[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8088]
[[Page Unknown]]
[Federal Register: April 6, 1994]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 101 and 122
[T.D. 94-34]
Customs Service Field Organization; Santa Teresa, NM
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations governing the
Customs field organization by establishing Santa Teresa, New Mexico, as
a port of entry. The document also establishes the Santa Teresa
Airport, which is within the boundaries of the port of entry, as a
designated airport for the purposes of report of arrival and Customs
clearance. Currently, Santa Teresa is a temporary Customs station, and
Santa Teresa Airport is operating as a landing rights airport. Because
of the traffic in the area which already exists, and the anticipated
growth in that traffic, Customs has determined that a need exists to
create a port of entry at Santa Teresa. Through this change, the
general public and importers will be served better and Customs
personnel and resources will be more efficiently utilized.
EFFECTIVE DATE: May 6, 1994.
FOR FURTHER INFORMATION CONTACT: Brad Lund, Office of Workforce
Effectiveness and Development, Office of Inspection and Control, U.S.
Customs Service, (202) 927-0192.
SUPPLEMENTARY INFORMATION:
Background
As part of its continuing program to obtain more efficient use of
its personnel, facilities and resources, and to provide better service
to carriers, importers and the public, Customs is amending Sec. 101.3,
Customs Regulations (19 CFR 101.3), by establishing a port of entry at
Santa Teresa, New Mexico and is amending Sec. 122.24(b) by adding the
Santa Teresa Airport to the list of airports designated as airports at
which private aircraft arriving in the Continental U.S. via the U.S. -
Mexican border from a foreign place in the Western Hemisphere south of
the U.S. can land.
Customs published a Notice of Proposed Rulemaking in the Federal
Register (57 FR 33462) on July 29, 1992, proposing these actions and
inviting the public to comment.
No comments were received in response to the proposal. After
further review, Customs has determined to amend the regulations as
proposed. Until this amendment becomes effective, the only port of
entry along the New Mexico-Mexico border is located in the far western
portion of the state. Because the amount of traffic in the Santa Teresa
area has increased recently, Customs has established, as an interim
measure, a temporary Customs station at Santa Teresa under the
authority of Sec. 101.4(d), Customs Regulations. The airport at Santa
Teresa, which recently lost its status as a user fee airport by
operation of law, is now operating as a landing rights airport.
Establishing Santa Teresa as a Port of Entry
The criteria for determining whether a port of entry should be
established by Customs was initially identified in T.D. 82-37 on March
9, 1982 (47 FR 10137). The criteria in that T.D. were subsequently
revised by T.D. 86-14 (February 5, 1986, 51 FR 4559) and T.D. 87-65
(May 4, 1987, 52 FR 16328).
The criteria used by Customs in determining whether a port of entry
shall be established are whether the community requesting creation of
the port can: (1) Demonstrate that the benefits to be derived justify
the Federal Government expense involved; (2) be serviced by at least
two major modes of transportation (rail, air, water, or highway); and
(3) has a minimum population of 300,000 within the immediate service
area (approximately a 70-mile radius). In addition, T.D. 82-37 provides
that the actual or potential Customs workload (minimum number of
transactions per year) must meet one of several alternate criteria, one
of which is 2,500 consumption entries (each valued over $1000.00) of
which no more than half can be attributed to one private party.
Finally, T.D. 82-37 provides that the facilities at the location must
include adequate warehousing space for secure storage of imported cargo
pending final Customs inspection and release, and administrative office
space, inspection areas, storage areas and other space necessary for
regular Customs operations.
The Regional Commissioner of the Southwest Region has reported to
Customs Headquarters that the Santa Teresa area is well served by air,
rail, and highway modes of transportation. The population within a 70-
mile radius of the port is contained in a variety of jurisdictional
units and communities. Both El Paso, Texas and Juarez, Mexico are
within that radius, as are several smaller communities. The 1990 El
Paso County estimated population was over 606,000, while Dona Ana
County, New Mexico added another 15,000. The estimated 1990 population
of Juarez, Mexico is 1.2 million. All these figures are expected to
grow significantly in the coming years. Creation of a port of entry at
Santa Teresa will more evenly distribute the vehicular traffic which is
currently forced to pass through El Paso, Texas. There is significant
construction taking place in and around the vicinity of Santa Teresa to
build inspection booths and stations, administration buildings and
other support facilities to allow Customs to perform its mission in a
safe and efficient manner. The Mexican Government was instrumental in
assisting construction of a new paved road to the border from Mexico
which was completed in early October 1993. Customs has received
commitments from several corporate importers that they will utilize
Santa Teresa as a port of entry once it becomes operational. Studies
conducted by several sources have indicated that, once the port becomes
operational, over 25,000 commercial vehicles will use the port per
year, and approximately 6,000 consumption entries will be filed per
year at the land border port. The local Chamber of Commerce reports
that several corporations have expressed interest in locating in the
area in anticipation of Santa Teresa's being designated a port of entry
by Customs. Economic benefits, in the form of additional employment,
are already being felt in the community.
