Federal Register, Volume 76 Issue 193 (Wednesday, October 5, 2011)

[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61622-61625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25748]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 /
Proposed Rules

[[Page 61622]]

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Part 100

[Docket No. USCBP-2011-0016]
RIN 1651-AA88

Potential Closing of Morses Line Border Crossing

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: U.S. Customs and Border Protection (CBP) currently operates a
border crossing known as Morses Line, Vermont, located within the port
limits of the port of entry of Highgate Springs/Alburg, Vermont. CBP
officers are stationed at the Morses Line border crossing to accept
entries of merchandise, collect duties, and enforce various provisions
of the customs and immigration laws. The Morses Line border crossing is
an aging facility that requires extensive upgrades and significant
financial resources to update the facility to today's modern standards
of border crossings. Based on internal analyses, feedback from many
individuals in the local community, and consultation with members of
Congress, CBP is evaluating the potential closure of the Morses Line
border crossing. CBP is seeking public comment on this potential
closure.

DATES: Comments must be received on or before December 5, 2011.

ADDRESSES: You may submit comments identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2011-0016.
Mail: Border Security Regulations Branch, Office of
International Trade, Customs and Border Protection, Regulations and
Rulings, Attention: Border Security Regulations Branch, 799 9th Street,
NW., 5th Floor, Washington, DC 20229-1179.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected on regular business days between the hours of 9
a.m. and 4:30 p.m. at the Office of International Trade, Customs and
Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Mr. Joseph Clark at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: Roger Kaplan, CBP Office of Field
Operations, telephone (202) 325-4543. You may also visit CBP's Morses
Line Web site at http://www.cbp.gov/MorsesLineInfo.

SUPPLEMENTARY INFORMATION:

Public Participation

Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
advance notice of proposed rulemaking. CBP also invites comments that
relate to the economic, environmental, or federalism effects that might
result from this proposal.

Background

CBP ports of entry are locations where CBP officers and employees
are assigned to accept entries of merchandise, clear passengers,
collect duties, and enforce the various provisions of customs,
immigration, agriculture, and related U.S. laws at the border. The term
``port of entry'' is used in the Code of Federal Regulations (CFR) in
title 8 for immigration purposes and in title 19 for customs purposes.
Concerning customs purposes, the list of designated CBP ports of entry
is set forth in paragraph (b)(1) of section 101.3 of the CBP
regulations (19 CFR 101.3(b)(1)). Paragraph (b)(1) also provides the
corresponding limits of those ports, generally by reference to a
Treasury Decision (T.D.). The port of entry of Highgate Springs/Alburg,
Vermont is described in T.D. 77-165 and includes the Morses Line border
crossing.
For immigration purposes, 8 CFR 100.4(a) lists ports of entry for
aliens arriving by vessel and land transportation. These ports are
listed according to location by districts and are designated as Class
A, B, or C. Morses Line is included in this list, in District No. 22,
as a Class A port of entry, meaning a port that is designated as a port
of entry for all aliens arriving by any means of travel other than
aircraft.
Built in 1934, the Morses Line facility is CBP's oldest land border
crossing facility, and its capabilities reflect the design requirements
of that time. Although the crossing has undergone some limited
renovation since it was built, a new facility would be needed to meet
modern operational, safety, and technological demands. For an analysis
of both the costs of updating the crossing and the costs of closing the
crossing, see the section of this document entitled: Executive Order
12866: Regulatory Planning and Review. As indicated in that section,
CBP has determined that the net benefit of closing rather than updating
the crossing would be about $5.5 million the first year and $640,000
each year after that. Among other things, the analysis takes into
account that the Morses Line crossing is one of CBP's lesser trafficked
crossings, processing about 40 vehicles a day, as well as the close
proximity of other border crossings.

