Federal Register, Volume 77 Issue 249 (Friday, December 28, 2012)

[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76346-76352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31328]

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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 100

U.S. Customs and Border Protection

19 CFR Part 101

[Docket No. USCBP-2011-0032; CBP Dec. No. 12-23]
RIN 1651-AA90

Opening of Boquillas Border Crossing and Update to the Class B
Port of Entry Description

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

ACTION: Final rule.

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SUMMARY: This rule establishes a border crossing in Big Bend National
Park called Boquillas and designates it as a Customs station for
customs purposes and a Class B port of entry (POE) for immigration
purposes. The Boquillas crossing will be situated between Presidio and
Del Rio, Texas. U.S. Customs and Border Protection (CBP) and the
National Park Service (NPS) are partnering on the construction of a
joint use facility in Big Bend National Park where the border crossing
will operate.
This rule also updates the description of a Class B port of entry
to reflect current border crossing documentation requirements.

DATES: Effective Date: January 28, 2013.

FOR FURTHER INFORMATION CONTACT: Colleen Manaher, Director, Land Border
Integration, CBP Office of Field Operations, telephone 202-344-3003.

SUPPLEMENTARY INFORMATION: This rule establishes a border crossing in
Big Bend National Park called Boquillas and designates it as a Customs
station for customs purposes and a Class B port of entry for
immigration purposes.

[[Page 76347]]

Executive Summary

In 2010, the Presidents of the United States and Mexico issued a
joint statement supporting the designation of a region of protected
areas on both sides of the Rio Grande, including Big Bend National
Park, as a region of binational interest. In support of this, CBP began
working with the National Park Service to establish a border crossing
to allow authorized travel between the areas in the United States and
Mexico. On October 28, 2011, CBP published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register (76 FR 66862), which
solicited public comment. The NPRM proposed to establish a Class B port
of entry/Customs station in Big Bend National Park called Boquillas.
Boquillas was proposed to be a Class B port of entry for immigration
purposes under 8 CFR 100.4 and a Customs station for customs purposes
in 19 CFR 101.4. In the NPRM and in this final rule, the Class B port
of entry/Customs station is referred to as a border crossing. The NPRM
also proposed to update the description of a Class B port of entry in 8
CFR 101.4 to reflect current border crossing document requirements. The
Boquillas border crossing will service only pedestrians visiting Big
Bend National Park and Mexican Protected Areas; CBP will not process
cargo, commercial entries, or vehicles at Boquillas.
CBP received 47 comments in response to the NPRM, 36 of which
favored the opening of the border crossing. Although some commenters
were opposed to the opening of a new crossing in this area of the
southwest border, saying that it will decrease the security of the
border, other commenters thought that the Boquillas crossing would
increase security in the region and facilitate legitimate travel. Many
commenters were of the view that the Boquillas border crossing would
benefit the region, including Big Bend National Park and its visitors,
as well as the inhabitants of the village of Boquillas. CBP did not
receive any comments regarding the proposed revised Class B port of
entry description.
After review of the comments, CBP has concluded that the
establishment of the Boquillas border crossing is consistent with the
designation of the area as a region of binational interest and that the
Boquillas border crossing is needed to fill the long stretch of border
between Presidio and Del Rio where there is currently no authorized
international border crossing. CBP has also concluded that the addition
of a legal crossing facility at the site will enhance security in the
area by providing a way for legitimate travelers to identify themselves
to CBP and comply with U.S. regulations. Therefore, this final rule
establishes the Boquillas border crossing in Big Bend National Park and
revises the description of a Class B port of entry. This final rule
addresses the relevant comments CBP received regarding the proposed
crossing.

Background

On May 19, 2010, President Obama and President Calder[oacute]n of
Mexico issued a joint statement recognizing that the Big Bend National
Park and Rio Grande Wild and Scenic River in the United States, along
with the Protected Areas of Maderas del Carmen, Ca[ntilde]on de Santa
Elena, Ocampo, and R[iacute]o Bravo del Norte in Mexico together
comprise one of the largest and most significant ecological systems in
North America. The Presidents expressed their support for the
designation of the region as a natural area of binational interest, and
encouraged an increased level of cooperation between the two countries.
Based on this joint Presidential statement, the Commissioner of CBP
announced plans to establish a border crossing in Big Bend National
Park.
NPS, within the U.S. Department of the Interior, has been working
with CBP on the border crossing. Efforts to establish this new border
crossing were set in motion by discussions between the White House, the
U.S. Department of Interior, and the U.S. Department of Homeland
Security. NPS planned to construct a facility that could be used by NPS
as a visitor center and would accommodate the infrastructure necessary
to operate a border crossing.

