Bureau of Customs and Border Protection; Department of Homeland Security.
This rule amends the Department of Homeland Security regulations pertaining to the field organization of the Bureau of Customs and Border Protection by closing the port of entry of Noyes, Minnesota, and extending the limits of the port of entry of Pembina, North Dakota, to include the rail facilities located at Noyes. The closure and extension are the result of Start Printed Page 33236the closure by the Canadian Customs and Revenue Agency of the Port of Emerson, Manitoba, Canada, which is located north of the Port of Noyes, and the close proximity of the Port of Noyes to the Port of Pembina.
Effective July 10, 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
On August 12, 2005, the Bureau of Customs and Border Protection (CBP) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (70 FR 47151) proposing to close the Port of Noyes, Minnesota, and extend the limits of the Port of Pembina, North Dakota, to include the rail facilities located at Noyes. The reason for the proposed rulemaking was that on June 8, 2003, the Canadian Customs and Revenue Agency closed the East Port of Emerson, Manitoba, Canada, which is located north of the Port of Noyes. The factors influencing their decision to close the Port of Emerson included the age of the facility, the close proximity of a port at Emerson West, declining workload, and resource considerations. The Port of Noyes, which is located two miles from the CBP Port of Pembina, processes on average three trucks, 50 vehicles, 154 passengers and three trains per day. CBP did not receive any comments on the NPRM.
As part of a continuing program to utilize more efficiently its personnel, facilities, and resources, and to provide better service to carriers, importers, and the public, CBP is closing the Port of Noyes and extending the limits of the Port of Pembina as proposed. CBP is extending the limits of the Port of Pembina to encompass the railroad yard located at Noyes, Minnesota, owned by the Canadian Pacific Railway and the Burlington Northern Santa Fe Railway. The Port of Pembina will assume responsibility for processing trains as they arrive at Noyes. However, other traffic must utilize the border crossing within the City of Pembina and will no longer be processed at Noyes. The office facility at Noyes will continue to be used to support the needs of several Border Patrol agents and Immigration and Customs Enforcement (ICE) agents. Security gates and surveillance cameras have also been installed at the Port of Noyes to ensure continued remote monitoring of that location by the Port of Pembina.
New Port Limits of the Port of Pembina, North Dakota
Accordingly, CBP is amending 19 CFR 101.3(b)(1) to reflect that the new limits of the port of entry of Pembina, North Dakota, are as follows:
City of Pembina, North Dakota, and the rail facilities located at Noyes, Minnesota.
On September 15, 2003, the Commissioner of CBP notified Congress of CBP's intention to close the Port of Noyes, Minnesota, fulfilling the congressional notification requirements of 19 U.S.C. 2075(g)(2) and section 417 of the Homeland Security Act (6 U.S.C. 217).
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 regulatory action will not have a significant economic impact on a substantial number of small entities. Accordingly, it is certified that this document is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
In addition, DHS and the Office of Management and Budget have determined that this final rule does not constitute a significant regulatory action as defined under Executive Order 12866.
The signing authority for this document falls under 19 CFR 0.2(a). Accordingly, the final rule is signed by the Secretary of Homeland Security.Start List of Subjects
List of Subjects in 19 CFR Part 101End List of Subjects
Amendment to the RegulationsStart Amendment Part
For the reasons set forth above,End Amendment Part Start Amendment Part
1. The general authority citation for part 101 continues to read and the specific authority citation for § 101.3 is revised to read as follows:End Amendment Part
Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
2. Amend § 101.3(b)(1) as follows:End Amendment Part Start Amendment Part
a. Under the state of Minnesota, remove the entry “Noyes” from the “Ports of entry” column and the corresponding entry “E.O. 5835, Apr. 13, 1932.” from the “Limits of port” column; andEnd Amendment Part Start Amendment Part
b. Under the state of North Dakota, adjacent to Pembina, add in the “Limits of port” column the citation “CBP Dec. 06-15”.End Amendment Part Start Signature
Dated: June 2, 2006.
[FR Doc. E6-8960 Filed 6-7-06; 8:45 am]
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