Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 78637 

1 19 CFR 101.3 lists both the Customs ports of 

entry and the Customs service ports. 19 CFR 101.4 

Continued 

order to reflect the current organization 

tasked with using agency 

responsibilities for the restricted areas. 

This is an administrative change that 

does not affect the boundaries, 

designated altitudes, times of 

designation, or activities conducted 

within restricted areas R–2512 Holtville, 

CA; therefore, notice and public 

procedure under 5 U.S.C. 553(b) are 

unnecessary. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action of amending the using agency 

information for R–2512 Holtville, CA, 

qualifies for categorical exclusion under 

the National Environmental Policy Act 

(42 U.S.C. 4321 et seq.) and its 

implementing regulations at 40 CFR part 

1500, and in accordance with FAA 

Order 1050.1F ‘‘Environmental Impacts: 

Policies and Procedures,’’ paragraph 5– 

6.5a, which categorically excludes from 

further environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points), and paragraph 5– 

6.5d, which categorically excludes from 

further environmental impact review 

the modification of the technical 

description of special use airspace 

(SUA) that does not alter the 

dimensions, altitudes, or times of 

designation of the airspace (such as 

changes in designation of the 

controlling or using agency, or 

correction of typographical errors). This 

airspace action is an administrative 

change to the description of restricted 

area R–2512 Holtville, CA, to update the 

using agency name. It does not alter the 

restricted area dimensions, designated 

altitudes, times of designation, or use of 

the airspace. Therefore, this airspace 

action is not expected to result in any 

significant environmental impacts. In 

accordance with FAA Order 1050.1F, 

paragraph 5–2 regarding Extraordinary 

Circumstances, this action has been 

reviewed for factors and circumstances 

in which a normally categorically 

excluded action may have a significant 

environmental impact requiring further 

analysis. The FAA has determined that 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment or 

environmental impact study. 

Lists of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for 14 CFR 

part 73 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 73.22 [Amended] 

■ 2. Section 73.22 is amended as 

follows: 

* * * * * 

R–2512 Holtville, CA 

Using Agency. U.S. Marine Corps, 

Commanding Officer, Marine Corps Air 

Station Yuma, Yuma, AZ. 

* * * * * 

Issued in Washington, DC, on November 

13, 2023. 

Karen Chiodini, 

Acting Manager, Airspace Rules and 

Regulations. 

[FR Doc. 2023–25347 Filed 11–15–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Part 101 

[CBP Dec. No. 23–05] 

RIN 1651–AB44 

Management of Customs Ports of 

Entry and Customs Stations 

AGENCY: U.S. Customs and Border 

Protection, DHS. 

ACTION: Final rule. 

SUMMARY: In this final rule, the 

Department of Homeland Security 

clarifies that the Secretary of Homeland 

Security has the authority to establish, 

rearrange or consolidate, and 

discontinue Customs ports of entry and 

Customs stations and revises the 

Customs and Border Protection 

regulations to reflect this clarification. 

DATES: This rule is effective on 

November 16, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Siobhan Chambers, Branch Chief, 

Modeling and Optimization, Office of 

Field Operations, Planning, Program 

Analysis and Evaluation, Operational 

and Enterprise Analytics, U.S. Customs 

and Border Protection, at 

siobhan.m.chambers@cbp.dhs.gov or 

(202) 325–3935. 

SUPPLEMENTARY INFORMATION: 

I. Background 

U.S. Customs and Border Protection 

(CBP), a component of the Department 

of Homeland Security, operates two 

types of ports of entry, commonly 

referred to as immigration ports of entry 

and Customs ports of entry. Immigration 

ports of entry are those ports of entry 

used for the processing of travelers 

arriving by any means of travel into the 

United States. See title 8 Code of 

Federal Regulations (CFR) section 235.1 

(8 CFR 235.1). Customs ports of entry, 

which include customs service ports, 

are those entry locations authorized to 

receive entries of merchandise for the 

collection of duties and for the 

enforcement of the various provisions of 

the customs and navigation laws. See 19 

CFR 101.1. In addition, CBP operates 

Customs stations, which are locations 

outside the boundaries of Customs ports 

of entry, but which, like Customs ports 

of entry, are authorized to receive 

entries of merchandise and enforce the 

various provisions of the customs and 

navigation laws.1 See 19 CFR 101.1. 


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78638 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 

lists the Customs stations, all of which are 

supervised by a Customs port of entry. The 

supervising port of entry for each Customs station 

is also listed in 19 CFR 101.4. 