Notice of Proposed Rulemaking

On October 28, 2011, CBP published a notice of proposed rulemaking
(NPRM) in the Federal Register (76 FR 66862) proposing to establish a
border crossing in Big Bend National Park where U.S. citizens and
certain aliens would be able to cross into the United States. Before
2002, a border crossing, called Boquillas, was open in the national
park. The NPRM stated that the new border crossing would be located at
the site of the historic crossing and would also be called the
Boquillas border crossing. The NPRM proposed to designate the Boquillas
border crossing as a Class B port of entry and a Customs station under
the supervisory port of entry of Presidio, Texas. Presidio, Texas is a
Customs port of entry listed in section 101.3 of the CBP regulations
(19 CFR 101.3). For ease of reference, the NPRM referred to the
proposed Boquillas port of entry/Customs station in this document as a
border crossing; this final rule does likewise. For additional
background information, please see the preamble to the NPRM.

Traveler Processing at the Boquillas Border Crossing

As described in the NPRM, the Boquillas border crossing will
service only pedestrians visiting Big Bend National Park and Mexican
Protected Areas--not import business. Therefore, CBP will not process
cargo, commercial entries, or vehicles at Boquillas. Persons using the
Boquillas border crossing will only be permitted to bring limited
merchandise into the United States; CBP will only process items exempt
from duties and taxes under 19 CFR 10.151. This provision generally
covers importations that do not exceed $200 in value.\1\ All such items
must comply with all applicable regulations, including all relevant
Animal and Plant Health Inspection Service restrictions. Persons using
the Boquillas crossing must also comply with Federal wildlife
protection laws and U.S. Fish and Wildlife Service wildlife import/
export regulations.
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\1\ Under 19 CFR 10.151, importations that do not exceed $200 in
value are generally exempt from duty and taxes. Such merchandise
shall be entered under the informal entry procedures. See 19 CFR
128.24(d).
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The Public Comment Period

The NPRM provided a 60-day public comment period, which closed on
December 27, 2011. CBP received 47 comments in response to the proposed
rule. Thirty-six of these submissions were in support of the proposal,
and included submissions from many individuals who live in the vicinity
of Big Bend National Park as well as a submission from an environmental
conservation association on behalf of over 300,000 members. Eleven of
the submissions were opposed to the proposal, and also included
submissions from individuals familiar with the park, including a former
superintendent of Big Bend National Park. The following section groups
the relevant comments, along with CBP's responses, by issue.

Discussion of Comments

A. General Security

Comments
Several commenters are opposed to the opening of a new crossing in
this area of the southwest border, saying that it will decrease the
security of the border. One commenter, who was the superintendent of
Big Bend National Park from 1994 to 1999 and was familiar

[[Page 76348]]

