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. 

* * * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23599 

■ 2. In § 122.153, revise paragraph (c) to 

read as follows: 

§ 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 Mun ̃oz Marı ́n 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–1176] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Potomac River, Charles 

County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘Potomac River Sharkfest 

Swim’’ amateur swim, a marine event to 

be held on the waters of the Potomac 

River on June 2, 2012. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to temporarily restrict 

vessel traffic in a portion of the Potomac 

River during the event. 

DATES: This rule is effective and will be 

enforced from 10 a.m. until 2:30 p.m. on 

June 2, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–1176 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–1176 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On February 9, 2012, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events; Potomac River, Charles 

County, MD’’ in the Federal Register 

(77 FR 27). We received one comment 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

On June 2, 2012, Enviro-Sports 

Productions, Inc. of Stinson Beach, 

California, will sponsor an amateur 

swim across the Potomac River between 

Newburg, Maryland and King George, 

VA. The event consists of up to 500 

swimmers on a course located upriver 

and parallel to the Governor Harry W. 

Nice Memorial (US–301) Bridge. The 

swimmers will be supported by 

sponsor-provided watercraft. The start 

will be located along the shore at the 

Aqua-Land Marina and the finish will 

be located along the shore at Dahlgren 

Wayside Park. A portion of the swim 

course will cross the federal navigation 

channel. Due to the need for vessel 

control during the event, the Coast 

Guard will temporarily restrict vessel 

traffic in the event area to provide for 

the safety of participants, spectators and 

other transiting vessels. 

Discussion of Comments and Changes 

The Coast Guard received one 

comment in response to the NPRM. No 

public meeting was requested and none 

was held. What follows is a review of, 

and the Coast Guard’s response to, the 

issue that was presented by the 

commenter concerning the proposed 

regulations. 

The commenter, Mr. David R. Horning 

of EnviroSports, who is the event 

organizer, stated that after further 

review of the tidal currents for June 2, 

2012, it has been determined that the 

best time to start the swim event would 

be between 11:30 a.m. and 12 p.m. 

(Noon) to get all participants across the 

Potomac River safely. Furthermore, the 

timeline in the proposed regulation 

closing this portion of the Potomac 


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