Unknown. Final rule
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/register/2014/07/22/2014-17190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2014-07-22.xml --- 79 140 Tuesday, July 22, 2014 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 42515-42516 2014-16668 Agriculture Agriculture Department See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42492-42493 2014-17095 2014-17097 2014-17098 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 42516-42517 2014-17137 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 42500-42501 2014-17338 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation NOTICES Funding Availability: Noninsured Crop Disaster Assistance for 2012 Fruit Crop Losses, 42493-42499 2014-17237 Consumer Product Consumer Product Safety Commission NOTICES Meetings;
Sunshine Act, 42506 2014-17276 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Business Systems Compliance; Correction, 42491 2014-17216 NOTICES Providing Accelerated Payment to Small Business Subcontractors, 42506 2014-17061 Defense Department Defense Department See Defense Acquisition Regulations System Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the O'Connor Superfund Site, 42461-42462 2014-17133 NOTICES Confidentiality of Business Information: Compliance Documents for 2014 and Subsequent Model Year Vehicles, Engines and Equipment, 42512-42513 2014-17240 Executive Office of the President See Presidential Documents See Science and Technology Policy Office Federal Aviation Federal Aviation Administration PROPOSED RULES Exclusion of Tethered Launches from Licensing Requirements, 42475-42483 2014-16954 Non-aeronautical Use of Airport Hangars, 42483-42486 2014-17031 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships:
Central Progressive Bank, Lacombe, LA, 42513 2014-17200 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: ANR Pipeline Co., 42507-42508 2014-17209 Colombia Pipeline, LLC, 42506-42507 2014-17208 Combined Filings, 42508-42509 2014-17198 2014-17199 Declaratory Order Petitions: NM Neptune, LLC, 42509 2014-17210 Environmental Assessments; Availability, etc.: Niagara Expansion Project, Tennessee Gas Pipeline Co. LLC; Northern Access 2015 Project, National Fuel Gas Supply Corp., 42509-42510 2014-17207 License Amendment Applications:
Sturgis, MI, 42510-42511 2014-17211 Preliminary Permit Applications: Dynegy Estero Bay Wave Park, LLC, 42512 2014-17213 Dynegy Point Estero Wave Park, LLC, 42511-42512 2014-17212 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Fannie Mae and Freddie Mac Draft Private Mortgage Insurer Eligibility Requirements, 42513 2014-17139 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards; Exemption Applications: Daimler Trucks North America (Daimler), 42626-42627 2014-17246 Qualification of Drivers;
Exemption Applications: Diabetes Mellitus, 42628-42629 2014-17247 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 42629-42631 2014-17173 2014-17174 2014-17175 2014-17176 Federal Reserve Federal Reserve System NOTICES Federal Open Market Committee; Domestic Policy Directive, 42513-42514 2014-17123 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 42514 2014-17307 Federal Transit Federal Transit Administration NOTICES Fiscal Year 2013 and 2014 Passenger Ferry Grant Program Project Selections, 42631-42638 2014-17248 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Impositions of Special Measures;
Financial Institutions of Primary Money Laundering Concern: FBME Bank Ltd., Formerly Known as Federal Bank of the Middle East, Ltd., 42486-42491 2014-17172 NOTICES Financial Institutions of Primary Money Laundering Concern: FBME Bank Ltd., Formerly Known as Federal Bank of the Middle East, Ltd., 42639-42641 2014-17171 Fish Fish and Wildlife Service NOTICES Incidental Take Permits: Hydrocarbon Test Well Drilling Pad Construction, Greene County, MS, 42524-42525 2014-17193 Voluntary Prelisting Conservation Actions, 42525-42532 2014-17022 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 42517-42518 2014-16564 Meetings: Advancing the Use of Biomarkers and Pharmacogenomics, 42518-42519 2014-17090 Endocrinologic and Metabolic Drug Products Advisory Committee, 42519-42520 2014-17086 Food Safety Food Safety and Inspection Service PROPOSED RULES Records to be Kept by Official Establishments and Retail Stores that Grind Raw Beef Products, 42464-42474 2014-17128 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Applications:
LEEVAC Shipyards, LLC, Foreign-Trade Zone 87, Lake Charles, LA, 42501 2014-17235 Forest Forest Service NOTICES Meetings: Tongass Advisory Committee, 42499-42500 2014-17220 Water Quality Protection on National Forest System Lands: Proposed Directives for National Best Management Practices, 42500 2014-17163 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Services Administration Acquisition Regulation;
Zero Burden Information Collection Reports, 42515 2014-17194 Information Specific to a Contract or Contracting Action, 42514 2014-17191 Government Accountability Government Accountability Office NOTICES Requests for Nominations: Medicaid and CHIP Payment and Access Commission, 42515 2014-17124 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings:
