[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Rules and Regulations]
[Pages 75631-75632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30616]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 80, No. 232 / Thursday, December 3, 2015 / 
Rules and Regulations  

[[Page 75631]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR PART 100

[CBP Dec. 15-17]


Technical Amendment to List of Field Offices: Expansion of San 
Ysidro, California Port of Entry To Include the Cross Border Xpress 
User Fee Facility

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Final rule; technical amendment.

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

SUMMARY: This document amends the Department of Homeland Security (DHS) 
regulations by revising the list of field offices to expand the limits 
of the San Ysidro, California Class A port of entry to include the 
Cross Border Xpress (CBX) user fee facility. Class A ports of entry are 
designated ports that process all aliens applying for admission into 
the United States. The CBX facility includes a pedestrian walkway 
connecting the Tijuana A.L. Rodriguez International Airport (Tijuana 
Airport) in Mexico to San Diego, California and a passenger terminal 
located in San Diego that will be used exclusively to process Tijuana 
Airport passengers traveling to and from the United States via the 
pedestrian walkway.

DATES: This rule is effective on December 9, 2015, the date the CBX 
facility will open.

FOR FURTHER INFORMATION CONTACT: Tara Ross, Office of Field Operations, 
[email protected], 202-344-1031.

SUPPLEMENTARY INFORMATION: 

I. Background

    Ports of entry are places (seaports, airports, or land border 
ports) designated by the Secretary of the Department of Homeland 
Security where CBP officers or employees are assigned to accept entries 
of merchandise, clear passengers, collect duties, and enforce the 
various provisions of the customs and immigration laws, as well as 
other laws applicable at the border. 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. Subject to certain 
exceptions, all individuals entering the United States must present 
themselves to an immigration officer for inspection at a U.S. port of 
entry when the port is open for inspection. See 8 CFR 235.1. Customs 
and immigration services may also be provided by CBP officers at 
facilities that are designated as user fee facilities pursuant to 19 
U.S.C. 58b. User fee facilities are approved by the Commissioner of CBP 
to receive, for a fee, the services of CBP officers, including the 
processing of travelers entering the United States.
    The ports of entry for immigration purposes for aliens arriving by 
vessel and land transportation are listed in 8 CFR 100.4(a). 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. 
Class A ports are those designated for all aliens. Class B and C ports 
are restricted to certain aliens. If the facility processes aliens for 
immigration purposes, the facility may be considered a port of entry 
for purposes of title 8 CFR. In such case, an amendment to 8 CFR 
100.4(a) is necessary.\1\
---------------------------------------------------------------------------

    \1\ 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)). User fee facilities are not 
considered ports of entry for purposes of 19 CFR 101.3(b)(1). 
Therefore, the designation of a user fee facility does not require 
an amendment to this provision.
---------------------------------------------------------------------------

The Cross Border Express (CBX) User Fee Facility

    On March 21, 2014, the Commissioner of CBP approved a request from 
Otay-Tijuana Venture, LLC for CBP to provide reimbursable inspection 
services, pursuant to 19 U.S.C. 58b, at a new cross-border user fee 
facility named ``Cross Border Xpress'' or CBX.\2\ At this facility, CBP 
will provide a variety of inspection services, including immigration 
services.
---------------------------------------------------------------------------

    \2\ On July 22, 2015, CBP issued a press release announcing the 
establishment of CBX as a user fee facility pursuant to 19 U.S.C. 
58b. It also indicated that CBX would operate as a Class A port of 
entry. See: http://www.cbp.gov/newsroom/national-media-release/2015-07-22-000000/cbp-partners-new-cross-border-terminal-cross.
---------------------------------------------------------------------------

    The CBX facility was designed in accordance with U.S. and 
international security standards. It includes an enclosed pedestrian 
walkway connecting the Tijuana Airport in Mexico to San Diego, 
California and a passenger terminal located in San Diego that will be 
used exclusively to process ticketed Tijuana Airport passengers 
traveling to and from the United States via the walkway. The pedestrian 
walkway will be accessible only for ticketed Tijuana Airport 
passengers.
    Travelers with departing flights from the Tijuana Airport will use 
the CBX facility's north entrance in the United States to cross the 
international border into Mexico. To use the facility, these travelers 
must present a valid airline ticket for a flight departing from the 
Tijuana Airport in the next twenty-four hours and purchase a CBX bridge 
pass. Airline tickets and CBX passes may be purchased the same day at 
ticket windows at the north entrance. CBX passes may also be purchased 
online in advance. After being subject to inspection by CBP officers, 
travelers will use the pedestrian walkway to cross the international 
border. At the Tijuana Airport, travelers will be processed by Mexican 
immigration and customs authorities. After processing, the travelers 
will enter the Tijuana Airport for their departing flight.
    Travelers landing at the Tijuana Airport may use the CBX facility 
to apply for admission or entry to the United States. These travelers 
must purchase a CBX pass and use the CBX facility within four hours of 
their flight's arrival at the airport to apply for admission or entry 
to the United States. Passes may be purchased online in advance or at 
ticket counters at the Tijuana Airport. Travelers will be processed by 
Mexican immigration and customs authorities at the Tijuana Airport 
before entering the CBX facility. Travelers will use the CBX pedestrian 
walkway to cross the international border into the United States and 
then apply for admission or entry into the United States at the 
processing terminal where they will be subject to immigration, customs 
and agriculture inspection by CBP officers. CBP will

[[Page 75632]]

process only pedestrians at the CBX facility. CBP will not process 
cargo, commercial entries, or vehicles.

