Flights To and From Cuba, 29795-29797 [2019-13431]

Download as PDF 29795 Rules and Regulations Federal Register Vol. 84, No. 122 Tuesday, June 25, 2019 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 234 U.S. Customs and Border Protection 19 CFR Part 122 [Docket No. USCBP–2016–0015; CBP Decision No. 19–06] RIN 1651–AB10 Flights To and From Cuba U.S. Customs and Border Protection, DHS. ACTION: Final rule. AGENCY: This rule adopts as final, without change, interim amendments to the U.S. Customs and Border Protection (CBP) regulations published in the Federal Register on March 21, 2016, that removed certain provisions regarding flights to and from Cuba that were either obsolete due to intervening regulatory changes or were duplicative of regulations applicable to all other similarly situated international flights. DATES: This rule is effective on June 25, 2019. FOR FURTHER INFORMATION CONTACT: Arthur A.E. Pitts, Sr., U.S. Customs and Border Protection, Office of Field Operations, by phone at (202) 344–2752 or by email at Arthur.A.Pitts@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: khammond on DSKBBV9HB2PROD with RULES SUMMARY: I. Background On March 21, 2016, the Department of Homeland Security (DHS) published an interim final rule (IFR) in the Federal Register (81 FR 14948) amending CBP regulations to remove regulations previously codified at 19 CFR, part 122, subpart O. The removed regulations imposed certain restrictions and reporting requirements on flights to and from Cuba. The implementation of robust reporting requirements that generally apply to all international VerDate Sep<11>2014 20:28 Jun 24, 2019 Jkt 247001 flights rendered much of subpart O redundant. Additionally, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS) issued changes to the Cuban Assets Control Regulations (CACR) and the Export Administration Regulations (EAR) that rendered many sections of subpart O obsolete.1 Despite the removal of subpart O, flights to and from Cuba continue to be subject to the same entry and clearance requirements in 19 CFR part 122 as all other similarly situated international flights. Additionally, flights to and from Cuba continue to be subject to other legal requirements relating to travel and trade between the United States and Cuba including, but not limited to, the CACR and the EAR. In the IFR, DHS also amended several provisions of title 8 CFR (8 CFR 234.2) and title 19 CFR (19 CFR 122.31 and 122.42) to bring these sections into conformity with the removal of 19 CFR part 122, subpart O. II. Discussion of Comments A. Overview Although the interim regulatory amendments were promulgated without prior public notice and comment procedures pursuant to the foreign affairs exemption in 5 U.S.C. 553(a)(1), the IFR provided for the submission of public comments that would be considered before adoption of the interim regulations as a final rule. The prescribed 30-day public comment period closed on April 20, 2016. DHS received submissions from 30 commenters. The vast majority of commenters supported the removal of subpart O. Those commenters supported the removal of subpart O based on the expectation that it would benefit the U.S. airline industry and other U.S. businesses hoping to expand to Cuba, lower the cost of flights to and from Cuba by increasing flight options 1 Following the publication of the IFR, BIS and OFAC published additional changes to the CACR and the EAR in order to implement the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017). See 82 FR 51983 (Nov. 9, 2017) and 82 FR 51998 (Nov. 9, 2017). These changes did not affect provisions related to former subpart O and do not require modification to the IFR. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 available to U.S. consumers, and potentially lead to future trade agreements and other economic cooperation between the United States and Cuba. Three of the commenters that supported the rule requested that DHS impose additional restrictions on international flights and individuals arriving in the United States. Two commenters opposed the IFR due to legal and policy concerns regarding Cuba. A summary of the comments and comment responses follow. B. Discussion Comment: One commenter expressed concern that the removal of subpart O would encourage the spread of communist beliefs and stated that DHS should take steps to continue to isolate Cuba. Another commenter stated that the removal of subpart O was inconsistent with federal laws that restrict trade with Cuba and with CBP’s putative duty to prevent trade with Cuba. Specifically, it is the position of the commenter that section 6063 of title 22 of the U.S. Code prohibits CBP from removing subpart O until there is a transition government in place in Cuba. Response: DHS disagrees that the removal of subpart O is inconsistent with U.S. law or CBP’s obligations under the law. As noted above and explained in detail in the IFR, each section previously codified in subpart O is either redundant of other regulatory provisions or is obsolete due to intervening regulatory changes issued by OFAC and BIS pursuant to OFAC’s and BIS’s statutory authority to regulate travel and trade with Cuba. Additionally, none of the regulatory requirements previously codified in subpart O is mandated by statute. Rather, subpart O was promulgated pursuant to the Secretary of Homeland Security’s broad authority to regulate all aircraft arriving to and departing from the United States. See 19 U.S.C. 1433, 1644, and 1644a. The elimination of subpart O, therefore, merely updates CBP’s regulations to conform to OFAC’s and BIS’s regulations and does not conflict with the existing statutory or regulatory scheme restricting travel or trade with Cuba. The removal of subpart O also does not conflict with title II of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, Public Law 104–114, sections 201–207, 110 Stat. E:\FR\FM\25JNR1.SGM 25JNR1 khammond on DSKBBV9HB2PROD with RULES 29796 Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations 785, 805–814, which includes the provisions codified at 22 U.S.C. 6063. Those provisions do not specifically address DHS’s authority to regulate aircraft flying to or from Cuba. The President is authorized to suspend aspects of the economic embargo of Cuba only if certain conditions are met, including the determination that ‘‘a transition government in Cuba is in power.’’ 