Advisory Committee on Training in Primary Care Medicine and Dentistry, 42520-42521 2014-17087 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Closing of the Jamieson Line, New York Border Crossing, 42449-42452 2014-17190 Industry Industry and Security Bureau RULES Addition of Certain Persons to the Entity List, 42452-42458 2014-17196 Interior Interior Department See Fish and Wildlife Service See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Grain-Oriented Electrical Steel from Germany, Japan, and Poland, 42501-42503 2014-17226 Improving the Entry Process and Airport-Specific Plans for International Travelers to the United States, 42503-42504 2014-17215 International Trade Com International Trade Commission NOTICES Complaints: Certain Communications or Computing Devices, and Components, 42532-42533 2014-17157 Investigations; Determinations, Modifications and Rulings, etc.: Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, etc., 42533-42534 2014-17203 Investigations;
Determinations, Modifications, and Rulings, etc.: Polyethylene Terephthalate Film, Sheet, and Strip From India and Taiwan, 42534 2014-17158 Justice Department Justice Department NOTICES Proposed Consent Decrees under the Clean Air Act, 42534-42535 2014-17127 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Delinquent Filer Voluntary Compliance Program, 42535-42536 2014-17107 Opportunities for Youth Demonstration and Evaluation Participant Tracking System, 42536-42537 2014-17224 Underground Construction Standard, 42537-42538 2014-17131 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws:
Vessel PUELCHE, 42638-42639 2014-16592 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 42522-42523 2014-17165 2014-17168 2014-17170 National Institute of Biomedical Imaging and Bioengineering, 42521-42522 2014-17169 National Institute on Aging, 42523 2014-17167 Office of the Director, National Institutes of Health, 42521 2014-17166 Senior Executive Service 2014 Performance Review Board Members, 42523 2014-17236 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2014 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper, 42462-42463 2014-17214 NOTICES Endangered and Threatened Species:
Recovery Plans, 42504-42505 2014-17177 Meetings: Pacific Fishery Management Council, 42505 2014-17197 Permits: Marine Mammals; File No. 18694; Application, 42505-42506 2014-17187 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 42532 2014-17159 Nuclear Regulatory Nuclear Regulatory Commission RULES Fee Schedules: Fee Recovery for Fiscal Year 2014; Correction, 42452 2014-17140 PROPOSED RULES Enhanced Security at Fuel Cycle Facilities;
Special Nuclear Material Transportation: Extension of Comment Period, 42474-42475 2014-17217 NOTICES Facility Operating Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 42539-42557 2014-17257 License Amendments: Virginia Electric and Power Co. for the North Anna Power Station Independent Spent Fuel Storage Installation, 42557-42559 2014-17242 Meetings; Sunshine Act, 42559 2014-17255 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings:
Maritime Advisory Committee for Occupational Safety and Health, 42538-42539 2014-17178 Postal Service Postal Service RULES Domestic Competitive Products Pricing and Mailing Standards Changes, 42460-42461 2014-17138 International Product Changes, 42458-42460 2014-17136 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Transnational Criminal Organizations; Continuation of National Emergency (Notice of July 18, 2014), 42643-42645 2014-17402 Science Technology Science and Technology Policy Office NOTICES Meetings:
National Nanotechnology Coordination Office; Webinar, 42559-42560 2014-17189 Requests for Information: Critical and Strategic Materials Supply Chains, 42560-42561 2014-17192 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42562-42564 2014-17180 2014-17181 2014-17182 2014-17183 2014-17184 2014-17185 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 42616-42619 2014-17145 Financial Industry Regulatory Authority, Inc., 42590-42592 2014-17150 NASDAQ OMX PHLX LLC, 42568-42572, 42578-42588, 42613-42616 2014-17143 2014-17154 2014-17156 New York Stock Exchange LLC, 42564-42566, 42588-42590, 42598-42600 2014-17151 2014-17152 2014-17153 New York Stock Exchange, LLC, 42603-42605 2014-17179 NYSE Arca, Inc., 42605-42613 2014-17155 NYSE MKT LLC, 42566-42568, 42592-42597, 42600-42602 2014-17146 2014-17147 2014-17148 2014-17149 The NASDAQ Stock Market LLC, 42572-42578 2014-17144 Suspension of Trading Orders: mBeach Software, Inc., 42619-42620 2014-17295 Small Business Small Business Administration NOTICES Actions Subject to Intergovernmental Reviews, 42620-42622 2014-17160 2014-17161 Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 42622 2014-17202 Disaster Declarations: Iowa, 42622-42623 2014-17118 Massachusetts, 42623-42624 2014-17116 South Dakota, 42624 2014-17114 Wisconsin, 42623 2014-17121 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit Regarding a Change of Name, 42624-42625 2014-17223 Foreign Service Officer Test Registration Form, 42625 2014-17239 Statement of Non-Receipt of a U.S.