2The word ‘‘customs’’ added here for clarity. 

Although the word ‘‘customs’’ does not appear in 

this section, Title 19 of the U.S. Code specifically 

deals with customs duties and therefore this section 

relates to customs ports as defined herein. 

3Executive Order 10289 (16 FR 9499). 

4 In 2006, the Secretary of Homeland Security 

issued a Delegation Order in which he delegated 

certain authorities to the Commissioner of CBP but 

specifically reserved to himself the authority to 

‘‘discontinue [Customs] ports of entry by abolishing 

the same and establishing others in their stead.’’ See 

DHS Delegation Order 7010.3. 

5 8 CFR 1.2 provides that after March 1, 2003, 

references to ‘‘Commissioner’’ mean the Director of 

U.S. Citizenship and Immigration Services, the 

Commissioner of U.S. Customs and Border 

Protection, and the Director of U.S. Immigration 

and Customs Enforcement, as appropriate in the 

context in which the term appears. In the context 

of immigration port authority in 8 CFR 100.4 and 

234.4, ‘‘Commissioner’’ means the Commissioner of 

CBP. 

In most cases, Customs ports of entry 

and Customs stations exist within the 

same physical location as immigration 

ports and utilize the same CBP 

personnel for processing travelers and 

merchandise. Despite the use of the 

same location and personnel, there are 

separate regulations governing the 

authority to establish, rearrange, 

consolidate, and close the immigration 

and Customs ports and stations. 

Authority regarding management of 

immigration ports is addressed in title 8 

of the CFR, while Customs port and 

Customs station authority is addressed 

in title 19 of the CFR. See 8 CFR 100.4 

and 234.4; 19 CFR 101.3 and 101.4. 

With regard to customs ports of entry, 

19 U.S.C. 2, authorizes the President ‘‘to 

discontinue [customs] 2 ports of entry by 

abolishing the same or establishing 

others in their stead.’’ President Truman 

delegated this authority to the Secretary 

of the Treasury in 1951.3 The Secretary 

of the Treasury then delegated this 

authority to the Deputy Assistant 

Secretary (Regulatory, Tariff, and Trade 

Enforcement) through the regulation in 

Section 101.3 of Title 19 of the CFR (19 

CFR 101.3). That regulation authorizes 

the Assistant Secretary to ‘‘establish, 

rearrange or consolidate, and to 

discontinue customs ports of entry as 

the needs of the Customs Service may 

require.’’ The Homeland Security Act of 

2002 (the Act) transferred this authority 

to the Secretary of DHS.4 See Public 

Law 107–22296, Section 403, 6 U.S.C. 

203. Despite this transfer of authority to 

the Secretary of DHS, the regulation at 

19 CFR 101.3 still refers to the Treasury 

officers. 

The authority to establish, rearrange 

or consolidate, and to discontinue 

Customs stations is held by the 

Secretary of DHS pursuant to the Act. 

See Sec. 403, Public Law 107–296, 6 

U.S.C. 203. This authority is not 

specifically referenced in the title 19 

CFR regulations. 

Prior to the passage of the Act, the 

authority to manage immigration ports 

of entry was held by the Commissioner 

of the Immigration and Nationality 

Service (INS). The Act transferred 

immigration related authorities, 

including those related to immigration 

ports of entry, from the Commissioner of 

the INS to the Secretary of DHS. See 

title IV, Public Law 107–296, 6 U.S.C. 

Chapter 1. The applicable regulations, 8 

CFR 100.4 and 234.4, specify that the 

Commissioner of CBP (the 

Commissioner) has the authority to 

manage immigration ports of entry.5

In this rule, DHS is clarifying that the 

authority to establish, rearrange or 

consolidate, and to discontinue Customs 

ports of entry and Customs stations rests 

with the Secretary of Homeland 

Security and not the Secretary of the 

Treasury. This rule revises the 

applicable regulations in title 19 of the 

CFR so that they are consistent with the 

Act. 

Specifically, DHS is amending 19 CFR 

101.3 to reflect that the Secretary of 

DHS has the authority to establish, 

rearrange or consolidate, and 

discontinue Customs ports of entry and 

Customs service ports. DHS is also 

amending this section to include a 

reference to ‘‘Customs service ports,’’ 

which are a type of ‘‘Customs port of 

entry’’ as noted above. The specific 

reference to ‘‘Customs service ports’’ 

clarifies that the Secretary has the 

authority to establish, rearrange or 

consolidate, and to discontinue all 

Customs ports of entry, including 

service ports. 

