76346 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations

this increase. The Committee not only Any questions about the compliance § 985.231 Salable quantities and allotment considered leaving the salable quantity guide should be sent to Laurel May at percentages—2012–2013 marketing year. and allotment percentage unchanged, the previously mentioned address in the * * * * * but also considered other potential FOR FURTHER INFORMATION CONTACT (a) Class 1 (Scotch) oil—a salable levels of increase. The Committee section. quantity of 2,622,115 pounds and an reached its recommendation to increase This rule invites comments on a allotment percentage of 128 percent. the salable quantity and allotment change to the salable quantity and (b) Class 3 (Native) oil—a salable percentage for both Scotch and Native allotment percentage for both Scotch quantity of 1,348,270 pounds and an spearmint oil after careful consideration and Native spearmint oil for the 2012– allotment percentage of 58 percent. of all available information and input 2013 marketing year. Any comments Dated: December 20, 2012. from all interested industry participants, received will be considered prior to David R. Shipman, and believes that the levels finalization of this rule. recommended will achieve the Administrator, Agricultural Marketing After consideration of all relevant Service. objectives sought. Without the increase, material presented, including the the Committee believes the industry [FR Doc. 2012–31102 Filed 12–27–12; 8:45 am] Committee’s recommendation, and BILLING CODE 3410–02–P would not be able to satisfactorily meet other information, it is found that this market demand. interim rule, as hereinafter set forth, In accordance with the Paperwork will tend to effectuate the declared Reduction Act of 1995, (44 U.S.C. DEPARTMENT OF HOMELAND Chapter 35), the order’s information policy of the Act. SECURITY collection requirements have been Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause previously approved by the Office of 8 CFR Part 100 Management and Budget (OMB) and that it is impracticable, unnecessary, and contrary to the public interest to assigned OMB No. 0581–0178, U.S. Customs and Border Protection Vegetable and Specialty Crop Marketing give preliminary notice prior to putting this rule into effect and that good cause Orders. No changes in those 19 CFR Part 101 requirements as a result of this action exists for not postponing the effective are necessary. Should any changes date of this rule until 30 days after publication in the Federal Register [Docket No. USCBP–2011–0032; CBP Dec. become necessary, they would be No. 12–23] submitted to OMB for approval. because: (1) This rule increases the This rule will not impose any quantity of Scotch and Native spearmint RIN 1651–AA90 additional reporting or recordkeeping oil that may be marketed during the requirements on either small or large marketing year, which ends on May 31, Opening of Boquillas Border Crossing spearmint oil handlers. As with all 2013; (2) the current quantity of Scotch and Update to the Class B Port of Federal marketing order programs, and Native spearmint oil may be Entry Description reports and forms are periodically inadequate to meet demand for the reviewed to reduce information 2012–2013 marketing year, thus making AGENCY: U.S. Customs and Border requirements and duplication by the additional oil available as soon as is Protection, DHS. industry and public sector agencies. practicable will be beneficial to both ACTION: Final rule. AMS is committed to complying with handlers and producers; (3) the the E-Government Act, to promote the Committee recommended these changes SUMMARY: This rule establishes a border use of the Internet and other at a public meeting and interested crossing in Big Bend National Park information technologies to provide parties had an opportunity to provide called Boquillas and designates it as a increased opportunities for citizen input; and (4) this rule provides a 60- Customs station for customs purposes access to Government information and day comment period and any comments and a Class B port of entry (POE) for services, and for other purposes. received will be considered prior to immigration purposes. The Boquillas In addition, USDA has not identified finalization of this rule. crossing will be situated between any relevant Federal rules that Presidio and Del Rio, Texas. U.S. List of Subjects in 7 CFR Part 985 duplicate, overlap or conflict with this Customs and Border Protection (CBP) rule. Marketing agreements, Oils and fats, and the National Park Service (NPS) are Further, the Committee’s meeting was Reporting and recordkeeping partnering on the construction of a joint widely publicized throughout the requirements, Spearmint oil. use facility in Big Bend National Park spearmint oil industry and all interested For the reasons set forth in the where the border crossing will operate. persons were invited to attend the preamble, 7 CFR part 985 is amended as This rule also updates the description meeting and participate in Committee follows: of a Class B port of entry to reflect deliberations. Like all Committee current border crossing documentation meetings, the October 17, 2012, meeting PART 985—MARKETING ORDER requirements. was a public meeting and all entities, REGULATING THE HANDLING OF DATES: Effective Date: January 28, 2013. both large and small, were able to SPEARMINT OIL PRODUCED IN THE express their views on this issue. FAR WEST FOR FURTHER INFORMATION CONTACT: Finally, interested persons are invited to Colleen Manaher, Director, Land Border submit information on the regulatory ■ 1. The authority citation for 7 CFR Integration, CBP Office of Field and informational impacts of this action part 985 continues to read as follows: Operations, telephone 202–344–3003. SUPPLEMENTARY INFORMATION: This rule on small businesses. Authority: 7 U.S.C. 601–674. A small business guide on complying establishes a border crossing in Big with fruit, vegetable, and specialty crop ■ 2. In § 985.231, paragraphs (a) and (b) Bend National Park called Boquillas and marketing agreements and orders may are revised to read as follows: designates it as a Customs station for be viewed at: www.ams.usda.gov/ Note: This section will not appear in the customs purposes and a Class B port of MarketingOrdersSmallBusinessGuide. annual Code of Federal Regulations. entry for immigration purposes.

VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76347

Executive Summary providing a way for legitimate travelers in this document as a border crossing; In 2010, the Presidents of the United to identify themselves to CBP and this final rule does likewise. For States and Mexico issued a joint comply with U.S. regulations. additional background information, statement supporting the designation of Therefore, this final rule establishes the please see the preamble to the NPRM. Boquillas border crossing in Big Bend a region of protected areas on both sides Traveler Processing at the Boquillas National Park and revises the of the Rio Grande, including Big Bend Border Crossing National Park, as a region of binational description of a Class B port of entry. This final rule addresses the relevant As described in the NPRM, the interest. In support of this, CBP began Boquillas border crossing will service working with the National Park Service comments CBP received regarding the proposed crossing. only pedestrians visiting Big Bend to establish a border crossing to allow National Park and Mexican Protected authorized travel between the areas in Background Areas—not import business. Therefore, the United States and Mexico. On On May 19, 2010, President Obama CBP will not process cargo, commercial October 28, 2011, CBP published a and President Caldero´n of Mexico entries, or vehicles at Boquillas. Persons Notice of Proposed Rulemaking (NPRM) issued a joint statement recognizing that using the Boquillas border crossing will in the Federal Register (76 FR 66862), the Big Bend National Park and Rio only be permitted to bring limited which solicited public comment. The Grande Wild and Scenic River in the merchandise into the United States; CBP NPRM proposed to establish a Class B United States, along with the Protected will only process items exempt from port of entry/Customs station in Big Areas of Maderas del Carmen, Can˜ on de duties and taxes under 19 CFR 10.151. Bend National Park called Boquillas. Santa Elena, Ocampo, and Rı´o Bravo del This provision generally covers Boquillas was proposed to be a Class B Norte in Mexico together comprise one importations that do not exceed $200 in port of entry for immigration purposes of the largest and most significant value.1 All such items must comply under 8 CFR 100.4 and a Customs ecological systems in North America. with all applicable regulations, station for customs purposes in 19 CFR The Presidents expressed their support including all relevant Animal and Plant 101.4. In the NPRM and in this final for the designation of the region as a Health Inspection Service restrictions. rule, the Class B port of entry/Customs natural area of binational interest, and Persons using the Boquillas crossing station is referred to as a border encouraged an increased level of must also comply with Federal wildlife crossing. The NPRM also proposed to cooperation between the two countries. protection laws and U.S. Fish and update the description of a Class B port Based on this joint Presidential Wildlife Service wildlife import/export of entry in 8 CFR 101.4 to reflect current statement, the Commissioner of CBP regulations. border crossing document requirements. announced plans to establish a border The Public Comment Period The Boquillas border crossing will crossing in Big Bend National Park. service only pedestrians visiting Big NPS, within the U.S. Department of The NPRM provided a 60-day public Bend National Park and Mexican the Interior, has been working with CBP comment period, which closed on Protected Areas; CBP will not process on the border crossing. Efforts to December 27, 2011. CBP received 47 cargo, commercial entries, or vehicles at establish this new border crossing were comments in response to the proposed Boquillas. set in motion by discussions between rule. Thirty-six of these submissions CBP received 47 comments in the White House, the U.S. Department were in support of the proposal, and response to the NPRM, 36 of which of Interior, and the U.S. Department of included submissions from many favored the opening of the border Homeland Security. NPS planned to individuals who live in the vicinity of crossing. Although some commenters construct a facility that could be used by Big Bend National Park as well as a were opposed to the opening of a new NPS as a visitor center and would submission from an environmental crossing in this area of the southwest accommodate the infrastructure conservation association on behalf of border, saying that it will decrease the necessary to operate a border crossing. over 300,000 members. Eleven of the security of the border, other commenters submissions were opposed to the thought that the Boquillas crossing Notice of Proposed Rulemaking proposal, and also included would increase security in the region On October 28, 2011, CBP published submissions from individuals familiar and facilitate legitimate travel. Many a notice of proposed rulemaking with the park, including a former commenters were of the view that the (NPRM) in the Federal Register (76 FR superintendent of Big Bend National Boquillas border crossing would benefit 66862) proposing to establish a border Park. The following section groups the the region, including Big Bend National crossing in Big Bend National Park relevant comments, along with CBP’s Park and its visitors, as well as the where U.S. citizens and certain aliens responses, by issue. inhabitants of the village of Boquillas. would be able to cross into the United Discussion of Comments CBP did not receive any comments States. Before 2002, a border crossing, regarding the proposed revised Class B called Boquillas, was open in the A. General Security port of entry description. national park. The NPRM stated that the Comments After review of the comments, CBP new border crossing would be located at has concluded that the establishment of the site of the historic crossing and Several commenters are opposed to the Boquillas border crossing is would also be