Passport, 42625-42626 2014-17222 Foreign Operations, and Related Programs Appropriations Act Certifications: Government of Egypt, 42626 2014-17221 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Reporting Requirements for Participation in the Maritime Security Program, 42626 C1--2014--15756 Treasury Treasury Department See Financial Crimes Enforcement Network See United States Mint U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Premium Processing Service, 42523-42524 2014-17225 Customs U.S. Customs and Border Protection RULES Closing of the Jamieson Line, New York Border Crossing, 42449-42452 2014-17190 NOTICES Improving the Entry Process and Airport-Specific Plans for International Travelers to the United States, 42503-42504 2014-17215 U.S. Mint United States Mint NOTICES Meetings:
Citizens Coinage Advisory Committee, 42641 2014-17245 Separate Parts In This Issue Part II Presidential Documents, 42643-42645 2014-17402 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 79 140 Tuesday, July 22, 2014 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 100 Customs and Border Protection 19 CFR Part 101 [Docket No.
USCBP-2012-0037; CBP Dec. 14-08] Closing of the Jamieson Line, New York Border Crossing AGENCY: U.S. Customs and Border Protection, DHS. ACTION: Final rule. SUMMARY: This final rule amends the Department of Homeland Security
(DHS)regulations pertaining to the field organization of U.S. Customs and Border Protection
(CBP)by closing the Jamieson Line, New York border crossing. The change is part of CBP's continuing program to utilize its personnel, facilities, and resources more efficiently, and to provide better service to carriers, importers, and the general public. DATES: This final rule is effective on August 21, 2014. FOR FURTHER INFORMATION CONTACT: Mr. Roger Kaplan, Office of Field Operations, U.S. Customs and Border Protection,
(202)325-4543, or by email at *Roger.Kaplan@cbp.dhs.gov* . SUPPLEMENTARY INFORMATION: I. Background On September 24, 2012, CBP published a Notice of Proposed Rulemaking
(NPRM)in the **Federal Register** (77 FR 58782), proposing to close the Jamieson Line, New York, border crossing and amend the lists of CBP Customs stations at 19 CFR 101.4(c) and the CBP ports of entry at 8 CFR 100.4(a) to reflect the change. The primary reason for the proposed closure was the Canada Border Services Agency's
(CBSA)closure of its adjacent port of entry of Jamieson's Line port in Quebec, Canada on April 1, 2011. As set forth in the NPRM, other factors were the very limited usage of the port; the locations of the alternative ports of entry of Trout River, New York and Chateaugay, New York; the lack of infrastructure at the border crossing to meet modern operational, safety, and technological demands of ports of entry; and the analysis of the net benefit of the port closure, including the cost of necessary renovations were the port to remain open. II. Analysis of Comments CBP received nine public comments in response to the NPRM. Three commenters supported the closure of the Jamieson Line border crossing and six commenters opposed it. The following section summarizes the comments and CBP responses, grouped into three general categories: impact on travelers, impact on surrounding area, and costs. 1. Impact on Travelers *Comments:* Several commenters wrote that the closure would require a detour during their frequent trips from Canada to the United States resulting in additional travel time, vehicle wear and tear, and added fuel costs. One of the commenters stated that, as a senior citizen on a very limited pension, the additional travel time to the Chateaugay border crossing and the added fuel cost would be a great burden. A commenter supporting the proposed closure of the border crossing wrote that traveling the six to nine extra miles to the next closest border crossing is not a substantial burden given that the Jamieson Line border crossing is infrequently used. Another commenter wrote that the border crossings at Chateaugay and Trout River are on state highways (as opposed to the Jamieson Line border crossing which is on a country road) and stated that re-routing the traffic to state highways would provide a more direct route for most travelers. One of the commenters queried whether the Jamieson Line border crossing has historically had significantly higher traffic numbers than in more recent years. *CBP Response:* The Jamieson Line border crossing is one of CBP's least trafficked border crossings. The border crossing has processed an average of less than six privately owned vehicles per day and had the eighth lowest traffic volume of all CBP land border crossings for the past four fiscal years (2009-2012). 1 As explained in detail below, CBP would incur substantial costs in order to keep the border crossing open. Although CBP sincerely regrets the disruptions to personal and business routines that some individuals will experience due to the closure of the Jamieson Line border crossing, CBP cannot justify the substantial costs for so few vehicles. 