with the crossing when it was open, said that, while the crossing
served its purpose, illegal activity also took place. The commenter is
concerned that due to the increase in illegal activity along the
southern border in recent years, drug cartels will view the crossing as
a ``back-door'' to the United States. Another commenter stated that
illegal immigration and smuggling of contraband is at an all-time high
in the Border Patrol's Big Bend Sector. Finally, one commenter stated
that the new border crossing will present a risk to park visitors and
NPS rangers.
However, many commenters who support opening the border crossing
are of the view that the border crossing will maintain the security of
the border while providing a legal access point between the United
States and Mexico. Many commenters believe that due to the remoteness
of the area, the Big Bend region does not have the same security risks
as other parts of the southern border. Several commenters believe that
the re-opening of the border crossing with new security measures is
likely to increase security in the park, as those participating in
illegal activity along the border are unlikely to attempt to enter the
United States at a monitored border crossing. These commenters believe
that those seeking to cross illegally are more likely to use any point
along the many miles of unmonitored border.
CBP Response
CBP disagrees that opening the Boquillas border crossing will
decrease security in the area. The proposal to open the Boquillas
border crossing was made after extensive CBP analysis and consultation
with our Mexican counterparts. CBP firmly believes that the addition of
a legal crossing facility at the site will enhance security in the area
by providing a way for legitimate travelers to identify themselves to
CBP and comply with U.S. regulations. CBP concurs with commenters who
believe that the border crossing will support security efforts in Big
Bend National Park in that the enhanced security focus at the border
crossing will discourage illegal activity in the vicinity of the
Boquillas border crossing.
Security concerns are of the utmost importance, and CBP will take
all appropriate security measures at the Boquillas border crossing and
surrounding areas. CBP continues to take steps to increase security in
the area, as we have done all along our borders. CBP already has a
strong security presence in place in the Border Patrol's Big Bend
Sector, and there are many layers of border security in place to secure
the Big Bend region. CBP Border Patrol agents are assigned to the park;
NPS enforcement rangers patrol the park; Border Patrol checkpoints are
staffed 24 hours per day, 7 days a week, on all public roads leading
from the park; and Border Patrol agents patrol the areas around the
checkpoints and highways leading from the area. The audio and video
surveillance at the new border crossing will further enhance security
at this locale.
Regarding the statement that illegal activity is at an all-time
high, the commenter does not reference specific data, and CBP data does
not support this statement. According to CBP data, the number of
apprehensions in the Big Bend Sector was the highest in the year 2000.
Since 2001, CBP has increased the number of Border Patrol agents in the
area, and there has been a decrease in the number of apprehensions for
illegal activity in the area every year since then.

B. Opportunity for Travel

Comments
One commenter is opposed to providing more opportunities for
travelers from Mexico to enter the United States, and for this reason,
objects to the opening of the crossing. Other commenters supporting the
opening of the Boquillas border crossing stated that the border
crossing will only benefit law-abiding nationals of Mexico and the
United States.
CBP Response
The Boquillas border crossing does not provide any greater
opportunity to enter the United States than any other current Port of
Entry. Most of the travelers who would use the Boquillas border
crossing would be U.S. tourists that visit the Park within the United
States, go over to Mexico to visit, and then return to the United
States. All Mexican nationals seeking admission to the United States at
the Boquillas border crossing will be required to meet all
admissibility and document requirements and comply with all relevant
U.S. laws and regulations.
CBP supports facilitating legitimate travel between the United
States and Mexico. CBP agrees that the border crossing will only
benefit law-abiding travelers, including nationals of Mexico, carrying
proper documentation.

C. Use of Remote Technology

Comments
Several commenters are concerned that the use of remote technology
does not provide adequate security at the border. Some of these
commenters expressed concern that opening a crossing that is not
staffed will provide free access to anyone seeking to enter the country
and will cause an increase in the number of illegal entries into the
country. One commenter stated that scanning documents is insufficient
to keep terrorists, criminals, drugs, or other contraband out of the
country.
On the other hand, a few commenters noted that CBP has used remote
technology to successfully secure portions of the U.S.-Canada border.
Some commenters noted that those using the Boquillas border crossing
will be required to present certain border crossing documents and that
state of the art technology will be used to verify the identities of
travelers.
CBP Response
CBP believes that the technology solution to be used at the
Boquillas border crossing will provide adequate security. All travelers
seeking admission at the Boquillas border crossing will be required to
be admissible to the United States and be in possession of a travel
document that complies with the Western Hemisphere Travel Initiative
(WHTI). The WHTI document requirements were implemented to enhance
security efforts at the borders and to facilitate the movement of
legitimate travel within the Western Hemisphere.\2\ Since the full
implementation of WHTI in June 2009, CBP has the ability to validate,
in real time, a traveler's documents to determine the traveler's true
identity and citizenship. The Boquillas border crossing will provide a
way for legitimate travelers to identify themselves to CBP and access
this area.
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\2\ For more information on WHTI, see the WHTI Land and Sea
Final Rule, 73 FR 18384.
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As explained in the preamble of the NPRM, CBP intends to use a
combination of staffing and technology solutions to operate the border
crossing. Remote technology will assist CBP in maintaining security and
verifying the identity of those entering the United States, while also
ensuring that they possess proper documentation to do so. Kiosks
electronically connected to the El Paso port of entry will enable CBP
officers in El Paso to remotely process travelers at the Boquillas
border crossing.\3\ CBP officers in El Paso will be in contact with
Border Patrol agents within the park, who will respond when a physical
inspection is required. CBP officers will assist onsite as operational
needs dictate. CBP will process and