called the Boquillas the opening of a new crossing in this consistent with the designation of the border crossing. The NPRM proposed to area of the southwest border, saying that area as a region of binational interest designate the Boquillas border crossing it will decrease the security of the and that the Boquillas border crossing is as a Class B port of entry and a Customs border. One commenter, who was the needed to fill the long stretch of border station under the supervisory port of superintendent of Big Bend National between Presidio and Del Rio where entry of Presidio, Texas. Presidio, Texas Park from 1994 to 1999 and was familiar there is currently no authorized is a Customs port of entry listed in international border crossing. CBP has section 101.3 of the CBP regulations (19 1 Under 19 CFR 10.151, importations that do not exceed $200 in value are generally exempt from also concluded that the addition of a CFR 101.3). For ease of reference, the duty and taxes. Such merchandise shall be entered legal crossing facility at the site will NPRM referred to the proposed under the informal entry procedures. See 19 CFR enhance security in the area by Boquillas port of entry/Customs station 128.24(d).

VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 srobinson on DSK4SPTVN1PROD with 76348 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations

with the crossing when it was open, Border Patrol agents are assigned to the crossing that is not staffed will provide said that, while the crossing served its park; NPS enforcement rangers patrol free access to anyone seeking to enter purpose, illegal activity also took place. the park; Border Patrol checkpoints are the country and will cause an increase The commenter is concerned that due to staffed 24 hours per day, 7 days a week, in the number of illegal entries into the the increase in illegal activity along the on all public roads leading from the country. One commenter stated that southern border in recent years, drug park; and Border Patrol agents patrol the scanning documents is insufficient to cartels will view the crossing as a ‘‘back- areas around the checkpoints and keep terrorists, criminals, drugs, or door’’ to the United States. Another highways leading from the area. The other contraband out of the country. commenter stated that illegal audio and video surveillance at the new On the other hand, a few commenters immigration and smuggling of border crossing will further enhance noted that CBP has used remote contraband is at an all-time high in the security at this locale. technology to successfully secure Border Patrol’s Big Bend Sector. Finally, Regarding the statement that illegal portions of the U.S.-Canada border. one commenter stated that the new activity is at an all-time high, the Some commenters noted that those border crossing will present a risk to commenter does not reference specific using the Boquillas border crossing will park visitors and NPS rangers. data, and CBP data does not support this be required to present certain border However, many commenters who statement. According to CBP data, the crossing documents and that state of the support opening the border crossing are number of apprehensions in the Big art technology will be used to verify the of the view that the border crossing will Bend Sector was the highest in the year identities of travelers. maintain the security of the border 2000. Since 2001, CBP has increased the CBP Response while providing a legal access point number of Border Patrol agents in the between the United States and Mexico. area, and there has been a decrease in CBP believes that the technology Many commenters believe that due to the number of apprehensions for illegal solution to be used at the Boquillas the remoteness of the area, the Big Bend activity in the area every year since border crossing will provide adequate region does not have the same security then. security. All travelers seeking admission risks as other parts of the southern at the Boquillas border crossing will be border. Several commenters believe that B. Opportunity for Travel required to be admissible to the United the re-opening of the border crossing Comments States and be in possession of a travel with new security measures is likely to document that complies with the One commenter is opposed to increase security in the park, as those Western Hemisphere Travel Initiative participating in illegal activity along the providing more opportunities for (WHTI). The WHTI document border are unlikely to attempt to enter travelers from Mexico to enter the requirements were implemented to the United States at a monitored border United States, and for this reason, enhance security efforts at the borders crossing. These commenters believe that objects to the opening of the crossing. and to facilitate the movement of those seeking to cross illegally are more Other commenters supporting the legitimate travel within the Western likely to use any point along the many opening of the Boquillas border crossing Hemisphere.2 Since the full miles of unmonitored border. stated that the border crossing will only implementation of WHTI in June 2009, benefit law-abiding nationals of Mexico CBP has the ability to validate, in real CBP Response and the United States. time, a traveler’s documents to CBP disagrees that opening the CBP Response determine the traveler’s true identity Boquillas border crossing will decrease and citizenship. The Boquillas border security in the area. The proposal to The Boquillas border crossing does crossing will provide a way for open the Boquillas border crossing was not provide any greater opportunity to legitimate travelers to identify made after extensive CBP analysis and enter the United States than any other themselves to CBP and access this area. consultation with our Mexican current Port of Entry. Most of the As explained in the preamble of the counterparts. CBP firmly believes that travelers who would use the Boquillas NPRM, CBP intends to use a the addition