Modification of the Port Limits of Green Bay, WI, 13476-13478 [2013-04620]
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13476
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
missing. If the person so requests, he
will also be notified if the record should
subsequently be located.
(2) FOIA Requester Service Center—If
a requester has questions or comments
about the FOIA process, please call the
FOIA Requester Service Center at (202)
326–2430 to either speak directly to a
FOIA Case Officer or leave a voice
message. A requester may ask the FOIA
Case Officer to speak with the FOIA
Public Liaison if there are concerns
about the quality of the service received
to an initial response, appeal or
otherwise, during the process.
(3) Appeals to the General Counsel
from initial denials. (i) Form and
contents; time of receipt. (A)(1) If an
initial request for expedited treatment is
denied, the requester, at any time before
the initial determination of the
underlying request for records by the
deciding official (as designated by the
General Counsel) (or, if the request for
expedited treatment was filed with any
appeal filed under paragraph
(a)(3)(i)(A)(2) of this section, at any time
before the General Counsel’s
determination on such an appeal), may
appeal the denial of expedited treatment
to the General Counsel.
(2) If an initial request for records is
denied in its entirety, the requester may,
within 30 days of the date of the letter
notifying the requester of that decision,
appeal such denial to the General
Counsel. If an initial request is denied
in part, the time for appeal will not
expire until 30 days after the date of the
final letter notifying the requester that
all records to which access has been
granted have been made available. In
unusual circumstances, the time to
appeal may be extended by the General
Counsel or his or her designee.
(3) [Reserved]
(4) The appeal shall be in writing and
shall clearly refer to the adverse
decision, or portions of the decision,
being appealed; the appeal should
include a copy of the initial request and
a copy of the response to that initial
request, if any. The appeal may be:
mailed to Freedom of Information Act
Appeal, Office of the General Counsel,
Federal Trade Commission, 600
Pennsylvania Avenue NW., Washington,
DC 20580; submitted by facsimile to
(202) 326–3198; or emailed to
FOIAAppeal@ftc.gov.
(B) If the appeal is mailed, failure to
mark the envelope and the appeal in
accordance with paragraph
(a)(3)(i)(A)(4) of this section will result
in the appeal (and any request for
expedited treatment filed with that
appeal) being treated as received on the
actual date of receipt by the Office of
General Counsel.
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(C) Each appeal to the General
Counsel that requests him or her to
exercise his discretion to release exempt
records shall set forth the interest of the
requester in the subject matter and the
purpose for which the records will be
used if the request is granted.
(ii) Time limit for appeal. (A)(1)
Regarding appeals from initial denials of
a request for expedited treatment, the
General Counsel will either grant or
deny the appeal expeditiously;
(2) Regarding appeals from initial
denials of a request for records, the
General Counsel will, within 20
working days of the Office of General
Counsel’s receipt of such an appeal,
either grant or deny it, in whole or in
part, unless expedited treatment has
been granted in accordance with this
section, in which case the appeal will be
processed expeditiously.
(B) The General Counsel may, by
written notice to the requester in
accordance with 5 U.S.C. 552(a)(6)(B),
extend the time limit for deciding an
appeal by not more than 10 working
days pursuant to paragraph (a)(1)(ii)(B)
of this section, provided that the
amount of any extension utilized during
the initial consideration of the request
under that paragraph will be subtracted
from the amount of additional time
otherwise available. Where exceptional
circumstances do not permit the
processing of the appeal within the
extended time limit, the notice and
procedures set forth in paragraph
(a)(1)(ii)(C) of this section shall apply.
(iii) Determination of appeal. (A) The
General Counsel has the authority to
grant or deny all appeals and to release
as an exercise of discretion records
exempt from mandatory disclosure
under 5 U.S.C. 552(b). In unusual or
difficult cases, the General Counsel
may, in his or her sole discretion, refer
an appeal to the Commission for
determination. A denial of an appeal in
whole or in part will set forth the basis
for the denial; will include a reasonable,
good-faith estimate of the volume of any
materials to which access is denied,
unless providing such an estimate
would harm an interest protected by an
exemption in 5 U.S.C. 552(b) that was
cited as a basis for withholding
materials; and will advise the requester
that judicial review of the decision is
available by civil suit in the district in
which the requester resides, or has his
principal place of business, or in which
the agency records are situated, or in the
District of Columbia.
