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Establishment of New Port of Entry at Sacramento, CA; Realignment of the Port Limits of the Port of Entry at San Francisco, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 5, 2006 (Volume 71, Number 171)]
[Rules and Regulations]
[Page 52288-52290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se06-3]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
19 CFR Part 101
[USCBP-2006-0057; CBP Dec. 06-23]
Establishment of New Port of Entry at Sacramento, CA; Realignment
of the Port Limits of the Port of Entry at San Francisco, CA
AGENCY: Customs and Border Protection; Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Homeland Security (DHS)
regulations pertaining to the field organization of the Bureau of
Customs and Border Protection (CBP) by establishing a new port of entry
at Sacramento, California, and terminating the user fee status of
Sacramento International Airport. In order to accommodate this new port
of entry, this document realigns the port boundaries of the port of
entry at San Francisco, California (San Francisco-Oakland), since these
boundaries currently encompass area that is included within the new
port of Sacramento. This change is part of CBP's continuing program to
more efficiently utilize its personnel, facilities, and resources to
provide better service to carriers, importers, and the general public.
EFFECTIVE DATES: October 5, 2006.
FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field
Operations, 202-344-2776.
SUPPLEMENTARY INFORMATION:
Background
In a Notice of Proposed Rulemaking (NPRM) published in the Federal
Register (70 FR 52336) on September 2, 2005, CBP proposed to amend 19
CFR 101.3(b)(1) by establishing a new port of entry at Sacramento,
California. In the notice, CBP proposed to include in the port of
Sacramento the Sacramento International Airport, currently a user fee
airport. In addition, CBP proposed to realign the San Francisco-Oakland
port of entry since it includes area within the proposed port of
Sacramento.
CBP proposed the establishment of the new port of entry because the
Sacramento area satisfies the current criteria for port of entry
designations as set forth in Treasury Decision (T.D.) 82-37 (Revision
of Customs Criteria for Establishing Ports of Entry and Stations, 47 FR
10137), as revised by T.D. 86-14 (51 FR 4559) and T.D. 87-65 (52 FR
16328). Under these criteria, CBP evaluates whether there is a
sufficient volume of import business (actual or potential) to justify
the expense of establishing a new office or expanding service at an
existing location. The NPRM detailed how the Sacramento area meets the
criteria.
Sacramento International Airport currently is a user fee airport.
User fee airports, based on the volume of their business, do not
qualify for designation as CBP ports of entry. User fee airports are
approved by the Commissioner of CBP to receive the services of CBP
officers for the processing of aircraft entering the United States and
their passengers and cargo on a fully reimbursable basis to be paid for
by the airport on behalf of the recipients of the services; the airport
pays a fee for the services and then seeks reimbursement from the
actual users of those services.
Passenger-processing fees under 19 U.S.C. 58c(a)(5)(B) are
collected from passengers at ports of entry. Because a user fee airport
pays a fee on a fully reimbursable basis for the services performed by
CBP, CBP does not also collect the passenger processing fee. In the
notice, CBP proposed to terminate the user fee status of Sacramento
International Airport, which would also terminate the system of
reimbursable fees for Sacramento International Airport. Thus, if
Sacramento International Airport were to become part of a CBP port of
entry, the airport would then become subject to the passenger-
processing fee provided for at 19 U.S.C. 58c(a)(5)(B).
The current port limits of the San Francisco-Oakland port of entry
are described in Treasury Decision (T.D.) 82-9 (47 FR 1286), effective
February 11, 1982, and include area within the proposed port of
Sacramento. Accordingly, it was proposed that, if Sacramento is
established as a port of entry as described in the NPRM, the
geographical limits of the port of entry at San Francisco-Oakland would
be modified. The port of entry at San Francisco-Oakland, with its
modified port description, would continue to meet the criteria for port
of entry status.
Analysis of Comments
Fourteen (14) comments were received in response to the September
2, 2005, NPRM. Twelve (12) of these comments were in support of the
proposal.
Three (3) commenters who supported the proposal and the two (2)
commenters who objected to the proposal raised issues regarding Mather
Airport which is located on Mather Boulevard and Highway 50, east of
[[Page 52289]]
Sacramento. The three commenters who supported the proposal sought
``clarification'' as to whether Mather Airport was to be included
within the boundaries of the new Sacramento port of entry. The two (2)
commenters who objected to the proposal were concerned that there would
be additional aircraft noise that might occur at Mather Airport if air
cargo carrier workload was relocated there from Sacramento
International Airport.
Mather Airport, located in Sacramento County just 12 miles from
downtown Sacramento, is, in fact, located within the boundaries of the
proposed CBP Port of Sacramento, California. Mather Airport has
previously been located within the port of entry at San Francisco,
California (San Francisco-Oakland). The reassignment of Mather airport
from the port of San Francisco to the port of Sacramento will not
result in any change in the functioning or processing of aircraft at
that facility. CBP has no plans to relocate air cargo carrier workload
from Sacramento International Airport to Mather Airport. Therefore, CBP
anticipates no additional aircraft noise at Mather Airport as a result
of this rule.