Potential Closure of the Border Crossing

After hearing initial concerns expressed by members of Congress and
some of their constituents regarding expansion and modernization of the
Morses Line border crossing and considering the net benefits regarding
closure of the crossing, CBP decided to investigate whether closing the
crossing would be preferable to undertaking a modernization project.
The low volume of traffic utilizing the Morses Line crossing as well as
the proximity of alternate crossings, suggest that the cost

[[Page 61623]]

and expansion needed to modernize the crossing may not be justified.
Therefore, CBP is conducting an evaluation to determine whether to
close the Morses Line border crossing.
The closure of the Morses Line border crossing would mean that CBP
officers would not be stationed there and that the road at the border
would be secured. Persons wishing to cross the border would need to
travel to the closest manned U.S. border crossing, which would most
likely be Highgate Springs, which is about 17 miles west, in the port
of entry of Highgate Springs/Alburg, Vermont or the West Berkshire
crossing, which is about 10 miles east, in the port of entry of
Richford, Vermont.

Obstacles To Modernizing the Border Crossing

The American Recovery and Reinvestment Act of 2009 (ARRA), Public
Law 111-5 (Feb. 17, 2009), included funding for CBP to renovate various
ports and crossings along the U.S.-Canadian border. CBP intended to use
funds from ARRA to modernize the Morses Line border crossing. However,
this funding has expired. Congress would now have to specifically
appropriate funding and provide authorization for CBP to modernize the
border crossing.
Also, for the Morses Line border crossing to remain open, CBP must
build a new facility, which would require a larger land footprint.
Thus, CBP will need to acquire private land adjacent to the existing
facility. The current property owner remains strongly opposed to
selling his land to CBP to expand the border crossing.

Public Consultations

On May 22, 2010, representatives from CBP held a town hall meeting
in Morses Line, Vermont. The members of the public in attendance at
this meeting conveyed their sentiment that the border crossing should
be closed rather than expanded. Shortly after this meeting, CBP began
the review process for closing the crossing. Since that time, members
of the public have spoken out both in favor and opposition of the
contemplated closure. The communities on both sides of the border have
held several public meetings, including one on September 25, 2010, to
protest the possible closure of the crossing.

Public Comments

In view of the community interest in this matter, CBP encourages
the public to submit comments regarding the potential closure of the
Morses Line border crossing.

Next Steps

If, after a full review and consideration of the public comments
and other assessments, CBP determines that the Morses Line border
crossing should be closed, CBP would publish a Notice of Proposed
Rulemaking (NPRM) in the Federal Register, which would propose the
closure. The NPRM would provide an additional opportunity for public
comment. After the NPRM comment period closes, CBP would consider the
public comments and determine whether to implement the NPRM as proposed
by issuing a final rule. If CBP determines that the Morses Line
crossing should remain open, CBP will publish a notice in the Federal
Register withdrawing this ANPRM.

Congressional Notification

On July 9, 2010, the Commissioner of CBP notified Congress of the
potential closure of the Morses Line border crossing, fulfilling the
congressional notification requirements of 19 U.S.C. 2075(g)(2) and
section 417 of the Homeland Security Act (6 U.S.C. 217).

Executive Order 12866: Regulatory Planning and Review

This Advance Notice of Proposed Rulemaking (ANPRM) is not a
significant regulatory action under Executive Order 12866 and has not
been reviewed by the Office of Management and Budget (OMB) under that
order. Below is CBP's preliminary assessment of the benefits and costs
of this potential regulatory action. While an assessment of benefits
and costs is not generally included in an ANPRM, we include one here to
provide the public with as much information as possible. We welcome
comments on the analytical approach and the data used.

