[Federal Register: December 8, 2009 (Volume 74, Number 234)]
[Rules and Regulations]               
[Page 64601-64602]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de09-2]                         

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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101

[CBP Dec. 09-45]

 
Technical Amendments to List of CBP Preclearance Offices in 
Foreign Countries: Addition of Halifax, Canada and Shannon, Ireland

AGENCY: Customs and Border Protection, DHS.

ACTION: Final rule; technical amendments.

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SUMMARY: This document amends title 19 of the Code of Federal 
Regulations (CFR) to reflect that U.S. Customs and Border Protection 
(CBP) has added preclearance stations in Halifax, Canada and Shannon, 
Ireland. CBP officers at preclearance stations conduct inspections and 
examinations to ensure compliance with U.S. customs, immigration, and 
agriculture laws, as well as other laws enforced by CBP at the U.S. 
border. Such inspections and examinations prior to arrival in the 
United States generally enable passengers to exit the domestic terminal 
or connect directly to a U.S. domestic flight without undergoing 
further CBP processing.

DATES: Effective Date: December 8, 2009.

FOR FURTHER INFORMATION CONTACT: Kathleen Conway, Office of Field 
Operations, Preclearance Operations, (202) 344-1759.

SUPPLEMENTARY INFORMATION:

Background

    CBP preclearance operations have been in existence since 1952. 
Preclearance facilities are established through the cooperative efforts 
of CBP, foreign government representatives, and the local airport 
authorities and are evidenced with signed preclearance agreements. Each 
facility is staffed with CBP officers responsible for conducting 
inspections and examinations in connection with preclearing passengers 
bound for the United States. Generally, passengers who are inspected at 
a preclearance facility are permitted to arrive at a U.S. domestic 
facility and exit the U.S. domestic terminal upon arrival or connect 
directly to a U.S. domestic flight without further CBP processing. 
Preclearance facilities primarily serve to facilitate low risk 
passengers, relieve passenger congestion at Federal inspection 
facilities in the United States, and enhance security in the air 
environment through the screening and inspection of passengers prior to 
their arrival in the United States. In Fiscal Year 2008, over 14.9 
million passengers were processed at preclearance locations. This 
figure represents more than 15 percent of all commercial air passengers 
cleared by CBP in 2008.
    The Agreement on Air Transport Preclearance Between the Government 
of the United States of America and the Government of Canada was signed 
on January 18, 2001. Preclearance operations began in Halifax, Canada 
on October 4, 2006. The Halifax preclearance station is open for use by 
commercial flights.
    The Agreement Between the Government of the United States of 
America and the Government of Ireland on Air Transport Preclearance was 
signed on November 17, 2008. Preclearance operations began in Shannon, 
Ireland on August 5, 2009. The Shannon preclearance station is open for 
use by commercial flights.
    Section 101.5 of the CBP regulations (19 CFR 101.5) sets forth a 
list of CBP preclearance offices in foreign countries. This document 
amends this section to add Halifax, Canada and Shannon, Ireland to the 
list of preclearance offices, and to reflect the nomenclature changes 
made necessary by the transfer of the legacy U.S. Customs Service of 
the Department of the Treasury to the Department of Homeland Security 
(DHS) and DHS' subsequent renaming of the agency as U.S. Customs and 
Border Protection (CBP) on March 31, 2007 (see 72 FR 20131, dated April 
23, 2007).

Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    This amendment reflects the addition of two new CBP preclearance 
offices that were established through signed agreements between the 
United States and the respective host nation. Accordingly, pursuant to 
5 U.S.C. 553(b)(3)(B), notice and public procedure are unnecessary. For 
the same reason, pursuant to 5 U.S.C. 553(d)(3), a delayed effective 
date is not required.

The Regulatory Flexibility Act and Executive Order 12866

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. This amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

Signing Authority

    This document is being issued in accordance with 19 CFR 0.2(a).

List of Subjects in 19 CFR Part 101

    Customs duties and inspection, Customs ports of entry, Foreign 
trade statistics, Imports, Organization and functions (Government 
agencies), Shipments, Vessels.

Amendments to Regulations

0
For the reasons set forth above, Part 101 of the Code of Federal 
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 101.5 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.
* * * * *
    Section 101.5 also issued under 19 U.S.C. 1629.
* * * * *

0
2. Revise Sec.  101.5 to read as follows:


Sec.  101.5  CBP preclearance offices in foreign countries.

    Listed below are the preclearance offices in foreign countries 
where CBP officers are located. A Director, Preclearance, located in 
the Office of Field Operations at CBP Headquarters, is the responsible 
CBP officer exercising supervisory control over all preclearance 
offices.

------------------------------------------------------------------------
              Country                             CBP office
------------------------------------------------------------------------
Aruba..............................  Orangestad.
The Bahamas........................  Freeport.
                                     Nassau.
Bermuda............................  Kindley Field.
Canada.............................  Calgary, Alberta.
                                     Edmonton, Alberta.
                                     Halifax, Nova Scotia.
                                     Montreal, Quebec.
                                     Ottawa, Ontario.
                                     Toronto, Ontario.
                                     Vancouver, British
                                     Columbia.
                                     Winnipeg, Manitoba.
Ireland............................  Shannon.
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[[Page 64602]]

    Dated: December 3, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-29190 Filed 12-7-09; 8:45 am]
BILLING CODE 9111-14-P

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