of Class E 

Airspace; Coeur D’Alene—Pappy 

Boyington Field, ID 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

modify the Class E surface airspace, and 

the Class E airspace extending upward 

from 700 feet above the surface at Coeur 

D’Alene—Pappy Boyington Field, ID. 

These airspace modifications support 

the addition of the RNAV GPS RWY 2 

Instrument Approach Procedure (IAP, 

and the removal of the VOR/DME RWY 

2 IAP at the airport). Additionally, this 

action proposes updates to the legal 

description. The Airport’s location and 

use of the term ‘‘Notice to Airmen’’ are 

not correct and will require 

modification. These actions will ensure 

the safety and management of IFR 

operations at the airport. 

DATES: Comments must be received on 

or before May 27, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Proposed Rules 21587 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: 1– 

800–647–5527, or (202) 366–9826. You 

must identify FAA Docket No. FAA– 

2022–0253; Airspace Docket No. 21– 

ANM–09, at the beginning of your 

comments. You may also submit 

comments through the internet at 

https://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Nathan A. Chaffman, Federal Aviation 

Administration, Western Service Center, 

Operations Support Group, 2200 S 

216th Street, Des Moines, WA 98198; 

telephone (206) 231–3460. 

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 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 would 

modify Class E airspace at Coeur 

D’Alene—Pappy Boyington Field, ID, to 

support IFR operations at the airport. 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Persons wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2022–0253; Airspace 

Docket No. 21–ANM–09’’. The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 2200 S 

216th Street, Des Moines, WA 98198. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

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 Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 by modifying Class E 

surface airspace and Class E airspace 

extending upward from 700 feet above 

the surface at Coeur D’Alene—Pappy 

Boyington Field, ID. 

The area north of the airport requires 

additional airspace to properly contain 

departures due to rising terrain 

adjoining the Class E surface area in the 

northeast. The FAA proposes to widen 

and extend both the Class E surface area 

and Class E airspace extending upward 

from 700 feet above the surface to 

properly contain departures to points 

700 feet above the surface and 1,200 feet 

above the surface, respectively. 

Furthermore, the FAA proposes to 

modify the Class E airspace south of the 

airport. Both the current southern 

extension to the Class E surface area and 

the Class E airspace extending upward 

from 700 feet require modification to 

properly contain the 1,000 foot and 

1,500 foot points of the RNAV GPS 

RWY 2 IAP, respectively. 

Additionally, the FAA proposes to 

modify the Class E airspace extending 

upward from 700 feet west of the airport 

to better contain the 1,500 foot point of 

the RNAV GPS RWY 6 IAP, and to 

account for rising terrain west of the 

airport. 

Finally, the FAA proposes to make 

administrative changes to the current 

legal descriptions. The Class E airspace 

extending from 700 feet above the 

surface is defined on line 1 of the 

current description to be located in 

‘‘WA’’ State, and requires amendment to 

show the correct State, annotated as 

‘‘ID.’’ Additionally, the legal description 

of the Class E airspace defined as a 

surface area uses the phrase ‘‘Notice to 

Airmen.’’ This should be amended to 

read ‘‘Notice to Air Missions’’ to match 

the FAA’s current definition of 

‘‘NOTAM.’’ 

Class E2 and E5 airspace designations 

are published in paragraphs 6002 and 

6005, respectively, 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 Class E airspace designations 

listed in this document will be 

published subsequently in FAA Order 

JO 7400.11. 

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, is non-controversial, and 

unlikely to result in adverse or negative 

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

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 


khammond on DSKJM1Z7X2PROD with PROPOSALS
21588 Federal Register / Vol. 87, No. 70 / Tuesday, April 12, 2022 / Proposed Rules 

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 will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 14 CFR 

part 71 continues 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 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

ANM ID E2 Coeur D’Alene, ID [Amended] 

Coeur D’Alene—Pappy Boyington Field 

(Lat. 47°46′28′′ N, long. 116°49′11′′ W) 

That airspace within a 4.4-mile radius of 

the Coeur D’Alene—Pappy Boyington Field, 

and within 1 mile each side of the 193° 

bearing extending from the 4.4-mile radius to 

5.5 miles south of the airport, and that 

airspace 1.5 miles west and 3.5 miles east of 

the 019° bearing extending from the 4.4-mile 

radius to 5.2 miles northeast of the airport. 

