[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20005-20006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3694]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Parts 101 and 122

USCBP-2005-0030 and [CBP Dec. 06-10]


Establishment of Port of Entry at New River Valley, VA, and 
Termination of the User-Fee Status of New River Valley Airport

AGENCY: Customs and Border Protection, DHS.

ACTION: Final rule.

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SUMMARY: This document amends Department of Homeland Security 
regulations pertaining to the field organization of the Bureau of 
Customs and Border Protection by conditionally establishing a new port 
of entry at New River Valley, Virginia, and terminating the user-fee 
status of New River Valley Airport. The new port of entry consists of 
all the area surrounded by the continuous outer boundaries of the 
Montgomery, Pulaski and Roanoke counties in the Commonwealth of 
Virginia, including New River Valley Airport, which currently is 
operated as a user-fee airport. These changes will assist the Bureau of 
Customs and Border Protection in its continuing efforts to provide 
better service to carriers, importers and the general public.

EFFECTIVE DATE: May 19, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    In a Notice of Proposed Rulemaking published in the Federal 
Register (70 FR 38637) on July 5, 2005, the Department of Homeland 
Security (DHS), Bureau of Customs and Border Protection (CBP), proposed 
to amend 19 CFR 101.3(b)(1) by conditionally establishing a new port of 
entry at New River Valley, VA. The new port of entry, as proposed, 
would include the area surrounded by the continuous outer boundaries of 
the Montgomery, Pulaski and Roanoke counties in the Commonwealth of 
Virginia. This area includes New River Valley Airport, located in the 
town of Dublin, Virginia, which currently operates and is listed as a 
user-fee airport at 19 CFR 122.15(b). The change of status for New 
River Valley Airport, from a user-fee airport to inclusion within the 
boundaries of a port of entry, would subject the airport to the 
passenger processing fee provided for at 19 U.S.C. 58c(a)(5)(B).
    CBP proposed to establish the new port of entry based on its review 
of the level and pace of development in the New River Valley area. CBP 
evaluated whether there is a sufficient volume of import business 
(actual or potential) to justify the expense of maintaining a new 
office or expanding service in the New River Valley area based on the 
criteria for port of entry designations set forth in Treasury Decision 
(T.D.) 82-37 (Revision of Customs Criteria for Establishing Ports of 
Entry and Stations, 47 FR 10137), as revised by T.D. 86-14 (51 FR4559) 
and T.D. 87-65 (52 FR 16328). New River Valley was proposed to be a 
conditional port of entry based on the potential of the area. The 
actual and potential workload statistics of the area were set forth in 
the Notice of Proposed Rulemaking. See 70 FR at 38637-38.

Analysis of Comments and Conclusion

    Several comments were received in response to the Notice of 
Proposed Rulemaking. All of the comments were favorable to the 
proposal. Each comment was favorable in the entirety; no alternate 
courses of action, limitations or possible problems were presented by 
the commenters. Because CBP continues to believe that the potential 
volume of import business in New River Valley supports a new port of 
entry there, and that the establishment of the new port of entry will 
assist CBP in its continuing efforts to provide better service to 
carriers, importers and the general public, CBP is conditionally 
establishing the new port of entry as proposed. In three years, CBP 
will review the actual workload generated within the new port of entry. 
If that review indicates that the actual workload is below the criteria 
set forth under T.D. 82-37 standards (as amended), CBP may institute 
procedures to revoke the port of entry status. In such case, New River 
Valley airport may reapply to become a user-fee airport under the 
provisions of 19 U.S.C. 58b.

Description of the New Port of Entry Limits

    The geographical limits of the new New River Valley port of entry 
are as follows: The continuous outer boundaries of the Montgomery, 
Pulaski and Roanoke counties in the Commonwealth of Virginia.

Authority

    This change is made under the authority of 5 U.S.C. 301 and 19 
U.S.C. 2, 66, and 1624, and the Homeland Security Act of 2002, Public 
Law 107-296 (November 25, 2002).

The Regulatory Flexibility Act and Executive Order 12866

    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 final rule is not a 
significant regulatory action under Executive Order 12866. This action 
also will not have a 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) 
because the establishment of a new port of entry and the termination of 
the user-fee status of an airport are not within the bounds of those 
regulations for which the Secretary of the Treasury has retained sole 
authority. Accordingly, this final rule may be signed by the Secretary 
of Homeland Security or his delegate.

List of Subjects

19 CFR Part 101

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

19 CFR Part 122

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

Amendments to CBP Regulations

0
For the reasons set forth above, part 101, CBP Regulations (19 CFR part 
101), and part 122, CBP Regulations (19 CFR part 122), are amended as 
set forth below.

PART 101--GENERAL PROVISIONS

0
1. The general authority citation for part 101 and the specific 
authority citation for section 101.3 continue to read as follows:


[[Page 20006]]


    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 
1646a.

    Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *


Sec.  101.3  [Amended]

0
2. The list of ports in Sec.  101.3(b)(1) is amended by adding, in 
alphabetical order under the state of Virginia, ``New River Valley'' in 
the ``Ports of entry'' column and ``CBP Dec. 06-10'' in the ``Limits of 
Port'' column.

PART 122--AIR COMMERCE REGULATIONS

0
1. The general authority for part 122 continues to read as follows:


    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *


Sec.  122.15  [Amended]

0
2. The list of user fee airports at 19 CFR 122.15(b) is amended by 
removing ``Dublin, Virginia'' from the ``Location'' column and, on the 
same line, ``New River Valley Airport'' from the ``Name'' column.

    Dated: April 11, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-3694 Filed 4-18-06; 8:45 am]
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