75631

Rules and Regulations Federal Register Vol. 80, No. 232

Thursday, December 3, 2015

This section of the FEDERAL REGISTER Department of Homeland Security facility, CBP will provide a variety of contains regulatory documents having general where CBP officers or employees are inspection services, including applicability and legal effect, most of which assigned to accept entries of immigration services. are keyed to and codified in the Code of merchandise, clear passengers, collect The CBX facility was designed in Federal Regulations, which is published under duties, and enforce the various accordance with U.S. and international 50 titles pursuant to 44 U.S.C. 1510. provisions of the customs and security standards. It includes an The Code of Federal Regulations is sold by immigration laws, as well as other laws enclosed pedestrian walkway the Superintendent of Documents. Prices of applicable at the border. The term ‘‘port connecting the Tijuana Airport in new books are listed in the first FEDERAL of entry’’ is used in the Code of Federal Mexico to San Diego, California and a REGISTER issue of each week. Regulations (CFR) in title 19 for customs passenger terminal located in San Diego purposes and in title 8 for immigration that will be used exclusively to process purposes. Subject to certain exceptions, ticketed Tijuana Airport passengers DEPARTMENT OF HOMELAND all individuals entering the United traveling to and from the United States SECURITY States must present themselves to an via the walkway. The pedestrian immigration officer for inspection at a walkway will be accessible only for U.S. Customs and Border Protection U.S. port of entry when the port is open ticketed Tijuana Airport passengers. for inspection. See 8 CFR 235.1. Travelers with departing flights from 8 CFR PART 100 Customs and immigration services may the Tijuana Airport will use the CBX facility’s north entrance in the United [CBP Dec. 15–17] also be provided by CBP officers at facilities that are designated as user fee States to cross the international border Technical Amendment to List of Field facilities pursuant to 19 U.S.C. 58b. User into Mexico. To use the facility, these Offices: Expansion of San Ysidro, fee facilities are approved by the travelers must present a valid airline California Port of Entry To Include the Commissioner of CBP to receive, for a ticket for a flight departing from the Cross Border Xpress User Fee Facility fee, the services of CBP officers, Tijuana Airport in the next twenty-four including the processing of travelers hours and purchase a CBX bridge pass. AGENCY: U.S. Customs and Border entering the United States. Airline tickets and CBX passes may be Protection, Department of Homeland purchased the same day at ticket Security. The ports of entry for immigration windows at the north entrance. CBX purposes for aliens arriving by vessel passes may also be purchased online in ACTION: Final rule; technical and land transportation are listed in 8 amendment. advance. After being subject to CFR 100.4(a). These ports are listed inspection by CBP officers, travelers SUMMARY: This document amends the according to location by districts and will use the pedestrian walkway to cross Department of Homeland Security are designated as Class A, B, or C, which the international border. At the Tijuana (DHS) regulations by revising the list of designates which aliens may use the Airport, travelers will be processed by field offices to expand the limits of the port. Class A ports are those designated Mexican immigration and customs San Ysidro, California Class A port of for all aliens. Class B and C ports are authorities. After processing, the entry to include the Cross Border Xpress restricted to certain aliens. If the facility travelers will enter the Tijuana Airport (CBX) user fee facility. Class A ports of processes aliens for immigration for their departing flight. entry are designated ports that process purposes, the facility may be considered Travelers landing at the Tijuana all aliens applying for admission into a port of entry for purposes of title 8 Airport may use the CBX facility to the United States. The CBX facility CFR. In such case, an amendment to 8 apply for admission or entry to the 1 includes a pedestrian walkway CFR 100.4(a) is necessary. United States. These travelers must connecting the Tijuana A.L. Rodriguez The Cross Border Express (CBX) User purchase a CBX pass and use the CBX International Airport (Tijuana Airport) Fee Facility facility within four hours of their flight’s in Mexico to San Diego, California and arrival at the airport to apply for a passenger terminal located in San On March 21, 2014, the Commissioner admission or entry to the United States. Diego that will be used exclusively to of CBP approved a request from Otay- Passes may be purchased online in process Tijuana Airport passengers Tijuana Venture, LLC for CBP to provide advance or at ticket counters at the traveling to and from the United States reimbursable inspection services, Tijuana Airport. Travelers will be via the pedestrian walkway. pursuant to 19 U.S.C. 58b, at a new processed by Mexican immigration and cross-border user fee facility named customs authorities at the Tijuana DATES: This rule is effective on ‘‘Cross Border Xpress’’ or CBX.2 At this December 9, 2015, the date the CBX Airport before entering the CBX facility. facility will open. Travelers will use the CBX pedestrian 1 For customs purposes, CBP regulations list walkway to cross the international FOR FURTHER INFORMATION CONTACT: Tara designated CBP ports of entry and the limits of each border into the United States and then Ross, Office of Field Operations, port in section 101.3(b)(1) of title 19 (19 CFR 101.3(b)(1)). User fee facilities are not considered apply for admission or entry into the [email protected], 202–344–1031. ports of entry for purposes of 19 CFR 101.3(b)(1). United States at the processing terminal SUPPLEMENTARY INFORMATION: Therefore, the designation of a user fee facility does where they will be subject to not require an amendment to this provision. immigration, customs and agriculture I. Background 2 On July 22, 2015, CBP issued a press release announcing the establishment of CBX as a user fee inspection by CBP officers. CBP will Ports of entry are places (seaports, facility pursuant to 19 U.S.C. 58b. It also indicated airports, or land border ports) that CBX would operate as a Class A port of entry. media-release/2015-07-22-000000/cbp-partners- designated by the Secretary of the See: http://www.cbp.gov/newsroom/national- new-cross-border-terminal-cross.