1 Prior to 2008, traffic at the Jamieson Line border crossing was combined with the traffic of nearby ports so CBP cannot ascertain the actual number of crossings at the Jamieson Line border crossing for earlier years. 2. Impact on Surrounding Area *Comments:* One commenter wrote that the closing of the Jamieson Line border crossing would lead to job loss and economic hardship within the local community of Burke, New York, which will lose contracts at the border crossing for services such as cleaning, lawn maintenance, and snow removal as well as business from the loss of travelers. (The Jamieson Line border crossing is in Burke, New York). The commenter also stated that the neighboring ports will be adversely affected by the closure since the neighboring ports are already burdened by obsolete buildings and minimum staffing and that the closing of the Jamieson Line border crossing would increase the wait times at the neighboring ports of Chateaugay and Trout River. A commenter supporting the proposed border crossing closure noted that the citizens in the surrounding areas will be minimally impacted by the closure of the Jamieson Line border crossing; according to multiple maps of the area, there are no local businesses in the vicinity of the Jamieson Line border crossing and the travel time would not increase given the re-routing of the traffic to faster, more efficient state highways. Another commenter asked whether the necessary renovation to the border crossing were it to remain open would stimulate the economy of the town of Burke, New York, which might attract more Canadians into the United States, especially given the favorable exchange rates. This commenter also inquired if renovating the Jamieson Line border crossing would potentially increase trade between the United States and Canada per “the Perimeter Security agreement”. Finally, this commenter asked whether CBP considered converting the Jamieson Line border crossing into an unmanned crossing. Another commenter questioned whether the greater distance between the border crossings made the border less secure. *CBP response:* CBP believes that the impact of the closure of the Jamieson Line border crossing on the town of Burke and the surrounding area will be minimal. Since fewer than an average of six vehicles a day enter the United States at the Jamieson Line crossing, the effect to local businesses is likely to be very small and the effect on wait times at nearby ports, if any, is likely to be minimal. We do not believe that the vehicle traffic at the border crossing would increase or that other benefits would accrue from renovating the border crossing. CBP notes that such renovation would be performed only to allow the border crossing to meet current DHS building safety and security standards and that the border crossing would operate in the same manner as before, with one primary lane, no secondary lane, and no formal commercial vehicle inspection area. As such, CBP would not expect an increase in jobs or business activity in the local community. CBP does not believe that a renovation would increase the number of tourists arriving from Canada, especially given the fact that the border crossing on the Canadian side is closed. CBP also notes that the Beyond the Border Declaration between the United States and Canada (which the commenter refers to as the Perimeter Security agreement) is not relevant to the closure of the Jamieson Line border crossing as it primarily addresses security concerns, the further development of the trusted traveler programs, and the coordination between Canada and the United States at large border crossings. CBP believes that the closure of the border crossing would not impair security at the border. First, CBP notes that the Area Port of Trout River and its border crossings (including Jamieson Line) have a low-risk, low-threat security and law-enforcement environment. Second, CBP will be taking several steps to address security concerns, including building a barrier to physically block the road to vehicular traffic, electronically monitoring the border crossing at all times, and conducting periodic sweeps. The suggestion that CBP should consider converting the Jamieson Line border crossing into an unmanned crossing is not a viable option because the technology and equipment that would allow a border to be unstaffed is prohibitively expensive. In addition, the servicing port of any unmanned crossing at the Jamieson Line border crossing would still have to redirect manpower to respond to entry requests at a substantial cost. 3. Costs *Comments:* Several of the commenters supporting the proposed closure of the Jamieson Line border crossing asserted that the closure is the fiscally sound option given the low daily volume of travelers, the nearby alternative ports of entry available, and the substantial cost to renovate the facilities to meet the current safety and security requirements. One of the commenters praised CBP for taking steps to save money especially given today's budgetary