[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Proposed Rules]
[Pages 66862-66866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27792]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Part 100

19 CFR Part 101

[Docket No. USCBP-2011-0032]
RIN 1651-AA90


Opening of Boquillas Border Crossing and Update to the Class B 
Port of Entry Description

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking proposes to create a border 
crossing in Big Bend National Park to be called Boquillas. The 
Boquillas crossing would be situated between Presidio and Del Rio, 
Texas. U.S. Customs and Border Protection (CBP) and the National Park 
Service plan to partner on the construction of a joint use facility in 
Big Bend National Park where the border crossing would operate. This 
NPRM proposes to designate the Boquillas border crossing as a ``Customs 
station'' for customs purposes and a Class B port of entry for 
immigration purposes.
    This NPRM also proposes to update the description of a Class B port 
of entry to reflect current border crossing documentation requirements.

DATES: Comments must be received on or before December 27, 2011.

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-2011-0032.
     Mail: Border Security Regulations Branch, Office of 
International Trade, Customs and Border Protection, Regulations and 
Rulings, Attention: Border Security Regulations Branch, 799 9th Street, 
NW., 5th Floor, Washington, DC 20229-1179.
    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: Colleen Manaher, CBP Office of Field 
Operations, telephone (202) 344-3003.

SUPPLEMENTARY INFORMATION:

Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
notice of proposed rulemaking. CBP 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 
CBP 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.

Background

    The term ``port of entry'' is used in the Code of Federal 
Regulations (CFR) in title 19 for customs purposes and in title 8 for 
immigration purposes. Concerning customs purposes, CBP operates Customs 
ports of entry,\1\ service ports,\2\ and ``Customs stations'' \3\ 
listed and described in part 101 of the CBP regulations (19 CFR part 
101). Section 101.3 of the CBP regulations (19 CFR 101.3) lists the 
Customs ports of entry and service ports. Section 101.4 of the CBP 
regulations (19 CFR 101.4) lists the ``Customs stations'' and the 
supervisory port of entry for each station. In addition, for 
immigration purposes, 8 CFR 100.4(a) lists ports of entry for aliens 
arriving by vessel and land transportation. These ports are listed 
according to location by districts and are designated as Class A, B, or 
C, which designates which aliens may use the port. As explained in 
detail in the section of this document entitled ``Proposed Revision of 
Class B Port of Entry Description,'' we are proposing to revise the 
description of a Class B port of entry so that it conforms to recent 
changes to documentary requirements.\4\
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    \1\ A port of entry is defined in 19 CFR 101.1 as ``any place 
designated by Executive Order of the President, by order of the 
Secretary of the Treasury, or by Act of Congress, at which a Customs 
officer is authorized to accept entries of merchandise to collect 
duties, and to enforce the various provisions of the Customs and 
navigation laws.'' The authority of the Secretary of the Treasury 
referred to in this definition has been transferred to the Secretary 
of Homeland Security. Sections 403(l) and 411 of the Homeland 
Security Act of 2002 (``the Act,'' Pub. L. 107-296, 6 U.S.C. 203(l), 
211) transferred the United States Customs Service and its functions 
from the Department of the Treasury to the Department of Homeland 
Security.
    \2\ A service port is defined in 19 CFR 101.1 as ``a Customs 
location having a full range of cargo processing functions, 
including inspections, entry, collections, and verification.''
    \3\ A ``Customs station'' is defined in 19 CFR 101.1 as ``any 
place, other than a port of entry, at which Customs officers or 
employees are stationed, under the authority contained in article IX 
of the President's Message of March 3, 1913 (T.D. 33249), to enter 
and clear vessels, accept entries of merchandise, collect duties, 
and enforce the various provisions of Customs and navigation laws of 
the United States.''
    \4\ Class A ports of entry are those designated for all aliens. 
Class C ports of entry are designated only for aliens arriving as 
crewmen, as the term is defined by the Immigration and Nationality 
Act with respect to vessels.
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    This notice of proposed rulemaking (NPRM) proposes to establish a 
border crossing in Big Bend National Park where U.S. citizens and 
certain aliens would be able to cross into the United States. Before 
2002, a border crossing, called Boquillas, was open in the national 
park. The new border crossing would be located at the site of the 
historic crossing and would also be called the Boquillas border 
crossing. This NPRM proposes to designate the Boquillas border crossing 
as a Class B port of entry and a ``Customs station'' under the 
supervisory port of entry of Presidio, Texas. Presidio, Texas is a

