[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