[Federal Register: June 19, 2000 (Volume 65, Number 118)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
DEPARTMENT OF TRANSPORTATION
44 CFR Part 403
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
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.
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.
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
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.
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
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:
1. Part 403 is removed.
Dated: May 23, 2000.
Iain S. Baird,
Deputy Assistant Secretary for Export Administration, Department of
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
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