[[Page 66863]]

Customs port of entry listed in section 101.3 of the CBP regulations 
(19 CFR 101.3). For ease of reference, this NPRM refers to the proposed 
Boquillas port of entry/``Customs station'' in this document as a 
border crossing.

History of Big Bend National Park

    Sixty-five years ago, the Presidents of the United States and 
Mexico corresponded about creating Big Bend National Park in the United 
States, wherein they envisioned the conservation of the shared 
ecosystems on both sides of the Rio Grande. Mexico later established 
the Ca[ntilde]on de Santa Elena and Maderas del Carmen protected areas 
in Chihuahua and Coahuila, which are adjacent to Big Bend. In 1935, the 
U.S. Congress authorized Big Bend National Park to preserve and protect 
a representative area of the Chihuahuan Desert along the Rio Grande for 
the benefit and enjoyment of present and future generations. The park, 
formally established in June 1944, encompasses more than 800,000 acres 
in southwest Texas. The Rio Grande runs through the park and forms part 
of the international boundary between Mexico and the United States. The 
park includes rich biological and geological diversity, cultural 
history, recreational resources, and outstanding opportunities for 
binational protection of our shared natural and cultural heritage.
    Prior to 2002, visitors to the park could cross the Rio Grande to 
eat, buy goods, and experience the villages near the border, such as 
Boquillas, Mexico. In May 2002, following September 11, 2001 (9/11), 
the Boquillas crossing was closed until appropriate security measures 
could be implemented. Since 2002, there has been no authorized 
international crossing point within Big Bend National Park. The nearest 
border crossing currently is located in the port of entry of Presidio, 
Texas, located approximately 100 miles west. Due to the current 
situation, park staff and visitors of Big Bend National Park who wish 
to travel to the protected areas of Mexico directly across from the 
park must drive several hours to depart and reenter the United States 
through the nearest port of entry at Presidio, Texas.

United States-Mexico Joint Presidential Statement

    On May 19, 2010, President Obama and President Calder[oacute]n 
issued a joint statement pledging both countries' commitment to 
protecting wild lands on opposite sides of the Rio Grande, noting the 
long history of bilateral cooperation in the conservation of natural 
and cultural resources. The Presidents recognized that the Big Bend 
National Park and Rio Grande Wild and Scenic River in the United 
States, along with the Protected Areas of Maderas del Carmen, 
Ca[ntilde]on de Santa Elena, Ocampo, and R[iacute]o Bravo del Norte in 
Mexico, together comprise one of the largest and most significant 
ecological systems in North America. To preserve this region of 
extraordinary biological diversity, they expressed their support for 
the U.S. Department of the Interior and the Secretariat of Environment 
and Natural Resources of Mexico to work through appropriate national 
processes to recognize and designate Big Bend-R[iacute]o Bravo as a 
natural area of binational interest. The Presidents noted that 
increased cooperation in these protected areas would restrict 
development and enhance security in the region and within this fragile 
desert ecosystem. The joint Presidential statement encourages an 
increased level of cooperation between the two countries.
    Based on this joint Presidential statement, on January 6, 2011, the 
Commissioner of CBP announced that CBP plans to re-establish a border 
crossing at Boquillas. The ability to enter the United States from 
within the protected areas would foster the Presidents' goals by 
supporting visitor access to these unique areas.