22 U.S.C. 6064(a). As explained above, however, the removal of the provisions in subpart O, which are either redundant or obsolete, merely conforms CBP’s regulations to the BIS and OFAC requirements. It does not affect the existing embargo, and therefore does not require a determination that a transition government is in power in Cuba. Comment: Two commenters expressed support for the removal of subpart O but requested that individuals arriving in the United States from any foreign place, including individuals arriving from Cuba, be subject to criminal background checks in order to enter the United States. One commenter requested that additional restrictions be placed on flights to and from any foreign place. Response: The requirements applicable to foreign individuals seeking entry into the United States are beyond the scope of this rule. However, DHS notes that despite the removal of subpart O, all travelers arriving in the United States from Cuba must still report to a CBP officer and undergo a customs and immigration inspection, as required by various provisions in the United States Code and titles 8 and 19 and of the CFR. DHS and its component agencies also work closely with the Department of State and other agencies responsible for enforcing the sanctions regime against Cuba, including OFAC and BIS, to ensure that individuals on the Specially Designated National (SDN) list are prohibited entry into the United States. In addition, despite the removal of subpart O, all aircraft arriving in the United States from Cuba are subject to the various reporting and inspection requirements of title 19 CFR. Comment: One commenter requested that DHS amend section 122.153(c) of title 19 (19 CFR 122.153) to permit Key West International Airport to receive flights to and from Cuba. Response: Section 122.153 of title 19 is within subpart O and, therefore, has been removed. However, it is not necessary to amend the list of airports authorized to accept flights to and from Cuba previously contained in 122.153(c) to add Key West International Airport, or any other airport, in order for that VerDate Sep<11>2014 20:28 Jun 24, 2019 Jkt 247001 airport to receive flights to and from Cuba. With the removal of subpart O, any airport, including Key West International Airport, may request a new international flight to or from Cuba under the same procedures and requirements applicable to all other similarly situated airports and aircraft operators seeking to conduct international flights. In order to operate flights between the United States and Cuba, all airports and aircraft operators must comply with applicable regulatory requirements of DHS and its component agencies, such as CBP, the Transportation Security Administration (TSA), U.S. Immigration and Customs Enforcement (ICE) and the U.S. Coast Guard, as well as the regulatory requirements of OFAC, BIS, and the Department of Transportation’s Federal Aviation Administration. III. Conclusions—Regulatory Amendments After careful consideration of the comments received, DHS is adopting the interim regulations, as set forth in the IFR published in the Federal Register at 81 FR 14948 on March 21, 2016, as final without change. Statutory and Regulatory Requirements A. Statutory Requirements The Administrative Procedure Act (APA) requirements in 5 U.S.C. 553 govern agency rulemaking procedures. Among other procedural requirements, the APA generally requires that a final rule have a 30-day delayed effective date. The APA provides a full exemption from the requirements of section 553 for rules involving the foreign affairs function of the United States. See 5 U.S.C. 553(a)(1). This final rule is excluded from the rulemaking provisions of 5 U.S.C. 553 as a foreign affairs function of the United States because it concerns international flights between the United States and Cuba, consistent with U.S. foreign policy goals. These amendments clarify and simplify the regulations regarding air travel between the United States and Cuba and are consistent with President Trump’s continued efforts to ensure that engagement between the United States and Cuba advances the interests of the United States and the Cuban people, including the mutual interest in facilitating lawful travel and safe civil aviation.2 See 82 FR 48875. Accordingly, this final rule is not 2 National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (June 16, 2017) § 2(d), (f). PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 subject to the 30-day delayed effective date requirement. Additionally, because this rule is not subject to the requirements of 5 U.S.C. 553, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). B. Executive Orders 12866 and 13771 Executive Order 12866 (‘‘Regulatory Planning and Review’’) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Rules involving the foreign affairs function of the United States are exempt from the requirements of Executive Order 12866. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’) requires that whenever an agency promulgates a new regulation, it must identify at least two existing regulations to be repealed. It further directs that any new incremental costs associated with new regulations must be offset by the elimination of existing costs associated with two prior regulations. Pursuant to section 4(a), Executive Order 13771 does not apply to regulations issued with respect to a foreign affairs function of the United States. As discussed above, DHS has concluded that clarifying and simplifying the regulations regarding restrictions on travel between the United States and Cuba is a foreign affairs function of the United States Government. Accordingly, this rule is exempt from the requirements of Executive Orders 12866 and 13771. 