Lifting of Shipping Restrictions to Vietnam

DEPARTMENT OF COMMERCE

DEPARTMENT OF TRANSPORTATION

44 CFR Part 403

[Docket No. 49421]

RIN 2105-AC04

Lifting of Shipping Restrictions to Vietnam

AGENCY: Office of the Secretary, DOT, and Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Departments of Commerce and Transportation imposed a

shipping restriction prohibiting any ships documented under the laws of

the United States or any aircraft registered under the laws of the

United States from transporting goods or traveling to Vietnam. On

February 3, 1994, President Clinton announced the lifting of the ban on

Vietnam. Pursuant to the President's announcement, the restriction in

the regulation is being removed.

EFFECTIVE DATE: 5:05 p.m. EST, February 3, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher (Kip) Tourtellot,

Office of General Counsel for International Law, U.S. Department of

Transportation, 400 7th Street, SW., Washington, DC 20590. Telephone:

(202) 366-2972. Anne Connaughton, Department of Commerce, Office of the

Chief Counsel for Export Administration, 14th & Constitution Avenue,

NW., room 3839, Washington, DC 20230. Telephone: (202) 482-5304.

SUPPLEMENTARY INFORMATION: 44 CFR part 403 currently imposes a shipping

restriction prohibiting any ships documented under the laws of the

United States or any aircraft registered under the laws of the United

States from transporting goods or traveling to North Korea and Vietnam.

On February 3, 1994, President Clinton signed a memorandum directing

the Secretary of State, the Secretary of Treasury, and the Secretary of

Commerce to lift the embargo against Vietnam.

Pursuant to the President's memorandum, the Departments of Commerce

and Transportation are revising their regulations to reflect this

change in policy, effective at the time of the President's

announcement. 44 CFR part 403 is being revised to remove all references

to Vietnam.

Pursuant to the foreign affairs exception in title 5 U.S.C.

553(a)(1), this rulemaking is exempt from the Administrative Procedure

Act.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-

511), there are no requirements for information collection associated

with this final rule.

National Environmental Policy Act

DOT has also analyzed this final rule under the National

Environmental Policy Act and determined that it will not have a

significant impact on the human environment.

Executive Order 12612 (Federalism)

Finally, DOT has analyzed this rule in accordance with the

principles and criteria contained in E.O. 12612, and has determined

that this rule will not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

List of Subjects in 44 CFR Part 403

Shipping restrictions.

PART 403--SHIPPING RESTRICTIONS; NORTH KOREA

In consideration of the foregoing, 44 CFR Part 403 is amended as

follows:

1. The authority citation for part 403 of title 44 continues to

read as follows:

Authority: Sec. 704, 64 Stat. 816, as amended; 50 U.S.C. App.

2154. Interpret or apply sec. 101, 64 Stat. 799, as amended; 50

U.S.C. App. 2071; E.O. 10480, 18 FR 4939, 3 CFR 1953. Supp.; and

sec. 4(a) Pub. L. 89-670, 80 Stat. 933; 49 U.S.C. 1653.

2. Section 403.1 is revised to read as follows:

Sec. 403.1 Prohibition of movement of American carriers to North

Korea.

No person shall sail, fly, navigate, or otherwise take any ship

documented under the laws of the United States or any aircraft

registered under the laws of the United States to North Korea.

3.Section 403.2 is revised to read as follows:

Sec. 403.2 Prohibition on transportation of goods destined for North

Korea.

No person shall transport, in any ship documented under the laws of

the United States, or in any aircraft registered under the laws of the

United States, to North Korea, any material, commodity, or cargo of any

kind. No person shall take on board any ship documented under the laws

of the United States or any aircraft registered under the laws of the

United States any material, commodity, or cargo of any kind if that

person knows or has reason to believe that the material, commodity, or

cargo is destined, directly or indirectly for North Korea. No person

shall discharge from any ship documented under the laws of the United

States or from any aircraft registered under the laws of the United

States, at any place other than the port where the cargo was loaded, or

within territory under the jurisdiction of the United States any

material, commodity, or cargo of any kind which that person knows or

has reason to believe is destined for North Korea.

Issued in Washington, DC.

Dated: February 16, 1994.

Iain S. Baird,

Deputy Assistant Secretary for Export Administration, Department of

Commerce.

Patrick V. Murphy,

Acting Assistant Secretary for Policy and International Affairs,

Department of Transportation.

[FR Doc. 94-3995 Filed 2-17-94; 12:13 pm]

BILLING CODE 4910-62-M