67056 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations

authority citation continue to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,

1202 (General Note 20, Harmonized Tariff

Schedule of the United States), 1623, 1624.

Sections 101.3 and 101.4 also issued under

19 U.S.C. 1 and 58b;

* * * * *

2. Section 101.3(b)(1) is amended by

removing the entry for PhiladelphiaChester, PA and Wilmington, DE under

the states of Delaware, New Jersey, and

Pennsylvania and adding in appropriate

alphabetical order under those states the

following entries:

§ 101.3 Customs service ports and ports of entry.

* * * * *

(b) List of Ports of Entry and Service Ports. * * *

(1) Customs ports of entry. * * *

Ports of entry Limits of port

* * * * * * *

Delaware

Wilmington .......................................................... Included in the Consolidated Port of the Delaware River and Bay described in T.D. 96–4.

* * * * * * *

New Jersey

Camden, Gloucester City, and Salem ................ Included in the Consolidated Port of the Delaware River and Bay described in T.D. 96–4.

* * * * * * *

Pennsylvania

Chester ................................................................ Included in the Consolidated Port of the Delaware River and Bay described in T.D. 96–4.

* * * * * * *

Philadelphia ......................................................... Included in the Consolidated Port of the Delaware River and Bay described in T.D. 96–4.

* * * * * * *

George J. Weise,

Commissioner of Customs.

Approved: December 13, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 95–31327 Filed 12–27–95; 8:45 am]

BILLING CODE 4820–02–P

19 CFR Part 101

[T.D. 96–3]

Customs Service Field Organization—

Sioux Falls, SD

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations pertaining to the

field organization of Customs by

establishing Sioux Falls, South Dakota,

as a port of entry. The change is made

as part of Customs continuing efforts to

obtain more efficient use of its

personnel, facilities, and resources and

to provide better service to carriers,

importers, and the general public.

EFFECTIVE DATE: January 29, 1996.

FOR FURTHER INFORMATION CONTACT: Bob

Jones, Office of Field Operations (202–

927–0456).

SUPPLEMENTARY INFORMATION:

Background

As part of its continuing efforts to

obtain more efficient use of its

personnel, facilities, and resources and

to provide better service to carriers,

importers, and the general public,

Customs published a document in the

Federal Register (60 FR 52347) on

October 6, 1995, proposing to amend

§ 101.3 of the Customs Regulations (19

CFR 101.3) by establishing a port of

entry at Sioux Falls, South Dakota

encompassing the counties of

Minnehaha and Lincoln in the State of

South Dakota.

As the proposal stated, South Dakota

presently does not have a port of entry

and the Governor of the State of South

Dakota requested the establishment of

the port of entry in the state. In support

of the establishment of the port at Sioux

Falls, it was stated to Customs that the

port would yield significant immediate

and future economic benefits for the

State of South Dakota, including the

retention and expansion of jobs, the

more efficient transportation of

imported and exported merchandise,

the opportunity for the establishment of

a foreign trade zone, the expanded

development of infrastructure within

the proposed port area, an enhanced

business competitiveness for existing

enterprises and the opportunity to

encourage new businesses to locate

within South Dakota.

As further stated in the proposal, the

Customs office within the port of entry

would be located at the Joe Foss Field

airport in Sioux Falls, which is the

largest urban area within the State of

South Dakota. It has been represented to

Customs that the cost to the Federal

Government would only involve the

services of one full-time Customs

official and therefore would be minimal

compared to the significant benefits that

port of entry status would impart to the

South Dakota business community.

Sioux Falls is located at the junction

of two major state interstate highways

(Interstate 90 and Interstate 29), is

serviced by a major national freight

railway company, and is serviced at the

Joe Foss Field airport by national

passenger and cargo airlines, express air

freight services and commuter airlines.
Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Rules and Regulations 67057

The proposal set forth representations

to Customs that the greater metropolitan

areas of Sioux Falls has a population of

139,236 based on 1990 census figures

and that a population of well over

300,000 exists within a 70-mile radius

of Sioux Falls. It was projected that

existing businesses would file between

2,709 and 3,253 import entries within

the proposed port of entry in the years

1996 through 1998, with no single

company accounting for more than half

of the projected entries. It was further

stated in the request for a port of entry

that the Sioux Falls Regional Airport

Authority is committed to making

optimal use of electronic date transfer

capability to permit integration with the

Customs Automated Commercial

System for processing entries. Regarding

the Joe Foss Field airport, it was stated

the airport has exceptional cargo and

passenger facilities, that passenger areas

can be secured to accommodate

international arrival passenger

clearance, and that there are several

warehouse facilities in close proximity

to the airport that are suitable for the

secure storage of cargo pending

inspection and release by Customs.

