52336 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

filing process will be designed to fit 

each project and will include some or 

all of the following: 

(1) Assisting the prospective applicant 

in developing initial information about 

the proposal and identifying affected 

parties (including landowners, agencies, 

and other interested parties). 

(2) Issuing an environmental scoping 

notice and conducting such scoping for 

the proposal. 

(3) Facilitating issue identification 

and resolution. 

(4) Conducting site visits, examining 

alternatives, meeting with agencies and 

stakeholders, and participating in the 

prospective applicant’s public 

information meetings. 

(5) Reviewing draft Resource Reports. 

(6) Initiating the preparation of a 

preliminary Environmental Assessment 

or Draft Environmental Impact 

Statement, the preparation of which 

may involve cooperating agency review. 

(h) A prospective applicant using the 

pre-filing procedures of this section 

shall comply with the procedures in 18 

CFR 388.112 for the submission of 

documents containing critical energy 

infrastructure information, as defined in 

18 CFR 388.113. 

§ 157.22 [Removed] 

8. Section 157.22 is removed. 

PART 375—THE COMMISSION 

8a. The authority citation for part 375 

continues to read as follows: 

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717w, 3301–3432; 16 U.S.C. 791–825r, 

2601–2645; 42 U.S.C. 7101–7352. 

9. In § 375.308, paragraph (z) is 

revised to read as follows: 

§ 375.308 Delegations to the Director of 

the Office of Energy Projects. 

* * * * * 

(z) Approve, on a case-specific basis, 

and make such decisions and issue 

guidance as may be necessary in 

connection with the use of the pre-filing 

procedures in 18 CFR 157.21, ‘‘Pre-filing 

procedures and review process for LNG 

terminal facilities and other natural gas 

facilities prior to filing of applications.’’

[FR Doc. 05–17480 Filed 9–1–05; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

19 CFR Part 101 

[DHS–2005–0057] 

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, 

DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This rule proposes to amend 

the Department of Homeland Security 

regulations pertaining to the field 

organization of the Bureau of Customs 

and Border Protection 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 rule proposes to 

realign the port boundaries of the port 

of entry at San Francisco, California 

since these boundaries currently 

encompass an area that is to be included 

within the new port of Sacramento. This 

change is part of the Bureau of Customs 

and Border Protection’s continuing 

program to utilize more efficiently its 

personnel, facilities, and resources to 

provide better service to carriers, 

importers, and the general public. 

DATES: Comments must be received on 

or before November 1, 2005. 

ADDRESSES: Comments, identified by 

docket number DHS–2005–0057, may be 

submitted by one of the following 

methods: 

EPA Federal Partner EDOCKET Web 

Site: http://www.epa.gov/feddocket. 

Follow instructions for submitting 

comments on the Web site. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Comments by mail are to be 

addressed to the Bureau of Customs and 

Border Protection, Office of Regulations 

and Rulings, Regulations Branch, 1300 

Pennsylvania Avenue, NW. (Mint 

Annex), Washington, DC 20229. 

Submitted comments by mail may be 

inspected at the Bureau of Customs and 

Border Protection, 799 9th Street, NW., 

Washington, DC. To inspect comments, 

please call (202) 572–8768 to arrange for 

an appointment. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://www.epa.gov/ 

feddocket, including any personal 

information provided. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Dore, Office of Field Operations, 

202–344–2776. 

SUPPLEMENTARY INFORMATION: 

Background 

As part of its continuing efforts to 

provide better service to carriers, 

importers, and the general public, the 

Department of Homeland Security 

(DHS), Bureau of Customs and Border 

Protection (CBP), is proposing to 

establish a new port of entry at 

Sacramento, California. 

The new port of entry would include 

all the territory within the following 

areas: (i) The corporate limits of 

Sacramento, including the adjacent 

territory comprised of McClellan 

Airport in Sacramento County; (ii) all 

territory on the San Joaquin River in 

Contra Costa and San Joaquin Counties, 

to and including Stockton; (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 new port of Sacramento is located 

within the State of California. 

Sacramento International Airport 

currently is a user fee airport. User fee 

airports do not qualify for designation 

by CBP as international airports (which 

are a specific type of CBP port of entry) 

based on the volume of their business, 

but 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. Unlike the 

situation at an international airport, the 

availability of customs services at a user 

fee airport is not paid for out of 

appropriations from the general treasury 

of the United States. Instead, customs 

services are provided on a fully 

reimbursable basis to be paid for by the 

airport on behalf of the recipients of the 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 52337 

services; the airport pays a fee for 

customs services and then seeks 

reimbursement from the actual users of 

those services. This proposal, if 

adopted, would terminate the user fee 

status of Sacramento International 

Airport and therefore also terminate the 

system of reimbursable fees for the 

Sacramento International Airport. 

Sacramento International Airport, 

however, would become subject to the 

passenger-processing fee provided for 

under 19 U.S.C. 58c(a)(5)(B). 

