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[Federal Register: October 3, 2000 (Volume 65, Number 192)]
[Rules and Regulations]               
[Page 58902-58903]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc00-3]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 234

[INS No. 2045-00]
RIN 1115-AF72

 
Landing Requirements for Passengers Arriving From Cuba

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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

SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations by providing that aircraft and passengers 
arriving in the United States from Cuba must enter the United States at 
either the John F. Kennedy International Airport, Jamaica, New York, 
Los Angeles International Airport, Los Angeles, California or the Miami 
International Airport, Miami, Florida unless advance permission to land 
elsewhere has been obtained from the Office of Field Operations at 
Headquarters.
    This rule is necessary to facilitate licensed travel to and from 
Cuba, including family reunification for Cuban resident aliens and 
United States citizens of Cuban heritage living in U.S. cities other 
than in South Florida.

DATES: This rule is effective October 3, 2000.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Tisdale, Assistant Chief 
Inspector, Immigration and Naturalization Service, 425 I Street, NW., 
Room 4064, Washington, DC 20536, telephone number (202) 514-0912.

SUPPLEMENTARY INFORMATION:

What Are the Present Requirements Regarding the Location and 
Inspection of Flights From Cuba?

    Section 234.2(a) provides that:
     Aircraft carrying passengers or crew who are required to 
be inspected under section 235 of the Immigration and Nationality Act 
(Act) on flights originating in Cuba shall land only at Fort 
Lauderdale-Hollywood Airport, Fort Lauderdale, Florida, unless
     Advance permission to land elsewhere has been obtained 
from the District Director of the Immigration and Naturalization 
Service at Miami, Florida.

Why Are Flights From Cuba Being Allowed To Land at Other Airports?

    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 United 
States in addition to South Florida. 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 the United States cities other than in the Miami/
Fort Lauderdale area.

What Airports Are Being Designated Under This Rule?

    Section 235.2(a) is being amended to allow direct flights from Cuba 
to land at:
     John F. Kennedy International Airport, Jamaica, New York,
     Los Angeles International Airport, Los Angeles California, 
or
     Miami International Airport, Miami, Florida.

Will Flights From Cuba Be Allowed To Land at Any Other Airports in 
the United States, Particularly Fort Lauderdale?

    No, direct flights will not be allowed to land at any other airport 
in the United States, including Fort Lauderdale, unless advance 
permission to land elsewhere has been obtained from the Office of Field 
Operations at Headquarters.

Have Other Agencies Acted on the President's Announcement?

    The Department of State and the National Security Council have 
specifically directed that direct charter passenger flights by persons 
who possess a valid Office of Foreign Assets Control Carrier Service 
Provider authorization may operate between Cuba and John F. Kennedy 
International Airport, Jamaica, New York, Los Angeles International 
Airport, Los Angeles, California, or Miami International Airport, 
Miami, Florida.

[[Page 58903]]

    The United States Customs Service amended its regulations at 19 CFR 
122.153 and 122.154 to permit travel to the same three designated 
airports in a final rule published in the Federal Register on October 
4, 1999, at 64 FR 53627.

Good Cause Exception

    Pursuant to the provisions of 5 U.S.C. 553(a)(1), public notice and 
comment procedure is not applicable to this rule because this rule 
falls within the foreign affairs function of the United States. As 
previously 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 as part of a humanitarian effort 
designed to reach out and ease the plight of the Cuban people. Because 
this document is not subject to the requirements of 5 U.S.C. 553, 
delayed effective date requirements are not applicable.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and, by approving it, certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule affects individuals and families and is 
intended to facilitate licensed travel to and from Cuba.

Executive Order 12866

    This rule is not considered by the Department of Justice, 
Immigration and Naturalization Service, to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review, and the Office of Management and Budget 
has waived its review process under section 6(a)(3)(A).

Executive Order 13132

    This regulation will not have substantial direct effect on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100 million or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Executive Order 12988, Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

List of Subjects in 8 CFR Part 234

    Administrative practice and procedure, Aliens Passports and visas.


    Accordingly, part 234 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 234--DESIGNATION OF PORTS OF ENTRY FOR ALIENS ARRIVING BY 
CIVIL AIRCRAFT

    1. The authority citation for part 234 continues to read as 
follows;

    Authority: 8 U.S.C. 1103, 1221, 1229; 8 CFR part 2.


    2. In Sec. 234.2, paragraph (a) is amended by revising the last 
sentence to read as follows:


Sec. 234.2  Landing requirements.

    (a) * * * Notwithstanding the foregoing, aircraft carrying 
passengers and crew required to be inspected under the act on flights 
originating in Cuba shall land only at John F. Kennedy International 
Airport, Jamaica, New York; the Los Angeles International Airport, Los 
Angeles, California; or the Miami International Airport, Miami, 
Florida, unless advance permission to land elsewhere has been obtained 
from the Office of Field Operations at Headquarters.
* * * * *

    Dated: March 28, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-25319 Filed 10-2-00; 8:45 am]
BILLING CODE 4410-10-M




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