Proposed Boquillas Border Crossing

    This NPRM proposes to create a border crossing in Big Bend National 
Park where U.S. citizens and certain aliens with proper documentation 
would be able to enter the United States from Mexico. The Boquillas 
border crossing would fill the void of a long stretch of border between 
Presidio and Del Rio, Texas where there is currently no authorized 
international border crossing and would facilitate travel within the 
Big Bend-R[iacute]o Bravo region. This NPRM proposes to designate the 
Boquillas border crossing as a ``Customs station'' for customs purposes 
and a Class B port of entry for immigration purposes. Under this NPRM, 
CBP is also proposing to update the description of a Class B port of 
entry to reflect current border crossing document requirements. The 
Boquillas border crossing would fit within the proposed new description 
of a Class B port of entry.
    Big Bend National Park is one of the most biologically diverse 
regions in the world and represents an area of binational interest. A 
border crossing would support park rangers and scientists on both sides 
of the border and aid in the joint protection of shared wildlife such 
as black bear and cougars. The partnership with Mexico would add to the 
cooperative environment that has developed for the protection of 
wildlife and encourage travel to this biologically diverse region.

Coordination With the National Park Service

    The National Park Service (NPS) within the U.S. Department of the 
Interior is working with CBP on the proposed border crossing. Efforts 
to establish this new border crossing were set in motion by discussions 
between the White House, the U.S. Department of the Interior, and the 
Department of Homeland Security. CBP and NPS plan to collaborate on the 
construction of a joint use facility in Big Bend National Park where 
the border crossing will operate. NPS would provide the needed land and 
would construct the facility. NPS also would provide parking, an access 
trail, and a landing point for the cross-border boats. Additionally, 
NPS has prepared an environmental analysis, as required by the National 
Environmental Policy Act (NEPA), to determine the impact the new 
facility will have on the environment.
    The new facility would include the infrastructure necessary to 
operate a border crossing, functioning as a ``Customs station'' and a 
Class B immigration port of entry. The facility would also accommodate 
the NPS functions that support the ability to manage visitor use of the 
border crossing, and would provide public restrooms, an information 
lobby, and a waiting area. NPS plans to provide staffing for visitor 
contact during normal park operational hours.

 Boquillas Border Crossing Operations

    The proposed Boquillas border crossing would be a ``Customs 
station'' under the supervisory port of entry of Presidio, Texas, which 
is a Customs port of entry. 19 CFR 101.3. The site of the border 
crossing would be in the southeast portion of Big Bend National Park, 
approximately one mile northeast of Rio Grande Village. The site is 
adjacent to the Rio Grande just outside of the floodplain and would be 
accessible from Boquillas Canyon Road, a paved road leading from Rio 
Grande Village to the Boquillas Canyon Trailhead. CBP Border Patrol 
agents and NPS law enforcement currently work onsite within the Big 
Bend National Park boundaries and would provide a law enforcement 
presence and response as needed. The border crossing would only be open 
during daylight hours.
    The Boquillas border crossing would allow U.S. citizens and certain 
aliens with appropriate lawful documentation to enter the United States 
from Mexico. We anticipate that park visitors, park

[[Page 66864]]

staff, and researchers would use the border crossing. As there is no 
bridge across the Rio Grande (the international border) to support 
vehicular traffic, travelers would reach the building on foot after 
crossing the river on their own or by ferry.

