[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Proposed Rules]
[Page 47151-47152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-30]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Part 101
[DHS-2005-0004]
Closing of the Port of Noyes, Minnesota, and Extension of the
Limits of the Port of Pembina, ND
AGENCY: Customs and Border Protection; Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to close the port of entry of Noyes,
Minnesota, and extend the limits of the port of entry of Pembina, North
Dakota, to include the rail facilities located at Noyes. The proposed
closure and extension are the result of the 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.
DATES: Comments must be received on or before October 11, 2005.
ADDRESSES: Comments, identified by docket number DHS-2005-0004, may be
submitted by one of the following methods:
EPA Federal Partner EDOCKET Web site: http://www.epa.gov/feddocket.
Follow instructions for submitting comments on the Web site.
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Comments by mail are to be addressed to the Bureau of Customs
and Border Protection, Office of Regulations and Rulings, Regulations
Branch, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC
20229. Submitted comments by mail may be inspected at the Bureau of
Customs and Border Protection at 799 9th Street, NW., Washington, DC.
To inspect comments, please call (202) 572-8768 to arrange for an
appointment.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
http://www.epa.gov/feddocket, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field
Operations, (202) 344-2776.
SUPPLEMENTARY INFORMATION:
Background
Closing of Port of Noyes
Customs ports of entry are locations where Customs and Border
Protection (CBP) officers and employees are assigned to accept entries
of merchandise, clear passengers, collect duties, and enforce the
various provisions of customs, border protection, and related laws. The
list of designated CBP ports of entry is set forth in 19 CFR
101.3(b)(1).
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 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. 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 is proposing for the Port of Pembina to
assume responsibility for processing this workload. If the Port of
Noyes is closed, a CBP inspector from the Port of Pembina will continue
to process the workload associated with trains as they arrive at Noyes.
Other traffic will utilize the Port of Pembina. The Port of Noyes is
currently staffed with one full-time CBP inspector and supports the
facility needs of seven Border Patrol agents and three Immigration and
Customs Enforcement (ICE) agents. CBP is proposing that the office
facility continue to be used to support the needs of those agents once
the port has been closed. 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.
Extension of Port of Pembina Limits
CBP is proposing to extend 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.
As mentioned above, CBP is proposing to continue to process the
workload associated with trains as they arrive at Noyes.
Proposed Amendments to CBP Regulations
If the proposed closure of the Port of Noyes and extension of the
Port of Pembina are adopted, CBP will amend 19 CFR 101.3(b)(1) to
reflect these changes.
Authority
These changes are proposed pursuant to 5 U.S.C. 301 and 19 U.S.C.
2, 66 and 1624, and the Homeland Security Act of 2002, Pub. L. 107-296
(November 25, 2002).
Congressional Notification
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).
Executive Order 12866 and the Regulatory Flexibility Act
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. The Office of
Management and Budget has determined that this regulatory proposal is
not a significant regulatory action as defined under Executive Order
12866. This proposed rule also will not have significant economic
impact on a substantial number of small entities. Accordingly, it is
certified 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).
Signing Authority
The signing authority for this document falls under 19 CFR 0.2(a)
[[Page 47152]]
because this port closure and port limit extension are not within the
bounds of those regulations for which the Secretary of the Treasury has
retained sole authority. Accordingly, the notice of proposed rulemaking
may be signed by the Secretary of Homeland Security (or his or her
delegate).
Comments
Before adopting this proposed regulation as a final rule,
consideration will be given to any written comments timely submitted to
CBP. Comments submitted will be available for public inspection in
accordance with the Freedom of Information Act (5 U.S.C. 552) and 19
CFR 103.11(b) on normal business days between the hours of 9 a.m. and
4:30 p.m. at the Regulations Branch, Office of Regulations and Rulings,
Bureau of Customs and Border Protection, 799 9th Street, NW., 5th
Floor, Washington, DC. Arrangements to inspect submitted comments
should be made in advance by calling Mr. Joseph Clark at (202) 572-
8768.
Dated: March 24, 2005.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
Dated: August 4, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-16008 Filed 8-11-05; 8:45 am]
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