[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28601-28602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14229]



[[Page 28601]]

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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.

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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 user-fee 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 
user-fee 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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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 
not-for-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

0
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

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;
* * * * *


Sec.  101.3  [Amended]

0
2. The list of ports in Sec.  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

0
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.
* * * * *


Sec.  122.15  [Amended]

0
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]
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