DHS is also amending 19 CFR 101.4 

to reflect that the Secretary has the 

authority to establish, rearrange or 

consolidate, and discontinue Customs 

stations as operational needs may 

require. 

II. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

The Administrative Procedure Act 

(APA) generally requires agencies to 

publish a notice of proposed rulemaking 

in the Federal Register and provide 

interested persons the opportunity to 

submit comments. 5 U.S.C. 553(b), (c). 

The APA also generally requires that 

substantive rules have a 30-day delayed 

effective date from the date of 

publication. See 5 U.S.C. 553(d). 

However, certain exceptions are 

provided. 

The APA provides an exception from 

notice and comment procedures as well 

as the requirement for a 30-day delayed 

effective date when the rule is a matter 

relating to agency management. See 5 

U.S.C. 553(a)(2). In this rule DHS is 

merely updating regulations to reflect 

that the Secretary of DHS has the 

authority to establish, rearrange or 

consolidate, and discontinue Customs 

ports of entry and Customs service 

ports. Therefore, this is merely a matter 

of agency management. 

Additionally, the APA provides an 

exception to notice and comment 

requirements when the rule is one of 

‘‘agency organization, procedure, or 

practice.’’ See 5 U.S.C. 553(b)(A). This 

exception also applies because this rule 

merely amends the regulations to 

accurately reflect the Secretary of DHS’s 

authority regarding ports and has no 

effect on the public. 

Based on the above considerations, 

this rule is exempt from the notice and 

comment and delayed effective date 

provisions of the APA pursuant to 5 

U.S.C. 553(a)(2) and 5 U.S.C. 553(b)(A). 

B. Executive Orders 13563 and 12866 

Executive Orders 13563 and 12866 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule is 

not a ‘‘significant regulatory action,’’ 

under section 3(f) of Executive Order 

12866. Accordingly, OMB has not 

reviewed this regulation. 

These regulatory changes are being 

made to reflect the transfer of authority 

to establish, rearrange and close 

Customs ports of entry and Customs 

stations from the Secretary of the 

Treasury to the Secretary of DHS 

pursuant to the Act. These changes have 

no effect on the public as there will be 

no changes to services at the ports and 

no economic costs or benefits. 

Therefore, this rule has no economic 

impact. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996, requires 

agencies to assess the impact of 

regulations on small entities. A small 

entity may be a small business (defined 


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Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 78639 

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 notfor-profit organization; or a small 

governmental jurisdiction (locality with 

fewer than 50,000 people). Since a 

notice of proposed rulemaking was not 

necessary, a regulatory flexibility 

analysis is not required. 

List of Subjects in 19 CFR Part 101 

Harbors, Organization and functions 

(Government agencies), Seals and 

insignia, and Vessels. 

For reasons set forth in the preamble, 

part 101 of title 19 of the Code of 

Federal Regulations is amended as set 

forth below: 

PART 101—GENERAL PROVISIONS 

■ 1. The authority citation for part 101 

continues to read as follows: 

Authority: 5 U.S.C. 301; 6 U.S.C. 101, et. 

seq.; 19 U.S.C. 2, 66, 1202 (General Note 3(i), 

Harmonized Tariff Schedule of the United 

States), 1623, 1624, 1646a. Section 101.3 and 

101.4 also issued under 19 U.S.C. 1 and 58b; 

Section 101.5 also issued under 19 U.S.C. 

1629; Section 101.9 also issued under 19 

U.S.C. 1411–1414. 

■ 2. Amend § 101.3 by revising 

paragraph (a) to read as follows: 

§ 101.3 Customs service ports and ports 

of entry. 

(a) Designation of Customs field 

organization. The Secretary of 

Homeland Security is authorized to 

establish, rearrange or consolidate, and 

to discontinue Customs ports of entry 

and Customs service ports as 

operational needs may require. 

* * * * * 

■ 3. Amend § 101.4 by revising 

paragraph (c) to read as follows: 

§ 101.4 Entry and clearance of vessels at 

Customs stations. 

* * * * * 

(c) Customs stations designated. 

(1) The Secretary of Homeland 

Security is authorized to establish, 

rearrange, or consolidate, and to 

discontinue Customs stations as 

operational needs may require. 

(2) The Customs stations and the ports 

of entry having supervision thereof are 

listed below: 

Customs station Supervisory port of entry 

Alaska 

Barrow ............................ Fairbanks. 

Dutch Harbor .................. Anchorage. 

Eagle ............................... Alcan. 