The current port limits of the port of 

entry at San Francisco, California (San 

Francisco-Oakland), which are 

described in Treasury Decision (T.D.) 

82–9 published at 47 FR 1286 (January 

12, 1982), include the proposed port of 

Sacramento. Accordingly, if Sacramento 

is established as a port of entry with the 

geographical limits described in this 

document, the geographical limits of the 

port of entry at San Francisco-Oakland 

would be modified. The geographical 

limits of the port of San FranciscoOakland would include all the territory 

within the corporate limits of San 

Francisco and Oakland; all points on the 

San Francisco Bay, San Pablo Bay, 

Carquinez Strait and Suisan Bay. 

Port of Entry Criteria 

The criteria considered by CBP in 

determining whether to establish a port 

of entry are found in T.D. 82–37 

published at 47 FR 10137 (March 9, 

1982), subsequently revised and 

amended by T.D. 86–14 published at 51 

FR 4559 (February 5, 1986) and T.D. 87–

65 published at 52 FR 16328 (May 4, 

1987). Under these criteria, CBP will 

evaluate whether there is a sufficient 

volume of import business (actual or 

potential) to justify the expense of 

maintaining a new office or expanding 

service at an existing location. 

Specifically, CBP will consider 

whether the proposed port of entry 

location can: 

(1) Demonstrate that the benefits to be 

derived justify the Federal Government 

expense involved; 

(2) Except in the case of land border 

ports, be serviced by at least two major 

modes of transportation (rail, air, water, 

or highway); and 

(3) Except in the case of land border 

ports, have a minimum population of 

300,000 within the immediate service 

area (approximately a 70-mile radius). 

In addition, one of the following five 

actual or potential workload criteria 

(minimum number of transactions per 

year), or an appropriate combination 

thereof, must be met in the area to be 

serviced by the proposed port of entry: 

(1) 15,000 international air 

passengers; 

(2) 2,500 formal consumption entries 

(each valued over $2,000 and no more 

than half of the 2,500 entries being 

attributed to one private party), with the 

applicant location committing to 

optimal use of electronic data input 

means to permit integration with any 

CBP system for electronic processing of 

entries; 

(3) For land border ports, 150,000 

vehicles; 

(4) 2,000 scheduled international 

aircraft arrivals (passengers and/or 

crew); or 

(5) 350 cargo vessel arrivals. 

Finally, facilities at the proposed port 

of entry must include, where 

appropriate, wharfage and anchorage 

adequate for oceangoing vessels, cargo 

and passenger facilities, warehouse 

space for the secure storage of imported 

cargo pending final CBP inspection and 

release, and administrative office space, 

inspection areas, storage areas, and 

other space as necessary for regular CBP 

operations. 

Sacramento’s Workload Statistics 

This proposed rule to establish the 

Sacramento, California area as a port of 

entry is based on CBP’s analysis of the 

following information: 

1. Sacramento, California and the 

Sacramento International Airport are 

serviced by four modes of 

transportation: 

(a) rail (Amtrak); 

(b) air (Sacramento International 

Airport, McClellan Airport and Travis 

Air Force Base); 

(c) highway (Interstate 5 and Interstate 

80); and 

(d) water (Sacramento Seaport on the 

Sacramento River, Stockton Seaport). 

2. The area within the immediate 

service area (approximately a 70-mile 

radius of Sacramento International 

Airport) currently has a population 

exceeding 2,000,000 persons. 

3. Regarding the actual or potential 

workload criteria, during calendar year 

2003, 25,560 international air 

passengers deplaned at Sacramento 

International Airport via Mexicana 

Airlines. This number of international 

air passengers exceeds the criteria 

requirement of 15,000 international 

passengers within one year by 10,560. 

From January 1, 2004 through October 

30, 2004, 20,352 international air 

passengers deplaned at Sacramento 

International Airport, also via Mexicana 

Airlines. New international service for 

Mexicana Airlines began in December 

2004, adding three additional cities in 

Mexico for service to Sacramento 

International Airport, resulting in a 

projected total of 55,000 deplaned 

international passengers at Sacramento 

International Airport for calendar year 

2005. Additionally, the Sacramento 

Seaport services approximately 800 

vessels per year and averages 1,000,000 

tons of cargo. 

CBP facilities are already in place at 

the proposed port of Sacramento and 

will continue to be provided at no cost 

to the Federal Government. The 

Sacramento County Airport System has 

spent $3,200,000 for the reconstruction 

of the International Arrivals Building at 

the Sacramento airport. A large 

technology sector is located in the 

Sacramento area, including seven of the 

ten largest manufacturers in the region 

involved in the research and 

development of advanced technology 

items. The Metro Air Park, adjacent to 

the Sacramento International Airport, 

has been zoned for 21 million square 

feet of warehousing, office, retail and 

high technology space, in anticipation 

of the formation of a port of entry at 

Sacramento. CBP believes that the 

establishment of a new port in the local 

area will provide significant benefits to 

the Sacramento-area community by 

providing enhanced business 

competitiveness for existing enterprises 

and enabling the retention and 

expansion of the number of jobs in the 

area. 