Traveler Inspection at the Boquillas Border Crossing

    CBP intends to use a combination of staffing and technology 
solutions to operate the border crossing. Remote technology would 
assist CBP in maintaining security and verifying the identity of those 
entering the United States, while also ensuring that they possess 
proper documentation to do so. Kiosks electronically connected to the 
El Paso port of entry would enable CBP officers in El Paso to remotely 
process travelers at the Boquillas border crossing.\5\ CBP officers in 
El Paso would be in contact with Border Patrol agents within the park, 
who could respond when a physical inspection is required. CBP officers 
would assist onsite as operational needs dictate. CBP would install a 
24-hour surveillance camera at the Boquillas crossing to monitor 
activity. CBP will process and clear all persons who use the Boquillas 
border crossing to enter the United States.
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    \5\ Although Boquillas would be under the supervision of the 
Presidio port of entry, the kiosks would be connected to the El Paso 
port of entry because El Paso has the appropriate facilities for 
remote processing.
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    The Boquillas border crossing would service only pedestrians 
visiting Big Bend National Park and Mexican Protected Areas--not import 
business. Therefore, CBP will not process cargo, commercial entries, or 
vehicles at Boquillas. Persons using the Boquillas border crossing 
would only be permitted to bring limited merchandise into the United 
States; CBP would only process items exempt from duties and taxes under 
19 CFR 10.151. This provision generally covers importations that do not 
exceed $200 in value.\6\ All such items must comply with all applicable 
regulations, including all relevant Animal and Plant Health Inspection 
Service restrictions. Persons using the Boquillas crossing must also 
comply with Federal wildlife protection laws and U.S. Fish and Wildlife 
Service wildlife import/export regulations.
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    \6\ Under 19 CFR 10.151, importations that do not exceed $200 in 
value are generally exempt from duty and taxes. Such merchandise 
shall be entered under the informal entry procedures. See 19 CFR 
128.24(d).
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Proposed Revision of Class B Port of Entry Description

    The current description of a Class B port of entry in 8 CFR 
100.4(a) refers to aliens admissible without documents under 
documentary waivers found in 8 CFR part 212. These waivers, however, 
were generally eliminated by the Intelligence Reform and Terrorism 
Prevention Act of 2004 (IRTPA), Public Law No. 108-458, Sec.  7209, 118 
Stat. 3638, 3823, as amended.
    Pursuant to IRTPA, DHS and the Department of State (DOS) issued two 
rules implementing the Western Hemisphere Travel Initiative (WHTI), 
which require U.S. citizens and nonimmigrant aliens from Bermuda, 
Canada, and Mexico to present certain documents when entering the 
United States from within the Western Hemisphere.\7\ The WHTI rules 
amended, among other sections of the Code of Federal Regulations, 8 CFR 
212.0, 212.1, and 235.1, pertaining to documentary requirements for 
nonimmigrants and the inspection of persons applying for admission to 
enter the United States.
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    \7\ On November 24, 2006, DHS and DOS issued a joint final rule, 
effective on January 23, 2007, that implemented WHTI at U.S. air 
ports of entry. See 71 FR 68412. On April 3, 2008, DHS and DOS 
issued another joint final rule, effective on June 1, 2009, that 
implemented WHTI at U.S. land and sea ports of entry. See 73 FR 
18384.
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    Prior to the implementation of WHTI, nationals of Bermuda and 
Canada, and certain nationals of Mexico, were exempt from documentary 
requirements if entering the United States from within the Western 
Hemisphere. The WHTI final rules amended the relevant sections of the 
regulations (in parts 212 and 235) to provide that these travelers are 
no longer admissible without documents and must present a document 
compliant with WHTI when seeking to enter the United States.
    As a result of the changes implemented by WHTI, the description of 
Class B ports of entry in 8 CFR 100.4(a) is now outdated. CBP 
regulations currently describe Class B ports as follows:

    Class B means that the port is a designated Port-of-Entry for 
aliens who at the time of applying for admission are lawfully in 
possession of valid Permanent Resident Cards or valid non-resident 
aliens' border-crossing identification cards or are admissible 
without documents under the documentary waivers contained in part 
212 of this chapter. (emphasis added)

    The aliens who were previously admissible without documents 
pursuant to 8 CFR part 212 were nonimmigrant aliens who were nationals 
of Bermuda or Canada or certain nationals of Mexico. In general, these 
persons must now comply with WHTI documentary requirements as set forth 
in parts 212 and 235. Thus, this NPRM proposes amending the description 
of a Class B port of entry to delete the outdated phrase ``are 
admissible without documents under the documentary waivers contained in 
part 212 of this chapter'' and replace it with language that is more 
precise and consistent with WHTI requirements.
    The WHTI rules did not remove the exemption from documentary 
requirements for International Boundary and Water Commission (IBWC) 
workers. See 8 CFR 212.1(c)(5). Therefore, employees, who are involved 
either directly or indirectly on the construction, operation, or 
maintenance of works in the United States undertaken in accordance with 
a 1944 treaty between the United States and Mexico regarding the 
functions of the IBWC, and entering the United States temporarily in 
connection with such employment, continue to be exempt from WHTI 
document requirements. Under the proposed Class B description, these 
persons will continue to be admissible without documents at a Class B 
port of entry.
    The proposed Class B description is set forth below:

