[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Proposed Rules]
[Pages 47151-47152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16008]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101

[DHS-2005-0004]


Closing of the Port of Noyes, Minnesota, and Extension of the 
Limits of the Port of Pembina, ND

AGENCY: Customs and Border Protection; Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to close the port of entry of Noyes, 
Minnesota, and extend the limits of the port of entry of Pembina, North 
Dakota, to include the rail facilities located at Noyes. The proposed 
closure and extension are the result of the closure by the Canadian 
Customs and Revenue Agency of the Port of Emerson, Manitoba, Canada, 
which is located north of the Port of Noyes, and the close proximity of 
the Port of Noyes to the Port of Pembina.

DATES: Comments must be received on or before October 11, 2005.

ADDRESSES: Comments, identified by docket number DHS-2005-0004, may be 
submitted by one of the following methods:
    EPA Federal Partner EDOCKET Web site: http://www.epa.gov/feddocket. 
Follow instructions for submitting comments on the Web site.
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Comments by mail are to be addressed to the Bureau of Customs 
and Border Protection, Office of Regulations and Rulings, Regulations 
Branch, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 
20229. Submitted comments by mail may be inspected at the Bureau of 
Customs and Border Protection at 799 9th Street, NW., Washington, DC. 
To inspect comments, please call (202) 572-8768 to arrange for an 
appointment.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://www.epa.gov/feddocket, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field 
Operations, (202) 344-2776.

SUPPLEMENTARY INFORMATION:

Background

Closing of Port of Noyes

    Customs ports of entry are locations where Customs and Border 
Protection (CBP) officers and employees are assigned to accept entries 
of merchandise, clear passengers, collect duties, and enforce the 
various provisions of customs, border protection, and related laws. The 
list of designated CBP ports of entry is set forth in 19 CFR 
101.3(b)(1).
    As part of a continuing program to utilize more efficiently its 
personnel, facilities, and resources, and to provide better service to 
carriers, importers, and the public, CBP is proposing to close the Port 
of Noyes, Minnesota, and extend the limits of the Port of Pembina, 
North Dakota, to include the rail facilities located at Noyes. On June 
8, 2003, the Canadian Customs and Revenue Agency closed the East Port 
of Emerson, Manitoba, Canada, which is located north of the Port of 
Noyes. The factors influencing their decision to close the Port of 
Emerson included the age of the facility, the close proximity of a port 
at Emerson West, declining workload, and resource considerations.
    The Port of Noyes, which is located two miles from the CBP Port of 
Pembina, processes on average three trucks, 50 vehicles, 154 passengers 
and three trains per day. CBP is proposing for the Port of Pembina to 
assume responsibility for processing this workload. If the Port of 
Noyes is closed, a CBP inspector from the Port of Pembina will continue 
to process the workload associated with trains as they arrive at Noyes. 
Other traffic will utilize the Port of Pembina. The Port of Noyes is 
currently staffed with one full-time CBP inspector and supports the 
facility needs of seven Border Patrol agents and three Immigration and 
Customs Enforcement (ICE) agents. CBP is proposing that the office 
facility continue to be used to support the needs of those agents once 
the port has been closed. Security gates and surveillance cameras have 
also been installed at the Port of Noyes to ensure continued remote 
monitoring of that location by the Port of Pembina.

Extension of Port of Pembina Limits

    CBP is proposing to extend the limits of the Port of Pembina to 
encompass the railroad yard located at Noyes, Minnesota, owned by the 
Canadian Pacific Railway and the Burlington Northern Santa Fe Railway. 
As mentioned above, CBP is proposing to continue to process the 
workload associated with trains as they arrive at Noyes.

Proposed Amendments to CBP Regulations

    If the proposed closure of the Port of Noyes and extension of the 
Port of Pembina are adopted, CBP will amend 19 CFR 101.3(b)(1) to 
reflect these changes.

Authority

    These changes are proposed pursuant to 5 U.S.C. 301 and 19 U.S.C. 
2, 66 and 1624, and the Homeland Security Act of 2002, Pub. L. 107-296 
(November 25, 2002).

Congressional Notification

    On September 15, 2003, the Commissioner of CBP notified Congress of 
CBP's intention to close the Port of Noyes, Minnesota, fulfilling the 
congressional notification requirements of 19 U.S.C. 2075(g)(2) and 
section 417 of the Homeland Security Act (6 U.S.C. 217).

Executive Order 12866 and the Regulatory Flexibility Act

    With DHS approval, 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. The Office of 
Management and Budget has determined that this regulatory proposal is 
not a significant regulatory action as defined under Executive Order 
12866. This proposed rule also will not have significant economic 
impact on a substantial number of small entities. Accordingly, it is 
certified that this document is not subject to the additional 
requirements of the provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq).

Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a)

[[Page 47152]]

because this port closure and port limit extension are not within the 
bounds of those regulations for which the Secretary of the Treasury has 
retained sole authority. Accordingly, the notice of proposed rulemaking 
may be signed by the Secretary of Homeland Security (or his or her 
delegate).

Comments

    Before adopting this proposed regulation as a final rule, 
consideration will be given to any written comments timely submitted to 
CBP. Comments submitted will be available for public inspection in 
accordance with the Freedom of Information Act (5 U.S.C. 552) and 19 
CFR 103.11(b) on normal business days between the hours of 9 a.m. and 
4:30 p.m. at the Regulations Branch, Office of Regulations and Rulings, 
Bureau of Customs and Border Protection, 799 9th Street, NW., 5th 
Floor, Washington, DC. Arrangements to inspect submitted comments 
should be made in advance by calling Mr. Joseph Clark at (202) 572-
8768.

    Dated: March 24, 2005.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
    Dated: August 4, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-16008 Filed 8-11-05; 8:45 am]
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