Airports of Entry or Departure for Flights to and From Cuba, 5058-5061 [2011-2011]
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§ 761.103
Federal Register / Vol. 76, No. 19 / Friday, January 28, 2011 / Rules and Regulations
Farm assessment.
(a) The Agency, in collaboration with
the applicant, will assess the farming
operation to:
(1) Determine the applicant’s financial
condition, organizational structure, and
management strengths and weaknesses;
(2) Identify and prioritize training and
supervisory needs; and
(3) Develop a plan of supervision to
assist the borrower in achieving
financial viability and transitioning to
private commercial credit or other
sources of credit in the shortest time
practicable, except for CL.
(b) * * *
(9) Supervisory plan, except for
streamlined CL;
(10) Training plan; and
(11) Graduation plan, except for CL.
*
*
*
*
*
PART 766—DIRECT LOAN
SERVICING—SPECIAL
5. The authority citation for part 766
is revised to read as follows:
■
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Subpart D—Homestead Protection
Program
6. In § 766.154, revise paragraph (c) to
read as follows:
■
§ 766.154
Homestead Protection Leases.
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(c) Lease-purchase options. (1) The
lessee may exercise in writing the
purchase option and complete the
homestead protection purchase at any
time prior to the expiration of the lease
provided all lease payments are current.
(2) If the lessee is a member of a
socially disadvantaged group, the lessee
may designate a member of the lessee’s
immediate family (that is, parent,
sibling, or child) (designee) as having
the right to exercise the option to
purchase.
(3) The purchase price is the market
value of the property when the option
is exercised as determined by a current
appraisal obtained by the Agency.
(4) The lessee or designee may
purchase homestead protection property
with cash or other credit source.
(5) The lessee or designee may receive
Agency program or non-program
financing provided:
(i) The lessee or designee has not
received previous debt forgiveness;
(ii) The Agency has funds available to
finance the purchase of homestead
protection property;
(iii) The lessee or designee
demonstrates an ability to repay such an
FLP loan; and
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(iv) The lessee or designee is
otherwise eligible for the FLP loan.
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Subpart H—Loan Liquidation
■
7. Add § 766.358 to read as follows:
§ 766.358 Acceleration and foreclosure
moratorium.
(a) Notwithstanding any other
provisions of this subpart, borrowers
who file or have filed a program
discrimination complaint that is
accepted by USDA Office of
Adjudication or successor office
(USDA), and have been serviced to the
point of acceleration or foreclosure on
or after May 22, 2008, will not have
their account accelerated or liquidated
until such complaint has been resolved
by USDA or closed by a court of
competent jurisdiction. This
moratorium applies only to program
loans made under subtitle A, B, or C of
the Act (for example, CL, FO, OL, EM,
SW, or RL). Interest will not accrue and
no offsets will be taken on these loans
during the moratorium. Interest accrual
and offsets will continue on all other
loans, including, but not limited to,
non-program loans.
(1) If the Agency prevails on the
program discrimination complaint, the
interest that would have accrued during
the moratorium will be reinstated on the
account when the moratorium
terminates, and all offsets and servicing
actions will resume.
(2) If the borrower prevails on the
program discrimination complaint, the
interest that would have accrued during
the moratorium will not be reinstated on
the account unless specifically required
by the settlement agreement or court
order.
(b) The moratorium will begin on:
(1) May 22, 2008, if the borrower had
a pending program discrimination claim
that was accepted by USDA as valid and
the account was at the point of
acceleration or foreclosure on or before
that date; or
(2) The date after May 22, 2008, when
the borrower has a program
discrimination claim accepted by USDA
as valid and the borrower’s account is
at the point of acceleration or
foreclosure.
(c) The point of acceleration under
this section is the earliest of the
following:
(1) The day after all rights offered on
the Agency notice of intent to accelerate
expire if the borrower does not appeal;
(2) The day after all appeals resulting
from an Agency notice of intent to
accelerate are concluded if the borrower
appeals and the Agency prevails on the
appeal;
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(3) The day after all appeal rights have
been concluded relating to a failure to
graduate and the Agency prevails on
any appeal;
(4) Any other time when, because of
litigation, third party action, or other
unforeseen circumstance, acceleration is
the next step for the Agency in servicing
and liquidating the account.