Baseline Conditions

Morses Line is one of CBP's lesser trafficked crossings, processing
about 40 vehicles a day between 8 a.m. and midnight. The port of
Highgate Springs assigns 6 full time staff to the crossing, costing
about $668,000 per year, including benefits. In addition, CBP spends
about $24,000 a year on operating expenses such as utilities and
maintenance. The total annual cost of operating the crossing is about
$692,000. CBP has determined that the Morses Line crossing requires
significant renovation and expansion. We estimate that it would cost
approximately $5 million to acquire the needed land and build
facilities that meet all current safety and operational standards, so
CBP would spend about $5.7 million the first year (construction plus
operating costs) and $0.7 million each subsequent year if the crossing
were to remain open.

Costs of Closing the Crossing

The costs of this potential closure fall into three categories--the
cost to CBP to physically close the port, the cost to U.S. travelers to
drive to the next nearest port, and the cost to the economy of lost
tourism revenue resulting from potential decreased Canadian travel. We
estimate that it would cost approximately $158,000 to physically close
the port, which involves building road barricades, boarding up the
building, and managing asbestos.
In addition to the cost to the government of closing the port, we
must examine the impact of this regulation on U.S. travelers (per
guidance provided in OMB Circular A-4, this analysis is focused on
costs and benefits to U.S. entities). Approximately 14,600 vehicles
cross from Canada into the United States each year at Morses Line.
According to CBP's Boston Field Office, vehicles crossing into the
United States in Vermont, New Hampshire, and Maine carry an average of
1.8 passengers, 31 percent of whom are U.S. citizens. Using these
figures, we estimate that 26,280 passengers cross into the United
States through Morses Line each year and 8,147 are U.S. citizens. If
the crossing is closed, these travelers would need to travel to an
alternate crossing which could cost them both time and money. CBP does
not collect data on outbound travelers, but since Morses Line is used
primarily for local travel, we assume that outbound traffic closely
resembles inbound traffic.
There are two alternate crossings near Morses Line--Highgate
Springs, which is about 17 miles west, and West Berkshire, which is
about 10 miles east. The alternate crossing travelers may choose would
depend on their point of origin and their destination. In general, the
closer the point of origin or destination to Morses Line, the more the
traveler would be affected by the closure.
Because CBP does not collect data on either a traveler's point of
origin or destination, we used Google Maps' ``Get Directions'' feature
to estimate the effect of the closure on travelers. Using this tool, we
measured the distance and estimated time between each probable cross-
border combination (Abbot's Corner to Morses Line, Moore's Crossing to
Franklin, etc.). We assume that travelers will always take the fastest
route. Because Morses Line is not on major routes, it would not be the
fastest route for the vast majority of travelers originating in or
traveling outside this

[[Page 61624]]

area, so we only consider the immediate surrounding area in our
analysis (current traffic volumes through Morses Line also support the
assumption that travel is overwhelmingly local). We next measured the
distance and estimated time for each combination assuming they could
not travel through Morses Line.
By comparing the distance and travel time for the fastest route to
those for the fastest route that does not use Morses Line, we calculate
the effect of the crossing closure on both travel time and miles
traveled. For example, traveling from Morgan's Corner to Morses Line
currently takes 18 minutes. If the Morses Line crossing is closed, it
would take an estimated 36 minutes, 18 minutes longer. Table 1 shows
the effects of the closure on time traveled for the points considered.
Table 2 shows the effect on miles traveled.

