[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Rules and Regulations]
[Pages 33235-33236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8960]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101

[CBP Dec. 06-15; USCBP-2005-0001]


Closing of the Port of Noyes, Minnesota, and Extension of the 
Limits of the Port of Pembina, North Dakota

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

ACTION: Final rule.

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SUMMARY: This rule amends the Department of Homeland Security 
regulations pertaining to the field organization of the Bureau of 
Customs and Border Protection by closing the port of entry of Noyes, 
Minnesota, and extending the limits of the port of entry of Pembina, 
North Dakota, to include the rail facilities located at Noyes. The 
closure and extension are the result of

[[Page 33236]]

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: Effective July 10, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    On August 12, 2005, the Bureau of Customs and Border Protection 
(CBP) published a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register (70 FR 47151) 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. The reason for the proposed 
rulemaking was that 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 did not receive 
any comments on the NPRM.
    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 closing the Port of Noyes 
and extending the limits of the Port of Pembina as proposed. CBP is 
extending 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. The Port of Pembina will 
assume responsibility for processing trains as they arrive at Noyes. 
However, other traffic must utilize the border crossing within the City 
of Pembina and will no longer be processed at Noyes. The office 
facility at Noyes will continue to be used to support the needs of 
several Border Patrol agents and Immigration and Customs Enforcement 
(ICE) agents. 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.

New Port Limits of the Port of Pembina, North Dakota

    Accordingly, CBP is amending 19 CFR 101.3(b)(1) to reflect that the 
new limits of the port of entry of Pembina, North Dakota, are as 
follows:
    City of Pembina, North Dakota, and the rail facilities located at 
Noyes, Minnesota.

Authority

    These changes are being made 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).

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 
regulatory action 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 Regulatory Flexibility Act (5 
U.S.C. 601 et seq.).
    In addition, DHS and the Office of Management and Budget have 
determined that this final rule does not constitute a significant 
regulatory action as defined under Executive Order 12866.

Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a). 
Accordingly, the final rule is signed by the Secretary of Homeland 
Security.

List of Subjects in 19 CFR Part 101

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

Amendment to the Regulations

0
For the reasons set forth above, 19 CFR part 101 is amended as set 
forth below.
0
1. The general authority citation for part 101 continues to read and 
the specific authority citation for Sec.  101.3 is revised 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. Amend Sec.  101.3(b)(1) as follows:
0
a. Under the state of Minnesota, remove the entry ``Noyes'' from the 
``Ports of entry'' column and the corresponding entry ``E.O. 5835, Apr. 
13, 1932.'' from the ``Limits of port'' column; and
0
b. Under the state of North Dakota, adjacent to Pembina, add in the 
``Limits of port'' column the citation ``CBP Dec. 06-15''.

    Dated: June 2, 2006.
Michael Chertoff,
Secretary.
 [FR Doc. E6-8960 Filed 6-7-06; 8:45 am]
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