During the period Santa Teresa has been operating as a temporary
Customs station, Customs has achieved notable results in obtaining
commitments from the trade community regarding their use of electronic
data input for the processing of entries. Currently, most of the
brokers or importers filing entries are automated. No current importer
dominates the scene, and, as the surrounding infrastructure continues
to improve, additional entities have expressed their intentions to
utilize the port.
Currently, the only port of entry along the New Mexico-Mexico
border is located in the far western portion of the state. Diplomatic
negotiations have been held with the Government of Mexico concerning
the creation of a port of entry at Santa Teresa, and both governments
are in agreement with such an action.
Port of Entry Boundaries
The boundaries of the port of entry of Santa Teresa are as follows:
Beginning at the junction of the boundary between Texas and New
Mexico with the U.S.-Mexico border, west, along the Mexico-U.S. border
until it intersects the range line between Range 1 East and Range 2
East, New Mexico Principal Meridian; at that point, north along that
range line until it reaches the line between Township 27 South and
Township 28 South; then east along the Township line until it reaches
the Texas-New Mexico border; then south-east along the Texas-New Mexico
border to the beginning point.
Santa Teresa Airport
In this action, Customs is also amending Sec. 122.24(b) by adding
the Santa Teresa Airport, which is within the boundaries of the port of
entry, to the list of airports designated as airports at which private
aircraft arriving in the Continental U.S. must report intended arrival
pursuant to Sec. 122.23(b) and land for Customs processing in
accordance with Sec. 122.24(b). Section 122.23(b) provides,
essentially, that all private aircraft arriving in the Continental U.S.
via the U.S.-Mexican border, from a foreign place in the Western
Hemisphere south of 33 degrees north latitude, or from any place in
Mexico, shall furnish notice of intended arrival to Customs at the
nearest designated airport to the point of crossing for the first
landing in the U.S. Sec. 122.24 provides that such aircraft shall land
for Customs processing at the nearest designated airport to the border
or coastline crossing point. At present, there is no designated airport
in the State of New Mexico. The identification of the Santa Teresa
Airport as a designated airport by Customs will benefit the flying
public by increasing the options available for reporting arrival and
obtaining Customs processing. The addition of this airport will also
reduce delays at existing designated airports by permitting a better
distribution of the inspection burden.
Regulatory Flexibility Act and Executive Order 12866
Customs routinely establishes, expands, and consolidates Customs
ports of entry throughout the United States to accommodate the volume
of Customs-related activity in various parts of the country. Although
this document is being issued after notice for public comment, it is
not subject to the notice and public procedure requirements of 5 U.S.C.
553 because it 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.). Because this
document relates to agency organization and management, it is not
subject to Executive Order 12866.
Drafting Information
The principal author of this document was Peter T. Lynch,
Regulations Branch, Office of Regulations and Rulings, U.S. Customs
Service. However, personnel from other offices participated in its
development.
List of Subjects
19 CFR Part 101
Customs duties and inspection, Exports, Imports, Organizations and
functions (Government agencies).
19 CFR Part 122
Airports, Aircraft, Customs duties and inspection, Drug traffic
control, Security measures.
Amendments to the Regulations
Accordingly, parts 101 and 122 of the Customs Regulations (19 CFR
parts 101 and 122) are amended as follows:
PART 101--GENERAL PROVISIONS
1. The authority citation for Part 101 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 8,
Harmonized Tariff Schedule of the United States), 1623, 1624.
Sec. 101.3 [Amended]
2. Section 101.3(b) containing the list of Customs regions,
districts and ports of entry is amended by adding in the Southwest
Region, under the column headed ``Ports of entry'', ``Santa Teresa,
N.Mex. (T.D. 94-34)'' in the appropriate alphabetical order opposite
``El Paso, Tex.''
PART 122--AIR COMMERCE REGULATIONS
1. The authority citation for Part 122 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1459,
1590, 1594, 1624, 1644; 49 U.S.C. App. 1509.
Sec. 122.24 [Amended]
2. Section 122.24(b) is amended by adding in appropriate
alphabetical order in the column headed ``Location'', the words ``Santa
Teresa, N.Mex.'', and directly opposite, in the column headed ``Name'',
the words ``Santa Teresa Airport''.
George J. Weise,
Commissioner of Customs.
Approved: March 9, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-8088 Filed 4-5-94; 8:45 am]
BILLING CODE 4820-02-P