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 Regulations For the reasons set forth above, the IFR amending part 122 of the CBP regulations (19 CFR part 122), which E:\FR\FM\25JNR1.SGM 25JNR1 Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules and Regulations was published in the Federal Register at 81 FR 14948 on March 21, 2016, is adopted as a final rule without change. Dated: June 14, 2019. Kevin K. McAleenan, Acting Secretary. [FR Doc. 2019–13431 Filed 6–24–19; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2018–0737; Product Identifier 2017–SW–096–AD; Amendment 39–19661; AD 2019–12–06] RIN 2120–AA64 Airworthiness Directives; Leonardo S.p.A. Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Discussion We are adopting a new airworthiness directive (AD) for Leonardo S.p.A. (type certificate previously held by Finmeccanica S.p.A., AgustaWestland S.p.A.) Model AW139 helicopters. This AD requires inspecting and altering the number 1 driveshaft (driveshaft). This AD was prompted by reports of scratches that were found on the driveshaft. The actions of this AD are intended to address an unsafe condition on these products. DATES: This AD is effective July 30, 2019. The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of July 30, 2019. ADDRESSES: For service information identified in this final rule, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G. Agusta 520, 21017 C. Costa di Samarate (Va) Italy; telephone +39–0331–711756; fax +39–0331–229046; or at https:// www.leonardocompany.com/en/home. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. It is also available on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018– 0737. khammond on DSKBBV9HB2PROD with RULES SUMMARY: Examining the AD Docket You may examine the AD docket on the internet at http:// www.regulations.gov by searching for VerDate Sep<11>2014 20:28 Jun 24, 2019 Jkt 247001 and locating Docket No. FAA–2018– 0737; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-byreference service information, the economic evaluation, any comments received, and other information. The street address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: David Hatfield, Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5110; email david.hatfield@faa.gov. SUPPLEMENTARY INFORMATION: On August 27, 2018, at 83 FR 43561, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to Model AW139 helicopters, serial numbers 31499, 31504, 31507, 31509, 31512, 31518, 31519, 31524, 31529, 31533, 31535 through 31564, 31567, 31569, 31570, 31589, 41363, 41368 through 41370, 41372 through 41375, 41378, 41381, and 41384, with a tunnel assembly part number (P/N) 3G7130A13431 installed. The NPRM proposed to require repetitively inspecting the driveshaft tube P/N 3G6510A00832 for a scratch and indentation. If there is a scratch or indentation, the NPRM proposed to require, before further flight, repairing the driveshaft tube and performing a depth check of the repaired area. Depending on the repaired area depth, the NPRM proposed to require replacing the driveshaft tube and altering the rear exhaust module and tunnel assembly before further flight or performing an eddy current inspection of the tube for a crack. If there is a crack, the NPRM proposed to require replacing the driveshaft tube and altering the rear exhaust module and tunnel assembly before further flight. The NPRM also proposed to require altering the rear exhaust module and tunnel assembly, if not previously done as a result of the inspections, and re-identifying the tunnel assembly P/N after it is altered, which would be terminating action for the repetitive inspections. The proposed requirements were intended to prevent a crack in the driveshaft, failure of the PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 29797 tail rotor drive system, and subsequent loss of control of the helicopter. The NPRM was prompted by AD No. 2017–0011, dated January 25, 2017, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for certain serial-numbered Leonardo S.p.A. (formerly Finmeccanica S.p.A, AgustaWestland S.p.A.) Model AW139 helicopters. EASA advises of several helicopters found with scratches on the driveshaft P/N 3G6510A01132 and that an investigation determined only helicopters equipped with rear exhaust module assembly P/N 3G7810A00431 and tunnel assembly P/ N 3G7130A13431 are affected. According to EASA, the scratches resulted from insufficient clearance between the driveshaft and the rear exhaust module and tunnel assemblies. EASA further advises that if not corrected, these scratches could lead to a crack in the driveshaft, failure of the tail rotor drive system, and subsequent reduced control of the helicopter. Comments We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM. FAA’s Determination These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to our bilateral agreement with the European Union, EASA, has notified us of the unsafe condition described in its AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of the same type designs. Related Service Information Under 1 CFR Part 51 We reviewed Leonardo Helicopters Bollettino Tecnico No. 139–465, Revision A, dated January 25, 2017, which contains procedures for visual and eddy-current inspections of the driveshaft. This service information also contains procedures for modifying the exhaust module and tunnel assembly. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 55 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29795-29797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13431]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / Rules 
and Regulations