(d) A borrower is considered to be in
foreclosure status under this section
anytime after acceleration of the
account.
(e) The moratorium will end on the
earlier of:
(1) The date the program
discrimination claim is resolved by
USDA or
(2) The date that a court of competent
jurisdiction renders a final decision on
the program discrimination claim if the
borrower appeals the decision of USDA.
Signed in Washington, DC, on January 21,
2011.
Jonathan W. Coppess,
Administrator, Farm Service Agency.
[FR Doc. 2011–1917 Filed 1–27–11; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 234
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec 11–05]
RIN 1651–AA86
Airports of Entry or Departure for
Flights to and From Cuba
U.S. Customs and Border
Protection, DHS.
ACTION: Final rule.
AGENCY:
Under Department of
Homeland Security (DHS) regulations,
direct flights between the United States
and Cuba must 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. This document
amends current DHS regulations to
allow additional U.S. airports that are
able to process international flights to
request approval of U.S. Customs and
Border Protection (CBP) to process
authorized flights between the United
States and Cuba. These amendments are
in accordance with the President’s
recent statement easing the restrictions
placed on flights to and from Cuba by,
among other things, providing that
eligible airports may seek approval from
SUMMARY:
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CBP to accommodate flights arriving
from, or departing for, Cuba. This
statement builds upon the President’s
2009 initiative to promote democracy
and human rights in Cuba by easing
travel restrictions to facilitate greater
contact between separated family
members in the United States and Cuba.
DATES: Effective Date: January 28, 2011.
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 of the CBP regulations,
subpart O, consisting of sections
122.151–122.158 (19 CFR 122.151–
122.158), sets forth special procedures
that apply to all aircraft (except public
aircraft) entering or departing the
United States to or from Cuba. In
particular, section 122.153 (19 CFR
122.153) provides that the owner or
person in command of any aircraft
clearing the U.S. for, or entering the U.S.
from, Cuba 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.
Additionally, section 122.154 of the
CBP regulations (19 CFR 122.154)
requires the person in command of the
aircraft to provide advance notice of
arrival at least one hour before crossing
the U.S. coast or border. This notice
must be given either through the Federal
Aviation Administration flight
notification procedure or directly to the
CBP officer in charge at one of the
designated airports, as applicable.
Title 8 of the Code of Federal
Regulations pertaining to landing
requirements for aliens arriving by civil
aircraft also restricts flights arriving
from Cuba that are carrying passengers
or crew that are required to be inspected
under section 235 of the Immigration
and Nationality Act (INA). Paragraph (a)
of section 234.2 of title 8 (8 CFR
234.2(a)) requires that these flights land
only at the same three airports: John F.
Kennedy, Los Angeles, or Miami, unless
advance permission to land elsewhere
has been obtained from CBP’s Office of
Field Operations.
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
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intensifying people-to-people
exchanges. This announcement builds
on the President’s April 13, 2009
initiative to promote greater contact
between separated family members in
the United States and Cuba.
Flights Between Cuba and Additional
Airports in the United States
In the January 14, 2011 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.
Provided CBP is satisfied that the
airport is suitable to process these
flights, CBP will add the airport to the
list of airports authorized for direct
flights to or from Cuba.
In accordance with this statement,
DHS is amending section 122.153 of
title 19 of the Code of Federal
Regulations (19 CFR 122.153) to provide
that airports that meet existing CBP
standards for accommodating
international flights may request CBP
approval to accept direct flights to and
from Cuba. Properly authorized flights
to and from Cuba will be able to arrive
at or depart from any U.S. airport that
CBP has approved. For reference
purposes, CBP will provide a list of
authorized airports in section 122.153 as
well as on the CBP Web site, https://
www.cbp.gov.
DHS is also amending section 122.154
of title 19 (19 CFR 122.154) and section
234.2 of title 8 (8 CFR 234.2) to bring
these sections into conformity with
revised section 122.153 of title 19.
Revised paragraph (b) of section 122.154
of title 19 indicates that when notice of
arrival is provided to CBP, it must be
provided to the CBP officer in charge at
the applicable authorized airport.