This rule also proposes the 

realignment of the port of entry at San 

Francisco-Oakland to allow for the new 

port of Sacramento. The port of entry at 

San Francisco-Oakland will continue to 

satisfy the criteria for a port of entry 

even after the proposed realignment. 

San Francisco International Airport 

alone, processed 3,685,519 international 

passengers and crew during 2004. The 

San Francisco area includes a 

population of well over 300,000 and is 

serviced by four major modes of 

transportation (air, rail, water and 

highway). 

Proposed Amendments to Regulations 

If the proposed port of entry 

designation is adopted, the list of CBP 

ports of entry at 19 CFR 101.3(b)(1) will 

be amended to add Sacramento as a port 

of entry in California and to reflect the 

new boundaries of the San FranciscoOakland port of entry. 

Comments 

Before adopting this proposal as a 

final rule, consideration will be given to 

any written comments timely submitted 

to CBP, including comments on the 

clarity of this proposed rule and how it 

may be made easier to understand. 

Comments submitted will be available 

for public inspection in accordance with 

the Freedom of Information Act (5 

U.S.C. 552) and 19 CFR 103.11(b), on 

52338 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Proposed Rules 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the 

Regulations Branch, Office of 

Regulations and Rulings, Customs and 

Border Protection, 799 9th Street, NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Mr. Joseph Clark at (202) 572–

8768. 

Authority 

This change is proposed under the 

authority of 5 U.S.C. 301 and 19 U.S.C. 

2, 66, and 1624. 

Executive Order 12866 and the 

Regulatory Flexibility Act 

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 

proposal is not a significant regulatory 

action as defined under Executive Order 

12866. This proposed rule also will not 

have significant economic impact on a 

substantial number of small entities. 

Accordingly, CBP certifies 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 and the termination of the userfee status of an airport are not within 

the bounds of those regulations for 

which the Secretary of the Treasury has 

retained sole authority. Accordingly, the 

notice of proposed rulemaking may be 

signed by the Secretary of Homeland 

Security (or his or her delegate). 

Dated: August 26, 2005. 

Michael Chertoff, 

Secretary. 

[FR Doc. 05–17536 Filed 9–1–05; 8:45 am] 

BILLING CODE 4820–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–098] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Willoughby Bay, Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations for the ‘‘Hampton Roads 

Sailboard Classic’’, a marine event to be 

held October 29 and 30, 2005 on the 

waters of Willoughby Bay, Norfolk, 

Virginia. These special local regulations 

are necessary to provide for the safety of 

life on navigable waters during the 

event. This action is intended to restrict 

vessel traffic in portions of Willoughby 

Bay during the event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 3, 2005. 

ADDRESSES: You may mail comments 

and related material to Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, hand-deliver them to 

Room 119 at the same address between 

9 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays, or fax 

them to (757) 398–6203. The Auxiliary 

and Recreational Boating Safety Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket (CGD05–05–098) and will 

be available for inspection or copying at 

the above address between 9 a.m. and 2 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–05–098), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

In order to provide notice and an 

opportunity to comment before issuing 

an effective rule, we are providing a 

shorter than normal comment period. A 

30-day comment period is sufficient to 

allow those who might be affected by 

this rulemaking to submit their 

comments because the regulations have 

a narrow, local application, and there 

will be local notifications in addition to 

the Federal Register publication such as 

press releases, marine information 

broadcasts, and the Local Notice to 

Mariners. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the address 

listed under ADDRESSES explaining why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On October 29 and 30, 2005, the 

Windsurfing Enthusiasts of Tidewater 

will sponsor the ‘‘Hampton Roads 

Sailboard Classic’’, on the waters of 

Willoughby Bay, Norfolk, Virginia. The 

event will consist of approximately 30 

sailboards racing in heats along several 

courses within Willoughby Bay. 

Spectator vessels are anticipated to 

gather near the event site to view the 

competition. To provide for the safety of 

event participants, spectators and 

transiting vessels during the event, the 

Coast Guard will temporarily restrict 

vessel movement in the event area 

during the sailboard races. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of Willoughby Bay. 

This rule will be enforced from 9 a.m. 

to 5 p.m. on October 29 and 30, 2005, 

and will restrict general navigation in 

the regulated area during the sailboard 

race. Except for participants and vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel will be 

allowed to enter or remain in the 

regulated area during the enforcement 

period. Non-participating vessels 

desiring to transit Willoughby Bay 

during the event will be able to navigate 

safely around the regulated area. These 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of participants, spectators and 

transiting vessels. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under