This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

23597 

Vol. 77, No. 77 

Friday, April 20, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1148; Airspace 

Docket No. 11–ASO–37] 

Revocation of Class E Airspace; 

Southport, NC, and Establishment of 

Class E Airspace; Oak Island, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes Class E 

Airspace at Southport, NC, and 

establishes Class E Airspace at Oak 

Island, NC, as new Standard Instrument 

Approach Procedures have been 

developed at Cape Fear Regional 

Jetport/Howie Franklin Field. This 

action enhances the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations within the National 

Airspace System. This action also 

recognizes the airport name change to 

Cape Fear Regional Jetport/Howie 

Franklin Field and updates the 

geographic coordinates of the airport. 

DATES: Effective 0901 UTC, May 31, 

2012. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On January 6, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking, (77 FR 

770) Docket No. FAA–2011–1148, to 

remove Class E airspace extending 

upward from 700 feet above the surface 

designated as South Brunswick County 

Airport, Southport, NC, (old name), and 

establish Class E airspace extending 

upward from 700 feet above the surface 

at Cape Fear Regional Jetport/Howie 

Franklin Field, Oak Island, NC (new 

name). Also, as noted, the airport, 

formerly called Southport Brunswick 

County Airport, Southport, NC, is 

changed to Cape Fear Regional Jetport/ 

Howie Franklin Field, Oak Island, NC, 

and the geographic coordinates are 

adjusted to coincide with the FAAs 

aeronautical database. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9V 

dated August 9, 2011, and effective 

September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

removes Class E airspace extending 

upward from 700 feet above the surface 

at Southport, NC, and establishes Class 

E airspace at Oak Island, NC to support 

new Standard Instrument Approach 

Procedures at Cape Fear Regional 

Jetport/Howie Franklin Field, Oak 

Island, NC. Airspace reconfiguration is 

necessary to the design of new standard 

instrument approach procedures, and 

for continued safety and management of 

IFR operations at the airport. Also, as 

noted, the airport, formerly called 

Southport Brunswick County Airport, 

Southport, NC, is changed to Cape Fear 

Regional Jetport/Howie Franklin Field, 

Oak Island, NC, and the geographic 

coordinates are adjusted to coincide 

with the FAAs aeronautical database. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it removes controlled airspace at 

Southport, NC, and establishes 

controlled airspace at Cape Fear 

Regional Jetport/Howie Franklin Field, 

Oak Island, NC. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, effective 


tkelley on DSK3SPTVN1PROD with RULES
23598 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

September 15, 2011, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO NC E5 Southport, NC [Removed] 

* * * * * 

ASO NC E5 Oak Island, NC [New] 

Cape Fear Regional Jetport/Howie Franklin 

Field, NC 

(Lat. 33 °55′51′′ N., long. 78 °04′24′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of the Cape Fear Regional Jetport/ 

Howie Franklin Field. 

Issued in College Park, Georgia, on March 

30, 2012. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2012–8557 Filed 4–19–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Part 122 

[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 Mun ̃ oz Marı ́n 

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 

■ 1. 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. 

* * * * * 


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