[Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
[Rules and Regulations]
[Pages 67056-67057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31324]



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DEPARTMENT OF THE TREASURY
19 CFR Part 101

[T.D. 96-3]


Customs Service Field Organization--Sioux Falls, SD

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations pertaining to the 
field organization of Customs by establishing Sioux Falls, South 
Dakota, as a port of entry. The change is made 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.

EFFECTIVE DATE: January 29, 1996.

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 published a 
document in the Federal Register (60 FR 52347) on October 6, 1995, 
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 
encompassing the counties of Minnehaha and Lincoln in the State of 
South Dakota.
    As the proposal stated, South Dakota presently does not have a port 
of entry and the Governor of the State of South Dakota requested the 
establishment of the port of entry in the state. In support of the 
establishment of the port at Sioux Falls, it was stated to Customs that 
the port would 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 the establishment of a foreign trade 
zone, the expanded development of infrastructure within the proposed 
port area, an enhanced business competitiveness for existing 
enterprises and the opportunity to encourage new businesses to locate 
within South Dakota.
    As further stated in the proposal, the Customs office within the 
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. 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 compared to the significant 
benefits that port of entry status would impart to the South Dakota 
business community.
    Sioux Falls is located at the junction of two major state 
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. 

[[Page 67057]]

    The proposal set forth representations to Customs that the greater 
metropolitan areas 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. It was projected that existing 
businesses would file between 2,709 and 3,253 import entries within the 
proposed port of entry in the years 1996 through 1998, with no single 
company accounting for more than half of the projected entries. It was 
further stated in the request for a port of entry that the Sioux Falls 
Regional Airport Authority is committed to making optimal use of 
electronic date transfer capability to permit integration with the 
Customs Automated Commercial System for processing entries. Regarding 
the Joe Foss Field airport, it was stated the airport has exceptional 
cargo and passenger facilities, that passenger areas can be secured to 
accommodate international arrival passenger clearance, and that there 
are several warehouse facilities in close proximity to the airport that 
are suitable for the secure storage of cargo pending inspection and 
release by Customs. Further, the Sioux Falls Regional Airport Authority 
committed to providing certain space and equipment to Customs.
    Based on the information provided to Customs, the proposal set 
forth Customs belief that Sioux Falls meets the current minimum 
criteria for port of entry designation set forth 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).

Determination

    No comments were received in response to the proposal. After 
further review and consideration by Customs, it has been determined to 
establish Sioux Falls as a port of entry with port limits as described 
below. Section 101.3 is amended accordingly. It is noted, however, that 
because the representations set forth in the proposal rely on 
potential, rather than actual, workload figures, Customs will in 3 
years review the actual workload generated within the port of Sioux 
Falls to evaluate whether Sioux Falls may retain port of entry status. 
If that review indicates that the actual workload is below the standard 
set forth in T.D. 82-37, as revised, 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.

Limits of Port of Entry

    The geographical limits of the port of entry of Sioux Falls are as 
follows:
    All of Minnehaha and Lincoln Counties in the State of South Dakota.

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 was issued 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.). Agency organization matters such as this 
are exempt from consideration under Executive Order 12866.

List of Subjects in 19 CFR Part 101

    Customs duties and inspection, Harbors, Organization and functions 
(Government agencies), Seals and insignia, Vessels.

Amendments to the Regulations

    For the reason set forth in the preamble, part 101 of the Customs 
Regulations is amended as set forth below:

PART 101--GENERAL PROVISIONS

    1. The general authority citation for part 101 and specific 
authority citation for Sec. 101.3 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 20, 
Harmonized Tariff Schedule of the United States), 1623, 1624.
    Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *
    2. Section 101.3(b)(1) is amended by adding the following entry in 
appropriate alphabetical order:


Sec. 101.3  Customs service ports and ports of entry.

* * * * *
    (b) * * *
    (1) * * *

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               Ports of entry                       Limits of port      
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
                              South Dakota                              
                                                                        
Sioux Falls................................  T. D. 96-3                 
                                                                        
                                                                        
                  *        *        *        *        *                 
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    Approved: December 1, 1995.
George J. Weise,
Commissioner of Customs.

Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-31324 Filed 12-27-95; 8:45 am]
BILLING CODE 4820-02-P