This Class E airspace is effective during the 

specific dates and times established in 

advance by a Notice to Air Missions. The 

effective date and time will thereafter be 

continuously published in the Chart 

Supplement. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM ID E5 Coeur D’Alene, ID [Amended] 

Coeur D’Alene—Pappy Boyington Field 

(Lat. 47°46′28′′ N, long. 116°49′11′′ W) 

That airspace within a 4.4-mile radius of 

the Coeur D’Alene—Pappy Boyington Field, 

and within 2.2 miles each side of the 193° 

bearing from the airport extending from the 

4.4-mile radius to 9 miles south of the 

airport, and that airspace 4.4 miles each side 

of the 251° bearing from the Coeur D’Alene— 

Pappy Boyington Field extending from the 

4.4-mile radius to 16 miles west of the airport 

and that airspace 1.8 miles west and 4 miles 

east of the 013° bearing from the Coeur 

D’Alene—Pappy Boyington Field extending 

from the 4.4-mile radius to 8.5 miles 

northeast from the airport. 

Issued in Des Moines, Washington, on 

April 5, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–07745 Filed 4–11–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–384] 

RIN 1117–AB75 

Schedules of Controlled Substances; 

Exempted Prescription Products 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration proposes to revoke the 

exempted prescription product status 

for all butalbital products previously 

granted exemptions. Upon publication 

of a final rule, these products shall 

become subject to all schedule III 

controls under the Controlled 

Substances Act. If finalized, this action 

would impose the regulatory controls 

and administrative, civil, and criminal 

sanctions applicable to schedule III 

controlled substances on persons who 

handle (manufacture, distribute, import, 

export, engage in research, conduct 

instructional activities or chemical 

analysis, or possess) or propose to 

handle butalbital products. This 

rulemaking also proposes to make 

changes to our regulations to clarify that 

DEA may revoke ‘‘(either individually 

or categorically)’’ any previously 

granted exemptions, and adds 

regulations to clarify that products 

exempted from application of all or any 

part of the Controlled Substances Act 

are listed in the Table of Exempted 

Prescription Products available on the 

DEA Diversion Control website (https:// 

www.deadiversion.usdoj.gov/). 

DATES: Comments must be submitted 

electronically or postmarked on or 

before May 12, 2022. 

ADDRESSES: Interested persons may file 

written comments on this proposal in 

accordance with 21 CFR 1308.43(g). 

Commenters should be aware that the 

electronic Federal Docket Management 

System will not accept comments after 

11:59 p.m. Eastern Time on the last day 

of the comment period. To ensure 

proper handling of comments, please 

reference ‘‘Docket No. DEA–384’’ on all 

correspondence, including any 

attachments. 

• Electronic comments: The Drug 

Enforcement Administration (DEA) 

encourages that all comments be 

submitted electronically through the 

Federal eRulemaking Portal, which 

provides the ability to type short 

comments directly into the comment 

field on the web page or to attach a file 

for lengthier comments. Please go to 

https://www.regulations.gov and follow 

the online instructions at that site to 

submit comments. Upon completion of 

your submission, you will receive a 

Comment Tracking Number. Please be 

aware that submitted comments are not 

instantaneously available for public 

view on Regulations.gov. If you have 

received a Comment Tracking Number, 

you have successfully submitted your 

comment, and there is no need to 

resubmit the same comment. 

• Paper comments: Paper comments 

that duplicate the electronic submission 

are not necessary. Should you wish to 

mail a paper comment in lieu of an 

electronic comment, send via regular or 

express mail to: Drug Enforcement 

Administration, Attn: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Ph.D., Chief (DOE), 

Diversion Control Division, Drug 

Enforcement Administration; 

Telephone: (202) 362–3249. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received in response to this docket are 

considered part of the public record. 

The Drug Enforcement Administration 

(DEA) will make comments available for 

public inspection online at https://

www.regulations.gov, unless reasonable 


khammond on DSKJM1Z7X2PROD with PROPOSALS