[[Page 76349]]

clear all persons who use the Boquillas border crossing to enter the
United States. CBP will install a 24-hour surveillance camera at the
Boquillas crossing to monitor activity. The cameras will be monitored
24 hours a day at CBP's Combined Area Security Center and at the Alpine
Border Patrol Station. CBP Border Patrol agents or NPS enforcement
rangers stationed in the area will be available to take any necessary
law enforcement measures. The 24/7 surveillance at the Boquillas
crossing will further enhance security at this locale. Additionally,
the Boquillas POE will only be open during daylight hours. While open,
the Boquillas facility will also serve as a Park Service visitor's
center and will be staffed by the Park Service.
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\3\ Although Boquillas would be under the supervision of the
Presidio port of entry, the kiosks would be connected to the El Paso
port of entry, because El Paso has the appropriate facilities for
remote processing.
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In addition, there are already many layers of border security in
place to secure the Big Bend region: the CBP Border Patrol agents
assigned to the Big Bend National Park Substation; the NPS Enforcement
Rangers who patrol the park; Border Patrol checkpoints staffed 24/7 on
all public roads leading from Big Bend National Park; and Border Patrol
agents from the Alpine station who patrol the areas around the
checkpoints and highways leading away from the area. The 24/7
surveillance at the Boquillas border crossing will further enhance
security in this locale. Also, it is important to emphasize that the
Boquillas border crossing is intended for pedestrian use only, as there
are no roads or bridges that cross the international line at this
location. Security concerns related to vehicles entering the United
States will not apply at the Boquillas border crossing.
CBP agrees fully with those commenters who noted the successful use
of remote technology along the U.S.-Canada border. CBP uses remote
technology at several northern border crossings. This technology has
been very effective in verifying the identity and citizenship of
travelers and securing the border.

D. Border Patrol and NPS Rangers

Comments
Several commenters believe that NPS rangers are not equipped to
pursue those who might use an unmanned border crossing to enter the
United States illegally once they are in the country. These commenters
noted that the terrain in the area is rugged, provides cover, and is
difficult to patrol. Other commenters are concerned that Border Patrol
agents will not be able to apprehend those who might use the border
crossing to enter the United States illegally. Finally, one commenter
suggested that it is inappropriate to open a border crossing utilizing
remote technology in an area that has seen increased Border Patrol
presence over the past five years.
A few commenters writing in support of the new border crossing
noted that there is a good working relationship between CBP and NPS,
and that Border Patrol agents stationed in the park work together with
the NPS Enforcement Rangers for the security of the park. These
commenters are of the view that re-opening the border crossing would
facilitate communication between Mexican residents and law enforcement
and U.S. law enforcement, which will increase security in the region.
CBP Response
As mentioned above, CBP does not believe the Boquillas border
crossing will cause an increase in the number of illegal entries into
the United States. The security in place in Big Bend National Park is
already strong, and includes CBP Border Patrol agents and NPS
enforcement rangers who patrol the park and are familiar with the
terrain. To further combat the threat of illegal immigration and
smuggling of contraband, CBP, in collaboration with NPS, is in the
process of constructing new residences in Big Bend National Park so
that CBP may assign Border Patrol agents to permanently work and live
in the park. Upon completion and staffing of these homes, Border Patrol
will have the largest contingent of agents ever assigned to Big Bend
National Park.
CBP does not agree with the comment that the opening of a border
crossing in an area where there has been an increased CBP presence is
inappropriate. To the contrary, CBP is of the view that the increased
CBP Border Patrol presence has enhanced the security of the area.
CBP agrees that there is a good working relationship between Border
Patrol agents and NPS enforcement rangers in the park. CBP also agrees
that facilitating communication between and with law enforcement
personnel enhances security in the area.