Table 1--Difference in Time Traveled
[Minutes]
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Franklin
Morses County Sheldon Enosburg Highgate
Line Franklin State Springs Sheldon Falls Springs Swanton
Airport
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Phillipsburg Bird Sanctuary............................. 12 9 0 0 0 0 0 0
Morgan's Corner......................................... 18 16 0 0 0 2 0 0
Moore's Crossing........................................ 31 22 2 10 10 7 0 0
Le Coin-chez Desranleau................................. 31 23 0 10 12 7 0 0
Campbell Corners........................................ 29 15 5 10 9 0 0 0
Pigeon Hill............................................. 24 10 5 4 5 0 0 0
Eccles Hill............................................. 20 6 8 1 1 0 0 4
Saint Armand Centre..................................... 18 4 5 0 0 0 0 0
Krans Corners........................................... 21 6 5 2 1 0 0 0
Hunter Mills............................................ 6 0 5 0 0 0 0 0
Frelighsburg............................................ 6 0 5 0 0 0 0 0
Joy Hill................................................ 2 0 1 0 0 0 0 0
Abbott's Corner......................................... 1 0 1 0 0 0 0 0
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Table 2--Difference in Distance Traveled
[Miles]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Franklin
Morses County Sheldon Enosburg Highgate
Line Franklin State Springs Sheldon Falls Springs Swanton
Airport
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phillipsburg Bird Sanctuary............................. 10 11 0 0 0 0 0 0
Morgan's Corner......................................... 13 9 0 0 0 6 0 0
Moore's Crossing........................................ 20 12 1 5 8 3 0 0
Le Coin-chez Desranleau................................. 20 12 0 5 8 2 0 0
Campbell Corners........................................ 17 9 4 7 6 0 0 2
Pigeon Hill............................................. 13 5 3 4 4 0 0 1
Eccles Hill............................................. 12 4 5 3 3 0 0 3
Saint Armand Centre..................................... 11 2 3 0 0 0 0 2
Krans Corners........................................... 12 3 3 1 1 0 0 1
Hunter Mills............................................ 5 0 3 0 0 0 0 2
Frelighsburg............................................ 3 0 6 0 0 0 0 1
Joy Hill................................................ 3 0 5 0 0 0 0 1
Abbott's Corner......................................... 2 0 4 0 0 0 0 1
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Because CBP does not collect data on the points of origin or
destinations of travelers using Morses Line and because quality
population data for these locations is not available, we assume that
each route is used equally. Using this assumption probably overstates
the costs of the closure because the area immediately surrounding
Morses Line \1\ (which would be impacted most by the closure) is
sparsely populated when compared to areas farther from the crossing,
such as Franklin or Highgate Springs. Using this assumption we estimate
that those whose trip is affected by the closure of Morses Line would
be delayed by an average of 8.19 minutes (0.137 hours) and 5.7 miles
for a one-way trip.
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\1\ The population of the zip code containing Morses Line and
Franklin is approximately 1,500 people. http://vermont.hometownlocator.com/zip-codes/data,zipcode,05457.cfm.
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In 2007, Industrial Economics, Inc. (IEc) conducted a study for CBP
to develop ``an approach for estimating the monetary value of changes
in time use for application in [CBP's] analyses of the benefits and
costs of major regulations.'' \2\ We follow the three-step approach
detailed in IEc's 2007 analysis here to monetize the increase in travel
time resulting from the closure of Morses Line: (1) Determine the local
wage rate, (2) determine the purpose of the trip, and (3) determine the
value of the travel delay as a result of this rule. We start by using
the median hourly rate of $15.73 for Vermont, as the effects of the
rule are local.\3\ We next determine

[[Page 61625]]