Revised paragraph (a) of section 234.2 of
title 8 indicates that aircraft arriving
from Cuba with passengers or crew
required to be inspected under the INA
must land at one of the airports that CBP
has authorized pursuant to 19 CFR
122.153. DHS is also revising paragraph
(a) of section 234.2 to reflect current
CBP terminology.
The requirements to obtain clearance
and permission from CBP to depart from
or enter at the airport and to provide
advance notice of arrival will still apply.
Clearance and permission to depart
from or enter at the airport must be
obtained by contacting the CBP officer
in charge at the authorized airport at
which the aircraft departs or arrives.
Advance notice of arrival must be
provided either through the Federal
Aviation Administration flight
notification procedure or directly to the
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CBP officer in charge at the authorized
airport of arrival.
Eligibility Requirements and
Application and Approval Procedure
The regulations are amended to set
forth eligibility requirements and
application and approval procedures for
airports seeking approval to accept
aircraft traveling between the United
States and Cuba. (The three airports
currently referenced in section 122.153
of the regulations are already approved
to accept aircraft traveling between the
United States and Cuba and will not
need to seek CBP approval under this
procedure.)
To be eligible to request approval to
accept flights to and from Cuba, an
airport must be an international airport,
landing rights airport, or user fee
airport, as defined and described in part
122 of the CBP regulations (19 CFR part
122) and have adequate and up-to-date
staffing, equipment, and facilities to
process international traffic. In addition,
the airport must have an Office of
Foreign Assets Control (OFAC) licensed
carrier service provider that is prepared
to provide flights between the airport
and Cuba. The director of the port
authority governing the airport seeking
approval must send a written request to
the Assistant Commissioner, Office of
Field Operations, CBP Headquarters
(1300 Pennsylvania Avenue, NW.,
Washington, DC 20229).
After CBP determines that the airport
is suitable to accommodate flights
traveling between the United States and
Cuba, CBP will notify the requestor that
the airport has been approved to accept
aircraft traveling to or from Cuba, and
that it may immediately begin to accept
such aircraft. For reference purposes,
approved airports will be listed on the
CBP Web site https://www.cbp.gov and in
new paragraph (c) of section 122.153.
That paragraph as set forth in this
document lists only the three airports
that are already authorized to accept
such aircraft—John F. Kennedy
International Airport, Los Angeles
International Airport, and Miami
International Airport—but will be
revised periodically to reflect additional
airports that CBP has approved.
Additional Requirements for Aircraft
Traveling to or From Cuba
All aircraft to which these amended
regulations apply must be properly
licensed or otherwise authorized to
travel between the United States and
Cuba. Several Federal agencies
administer the necessary authorizations,
and it is the responsibility of the owner
or person in command of the aircraft to
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ensure that the aircraft has the necessary
authorization to travel.
OFAC, an office within the U.S.
Department of Treasury, administers the
Cuban Assets Control Regulations, 31
CFR part 515, which prohibit, in
relevant part, all persons subject to the
jurisdiction of the United States from
engaging in travel-related transactions
involving Cuba unless authorized by
OFAC. Persons transporting authorized
travelers between the United States and
Cuba by international charter flights as
carrier service providers must also be
authorized by OFAC to provide this
service.
Additionally, an aircraft traveling
between the United States and Cuba
may require a license from the
Department of Commerce, the
Department of State, or the Department
of Transportation, as applicable. Note
that, as a condition precedent for
clearance, section 122.157 of the CBP
regulations (19 CFR 122.157) requires
the aircraft commander to present to
CBP a validated license issued by the
Department of Commerce or a license
issued by the Department of State, as
well as documents required pursuant to
19 CFR part 122, subpart H. Also, air
carriers and other commercial operators
are required to adopt and implement the
security requirements established by the
Transportation Security Administration
for individuals, property, and cargo
aboard aircraft (see 49 CFR chapter XII,
subchapter C (Civil Aviation Security)),
and ensure that any airport(s) to be
served in Cuba carry out effective
security measures, in accordance with
49 U.S.C. 44907.
Inapplicability of Notice and Delayed
Effective Date Requirements, the
Regulatory Flexibility Act, and
Executive Order 12866
The Administrative Procedure Act
(APA) generally requires (with
exceptions) that the public be allowed
to participate in agency rulemaking.