(B) The General Counsel shall be
deemed solely responsible for all
denials of appeals, except where an
appeal is denied by the Commission. In
such instances, the Commission shall be
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deemed solely responsible for the
denial.
*
*
*
*
*
By direction of the Commission, Chairman
Leibowitz not participating.
Donald S. Clark,
Secretary.
[FR Doc. 2013–04479 Filed 2–27–13; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 101
[Docket No. USCBP–2011–0031; CBP Dec.
13–2]
Modification of the Port Limits of
Green Bay, WI
U.S. Customs and Border
Protection; DHS.
ACTION: Final rule.
AGENCY:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations pertaining to CBP’s
field organization by expanding and
revising the geographical limits of the
port of Green Bay, Wisconsin. The port
limits will be revised to refer to
identifiable roadways and waterways
rather than townships and will be
extended to include the entire Austin
Straubel Airport. The change will make
the boundaries more easily identifiable
to the public. The change is part of a
continuing program to more efficiently
utilize CBP’s personnel, facilities, and
resources, and to provide better service
to carriers, importers, and the general
public.
SUMMARY:
Effective Date: April 1, 2013.
Tina
Loos, Operations Specialist, Chicago
Field Office, Office of Field Operations,
by phone at (312) 542–5754 or by email
at Tina.M.Loos@dhs.gov.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
I. Background
In a Notice of Proposed Rulemaking
(NPRM) published in the Federal
Register (76 FR 69688) on November 9,
2011, the Department of Homeland
Security, U.S. Customs and Border
Protection (CBP) proposed to amend the
list of CBP ports of entry at 19 CFR
101.3(b)(1) to extend and revise the
limits of the port of Green Bay,
Wisconsin. CBP proposed to revise the
port limits to refer to identifiable
roadways and waterways rather than
townships and to extend the port limits
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
to include the entire Austin Straubel
Airport.
As explained in the NPRM, the port
limits of Green Bay, Wisconsin
originally consisted of the corporate
limits of Green Bay, Wisconsin, but
were expanded in 1958 to include the
townships of Ashwaubenon, Allouez,
Preble and Howard and the city of De
Pere, all in the State of Wisconsin. See
Treasury Decision (T.D.) 54597,
effective May 27, 1958. CBP has
included a map of the current port
limits in the docket as ‘‘Attachment A:
Green Bay (Current).’’
CBP proposed to amend the port
limits of the port of Green Bay,
Wisconsin because the boundaries of
the listed townships are not easy to
locate, one of the townships identified
in T.D. 54597 (the Preble township) no
longer exists, and due to an error, a
portion of the Austin Straubel Airport is
located outside the current port limits.
CBP determined that this change would
not result in a change in the service that
is provided to the public by the port,
nor would a change in the staffing or
workload at the port be required. A map
of the new port limits is included in the
docket as ‘‘Attachment B: Green Bay
(Proposed).’’
Interested parties were given until
January 9, 2012, to comment on the
proposed changes. No comments were
received in response to the notice.
Accordingly, CBP will adopt the
proposal as set forth in the NPRM.
srobinson on DSK4SPTVN1PROD with RULES
II. Conclusion
CBP is extending and revising the
geographical limits of the port of Green
Bay, Wisconsin. CBP believes that
extending the geographical limits of the
port of Green Bay, Wisconsin to include
the entire Austin Straubel Airport and
by revising the geographical limits to
refer to identifiable roadways and
waterways rather than townships will
enable CBP to more efficiently utilize its
personnel, facilities, and resources, and
to provide better service to carriers,
importers, and the general public.
Therefore, the port of entry description
of Green Bay, Wisconsin, will be revised
as proposed in the NPRM.