the purpose of the trip. For the purposes of this analysis, we assume
this travel will be personal travel and will be local travel. We
identify the value of time multiplier recommended by the U.S.
Department of Transportation (DOT) for personal, local travel, as
0.5.\4\ Finally, we account for the value of the travel delay. Since
the added time spent traveling is considered more inconvenient than the
baseline travel, we account for this by using a factor that weighs time
inconvenienced more heavily than baseline travel time. This factor,
1.47, is multiplied by the average wage rate and the DOT value of time
multiplier for personal, local travel for a travel time value of $11.56
per traveler ($15.73 x 0.5 x 1.47).\5\
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\2\ Robinson, Lisa A. 2007. ``Value of Time.'' Submitted to U.S.
Customs and Border Protection on February 15, 2007. The paper is
contained in its entirely as Appendix D in the Regulatory Assessment
for the April 2008 final rule for the Western Hemisphere Travel
Initiative requirements in the land environment (73 FR 18384; April
3, 2008). See http://www.regulations.gov document numbers USCBP-
2007-0061-0615 and USCBP-2007-0061-0616.
\3\ Bureau of Labor Statistics, May 2010. http://www.bls.gov/oes/current/oes_vt.htm#00-0000.
\4\ U.S. Department of Transportation (DOT), Revised
Departmental Guidance, Valuation of Travel Time in Economic
Analysis, (Memorandum from E. H. Frankel), February 2003, Tables 1.
\5\ Wardman, M., ``A Review of British Evidence on Time and
Service Quality Valuations,'' Transportation Research Part E, Vol.
37, 2001, pp. 107-128.
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We next multiply the estimated number of U.S. citizens entering
through Morses Line in a year (8,147) by the average delay (0.137 hours
calculated above) to arrive at the number of additional hours U.S.
citizens would be delayed as a result of this rule--1,116 hours. We
multiply this by the value of travel time ($11.56) to arrive at the
value of the additional driving time for U.S. citizens arriving in the
United States once Morses Line is closed. Finally, we double this to
reach a total time cost of a round trip for U.S. citizens of $25,802.
Besides the cost of additional travel time, we must consider the
vehicular costs of a longer trip. We must first estimate the number of
miles the closure of Morses Line would add to U.S. citizens' trips. The
annual traffic arriving at Morses line is 14,600 vehicles. Since CBP
does not track the number of vehicles entering by nationality, we
estimate those owned by U.S. citizens. Since 31 percent of the
passengers entering the United States by car in the Boston Field Office
(which includes Morses Line) are U.S. citizens, we assume that 31
percent of the vehicles are owned by U.S. citizens. Therefore, we
estimate that 4,526 U.S.-owned vehicles would be affected by this rule.
We multiply this by the average increase in round trip distance of 11.4
miles for a total distance delay for U.S. owned vehicles of 51,596
miles. We next monetize the delay by applying the IRS's standard
mileage rate for business travel of $0.50 to these vehicles, which
includes fuel costs, wear-and-tear, and depreciation of the vehicle.
Because this is an estimate for business travel, it may overstate
slightly costs for leisure travelers using their vehicles on leisure
activities. We estimate that a closure of Morses line would cost U.S.
citizens $25,798 in additional vehicular costs (14,600 vehicles x 31
percent U.S. citizens x 11.4 miles x $0.50 per mile = $25,798).
The final cost we must consider is the cost to the economy of lost
tourism revenue resulting from potential decreased Canadian travel.
Because of the lack of local tourism data for this specific region, we
are unable to monetize or quantify these costs. We therefore discuss
this qualitatively.
Since both U.S. and foreign travelers would be inconvenienced by
the closure of the Morses Line crossing, it is possible that fewer
foreign travelers would choose to cross the border into the United
States. To the extent that these visitors were spending money in the
United States, local businesses would lose revenue. Since the average
trip would only be lengthened by about 8 minutes, this effect would
likely be very small. Also, it could be mitigated by U.S. citizens who
would now choose to remain in the United States. We believe that the
total impacts on the economy due to decreased travel to the United
States are negligible.
In summary, the closure of the Morses Line crossing would cost CBP
$158,000 in direct closure costs in the first year, and U.S. travelers
$25,802 in time costs and $25,798 in vehicular costs annually. Total
costs to close the port would thus be $210,000 in the first year and
$52,000 each following year.

Net Effect of Closure

The costs to CBP of leaving the Morses Line crossing open would be
$5.7 million the first year and $692,000 each following year. The costs
of closing the crossing would be $210,000 the first year and $52,000
each following year. Thus, the net benefit of the crossing closure
would be about $5.5 million the first year and $640,000 each year after
the first year.

Dated: September 29, 2011.
Janet Napolitano,
Secretary.
[FR Doc. 2011-25748 Filed 10-4-11; 8:45 am]
BILLING CODE 9111-14-P