    Class B means that the port is a designated Port-of-Entry for 
aliens who at the time of applying for admission are exempt from 
document requirements by section 212.1(c)(5) of this chapter or who 
are lawfully in possession of valid Permanent Resident Cards, and 
nonimmigrant aliens who are citizens of Canada or Bermuda or 
nationals of Mexico and who at the time of applying for admission 
are lawfully in possession of all valid documents required for 
admission as set forth in section 212.1(a) and (c) and 235.1(d) and 
(e) of this chapter and are admissible without further arrival 
documentation or immigration processing.

    The proposed Class B description includes other technical and 
clarifying revisions that will make the regulation easier for the 
public to understand. Specifically, one change under the proposed 
description would remove reference to ``valid non-resident aliens' 
border-crossing cards'' from the Class B description. This reference 
would be redundant if included in the new description because border-
crossing cards are one of the acceptable WHTI compliant documents 
listed in section 212.1(c). Therefore, it is unnecessary to specify 
border-crossing cards in the Class B description. Moreover, CBP will 
continue to accept these border-crossing cards at Class B ports of 
entry under the new description.
    Another change under the proposed Class B description expressly 
would permit Mexican nationals in lawful possession of valid WHTI-
compliant documents, including border-crossing

[[Page 66865]]

cards, to use Class B ports of entry. The current Class B description 
does not specify that Mexican nationals possessing WHTI-compliant 
documents, other than a border-crossing card, may use Class B ports of 
entry. This change will align the Class B description with current WHTI 
requirements.
    Finally, CBP notes that while Class A ports are designated for all 
aliens and designed to provide full processing at the border, Class B 
ports are designed for processing a more limited segment of those 
aliens entering the United States. Class B ports generally provide 
limited functions and are not now and were not previously intended to 
provide full service processing, including issuing documents (such as a 
Form I-94) at the border. Therefore, the proposed description includes 
language to clarify that the aliens listed in the Class B description 
must be admissible without further arrival documentation or immigration 
processing.

Proposed Amendments to the Regulations

    If the proposed opening of the Boquillas border crossing is 
adopted, the list of ports of entry in 8 CFR 100.4(a) and the list of 
``Customs stations'' in 19 CFR 101.4(c) will be amended to reflect this 
change.

Authority

    These changes are proposed pursuant to 5 U.S.C. 301, 6 U.S.C. 112, 
203 and 211, 8 U.S.C. 1103, 8 U.S.C. 1185 note (section 7209 of Pub. L. 
108-458), and 19 U.S.C. 1, 58b, 66 and 1624.

Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review)

