[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Pages 23110-23111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11538]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101

[USCBP-2005-0035; CBP Dec. 09-16]


Extension of Port Limits of St. Louis, MO

AGENCY: Customs and Border Protection, DHS.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Homeland Security (DHS) 
regulations pertaining to Customs and Border Protection's (CBP's) field 
organization by extending the geographical limits of the port of St. 
Louis, Missouri to include the entire expanded Lambert-St. Louis 
International Airport. The 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.

DATES: Effective Date: June 17, 2009.

FOR FURTHER INFORMATION CONTACT: Wendy M. Cooper, Office of Field 
Operations, 202-344-2057.

SUPPLEMENTARY INFORMATION: 

I. Background

    In a Notice of Proposed Rulemaking (NPRM) published in the Federal 
Register (71 FR 47156) on August 16, 2006, CBP proposed to amend the 
list of CBP ports of entry at 19 CFR 101.3(b)(1) to extend the 
geographical limits of the St. Louis, Missouri port of entry.
    The current port limits of the St. Louis, Missouri, port of entry 
are described in Treasury Decision (T.D.) 69-224, effective September 
27, 1969. In the NPRM, CBP explained that the Lambert-St. Louis 
International Airport was located within the boundaries of these port 
limits. However, at the time the NPRM was published, the airport had 
initiated an expansion project, which, when completed, would place part 
of the airport outside of the port's current boundaries. Accordingly, 
so that the entire airport would be within the port's boundaries and to 
make the boundaries more easily identifiable to the public, CBP 
proposed to extend the port limits of the port of St. Louis, Missouri 
in such a way that would align the port boundaries with the Federal 
Interstate Highways that encircle the St. Louis metropolitan area. CBP 
determined that this proposed change in the boundaries of the port of 
St. Louis, Missouri, would not result in a change in the service that 
is provided to the public by the port, nor would it require a change in 
the staffing or workload at the port.

II. Analysis of Comments and Conclusion

    CBP did not receive any comments in response to the NPRM. With the 
expansion of the airport being completed as scheduled, CBP is extending 
the geographical limits of the port of St. Louis, Missouri, as proposed 
in the NPRM. CBP believes that the inclusion of the entire airport 
within the port limits and alignment of the port boundaries with the 
Federal Interstate

[[Page 23111]]

highways that encircle the St. Louis area will enable CBP to more 
efficiently utilize its personnel, facilities, and resources, and to 
provide better service to carriers, importers, and the general public. 
The port of entry description of St. Louis, Missouri, will be revised 
as proposed in the NPRM.

III. Port Description of St. Louis, Missouri

    The port limits of St. Louis, Missouri, are as follows: Beginning 
at the point where Federal Interstate Highway 270 crosses the 
Mississippi River; thence west, southwest, south and southeast, along 
Federal Interstate Highway 270 to the point where it becomes Federal 
Interstate Highway 255; thence southeast on Federal Interstate Highway 
255 across the Mississippi River; thence north and east to the point 
where Federal Interstate Highway 255 intersects with Federal Interstate 
Highway 270; thence west along Federal Interstate Highway 270 to the 
Mississippi River, the point of beginning.

IV. Authority

    This change is made under the authority of 5 U.S.C. 301; 19 U.S.C. 
2, 66, and 1624; and 6 U.S.C. 203.

V. Statutory and Regulatory Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This rule is not considered to be an economically significant 
regulatory action under Executive Order 12866, because it will not 
result in the expenditure of over $100 million in any one year. The 
change is intended to expand the geographical boundaries of the Port of 
St. Louis, Missouri, and make it more easily identifiable to the 
public. There are no new costs to the public associated with this rule. 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB) under Executive Order 12866.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
Federal agencies to examine the impact a rule would have on small 
entities. A small entity may be a small business (defined as any 
independently owned and operated business not dominant in its field 
that qualifies as a small business per the Small Business Act), a small 
not-for-profit organization, or a small governmental jurisdiction 
(locality with fewer than 50,000 people).
    This rule does not directly regulate small entities. The 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. To the extent that all 
entities are able to more efficiently or conveniently access the 
facilities and resources within the expanded geographical area of the 
new port limits, this rule should confer benefits to CBP, carriers, 
importers, and the general public.
    Because this rule does not directly regulate small entities, CBP 
certifies that this rule does not have a significant economic impact on 
a substantial number of small entities.

VI. Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a), 
because the port extension is 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 in 19 CFR Part 101

    Customs duties and inspection, Customs ports of entry, Exports, 
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) 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:

    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;
* * * * *

0
2. In the list of ports in section 101.3(b)(1), under the State of 
Missouri, the ``Limits of port'' column adjacent to ``St. Louis'' in 
the ``Ports of entry'' column is amended by removing the language 
``Including territory described in T.D.s 67-57 and 69-224'' and adding 
in its place ``CBP Dec. 09-16.''

    Dated: May 13, 2009.
Janet Napolitano,
Secretary.
[FR Doc. E9-11538 Filed 5-15-09; 8:45 am]
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