Customs and Border Protection; DHS.
This document amends Department of Homeland Security regulations pertaining to the Bureau of Customs and Border Protection's field organization by establishing a new port of entry in the Tri-Cities area of the States of Tennessee and Virginia, including the Tri-Cities Regional Airport. The new port of entry includes the same geographical boundaries of the current Customs and Border Protection User Fee Port No. 2082, which encompasses Sullivan County, Tennessee; Washington County, Tennessee; and Washington County, Virginia. The user-fee status of Tri-Cities Regional Airport, located in Blountville, Tennessee, is terminated. These changes will assist the Bureau of Customs and Border Protection in its continuing efforts to provide better service to carriers, importers and the general public.
Effective Date: June 15, 2006.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Dennis Dore, Office of Field Operations, 202-344-2776.End Further Info End Preamble Start Supplemental Information
In a Notice of Proposed Rulemaking published in the Federal Register (70 FR 43808) on July 29, 2005, the Department of Homeland Security (DHS), Bureau of Customs and Border Protection (CBP), proposed to amend 19 CFR 101.3(b)(1) by establishing a new port of entry at Tri-Cities Regional Airport and the area which it services in the states of Tennessee and Virginia. The new port of entry was proposed to include the same geographical boundaries of the current CBP User Fee Port No. 2082, which encompasses Sullivan County, Tennessee; Washington County, Tennessee; and Washington County, Virginia. The boundaries were also to include Tri-Cities Regional Airport, located in Blountville, Tennessee, which currently operates, and is listed, as a user-fee airport at 19 CFR 122.15(b).
CBP proposed the establishment of the new port of entry because the Tri-Cities area satisfies the current criteria for port of entry designations as set forth in Treasury Decision (T.D.) 82-37 (Revision of Customs Criteria for Establishing Ports of Entry and Stations, 47 FR 10137), as revised by T.D. 86-14 (51 FR 4559) and T.D. 87-65 (52 FR 16328). Under these criteria, CBP evaluates whether there is a sufficient volume of import business (actual or potential) to justify the expense of maintaining a new office or expanding service at an existing location. The proposed rule set forth how the Tri-Cities area meets the criteria.
Analysis of Comments and Conclusion
CBP did not receive any comments in response to the Notice of Proposed Rulemaking. As CBP continues to believe that the establishment of a new port of entry at Tri-Cities Regional Airport, and the area which it services in the states of Tennessee and Virginia, will assist CBP in its continuing efforts to provide better service to carriers, importers and the general public, CBP is Start Printed Page 28262establishing the new port of entry as proposed and Tri-Cities Regional Airport will lose its status as a user-fee airport. The change of status for Tri-Cities Regional Airport from a user-fee airport to inclusion within the boundaries of a port of entry will subject the airport to the passenger processing fee provided for at 19 U.S.C. 58c(a)(5)(B).
Description of the New Port of Entry Limits
The geographical limits of the Tri-Cities, TNNA, port of entry are as follows:
The contiguous outer boundaries of Sullivan County, Tennessee; Washington County, Tennessee; and Washington County, Virginia.
The Regulatory Flexibility Act and Executive Order 12866
With DHS approval, CBP establishes, expands and consolidates CBP ports of entry throughout the United States to accommodate the volume of CBP-related activity in various parts of the country. This final rule is not a significant regulatory action within the meaning of Executive Order 12866. This action also will not have a significant economic impact on a substantial number of small entities. Accordingly, DHS certifies that this document is not subject to the additional requirements of the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The signing authority for this document falls under 19 CFR 0.2(a) because the establishment of a new port of entry and the termination of the user-fee status of an airport are not within the bounds of those regulations for which the Secretary of the Treasury has retained sole authority. Accordingly, this final rule may be signed by the Secretary of Homeland Security (or his or her delegate).Start List of Subjects
List of Subjects
- Customs duties and inspection
- Customs ports of entry
- Organization and functions (Government agencies)
End List of Subjects
Amendments to CBP RegulationsStart Amendment Part
For the reasons set forth above, part 101, CBP Regulations (End Amendment Part Start Part
PART 101—GENERAL PROVISIONSEnd Part Start Amendment Part
1. The general authority citation for part 101 and the specific authority citation for § 101.3 continue to read as follows:End Amendment Part
Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
2. The list of ports in § 101.3(b)(1) is amended by adding, in alphabetical order under the state of Tennessee, “Tri-Cities, TN/VA” in the “Ports of entry” column and “CBP Dec. 06-14” in the “Limits of Port” column.End Amendment Part Start Part
PART 122—AIR COMMERCE REGULATIONSEnd Part Start Amendment Part
1. The general authority for part 122 continues to read as follows:End Amendment Part
2. The list of user fee airports atEnd Amendment Part Start Signature
Dated: May 9, 2006.
[FR Doc. 06-4535 Filed 5-15-06; 8:45 am]
BILLING CODE 9111-14-P