of a legal crossing facility border crossing would be U.S. tourists combination of staffing and technology at the site will enhance security in the that visit the Park within the United solutions to operate the border crossing. area by providing a way for legitimate States, go over to Mexico to visit, and Remote technology will assist CBP in travelers to identify themselves to CBP then return to the United States. All maintaining security and verifying the and comply with U.S. regulations. CBP Mexican nationals seeking admission to identity of those entering the United concurs with commenters who believe the United States at the Boquillas border States, while also ensuring that they that the border crossing will support crossing will be required to meet all possess proper documentation to do so. security efforts in Big Bend National admissibility and document Kiosks electronically connected to the Park in that the enhanced security focus requirements and comply with all El Paso port of entry will enable CBP at the border crossing will discourage relevant U.S. laws and regulations. officers in El Paso to remotely process illegal activity in the vicinity of the CBP supports facilitating legitimate travelers at the Boquillas border Boquillas border crossing. travel between the United States and crossing.3 CBP officers in El Paso will be Security concerns are of the utmost Mexico. CBP agrees that the border in contact with Border Patrol agents importance, and CBP will take all crossing will only benefit law-abiding within the park, who will respond when appropriate security measures at the travelers, including nationals of Mexico, a physical inspection is required. CBP Boquillas border crossing and carrying proper documentation. officers will assist onsite as operational surrounding areas. CBP continues to C. Use of Remote Technology needs dictate. CBP will process and take steps to increase security in the Comments area, as we have done all along our 2 For more information on WHTI, see the WHTI borders. CBP already has a strong Several commenters are concerned Land and Sea Final Rule, 73 FR 18384. security presence in place in the Border that the use of remote technology does 3 Although Boquillas would be under the supervision of the Presidio port of entry, the kiosks Patrol’s Big Bend Sector, and there are not provide adequate security at the would be connected to the El Paso port of entry, many layers of border security in place border. Some of these commenters because El Paso has the appropriate facilities for to secure the Big Bend region. CBP expressed concern that opening a remote processing.

VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76349

clear all persons who use the Boquillas suggested that it is inappropriate to than 100 miles from the village of border crossing to enter the United open a border crossing utilizing remote Boquillas, Mexico. One commenter States. CBP will install a 24-hour technology in an area that has seen stated that travel to the closest border surveillance camera at the Boquillas increased Border Patrol presence over crossing from the Mexican side required crossing to monitor activity. The the past five years. hours of travel on substandard roads, cameras will be monitored 24 hours a A few commenters writing in support and, as a result, families have become day at CBP’s Combined Area Security of the new border crossing noted that disconnected and the local Texas Center and at the Alpine Border Patrol there is a good working relationship economy has been negatively affected. Station. CBP Border Patrol agents or between CBP and NPS, and that Border Another commenter stated that someone NPS enforcement rangers stationed in Patrol agents stationed in the park work making a living selling inexpensive the area will be available to take any together with the NPS Enforcement crafts, as many of the residents of the necessary law enforcement measures. Rangers for the security of the park. village of Boquillas do, cannot afford to The 24/7 surveillance at the Boquillas These commenters are of the view that make a nearly 300 mile roundtrip crossing will further enhance security at re-opening the border crossing would journey to the nearest legal border this locale. Additionally, the Boquillas facilitate communication between crossing. POE will only be open during daylight Mexican residents and law enforcement CBP Response hours. While open, the Boquillas facility and U.S. law enforcement, which will will also serve as a Park Service visitor’s increase security in the region. The closest legal border crossing west center and will be staffed by the Park of the site of the Boquillas border CBP Response Service. crossing is Presidio, Texas. Presidio is In addition, there are already many As mentioned above, CBP does not more than 150 miles from the Boquillas layers of border security in place to believe the Boquillas border crossing site by river and more than 120 miles by secure the Big Bend region: the CBP will cause an increase in the number of road on the U.S. side. On the Mexican Border Patrol agents assigned to the Big illegal entries into the United States. side, the town of Boquillas is very Bend National Park Substation; the NPS The security in place in Big Bend isolated. By road, a traveler would have Enforcement Rangers who patrol the National Park is already strong, and to travel hundreds of miles south to the park; Border Patrol checkpoints staffed includes CBP Border Patrol agents and interior of Mexico to connect to a 24/7 on all public roads leading from NPS enforcement rangers who patrol the highway that would bring the traveler Big Bend National Park; and Border park and are familiar with the terrain. back northwest to Presidio, Texas. To Patrol agents from the Alpine station To further combat the threat of illegal the east of the Boquillas border crossing who patrol the areas around the immigration and smuggling of site, the closest legal border crossing is checkpoints and highways leading away