Exports and Reexports for Syrian Civilian Passenger Aircraft Safety of Flight

[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Rules and Regulations]
[Pages 50247-50248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24203]


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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.

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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