[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42586-42587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18172]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101

[CBP Dec. 03--08]


Expansion of the Port Limits of Portland, ME

AGENCY: Customs and Border Protection, Homeland Security.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations pertaining to the 
field organization of Customs by extending the geographical limits of 
the port of entry of Portland, Maine, to include the City of Auburn, 
Maine. This change is being made to provide better service to carriers, 
importers, and the general public.

EFFECTIVE DATE: August 18, 2003.

FOR FURTHER INFORMATION CONTACT: John P. Wagner, Office of Field 
Operations, (202) 927-3825.

SUPPLEMENTARY INFORMATION:

Background

    A Notice of Proposed Rulemaking was published in the Federal 
Register (68 FR 1172) on January 9, 2003, which proposed to amend Sec.  
101.3(b)(1), Customs Regulations (19 CFR 101.3(b)(1)), to extend the 
geographical limits of the port of entry of Portland, Maine, to include 
the City of Auburn in order to provide better service to carriers, 
importers, and the general public. The proposal was made in order to 
include the City of Auburn within the port limits to facilitate the 
clearance of international cargo at the Auburn Intermodal Facility 
(``AIF''). AIF is a rail/truck intermodal facility with a high cube, 
doublestack intermodal terminal.

[[Page 42587]]

Analysis of Comments

    Three comments were received in response to the proposal. AlI three 
comments strongly supported the inclusion of the City of Auburn in the 
port of Portland, Maine, for the purposes of international trade 
facilitation and of expanded economic development in the Auburn area.
    According to the comments, the AIF will afford the Bureau of 
Customs and Border Protection (CBP) great flexibility in protecting our 
borders against terrorist activities when conducting examinations and 
clearance of cargo entering the United States. The expansion of the 
port of Portland will also help to eliminate needless truck traffic on 
the highway system by allowing examinations and clearance closest to 
the point of entry. Trucks will no longer need to travel further in 
bound to be examined. These benefits are in addition to the economic 
boost which is expected to occur as a result of the port expansion.

Conclusion

    CBP believes that the expansion of the port of Portland, Maine, to 
include the City of Auburn is a positive step in the facilitation of 
the processing of international cargo. Accordingly, CBP has decided to 
proceed with the proposed expansion.

New Port Limits

    The port limits of the port of entry of Portland, Maine, are 
expanded to include the City of Auburn. The territory included in the 
port of Portland is as follows:
    Portland, Maine and the territory embracing the municipalities of 
Auburn, South Portland, Falmouth, and Cape Elizabeth, in the State of 
Maine, and Peak, Long, Cliff, Cushing and Diamond Islands, in the State 
of Maine.

Authority

    This change is being made under the authority of 5 U.S.C. 301 and 
19 U.S.C. 2, 66 and 1624.

Regulatory Flexibility Act and Executive Order 12866

    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. Although a notice was issued 
for public comment on this subject matter, because this document 
relates to agency management and organization, it is not subject to the 
notice and procedure requirements of 5 U.S.C. 553. 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 
port expansion are not subject to Executive Order 12866.

Drafting Information

    The principal author of this document was Janet L. Johnson, 
Regulations Branch. However, personnel from other offices participated 
in its development.

List of Subjects in 19 CFR Part 101

    Customs duties and inspection, Exports, Imports, Organization and 
functions (Government agencies).

Amendment to the Regulations

0
For the reasons set forth above, 19 CFR part 101 of the Customs 
Regulations is amended as set forth below.

PART 101--GENERAL PROVISIONS

0
1. The general authority citation for part 101 and the 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 23, 
Harmonized Tariff Schedule of the United States), 1623, 1624, and 
1646a. Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 
58b.
* * * * *

0
2. In the list of ports in Sec.  101.3(b)(1), under the state of Maine, 
the ``Limits of port'' column adjacent to ``Portland'' in the ``Ports 
of entry'' column is amended by removing the citation ``E.O. 9297, Feb. 
1, 1943 (8 FR 1479)'' and by adding in its place ``CBP Dec. 03-08''.

Robert C. Bonner,
Commissioner, Customs and Border Protection.
    Dated: July 14, 2003.
Tom Ridge,
Secretary, Department of Homeland Security.
[FR Doc. 03-18172 Filed 7-17-03; 8:45 am]
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