contraband, CBP, in collaboration with Del Rio, Texas. Del Rio is more than 250 from the area. The 24/7 surveillance at NPS, is in the process of constructing miles from the Boquillas site by river the Boquillas border crossing will new residences in Big Bend National and more than 260 miles by road on the further enhance security in this locale. Park so that CBP may assign Border U.S. side. On the Mexican side, by road, Also, it is important to emphasize that Patrol agents to permanently work and a traveler would have to travel hundreds the Boquillas border crossing is live in the park. Upon completion and of miles from the town of Boquillas intended for pedestrian use only, as staffing of these homes, Border Patrol south into the interior of Mexico to there are no roads or bridges that cross will have the largest contingent of connect to a highway that would bring the international line at this location. agents ever assigned to Big Bend the traveler back northeast to Del Rio, Security concerns related to vehicles National Park. Texas. Thus, CBP believes the Boquillas entering the United States will not CBP does not agree with the comment border crossing is needed to fill the long apply at the Boquillas border crossing. that the opening of a border crossing in stretch of border between Presidio and CBP agrees fully with those an area where there has been an Del Rio where there is currently no commenters who noted the successful increased CBP presence is authorized international border use of remote technology along the U.S.- inappropriate. To the contrary, CBP is of crossing. Canada border. CBP uses remote the view that the increased CBP Border F. Effect on the National Park and the technology at several northern border Patrol presence has enhanced the Village of Boquillas crossings. This technology has been security of the area. very effective in verifying the identity CBP agrees that there is a good Comments and citizenship of travelers and securing working relationship between Border A few commenters are opposed to the border. Patrol agents and NPS enforcement opening a border crossing in a national rangers in the park. CBP also agrees that D. Border Patrol and NPS Rangers park. One commenter said that there is facilitating communication between and little in the village of Boquillas to attract Comments with law enforcement personnel park visitors and little in Big Bend Several commenters believe that NPS enhances security in the area. National Park to attract the residents of rangers are not equipped to pursue E. Proximity to Other Border Crossings Boquillas, Mexico. Several commenters those who might use an unmanned suggested that increasing commerce to a border crossing to enter the United Comments small Mexican village is an insufficient States illegally once they are in the One commenter objects to the opening reason to open a new border crossing. country. These commenters noted that of an unstaffed crossing, because there However, many other commenters are the terrain in the area is rugged, is a staffed crossing in Presidio, Texas, of the view the Boquillas border provides cover, and is difficult to patrol. which the commenter stated is not far crossing will benefit Big Bend National Other commenters are concerned that away. Park and its visitors, as well as the Border Patrol agents will not be able to Conversely, comments submitted in inhabitants of the village of Boquillas. apprehend those who might use the support of the border crossing noted Some commenters noted that the border crossing to enter the United that after the crossing was closed, the resources that make Big Bend National States illegally. Finally, one commenter closest legal border crossing was more Park worthy of protection are not

VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 srobinson on DSK4SPTVN1PROD with 76350 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations

confined solely within the bounds of the now be crossing illegally merely to buy required to meet the same training and National Park, but include surrounding provisions to take home or those who safety standards as the current river parks and protected areas in both the may have purchased a handicraft made outfitters. Additionally, NPS requires United States and Mexico. They are of by the residents of Boquillas, Mexico. that all travelers with their own boats the view that the legal crossing will register at park headquarters prior to CBP Response allow conservationists to collaborate floating the river. across the Rio Grande, permitting CBP believes that the Boquillas border greater protection efforts for plants and crossing will benefit both sides of the H. Maintenance of the Facility wildlife. One commenter stated that border, not only the village of Boquillas. Comment closing the crossing in 2002 had an According to the U.S. Department of the adverse impact on the ability to protect Interior, the opening of the Boquillas One commenter is concerned that natural resources, because the long border crossing will allow for the there is insufficient maintenance staff in distances to the closest legal border development of a model of binational the park to maintain this new structure crossing have complicated cross-border cooperation for the conservation and along with the many other existing cooperation on issues ranging from enjoyment of shared ecosystems for structures in the park. firefighting to removal of invasive current and future generations. With species. more than 268 river miles and 3 million CBP Response Some commenters noted that the acres of contiguous parks and protected NPS does not anticipate any issues history and culture of the United States area on both sides of the border, the with maintenance of the facility. The and Mexico are deeply intertwined in border crossing should facilitate opening of the Boquillas border crossing this area, and, to fully appreciate this, research and conservation along the Rio requires the construction of a small a visitor to the park needs to be able