Fort Yukon ...................... Fairbanks. 

Haines ............................. Dalton Cache. 

Hyder .............................. Ketchikan. 

Customs station Supervisory port of entry 

Kaktovik (Barter Island) .. Fairbanks. 

Kenai (Nikiski) ................. Anchorage. 

Northway ......................... Alcan. 

Pelican ............................ Juneau. 

Petersburg ...................... Wrangell. 

California 

Campo ............................ Tecate. 

Otay Mesa ...................... San Diego. 

San Ysidro ...................... San Diego. 

Colorado 

Colorado Springs ............ Denver. 

Delaware 

Lewes ............................. Philadelphia, PA. 

Florida 

Fort Pierce ...................... West Palm Beach. 

Green Cove Springs ....... Jacksonville. 

Port St. Joe ..................... Panama City. 

Indiana 

Fort Wayne ..................... Indianapolis. 

Maine 

Bucksport ........................ Belfast. 

Coburn Gore ................... Jackman. 

Daaquam ........................ Jackman. 

Easton ............................. Fort Fairfield. 

Estcourt ........................... Fort Kent. 

Forest City ...................... Houlton. 

Hamlin ............................. Van Buren. 

Maryland 

Salisbury ......................... Baltimore. 

Massachusetts 

Provincetown .................. Plymouth. 

Michigan 

Alpena ............................. Saginaw-Bay City-Flint. 

Detour ............................. Sault Ste. Marie. 

Escanaba ........................ Sault Ste. Marie. 

Grand Haven .................. Muskegon. 

Houghton ........................ Sault Ste. Marie. 

Marquette ........................ Sault Ste. Marie. 

Rogers City ..................... Saginaw-Bay City-Flint. 

Minnesota 

Crane Lake ..................... Duluth, MN-Superior, WI. 

Ely ................................... Duluth, MN-Superior, WI. 

Lancaster ........................ Noyes. 

Oak Island ...................... Warroad. 

Mississippi 

Biloxi ............................... Mobile, AL. 

Montana 

Wild Horse ...................... Great Falls. 

Willow Creek ................... Great Falls. 

New Jersey 

Atlantic City ..................... Philadelphia-Chester, PA 

and Wilmington, DE. 

Port Norris ...................... Philadelphia-Chester, PA 

and Wilmington, DE. 

Tuckerton ........................ Philadelphia-Chester, PA 

and Wilmington, DE. 

Customs station Supervisory port of entry 

New York 

Cannons Corners ........... Champlain-Rouses 

Point. 

Churubusco .................... Trout River. 

New Hampshire 

Pittsburg .......................... Beecher Falls, VT. 

Monticello ........................ Houlton, ME. 

Orient .............................. Houlton, ME. 

Ste. Aurelie ..................... Jackman, ME. 

St. Pamphile ................... Jackman, ME. 

New Mexico 

Antelope Wells (Mail: 

Hachita, NM).

Columbus, NM. 

North Dakota 

Grand Forks .................... Pembina. 

Minot ............................... Pembina. 

Ohio 

Akron .............................. Cleveland. 

Fairport Harbor ............... Ashtabula/Conneaut. 

Lorain .............................. Sandusky. 

Marblehead-Lakeside ..... Sandusky. 

Put-in-Bay ....................... Sandusky. 

Oklahoma 

Muskogee ....................... Tulsa. 

Texas 

Amistad Dam .................. Del Rio. 

Boquillas ......................... Presidio. 

Falcon Dam .................... Roma. 

Fort Hancock .................. Fabens. 

Los Ebanos ..................... Rio Grande City. 

Marathon ......................... El Paso. 

Vermont 

Beebe Plaine .................. Derby Line. 

Canaan ........................... Beecher Falls. 

East Richford .................. Richford. 

Newport .......................... Derby Line. 

North Troy ....................... Derby Line. 

West Berkshire ............... Richford. 

* * * * * 

Alejandro N. Mayorkas, 

Secretary. 

[FR Doc. 2023–25280 Filed 11–15–23; 8:45 am] 

BILLING CODE 9111–14–P 

SELECTIVE SERVICE SYSTEM 

32 CFR Part 1665 

RIN 3240–AA04 

Social Security Number Fraud 

Prevention Act of 2017 Implementation 

AGENCY: United States Selective Service 

System. 

ACTION: Direct Final Rule; request for 

comments. 

SUMMARY: SSS is adding a section to its 

Privacy Act regulations to implement 

restrictions on the use of Social Security 

numbers in documents mailed by SSS. 


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