Technical Amendment to Cuba Airport List: Addition of Recently Approved Airports
Federal Register, Volume 77 Issue 77 (Friday, April 20, 2012)
Federal Register Volume 77, Number 77 (Friday, April 20, 2012)
Rules and Regulations
Pages 23598-23599
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-9510
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
CBP Dec. 12-08
Technical Amendment to Cuba Airport List: Addition of Recently Approved Airports
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This document amends the Customs and Border Protection (CBP) regulations by updating the list of airports authorized to accept aircraft traveling to or from Cuba.
DATES: Effective: April 20, 2012.
FOR FURTHER INFORMATION CONTACT: Arthur A.E. Pitts, Sr., U.S. Customs and Border Protection, Office of Field Operations, 202-344-2752.
SUPPLEMENTARY INFORMATION:
Background
Part 122, subpart O, of the CBP regulations sets forth special procedures that apply to all aircraft (except public aircraft) entering or departing the United States to or from Cuba. Prior to January 2011, the regulations required direct flights between the United States and Cuba to arrive at or depart from one of three named U.S. airports: John F. Kennedy International Airport, Los Angeles International Airport, or Miami International Airport.
In a statement issued on January 14, 2011, the President announced a series of changes to ease the restrictions on travel to and from Cuba as part of an initiative to support the Cuban people's desire to freely determine their country's future by, among other things, supporting licensed travel and intensifying people-to-people exchanges. In the statement, the President announced that additional U.S. airports able to process international flights may request CBP approval to accept direct flights to and from Cuba in accordance with procedures to be established by CBP. On January 28, 2011, CBP published a final rule in the Federal Register (76 FR 5058) that amended the CBP regulations to establish such procedures and airport eligibility criteria.
As provided in 19 CFR 122.153(b), airports meeting certain prerequisites may submit a written request to CBP requesting approval to become an airport of entry and departure for aircraft traveling to and from Cuba. Upon determination that the airport is suitable to process these flights, CBP will notify the requestor that the airport has been approved, and that it may immediately begin to accept such aircraft. For more detailed background information on the application and approval procedure and the eligibility criteria, see the January 28, 2011 final rule and 19 CFR 122.153.
List of Approved Airports
The CBP regulations also specify that for reference purposes, approved airports will be listed on the CBP Web site and reflected in updates to the list in 19 CFR 122.153(c). The current list includes the three airports that were authorized to accept aircraft traveling to or from Cuba before the publication of the January 28, 2011 final rule: John F. Kennedy International Airport, Los Angeles International Airport, and Miami International Airport. This document updates the list of airports to reflect the 16 airports that CBP has approved to accept aircraft traveling to or from Cuba, since the publication of the final rule. Those airports include:
Hartsfield-Jackson Atlanta International Airport
Austin-Bergstrom International Airport
Baltimore/Washington International Thurgood Marshall Airport
O'Hare International Airport
Dallas/Fort Worth International Airport
Fort Lauderdale-Hollywood International Airport
Southwest Florida International Airport
George Bush Intercontinental Airport
Key West International Airport
Louis Armstrong New Orleans International Airport
Oakland International Airport
Orlando International Airport
Pittsburgh International Airport
San Juan Luis Muntildeoz Mariacuten International Airport
Tampa International Airport
Palm Beach International Airport
The updated list of approved airports also appears on the CBP Web site: www.cbp.gov.
Inapplicability of Public Notice and Delayed Effective Date Requirements
Because this amendment merely updates the list of airports authorized to accept aircraft traveling to or from Cuba to include airports already approved by CBP in accordance with 19 CFR 122.153 and neither imposes additional burdens on, nor takes away any existing rights or privileges from the public, pursuant to 5 U.S.C. 553(b)(B), notice and public procedure are unnecessary, and for the same reasons, 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 final rule technical amendment is being issued in accordance with 19 CFR 0.2(a).
List of Subjects in 19 CFR Part 122
Administrative practice and procedure, Air carriers, Aircraft, Airports, Alcohol and alcoholic beverages, Cigars and cigarettes, Cuba, Customs duties and inspection, Drug traffic control, Freight, Penalties, Reporting and recordkeeping requirements, Security measures.
Amendments to Regulations
Part 122, Code of Federal Regulations (19 CFR part 122) is amended as set forth below:
PART 122--AIR COMMERCE REGULATIONS
0
-
The authority citation for part 122 continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *
Page 23599
0
-
In Sec. 122.153, revise paragraph (c) to read as follows:
Sec. 122.153 Limitations on airport of entry or departure.
* * * * *
(c) List of airports authorized to accept aircraft traveling to or from Cuba. For reference purposes, the following is a list of airports that have been authorized by CBP to accept aircraft traveling between Cuba and the United States.
------------------------------------------------------------------------
Location Name
------------------------------------------------------------------------
Atlanta, Georgia....................... Hartsfield-Jackson Atlanta
International Airport.
Austin, Texas.......................... Austin-Bergstrom International
Airport.
Baltimore, Maryland.................... Baltimore/Washington
International Thurgood
Marshall Airport.
Chicago, Illinois...................... O'Hare International Airport.
Dallas, Texas.......................... Dallas/Fort Worth International
Airport.
Fort Lauderdale, Florida............... Fort Lauderdale-Hollywood
International Airport.
Fort Myers, Florida.................... Southwest Florida International
Airport.
Houston, Texas......................... George Bush Intercontinental
Airport.
Jamaica, New York...................... John F. Kennedy International
Airport.
Key West, Florida...................... Key West International Airport.
Los Angeles, California................ Los Angeles International
Airport.
Miami, Florida......................... Miami International Airport.
New Orleans, Louisiana................. Louis Armstrong New Orleans
International Airport.
Oakland, California.................... Oakland International Airport.
Orlando, Florida....................... Orlando International Airport.
Pittsburgh, Pennsylvania............... Pittsburgh International
Airport.
San Juan, Puerto Rico.................. San Juan Luis Muntildeoz
Mariacuten International
Airport.
Tampa, Florida......................... Tampa International Airport.
West Palm Beach, Florida............... Palm Beach International
Airport.
------------------------------------------------------------------------
Dated: April 10, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
FR Doc. 2012-9510 Filed 4-19-12; 8:45 am
BILLING CODE 9111-14-P
