Reexports to Libya of Foreign Registered Aircraft Subject to the Export Administration Regulations

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 746

[Docket No. 990827238-9238-01]

RIN 0694-AB94

Reexports to Libya of Foreign Registered Aircraft Subject to the

Export Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration (BXA) is amending the

Export Administration Regulations (EAR) by reinstating provisions of

License Exception AVS for temporary reexports to Libya of foreign

registered aircraft subject to the EAR. This limited action is taken in

response to suspended United Nations sanctions.

DATES: This rule is effective April 5, 1999.

FOR FURTHER INFORMATION CONTACT: James A. Lewis, Office of Strategic

Trade and Foreign Policy Controls, Bureau of Export Administration,

Telephone: (202) 482-4196.

SUPPLEMENTARY INFORMATION:

Background

On April 5, 1999, the United Nations Security Council (UNSC)

suspended the sanctions against Libya set forth in UNSC resolutions 748

and 883. In light of this suspension, the United States has taken

action that will allow, under License Exception AVS, the temporary

reexport to Libya of foreign registered aircraft subject to the EAR.

Foreign registered aircraft meeting all the temporary sojourn

requirements of License Exception AVS may fly from foreign countries to

Libya without obtaining prior written authorization from BXA. This

action is limited in scope and in no way impacts other U.S. sanctions

against Libya. Note that License Exception AVS remains unavailable for

U.S. registered aircraft.

Although the Export Administration Act (EAA) expired on August 20,

1994, the President invoked the International Emergency Economic Powers

Act and continued in effect the EAR, and to the extent permitted by

law, the provisions of the EAA, as amended, in Executive Order 12924 of

August 19, 1994, as extended by the President's notices of August 15,

1995 (60 FR 42767), August 14, 1996 (61 FR 42527) August 13, 1997 (62

FR 43629), August 13, 1998 (63 FR 44121), and August 10, 1999 (64 FR

44101).

Rule Making Requirements

1. This final rule has been determined to be non-significant for

purposes of E.O. 12866.

2. Notwithstanding any other provision of law, no person is

required to respond to nor be subject to a penalty for failure to

comply with a collection of information subject to the requirements of

the Paperwork Reduction Act unless that collection of information

displays a current valid OMB Control Number. This regulation does not

involve any paperwork collections.

3. This rule does not contain policies with Federalism implications

sufficient to warrant preparation of a Federalism assessment under

Executive Order 12612.

4. The provisions of the Administrative Procedure Act requiring

notice of proposed rulemaking, the opportunity for public

participation, and a delay in effective date, are inapplicable because

this regulation involves a military or foreign affairs function of the

United States (see 5 U.S.C. 553(a)(1)). Further, no other law

[[Page 49383]]

requires that a notice of proposed rulemaking and an opportunity for

public comment be given for this rule. Because a notice of proposed

rule making and opportunities for public comment are not required to be

given for this rule by 5 U.S.C. 553, or by any other law, the

analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable. Therefore, this regulation is issued in

final form. Although there is no formal comment period, public comments

on this regulation are welcome on a continuing basis. Comments should

be submitted to Frank J. Ruggiero, Office of Exporter Services, Bureau

of Export Administration, Department of Commerce, P.O. Box 273,

Washington, D.C. 20044.

List of Subjects in 15 CFR Parts 746

Embargoes, Exports, Foreign trade, Reporting and recordkeeping

requirements.

Accordingly, Part 746 of the Export Administration Regulations (15

CFR Parts 730-774) is amended to read as follows:

1. The authority citation for 15 CFR Part 746 is revised to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

22 U.S.C. 287c; 22 U.S.C. 6004; E.O. 12854, 58 FR 36587, 3 CFR 1993

Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899;

E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p.917; E.O. 13088, 63 FR

32109, 3 CFR, 1998 Comp., p. 191; E.O. 13121 of April 30, 1999, 64

FR 24021 (May 5, 1999); Notice of August 10, 1999, 64 FR 44101

(August 13, 1999).

PART 746--[AMENDED]

2. Section 746.4 is amended by revising paragraph (b)(2)(ii)(G) to

read as follows:

Sec. 746.4 Libya

* * * * *

(b) * * *

(2) * * *

(ii) * * *

(G) Aircraft and vessels (AVS) for vessels only (see Sec. 740.15

(c)(1) of the EAR), and temporary reexports of foreign registered

aircraft (see Sec. 740.15 (a)(4) of the EAR).

* * * * *

Dated: September 7, 1999.

Iain S. Baird,

Deputy Assistant Secretary for Export Administration.

[FR Doc. 99-23785 Filed 9-10-99; 8:45 am]

BILLING CODE 3510-33-P