Flights To and From Cuba

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

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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