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 Department of Homeland Security U.S. Customs and Border Protection 19 CFR Part 122
[CBP Dec. 12-08]
 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 Muñoz Marín 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
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. 
 
 
 2.In § 122.153, revise paragraph (c) to read as follows: § 122.153
  
 (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
NameAtlanta, 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 Muñoz Marín 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