[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Proposed Rules]
[Pages 23133-23134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11551]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101

[Docket No. USCBP-2008-0047]


Extension of Port Limits of Columbus, OH

AGENCY: Customs and Border Protection, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice of proposed rulemaking proposes to extend the 
geographical limits of the port of Columbus, Ohio, to include the 
Rickenbacker Intermodal Terminal and additional territory that likely 
will be needed for supporting infrastructure so that it will be within 
the newly defined port limits. The proposed change would make the 
boundaries more easily identifiable to the public. 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.

DATES: Comments must be received on or before July 17, 2009.

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-2008-0047.
     Mail: Border Security Regulations Branch, Office of 
International Trade, 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 on regular business days between the hours of 9 
a.m. and 4:30 p.m. at the Office of International Trade, Customs and 
Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. 
Arrangements to inspect submitted comments should be made in advance by 
calling Mr. Joseph Clark at (202) 325-0118.

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

SUPPLEMENTARY INFORMATION: 

I. Public Participation

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

II. Background

    As part of its continuing efforts to provide better service to 
carriers, importers, and the general public, CBP is proposing to extend 
the port boundaries for the port of entry at Columbus, Ohio.
    The Columbus Regional Airport Authority has partnered with the 
Norfolk Southern Corporation to create an intermodal facility 
immediately adjacent to Rickenbacker International Airport. The 
creation of the new Rickenbacker Intermodal Terminal is an important 
part of the Columbus Regional Airport Authority's plan to address a 
capacity problem at current facilities in the area. The terminal is 
located to the south of the current port boundaries. In order to 
accommodate the new facility and the necessary additional territory for 
supporting infrastructure so that it falls within the newly defined 
port limits, CBP is proposing to amend the port limits of the port of 
Columbus, Ohio. This proposed change will make the port boundaries more 
easily identifiable to the public. CBP has determined that this 
proposed change will result in better service that is provided to the 
public by the port by addressing a capacity problem at current 
facilities in the area. The proposed change will not require a change 
in the staffing or workload at the port.

[[Page 23134]]

III. Current Port Limits of Columbus, Ohio

    The current port limits of Columbus, Ohio, are contained in two 
separate Treasury Decisions: 82-9 and 96-67.
    Treasury Decision (T.D.) 82-9, published in the Federal Register 
(47 FR 1286) on January 12, 1982, specified the limits as follows:

    The geographical boundaries of the Columbus, Ohio, Customs port 
of entry include all of the territory within the corporate limits of 
Columbus, Ohio; all of the territory completely surrounded by the 
city of Columbus; and, all of the territory enclosed by Interstate 
Highway 270 (outer belt), which completely surrounds the city.

    T.D. 96-67, published in the Federal Register (61 FR 49058) on 
September 18, 1996, expanded the port limits of Columbus, Ohio, to 
encompass the port limits set forth in T.D. 82-9 as well as the 
following territory:

    Beginning at the intersection of Rohr and Lockbourne Roads, then 
proceeding southerly along Lockbourne Road to Commerce Street, 
thence easterly along Commerce Street to its intersection with the N 
& W railroad tracks, then southerly along the N & W railroad tracks 
to the Franklin-Pickaway County line, thence easterly along the 
Franklin-Pickaway County line to its intersection with Pontius Road, 
then northerly along Pontius Road to its intersection with Rohr 
Road, thence westerly along Rohr Road to its intersection with 
Lockbourne Road, the point of beginning, all within the County of 
Franklin, State of Ohio.

IV. Proposed Port Limits of Columbus, Ohio

    The new port limits of Columbus, Ohio, are proposed as follows:

    The geographic boundaries of the Columbus, Ohio, port of entry 
include all of Franklin County, and that part of Pickaway County 
east of U.S. Route 23 and north of State Route 752, all in the State 
of Ohio.

V. Proposed Amendment to the Regulations

    If the proposed port limits are adopted, CBP will amend the list of 
CBP ports of entry at 19 CFR 101.3(b)(1), to reflect the new 
description of the limits of the Columbus, Ohio, port of entry.

V. Authority

    This change is proposed 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).

VI. 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 or her delegate).

VII. Statutory and Regulatory Reviews.

A. Executive Order 12866: Regulatory Planning and Review

    This proposed 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 proposed change is intended to expand the geographical 
boundaries of the Port of Columbus, Ohio, and make it more easily 
identifiable to the public. There are no new costs to the public 
associated with this rule. Accordingly, this proposed 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 proposed rule does not directly regulate small entities. 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. To the extent 
that all entities are able to more efficiently or conveniently access 
the facilities and resources within the proposed expanded geographical 
area of the new port limits, this proposed rule, if finalized, should 
confer benefits to CBP, carriers, importers, and the general public.
    Because this rule does not directly regulate small entities, we do 
not believe that this rule has a significant economic impact on a 
substantial number of small entities. However, we welcome comments on 
that assumption. The most helpful comments are those that can give us 
specific information or examples of a direct impact on small entities. 
If we do not receive comments that demonstrate that the rule causes 
small entities to incur direct costs, we may certify that this action 
does not have a significant economic impact on a substantial number of 
small entities during the final rule.

    Dated: May 12, 2009.
Janet Napolitano,
Secretary.
[FR Doc. E9-11551 Filed 5-15-09; 8:45 am]
BILLING CODE 9111-14-P