[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]
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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
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
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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\
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\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.
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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.
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\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.
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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]
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