    Executive Order 12866, as amended by Executive Order 13563, 
requires Federal agencies to assess the costs and benefits of 
regulatory actions as a means to improve regulatory decision making. 
This NPRM is not an ``economically significant'' rulemaking action 
under Executive Order 12866, because it will not result in the 
expenditure of more than $100 million in any one year. This NPRM, 
however, is a significant regulatory action under Executive Order 
12866; therefore, the Office of Management and Budget has reviewed this 
regulation.
    The opening of the Boquillas border crossing will entail 
constructing a small inspection facility and installing hardware that 
meets the technical specifications for land ports of entry. NPS will 
construct a building large enough to house both a small visitor center 
and the CBP inspection station. This construction is to be funded 
entirely by NPS and is expected to cost $2.1 million,\8\ which accounts 
for special construction needed to address the remoteness of the 
facility. CBP will be responsible for procuring and installing all 
equipment needed for its operation, which includes inspection kiosks, 
surveillance equipment, and an agricultural waste disposal system. This 
equipment will cost $1,577,000 the first year, which includes 
installation, hardware, connectivity, and security.\9\ We estimate that 
the facility will cost $200,000 each year for operation and 
maintenance; an estimated $195,000 will be incurred by CBP and $5,000 
by NPS.\10\ NPS will also staff the facility with a combination of paid 
seasonal and volunteer personnel. NPS estimates that 0.5 paid Full-Time 
Equivalents (FTEs) will be needed to staff the new facility at a cost 
of approximately $17,800 per year.\11\ The total cost of opening the 
Boquillas border crossing is estimated to be $3.7 million in the first 
year and $217,800 in subsequent years, all of which will be incurred by 
the U.S. government.
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    \8\ Source: National Park Service Predesign Study--Boquillas 
Crossing Visitor Contact/Border Station. January 2011.
    \9\ Source: CBP Office of Information Technology estimate on 
March 4, 2011.
    \10\ Sources: CBP Office of Information Technology estimate on 
March 4, 2011 and National Park Service estimate on March 24, 2011.
    \11\ NPS assumes the facility will be staffed seasonally for 
approximately half the year with a GS-05 step 5 employee ($35,489 
annual salary). Email communication with Big Bend park management 
staff on March 24, 2011. Salary information: http://www.opm.gov/oca/11tables/html/RUS.asp, accessed March 24, 2011. Calculation: 0.5 FTE 
x $35,489 = $17,745, rounded to $17,800. This calculation does not 
include benefits, because the facility will be staffed by part-time 
seasonal employees.
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    NPS anticipates that 15,000 to 20,000 people will use the Boquillas 
border crossing in the first year.\12\ Most of this traffic is expected 
to be U.S. citizens who will benefit from visiting the town of 
Boquillas del Carmen on the Mexican side of the border for food, 
souvenirs, and a unique cultural experience. The number of border 
crossers may grow over time as NPS continues to work with the Mexican 
government to develop ecotourism and sports and recreational 
opportunities. Because of the absence of data on the number of future 
border crossers and their willingness to pay for these experiences, we 
are not able to quantify the benefit of the availability of these 
experiences to the U.S. economy.
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    \12\ Source: Telephone communication with Big Bend park 
management staff on January 10, 2011.
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    In addition to opening a new border crossing at Boquillas, this 
NPRM would revise the definition of a Class B port to make the 
admissibility documents allowed at a Class B port consistent with WHTI. 
The costs and benefits of obtaining WHTI-compliant documents were 
included in the Final Rule establishing WHTI.\13\ This NPRM would not 
result in any additional costs or benefits.
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    \13\ The Regulatory Assessments for the April 2008 final rule 
for WHTI requirements in the land environment can be found at http://www.regulations.gov, document numbers USCBP-2007-0061-0615 and 
USCBP-2007-0061-0616.
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Regulatory Flexibility Act

    This section examines the impact of the NPRM on small entities as 
required by the Regulatory Flexibility Act (5 U.S.C. 603), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996. 
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 NPRM does not directly impact small entities because 
individuals will be affected by the NPRM and individuals are not 
considered small entities. Thus, we believe that this NPRM will likely 
not have a significant economic impact on a substantial number of small 
entities. We welcome any comments regarding this assessment. If we do 
not receive any comments with information that shows this NPRM would 
have a significant economic impact on a substantial number of small 
entities, we will certify that this NPRM will not have a significant 
economic impact on a substantial number of small entities at the final 
rule stage.

Executive Order 13132

    The NPRM will not have substantial direct effects on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with section 6 of Executive 
Order 13132, this NPRM does not have sufficient federalism implications 
to warrant the preparation of a federalism summary impact statement.