Normally, an agency publishes a notice
of proposed rulemaking in the Federal
Register (5 U.S.C. 553(b)) providing
interested persons the opportunity to
submit comments (5 U.S.C. 553(c)). The
APA also provides (with exceptions)
that a final rule published after
consideration of those comments not
take effect for at least 30 days from the
date of publication (5 U.S.C. 553(d)). In
addition, the APA establishes
requirements for adjudications required
by statute to be determined on the
record after opportunity for an agency
hearing. (5 U.S.C. 554).
The Department of Homeland
Security is of the opinion that easing
travel restrictions between the United
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States and Cuba is a foreign affairs
function of the United States
Government and that rules
implementing this function are exempt
from § 553 (Rulemaking) and § 554
(Adjudications) of the APA. In addition,
the Department of Homeland Security
does not consider this rule to be a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review. The
Department is of the opinion that easing
travel restrictions between the United
States and Cuba is a foreign affairs
function of the United States
Government and that rules governing
the conduct of this function are exempt
from the requirements of Executive
Order 12866. Finally, because the
Department is of the opinion that this
rule is not subject to the requirements
of 5 U.S.C. 553, the Department does not
consider this document to be subject to
the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Paperwork Reduction Act
The collection of information
encompassed within this final rule is
contained in 19 CFR 122.153 and
requires a written request to CBP
requesting approval for the airport to be
able to accept aircraft traveling to or
from Cuba. The information will be
used by CBP to assist in determining if
an airport is suitable to accommodate
aircraft traveling between the United
States and Cuba. A request to approve
this information collection has been
submitted to the Office of Management
and Budget (OMB) for review in
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507).
An agency may not conduct, and a
person is not required to respond to, a
collection of information unless the
collection of information displays a
valid control number assigned by OMB.
The burden estimates for eligibility
requirements and application and
approval procedure under § 122.153 are
as follows:
Estimated annual reporting burden:
16 hours.
Estimated number of respondents: 16.
Estimated average annual burden per
respondent: 1 hour.
Signing Authority
This final rule is being issued in
accordance with 8 CFR 2.1 and 19 CFR
0.2(a). Accordingly, this final rule is
signed by the Secretary of Homeland
Security.
List of Subjects
8 CFR Part 234
Air carriers, Aircraft, Airports, Aliens,
Cuba.
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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 the Regulations
Accordingly, part 234 of title 8 of the
Code of Federal Regulations and part
122 of title 19 CFR are amended as set
forth below:
8 CFR Chapter 1
PART 234—DESIGNATION OF PORTS
OF ENTRY FOR ALIENS ARRIVING BY
CIVIL AIRCRAFT
1. The general authority for part 234
continues to read as follows:
■
Authority: 8 U.S.C. 1103, 1221, 1229; 8
CFR part 2.
2. In § 234.2, revise paragraph (a) to
read as follows:
■
§ 234.2
Landing requirements.
(a) Place of landing. Aircraft carrying
passengers or crew required to be
inspected under the Act must land at
the international air ports of entry
enumerated in part 100 of this chapter
unless permission to land elsewhere is
first obtained from the Commissioner of
U.S. Customs and Border Protection
(CBP) in the case of aircraft operated by
scheduled airlines, and in all other
cases from the port director of CBP or
other CBP officer having jurisdiction
over the CBP port of entry nearest the
intended place of landing.
Notwithstanding the foregoing, aircraft
carrying passengers and crew required
to be inspected under the Act on flights
originating in Cuba must land only at
airports that have been authorized by
CBP pursuant to 19 CFR 122.153 as an
airport of entry for flights arriving from
Cuba, unless advance permission to
land elsewhere has been obtained from
the Office of Field Operations at CBP
Headquarters.
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19 CFR Chapter 1
PART 122—AIR COMMERCE
REGULATIONS
3. The general 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.
■
4. Revise § 122.153 to read as follows:
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§ 122.153 Limitations on airport of entry or
departure.
Location
Name
(a) Aircraft arrival and departure. The
owner or person in command of any
aircraft clearing the United States for or
entering the United States 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; the Los
Angeles International Airport, Los
Angeles, California; or any other airport
that has been approved by CBP pursuant
to paragraph (b) of this section, and
must comply with the requirements in
this part unless otherwise authorized by
the Assistant Commissioner, Office of
Field Operations, CBP Headquarters.