To address the issue of noise that might occur at Mather Airport,
one of these commenters also requested a comprehensive regional plan
and full environmental disclosure pursuant to the California
Environmental Quality Act (CEQA) and the National Environmental Policy
Act (NEPA). Since Mather Airport is merely being reassigned to the port
of Sacramento from the port of San Francisco and CBP has no reason to
expect an increase in air cargo carrier workload at Mather Airport as a
result of this change, CBP does not anticipate any environmental impact
from this rule relating to Mather Airport.
Conclusion
After consideration of the comments received, CBP continues to
believe that the establishment of a new port of entry at Sacramento,
California, and realignment of the port boundaries of the port of entry
at San Francisco, California (San Francisco-Oakland) will assist CBP in
its continuing efforts to provide better service to carriers, importers
and the general public. Therefore, CBP is establishing the new port of
entry of Sacramento to include the territory as proposed in the notice
and the port of entry description of San Francisco-Oakland will be
revised as proposed in the notice.
Port Description of Sacramento, California
The port limits of the port of entry of Sacramento, California are
as follows: (i) The corporate limits of Sacramento, including the
adjacent territory comprised of the McClellan and Mather airports in
Sacramento County; (ii) all territory on the San Joaquin River in
Contra Costa and San Joaquin Counties, to and including Stockton (which
includes Stockton Metropolitan Airport); (iii) from Sacramento,
southwest along U.S. Interstate 80, east along Airbase Parkway, to and
including the territory comprising Travis Air Force Base; (iv) all
points on the Sacramento River in Solano, Yolo and Sacramento Counties,
from the junction of the Sacramento River with the San Joaquin River in
Sacramento County, to and including Sacramento, California; and (v) all
points on the Sacramento River Deep Water Ship Channel in Solano, Yolo
and Sacramento Counties, (a) from and including, the junction of Cache
Slough with the Sacramento River, to and including Sacramento; and (b)
from Sacramento northwest along Interstate 5 to Airport Boulevard,
north along Airport Boulevard, to and including the territory
comprising the Sacramento International Airport in Sacramento County.
All of the territory included in the port of Sacramento is located
within the State of California.
Revised Port Description of San Francisco-Oakland
The geographical limits of the port of San Francisco-Oakland are
realigned to include all the territory within the corporate limits of
San Francisco and Oakland and all points on the San Francisco Bay, San
Pablo Bay, Carquinez Strait and Suisan Bay.
Sacramento International Airport
Sacramento International Airport is now within the boundaries of
the Sacramento port of entry and will no longer be a user fee airport.
It will now be subject to the passenger processing fee provided for at
19 U.S.C. 58c(a)(5)(B). The list of user fee airports at 19 CFR
122.15(b) need not be amended because ``Sacramento International
Airport'' is not currently included in that list.
Authority
This change is made under the authority of 5 U.S.C. 301 and 19
U.S.C. 2, 66, and 1624, and section 6 U.S.C. 203 of the Homeland
Security Act of 2002, Pub. L. 107-296 (November 25, 2002).
The Regulatory Flexibility Act and Executive Order 12866
With DHS approval, CBP establishes, expands and consolidates CBP
ports of entry throughout the United States to accommodate the volume
of CBP-related activity in various parts of the country. The Office of
Management and Budget has determined that this regulatory action is not
significant within the meaning of Executive Order 12866. This action
also will not have a significant economic impact on a substantial
number of small entities. Accordingly, it is certified that this
document is not subject to the additional requirements of the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Signing Authority
The signing authority for this document falls under 19 CFR 0.2(a)
because the establishment of a new port of entry, the modification of
the port limits of an existing port of entry, and the termination of
the user-fee status of an airport are not within the bounds of those
regulations for which the Secretary of the Treasury has retained sole
authority. Accordingly, this final rule may be signed by the Secretary
of Homeland Security (or his or her delegate).
List of Subjects in 19 CFR Part 101
Customs duties and inspection, Customs ports of entry, Exports,
Imports, Organization and functions (Government agencies).
Amendments to Regulations
? For the reasons set forth above, part 101 of the regulations (19 CFR
part 101), is amended as set forth below.
PART 101--GENERAL PROVISIONS
? 1. The general authority citation for part 101 and the specific
authority citation for section 101.3 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.
Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *
? 2.The list of ports in section 101.3(b)(1) is amended by adding, in
alphabetical order under the State of California ``Sacramento'' in the
``Ports of entry'' column and ``CBP Dec. 06-23'' in the ``Limits of
Port'' column. Also under the State of California, the ``Limits of
Port'' column for ``San Francisco-Oakland'' will be amended by deleting
``Including Benicia, Martinez, Richard, Sacramento, San Jose, and Stockton,
[[Page 52290]]
T.D. 82-9'' and adding ``CBP Dec. 06-23.''
Dated: August 25, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-7393 Filed 9-1-06; 8:45 am]
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