[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