III. Port Description of Green Bay,
Wisconsin
The expanded and revised port limits
of the Green Bay, Wisconsin port of
entry, are as follows: Beginning at the
point in the Sensiba State Wildlife Area
where Lineville Rd. meets the shore of
Lake Michigan, proceeding west on
Lineville Rd. to the intersection with
Westline Rd.; then south on Westline
Rd. to the intersection with Glendale
Ave.; then west on Glendale Ave. to the
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19:07 Feb 27, 2013
Jkt 229001
intersection with County Line Rd.
(County Route U); then south on County
Line Rd. to the intersection with
Wisconsin State Route 29/32; then
southeast on Route 29/32 to the
intersection with Riverdale Dr. (County
Route J); then southwest on Riverdale
Dr. to the intersection with Hillcrest Dr.;
then south on Hillcrest Dr. to the
intersection with W Mason St. (State
Route 54); then southwest on W Mason
St. to the intersection with S Pine Tree
Rd.; then south on S Pine Tree Rd. to
the intersection with Orlando Dr.; then
east on Orlando Dr. (which turns into
Grant St.) to the intersection with 3rd
St.; then north on 3rd St. to Main St.
(State Route 32); then east on Main St.
across the Fox River onto George St.;
then east on George St. to the
intersection with S Webster Ave.; then
southwest on S Webster Ave. to Chicago
St. (County Route G); then southeast on
Chicago St. to the intersection with
Monroe Rd. (County Route GV); then
northeast on Monroe Rd. to the
intersection with State Route 172; then
east on State Route 172 to the
intersection with Interstate 43; then
northeast on I–43 to the intersection
with Manitowoc Rd.; then southeast on
Manitowoc Rd. to the intersection with
Eaton Rd. (County Route JJ), then east
on Eaton Rd. to the intersection with S
Vandenberg Rd. (County Route OO/QQ);
then north on S Vandenberg Rd. to the
intersection with Humboldt Rd., then
northwest on Humboldt Rd. to the
intersection with N Northview Rd.; then
north on N Northview Rd. to the
intersection with Luxemburg Rd.; then
west on Luxemburg Rd. to the
intersection with Spartan Rd.; then
north on Spartan Rd. to the intersection
with State Route 54/57; then northeast
and north on Route 57 to the
intersection with Van Lanen Rd.; then
west on Van Lanen to the point where
Van Lanen Rd. meets the shore of Lake
Michigan.
IV. Authority
This change is made under the
authority of 5 U.S.C. 301; 19 U.S.C. 2,
66, and 1624; and section 403 of the
Homeland Security Act of 2002, Public
Law 107–296, 116 Stat. 2178 (Nov. 25,
2002) (6 U.S.C. 203).
V. Regulatory Requirements
A. Executive Order 12866: Regulatory
Planning and Review
This final rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, as
supplemented by Executive Order
13563. The change is intended to revise
the geographical boundaries of the
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13477
Green Bay, Wisconsin, port of entry and
make the boundaries more easily
identifiable to the public. There are no
new costs to the public associated with
the rule, and the rule does not otherwise
implicate the factors set forth in section
3(f) of Executive Order 12866.
Accordingly, this rule has not been
submitted to the Office of Management
and Budget for review.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires federal
agencies to examine the impact a rule
would have on small entities. A small
entity may be a small business (defined
as any independently owned and
operated business not dominant in its
field that qualifies as a small business
per the Small Business Act), a small notfor-profit organization, or a small
governmental jurisdiction (locality with
fewer than 50,000 people). This final
rule does not directly regulate small
entities. The change is part of CBP’s
continuing program to more efficiently
utilize its personnel, facilities, and
resources, and to provide better service
to carriers, importers, and the general
public. To the extent that all entities are
able to more efficiently or conveniently
access the facilities and resources
within the expanded geographical area
of the new port limits, this final rule
should confer benefits to CBP, carriers,
importers, and the general public.
Because this final rule does not directly
regulate small entities, CBP certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities.
C. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
D. Executive Order 13132
The rule will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
VI. Signing Authority
The signing authority for this
document falls under 19 CFR 0.2(a).
Accordingly, this final rule is signed by
the Secretary of Homeland Security.
Lists of Subjects in 19 CFR Part 101
Customs duties and inspection,
Customs ports of entry, Exports,
Imports, Organization and functions
(Government agencies).
