[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Proposed Rules]
[Pages 52347-52348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24864]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 194 / Friday, October 6, 1995 / 
Proposed Rules  

[[Page 52347]]


DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 101


Customs Service Field Organization--Sioux Falls, SD

AGENCY: Customs Service, Department of the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations 
pertaining to the field organization of Customs by establishing Sioux 
Falls, South Dakota, as a port of entry. The change is being proposed 
as part of Customs continuing efforts to obtain more efficient use of 
its personnel, facilities, and resources and to provide better service 
to carriers, importers, and the general public.

DATES: Comments must be received on or before November 6, 1995.

ADDRESSES: Written comments (preferably in triplicate) may be addressed 
to the Regulations Branch, U.S. Customs Service, Franklin Court, 1301 
Constitution Avenue, N.W., Washington, D.C. 20229. Comments submitted 
may be inspected at the Regulations Branch, Office of Regulations and 
Rulings, Franklin Court, 1099 14th Street, N.W., Suite 4000, 
Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Bob Jones, Office of Field Operations 
(202-927-0456).

SUPPLEMENTARY INFORMATION:

Background

    As part of its continuing efforts to obtain more efficient use of 
its personnel, facilities, and resources and to provide better service 
to carriers, importers, and the general public, Customs is proposing to 
amend Sec. 101.3 of the Customs Regulations (19 CFR 101.3) by 
establishing a port of entry at Sioux Falls, South Dakota, and 
encompassing the counties of Minnehaha and Lincoln in the State of 
South Dakota.
    The Governor of the State of South Dakota has requested the 
establishment of a port of entry within South Dakota which does not 
presently have a port of entry. In support of the port of entry 
request, it has been stated to Customs that the proposed port of entry 
will yield significant immediate and future economic benefits for the 
State of South Dakota, including the retention and expansion of jobs, 
the more efficient transportation of imported and exported merchandise, 
the opportunity for establishment of a foreign trade zone, the expanded 
development of infrastructure within the proposed port, an enhanced 
business competitiveness for existing enterprises, and the opportunity 
to encourage new businesses to locate within South Dakota. The Customs 
office within the requested port of entry would be located at the Joe 
Foss Field airport in Sioux Falls which is the largest urban area 
within the State of South Dakota.
    In T.D. 82-37 (47 FR 10137), as revised by T.D. 86-14 (51 FR 4559) 
and by T.D. 87-65 (52 FR 16328), Customs has set forth certain criteria 
which should be considered in connection with a request for port of 
entry designation. Specifically, the community for which such 
designation is requested must: (1) demonstrate that the benefits to be 
derived justify the Federal Government expense involved; (2) except in 
the case of land border ports, be serviced by at least two major modes 
of transportation (rail, air, water, or highway); and (3) except in the 
case of land border ports, have a minimum population of 300,000 within 
the immediate service area (approximately a 70-mile radius). In 
addition, T.D. 82-37, as revised, provides that at least one of the 
following actual or potential workload criteria must be met in the area 
to be serviced by the requested port of entry (minimum number of 
transactions per year): (1) 15,000 international air passengers; (2) 
2,500 (formal) consumption entries, with the applicant location 
committing to optimal use of electronic data input means to permit 
integration with any Customs system for electronic processing of 
entries, and with no more than half of the 2,500 entries being 
attributed to one private party; (3) for land border ports, 150,000 
vehicles; (4) 2,000 scheduled international aircraft arrivals 
(passengers and/or cargo); (5) 350 cargo vessel arrivals; or (6) any 
appropriate combination of the foregoing. Finally, T.D. 82-37, as 
revised, provides that facilities at the location must include wharfage 
and anchorage adequate for oceangoing vessels in the case of a water 
port, cargo and passenger facilities, warehousing space for the 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.
    In connection with the request for designation of the Sioux Falls 
port of entry it has been represented to Customs that the cost to the 
Federal Government would only involve the services of one full-time 
Customs official and therefore would be minimal when compared to the 
significant benefits, described above, that port of entry status would 
impart to the South Dakota business community. As regards 
transportation services, Sioux Falls is located at the junction of two 
major interstate highways (Interstate 90 and Interstate 29), is 
serviced by a major national freight railway company, and is serviced 
at the Joe Foss Field airport by national passenger and cargo airlines, 
express air freight services and commuter airlines. It has also been 
represented to Customs that the greater metropolitan area of Sioux 
Falls has a population of 139,236 based on 1990 census figures and that 
a population of well over 300,000 exists within a 70-mile radius of 
Sioux Falls. With regard to actual or potential workload, the only 
figures provided to Customs concerned annual projections of import 
entries that would be filed within the requested port of entry by 
existing businesses, with no single company accounting for more than 
half of the projected entries: 2,709 in 1996, 3,147 in 1997, and 3,253 
in 1998; it was also stated to Customs that the Sioux Falls Regional 
Airport Authority is committed to making optimal use of electronic data 
transfer capability to permit integration with the Customs Automated 
Commercial System for processing entries. Finally, it has been 
represented to Customs that the Joe Foss Field airport has exceptional 
cargo and passenger facilities, that passenger areas can be secured to 
accommodate international arrival passenger clearance, that there are 
several warehouse facilities in close proximity 

[[Page 52348]]
to the Joe Foss Field airport that are suitable for the secure storage 
of cargo pending inspection and release by Customs, and that the Sioux 
Falls Regional Airport Authority has committed to providing 
administrative office space, inspection areas, storage areas, and other 
space necessary for regular Customs operations and will also furnish 
the Customs office with necessary communications equipment such as a 
computer, a telephone, a facsimile machine, and computer lines as well 
as access to photocopiers.
    Based on the information provided to Customs and summarized above, 
Sioux Falls would meet the current minimum criteria for port of entry 
designation set forth in T.D. 82-37, as revised. It is noted that the 
proposal relies on potential, rather than actual, workload figures. 
Therefore, even if the proposed port of entry designation is adopted as 
a final rule, Customs will in 3 years review the actual workload 
generated within the port of entry. If that review indicates that the 
actual workload is below the T.D. 82-37 standards, procedures will be 
instituted to revoke port of entry status. Of course, if port of entry 
status is revoked, the City of Sioux Falls will have the opportunity to 
apply for user fee airport status under 19 U.S.C. 58b.

Proposed Limits of Port of Entry

    The geographical limits of the proposed port of entry of Sioux 
Falls would be as follows:
    All of Minnehaha and Lincoln Counties in the State of South Dakota.
    If the proposed port of entry designation is adopted, the list of 
Customs ports of entry in 19 CFR 101.3(b) will be amended accordingly.

Comments

    Before adopting this proposal, consideration will be given to any 
written comments (preferably in triplicate) timely submitted to 
Customs. Comments submitted will be available for public inspection in 
accordance with the Freedom of Information Act (5 U.S.C. 552), 
Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and 
Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular 
business days between the hours of 9:00 a.m. and 4:30 p.m. at the 
Regulations Branch, Office of Regulations and Rulings, Franklin Court, 
1099 14th Street, N.W., Suite 4000, Washington, D.C.

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

    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 with 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.). In addition, matters involving 
agency management and organization are not subject to Executive Order 
12866.
Michael H. Lane,
Acting Commissioner of Customs.

    Approved: September 14, 1995.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-24864 Filed 10-5-95; 8:45 am]
BILLING CODE 4820-02-P