[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13476-13478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04620]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 101

[Docket No. USCBP-2011-0031; CBP Dec. 13-2]


Modification of the Port Limits of Green Bay, WI

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

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations pertaining to CBP's field organization by expanding 
and revising the geographical limits of the port of Green Bay, 
Wisconsin. The port limits will be revised to refer to identifiable 
roadways and waterways rather than townships and will be extended to 
include the entire Austin Straubel Airport. The change will make the 
boundaries more easily identifiable to the public. The change is part 
of a continuing program to more efficiently utilize CBP's personnel, 
facilities, and resources, and to provide better service to carriers, 
importers, and the general public.

DATES: Effective Date: April 1, 2013.

FOR FURTHER INFORMATION CONTACT: Tina Loos, Operations Specialist, 
Chicago Field Office, Office of Field Operations, by phone at (312) 
542-5754 or by email at Tina.M.Loos@dhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In a Notice of Proposed Rulemaking (NPRM) published in the Federal 
Register (76 FR 69688) on November 9, 2011, the Department of Homeland 
Security, U.S. Customs and Border Protection (CBP) proposed to amend 
the list of CBP ports of entry at 19 CFR 101.3(b)(1) to extend and 
revise the limits of the port of Green Bay, Wisconsin. CBP proposed to 
revise the port limits to refer to identifiable roadways and waterways 
rather than townships and to extend the port limits

[[Page 13477]]

to include the entire Austin Straubel Airport.
    As explained in the NPRM, the port limits of Green Bay, Wisconsin 
originally consisted of the corporate limits of Green Bay, Wisconsin, 
but were expanded in 1958 to include the townships of Ashwaubenon, 
Allouez, Preble and Howard and the city of De Pere, all in the State of 
Wisconsin. See Treasury Decision (T.D.) 54597, effective May 27, 1958. 
CBP has included a map of the current port limits in the docket as 
``Attachment A: Green Bay (Current).''
    CBP proposed to amend the port limits of the port of Green Bay, 
Wisconsin because the boundaries of the listed townships are not easy 
to locate, one of the townships identified in T.D. 54597 (the Preble 
township) no longer exists, and due to an error, a portion of the 
Austin Straubel Airport is located outside the current port limits. CBP 
determined that this change would not result in a change in the service 
that is provided to the public by the port, nor would a change in the 
staffing or workload at the port be required. A map of the new port 
limits is included in the docket as ``Attachment B: Green Bay 
(Proposed).''
    Interested parties were given until January 9, 2012, to comment on 
the proposed changes. No comments were received in response to the 
notice. Accordingly, CBP will adopt the proposal as set forth in the 
NPRM.

II. Conclusion

    CBP is extending and revising the geographical limits of the port 
of Green Bay, Wisconsin. CBP believes that extending the geographical 
limits of the port of Green Bay, Wisconsin to include the entire Austin 
Straubel Airport and by revising the geographical limits to refer to 
identifiable roadways and waterways rather than townships will enable 
CBP to more efficiently utilize its personnel, facilities, and 
resources, and to provide better service to carriers, importers, and 
the general public. Therefore, the port of entry description of Green 
Bay, Wisconsin, will be revised as proposed in the NPRM.

III. Port Description of Green Bay, Wisconsin

    The expanded and revised port limits of the Green Bay, Wisconsin 
port of entry, are as follows: Beginning at the point in the Sensiba 
State Wildlife Area where Lineville Rd. meets the shore of Lake 
Michigan, proceeding west on Lineville Rd. to the intersection with 
Westline Rd.; then south on Westline Rd. to the intersection with 
Glendale Ave.; then west on Glendale Ave. to the intersection with 
County Line Rd. (County Route U); then south on County Line Rd. to the 
intersection with Wisconsin State Route 29/32; then southeast on Route 
29/32 to the intersection with Riverdale Dr. (County Route J); then 
southwest on Riverdale Dr. to the intersection with Hillcrest Dr.; then 
south on Hillcrest Dr. to the intersection with W Mason St. (State 
Route 54); then southwest on W Mason St. to the intersection with S 
Pine Tree Rd.; then south on S Pine Tree Rd. to the intersection with 
Orlando Dr.; then east on Orlando Dr. (which turns into Grant St.) to 
the intersection with 3rd St.; then north on 3rd St. to Main St. (State 
Route 32); then east on Main St. across the Fox River onto George St.; 
then east on George St. to the intersection with S Webster Ave.; then 
southwest on S Webster Ave. to Chicago St. (County Route G); then 
southeast on Chicago St. to the intersection with Monroe Rd. (County 
Route GV); then northeast on Monroe Rd. to the intersection with State 
Route 172; then east on State Route 172 to the intersection with 
Interstate 43; then northeast on I-43 to the intersection with 
Manitowoc Rd.; then southeast on Manitowoc Rd. to the intersection with 
Eaton Rd. (County Route JJ), then east on Eaton Rd. to the intersection 
with S Vandenberg Rd. (County Route OO/QQ); then north on S Vandenberg 
Rd. to the intersection with Humboldt Rd., then northwest on Humboldt 
Rd. to the intersection with N Northview Rd.; then north on N Northview 
Rd. to the intersection with Luxemburg Rd.; then west on Luxemburg Rd. 
to the intersection with Spartan Rd.; then north on Spartan Rd. to the 
intersection with State Route 54/57; then northeast and north on Route 
57 to the intersection with Van Lanen Rd.; then west on Van Lanen to 
the point where Van Lanen Rd. meets the shore of Lake Michigan.

IV. Authority

    This change is made under the authority of 5 U.S.C. 301; 19 U.S.C. 
2, 66, and 1624; and section 403 of the Homeland Security Act of 2002, 
Public Law 107-296, 116 Stat. 2178 (Nov. 25, 2002) (6 U.S.C. 203).

V. Regulatory Requirements

A. Executive Order 12866: Regulatory Planning and Review

    This final rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, as supplemented by Executive 
Order 13563. The change is intended to revise the geographical 
boundaries of the Green Bay, Wisconsin, port of entry and make the 
boundaries more easily identifiable to the public. There are no new 
costs to the public associated with the rule, and the rule does not 
otherwise implicate the factors set forth in section 3(f) of Executive 
Order 12866. Accordingly, this rule has not been submitted to the 
Office of Management and Budget for review.

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 final 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 final rule should confer benefits to CBP, carriers, importers, and 
the general public. Because this final rule does not directly regulate 
small entities, CBP certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.

C. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

D. Executive Order 13132

    The 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 rule does not have sufficient federalism implications 
to warrant the preparation of a federalism summary impact statement.

[[Page 13478]]

VI. Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a). 
Accordingly, this final rule is signed by the Secretary of Homeland 
Security.

Lists of Subjects in 19 CFR Part 101

    Customs duties and inspection, Customs ports of entry, Exports, 
Imports, Organization and functions (Government agencies).

Amendments to Regulations

    For the reasons set forth above, part 101, CBP Regulations (19 CFR 
part 101), is 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 Green Bay, Wisconsin, the present 
limits description ``Including townships of Ashwaubenon, Allouez, 
Preble, and Howard, and city of De Pere, T.D. 54597'' and adding ``CBP 
Dec. 13-2'' in its place.

    Dated: February 22, 2013.
Janet Napolitano,
Secretary.
[FR Doc. 2013-04620 Filed 2-27-13; 8:45 am]
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