Exports and Reexports for Syrian Civilian Passenger Aircraft Safety of Flight

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 742

[Docket No. 990902243-9243-01]

RIN 0694-AB92

Exports and Reexports for Syrian Civilian Passenger Aircraft

Safety of Flight

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Interim rule with request for comments.

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

SUMMARY: The Bureau of Export Administration is amending the Export

Administration Regulations (EAR) by revising the license review policy

for the export and reexport of certain aircraft parts and components to

ensure safety of flight for civil passenger aircraft. License

applications for the export and reexport of aircraft parts and

components for Syrian civil passenger aircraft will be reviewed on a

case-by-case basis with a presumption of approval.

DATES: Effective Date: This rule is effective September 16, 1999.

Comment Dates: Comments on this rule must be received on or before

November 1, 1999.

ADDRESSES: Written comments on this rule should be sent to Kirsten

Mortimer, Regulatory Policy Division, Bureau of Export Administration,

Department of Commerce, PO Box 273, Washington, DC 20044.

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

Strategic and Foreign Policy Controls, Bureau of Export Administration,

Telephone: (202) 482-4196.

SUPPLEMENTARY INFORMATION: All aircraft, helicopters, engines and

related spare parts and components require a license for export or

reexport to Syria. A license review policy of general denial applies to

such exports. However, as part of the U.S. Government's commitment to

safety of civil aviation, BXA, in consultation with other agencies, has

licensed the export and reexport of certain aircraft parts and

components to Syria for the safe operation of Syrian-owned civil

passenger aircraft. BXA is revising Sec. 742.9(b)(1)(iv) of the EAR to

reflect the policy of approval for aircraft parts necessary to ensure

the airworthiness of commercial passenger aircraft and the safety of

civil aviation. BXA will review license applications for Syrian civil

passenger aircraft in commercial service on a case-by-case basis, with

a presumption of approval. BXA maintains the general policy of denial

for the export or reexport of aircraft parts and components to Syria

destined to non-civil end-uses and/or end-users.

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 Export Administration Regulations and,

to the extent permitted by law, the provisions of the EAA 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, August 13, 1999).

Rulemaking Requirements

1. This interim rule has been determined to be not significant for

purposes of E.O. 12866.

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

required to, nor shall any person be subject to a penalty for failure

to comply with a collection of information, subject to the Paperwork

Reduction Act (PRA), unless that collection of information displays a

currently valid OMB Control Number. This rule involves a collection of

information approved by the Office of Management and Budget under

control number 0694-0088, ``Multi-Purpose

[[Page 50248]]

Application,'' which carries a burden hour estimate of 40 minutes per

electronic submission and 45 minutes for a manual submission. These

estimates include the time for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed, and

completing and reviewing the collections of information. Send comments

regarding these burden estimates or any other aspect of these

collections of information, including suggestions for reducing the

burden, to OMB Desk Officer, New Executive Office Building, Washington,

DC 20503; and to the Regulatory Policy Division, Bureau of Export

Administration, Department of Commerce, PO Box 273, Washington, DC

20044.

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 (5 U.S.C.

553) requiring notice of proposed rulemaking, the opportunity for

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

because this regulation involves a military and foreign affairs

function of the United States. See 5 U.S.C. 553(a)(1). Further, no

other law requires that a notice of proposed rulemaking and an

opportunity for public comment be given for this interim rule. Because

a notice of proposed rulemaking and an opportunity for public comment

are not required to be given for this rule under 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 not applicable.

However, because of the importance of the issues raised by these

regulations, this rule is being issued in interim form and BXA will

consider comments in the development of the final regulations.

Accordingly, the Department encourages interested persons who wish

to comment to do so at the earliest possible time to permit the fullest

consideration of their views.

The period for submission of comments will close November 1, 1999.

The Department will consider all comments received before the close of

the comment period in developing final regulations. Comments received

after the end of the comment period will be considered if possible, but

their consideration cannot be assured. The Department will not accept

public comments accompanied by a request that a part or all of the

material be treated confidentially because of its business proprietary

nature or for any other reason. The Department will return such

comments and materials to the persons submitting the comments and will

not consider them in the development of final regulations. All public

comments on these regulations will be a matter of public record and

will be available for public inspection and copying. In the interest of

accuracy and completeness, the Department requires comments in written

form.

Oral comments must be followed by written memoranda, which will

also be a matter of public record and will be available for public

review and copying. Communications from agencies of the United States

Government or foreign governments will not be available for public

inspection. The public record concerning these regulations will be

maintained in the Bureau of Export Administration Freedom of

Information Records Inspection Facility, Room 6883, Department of

Commerce, 14th Street and Pennsylvania Avenue, NW, Washington, DC

20230. Records in this facility, including written public comments and

memoranda summarizing the substance of oral communications, may be

inspected and copied in accordance with regulations published in part 4

of Title 15 of the Code of Federal Regulations. Information about the

inspection and copying of records at the facility may be obtained from

the Bureau of Export Administration Freedom of Information Officer, at

the above address or by calling (202) 482-0500.

List of Subjects in 15 CFR Part 742

Exports, Foreign trade.

Accordingly, part 742 of the Export Administration Regulations (15

CFR parts 730-799) is amended as follows:

PART 742--[AMENDED]

1. The authority citation for part 742 is revised to read as

follows:

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

18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;

E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58

FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR,

1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.

950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of

November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 305; Notice of

August 10, 1999, 64 FR 44101 (August 13, 1999).

2. Section 742.9(b)(1)(iv) is revised to read as follows:

Sec. 742.9 Anti-Terrorism: Syria.

* * * * *

(b) * * *

(1) * * *

(iv) All aircraft (powered and unpowered), helicopters, engines,

and related spare parts and components, except that parts and

components intended to ensure the safety of civil aviation and the safe

operation of commercial passenger aircraft will be reviewed on a case-

by-case basis, with a presumption of approval. These are items

controlled to any destination for national security and missile

technology reasons and items controlled to Syria for anti-terrorism

purposes. Such items contain an NS Column 1, NS Column 2, MT Column 1,

or AT Column 1 in the Country Chart column of the ``License

Requirements'' section of an ECCN on the CCL. Note that, consistent

with the general rule that applies to computing U.S. parts and

components content incorporated into foreign made products, all

aircraft-related items that require a license to Syria will be included

as controlled U.S. content, except for ECCNs 6A998, 7A994, and 9A991.d,

for purposes of such licensing requirements.

* * * * *

R. Roger Majak,

Deputy Assistant Secretary for Export Administration.

[FR Doc. 99-24203 Filed 9-15-99; 8:45 am]

BILLING CODE 3510-33-P