[[Page 29795]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 234

U.S. Customs and Border Protection

19 CFR Part 122

[Docket No. USCBP-2016-0015; CBP Decision No. 19-06]
RIN 1651-AB10


Flights To and From Cuba

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule adopts as final, without change, interim amendments 
to the U.S. Customs and Border Protection (CBP) regulations published 
in the Federal Register on March 21, 2016, that removed certain 
provisions regarding flights to and from Cuba that were either obsolete 
due to intervening regulatory changes or were duplicative of 
regulations applicable to all other similarly situated international 
flights.

DATES: This rule is effective on June 25, 2019.

FOR FURTHER INFORMATION CONTACT: Arthur A.E. Pitts, Sr., U.S. Customs 
and Border Protection, Office of Field Operations, by phone at (202) 
344-2752 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 21, 2016, the Department of Homeland Security (DHS) 
published an interim final rule (IFR) in the Federal Register (81 FR 
14948) amending CBP regulations to remove regulations previously 
codified at 19 CFR, part 122, subpart O. The removed regulations 
imposed certain restrictions and reporting requirements on flights to 
and from Cuba. The implementation of robust reporting requirements that 
generally apply to all international flights rendered much of subpart O 
redundant. Additionally, the Department of the Treasury's Office of 
Foreign Assets Control (OFAC) and the Department of Commerce's Bureau 
of Industry and Security (BIS) issued changes to the Cuban Assets 
Control Regulations (CACR) and the Export Administration Regulations 
(EAR) that rendered many sections of subpart O obsolete.\1\
---------------------------------------------------------------------------

    \1\ Following the publication of the IFR, BIS and OFAC published 
additional changes to the CACR and the EAR in order to implement the 
National Security Presidential Memorandum on Strengthening the 
Policy of the United States Toward Cuba (June 16, 2017). See 82 FR 
51983 (Nov. 9, 2017) and 82 FR 51998 (Nov. 9, 2017). These changes 
did not affect provisions related to former subpart O and do not 
require modification to the IFR.
---------------------------------------------------------------------------

    Despite the removal of subpart O, flights to and from Cuba continue 
to be subject to the same entry and clearance requirements in 19 CFR 
part 122 as all other similarly situated international flights. 
Additionally, flights to and from Cuba continue to be subject to other 
legal requirements relating to travel and trade between the United 
States and Cuba including, but not limited to, the CACR and the EAR.
    In the IFR, DHS also amended several provisions of title 8 CFR (8 
CFR 234.2) and title 19 CFR (19 CFR 122.31 and 122.42) to bring these 
sections into conformity with the removal of 19 CFR part 122, subpart 
O.