E. Proximity to Other Border Crossings

Comments
One commenter objects to the opening of an unstaffed crossing,
because there is a staffed crossing in Presidio, Texas, which the
commenter stated is not far away.
Conversely, comments submitted in support of the border crossing
noted that after the crossing was closed, the closest legal border
crossing was more than 100 miles from the village of Boquillas, Mexico.
One commenter stated that travel to the closest border crossing from
the Mexican side required hours of travel on substandard roads, and, as
a result, families have become disconnected and the local Texas economy
has been negatively affected. Another commenter stated that someone
making a living selling inexpensive crafts, as many of the residents of
the village of Boquillas do, cannot afford to make a nearly 300 mile
roundtrip journey to the nearest legal border crossing.
CBP Response
The closest legal border crossing west of the site of the Boquillas
border crossing is Presidio, Texas. Presidio is more than 150 miles
from the Boquillas site by river and more than 120 miles by road on the
U.S. side. On the Mexican side, the town of Boquillas is very isolated.
By road, a traveler would have to travel hundreds of miles south to the
interior of Mexico to connect to a highway that would bring the
traveler back northwest to Presidio, Texas. To the east of the
Boquillas border crossing site, the closest legal border crossing is
Del Rio, Texas. Del Rio is more than 250 miles from the Boquillas site
by river and more than 260 miles by road on the U.S. side. On the
Mexican side, by road, a traveler would have to travel hundreds of
miles from the town of Boquillas south into the interior of Mexico to
connect to a highway that would bring the traveler back northeast to
Del Rio, Texas. Thus, CBP believes the Boquillas border crossing is
needed to fill the long stretch of border between Presidio and Del Rio
where there is currently no authorized international border crossing.

F. Effect on the National Park and the Village of Boquillas

Comments
A few commenters are opposed to opening a border crossing in a
national park. One commenter said that there is little in the village
of Boquillas to attract park visitors and little in Big Bend National
Park to attract the residents of Boquillas, Mexico. Several commenters
suggested that increasing commerce to a small Mexican village is an
insufficient reason to open a new border crossing.
However, many other commenters are of the view the Boquillas border
crossing will benefit Big Bend National Park and its visitors, as well
as the inhabitants of the village of Boquillas. Some commenters noted
that the resources that make Big Bend National Park worthy of
protection are not

[[Page 76350]]

confined solely within the bounds of the National Park, but include
surrounding parks and protected areas in both the United States and
Mexico. They are of the view that the legal crossing will allow
conservationists to collaborate across the Rio Grande, permitting
greater protection efforts for plants and wildlife. One commenter
stated that closing the crossing in 2002 had an adverse impact on the
ability to protect natural resources, because the long distances to the
closest legal border crossing have complicated cross-border cooperation
on issues ranging from firefighting to removal of invasive species.
Some commenters noted that the history and culture of the United
States and Mexico are deeply intertwined in this area, and, to fully
appreciate this, a visitor to the park needs to be able to interact
with those on the other side of the border. Many commenters who are
familiar with the Boquillas border crossing before it was closed in
2002 anticipate that the new border crossing will open up many
opportunities for residents and travelers in the area. For example, one
commenter supports reuniting the protected areas on either side of the
Rio Grande for such purposes as observing nature and photography.
Another enjoyed crossing into Mexico prior to the closing of the
historic crossing to paint landscapes. Other commenters enjoyed
visiting the village of Boquillas for the cross-cultural experience. A
few commenters also noted that when the crossing was previously open,
residents of the village of Boquillas used the crossing to trade goods,
buy food, and visit relatives. One commenter estimated that 40 percent
of the Rio Grande Village store's revenue, which lies within Big Bend
National Park, came from the residents of Boquillas, Mexico, who
crossed the river to buy staples unavailable in their village.
A few commenters suggested that allowing for more legal, viable
sources of revenue for the residents of Boquillas, who once depended
heavily on tourism and trade of handicrafts, will increase security in
the region around the Boquillas border crossing. One commenter stated
that the border crossing will allow the re-establishment of commercial
and cultural ties, providing opportunities for people across the border
who currently have no stake in the security of the border, and creating
an incentive to keep the crossing legal and open. Additionally, a few
commenters believe that with a legal border crossing, Border Patrol
agents will no longer need to spend time and resources pursuing those
who may now be crossing illegally merely to buy provisions to take home
or those who may have purchased a handicraft made by the residents of
Boquillas, Mexico.
CBP Response
CBP believes that the Boquillas border crossing will benefit both
sides of the border, not only the village of Boquillas. According to
the U.S. Department of the Interior, the opening of the Boquillas
border crossing will allow for the development of a model of binational
cooperation for the conservation and enjoyment of shared ecosystems for
current and future generations. With more than 268 river miles and 3
million acres of contiguous parks and protected area on both sides of
the border, the border crossing should facilitate research and
conservation along the Rio Grande within Big Bend National Park and the
Mexican Protected Areas.
NPS anticipates an increase in visitors to Big Bend National Park
due to the new border crossing. NPS also anticipates that visitors are
likely to increase the length of their stays in the Big Bend region in
order to take advantage of the crossing. New visitors and visitors
staying longer will have a positive impact on the local economy on the
U.S. side. Additionally, there are also a number of river outfitters on
the U.S. side who can benefit from the new border crossing by expanding
their services and businesses to include trips not only down the Rio
Grande but also into Mexico. With the opening of the Boquillas border
crossing, river outfitters will be able to lead tours into Mexico and
report back to CBP within the park.

