Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 28601 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

19 CFR Parts 101 and 122 

[USCBP–2005–0091; CBP Dec. 09–19] 

Extension of Port Limits of Dayton, 

OH, and Termination of the User-Fee 

Status of Airborne Airpark in 

Wilmington, OH 

AGENCY: Customs and Border Protection, 

DHS. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Homeland Security 

(DHS) regulations pertaining to Customs 

and Border Protection’s field 

organization by extending the 

geographic limits of the port of Dayton, 

Ohio, to include the Airborne Airpark in 

Wilmington, Ohio. The extension of the 

port limits of Dayton, Ohio, is due to the 

closing of express consignment 

operations at Dayton International 

Airport, and the expansion of express 

consignment operations at Airborne 

Airpark located in Wilmington, Ohio. 

The user-fee status of Airborne Airpark 

is terminated. This change is part of a 

continuing program to more efficiently 

utilize Customs and Border Protection’s 

personnel, facilities, and resources, and 

to provide better service to carriers, 

importers, and the general public. 

DATES: Effective Date: July 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Wendy M. Cooper, Office of Field 

Operations, 202–344–2057. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a Notice of Proposed Rulemaking 

(NPRM) published in the Federal 

Register (71 FR 67313) on November 21, 

2006, the Department of Homeland 

Security (DHS), Customs and Border 

Protection (CBP), proposed to amend 

the list of CBP ports of entry at 19 CFR 

101.3(b)(1) to extend the limits of the 

port of Dayton, Ohio, to include the 

Airborne Airpark in Wilmington, Ohio. 

CBP also proposed to delete 

‘‘Wilmington, Airport’’ from the list of 

user-fee airports at 19 CFR 122.15(b). 

(As explained in the NPRM, Airborne 

Park is currently listed, incorrectly, as 

‘‘Wilmington Airport’’ in the list of userfee airports). 

The current port limits of the Dayton, 

Ohio, port of entry are described in 

Treasury Decision (T.D.) 76–77, 

effective March 3, 1976. In the proposed 

rule of November 21, 2006, CBP 

explained that these limits include the 

territory within the city limits of 

Dayton, Ohio, as well as the territory 

within the township limits of the 

adjacent townships of Butler, Harrison, 

Wayne, and Mad River, Ohio. CBP 

further explained that there had been 

two express consignment operations in 

the Dayton area: Menlo Worldwide 

Forwarding/Emery at Dayton 

International Airport and Airborne 

Express at Airborne Airpark in 

Wilmington, Ohio. The Menlo 

Worldwide Forwarding/Emery 

operation was within the Port of Dayton 

at the north edge of the current port 

boundaries, and Airborne Airpark was 

southeast of the current boundaries in 

Wilmington, Ohio. UPS purchased 

Menlo Worldwide Forwarding, shut 

down the Emery operation at Dayton 

International Airport, and has moved 

the work to their hub located in 

Louisville, Kentucky. DHL Express 

(USA) has purchased Airborne Express 

and has shut down the DHL operations 

in Cincinnati-Northern Kentucky 

Airport (CVG) in Covington, Kentucky. 

DHL Express (USA) opened a new, 

much larger combined operation at 

Airborne Airpark in June 2006. In the 

NPRM, CBP explained that these 

changes in operations would result in 

an increase in the demand for CBP 

services at the Airborne Airpark. 

The NPRM proposed to relocate the 

CBP Dayton port office from its current 

location at the Dayton International 

Airport to a new location near the new 

DHL operation at Airborne Airpark. In 

the NPRM, CBP stated that it would 

establish an adequately sized secure 

storage facility in efficient proximity to 

Airborne Airpark. CBP explained that 

these changes would allow for 

continued efficient operation and 

supervision of CBP services at the DHL 

facility. 

II. Analysis of Comments 

Four comments were received in 

response to the Notice of Proposed 

Rulemaking. All four of the commenters 

expressed either agreement or no 

objection concerning the proposed 

extension of the Port of Dayton 

boundaries and the termination of the 

user fee airport status of Airborne 

Airpark in Wilmington, Ohio. 

Three of the four commenters, 

however, raised objections to CBP plans 

to relocate the Dayton port office. The 

reasons for these objections included 

that they believed the Dayton port office 

should be in Dayton proper and that 

shifting the office would have a negative 

impact on brokers using the services of 

the port office at the current location. 

Although the NPRM stated that if the 

proposed port limits were adopted as a 

final rule, the location of the port office 

in Dayton would be moved, the location 

of a port office within a port is a 

management decision by an agency that 

does not require public notice and 

comment. The current port office for 

Dayton is located in Vandalia, Ohio 

where Dayton International Airport is 

located—not Dayton. CBP routinely 

relocates port offices to more efficiently 

utilize CBP’s available personnel, 

facilities, and resources, and CBP 

believes that the movement of the office 

to the new proposed location will 

maximize efficiency. Also, even though 

the port office will be moved from its 

current location, CBP plans to maintain 

staff at the current location at Dayton 

International Airport so that brokers 

may continue to transact business there 

if they so choose. 

III. Conclusion 

After consideration of the comments 

received, CBP is extending the 

geographical limits of the port of 

Dayton, Ohio, and terminating the userfee status of Airborne Airpark in 

Wilmington, Ohio as proposed in the 

notice. With the closing of express 

consignment operations at Dayton 

International Airport and the expansion 

of such operations at Airborne Park, 

CBP believes that extending the 

geographic limits of the port of Dayton, 

Ohio to include Airborne Park will 

enable CBP to more efficiently utilize its 

personnel, facilities, and resources, and 

to provide better service to carriers, 

importers, and the general public. The 

port of entry description of Dayton, 

Ohio, and the list of user-fee airports 

will be revised as proposed in the 

notice. 