II. Discussion of Comments

A. Overview

    Although the interim regulatory amendments were promulgated without 
prior public notice and comment procedures pursuant to the foreign 
affairs exemption in 5 U.S.C. 553(a)(1), the IFR provided for the 
submission of public comments that would be considered before adoption 
of the interim regulations as a final rule. The prescribed 30-day 
public comment period closed on April 20, 2016. DHS received 
submissions from 30 commenters.
    The vast majority of commenters supported the removal of subpart O. 
Those commenters supported the removal of subpart O based on the 
expectation that it would benefit the U.S. airline industry and other 
U.S. businesses hoping to expand to Cuba, lower the cost of flights to 
and from Cuba by increasing flight options available to U.S. consumers, 
and potentially lead to future trade agreements and other economic 
cooperation between the United States and Cuba. Three of the commenters 
that supported the rule requested that DHS impose additional 
restrictions on international flights and individuals arriving in the 
United States. Two commenters opposed the IFR due to legal and policy 
concerns regarding Cuba. A summary of the comments and comment 
responses follow.

B. Discussion

    Comment: One commenter expressed concern that the removal of 
subpart O would encourage the spread of communist beliefs and stated 
that DHS should take steps to continue to isolate Cuba. Another 
commenter stated that the removal of subpart O was inconsistent with 
federal laws that restrict trade with Cuba and with CBP's putative duty 
to prevent trade with Cuba. Specifically, it is the position of the 
commenter that section 6063 of title 22 of the U.S. Code prohibits CBP 
from removing subpart O until there is a transition government in place 
in Cuba.
    Response: DHS disagrees that the removal of subpart O is 
inconsistent with U.S. law or CBP's obligations under the law. As noted 
above and explained in detail in the IFR, each section previously 
codified in subpart O is either redundant of other regulatory 
provisions or is obsolete due to intervening regulatory changes issued 
by OFAC and BIS pursuant to OFAC's and BIS's statutory authority to 
regulate travel and trade with Cuba. Additionally, none of the 
regulatory requirements previously codified in subpart O is mandated by 
statute. Rather, subpart O was promulgated pursuant to the Secretary of 
Homeland Security's broad authority to regulate all aircraft arriving 
to and departing from the United States. See 19 U.S.C. 1433, 1644, and 
1644a. The elimination of subpart O, therefore, merely updates CBP's 
regulations to conform to OFAC's and BIS's regulations and does not 
conflict with the existing statutory or regulatory scheme restricting 
travel or trade with Cuba.
    The removal of subpart O also does not conflict with title II of 
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 
Public Law 104-114, sections 201-207, 110 Stat.

[[Page 29796]]

785, 805-814, which includes the provisions codified at 22 U.S.C. 6063. 
Those provisions do not specifically address DHS's authority to 
regulate aircraft flying to or from Cuba. The President is authorized 
to suspend aspects of the economic embargo of Cuba only if certain 
conditions are met, including the determination that ``a transition 
government in Cuba is in power.'' 22 U.S.C. 6064(a). As explained 
above, however, the removal of the provisions in subpart O, which are 
either redundant or obsolete, merely conforms CBP's regulations to the 
BIS and OFAC requirements. It does not affect the existing embargo, and 
therefore does not require a determination that a transition government 
is in power in Cuba.
    Comment: Two commenters expressed support for the removal of 
subpart O but requested that individuals arriving in the United States 
from any foreign place, including individuals arriving from Cuba, be 
subject to criminal background checks in order to enter the United 
States. One commenter requested that additional restrictions be placed 
on flights to and from any foreign place.
    Response: The requirements applicable to foreign individuals 
seeking entry into the United States are beyond the scope of this rule. 
However, DHS notes that despite the removal of subpart O, all travelers 
arriving in the United States from Cuba must still report to a CBP 
officer and undergo a customs and immigration inspection, as required 
by various provisions in the United States Code and titles 8 and 19 and 
of the CFR. DHS and its component agencies also work closely with the 
Department of State and other agencies responsible for enforcing the 
sanctions regime against Cuba, including OFAC and BIS, to ensure that 
individuals on the Specially Designated National (SDN) list are 
prohibited entry into the United States.
    In addition, despite the removal of subpart O, all aircraft 
arriving in the United States from Cuba are subject to the various 
reporting and inspection requirements of title 19 CFR.
    Comment: One commenter requested that DHS amend section 122.153(c) 
of title 19 (19 CFR 122.153) to permit Key West International Airport 
to receive flights to and from Cuba.
    Response: Section 122.153 of title 19 is within subpart O and, 
therefore, has been removed. However, it is not necessary to amend the 
list of airports authorized to accept flights to and from Cuba 
previously contained in 122.153(c) to add Key West International 
Airport, or any other airport, in order for that airport to receive 
flights to and from Cuba. With the removal of subpart O, any airport, 
including Key West International Airport, may request a new 
international flight to or from Cuba under the same procedures and 
requirements applicable to all other similarly situated airports and 
aircraft operators seeking to conduct international flights. In order 
to operate flights between the United States and Cuba, all airports and 
aircraft operators must comply with applicable regulatory requirements 
of DHS and its component agencies, such as CBP, the Transportation 
Security Administration (TSA), U.S. Immigration and Customs Enforcement 
(ICE) and the U.S. Coast Guard, as well as the regulatory requirements 
of OFAC, BIS, and the Department of Transportation's Federal Aviation 
Administration.