G. Lack of a Bridge

Comment
One commenter is concerned that there will not be a bridge or other
infrastructure crossing the Rio Grande at this site. The commenter
stated that when the border crossing was open previously, those
crossing the Rio Grande did so in leaky rowboats, which presented a
potential hazard to individuals as well as potential liability to the
park and the federal government.
CBP Response
According to NPS, numerous river outfitters and travelers with
their own boats, such as kayaks or canoes, already float the Rio Grande
within Big Bend National Park each year. All river outfitters coming
into the park are required to meet safety standards and training
standards for employees. All commercial boat operations at the
Boquillas border crossing will be required to meet the same training
and safety standards as the current river outfitters. Additionally, NPS
requires that all travelers with their own boats register at park
headquarters prior to floating the river.

H. Maintenance of the Facility

Comment
One commenter is concerned that there is insufficient maintenance
staff in the park to maintain this new structure along with the many
other existing structures in the park.
CBP Response
NPS does not anticipate any issues with maintenance of the
facility. The opening of the Boquillas border crossing requires the
construction of a small facility and the installation of hardware that
meets the technical specifications for land border crossings. NPS is
constructing a facility large enough to house both a small visitor
center and the CBP inspection stations. The small facility is designed
to be both energy efficient and low maintenance and will have minimal
impact on park maintenance operations.

I. Opportunity for Comment

Comment
One commenter is of the view that the opportunity CBP provided for
public comment was too late, as the project was already underway. The
commenter also stated that the project is already behind schedule and
over budget.
CBP Response
Even though there had been discussions about establishing a border
crossing in Big Bend National Park after President Obama and President
Calder[oacute]n issued their joint statement in 2010, CBP had not made
a final determination to proceed with the project until an
environmental assessment was completed and public comment was sought
and reviewed. CBP has carefully considered all the comments received
before reaching any conclusions about whether to open the border
crossing. NPS has not indicated any issues with funding the
construction of the facility.

J. Cost of Project

Comment
One commenter is concerned about the cost of the project. The
commenter believes federal spending should be reduced, and is concerned
that this project will increase the U.S. debt level.

[[Page 76351]]

CBP Response
The costs and benefits of this rule are discussed in the section
entitled, ``Executive Order 12866 (Regulatory Planning and Review) and
13563 (Improving Regulations and Regulatory Review)'' and elsewhere in
this document. CBP is of the view that the societal benefits of this
rule outweigh the costs.

Revision of Class B Port of Entry Description

In the NPRM, CBP also proposed to update the description of a Class
B port of entry to reflect current border crossing document
requirements. The Boquillas border crossing would fit within the
proposed new description of a Class B port of entry. CBP received no
comments regarding the proposed revision to the Class B port of entry
description. For a full explanation of the Class B description
amendment, please see the section entitled ``Proposed Revision of Class
B Port of Entry Description'' in the NPRM.