concerns. Another commenter wrote that the current condition of the building could pose a potential public risk if not updated and that the stated cost of implementing these necessary renovations is extremely high in relation to the low use of the border crossing. Several commenters questioned the economic analysis included in the NPRM. One of the commenters wrote that renovating the structure was not the only viable option for keeping the Jamieson Line border crossing open and that CBP should have considered the alternative of continuing to operate the border crossing in its current state. Another commenter wrote that the border crossing has functioned for over fifty years and that only a modest replacement of the building for a fraction of the $6,500,000 cost reflected in the NPRM would be necessary. A commenter challenged the estimated costs and economic analysis in the NPRM and asserted that numerous costs were incorrect. Among other assertions, this commenter stated that the border crossing would only require three full-time CBP officers for full coverage and not the five full-time CBP officers currently assigned to the Jamieson Line border crossing. Finally, one commenter wrote that the annual cost to travelers to close the border crossing represents slightly less than 10% of what it would cost CBP to keep the facility operating in its current state. *CBP Response:* We disagree with the commenters' assertions that CBP does not have to renovate the border crossing to continue operating the crossing and CBP maintains that all of our cost calculations are accurate. The current facility at the Jamieson Line border crossing does not meet CBP building safety and security standards and CBP must construct a new facility to meet these standards if the border crossing operations are to continue. (The facility was built in 1945 and has not undergone renovation since 1962.). As stated in the NPRM, CBP estimates the cost to renovate the facility at the Jamieson Line border crossing to be $6,500,000. This estimate is based on the actual labor, land, environmental and other relevant costs to construct identical facilities in New York and Vermont. As further stated in the NPRM, the cost of the renovations and the costs to CBP of continuing to operate the Jamieson Line border crossing are $7,087,000 (construction, plus staffing and operating costs) during the first year and $587,000 (staffing and operating expenses) each following year. CBP estimates that it will cost approximately $205,000 to physically close the border crossing which involves building barricades, stabilizing the building and fencing. CBP concurs that the additional travel cost to travelers is far less than the annual expense to the taxpayer for operating the Jamieson Line border crossing. With regard to the level of staffing required at the Jamieson Line border crossing, CBP requires five full-time CBP officers at the crossing. This takes into account a five-day work week, vacation and sick leave, and time for mandatory and mission-enhancing training. When the NPRM was issued, the CBP Office of Field Operations estimated that a CBP officer spends 1,194 hours performing border crossing duties while at a border crossing (this estimate has since been revised to 1,182 hours). The Jamieson Line border crossing is open eight hours a day, 365 days a year and is staffed by two CBP officers each day. Therefore, this border crossing requires 5,840 hours of CBP officer time specifically dedicated to border crossing duties each year. As a result, five CBP officers are required to staff the Jamieson Line crossing. III. Conclusion After carefully considering the comments, CBP has decided to close the Jamieson Line, New York border crossing. We also considered
(1)the very limited usage of the border crossing;
(2)the locations of the alternative ports of entry;
(3)the lack of infrastructure at the border crossing to meet modern operational, safety, and technological demands of ports of entry; and
(4)the analysis of the net benefit of the border crossing closure including the cost of necessary renovations were the crossing to remain open. The lists of CBP Customs stations at 19 CFR 101.4(c) and the CBP ports of entry at 8 CFR 100.4(a) are being amended to reflect the change. CBP is working with the New York State Department of Transportation and CBSA to identify the permanent barrier and signage necessary to prevent entry and re-route traffic to nearby ports of entry. CBP expects that any impact on the environment and any costs incurred to mitigate impact on the environment will be minimal. If necessary, CBP will conduct minor environmental studies in the course of facility demolition and decommissioning. IV. Congressional Notification On May 31, 2011, the Commissioner of CBP notified Congress of CBP's intention to close the border crossing at Jamieson Line, 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). V. Regulatory Requirements A. 