(b) CBP approval of airports of entry
and departure.
(1) Airports eligible to apply. An
international airport, landing rights
airport, or user fee airport (as defined in
§ 122.1 and described in subpart B of
this part) that is equipped to facilitate
passport control and baggage inspection,
and otherwise process international
flights and has an Office of Foreign
Assets Control (OFAC) licensed carrier
service provider that is prepared to
provide flights between the airport and
Cuba, may request CBP approval to
become an airport of entry and
departure for aircraft traveling to or
from Cuba.
(2) Application and approval
procedure. The director of the port
authority governing the airport must
send a written request to the Assistant
Commissioner, Office of Field
Operations, CBP Headquarters,
requesting approval for the airport to be
able to accept aircraft traveling to or
from Cuba. Upon determination that the
airport is suitable to provide such
services, CBP will notify the requestor
that the airport has been approved to
accept aircraft traveling to or from Cuba,
and that it may immediately begin to
accept such aircraft. For reference
purposes, approved airports will be
listed on the CBP Web site and in
updates to paragraph (c) of this section.
(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.
Los Angeles,
California.
Miami, Florida ....
Los Angeles International
Airport
Miami International Airport
Location
Jamaica, New
York.
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Name
John F. Kennedy International Airport
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5. In § 122.154, revise paragraph (b)(2)
to read as follows:
■
§ 122.154
Notice of arrival.
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(b) * * *
(2) Directly to the CBP officer in
charge at the applicable airport
authorized pursuant to § 122.153.
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Janet Napolitano,
Secretary.
[FR Doc. 2011–2011 Filed 1–27–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM440; Special Conditions No.
25–415–SC]
Special Conditions: TTF Aerospace,
LLC, Modification to Boeing Model
767–300 Series Airplanes; Pilot Lower
Lobe Crew Rest Module
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Boeing Model 767–300
series airplane. This airplane, as
modified by TTF Aerospace, LLC, will
have a novel or unusual design features
associated with the pilot lower lobe
crew rest module (CRM). The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: The effective date of these
special conditions is January 21, 2011.
We must receive your comments by
March 14, 2011.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM440, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356. You may deliver two
copies to the Transport Airplane
Directorate at the above address. You
SUMMARY:
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5061
must mark your comments: Docket No.
NM440. You can inspect comments in
the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
FOR FURTHER INFORMATION CONTACT: John
Shelden, FAA, Airframe/Cabin Safety
Branch, ANM–115, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356;
telephone (425) 227–2785; facsimile
(425) 227–1320.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice of, and
opportunity for, prior public comment
on these special conditions are
impracticable because these procedures
would significantly delay issuance of
the design approval and thus delivery of
the affected aircraft. In addition, the
substance of these special conditions
has been subject to the public-comment
process in several prior instances with
no substantive comments received. The
FAA, therefore, finds that good cause
exists for making these special
conditions effective upon issuance.
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
about these special conditions. You can
inspect the docket before and after the
comment closing date. If you wish to
review the docket in person, go to the
address in the ADDRESSES section of this
preamble between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
We will consider all comments we
receive by the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want us to acknowledge receipt
of your comments on these special
conditions, include with your
comments a self-addressed, stamped
postcard on which you have written the
docket number. We will stamp the date
on the postcard and mail it back to you.
Background
On May 27, 2010, TTF Aerospace,
LLC (TTF) applied for a supplemental
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]]>Agencies
[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Rules and Regulations]
[Pages 5058-5061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2011]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 234
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec 11-05]
RIN 1651-AA86
Airports of Entry or Departure for Flights to and From Cuba
AGENCY: U.S. Customs and Border Protection, DHS.
ACTION: Final rule.
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SUMMARY: Under Department of Homeland Security (DHS) regulations,
direct flights between the United States and Cuba must 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. This document amends current DHS regulations to
allow additional U.S. airports that are able to process international
flights to request approval of U.S. Customs and Border Protection (CBP)
to process authorized flights between the United States and Cuba. These
amendments are in accordance with the President's recent statement
easing the restrictions placed on flights to and from Cuba by, among
other things, providing that eligible airports may seek approval from
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CBP to accommodate flights arriving from, or departing for, Cuba. This
statement builds upon the President's 2009 initiative to promote
democracy and human rights in Cuba by easing travel restrictions to
facilitate greater contact between separated family members in the
United States and Cuba.
