[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23598-23599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9510]


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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.

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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:

<bullet> Hartsfield-Jackson Atlanta International Airport
<bullet> Austin-Bergstrom International Airport
<bullet> Baltimore/Washington International Thurgood Marshall Airport
<bullet> O'Hare International Airport
<bullet> Dallas/Fort Worth International Airport
<bullet> Fort Lauderdale-Hollywood International Airport
<bullet> Southwest Florida International Airport
<bullet> George Bush Intercontinental Airport
<bullet> Key West International Airport
<bullet> Louis Armstrong New Orleans International Airport
<bullet> Oakland International Airport
<bullet> Orlando International Airport
<bullet> Pittsburgh International Airport
<bullet> San Juan Luis Mu[ntilde]oz Mar[iacute]n International Airport
<bullet> Tampa International Airport
<bullet> 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
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.
* * * * *

[[Page 23599]]


0
2. 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.

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                Location                               Name
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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 Mu[ntilde]oz
                                          Mar[iacute]n International
                                          Airport.
Tampa, Florida.........................  Tampa International Airport.
West Palm Beach, Florida...............  Palm Beach International
                                          Airport.
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    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]
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