[Federal Register Volume 64, Number 191 (Monday, October 4, 1999)]
[Rules and Regulations]
[Pages 53627-53628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25689]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 122
[T.D. 99-71]
RIN 1515-AC51
Flights To and From Cuba
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to provide that
aircraft and passengers departing the U.S. for, or entering the U.S.
from, Cuba must depart or enter through either the John F. Kennedy
International Airport, Jamaica, New York; the Los Angeles International
Airport, Los Angeles, California; or the Miami International Airport,
Miami, Florida. At present, such aircraft and passengers may depart or
enter only through the Miami International Airport. The change is in
accordance with a statement by the President that direct passenger
flights would be authorized between Cuba and some cities in the U.S.
besides Miami, in order to facilitate licensed travel to and from Cuba,
including family reunification for Cuban resident aliens and U.S.
citizens of Cuban heritage living in U.S. cities other than Miami. To
this end, the Department of State and the National Security Council
have specifically directed that direct charter passenger flights by
persons that possess a valid Office of Foreign Assets Control Carrier
Service Provider authorization may operate between Cuba and the two
additional U.S. airports.
EFFECTIVE DATE: October 4, 1999.
FOR FURTHER INFORMATION CONTACT: Margaret R. Fearon, Office of Field
Operations, 202-927-0494.
SUPPLEMENTARY INFORMATION:
Background
In part 122, Customs Regulations, subpart O, consisting of
Secs. 122.151-122.158 (19 CFR 122.151-122.158), sets forth special
Customs procedures that apply to all aircraft except public aircraft
that depart or enter the U.S. to or from Cuba.
In particular, Sec. 122.153, Customs Regulations (19 CFR 122.153),
provides that unless otherwise authorized by the Assistant
Commissioner, Field Operations, Customs Headquarters, the owner or
person in command of an aircraft clearing the U.S. for, or entering
from, Cuba, must clear or obtain permission to depart from, or enter
at, the Miami International Airport, Miami, Florida.
In addition, Sec. 122.154, Customs Regulations (19 CFR 122.154),
requires that the person in command of the aircraft furnish advance
notice of arrival at least one hour before crossing the U.S. coast or
border. The notice must be given either through the Federal Aviation
Administration flight notification procedure or directly to the Customs
officer in charge at the Miami International Airport.
Flights Between Cuba and Additional Cities in the U.S.
In a statement issued on January 5, 1999, the President announced a
series of humanitarian measures designed to reach out to and ease the
plight of the Cuban people, and to help them prepare for a democratic
future. As one of these measures, the President authorized the
restoration of flights between Cuba and some cities in the U.S. in
addition to Miami. The purpose of this measure is to facilitate
licensed travel to and from Cuba, including family reunification for
Cuban resident aliens and U.S. citizens of Cuban heritage living in
U.S. cities other than Miami.
To this end, the Department of State and the National Security
Council have specifically directed that direct charter passenger
flights by persons that possess a valid Office of Foreign Assets
Control Carrier Service Provider authorization may operate between Cuba
and two additional U.S. airports--the John F. Kennedy International
Airport in Jamaica, New York, and the Los Angeles International Airport
in Los Angeles, California.
Accordingly, Secs. 122.153 and 122.154 are amended to reflect that
flights between Cuba and the U.S. will be permitted at these two
additional U.S. airports.
Inapplicability of Notice and Delayed Effective Date Requirements,
the Regulatory Flexibility Act and Executive Order 12866
Pursuant to the provisions of 5 U.S.C. 553(a)(1), public notice and
comment procedure is not applicable to this rule because the rule falls
within the foreign affairs function of the United States. In this
regard, as noted, the rule implements a January 5, 1999, announcement
by the President that direct passenger flights would be authorized to
and from Cuba and other U.S. cities in addition to Miami, as part of a
humanitarian effort designed to reach out to and ease the plight of the
Cuban people, and to help them prepare for a democratic future. The
Department of State and the National Security Council have specifically
directed that passenger flights be permitted between
[[Page 53628]]
Cuba and the U.S. through the John F. Kennedy International Airport in
Jamaica, New York, and the Los Angeles International Airport in Los
Angeles, California.
Because this document is not subject to the requirements of 5
U.S.C. 553, delayed effective date requirements are not applicable, and
the document is not subject to the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because the document involves a
foreign affairs function of the United States, it is not subject to the
provisions of E.O. 12866.
List of Subjects in 19 CFR Part 122
Administrative practice and procedure, Air carriers, Aircraft,
Airports, Air transportation, Cuba, Customs duties and inspection,
Entry procedure, Organization and functions (Government agencies),
Reporting and recordkeeping requirements, Security measures.
Amendments to the Regulations
Accordingly, part 122, Customs 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, 1433, 1436, 1448,
1459, 1590, 1594, 1623, 1624, 1644, 1644a.
2. Section 122.153 is revised to read as follows:
Sec. 122.153 Limitations on airport of entry or departure.
The owner or person in command of any aircraft clearing the U.S.
for, or entering the U.S. from, Cuba, whether the aircraft is departing
on a temporary sojourn, or for export, must clear or obtain permission
to depart from, or enter at, the Miami International Airport, Miami,
Florida; the John F. Kennedy International Airport, Jamaica, New York;
or the Los Angeles International Airport, Los Angeles, California, and
comply with the requirements in this part unless otherwise authorized
by the Assistant Commissioner, Office of Field Operations, Customs
Headquarters.
3. Section 122.154 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 122.154 Notice of arrival.
* * * * *
(b) Procedure for giving advance notice of arrival. * * *
* * * * *
(2) Directly to the Customs officer in charge at the Miami
International Airport, Miami, Florida; the John F. Kennedy
International Airport, Jamaica, New York; or the Los Angeles
International Airport, Los Angeles, California, whichever is
applicable.
* * * * *
Raymond W. Kelly,
Commissioner of Customs.
Dated: September 15, 1999.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-25689 Filed 10-1-99; 8:45 am]
BILLING CODE 4820-02-P
