[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Proposed Rules]
[Pages 24656-24657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9996]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 101

[Docket No. USCBP-2012-0006]


Extension of Port Limits of Indianapolis, IN

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: U.S. Customs and Border Protection (CBP) is proposing to 
extend the geographical limits of the port of entry of Indianapolis, 
Indiana. The proposed extension will make the boundaries more easily 
identifiable to the public and will allow for uniform and continuous 
service to the extended area of Indianapolis, Indiana. The proposed 
change is part of CBP's continuing program to use its personnel, 
facilities, and resources more efficiently, and to provide better 
service to carriers, importers, and the general public.

DATES: Comments must be received on or before June 25, 2012.

ADDRESSES: Please 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-2012-0006.
     Mail: Border Security Regulations Branch, Office of 
International Trade, U.S. Customs and Border Protection, Mint Annex, 
799 9th Street NW., 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.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Comments submitted 
will be available for public inspection in accordance with the Freedom 
of Information Act (5 U.S.C. 552) and 19 CFR 103.11(b) on normal 
business days between the hours of 9 a.m. and 4:30 p.m. at the Border 
Security Regulations Branch, Office of International Trade, U.S. 
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: Roger Kaplan, Office of Field 
Operations, U.S. Customs and Border Protection, (202) 325-4543, or by 
email at [email protected].

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 
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 
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.

II. Background

    As part of its continuing efforts to use CBP's personnel, 
facilities, and resources more efficiently, and to provide better 
service to carriers, importers, and the general public, CBP is 
proposing to extend the limits of the Indianapolis, Indiana, port of 
entry. CBP ports of entry are locations where CBP officers and 
employees are assigned to accept entries of merchandise, clear 
passengers, collect duties, and enforce the various provisions of 
customs, immigration, agriculture, and related U.S. laws at the border. 
The term ``port of entry'' is used in the Code of Federal Regulations 
(CFR) in title 8 for immigration purposes and in title 19 for customs 
purposes. For customs purposes, CBP regulations list designated CBP 
ports of entry and the limits of each port in section 101.3(b)(1) of 
title 19 (19 CFR 101.3(b)(1)).\1\
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    \1\ Ports of entry for immigration purposes are currently listed 
at 8 CFR 100.4.
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    Indianapolis was designated as a customs port of entry by the 
President's message of March 3, 1913, concerning a reorganization of 
the customs service pursuant to the Act of August 24, 1912 (37 Stat. 
434; 19 U.S.C. 1). Although CBP is not aware of any document which 
specifically sets forth the geographical boundaries of the Indianapolis 
port of entry, the port limits are generally understood to be the 
corporate limits of the city of Indianapolis.
    In 1970, by act of the Indiana legislature, the city of 
Indianapolis consolidated with the surrounding county of Marion. 
However, four municipalities within Marion County remained excluded 
from the corporate limits of Indianapolis. Additionally, members of the 
trade community have expressed a need for CBP services in areas west 
and south of the city limits.
    CBP would like to extend the boundaries of the port of entry of 
Indianapolis, Indiana, to include all the territory within the 
boundaries of Marion County, Indiana, as well as portions of the 
neighboring counties of Boone, Hendricks, and Johnson. This update is 
necessary to clarify the geographic limits of the port. The update will 
also allow CBP to better serve the public in the greater Indianapolis 
area, by providing regular service to (1) municipalities within 
Indianapolis that are not technically within the city limits, and to 
(2) locations to the immediate west and south of the city. The proposed 
change in the boundaries of the port of Indianapolis, Indiana, will not 
result in a change in the service that is provided to the public by the 
port and will not require a change in the staffing or workload at the 
port.

III. Proposed Port Limits of Indianapolis, Indiana

    The new port limits of Indianapolis, Indiana, are proposed as 
follows:
    In the State of Indiana, all of Marion County; that part of Boone 
County which is west of Interstate Route 65 and east of State Route 39; 
that part of Hendricks County which is east of State Route 39; and that 
part of Johnson County which is east of State Route 37, north of State 
Route 144, and west of Interstate Route 65.
    CBP has included a map of the proposed port limits in the docket as 
``Attachment: Port of Entry of Indianapolis--Proposed Limits.''

IV. Statutory and Regulatory Reviews

A. Executive Orders 12866 and 13563

    DHS does not consider this proposed rule to be a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, 
Regulatory Planning and Review, as supplemented by Executive

[[Page 24657]]

Order 13563. The proposed change is intended to expand the geographical 
boundaries of the Indianapolis, Indiana, port of entry and make the 
boundaries more easily identifiable to the public. There are no new 
costs to the public associated with this rule, and the rule does not 
otherwise implicate the factors set forth in section 3(f) of Executive 
Order 12866. Accordingly, this rule has not been submitted to the 
Office of Management and Budget for review.

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 merely expands the limits of an existing port of 
entry and does not impose any new costs on the public. Accordingly, we 
certify that this rule would not have a significant economic impact on 
a substantial number of small entities.

C. Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a) 
because the extension of port limits 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).

V. Authority

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

VI. 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 Indianapolis, Indiana, port of entry.

    Dated: April 10, 2012.
Janet Napolitano,
Secretary of Homeland Security.
[FR Doc. 2012-9996 Filed 4-24-12; 8:45 am]
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