[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Rules and Regulations]
[Pages 28261-28262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4535]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Parts 101 and 122

[USCBP-2005-0007; CBP Dec. 06-14]


Establishment of a New Port of Entry in the Tri-Cities; Area of 
Tennessee and Virginia and Termination of the User-Fee Status of Tri-
Cities Regional 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 Bureau of Customs and Border Protection's 
field organization by establishing a new port of entry in the Tri-
Cities area of the States of Tennessee and Virginia, including the Tri-
Cities Regional Airport. The new port of entry includes the same 
geographical boundaries of the current Customs and Border Protection 
User Fee Port No. 2082, which encompasses Sullivan County, Tennessee; 
Washington County, Tennessee; and Washington County, Virginia. The 
user-fee status of Tri-Cities Regional Airport, located in Blountville, 
Tennessee, is terminated. 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.

DATES: Effective Date: June 15, 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 43808) on July 29, 2005, the Department of Homeland 
Security (DHS), Bureau of Customs and Border Protection (CBP), proposed 
to amend 19 CFR 101.3(b)(1) by establishing a new port of entry at Tri-
Cities Regional Airport and the area which it services in the states of 
Tennessee and Virginia. The new port of entry was proposed to include 
the same geographical boundaries of the current CBP User Fee Port No. 
2082, which encompasses Sullivan County, Tennessee; Washington County, 
Tennessee; and Washington County, Virginia. The boundaries were also to 
include Tri-Cities Regional Airport, located in Blountville, Tennessee, 
which currently operates, and is listed, as a user-fee airport at 19 
CFR 122.15(b).
    CBP proposed the establishment of the new port of entry because the 
Tri-Cities area satisfies the current criteria for port of entry 
designations as 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 FR 4559) and T.D. 87-65 (52 FR 
16328). Under these criteria, CBP evaluates whether there is a 
sufficient volume of import business (actual or potential) to justify 
the expense of maintaining a new office or expanding service at an 
existing location. The proposed rule set forth how the Tri-Cities area 
meets the criteria.

Analysis of Comments and Conclusion

    CBP did not receive any comments in response to the Notice of 
Proposed Rulemaking. As CBP continues to believe that the establishment 
of a new port of entry at Tri-Cities Regional Airport, and the area 
which it services in the states of Tennessee and Virginia, will assist 
CBP in its continuing efforts to provide better service to carriers, 
importers and the general public, CBP is

[[Page 28262]]

establishing the new port of entry as proposed and Tri-Cities Regional 
Airport will lose its status as a user-fee airport. The change of 
status for Tri-Cities Regional Airport from a user-fee airport to 
inclusion within the boundaries of a port of entry will subject the 
airport to the passenger processing fee provided for at 19 U.S.C. 
58c(a)(5)(B).

Description of the New Port of Entry Limits

    The geographical limits of the Tri-Cities, TNNA, port of entry are 
as follows:
    The contiguous outer boundaries of Sullivan County, Tennessee; 
Washington County, Tennessee; and Washington County, 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. This final 
rule is not a significant regulatory action within the meaning of 
Executive Order 12866. This action also will not have a significant 
economic impact on a substantial number of small entities. Accordingly, 
DHS certifies 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 or her 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 Sec.  101.3 continue to read as follows:

    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 Tennessee, ``Tri-Cities, TN/VA'' 
in the ``Ports of entry'' column and ``CBP Dec. 06-14'' 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 ``Blountville, Tennessee'' from the ``Location'' column and, 
on the same line, ``Tri-City Regional Airport'' from the ``Name'' 
column.

    Dated: May 9, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-4535 Filed 5-15-06; 8:45 am]
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