PART 101—GENERAL PROVISIONS
1. The general authority citation for
part 101 and the specific authority
citation for section 101.3 continue to
read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1623, 1624,
1646a.
Sections 101.3 and 101.4 also issued under
19 U.S.C. 1 and 58b.
*
§ 101.3
*
*
*
[Amended]
2. The list of ports in § 101.3(b)(1) is
amended by removing from the ‘‘Limits
of Port’’ column for Green Bay,
Wisconsin, the present limits
description ‘‘Including townships of
Ashwaubenon, Allouez, Preble, and
Howard, and city of De Pere, T.D.
54597’’ and adding ‘‘CBP Dec. 13–2’’ in
its place.
■
Dated: February 22, 2013.
Janet Napolitano,
Secretary.
[FR Doc. 2013–04620 Filed 2–27–13; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 571
[BOP–1166–I]
RIN 1120–AB66
Compassionate Release; Technical
Changes
Bureau of Prisons, Justice.
Interim rule.
srobinson on DSK4SPTVN1PROD with RULES
AGENCY:
ACTION:
In this interim rule, the
Bureau of Prisons (Bureau) makes a
minor change to remove an
administrative level of review from the
processing of a Compassionate Release
request packet.
SUMMARY:
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19:07 Feb 27, 2013
Jkt 229001
This rule is effective April 1,
2013.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
353–8248.
In this
interim rule, the Bureau of Prisons
(Bureau) makes a minor change to
remove an administrative level of
review from the processing of a
Compassionate Release request packet.
Previously, under § 571.62, when a
request for compassionate release was
made, the request was first reviewed by
the Warden of the facility where the
inmate making the request is located. If
the Warden, after reviewing the request,
determines that the request warrants
approval, the Warden needed to refer
the matter in writing with
recommendation to the Regional
Director for the region in which the
inmate was located. The Regional
Director then had to conduct another
review and approval before forwarding
the request to the General Counsel’s
office in the Central Office of the Bureau
of Prisons. We now remove the Regional
Director level of review in order to
expedite the process.
Under the Administrative Procedure
Act (5 U.S.C. 553), there are exceptions
to notice-and-comment rulemaking for
‘‘(A) interpretive rules, general
statements of policy, or rules of agency
organization, procedure, or practice; or
(B) when the agency for good cause
finds * * * that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’
Here, this change falls under both (A)
and (B): It is a rule of agency procedure
or practice, as it is an internal level of
administrative review of an inmate
request. Additionally, notice and
comment is unnecessary because those
most likely to comment—inmates—will
find it advantageous to have the
expedited review allowed by this
change. Further, Regional Director
review is unnecessary and repetitive.
All the factors reviewed and considered
in a Compassionate Release request are
reviewed and evaluated anew at the
General Counsel level. The Bureau also
believes adequate and sufficient review
of inmate requests is already served by
Warden, General Counsel and Director
review of each request. For these
reasons, we finalize this change without
previous notice and comment under the
exceptions allowed by the
Administrative Procedure Act.
SUPPLEMENTARY INFORMATION:
Amendments to Regulations
For the reasons set forth above, part
101, CBP Regulations (19 CFR part 101),
is amended as set forth below.
*
DATES:
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Frm 00036
Fmt 4700
Sfmt 4700
Executive Order 12866
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review’’, section 1(b), Principles of
Regulation. The Director, Bureau of
Prisons has determined that this
regulation is not a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), and
accordingly this regulation has not been
reviewed by the Office of Management
and Budget.
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, under
Executive Order 13132, we determine
that this regulation does not have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
under the Regulatory Flexibility Act (5
U.S.C. 605(b)), reviewed this regulation
and certifies that it will not have a
significant economic impact upon a
substantial number of small entities for
the following reasons: This regulation
pertains to the correctional management
of offenders committed to the custody of
the Attorney General and the Director of
the Bureau of Prisons. Its economic
impact is limited to the Bureau’s
appropriated funds.
