[Federal Register: November 21, 2006 (Volume 71, Number 224)]
[Proposed Rules]
[Page 67313-67315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no06-14]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Parts 101 and 122
[USCBP-2006-0091]
Extension of Port Limits of Dayton, OH, and Termination of the
User-Fee Status of Airborne Airpark in Wilmington, OH
AGENCY: Bureau of Customs and Border Protection, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice of proposed rulemaking proposes to amend
Department of Homeland Security (DHS) regulations pertaining to the
Bureau of Customs and Border Protection's (CBP's) field organization by
extending the geographic limits of the port of Dayton, Ohio, to include
the Airborne Airpark in Wilmington, Ohio. The proposed extension of the
port limits of Dayton, Ohio, is due to the closing of express
consignment operations at Dayton International Airport, and the
expansion of express consignment operations at Airborne Airpark,
located in Wilmington, Ohio. The user-fee status of Airborne Airpark
would be terminated. The proposed change is part of CBP's continuing
program to more efficiently utilize its personnel, facilities, and
resources, and to provide better service to carriers, importers, and
the general public.
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DATES: Comments must be received on or before January 22, 2007.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2006-0091.
Mail: Border Security Regulations Branch, Office of
Regulations and Rulings, Bureau of Customs and Border Protection, 1300
Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Office of Regulations and Rulings, Bureau
of Customs and Border Protection, 799 9th Street, NW., Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Mr. Joseph Clark at (202) 572-8768.
FOR FURTHER INFORMATION CONTACT: Michael Captain, Office of Field
Operations, 202-344-2804.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. CBP also invites comments that relate to the economic,
environmental, or federalism effects that might result from this
proposed rule. Comments that will provide the most assistance to CBP in
developing these procedures will reference a specific portion of the
proposed rule, explain the reason for any recommended change, and
include data, information, or authority that support such recommended
change.
Background
CBP ports of entry are places (seaports, airports, or land border
ports) designated by the Secretary of Homeland Security where CBP
officers or employees are assigned to accept entries of merchandise,
clear passengers where appropriate, collect duties, and enforce the
various provisions of customs and related laws. To facilitate the
various duties of CBP, the organizational structure of CBP must, from
time to time, be amended to respond to changing demands of the
importing/exporting community.
There have been two express consignment operations in the Dayton
area: Menlo Worldwide Forwarding/Emery at Dayton International Airport
(DAY) and Airborne Express at Airborne Airpark (ILN) in Wilmington,
Ohio. The Menlo Worldwide Forwarding/Emery operation is within the Port
of Dayton at the north edge of the current port boundaries, and
Airborne Airpark is southeast of the current boundaries in Wilmington,
Ohio. UPS purchased Menlo Worldwide Forwarding, shut down the Emery
operation at Dayton International Airport, and has moved the work to
their hub located in Louisville, Kentucky. DHL Express (USA) has
purchased Airborne Express and has shut down the DHL operations in
Cincinnati-Northern Kentucky Airport (CVG) in Covington, Kentucky. DHL
Express (USA) is opening a new, much larger combined operation at
Airborne Airpark. These changes in operations will result in an
increase in the demand for CBP services at the Airborne Airpark.
In response to these changes, CBP is proposing to amend 19 CFR
101.3(b)(1) by extending the port limits of the Port of Dayton to
include the Airborne Airpark, which is currently listed as ``Wilmington
Airport'' in the list of user-fee airports at 19 CFR 122.15(b) (note
that the regulations currently refer to the airport as ``Wilmington
Airport'' rather than the correct ``Airborne Airpark''). If the
proposed port limits are adopted, CBP would relocate the CBP Dayton
Port office from its current location at the Dayton International
Airport to a new location near the new DHL operation at Airborne
Airpark. CBP would also establish an adequately sized secure storage
facility in efficient proximity to Airborne Airpark. The proposed
changes are intended to allow for continued efficient operation and
supervision of CBP services at the DHL facility.
Airborne Airpark is currently a user fee airport. CBP services at a
user fee airport are not paid for out of appropriations from the
general treasury of the United States. Instead, these services are
provided on a fully reimbursable basis to be paid for by the airport on
behalf of the recipients of the services. The airport pays for CBP
services and then seeks reimbursement from the actual users of those
services.
If this proposal is adopted, the Commissioner of CBP would
terminate the user fee status of Airborne Airpark and remove the
listing ``Wilmington Airport'' from the user fee list in 19 CFR
122.15(b), because the facility would be included in the boundaries of
the Port of Dayton. As a result of the termination of the user fee
status of Airborne Airpark, the system of reimbursable fees for
Airborne Airpark would be discontinued. This proposed change of status
for Airborne Airpark from a user fee airport to inclusion within the
boundaries of a port of entry would subject the airport to the
passenger processing fee provided for at 19 U.S.C. 58c(a)(5)(B). This
fee is collected by CBP and paid into the United States treasury. CBP
services would be paid for out of appropriations from the general
treasury.
Current Port Limits of Dayton, Ohio
The current port limits of Dayton, Ohio, as described in Treasury
Decision (T.D.) 76-77 of March 3, 1976, include the territory within
the city limits of Dayton, Ohio, as well as the territory within the
township limits of the adjacent townships of Butler, Harrison, Wayne,
and Mad River, Ohio.
Proposed Port Limits of Dayton, Ohio
The proposed port limits for Dayton, as well as being expanded to
include the Airborne Airpark, substitute geographic information that is
readily identifiable by the public in lieu of sometimes difficult to
locate township boundaries. The geographic limits of the Port of Dayton
are proposed to be as follows:
Beginning at the point where Federal Interstate Highway 75 crosses
the Montgomery County--Miami County line; then west along the
Montgomery County line to the point where Frederick Pike intersects the
Montgomery County line; then south and east on Frederick Pike to the
intersection with Dixie Drive; then south to Keowee Street, then south
to Federal Interstate Highway 75 to the point where I-75 intersects the
Montgomery County--Warren County line; then east along the county line
(which becomes the Greene County--Warren County line) to the Clinton
County line; then south along the Clinton County line to the
intersection with Ohio State Route 350; then east on Route 350 to the
intersection with Ohio State Route 73; then north and west on Route 73
to the intersection with U.S. Route 22; then west along Route 22 to
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U.S. Highway 68; then north and west on U.S. 68 to the intersection
with U.S. Highway 35; then west and north on U.S. 35 to Interstate
Highway 675; then north and east on I-675 to the intersection with
Federal Interstate Highway 70; then west on I-70 to the intersection
with the Montgomery County line; and then north and west along the
Montgomery County line to the point of beginning.
Proposed Amendment to the Regulations
If the proposed port limits are adopted, the list of CBP ports of
entry at 19 CFR 101.3(b)(1) will be amended to reflect the new
boundaries of the Dayton, Ohio, port of entry and ``Wilmington
Airport'' will be deleted from the list of user-fee airports at 19 CFR
122.15(b).
Authority
This change is proposed under the authority of 5 U.S.C. 301 and 19
U.S.C. 2, 66 and 1624.
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 proposed
rule is not a significant regulatory action within the meaning of
Executive Order 12866. This proposed rule also will not have a
significant economic impact on a substantial number of small entities
as it merely expands the limits of an existing port of entry.
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)
because this port extension is 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 delegate).
Dated: November 14, 2006.
Michael Chertoff,
Secretary.
[FR Doc. E6-19631 Filed 11-20-06; 8:45 am]
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