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. B. Executive Orders 13563 and 12866 Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this regulation. Nevertheless, CBP provided its assessment of the benefits and costs of this regulatory action in an NPRM (see 77 FR 58782). CBP adopts the NPRM's economic analysis for this final rule without any changes, as summarized below. DHS has determined that the Jamieson Line crossing requires significant renovation and expansion, requiring an estimated $6.5 million to build facilities that meet all current CBP safety and security standards. Since this construction is the only alternative to closing the crossing, CBP would need to spend $7,087,000 the first year (construction plus staffing and operating costs) and $587,000 in staffing and operating expenses each subsequent year if the crossing were to remain open. The costs of closing the Jamieson Line crossing fall into three categories—the cost to CBP to physically close the crossing, the cost to travelers to drive to the next nearest crossing, and the cost to the economy of lost revenue resulting from potential decreased Canadian travel. CBP estimates that it will cost approximately $205,000 to physically close the crossing, which involves building road barricades, stabilizing the building, and fencing. With the closure of Jamieson Line crossing, travelers will incur an estimated $46,670 in time costs and $50,000 in vehicle costs annually to travel to an alternative crossing. We believe that the total impacts on the economy due to decreased travel to the United States are negligible. Thus, total quantifiable costs to close the crossing are $301,670 in the first year and $96,670 each following year. Accounting for the overall costs and benefits of closing the Jamieson Line crossing, the net benefit of closing the crossing is $6,785,330 the first year and $490,330 each year thereafter, for an annualized net benefit of approximately $1.3 million over the next ten years using a seven percent discount rate. C. Regulatory Flexibility Act This section examines the impact of the 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). Individuals are not defined as small entities under the Regulatory Flexibility Act. Because CBP does not collect data on the number of small businesses that use the border crossing of Jamieson Line, we cannot estimate how many will be affected by this rule. However, an average of fewer than six vehicles cross into the United States at the Jamieson Line border crossing each day and DHS does not believe that this impact rises to the level of a significant economic impact. In addition, such impacts to small businesses are an indirect effect of this rule, but are discussed previously in this preamble. DHS thus certifies that this rule will not have a significant economic impact on a substantial number of small entities. D. 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. E. 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. List of Subjects 8 CFR Part 100 Organization and functions (Government agencies). 19 CFR Part 101 Customs duties and inspection, Customs ports of entry, Exports, Imports, Organization and functions (Government agencies). Amendments to DHS Regulations For the reasons set forth above, DHS amends part 100 of title 8 of the Code of Federal Regulations and part 101 of title 19 of the Code of Federal Regulations as set forth below. Title 8—Aliens and Nationality CHAPTER I—DEPARTMENT OF HOMELAND SECURITY PART 100—STATEMENT OF ORGANIZATION 1. The authority citation for part 100 continues 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. § 100.4 [Amended] 2. The list of ports in § 100.4(a) is amended by removing “Jamison's Line, NY” from the list of Class B ports of entry under District No. 7—Buffalo, New York. Title 19—Customs Duties CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY PART 101—GENERAL PROVISIONS 3. The general authority citation for part 101 and the specific authority citation for § 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. Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b. § 101.4 [Amended] 4. The list of ports in § 101.4(c) is amended by removing, under the state of New York, the entry “Jamieson's Line” from the “Customs station” column and removing the corresponding entry “Trout River” from the “Supervisory port of entry” column. Dated: July 17, 2014. Jeh Charles Johnson, Secretary of Homeland Security. [FR Doc. 2014-17190 Filed 7-21-14; 8:45 am]
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Traces to 13 documents
CFR
U.S. Code
- Appropriations authorization§ 2075
- Allocation of resources by the Secretary§ 217
- Initial regulatory flexibility analysis§ 603
- Powers and duties of the Secretary, the Under Secretary, and the Attorney General§ 1103
- Travel control of citizens and aliens§ 1185
- Departmental regulations§ 301
- Rearrangement and limitation of districts; changing locations§ 2
- Organization of customs service§ 1
5 references not yet in our index
- 8 CFR 100
- 19 CFR 101
- 8 CFR 100.4(a)
- Pub. L. 108-458
- 8 CFR 2
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