Unfunded Mandates Reform Act of
1995
This regulation will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This regulation is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This regulation will not result in
an annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreign-
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Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13476-13478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04620]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 101
[Docket No. USCBP-2011-0031; CBP Dec. 13-2]
Modification of the Port Limits of Green Bay, WI
AGENCY: U.S. Customs and Border Protection; DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations pertaining to CBP's field organization by expanding
and revising the geographical limits of the port of Green Bay,
Wisconsin. The port limits will be revised to refer to identifiable
roadways and waterways rather than townships and will be extended to
include the entire Austin Straubel Airport. The change will make the
boundaries more easily identifiable to the public. The change is part
of a continuing program to more efficiently utilize CBP's personnel,
facilities, and resources, and to provide better service to carriers,
importers, and the general public.
DATES: Effective Date: April 1, 2013.
FOR FURTHER INFORMATION CONTACT: Tina Loos, Operations Specialist,
Chicago Field Office, Office of Field Operations, by phone at (312)
542-5754 or by email at Tina.M.Loos@dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a Notice of Proposed Rulemaking (NPRM) published in the Federal
Register (76 FR 69688) on November 9, 2011, the Department of Homeland
Security, U.S. Customs and Border Protection (CBP) proposed to amend
the list of CBP ports of entry at 19 CFR 101.3(b)(1) to extend and
revise the limits of the port of Green Bay, Wisconsin. CBP proposed to
revise the port limits to refer to identifiable roadways and waterways
rather than townships and to extend the port limits
[[Page 13477]]
to include the entire Austin Straubel Airport.
As explained in the NPRM, the port limits of Green Bay, Wisconsin
originally consisted of the corporate limits of Green Bay, Wisconsin,
but were expanded in 1958 to include the townships of Ashwaubenon,
Allouez, Preble and Howard and the city of De Pere, all in the State of
Wisconsin. See Treasury Decision (T.D.) 54597, effective May 27, 1958.
CBP has included a map of the current port limits in the docket as
``Attachment A: Green Bay (Current).''
CBP proposed to amend the port limits of the port of Green Bay,
Wisconsin because the boundaries of the listed townships are not easy
to locate, one of the townships identified in T.D. 54597 (the Preble
township) no longer exists, and due to an error, a portion of the
Austin Straubel Airport is located outside the current port limits. CBP
determined that this change would not result in a change in the service
that is provided to the public by the port, nor would a change in the
staffing or workload at the port be required. A map of the new port
limits is included in the docket as ``Attachment B: Green Bay
(Proposed).''
Interested parties were given until January 9, 2012, to comment on
the proposed changes. No comments were received in response to the
notice. Accordingly, CBP will adopt the proposal as set forth in the
NPRM.
II. Conclusion
CBP is extending and revising the geographical limits of the port
of Green Bay, Wisconsin. CBP believes that extending the geographical
limits of the port of Green Bay, Wisconsin to include the entire Austin
Straubel Airport and by revising the geographical limits to refer to
identifiable roadways and waterways rather than townships will enable
CBP to more efficiently utilize its personnel, facilities, and
resources, and to provide better service to carriers, importers, and
the general public. Therefore, the port of entry description of Green
Bay, Wisconsin, will be revised as proposed in the NPRM.
