[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 38164-38165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15217]


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

DEPARTMENT OF COMMERCE

DEPARTMENT OF TRANSPORTATION

44 CFR Part 403

RIN 2105-AC70


Repeal of Traffic Restrictions to North Korea

AGENCY: Department of Commerce and Department of Transportation.

ACTION: Final rule.

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

SUMMARY: The Departments of Transportation and Commerce maintain joint 
restrictions on shipping to North Korea, prohibiting any ships 
documented under the laws of the United States or any aircraft 
registered under the laws of the United States from engaging in 
transportation to and from North Korea. In view of the President's 
recent decision to ease certain sanctions against North Korea, the two 
departments are repealing the restrictions. This action requires a 
change to the Code of Federal Regulations.

DATES: This final rule is effective June 19, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher T. Tourtellot, Office 
of the Assistant General Counsel for International Law, U.S. Department 
of Transportation, 400 Seventh Street SW., Washington, DC 20590. 
Telephone: (202) 366-9183. Ms. Rochelle Woodard, Department of 
Commerce, Office of the Chief Counsel for Export Administration, Room 
3839, 14th Street & Constitution Avenue NW., Washington, DC 20230. 
Telephone: (202) 482-5304.

SUPPLEMENTARY INFORMATION: The regulations in 44 CFR Part 403 
(Transportation Order T-2), which are the joint responsibility of the 
Departments of Transportation and Commerce, currently impose a shipping 
restriction that prohibits any ships documented under the laws of the 
United States or any aircraft under the laws of the United States from 
engaging in transportation to and from North Korea.
    On September 17, 1999, the President announced his intention to 
ease certain sanctions against North Korea in order to pursue improved 
relations. There is also a need to facilitate transportation to and 
from North Korea in support of the Agreed Framework of October 1994.
    To accomplish this goal, the Departments of Transportation and 
Commerce are repealing Order T-2, 44 CFR Part 403, the effect of which 
is to permit any ships documented under the laws of the United States 
and any aircraft registered under laws of the United States to engage 
in transportation to and from North Korea, subject to applicable 
regulatory restrictions such as the transportation and export control 
regulations.
    This is being released as a final rule. Prior notice and 
opportunity for public comment are not required to be provided for this 
rule pursuant to the military and foreign affairs exemption contained 
in 5 U.S.C. 553(a)(1). Therefore, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. 
Because of the need to facilitate transportation to and from North 
Korea, especially the delivery of humanitarian aid, and because of the 
need to support the Agreed Framework to pursue improved relations with 
North Korea in furtherance of United States foreign policy, we are 
making the rule effective on less than 30-day's notice.

International Trade Impact Statement

    This final regulation applies to all United States air carriers and 
shipping lines, as well as all privately owned aircraft and ships that 
are documented or registered under the laws of the United States. The 
rule should improve United States companies' ability to compete in 
international markets and to participate in trade and travel in the 
North Korea market. The overall level of travel to and from the United 
States is not expected to be significantly affected.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking affects other federal agencies and involves 
important matters of public policy, and is therefore significant under 
DOT Policies and Procedures. It is also a significantly regulatory 
action for the purposes of Executive Order 12866.

Economic Analysis

    The repeal of the regulation will have only the smallest economic 
impact on affected parties. Given this de minimis effect, the 
Department finds that further economic analysis is unnecessary.

Paperwork Reduction Act

    The repeal of this rule will not alter any recordkeeping or 
reporting requirements.

Other Executive Orders

    The repeal of this rule will not implicate any interests affected 
by the provisions of Executive Order 12630, Government Actions and 
Interference with Constitutionally Protected Property Rights; Executive 
Order 12988, Civil Justice Reform; or Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks.

Federalism Implications

    The repeal of this regulation has no direct impact on the 
individual states, on the balance of power in their respective 
governments, or on the burden of responsibilities assigned them by the 
national government. In accordance with Executive Order 13132 
consultation with state and local governments is, therefore, not 
required.

Unfunded Mandates Reform Act of 1995

    The repeal of this rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more to either state, local, or tribal governments, in 
the aggregate, or on the private sector.

List of Subjects in 44 CFR Part 403

    Air carriers, Korea, Democratic Peoples Republic of, Maritime 
carriers, Reporting and recordkeeping requirements.

    Accordingly, under the authority of 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.; sec. 4(a) Pub. L. 89-670, 80 Stat. 933; 49 U.S.C. 1653; and the 
authority delegated by 49 CFR 1.56a(c) for the Department of 
Transportation; and as discussed in the Supplementary Information, 
amend 44 CFR Chapter IV as follows:

PART 403--[REMOVED]

    1. Part 403 is removed.


[[Page 38165]]


    Dated: May 23, 2000.
Iain S. Baird,
Deputy Assistant Secretary for Export Administration, Department of 
Commerce.

    Dated: June 9, 2000.
A. Bradley Mims,
Deputy Assistant Secretary for Aviation and International Affairs, 
Department of Transportation.
[FR Doc. 00-15217 Filed 6-16-00; 8:45 am]
BILLING CODE 4910-62-M