Further, the Sioux Falls Regional

Airport Authority committed to

providing certain space and equipment

to Customs.

Based on the information provided to

Customs, the proposal set forth Customs

belief that Sioux Falls meets the current

minimum criteria for port of entry

designation set forth in T.D. 82–37 (47

FR 10137), as revised by T.D. 86–14 (51

FR 4559) and by T.D. 87–65 (52 FR

16328).

Determination

No comments were received in

response to the proposal. After further

review and consideration by Customs, it

has been determined to establish Sioux

Falls as a port of entry with port limits

as described below. Section 101.3 is

amended accordingly. It is noted,

however, that because the

representations set forth in the proposal

rely on potential, rather than actual,

workload figures, Customs will in 3

years review the actual workload

generated within the port of Sioux Falls

to evaluate whether Sioux Falls may

retain port of entry status. If that review

indicates that the actual workload is

below the standard set forth in T.D. 82–

37, as revised, procedures will be

instituted to revoke port of entry status.

Of course, if port of entry status is

revoked, the City of Sioux Falls will

have the opportunity to apply for user

fee airport status under 19 U.S.C. 58b.

Limits of Port of Entry

The geographical limits of the port of

entry of Sioux Falls are as follows:

All of Minnehaha and Lincoln

Counties in the State of South Dakota.

Regulatory Flexibility Act and

Executive Order 12866

Customs routinely establishes,

expands, and consolidates Customs

ports of entry throughout the United

States to accommodate the volume of

Customs-related activity in various parts

of the country. Although this document

was issued for public comment, it is not

subject to the notice and public

procedure requirements of 5 U.S.C. 553

because it relates to agency management

and organization. Accordingly, this

document is not subject to the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Agency

organization matters such as this are

exempt from consideration under

Executive Order 12866.

List of Subjects in 19 CFR Part 101

Customs duties and inspection,

Harbors, Organization and functions

(Government agencies), Seals and

insignia, Vessels.

Amendments to the Regulations

For the reason set forth in the

preamble, part 101 of the Customs

Regulations is amended as set forth

below:

PART 101—GENERAL PROVISIONS

1. The general authority citation for

part 101 and specific authority citation

for § 101.3 continue to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,

1202 (General Note 20, Harmonized Tariff

Schedule of the United States), 1623, 1624.

Sections 101.3 and 101.4 also issued under

19 U.S.C. 1 and 58b;

* * * * *

2. Section 101.3(b)(1) is amended by

adding the following entry in

appropriate alphabetical order:

§ 101.3 Customs service ports and ports

of entry.

* * * * *

(b) * * *

(1) * * *

Ports of entry Limits of

port

* * * * *

South Dakota

Sioux Falls .................................. T. D. 96–3

* * * * *

Approved: December 1, 1995.

George J. Weise,

Commissioner of Customs.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 95–31324 Filed 12–27–95; 8:45 am]

BILLING CODE 4820–02–P

19 CFR Part 162

[T.D. 96–2]

RIN 1515–AB62

Seizure of Merchandise

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

SUMMARY: In this document, Customs is

amending its regulations in response to

enactment of the Customs

Modernization Act (‘‘The Mod Act’’).

Among its other provisions, the Mod

Act amended Section 596(c) of the Tariff

Act of 1930 (19 U.S.C. 1595a(c)) to

clarify and codify Customs authority to

seize and forfeit merchandise

introduced or attempted to be

introduced into the United States

contrary to law. The Mod Act

distinguishes between circumstances

under which seizure of such

merchandise is mandatory and those in

which it is permissive. The amendment

follows the legislation and specifies the

circumstances under which the

mandatory and permissive seizures may

take place. The amendment also

contains provisions for the detention of

merchandise and the remission of

articles subject to seizure and forfeiture.

EFFECTIVE DATE: January 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Todd Schneider, Penalties Branch (202)

482–6950.

SUPPLEMENTARY INFORMATION:

Background

On December 8, 1993, the President

signed the North American Free Trade

Agreement Implementation Act (Pub. L.

103–182). The Customs Modernization

portion of this Act (Title VI), popularly

known as the Customs Modernization

Act, or ‘‘the Mod Act’’ became effective

when it was signed. Section 624 of Title

VI amended section 596(c) of the Tariff

Act of 1930 (19 U.S.C. 1595a(c)) to

codify and clarify the circumstances

under which merchandise may be

seized and forfeited by Customs.

On May 3, 1995, Customs published

a Notice of Proposed Rulemaking in the

Federal Register (60 FR 21788), which

proposed amending the Customs

Regulations to reflect these statutory