[Federal Register Volume 71, Number 171 (Tuesday, September 5, 2006)]
[Rules and Regulations]
[Pages 52288-52290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7393]


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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

0
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

0
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;
* * * * *

0
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,

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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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