95-31324. Customs Service Field OrganizationSioux Falls, SD  

  • [Federal Register Volume 60, Number 249 (Thursday, December 28, 1995)]
    [Rules and Regulations]
    [Pages 67056-67057]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-31324]
    
    
    
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    DEPARTMENT OF THE TREASURY
    19 CFR Part 101
    
    [T.D. 96-3]
    
    
    Customs Service Field Organization--Sioux Falls, SD
    
    AGENCY: Customs Service, Treasury.
    
    ACTION: Final rule.
    
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    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 Sec. 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. 
    
    [[Page 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 Sec. 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:
    
    
    Sec. 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                 
                                                                            
                                                                            
                      *        *        *        *        *                 
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        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
    
    

Document Information

Effective Date:
1/29/1996
Published:
12/28/1995
Department:
Treasury Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-31324
Dates:
January 29, 1996.
Pages:
67056-67057 (2 pages)
Docket Numbers:
T.D. 96-3
PDF File:
95-31324.pdf
CFR: (1)
19 CFR 101.3