Adoption of Proposal

In view of the foregoing, and after consideration of the comments
received, CBP has determined to adopt as final, the proposed rule
published in the Federal Register, which establishes the Boquillas
border crossing and revises the description of a Class B port of entry.

Authority

These regulations are being amended pursuant to 5 U.S.C. 301, 6
U.S.C. 112, 203 and 211, 8 U.S.C. 1103, 8 U.S.C. 1185 note (section
7209 of Pub. L. 108-458), and 19 U.S.C. 1, 58b, 66 and 1624.

Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review)

This final rule is not an ``economically significant'' rulemaking
action under Executive Order 12866, as supplemented by Executive Order
13563, because it will not result in the expenditure of more than $100
million in any one year. This final rule, however, is a significant
regulatory action under Executive Order 12866; therefore, the Office of
Management and Budget has reviewed this rule.
The opening of the Boquillas border crossing will entail
constructing a small inspection facility and installing hardware that
meets the technical specifications for land ports of entry. NPS is
constructing a building large enough to house both a small visitor
center and the CBP inspection station. This construction is being
funded entirely by NPS and is expected to cost $2.1 million,\4\ which
accounts for special construction needed to address the remoteness of
the facility. CBP will be responsible for procuring and installing all
equipment needed for its operation, which includes inspection kiosks,
surveillance equipment, and an agricultural waste disposal system. This
equipment will cost $1,577,000 the first year, which includes
installation, hardware, connectivity, and security.\5\ We estimate that
the facility will cost $200,000 each year for operation and
maintenance; an estimated $195,000 will be incurred by CBP and $5,000
by NPS.\6\ NPS will also staff the facility with a combination of paid
seasonal and volunteer personnel. NPS estimates that 0.5 paid Full-Time
Equivalents (FTEs) will be needed to staff the new facility at a cost
of approximately $17,800 per year.\7\ The total cost of opening the
Boquillas border crossing is estimated to be $3.7 million in the first
year and $217,800 in subsequent years, all of which will be incurred by
the U.S. government.
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\4\ Source: National Park Service Predesign Study--Boquillas
Crossing Visitor Contact/Border Station. January 2011.
\5\ Source: CBP Office of Information Technology estimate on
March 4, 2011.
\6\ Sources: CBP Office of Information Technology estimate on
March 4, 2011 and National Park Service estimate on March 24, 2011.
\7\ NPS assumes the facility will be staffed seasonally for
approximately half the year with a GS-05 step 5 employee ($35,489
annual salary). Email communication with Big Bend park management
staff on March 24, 2011. Salary information: http://www.opm.gov/oca/11tables/html/RUS.asp, accessed March 24, 2011. Calculation: 0.5 FTE
x $35,489 = $17,745, rounded to $17,800. This calculation does not
include benefits, because the facility will be staffed by part-time
seasonal employees.
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NPS anticipates that 15,000 to 20,000 people will use the Boquillas
border crossing in the first year.\8\ Most of this traffic is expected
to be U.S. citizens who will benefit from visiting the town of
Boquillas del Carmen on the Mexican side of the border for food,
souvenirs, and a unique cultural experience. The number of border
crossers may grow over time as NPS continues to work with the Mexican
government to develop ecotourism and sports and recreational
opportunities. Because of the absence of data on the number of future
border crossers and their willingness to pay for these experiences, we
are not able to quantify the benefit of the availability of these
experiences to the U.S. economy.
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\8\ Source: Telephone communication with Big Bend park
management staff on January 10, 2011.
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In addition to opening a new border crossing at Boquillas, this
final rule will revise the definition of a Class B port of entry to
make the admissibility documents allowed at a Class B port of entry
consistent with WHTI. The costs and benefits of obtaining WHTI-
compliant documents were included in the final rule establishing
WHTI.\9\ This final rule will not result in any additional costs or
benefits.
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\9\ The Regulatory Assessments for the April 2008 Final Rule for
WHTI requirements in the land environment can be found at
www.regulations.gov, document numbers USCBP-2007-0061-0615 and
USCBP-2007-0061-0616.
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Regulatory Flexibility Act

This section examines the impact of the final rule on small
entities as required by the Regulatory Flexibility Act (5 U.S.C. 603),
as amended by the Small Business Regulatory Enforcement and Fairness
Act of 1996. 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 final rule does not directly impact small entities, because
individuals will be affected by the final rule and individuals are not
considered small entities. In the NPRM, we stated that we did not
believe the rule would have a significant economic impact on a
substantial number of small entities and requested comments regarding
that assessment. As we did not receive any comments with information
that shows that the rule will have a significant economic impact on a
substantial number of small entities, CBP certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities.