Expansion of San Ysidro, California Class A Port of Entry To Include 
the CBX User Fee Facility

    The port of San Ysidro, California is included within the San Diego 
district and is listed in 8 CFR 100.4(a) as a Class A port of entry. 
This rule amends 8 CFR. 100.4(a) to expand the San Ysidro Class A port 
of entry to include the CBX facility.

II. Statutory and Regulatory Requirements

A. Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Under section 553 of the Administrative Procedure Act (APA) (5 
U.S.C. 553), rulemaking generally requires prior notice and comment, 
and a 30-day delayed effective date, subject to specified exceptions. 
Pursuant to 5 U.S.C. 553(a)(2), matters relating to agency management 
or personnel are excepted from the requirements of section 553.
    This rule expands the San Ysidro Class A port of entry to include 
the CBX facility. CBP has already designated the CBX facility as a user 
fee facility pursuant to 19 U.S.C. 58b and has approved the request for 
CBP officers to provide reimbursable inspection services at the CBX 
facility to Tijuana airport travelers entering and departing the United 
States at the CBX facility. Otay-Tijuana Venture, LLC, the operator of 
the facility, will reimburse CBP for the expenses CBP incurs, including 
the salary and expenses of CBP officers that will provide the CBP 
services, in accordance with the approved request. The approved request 
to provide such services, and the update to the list of the Class A 
ports of entry to reflect this approved request directly relates to 
CBP's operations and agency management and personnel. As such, CBP 
finds that this rule pertains to a matter relating to agency management 
or personnel within 5 U.S.C 553(a)(2) which is excepted from the prior 
notice and comment and delayed effective date requirements of section 
553.
    Additionally, as provided in 5 U.S.C. 553(b)(3)(A), the prior 
notice and comment requirements do not apply when agencies promulgate 
rules concerning agency organization, procedure, or practice. This rule 
falls within that category.
    As discussed above, on March 21, 2014, the CBP Commissioner 
approved the request from Otay-Tijuana Venture, LLC for CBP to provide 
inspection services at the new CBX facility pursuant to 19 U.S.C. 58b. 
The designation of the CBX as a user fee facility means that CBP will 
be providing agency personnel at the facility, pursuant to the approved 
request, to process travelers for application for admission or entry 
into and departure from the United States. This rule, which updates the 
list of Class A ports of entry in 8 CFR 100.4(a) to include the CBX 
facility within the San Ysidro port of entry, simply makes the 
necessary amendments to section 100.4(a) to implement the CBP 
Commissioner's decision to designate the CBX facility as a user fee 
facility. It is a procedural or organizational rule that does not have 
a substantial impact on the user fee facility or on the public. For 
this reason, CBP finds that this is a rule of agency organization, 
procedure, or practice, which is not subject to notice and comment 
rulemaking pursuant to Sec.  553(b)(3)(A).

B. The Regulatory Flexibility Act and Executive Orders 12866 and 13563

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. This amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866, as supplemented by Executive Order 13563.

C. The National Environmental Policy Act of 1969

    In 2009, the Otay-Tijuana Venture, LLC applied to the Department of 
State (DOS) for a Presidential Permit pursuant to Executive Order 
11423, as amended, which authorizes the Secretary of State to issue 
Presidential permits for the construction, connection, operation, and 
maintenance of facilities at the borders of the United States if he or 
she finds them to be in the national interest. In support of its 
application for a Presidential permit, Otay-Tijuana Venture, LLC 
submitted a draft environmental assessment (EA) prepared under the 
guidance and supervision of DOS, consistent with the National 
Environmental Policy Act (NEPA). This EA examined the effects on the 
natural and human environment associated with the construction and 
establishment of the facility. On December 29, 2009, DOS provided 
public notice of the draft EA in the Federal Register (74 FR 68906) and 
invited public comment for 45 days.
    On July 23, 2010, DOS published a notice in the Federal Register 
(75 FR 43225) announcing that it adopted the EA and issued a ``Finding 
of No Significant Impact'' concluding that the CBX facility would not 
result in a significant impact on the human and natural environment. On 
August 10, 2010, DOS published a notice in the Federal Register (75 FR 
48408) announcing the issuance of a Presidential permit, effective 
August 3, 2010, to Otay-Tijuana Venture, LLC for the construction, 
operation, and maintenance of the CBX facility.

D. Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a) 
because the establishment of this title 8 Class A Port of Entry is not 
within the bounds of those regulations for which the Secretary of the 
Treasury has retained sole authority. Accordingly, this rule may be 
signed by the Secretary of Homeland Security (or his delegate).

List Of Subjects in 8 CFR Part 100

    Organization and functions (Government agencies).

Amendments to Regulations

    For the reasons set forth above, part 100 of title 8 of the Code of 
Federal Regulations (8 CFR part 100) is amended as set forth below.

PART 100--STATEMENT OF ORGANIZATION

0
1. The authority citation for part 100 continues 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.


Sec.  100.4  [Amended]

0
2. Amend Sec.  100.4 in paragraph (a), under the heading ``District No. 
39-San Diego, California'', subheading, ``Class A'', add ``(including 
the Cross Border Xpress (CBX) facility)'' after ``San Ysidro, CA''.

    Dated: November 30, 2015.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2015-30616 Filed 12-2-15; 8:45 am]
 BILLING CODE 9111-14-P