DATES: Effective Date: January 28, 2011.
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 of the CBP regulations, subpart O, consisting of sections
122.151-122.158 (19 CFR 122.151-122.158), sets forth special procedures
that apply to all aircraft (except public aircraft) entering or
departing the United States to or from Cuba. In particular, section
122.153 (19 CFR 122.153) provides that the owner or person in command
of any aircraft clearing the U.S. for, or entering the U.S. from, Cuba
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. Additionally, section
122.154 of the CBP regulations (19 CFR 122.154) requires the person in
command of the aircraft to provide advance notice of arrival at least
one hour before crossing the U.S. coast or border. This notice must be
given either through the Federal Aviation Administration flight
notification procedure or directly to the CBP officer in charge at one
of the designated airports, as applicable.
Title 8 of the Code of Federal Regulations pertaining to landing
requirements for aliens arriving by civil aircraft also restricts
flights arriving from Cuba that are carrying passengers or crew that
are required to be inspected under section 235 of the Immigration and
Nationality Act (INA). Paragraph (a) of section 234.2 of title 8 (8 CFR
234.2(a)) requires that these flights land only at the same three
airports: John F. Kennedy, Los Angeles, or Miami, unless advance
permission to land elsewhere has been obtained from CBP's Office of
Field Operations.
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. This
announcement builds on the President's April 13, 2009 initiative to
promote greater contact between separated family members in the United
States and Cuba.
Flights Between Cuba and Additional Airports in the United States
In the January 14, 2011 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. Provided CBP is
satisfied that the airport is suitable to process these flights, CBP
will add the airport to the list of airports authorized for direct
flights to or from Cuba.
In accordance with this statement, DHS is amending section 122.153
of title 19 of the Code of Federal Regulations (19 CFR 122.153) to
provide that airports that meet existing CBP standards for
accommodating international flights may request CBP approval to accept
direct flights to and from Cuba. Properly authorized flights to and
from Cuba will be able to arrive at or depart from any U.S. airport
that CBP has approved. For reference purposes, CBP will provide a list
of authorized airports in section 122.153 as well as on the CBP Web
site, https://www.cbp.gov.
DHS is also amending section 122.154 of title 19 (19 CFR 122.154)
and section 234.2 of title 8 (8 CFR 234.2) to bring these sections into
conformity with revised section 122.153 of title 19. Revised paragraph
(b) of section 122.154 of title 19 indicates that when notice of
arrival is provided to CBP, it must be provided to the CBP officer in
charge at the applicable authorized airport. Revised paragraph (a) of
section 234.2 of title 8 indicates that aircraft arriving from Cuba
with passengers or crew required to be inspected under the INA must
land at one of the airports that CBP has authorized pursuant to 19 CFR
122.153. DHS is also revising paragraph (a) of section 234.2 to reflect
current CBP terminology.
The requirements to obtain clearance and permission from CBP to
depart from or enter at the airport and to provide advance notice of
arrival will still apply. Clearance and permission to depart from or
enter at the airport must be obtained by contacting the CBP officer in
charge at the authorized airport at which the aircraft departs or
arrives. Advance notice of arrival must be provided either through the
Federal Aviation Administration flight notification procedure or
directly to the CBP officer in charge at the authorized airport of
arrival.
Eligibility Requirements and Application and Approval Procedure
The regulations are amended to set forth eligibility requirements
and application and approval procedures for airports seeking approval
to accept aircraft traveling between the United States and Cuba. (The
three airports currently referenced in section 122.153 of the
regulations are already approved to accept aircraft traveling between
the United States and Cuba and will not need to seek CBP approval under
this procedure.)
To be eligible to request approval to accept flights to and from
Cuba, an airport must be an international airport, landing rights
airport, or user fee airport, as defined and described in part 122 of
the CBP regulations (19 CFR part 122) and have adequate and up-to-date
staffing, equipment, and facilities to process international traffic.
In addition, the airport must have an Office of Foreign Assets Control
(OFAC) licensed carrier service provider that is prepared to provide
flights between the airport and Cuba. The director of the port
authority governing the airport seeking approval must send a written
request to the Assistant Commissioner, Office of Field Operations, CBP
Headquarters (1300 Pennsylvania Avenue, NW., Washington, DC 20229).