Executive Order 13132

The final rule will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, this final rule does not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.

The National Environmental Policy Act of 1969

DHS and CBP, in consultation with NPS within the U.S. Department of
Interior, have been reviewing the potential environmental and other
impacts of this proposed rule in accordance with the National

[[Page 76352]]

Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the
regulations of the Council on Environmental Quality (40 CFR part 1500),
and DHS Management Directive 023-01, Environmental Planning Program of
April 19, 2006.
NPS prepared an environmental assessment (EA) that examines the
effects on the natural and human environment associated with the
proposed construction and operation of a visitor station and
establishment of a Class B port of entry on the Rio Grande between the
United States and Mexico within Big Bend National Park. The NPS EA
encompasses all components of the Boquillas border crossing, including
CBP operations of the port of entry. On June 28, 2011, NPS issued a
Finding of No Significant Impact (FONSI) concluding that the proposed
activities would not result in a significant impact to the human and
natural environment.
In accordance with NEPA, CBP has carefully reviewed the EA
developed by NPS and has determined that it considers all potential
impacts of the project accurately. Therefore, CBP is adopting the EA
developed by NPS and is issuing a FONSI. These documents will be posted
on the CBP Web site at www.cbp.gov and in the docket for this
rulemaking at http://www.regulations.gov.

Signing Authority

The signing authority for amending title 19 of the Code of Federal
Regulations falls under 19 CFR 0.2(a), because the establishment of
this Customs station 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 her delegate).

List of Subjects

8 CFR Part 100

Organization and functions (Government agencies).

19 CFR Part 101

Customs duties and inspection, Harbors, Organization and functions
(Government agencies), Seals and insignia, Vessels.

Amendments to the Regulations

For the reasons stated in the preamble, we amend 8 CFR part 100 and
19 CFR part 101 as set forth below.

Title 8--Aliens and Nationality

CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

PART 100--STATEMENT OF ORGANIZATION

0
1. Revise the authority citation for part 100 to read as follows:

Authority: 8 U.S.C. 1103; 8 U.S.C. 1185 note (section 7209 of
Pub. L. 108-458); 8 CFR part 2.

0
2. Amend Sec. 100.4(a) as follows:
0
a. Revise the fifth sentence of Sec. 100.4(a) to read as set forth
below.
0
b. Under the heading ``District No. 15--El Paso, Texas,'' add the
subheading, ``Class B'' and add ``Boquillas, TX'' under the new ``Class
B'' heading.

Sec. 100.4 Field offices.

(a) * * * Class B means that the port is a designated Port-of-Entry
for aliens who at the time of applying for admission are exempt from
document requirements by Sec. 212.1(c)(5) of this chapter or who are
lawfully in possession of valid Permanent Resident Cards, and
nonimmigrant aliens who are citizens of Canada or Bermuda or nationals
of Mexico and who at the time of applying for admission are lawfully in
possession of all valid documents required for admission as set forth
in Sec. Sec. 212.1(a) and (c) and 235.1(d) and (e) of this chapter and
are admissible without further arrival documentation or immigration
processing. * * *
* * * * *

Title 19--Customs Duties

CHAPTER I--U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND
SECURITY; DEPARTMENT OF THE TREASURY

PART 101--GENERAL PROVISIONS

0
3. The authority citation for part 101, and the sectional authority for
Sec. Sec. 101.3 and 101.4, 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. Section 101.3 and 101.4 also issued under 19 U.S.C. 1 and
58b;
* * * * *

Sec. 101.4 [Amended]

4. In Sec. 101.4(c), under the state of Texas, add ``Boquillas''
in alphabetical order to the Customs station column and add
``Presidio.'' to the corresponding Supervisory port of entry column.

Janet Napolitano,
Secretary.
[FR Doc. 2012-31328 Filed 12-27-12; 8:45 am]
BILLING CODE 9111-14-P