to Grande within Big Bend National Park facility and the installation of hardware interact with those on the other side of and the Mexican Protected Areas. that meets the technical specifications the border. Many commenters who are NPS anticipates an increase in visitors for land border crossings. NPS is familiar with the Boquillas border to Big Bend National Park due to the constructing a facility large enough to crossing before it was closed in 2002 new border crossing. NPS also house both a small visitor center and the anticipate that the new border crossing anticipates that visitors are likely to CBP inspection stations. The small will open up many opportunities for increase the length of their stays in the facility is designed to be both energy residents and travelers in the area. For Big Bend region in order to take efficient and low maintenance and will example, one commenter supports advantage of the crossing. New visitors have minimal impact on park reuniting the protected areas on either and visitors staying longer will have a maintenance operations. side of the Rio Grande for such purposes positive impact on the local economy on as observing nature and photography. the U.S. side. Additionally, there are I. Opportunity for Comment Another enjoyed crossing into Mexico also a number of river outfitters on the Comment prior to the closing of the historic U.S. side who can benefit from the new crossing to paint landscapes. Other border crossing by expanding their One commenter is of the view that the commenters enjoyed visiting the village services and businesses to include trips opportunity CBP provided for public of Boquillas for the cross-cultural not only down the Rio Grande but also comment was too late, as the project experience. A few commenters also into Mexico. With the opening of the was already underway. The commenter noted that when the crossing was Boquillas border crossing, river also stated that the project is already previously open, residents of the village outfitters will be able to lead tours into behind schedule and over budget. of Boquillas used the crossing to trade Mexico and report back to CBP within goods, buy food, and visit relatives. One the park. CBP Response commenter estimated that 40 percent of the Rio Grande Village store’s revenue, G. Lack of a Bridge Even though there had been discussions about establishing a border which lies within Big Bend National Comment Park, came from the residents of crossing in Big Bend National Park after Boquillas, Mexico, who crossed the One commenter is concerned that President Obama and President river to buy staples unavailable in their there will not be a bridge or other Caldero´n issued their joint statement in village. infrastructure crossing the Rio Grande at 2010, CBP had not made a final A few commenters suggested that this site. The commenter stated that determination to proceed with the allowing for more legal, viable sources when the border crossing was open project until an environmental of revenue for the residents of Boquillas, previously, those crossing the Rio assessment was completed and public who once depended heavily on tourism Grande did so in leaky rowboats, which comment was sought and reviewed. CBP and trade of handicrafts, will increase presented a potential hazard to has carefully considered all the security in the region around the individuals as well as potential liability comments received before reaching any Boquillas border crossing. One to the park and the federal government. conclusions about whether to open the commenter stated that the border border crossing. NPS has not indicated CBP Response crossing will allow the re-establishment any issues with funding the of commercial and cultural ties, According to NPS, numerous river construction of the facility. providing opportunities for people outfitters and travelers with their own across the border who currently have no boats, such as kayaks or canoes, already J. Cost of Project stake in the security of the border, and float the Rio Grande within Big Bend Comment creating an incentive to keep the National Park each year. All river crossing legal and open. Additionally, a outfitters coming into the park are One commenter is concerned about few commenters believe that with a required to meet safety standards and the cost of the project. The commenter legal border crossing, Border Patrol training standards for employees. All believes federal spending should be agents will no longer need to spend time commercial boat operations at the reduced, and is concerned that this and resources pursuing those who may Boquillas border crossing will be project will increase the U.S. debt level.

VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations 76351

CBP Response entirely by NPS and is expected to cost entry to make the admissibility 4 The costs and benefits of this rule are $2.1 million, which accounts for documents allowed at a Class B port of discussed in the section entitled, special construction needed to address entry consistent with WHTI. The costs ‘‘Executive Order 12866 (Regulatory the remoteness of the facility. CBP will and benefits of obtaining WHTI- Planning and Review) and 13563 be responsible for procuring and compliant documents were included in 9 (Improving Regulations and Regulatory installing all equipment needed for its the final rule establishing WHTI. This Review)’’ and elsewhere in this operation, which includes inspection final rule will not result in any document. CBP is of the view that the kiosks, surveillance equipment, and an additional costs or benefits. societal benefits of this rule outweigh agricultural waste disposal system. This Regulatory Flexibility Act the costs. equipment will cost $1,577,000 the first year, which includes installation, This section examines the impact of Revision of Class B Port of Entry hardware, connectivity, and security.5 the final rule on small entities as Description We estimate that the facility will cost required by the Regulatory