After CBP determines that the airport is suitable to accommodate
flights traveling between the United States and Cuba, CBP will notify
the requestor that the airport has been approved to accept aircraft
traveling to or from Cuba, and that it may immediately begin to accept
such aircraft. For reference purposes, approved airports will be listed
on the CBP Web site https://www.cbp.gov and in new paragraph (c) of
section 122.153. That paragraph as set forth in this document lists
only the three airports that are already authorized to accept such
aircraft--John F. Kennedy International Airport, Los Angeles
International Airport, and Miami International Airport--but will be
revised periodically to reflect additional airports that CBP has
approved.
Additional Requirements for Aircraft Traveling to or From Cuba
All aircraft to which these amended regulations apply must be
properly licensed or otherwise authorized to travel between the United
States and Cuba. Several Federal agencies administer the necessary
authorizations, and it is the responsibility of the owner or person in
command of the aircraft to
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ensure that the aircraft has the necessary authorization to travel.
OFAC, an office within the U.S. Department of Treasury, administers
the Cuban Assets Control Regulations, 31 CFR part 515, which prohibit,
in relevant part, all persons subject to the jurisdiction of the United
States from engaging in travel-related transactions involving Cuba
unless authorized by OFAC. Persons transporting authorized travelers
between the United States and Cuba by international charter flights as
carrier service providers must also be authorized by OFAC to provide
this service.
Additionally, an aircraft traveling between the United States and
Cuba may require a license from the Department of Commerce, the
Department of State, or the Department of Transportation, as
applicable. Note that, as a condition precedent for clearance, section
122.157 of the CBP regulations (19 CFR 122.157) requires the aircraft
commander to present to CBP a validated license issued by the
Department of Commerce or a license issued by the Department of State,
as well as documents required pursuant to 19 CFR part 122, subpart H.
Also, air carriers and other commercial operators are required to adopt
and implement the security requirements established by the
Transportation Security Administration for individuals, property, and
cargo aboard aircraft (see 49 CFR chapter XII, subchapter C (Civil
Aviation Security)), and ensure that any airport(s) to be served in
Cuba carry out effective security measures, in accordance with 49
U.S.C. 44907.
Inapplicability of Notice and Delayed Effective Date Requirements, the
Regulatory Flexibility Act, and Executive Order 12866
The Administrative Procedure Act (APA) generally requires (with
exceptions) that the public be allowed to participate in agency
rulemaking. Normally, an agency publishes a notice of proposed
rulemaking in the Federal Register (5 U.S.C. 553(b)) providing
interested persons the opportunity to submit comments (5 U.S.C.
553(c)). The APA also provides (with exceptions) that a final rule
published after consideration of those comments not take effect for at
least 30 days from the date of publication (5 U.S.C. 553(d)). In
addition, the APA establishes requirements for adjudications required
by statute to be determined on the record after opportunity for an
agency hearing. (5 U.S.C. 554).
The Department of Homeland Security is of the opinion that easing
travel restrictions between the United States and Cuba is a foreign
affairs function of the United States Government and that rules
implementing this function are exempt from Sec. 553 (Rulemaking) and
Sec. 554 (Adjudications) of the APA. In addition, the Department of
Homeland Security does not consider this rule to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. The Department is of the opinion that
easing travel restrictions between the United States and Cuba is a
foreign affairs function of the United States Government and that rules
governing the conduct of this function are exempt from the requirements
of Executive Order 12866. Finally, because the Department is of the
opinion that this rule is not subject to the requirements of 5 U.S.C.
553, the Department does not consider this document to be subject to
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.).
Paperwork Reduction Act
The collection of information encompassed within this final rule is
contained in 19 CFR 122.153 and requires a written request to CBP
requesting approval for the airport to be able to accept aircraft
traveling to or from Cuba. The information will be used by CBP to
assist in determining if an airport is suitable to accommodate aircraft
traveling between the United States and Cuba. A request to approve this
information collection has been submitted to the Office of Management
and Budget (OMB) for review in accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507). An agency may not conduct, and a person
is not required to respond to, a collection of information unless the
collection of information displays a valid control number assigned by
OMB.
