[Federal Register Volume 69, Number 9 (Wednesday, January 14, 2004)]
[Proposed Rules]
[Pages 2092-2093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-813]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101


Extension of Port Limits of Memphis, TN

AGENCY: Customs and Border Protection, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to extend the port limits of the port 
of Memphis, Tennessee, to include all of the territory within the 
limits of DeSoto

[[Page 2093]]

County, northern Mississippi. The port extension is being proposed in 
order to facilitate economic development in northern Mississippi, and 
to provide convenience and improved service to carriers, importers, and 
the general public.

DATES: Comments must be received on or before March 15, 2004.

ADDRESSES: Comments must be submitted to the Bureau of Customs and 
Border Protection, Office of Regulations and Rulings, (Attention: 
Regulations Branch), 1300 Pennsylvania Avenue, NW., Washington, DC 
20229. Submitted comments may be inspected at the CBP, 799 9th Street, 
NW., Washington, DC during regular business hours.
    Arrangements to inspect submitted comments should be made in 
advance by calling Mr. Joseph Clark at 202-572-8768.

FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field 
Operations, 202-927-6871.

SUPPLEMENTARY INFORMATION: 

Background

    The Bureau of Customs and Border Protection (CBP) is proposing to 
extend the port limits of the port of Memphis, to include all of the 
territory within the limits of DeSoto County, northern Mississippi, as 
described below. Recently, northern Mississippi has experienced marked 
business expansion and population growth. Currently, businesses located 
in northern Mississippi utilize the nearest port of entry at Memphis, 
Tennessee, and the port limits of Memphis do not extend beyond the 
Tennessee border. The proposed extension of the port limits to include 
the specified territory will facilitate economic development in 
northern Mississippi, and provide convenience and improved service to 
carriers, importers, and the general public.

Current Port Limits of Memphis, Tennessee

    The current port limits of Memphis, Tennessee are described as 
follows in Treasury Decision (T.D.) 84-126 of May 14, 1984:
    [T]he corporate limits of the city of Memphis, Tennessee* * * [and] 
all of the territory within the limits of Shelby County, Tennessee.

Proposed Port Limits of Memphis, Tennessee

    CBP proposes to extend the port limits of the port of Memphis, 
Tennessee, to include DeSoto County, Mississippi so that the 
description of the port limits would read as follows:
    The city limits of Memphis, Tennessee and all of the territory 
within the limits of Shelby County, Tennessee and DeSoto County, 
Mississippi.

Proposed Amendment to Customs Regulations

    If the proposed port limits are adopted, CBP will amend Sec.  
101.3(b)(1), Customs Regulations (19 CFR 101.3(b)(1)) to reflect the 
new boundaries of the Memphis port of entry.

Authority

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

Signing Authority

    The document is being issued in accordance with section 0.2(a) of 
the Customs Regulations (19 CFR 0.2(a)).

Comments

    Before adopting this proposal, consideration will be given to any 
written comments that are timely submitted to CBP. All such comments 
received from the public, pursuant to this notice of proposed 
rulemaking, will be available for public inspection in accordance with 
the Freedom of Information Act (5 U.S.C. 552) and section 103.11(b), 
Customs Regulations (19 CFR 103.11(b)), during regular business days 
between the hours of 9 a.m. and 4:30 p.m. at the Regulations Branch, 
Office of Regulations and Rulings, Customs and Border Protection, 
Department of Homeland Security, 799 9th Street, NW., Washington, DC.

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. Thus, although this document 
is being issued with notice for public comment, because it relates to 
agency management and organization, it is not subject to the notice and 
public 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 
proposed port extension are exempt from consideration under Executive 
Order 12866.

Drafting Information

    The principal author of this document was Isaac D. Levy, 
Regulations Branch, Office of Regulations and Rulings, CBP. However, 
personnel from other offices participated in its development.

    Dated: January 9, 2004.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
Tom Ridge,
Secretary, Department of Homeland Security.
[FR Doc. 04-813 Filed 1-13-04; 8:45 am]
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