III. Port Description of Green Bay, Wisconsin
The expanded and revised port limits of the Green Bay, Wisconsin
port of entry, are as follows: Beginning at the point in the Sensiba
State Wildlife Area where Lineville Rd. meets the shore of Lake
Michigan, proceeding west on Lineville Rd. to the intersection with
Westline Rd.; then south on Westline Rd. to the intersection with
Glendale Ave.; then west on Glendale Ave. to the intersection with
County Line Rd. (County Route U); then south on County Line Rd. to the
intersection with Wisconsin State Route 29/32; then southeast on Route
29/32 to the intersection with Riverdale Dr. (County Route J); then
southwest on Riverdale Dr. to the intersection with Hillcrest Dr.; then
south on Hillcrest Dr. to the intersection with W Mason St. (State
Route 54); then southwest on W Mason St. to the intersection with S
Pine Tree Rd.; then south on S Pine Tree Rd. to the intersection with
Orlando Dr.; then east on Orlando Dr. (which turns into Grant St.) to
the intersection with 3rd St.; then north on 3rd St. to Main St. (State
Route 32); then east on Main St. across the Fox River onto George St.;
then east on George St. to the intersection with S Webster Ave.; then
southwest on S Webster Ave. to Chicago St. (County Route G); then
southeast on Chicago St. to the intersection with Monroe Rd. (County
Route GV); then northeast on Monroe Rd. to the intersection with State
Route 172; then east on State Route 172 to the intersection with
Interstate 43; then northeast on I-43 to the intersection with
Manitowoc Rd.; then southeast on Manitowoc Rd. to the intersection with
Eaton Rd. (County Route JJ), then east on Eaton Rd. to the intersection
with S Vandenberg Rd. (County Route OO/QQ); then north on S Vandenberg
Rd. to the intersection with Humboldt Rd., then northwest on Humboldt
Rd. to the intersection with N Northview Rd.; then north on N Northview
Rd. to the intersection with Luxemburg Rd.; then west on Luxemburg Rd.
to the intersection with Spartan Rd.; then north on Spartan Rd. to the
intersection with State Route 54/57; then northeast and north on Route
57 to the intersection with Van Lanen Rd.; then west on Van Lanen to
the point where Van Lanen Rd. meets the shore of Lake Michigan.
IV. Authority
This change is made under the authority of 5 U.S.C. 301; 19 U.S.C.
2, 66, and 1624; and section 403 of the Homeland Security Act of 2002,
Public Law 107-296, 116 Stat. 2178 (Nov. 25, 2002) (6 U.S.C. 203).
V. Regulatory Requirements
A. Executive Order 12866: Regulatory Planning and Review
This final rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, as supplemented by Executive
Order 13563. The change is intended to revise the geographical
boundaries of the Green Bay, Wisconsin, port of entry and make the
boundaries more easily identifiable to the public. There are no new
costs to the public associated with the rule, and the rule does not
otherwise implicate the factors set forth in section 3(f) of Executive
Order 12866. Accordingly, this rule has not been submitted to the
Office of Management and Budget for review.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
federal agencies to examine the impact a rule would have on small
entities. A small entity may be a small business (defined as any
independently owned and operated business not dominant in its field
that qualifies as a small business per the Small Business Act), a small
not-for-profit organization, or a small governmental jurisdiction
(locality with fewer than 50,000 people). This final rule does not
directly regulate small entities. The change is part of CBP's
continuing program to more efficiently utilize its personnel,
facilities, and resources, and to provide better service to carriers,
importers, and the general public. To the extent that all entities are
able to more efficiently or conveniently access the facilities and
resources within the expanded geographical area of the new port limits,
this final rule should confer benefits to CBP, carriers, importers, and
the general public. Because this final rule does not directly regulate
small entities, CBP certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
C. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
D. Executive Order 13132
The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13132, this rule does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement.
[[Page 13478]]
VI. Signing Authority
The signing authority for this document falls under 19 CFR 0.2(a).
Accordingly, this final rule is signed by the Secretary of Homeland
Security.
Lists of Subjects in 19 CFR Part 101
Customs duties and inspection, Customs ports of entry, Exports,
Imports, Organization and functions (Government agencies).
Amendments to Regulations
For the reasons set forth above, part 101, CBP Regulations (19 CFR
part 101), is amended as set forth below.
PART 101--GENERAL PROVISIONS
0
1. The general authority citation for part 101 and the specific
authority citation for section 101.3 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624,
1646a.
Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b.
* * * * *
Sec. 101.3 [Amended]
0
2. The list of ports in Sec. 101.3(b)(1) is amended by removing from
the ``Limits of Port'' column for Green Bay, Wisconsin, the present
limits description ``Including townships of Ashwaubenon, Allouez,
Preble, and Howard, and city of De Pere, T.D. 54597'' and adding ``CBP
Dec. 13-2'' in its place.
Dated: February 22, 2013.
Janet Napolitano,
Secretary.
[FR Doc. 2013-04620 Filed 2-27-13; 8:45 am]
BILLING CODE 9111-14-P