[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49382-49383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23785]


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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