The burden estimates for eligibility requirements and application
and approval procedure under Sec. 122.153 are as follows:
Estimated annual reporting burden: 16 hours.
Estimated number of respondents: 16.
Estimated average annual burden per respondent: 1 hour.
Signing Authority
This final rule is being issued in accordance with 8 CFR 2.1 and 19
CFR 0.2(a). Accordingly, this final rule is signed by the Secretary of
Homeland Security.
List of Subjects
8 CFR Part 234
Air carriers, Aircraft, Airports, Aliens, Cuba.
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 the Regulations
Accordingly, part 234 of title 8 of the Code of Federal Regulations
and part 122 of title 19 CFR are amended as set forth below:
8 CFR Chapter 1
PART 234--DESIGNATION OF PORTS OF ENTRY FOR ALIENS ARRIVING BY
CIVIL AIRCRAFT
0
1. The general authority for part 234 continues to read as follows:
Authority: 8 U.S.C. 1103, 1221, 1229; 8 CFR part 2.
0
2. In Sec. 234.2, revise paragraph (a) to read as follows:
Sec. 234.2 Landing requirements.
(a) Place of landing. Aircraft carrying passengers or crew required
to be inspected under the Act must land at the international air ports
of entry enumerated in part 100 of this chapter unless permission to
land elsewhere is first obtained from the Commissioner of U.S. Customs
and Border Protection (CBP) in the case of aircraft operated by
scheduled airlines, and in all other cases from the port director of
CBP or other CBP officer having jurisdiction over the CBP port of entry
nearest the intended place of landing. Notwithstanding the foregoing,
aircraft carrying passengers and crew required to be inspected under
the Act on flights originating in Cuba must land only at airports that
have been authorized by CBP pursuant to 19 CFR 122.153 as an airport of
entry for flights arriving from Cuba, unless advance permission to land
elsewhere has been obtained from the Office of Field Operations at CBP
Headquarters.
* * * * *
19 CFR Chapter 1
PART 122--AIR COMMERCE REGULATIONS
0
3. The general 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.
0
4. Revise Sec. 122.153 to read as follows:
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Sec. 122.153 Limitations on airport of entry or departure.
(a) Aircraft arrival and departure. The owner or person in command
of any aircraft clearing the United States for or entering the United
States 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; the Los Angeles
International Airport, Los Angeles, California; or any other airport
that has been approved by CBP pursuant to paragraph (b) of this
section, and must comply with the requirements in this part unless
otherwise authorized by the Assistant Commissioner, Office of Field
Operations, CBP Headquarters.
(b) CBP approval of airports of entry and departure.
(1) Airports eligible to apply. An international airport, landing
rights airport, or user fee airport (as defined in Sec. 122.1 and
described in subpart B of this part) that is equipped to facilitate
passport control and baggage inspection, and otherwise process
international flights and has an Office of Foreign Assets Control
(OFAC) licensed carrier service provider that is prepared to provide
flights between the airport and Cuba, may request CBP approval to
become an airport of entry and departure for aircraft traveling to or
from Cuba.
(2) Application and approval procedure. The director of the port
authority governing the airport must send a written request to the
Assistant Commissioner, Office of Field Operations, CBP Headquarters,
requesting approval for the airport to be able to accept aircraft
traveling to or from Cuba. Upon determination that the airport is
suitable to provide such services, CBP will notify the requestor that
the airport has been approved to accept aircraft traveling to or from
Cuba, and that it may immediately begin to accept such aircraft. For
reference purposes, approved airports will be listed on the CBP Web
site and in updates to paragraph (c) of this section.
(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
------------------------------------------------------------------------
Jamaica, New York......................... John F. Kennedy
International Airport
Los Angeles, California................... Los Angeles International
Airport
Miami, Florida............................ Miami International Airport
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5. In Sec. 122.154, revise paragraph (b)(2) to read as follows:
Sec. 122.154 Notice of arrival.
* * * * *
(b) * * *
(2) Directly to the CBP officer in charge at the applicable airport
authorized pursuant to Sec. 122.153.
* * * * *
Janet Napolitano,
Secretary.
[FR Doc. 2011-2011 Filed 1-27-11; 8:45 am]
BILLING CODE 9111-14-P
