[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Rules and Regulations]
[Pages 46348-46350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18759]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR PART 101

[CBP Dec. 14-09]


Technical Amendment to the List of CBP Preclearance Offices in 
Foreign Countries: Addition of Abu Dhabi, United Arab Emirates

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

[[Page 46349]]


ACTION: Final rule; technical amendment.

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SUMMARY: This rule amends U.S. Customs and Border Protection (CBP) 
regulations to reflect that CBP has added a preclearance location in 
Abu Dhabi, United Arab Emirates. CBP Preclearance operations in Abu 
Dhabi, United Arab Emirates officially began on January 24, 2014, 
pursuant to an agreement between the Governments of the United States 
and the United Arab Emirates. CBP Officers at preclearance locations 
conduct inspections and examinations to ensure compliance with U.S. 
customs, immigration, and agriculture laws, as well as other laws 
enforced by CBP at the U.S. border. Such inspections and examinations 
prior to arrival in the United States generally enable travelers to 
exit the domestic terminal or connect directly to a U.S. domestic 
flight without undergoing further CBP processing.

DATES: Effective Date: August 8, 2014.

FOR FURTHER INFORMATION CONTACT: Dylan DeFrancisci, Office of Field 
Operations, 202-344-3671, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. Preclearance Operations

    CBP preclearance operations have been in existence since 1952. 
Preclearance facilities are established through the cooperative efforts 
of CBP, foreign government representatives, and the local facility 
authorities and are evidenced with signed preclearance agreements.
    Each facility is staffed with CBP Officers responsible for 
conducting inspections and examinations in connection with preclearing 
passengers, crew, and their goods bound for the United States. 
Generally, travelers who are inspected at a preclearance facility are 
permitted to arrive at a U.S. domestic facility and exit the U.S. 
domestic terminal upon arrival or connect directly to a U.S. domestic 
flight without further CBP processing.
    Preclearance operations enhance security in the air environment 
through the screening and inspection of travelers prior to their 
arrival in the United States. Additionally, preclearance operations 
facilitate legitimate travel and relieve passenger congestion at 
federal inspection facilities in the United States. In Fiscal Year (FY) 
2013, over 16 million aircraft travelers were processed at preclearance 
locations. This figure represents more than 15.5 percent of all 
commercial aircraft travelers cleared by CBP in FY 2013.

B. Abu Dhabi, United Arab Emirates Preclearance Operations

    An ``Agreement Between the Government of the United States of 
America and the Government of the United Arab Emirates on Air Transport 
Preclearance'' (Agreement) was signed on April 15, 2013. Among other 
things, the Agreement sets forth the obligations of the United Arab 
Emirates and the United States and establishes the Abu Dhabi 
International Airport as a preclearance location. Under the Agreement, 
flights eligible for preclearance are non-stop commercial flights that 
are destined from the United Arab Emirates to the United States. The 
Agreement provides that it will be carried out in a manner consistent 
with the laws and constitutions of both governments. Preclearance 
operations officially began in Abu Dhabi, United Arab Emirates on 
January 24, 2014.

C. Regulatory Amendment

    Section 101.5 of the CBP regulations (19 CFR 101.5) sets forth a 
list of CBP preclearance offices in foreign countries. This document 
amends this section to add Abu Dhabi, United Arab Emirates to the list 
of preclearance offices. This document also corrects the misspelling of 
the Oranjestad, Aruba preclearance location.

II. Statutory and Regulatory Requirements

A. Inapplicability of Public Notice and Delayed Effective Date 
Requirements

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. Based on an Agreement between the Governments of 
the United States and the United Arab Emirates, preclearance operations 
in Abu Dhabi, United Arab Emirates have been operating since January 
24, 2014. The final rule merely adds Abu Dhabi, United Arab Emirates to 
the list of CBP preclearance locations in foreign countries. This 
amendment is a technical change to merely update the list of 
preclearance locations. Therefore, notice and comment for this rule is 
unnecessary and contrary to the public interest because the rule has no 
substantive impact, is technical in nature, and relates only to 
management, organization, procedure, and practice. For the same 
reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is 
not required.

B. 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, as supplemented by Executive Order 13563.

C. Signing Authority

    This document is being issued in accordance with 19 CFR 0.2(a) 
because preclearance locations are not within the bounds of those 
regulations for which the Secretary of the Treasury has retained sole 
authority. Therefore, this rule may be signed by the Secretary of 
Homeland Security or his or her designee.

List of Subjects In 19 CFR Part 101

    Customs duties and inspection, Customs ports of entry, Foreign 
trade statistics, Imports, Organization and functions (Government 
agencies), Shipments, Vessels.

Amendments to Regulations

    For the reasons discussed above, part 101 of title 19 of the Code 
of Federal Regulations (19 CFR Part 101) is amended as set forth below.

PART 101--GENERAL PROVISIONS

0
1. The general authority citation for part 101 and specific authority 
citation for Sec.  101.5 continue to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 
1629, 1646a.
* * * * *
    Section 101.5 also issued under 19 U.S.C. 1629.
* * * * *

0
2. Revise Sec.  101.5 to read as follows:


Sec.  101.5  CBP preclearance offices in foreign countries.

    Listed below are the preclearance offices in foreign countries 
where CBP Officers are located. A Director, Preclearance, located in 
the Office of Field Operations at CBP Headquarters, is the responsible 
CBP Officer exercising supervisory control over all preclearance 
offices.

------------------------------------------------------------------------
                  Country                            CBP office
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Aruba.....................................  Oranjestad.
The Bahamas...............................  Freeport.
                                            Nassau.
Bermuda...................................  Kindley Field.

[[Page 46350]]

 
Canada....................................  Calgary, Alberta.
                                            Edmonton, Alberta.
                                            Halifax, Nova Scotia.
                                            Montreal, Quebec.
                                            Ottawa, Ontario.
                                            Toronto, Ontario.
                                            Vancouver, British Columbia.
                                            Winnipeg, Manitoba.
Ireland...................................  Dublin.
                                            Shannon.
United Arab Emirates......................  Abu Dhabi.
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    Dated: August 4, 2014.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2014-18759 Filed 8-7-14; 8:45 am]
BILLING CODE 9111-14-P