[Federal Register: July 12, 2004 (Volume 69, Number 132)]
[Rules and Regulations]
[Page 41749-41750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy04-2]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
19 CFR Part 101
[CBP Dec. 04-22]
Extension of Port Limits of Memphis, TN
AGENCY: Customs and Border Protection, Homeland Security.
ACTION: Final rule.
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SUMMARY: This document adopts as a final rule, a proposed extension of
the port limits of the port of Memphis, Tennessee, to include all of
the territory within the limits of DeSoto County, northern Mississippi.
The port extension is being proposed in order to facilitate economic
development in northern Mississippi, and to provide convenience and
improved service to carriers, importers, and the general public.
EFFECTIVE DATE: August 11, 2004.
FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field
Operations, (202) 927-6871.
[[Page 41750]]
SUPPLEMENTARY INFORMATION:
Background
The current port limits of Memphis, Tennessee are described in
Treasury Decision (T.D.) 84-126, signed May 14, 1984, and published in
the Federal Register (49 FR 22629) on May 31, 1984, as encompassing the
corporate limits of the city of Memphis, Tennessee and all the
territory within the limits of Shelby County, Tennessee.
Recently, northern Mississippi has experienced marked business
expansion and population growth. Currently, businesses located in
northern Mississippi utilize the nearest port of entry at Memphis,
Tennessee, and the port limits of Memphis do not extend beyond the
Tennessee border.
In order to facilitate economic development in northern
Mississippi, and provide convenience and improved service to carriers,
importers, and the general public, Customs and Border Protection (CBP),
in a document published in the Federal Register (69 FR 2092) on January
14, 2004, proposed to extend the port limits of the port of Memphis,
Tennessee, to include all of the territory within the limits of DeSoto
County, northern Mississippi. The document proposed to amend Sec.
101.3(b)(1) of the CBP Regulations if a determination was made to
proceed with the expansion of the port limits.
Adoption of Proposal as Final Rule
Comments on the proposed amendment to the CBP Regulations were
solicited. Five comments were submitted within the designated comment
period. Each of the comments supported the proposed extension of the
port limits and agreed that it will facilitate economic development in
northern Mississippi. Upon further consideration of the matter, CBP has
decided to adopt the proposal as published on January 14, 2004.
New Port Limits of the Port of Memphis, Tennessee
Accordingly, CBP is amending Sec. 101.3(b)(1) of the CBP
Regulations to reflect that the new limits of the port of entry of
Memphis, Tennessee are as follows:
The corporate limits of Memphis, Tennessee and all of the territory
within the limits of Shelby County, Tennessee and DeSoto County,
Mississippi.
Authority
This change is being made under the authority of 5 U.S.C. 301 and
19 U.S.C. 2, 66 and 1624.
Regulatory Flexibility Act and Executive Order 12866
Although CBP solicited public comments, notice and public procedure
was not required pursuant to 5 U.S.C. 553 because this document relates
to agency management and organization. Accordingly, this document is
not subject to the provisions of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The Office of Management and Budget has determined
this rule to be non-significant under Executive Order 12866.
Drafting Information
The principal author of this document is Kevin J. Fandl, Attorney,
Office Regulations and Rulings, Customs and Border Protection. However,
personnel from other Bureau offices participated in its development.
List of Subjects in 19 CFR Part 101
Customs duties and inspection, Organization and functions
(Government agencies), Customs ports of entry, Exports, Imports.
Amendment to the Regulations
0
For the reasons stated above, part 101 of the CBP Regulations (19 CFR
part 101) is amended as follows:
PART 101--GENERAL PROVISIONS
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1. The general authority citation for part 101 and specific authority
provision for Sec. 101.3 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 23,
Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a.
Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *
Sec. 101.3 [Amended]
0
2. In the list of ports table in Sec. 101.3(b)(1), under the state of
Tennessee, in the ``Limits of port'' column adjacent to ``Memphis'' in
the ``Ports of entry'' column, remove the entry ``(Restated in T.D. 84-
126)'' and add in its place ``CBP Dec. 04-22''.
Dated: July 6, 2004.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
Tom Ridge,
Secretary, Department of Homeland Security.
[FR Doc. 04-15680 Filed 7-9-04; 8:45 am]
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