III. Conclusions--Regulatory Amendments

    After careful consideration of the comments received, DHS is 
adopting the interim regulations, as set forth in the IFR published in 
the Federal Register at 81 FR 14948 on March 21, 2016, as final without 
change.

Statutory and Regulatory Requirements

A. Statutory Requirements

    The Administrative Procedure Act (APA) requirements in 5 U.S.C. 553 
govern agency rulemaking procedures. Among other procedural 
requirements, the APA generally requires that a final rule have a 30-
day delayed effective date. The APA provides a full exemption from the 
requirements of section 553 for rules involving the foreign affairs 
function of the United States. See 5 U.S.C. 553(a)(1). This final rule 
is excluded from the rulemaking provisions of 5 U.S.C. 553 as a foreign 
affairs function of the United States because it concerns international 
flights between the United States and Cuba, consistent with U.S. 
foreign policy goals. These amendments clarify and simplify the 
regulations regarding air travel between the United States and Cuba and 
are consistent with President Trump's continued efforts to ensure that 
engagement between the United States and Cuba advances the interests of 
the United States and the Cuban people, including the mutual interest 
in facilitating lawful travel and safe civil aviation.\2\ See 82 FR 
48875. Accordingly, this final rule is not subject to the 30-day 
delayed effective date requirement.
---------------------------------------------------------------------------

    \2\ National Security Presidential Memorandum on Strengthening 
the Policy of the United States Toward Cuba (June 16, 2017) Sec.  
2(d), (f).
---------------------------------------------------------------------------

    Additionally, because this rule is not subject to the requirements 
of 5 U.S.C. 553, it is not subject to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).

B. Executive Orders 12866 and 13771

    Executive Order 12866 (``Regulatory Planning and Review'') directs 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits. Rules involving the foreign 
affairs function of the United States are exempt from the requirements 
of Executive Order 12866. Executive Order 13771 (``Reducing Regulation 
and Controlling Regulatory Costs'') requires that whenever an agency 
promulgates a new regulation, it must identify at least two existing 
regulations to be repealed. It further directs that any new incremental 
costs associated with new regulations must be offset by the elimination 
of existing costs associated with two prior regulations. Pursuant to 
section 4(a), Executive Order 13771 does not apply to regulations 
issued with respect to a foreign affairs function of the United States.
    As discussed above, DHS has concluded that clarifying and 
simplifying the regulations regarding restrictions on travel between 
the United States and Cuba is a foreign affairs function of the United 
States Government. Accordingly, this rule is exempt from the 
requirements of Executive Orders 12866 and 13771.

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 Regulations

    For the reasons set forth above, the IFR amending part 122 of the 
CBP regulations (19 CFR part 122), which

[[Page 29797]]

was published in the Federal Register at 81 FR 14948 on March 21, 2016, 
is adopted as a final rule without change.

    Dated: June 14, 2019.
Kevin K. McAleenan,
Acting Secretary.
[FR Doc. 2019-13431 Filed 6-24-19; 8:45 am]
BILLING CODE 9111-14-P