[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Rules and Regulations]
[Pages 50348-50349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19515]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 020509118-2164-02]
RIN 0694-AC62


Revisions and Clarifications to the Export Administration 
Regulations--Chemical and Biological Weapons Controls: Australia Group; 
Chemical Weapons Convention; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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SUMMARY: On Friday, May 31, 2002 (67 FR 37977), the Bureau of Industry 
and Security (BIS) published a final rule that amended the Export 
Administration Regulations (EAR) to implement the understandings 
reached at the October 2001 plenary meeting of the Australia Group 
(AG). The May 31, 2002, final rule contained two errors in the List of 
Items Controlled for Export Control Classification Number (ECCN) 2B350 
on the Commerce Control List (CCL). This document corrects those 
errors.

DATES: This correction is effective August 2, 2002.

FOR FURTHER INFORMATION CONTACT: James Seevaratnam, Office of 
Nonproliferation Controls and Treaty Compliance, Bureau of Industry and 
Security, Telephone: (202) 501-7900.

SUPPLEMENTARY INFORMATION: This document corrects two errors in the 
List of Items Controlled for Export Control Classification Number 
(ECCN) 2B350, which was revised in a final rule that was published by 
the Bureau of Industry and Security (BIS) on May 31, 2002 (67 FR 
37977).
    The supplementary information section of the May 31, 2002, rule 
stated that BIS was revising ECCN 2B350 to control exports and 
reexports of critical components of certain AG-controlled chemical 
manufacturing equipment listed in that ECCN and also indicated that 
these critical components included the following: casings (valve 
bodies) or preformed casing liners designed for valves controlled by 
2B350.g. The May 31, 2002, rule inadvertently omitted

[[Page 50349]]

these critical valve components from the introductory text of paragraph 
(g) in the List of Items Controlled for ECCN 2B350. This document 
corrects that oversight.
    The May 31, 2002, rule also contained a minor typographical error 
in the List of Items Controlled for ECCN 2B350. The introductory text 
of 2B350.i used the phrase ``casing (pump bodies)'' to describe certain 
critical pump components controlled under 2B350.i. The phrase should 
have read: ``casings (pump bodies)''. This document corrects that 
error.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person 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 currently valid OMB Control Number. This rule 
contains collections of information subject to the requirements of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
collections have been approved by the Office of Management and Budget 
under Control Numbers 0694-0088 and 0694-0117.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    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 (Sec. 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 final 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.
    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 Willard 
Fisher, Regulatory Policy Division, Bureau of Industry and Security, 
U.S. Department of Commerce, Room 2705, 14th Street and Pennsylvania 
Avenue, NW., Washington, DC 20230.

    According, in the final rule, FR Doc. 02-13581, published at 67 FR 
37977, make the following corrections:

PART 774--[CORRECTED]

Supplement No. 1 to Part 774--[Corrected]

    1. On page 37988, first column, in ECCN 2B350, in the List of Items 
Controlled, paragraph g. (which includes g.1 through g.7) is corrected 
to read as follows:

2B350  Chemical manufacturing facilities and equipment, as follows (see 
List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    g. Valves with nominal sizes greater than 1.0 cm ( \3/8\ in.), and 
casings (valve bodies) or preformed casing liners designed for such 
valves, in which all surfaces that come in direct contact with the 
chemical(s) being processed or contained are made from any of the 
following materials:
    g.1. Nickel or alloys with more than 40% nickel by weight;
    g.2. Alloys with more than 25% nickel and 20% chromium by weight;
    g.3. Fluoropolymers;
    g.4. Glass or glass lined (including vitrified or enameled 
coatings);
    g.5. Tantalum or tantalum alloys;
    g.6. Titanium or titanium alloys; or
    g.7. Zirconium or zirconium alloys.
* * * * *

    2. On page 37988, first column, in ECCN 2B350, in the List of Items 
Controlled, in paragraph i. introductory text, line 8, the word 
``casing'' is corrected to read ``casings''.

    Dated: July 26, 2002.
James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 02-19515 Filed 8-1-02; 8:45 am]
BILLING CODE 3510-33-P