[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Proposed Rules]
[Pages 67313-67315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19631]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Parts 101 and 122

[USCBP-2006-0091]


Extension of Port Limits of Dayton, OH, and Termination of the 
User-Fee Status of Airborne Airpark in Wilmington, OH

AGENCY: Bureau of Customs and Border Protection, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking proposes to amend 
Department of Homeland Security (DHS) regulations pertaining to the 
Bureau of Customs and Border Protection's (CBP's) field organization by 
extending the geographic limits of the port of Dayton, Ohio, to include 
the Airborne Airpark in Wilmington, Ohio. The proposed extension of the 
port limits of Dayton, Ohio, is due to the closing of express 
consignment operations at Dayton International Airport, and the 
expansion of express consignment operations at Airborne Airpark, 
located in Wilmington, Ohio. The user-fee status of Airborne Airpark 
would be terminated. The proposed change is part of CBP's continuing 
program to more efficiently utilize its personnel, facilities, and 
resources, and to provide better service to carriers, importers, and 
the general public.

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DATES: Comments must be received on or before January 22, 2007.

ADDRESSES: You may submit comments, identified by docket number, by one 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments via docket number 
USCBP-2006-0091.
     Mail: Border Security Regulations Branch, Office of 
Regulations and Rulings, Bureau of Customs and Border Protection, 1300 
Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Submitted comments 
may also be inspected during regular business days between the hours of 
9 a.m. and 4:30 p.m. at the Office of Regulations and Rulings, Bureau 
of Customs and Border Protection, 799 9th Street, NW., Washington, DC. 
Arrangements to inspect submitted comments should be made in advance by 
calling Mr. Joseph Clark at (202) 572-8768.

FOR FURTHER INFORMATION CONTACT: Michael Captain, Office of Field 
Operations, 202-344-2804.

SUPPLEMENTARY INFORMATION:

Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of the 
proposed rule. CBP also invites comments that relate to the economic, 
environmental, or federalism effects that might result from this 
proposed rule. Comments that will provide the most assistance to CBP in 
developing these procedures will reference a specific portion of the 
proposed rule, explain the reason for any recommended change, and 
include data, information, or authority that support such recommended 
change.

Background

    CBP ports of entry are places (seaports, airports, or land border 
ports) designated by the Secretary of Homeland Security where CBP 
officers or employees are assigned to accept entries of merchandise, 
clear passengers where appropriate, collect duties, and enforce the 
various provisions of customs and related laws. To facilitate the 
various duties of CBP, the organizational structure of CBP must, from 
time to time, be amended to respond to changing demands of the 
importing/exporting community.
    There have been two express consignment operations in the Dayton 
area: Menlo Worldwide Forwarding/Emery at Dayton International Airport 
(DAY) and Airborne Express at Airborne Airpark (ILN) in Wilmington, 
Ohio. The Menlo Worldwide Forwarding/Emery operation is within the Port 
of Dayton at the north edge of the current port boundaries, and 
Airborne Airpark is southeast of the current boundaries in Wilmington, 
Ohio. UPS purchased Menlo Worldwide Forwarding, shut down the Emery 
operation at Dayton International Airport, and has moved the work to 
their hub located in Louisville, Kentucky. DHL Express (USA) has 
purchased Airborne Express and has shut down the DHL operations in 
Cincinnati-Northern Kentucky Airport (CVG) in Covington, Kentucky. DHL 
Express (USA) is opening a new, much larger combined operation at 
Airborne Airpark. These changes in operations will result in an 
increase in the demand for CBP services at the Airborne Airpark.
    In response to these changes, CBP is proposing to amend 19 CFR 
101.3(b)(1) by extending the port limits of the Port of Dayton to 
include the Airborne Airpark, which is currently listed as ``Wilmington 
Airport'' in the list of user-fee airports at 19 CFR 122.15(b) (note 
that the regulations currently refer to the airport as ``Wilmington 
Airport'' rather than the correct ``Airborne Airpark''). If the 
proposed port limits are adopted, CBP would relocate the CBP Dayton 
Port office from its current location at the Dayton International 
Airport to a new location near the new DHL operation at Airborne 
Airpark. CBP would also establish an adequately sized secure storage 
facility in efficient proximity to Airborne Airpark. The proposed 
changes are intended to allow for continued efficient operation and 
supervision of CBP services at the DHL facility.
    Airborne Airpark is currently a user fee airport. CBP services at a 
user fee airport are not paid for out of appropriations from the 
general treasury of the United States. Instead, these services are 
provided on a fully reimbursable basis to be paid for by the airport on 
behalf of the recipients of the services. The airport pays for CBP 
services and then seeks reimbursement from the actual users of those 
services.
    If this proposal is adopted, the Commissioner of CBP would 
terminate the user fee status of Airborne Airpark and remove the 
listing ``Wilmington Airport'' from the user fee list in 19 CFR 
122.15(b), because the facility would be included in the boundaries of 
the Port of Dayton. As a result of the termination of the user fee 
status of Airborne Airpark, the system of reimbursable fees for 
Airborne Airpark would be discontinued. This proposed change of status 
for Airborne Airpark 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). This 
fee is collected by CBP and paid into the United States treasury. CBP 
services would be paid for out of appropriations from the general 
treasury.