Flexibility In the NPRM, CBP also proposed to $200,000 each year for operation and Act (5 U.S.C. 603), as amended by the update the description of a Class B port maintenance; an estimated $195,000 Small Business Regulatory Enforcement of entry to reflect current border will be incurred by CBP and $5,000 by and Fairness Act of 1996. A small entity crossing document requirements. The NPS.6 NPS will also staff the facility may be a small business (defined as any Boquillas border crossing would fit with a combination of paid seasonal and independently owned and operated within the proposed new description of volunteer personnel. NPS estimates that business not dominant in its field that a Class B port of entry. CBP received no 0.5 paid Full-Time Equivalents (FTEs) qualifies as a small business per the comments regarding the proposed will be needed to staff the new facility Small Business Act); a small not-for- revision to the Class B port of entry at a cost of approximately $17,800 per profit organization; or a small description. For a full explanation of the year.7 The total cost of opening the governmental jurisdiction (locality with Class B description amendment, please Boquillas border crossing is estimated to fewer than 50,000 people). This final rule does not directly see the section entitled ‘‘Proposed be $3.7 million in the first year and impact small entities, because Revision of Class B Port of Entry $217,800 in subsequent years, all of individuals will be affected by the final Description’’ in the NPRM. which will be incurred by the U.S. rule and individuals are not considered Adoption of Proposal government. NPS anticipates that 15,000 to 20,000 small entities. In the NPRM, we stated In view of the foregoing, and after people will use the Boquillas border that we did not believe the rule would have a significant economic impact on consideration of the comments received, crossing in the first year.8 Most of this a substantial number of small entities CBP has determined to adopt as final, traffic is expected to be U.S. citizens and requested comments regarding that the proposed rule published in the who will benefit from visiting the town assessment. As we did not receive any Federal Register, which establishes the of Boquillas del Carmen on the Mexican comments with information that shows Boquillas border crossing and revises side of the border for food, souvenirs, that the rule will have a significant the description of a Class B port of and a unique cultural experience. The economic impact on a substantial entry. number of border crossers may grow number of small entities, CBP certifies over time as NPS continues to work Authority that this final rule will not have a with the Mexican government to significant economic impact on a These regulations are being amended develop ecotourism and sports and substantial number of small entities. pursuant to 5 U.S.C. 301, 6 U.S.C. 112, recreational opportunities. Because of 203 and 211, 8 U.S.C. 1103, 8 U.S.C. the absence of data on the number of Executive Order 13132 1185 note (section 7209 of Pub. L. 108– future border crossers and their 458), and 19 U.S.C. 1, 58b, 66 and 1624. The final rule will not have willingness to pay for these experiences, substantial direct effects on the States, Executive Orders 12866 (Regulatory we are not able to quantify the benefit on the relationship between the Planning and Review) and 13563 of the availability of these experiences National Government and the States, or (Improving Regulation and Regulatory to the U.S. economy. on the distribution of power and Review) In addition to opening a new border responsibilities among the various This final rule is not an crossing at Boquillas, this final rule will levels of government. Therefore, in ‘‘economically significant’’ rulemaking revise the definition of a Class B port of accordance with section 6 of Executive action under Executive Order 12866, as Order 13132, this final rule does not 4 Source: National Park Service Predesign supplemented by Executive Order Study—Boquillas Crossing Visitor Contact/Border have sufficient federalism implications 13563, because it will not result in the Station. January 2011. to warrant the preparation of a expenditure of more than $100 million 5 Source: CBP Office of Information Technology federalism summary impact statement. in any one year. This final rule, estimate on March 4, 2011. 6 Sources: CBP Office of Information Technology The National Environmental Policy Act however, is a significant regulatory of 1969 action under Executive Order 12866; estimate on March 4, 2011 and National Park Service estimate on March 24, 2011. DHS and CBP, in consultation with therefore, the Office of Management and 7 NPS assumes the facility will be staffed Budget has reviewed this rule. seasonally for approximately half the year with a NPS within the U.S. Department of The opening of the Boquillas border GS–05 step 5 employee ($35,489 annual salary). Interior, have been reviewing the crossing will entail constructing a small Email communication with Big Bend park potential environmental and other management staff on March 24, 2011. Salary impacts of this proposed rule in inspection facility and installing information: http://www.opm.gov/oca/11tables/ hardware that meets the technical html/RUS.asp, accessed March 24, 2011. accordance with the National specifications for land ports of entry. Calculation: 0.5 FTE × $35,489 = $17,745, rounded NPS is constructing a building large to $17,800. This calculation does not include 9 The Regulatory Assessments for the April 2008 benefits, because the facility will be staffed by part- Final Rule for WHTI requirements in the land enough to house both a small visitor time seasonal employees. environment can be found at www.regulations.gov, center and the CBP inspection station. 8 Source: Telephone communication with Big document numbers USCBP–2007–0061–0615 and This construction is being funded Bend park management staff on January 10, 2011. USCBP–2007–0061–0616.

VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 srobinson on DSK4SPTVN1PROD with 76352 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations

Environmental Policy Act (NEPA) of Title 8—Aliens and Nationality corresponding Supervisory port of entry column. 1969 (42 U.S.C. 4321 et seq.), the CHAPTER I—DEPARTMENT OF regulations of the Council on HOMELAND SECURITY Janet Napolitano, Environmental Quality (40 CFR part Secretary. 1500), and DHS Management Directive PART 100—STATEMENT OF [FR Doc. 2012–31328 Filed 12–27–12; 8:45 am] 023–01, Environmental Planning ORGANIZATION Program of April 19, 2006. BILLING CODE 9111–14–P NPS prepared an environmental ■ 1. Revise the authority citation for part assessment (EA) that examines the 100 to read as follows: DEPARTMENT OF HOMELAND effects on the natural and human Authority: 8 U.S.C. 1103; 8 U.S.C. 1185 SECURITY environment associated with the note (section 7209 of Pub. L. 108–458); 8 CFR proposed construction and operation of part 2. 8 CFR Part 208 a visitor station and establishment of a ■ 2. Amend § 100.4(a) as follows: Procedures for Asylum and Class B port of entry on the Rio Grande Withholding of Removal between the United States and Mexico ■ a. Revise the fifth sentence of within Big Bend National Park. The NPS § 100.4(a) to read as set forth below. CFR Correction EA encompasses all components of the ■ b. Under the heading ‘‘District No. In Title 8 of the Code of Federal Boquillas border crossing, including 15—El Paso, Texas,’’ add the Regulations, revised as of January 1, CBP operations of the port of entry. On subheading, ‘‘Class B’’ and add 2012, in § 208.24, on page 167, reinstate June 28, 2011, NPS issued a Finding of ‘‘Boquillas, TX’’ under the new ‘‘Class paragraph (a) introductory text at the No Significant Impact (FONSI) B’’ heading. beginning of the section and on page concluding that the proposed activities 168, reinstate paragraph (b) introductory § 100.4 Field offices. would not result in a significant impact text before paragraph (1) to read as to the human and natural environment. (a) * * * Class B means that the port follows: In accordance with NEPA, CBP has is a designated Port-of-Entry for aliens who at the time of applying for § 208.24 Termination of asylum or carefully reviewed the EA developed by withholding of removal or deportation. NPS and has determined that it admission are exempt from document considers all potential impacts of the requirements by § 212.1(c)(5) of this (a) Termination of asylum by USCIS. project accurately. Therefore, CBP is chapter or who are lawfully in Except as provided in paragraph (e) of adopting the EA developed by NPS and possession of valid Permanent Resident this section, an asylum officer may terminate a grant of asylum made under is issuing a FONSI. These documents Cards, and nonimmigrant aliens who are the jurisdiction of USCIS if, following will be posted on the CBP Web site at citizens of Canada or Bermuda or an interview, the asylum officer www.cbp.gov and in the docket for this nationals of Mexico and who at the time of applying for admission are lawfully determines that: rulemaking at http:// in possession of all valid documents www.regulations.gov. * * * * * required for admission as set forth in (b) Termination of withholding of Signing Authority §§ 212.1(a) and (c) and 235.1(d) and (e) deportation or removal by USCIS. of this chapter and are admissible Except as provided in paragraph (e) of The signing authority for amending without further arrival documentation this section, an asylum officer may title 19 of the Code of Federal or immigration processing. * * * terminate a grant of withholding of Regulations falls under 19 CFR 0.2(a), * * * * * deportation or removal made under the because the establishment of this jurisdiction of USCIS if the asylum Title 19—Customs Duties Customs station is not within the officer determines, following an bounds of those regulations for which CHAPTER I—U.S. CUSTOMS AND interview, that: the Secretary of the Treasury has BORDER PROTECTION, * * * * * retained sole authority. Accordingly, DEPARTMENT OF HOMELAND [FR Doc. 2012–31270 Filed 12–27–12; 8:45 am] this final rule may be signed by the SECURITY; DEPARTMENT OF THE BILLING CODE 1505–01–D Secretary of Homeland Security (or her TREASURY delegate). PART 101—GENERAL PROVISIONS List of Subjects DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 100 ■ 3. The authority citation for part 101, and the sectional authority for §§ 101.3 8 CFR Part 209 Organization and functions and 101.4, continue to read as follows: (Government agencies). Adjustment of Status of Refugees and Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, Aliens Granted Asylum 19 CFR Part 101 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, CFR Correction Customs duties and inspection, 1646a. Section 101.3 and 101.4 also issued Harbors, Organization and functions under 19 U.S.C. 1 and 58b; In Title 8 of the Code of Federal Regulations, revised as of January 1, (Government agencies), Seals and * * * * * insignia, Vessels. 2012, on page 175, in § 209.2, reinstate § 101.4 [Amended] paragraphs (b) through (f) to read as Amendments to the Regulations follows: 4. In § 101.4(c), under the state of For the reasons stated in the Texas, add ‘‘Boquillas’’ in alphabetical § 209.2 Adjustment of status of alien preamble, we amend 8 CFR part 100 and order to the Customs station column granted asylum. 19 CFR part 101 as set forth below. and add ‘‘Presidio.’’ to the * * * * *

VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 srobinson on DSK4SPTVN1PROD with