17548 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations

prepare a recommended decision for

consideration by the Commission.

(b) When an administrative law judge

certifies a matter for interlocutory

review under § 1603.213, the

Commission may, in its discretion, issue

a decision on the matter or send the

matter back to the administrative law

judge without decision.

(c) The Commission will not accept or

consider new evidence on appeal unless

the Commission, in its discretion,

reopens the record on appeal.

(d) The decision of the Commission

on appeal shall be its final order and

shall be served on all parties.

(e) In the absence of a timely appeal

under § 1603.302, the decision of the

administrative law judge under

§ 1603.217 or a dismissal under

§ 1603.107 shall become the final order

of the Commission. A final order under

this paragraph shall not have

precedential significance.

§ 1603.305 Modification or withdrawal of

Commission decision.

At any time, the Commission may

modify or withdraw a decision for any

reason provided that no petition for

review in a United States Court of

Appeals has been filed.

§ 1603.306 Judicial review.

Any party to a complaint who is

aggrieved by a final decision under

§ 1603.304 may obtain a review of such

final decision under chapter 158 of title

28 of the United States Code by filing

a petition for review with a United

States Court of Appeals within 60 days

after issuance of the final decision. Such

petition for review should be filed in the

judicial circuit in which the petitioner

resides, or has its principal office, or in

the United States Court of Appeals for

the District of Columbia Circuit.

[FR Doc. 97–9162 Filed 4–9–97; 8:45 am]

BILLING CODE 6570–06–P

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 500

Foreign Assets Control Regulations:

Overflight Payments to North Korea

AGENCY: Office of Foreign Assets

Control, Treasury.

ACTION: Final rule; amendment.

SUMMARY: This rule amends the Foreign

Assets Control Regulations to authorize

by general license payments with

respect to the provision of services by

North Korea in connection with the

overflight of North Korea or emergency

landings in North Korea by aircraft

owned or controlled by a person subject

to the jurisdiction of the United States

or registered in the United States.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Steven I. Pinter, Chief of Licensing, tel.:

202/622–2480, or William B. Hoffman,

Chief Counsel, tel.: 202/622–2410,

Office of Foreign Assets Control,

Department of the Treasury,

Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem, dial 202/

512–1387 and type ‘‘/GO FAC,’’ or call

202/512–1530 for disk or paper copies.

This file is available for downloading

without charge in WordPerfect 5.1,

ASCII, and Adobe AcrobatTM readable

(*.PDF) formats. For Internet access, the

address for use with the World Wide

Web (Home Page), Telnet, or FTP

protocol is: fedbbs.access.gpo.gov. The

document is also accessible for

downloading in ASCII format without

charge from Treasury’s Electronic

Library (‘‘TEL’’) in the ‘‘Business, Trade

and Labor Mall’’ of the FedWorld

bulletin board. By modem, dial 703/

321–3339, and select the appropriate

self–expanding file in TEL. For Internet

access, use one of the following

protocols: Telnet = fedworld.gov

(192.239.93.3); World Wide Web (Home

Page) = http://www.fedworld.gov; FTP

= ftp.fedworld.gov (192.239.92.205).

Additional information concerning the

programs of the Office of Foreign Assets

Control is available for downloading

from the Office’s Internet Home Page:

http://www.ustreas.gov/treasury/

services/fac/fac.html, or in fax form

through the Office’s 24–hour fax–on–

demand service: call 202/622–0077

using a fax machine, fax modem, or

(within the United States) a touch–tone

telephone.

Background

As part of the October 21, 1994

United States–Democratic People’s

Republic of Korea Agreed Framework,

the United States undertook to ease

economic sanctions against North

Korea. As a measure consistent with this

foreign policy, the Treasury Department

is amending the Foreign Assets Control

Regulations, 31 CFR part 500 (the

‘‘Regulations’’), by adding § 500.585 to

authorize, by general license, the

payment of fees with respect to the

provision of services by North Korea in

connection with the overflight of North

Korea or emergency landings in North

Korea by aircraft owned or controlled by

a person subject to the jurisdiction of

the United States or registered in the

United States.

Because the Regulations involve a

foreign affairs function, Executive Order

12866 and the provisions of the

Administrative Procedure Act, 5 U.S.C.

553, requiring notice of proposed

rulemaking, opportunity for public

participation, and delay in effective date

are inapplicable. Because no notice of

proposed rulemaking is required for this

rule, the Regulatory Flexibility Act, 5

U.S.C. 601–612, does not apply.

List of Subjects in 31 CFR Part 500

Administrative practice and

procedure, Banks, banking, Blocking of

assets, Cambodia, Exports, Finance,

Foreign claims, Foreign investment in

the United States, Foreign trade,

Imports, Information and informational

materials, International organizations,

North Korea, Penalties, Reporting and

recordkeeping requirements, Securities,

Services, Specially designated nationals,

Terrorism, Travel restrictions, Trusts

and estates, Vietnam.

For the reasons set forth in the

preamble, 31 CFR part 500 is amended

as set forth below:

1. The authority citation for part 500

is revised to read as follows:

Authority: 50 U.S.C. App. 1–44; Pub. L.

101-410, 104 Stat. 890 (28 U.S.C. 2461 note);

Pub. L. 104-132, 110 Stat. 1214, 1254 (18

U.S.C. 2332d); E.O. 9193, 7 FR 5205, 3 CFR,

1938–1943 Comp., p. 1174; E.O. 9989, 13 FR

4891, 3 CFR, 1943–1948 Comp., p. 748.

Subpart E—Licenses, Authorizations,

and Statements of Licensing Policy

2. Section 500.585 is added to read as

follows:

§ 500.585 Payments for services rendered

by North Korea to United States aircraft

authorized.

Payments to North Korea of charges

for services rendered by the Government

of North Korea in connection with the

overflight of North Korea or emergency

landing in North Korea by aircraft

owned or controlled by a person subject

to the jurisdiction of the United States

or registered in the United States are

authorized.

Dated: March 24, 1997.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: March 31, 1997.

James E. Johnson,

Assistant Secretary (Enforcement).

[FR Doc. 97–9206 Filed 4–7–97; 12:05 pm]

BILLING CODE 4810–25–F