IV. Port Description of Dayton, Ohio 

The port limits of Dayton, Ohio, 

expanded to include the Airborne Park, 

are as follows: Beginning at the point 

where Federal Interstate Highway 75 

crosses the Montgomery County— 

Miami County line; then west along the 

Montgomery County line to the point 

where Frederick Pike intersects the 

Montgomery County line; then south 

and east on Frederick Pike to the 

intersection with Dixie Drive; then 

south to Keowee Street, then south to 

Federal Interstate Highway 75 to the 

point where I–75 intersects the 

Montgomery County—Warren County 

line; then east along the county line 

(which becomes the Greene County— 

Warren County line) to the Clinton 

County line; then south along the 

Clinton County line to the intersection 

with Ohio State Route 350; then east on 


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28602 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations 

Route 350 to the intersection with Ohio 

State Route 73; then north and west on 

Route 73 to the intersection with U.S. 

Route 22; then west along Route 22 to 

U.S. Highway 68; then north and west 

on U.S. 68 to the intersection with U.S. 

Highway 35; then west and north on 

U.S. 35 to Interstate Highway 675; then 

north and east on I–675 to the 

intersection with Federal Interstate 

Highway 70; then west on I–70 to the 

intersection with the Montgomery 

County line; and then north and west 

along the Montgomery County line to 

the point of beginning. 

V. Authority 

This change is made under the 

authority of 5 U.S.C. 301; 19 U.S.C. 2, 

66, and 1624; and 6 U.S.C. 203. 

VI. Statutory and Regulatory Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This rule is not considered to be an 

economically significant regulatory 

action under Executive Order 12866 

because it will not result in the 

expenditure of over $100 million in any 

one year. The change is intended to 

expand the geographical boundaries of 

the Port of Dayton, Ohio, and make it 

more easily identifiable to the public 

and to terminate the user fee airport 

status of Airborne Airpark in 

Wilmington, Ohio. There are no new 

costs to the public associated with this 

rule. Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB) under Executive 

Order 12866. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires federal 

agencies to examine the impact a rule 

would have on small entities. A small 

entity may be a small business (defined 

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). 

This rule does not directly regulate 

small entities. The change is part of 

CBP’s continuing program to more 

efficiently utilize its personnel, 

facilities, and resources, and to provide 

better service to carriers, importers, and 

the general public. To the extent that all 

entities are able to more efficiently or 

conveniently access the facilities and 

resources within the expanded 

geographical area of the new port limits, 

this rule should confer benefits to CBP, 

carriers, importers, and the general 

public. 

Because this rule does not directly 

regulate small entities, CBP certifies that 

this rule does not have a significant 

economic impact on a substantial 

number of small entities. 

VII. Signing Authority 

The signing authority for this 

document falls under 19 CFR 0.2(a) 

because the port extension is 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 

19 CFR Part 101 

Customs duties and inspection, 

Customs ports of entry, Exports, 

Imports, Organization and functions 

(Government agencies). 

19 CFR Part 122 

Customs duties and inspection, 

Airports, Imports, Organization and 

functions (Government agencies). 

Amendments to CBP Regulations 

■ For the reasons set forth above, part 

101, CBP Regulations (19 CFR part 101) 

and part 122, CBP Regulations (19 CFR 

part 122), are 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; 

* * * * * 

§ 101.3 [Amended] 

■ 2. The list of ports in § 101.3(b)(1) is 

amended by removing from the ‘‘Limits 

of Port’’ column for Dayton, Ohio, the 

present limits description ‘‘Including 

territory described in T.D. 76–77’’ and 

adding ‘‘CBP Dec. 09–19’’ in its place. 

PART 122—AIR COMMERCE 

REGULATIONS 

■ 3. The general authority for part 122 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 

1431, 1433, 1436, 1448, 1459, 1590, 1594, 

1623, 1624, 1644, 1644a, 2071 note. 

* * * * * 

§ 122.15 [Amended] 

■ 4. The list of user fee airports at 19 

CFR 122.15(b) is amended by removing 

‘‘Wilmington, Ohio’’ from the 

‘‘Location’’ column and, on the same 

line, ‘‘Wilmington Airport’’ from the 

‘‘Name’’ column. 

Dated: June 10, 2009. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–14229 Filed 6–16–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

28 CFR Part 2 

Paroling, Recommitting, and 

Supervising Federal Prisoners: 

Prisoners Serving Sentences Under 

the United States and District of 

Columbia Codes 

AGENCY: United States Parole 

Commission, Justice. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The U.S. Parole Commission 

is promulgating interim rules to 

implement the District of Columbia 

Equitable Street Time Credit 

Amendment Act of 2008. This Act 

modifies parole laws for District of 

Columbia offenders by allowing the 

Parole Commission to terminate the 

supervision and legal custody of a 

parolee before the expiration of the 

parolee’s sentence. The Act also 

modifies the requirement that the 

parolee lose credit for all time spent on 

parole when the Commission revokes a 

parolee’s release for violating parole 

conditions. With these modifications, 

parole laws for DC offenders are more 

consistent with similar parole laws 

governing U.S. Code parole eligible 

offenders. The Commission is also 

making a number of conforming 

amendments to regulations that refer to 

the functions that are the subject of the 

new DC law, and editing regulations on 

the same subjects for U.S. Code parolees 

to make the regulations simpler and 

more understandable. 

DATES: Comments must be received by 

August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification 

number USPC–2009–01 by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 


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