Current Port Limits of Dayton, Ohio

    The current port limits of Dayton, Ohio, as described in Treasury 
Decision (T.D.) 76-77 of March 3, 1976, include the territory within 
the city limits of Dayton, Ohio, as well as the territory within the 
township limits of the adjacent townships of Butler, Harrison, Wayne, 
and Mad River, Ohio.

Proposed Port Limits of Dayton, Ohio

    The proposed port limits for Dayton, as well as being expanded to 
include the Airborne Airpark, substitute geographic information that is 
readily identifiable by the public in lieu of sometimes difficult to 
locate township boundaries. The geographic limits of the Port of Dayton 
are proposed to be as follows:
    Beginning at the point where Federal Interstate Highway 75 crosses 
the Montgomery County--Miami County line; then west along the 
Montgomery County line to the point where Frederick Pike intersects the 
Montgomery County line; then south and east on Frederick Pike to the 
intersection with Dixie Drive; then south to Keowee Street, then south 
to Federal Interstate Highway 75 to the point where I-75 intersects the 
Montgomery County--Warren County line; then east along the county line 
(which becomes the Greene County--Warren County line) to the Clinton 
County line; then south along the Clinton County line to the 
intersection with Ohio State Route 350; then east on Route 350 to the 
intersection with Ohio State Route 73; then north and west on Route 73 
to the intersection with U.S. Route 22; then west along Route 22 to

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U.S. Highway 68; then north and west on U.S. 68 to the intersection 
with U.S. Highway 35; then west and north on U.S. 35 to Interstate 
Highway 675; then north and east on I-675 to the intersection with 
Federal Interstate Highway 70; then west on I-70 to the intersection 
with the Montgomery County line; and then north and west along the 
Montgomery County line to the point of beginning.

Proposed Amendment to the Regulations

    If the proposed port limits are adopted, the list of CBP ports of 
entry at 19 CFR 101.3(b)(1) will be amended to reflect the new 
boundaries of the Dayton, Ohio, port of entry and ``Wilmington 
Airport'' will be deleted from the list of user-fee airports at 19 CFR 
122.15(b).

Authority

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

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 proposed 
rule is not a significant regulatory action within the meaning of 
Executive Order 12866. This proposed rule also will not have a 
significant economic impact on a substantial number of small entities 
as it merely expands the limits of an existing port of entry. 
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 this port extension is 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 delegate).

    Dated: November 14, 2006.
Michael Chertoff,
Secretary.
[FR Doc. E6-19631 Filed 11-20-06; 8:45 am]
BILLING CODE 9111-14-P