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process only pedestrians at the CBX services at the new CBX facility Significant Impact’’ concluding that the facility. CBP will not process cargo, pursuant to 19 U.S.C. 58b. The CBX facility would not result in a commercial entries, or vehicles. designation of the CBX as a user fee significant impact on the human and facility means that CBP will be Expansion of San Ysidro, California natural environment. On August 10, providing agency personnel at the 2010, DOS published a notice in the Class A Port of Entry To Include the facility, pursuant to the approved CBX User Fee Facility Federal Register (75 FR 48408) request, to process travelers for announcing the issuance of a The port of San Ysidro, California is application for admission or entry into Presidential permit, effective August 3, included within the San Diego district and departure from the United States. 2010, to Otay-Tijuana Venture, LLC for and is listed in 8 CFR 100.4(a) as a Class This rule, which updates the list of the construction, operation, and A port of entry. This rule amends 8 CFR. Class A ports of entry in 8 CFR 100.4(a) maintenance of the CBX facility. 100.4(a) to expand the San Ysidro Class to include the CBX facility within the A port of entry to include the CBX San Ysidro port of entry, simply makes D. Signing Authority facility. the necessary amendments to section 100.4(a) to implement the CBP The signing authority for this II. Statutory and Regulatory Commissioner’s decision to designate document falls under 19 CFR 0.2(a) Requirements the CBX facility as a user fee facility. It because the establishment of this title 8 A. Inapplicability of Public Notice and is a procedural or organizational rule Class A Port of Entry is not within the Delayed Effective Date Requirements that does not have a substantial impact bounds of those regulations for which on the user fee facility or on the public. Under section 553 of the the Secretary of the Treasury has For this reason, CBP finds that this is a Administrative Procedure Act (APA) (5 retained sole authority. Accordingly, rule of agency organization, procedure, U.S.C. 553), rulemaking generally this rule may be signed by the Secretary or practice, which is not subject to requires prior notice and comment, and of Homeland Security (or his delegate). notice and comment rulemaking a 30-day delayed effective date, subject pursuant to § 553(b)(3)(A). List Of Subjects in 8 CFR Part 100 to specified exceptions. Pursuant to 5 U.S.C. 553(a)(2), matters relating to B. The Regulatory Flexibility Act and Organization and functions agency management or personnel are Executive Orders 12866 and 13563 (Government agencies). excepted from the requirements of Because no notice of proposed Amendments to Regulations section 553. rulemaking is required, the provisions This rule expands the San Ysidro of the Regulatory Flexibility Act (5 For the reasons set forth above, part Class A port of entry to include the CBX U.S.C. 601 et seq.) do not apply. This 100 of title 8 of the Code of Federal facility. CBP has already designated the amendment does not meet the criteria Regulations (8 CFR part 100) is CBX facility as a user fee facility for a ‘‘significant regulatory action’’ as amended as set forth below. pursuant to 19 U.S.C. 58b and has specified in Executive Order 12866, as approved the request for CBP officers to supplemented by Executive Order PART 100—STATEMENT OF provide reimbursable inspection 13563. ORGANIZATION services at the CBX facility to Tijuana airport travelers entering and departing C. The National Environmental Policy ■ the United States at the CBX facility. Act of 1969 1. The authority citation for part 100 Otay-Tijuana Venture, LLC, the operator In 2009, the Otay-Tijuana Venture, continues to read as follows: of the facility, will reimburse CBP for LLC applied to the Department of State Authority: 8 U.S.C. 1103; 8 U.S.C. 1185 the expenses CBP incurs, including the (DOS) for a Presidential Permit pursuant note (section 7209 of Pub. L. 108–458); 8 CFR salary and expenses of CBP officers that to Executive Order 11423, as amended, part 2. will provide the CBP services, in which authorizes the Secretary of State accordance with the approved request. to issue Presidential permits for the § 100.4 [Amended] The approved request to provide such construction, connection, operation, and ■ 2. Amend § 100.4 in paragraph (a), services, and the update to the list of the maintenance of facilities at the borders under the heading ‘‘District No. 39-San Class A ports of entry to reflect this of the United States if he or she finds Diego, California’’, subheading, ‘‘Class approved request directly relates to them to be in the national interest. In A’’, add ‘‘(including the Cross Border CBP’s operations and agency support of its application for a Xpress (CBX) facility)’’ after ‘‘San management and personnel. As such, Presidential permit, Otay-Tijuana Ysidro, CA’’. CBP finds that this rule pertains to a Venture, LLC submitted a draft matter relating to agency management or environmental assessment (EA) Dated: November 30, 2015. personnel within 5 U.S.C 553(a)(2) prepared under the guidance and Jeh Charles Johnson, which is excepted from the prior notice supervision of DOS, consistent with the Secretary. and comment and delayed effective date National Environmental Policy Act [FR Doc. 2015–30616 Filed 12–2–15; 8:45 am] requirements of section 553. (NEPA). This EA examined the effects Additionally, as provided in 5 U.S.C. on the natural and human environment BILLING CODE 9111–14–P 553(b)(3)(A), the prior notice and associated with the construction and comment requirements do not apply establishment of the facility. On when agencies promulgate rules December 29, 2009, DOS provided concerning agency organization, public notice of the draft EA in the procedure, or practice. This rule falls Federal Register (74 FR 68906) and within that category. invited public comment for 45 days. As discussed above, on March 21, On July 23, 2010, DOS published a 2014, the CBP Commissioner approved notice in the Federal Register (75 FR the request from Otay-Tijuana Venture, 43225) announcing that it adopted the LLC for CBP to provide inspection EA and issued a ‘‘Finding of No

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