The National Environmental Policy Act of 1969

    DHS and CBP, in consultation with NPS within the Department of 
Interior, have been reviewing the potential environmental and other 
impacts of this

[[Page 66866]]

proposed rule in accordance with the National Environmental Policy Act 
(NEPA) of 1969 (42 U.S.C. 4321 et seq.), the regulations of the Council 
on Environmental Quality (40 CFR part 1500), and DHS Management 
Directive 023-01, Environmental Planning Program of April 19, 2006.
    NPS prepared an environmental assessment (EA) that examines the 
effects on the natural and human environment associated with the 
proposed construction and operation of a visitor station and 
establishment of a Class B port of entry on the Rio Grande between the 
United States and Mexico within Big Bend National Park. The NPS EA 
encompasses all components of the Boquillas border crossing, including 
CBP operations of the port of entry. On April 29, 2011, NPS posted a 
notice of availability of the EA on NPS's Planning, Environment and 
Public Comment (PEPC) Web site at http://parkplanning.nps.gov/bibe and 
described how the public may provide comments on the EA. On June 28, 
2011, NPS issued a Finding of No Significant Impact (FONSI) concluding 
that the proposed activities would not result in a significant impact 
to the human and natural environment.
    In accordance with NEPA, CBP has carefully reviewed the EA 
developed by NPS and has determined that it accurately considers all 
potential impacts of the project; therefore, CBP intends to adopt the 
EA developed by NPS and issue a FONSI. CBP has posted the EA prepared 
by NPS and a Draft FONSI on the CBP Web site at http://www.cbp.gov and 
in the docket for this rulemaking at http://www.regulations.gov and 
solicits public comment. Members of the public may submit comments via 
email to [email protected] or via mail to U.S. 
Customs and Border Protection, Environmental Planning Branch, 1331 
Pennsylvania Ave. NW., Suite 1220, Washington, DC 20229. Please 
reference ``Boquillas'' in the subject line. CBP will accept comments 
on these documents until December 27, 2011.

Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a) 
because the establishment of this Customs station is not within the 
bounds of those regulations for which the Secretary of the Treasury has 
retained sole authority. Accordingly, this notice of proposed 
rulemaking may be signed by the Secretary of Homeland Security (or her 
delegate).

List of Subjects

8 CFR Part 100

    Organization and functions (Government agencies).

19 CFR Part 101

    Customs duties and inspection, Harbors, Organization and functions 
(Government agencies), Seals and insignia, Vessels.

Amendments to the Regulations

    For the reasons stated in the preamble, we propose to amend 8 CFR 
part 100 and 19 CFR part 101 as set forth below.

Title 8--Aliens and Nationality

CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

PART 100--STATEMENT OF ORGANIZATION

    1. Revise the authority citation for part 100 to read as follows:

    Authority:  8 U.S.C. 1103; 8 U.S.C. 1185 note (section 7209 of 
Pub. L. 108-458); 8 CFR part 2.

    2. Amend Sec.  100.4(a) as follows:
    a. Revise the fifth sentence of Sec.  100.4(a) as set forth below.
    b. Under the heading ``District No. 15--El Paso, Texas,'' add the 
subheading, ``Class B'' and add ``Boquillas, TX'' under the new ``Class 
B'' heading.


Sec.  100.4  Field Offices

    (a) * * * Class B means that the port is a designated Port-of-Entry 
for aliens who at the time of applying for admission are exempt from 
document requirements by Sec.  212.1(c)(5) of this chapter or who are 
lawfully in possession of valid Permanent Resident Cards, and 
nonimmigrant aliens who are citizens of Canada or Bermuda or nationals 
of Mexico and who at the time of applying for admission are lawfully in 
possession of all valid documents required for admission as set forth 
in Sec. Sec.  212.1(a) and (c) and 235.1(d) and (e) of this chapter and 
are admissible without further arrival documentation or immigration 
processing. * * *

Title 19--Customs Duties

CHAPTER I--U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND 
SECURITY; DEPARTMENT OF THE TREASURY

PART 101--GENERAL PROVISIONS

    3. The general authority citation for part 101, and the sectional 
authority citation for Sec. Sec.  101.3 and 101.4, 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.
    Section 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *


Sec.  101.4  [Amended]

    4. In Sec.  101.4(c), under the state of Texas, add ``Boquillas'' 
in alphabetical order to the Customs station column and add 
``Presidio.'' to the corresponding Supervisory port of entry column.

Janet Napolitano,
Secretary.
[FR Doc. 2011-27792 Filed 10-27-11; 8:45 am]
BILLING CODE 9111-14-P