Customs Service Field OrganizationSioux Falls, SD

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) * * *

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Ports of entry Limits of port

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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]

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