[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Rules and Regulations]
[Pages 70157-70158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29512]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 021108271-2271-01]
RIN 0694-AC72


Corrections to Rule Entitled: Missile Technology Production 
Equipment and Facilities

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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SUMMARY: On September 18, 2002, the Bureau of Industry and Security 
(BIS) published a final rule clarifying that all missile technology 
(MT) production equipment and facilities are controlled on the Commerce 
Control List. This rule corrects errors in the List of Items Controlled 
sections.

DATES: This rule is effective November 21, 2002.

FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich in the Office of 
Exporter Services, Bureau of Industry and Security, at (202) 482-2440.

SUPPLEMENTARY INFORMATION: This document corrects two errors in the 
List of Items Controlled sections for Export Controlled Classification 
Numbers (ECCNs) 9B115 and 9B116, which were revised in a final rule 
that was published by the Bureau of Industry and Security (BIS) on 
September 18, 2002 (67 FR 58691).
    The SUPPLEMENTARY INFORMATION section of the September 18, 2002 
rule stated that BIS was revising the headings for ECCNs 9B115 and 
9B116 and adding a List of Items Controlled section to those ECCNs to 
clarify that all missile technology production equipment and facilities 
are subject to the Export Administration Regulations (EAR) and 
controlled on the Commerce Control List (CCL). The September 18, 2002 
rule inadvertently omitted ECCN 9A011 from the List of Items Controlled 
sections of ECCNs 9B115 and 9B116, although it appears in the headings 
of those ECCNs. This document corrects that oversight.
    In addition, this rule corrects for an inadvertent omission by 
adding the

[[Page 70158]]

``Related Definitions'' paragraph for these respective ECCNs.

Rulemaking Requirements

    1. This final 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 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 Office of Management and Budget 
Control Number. This rule involves a collection of information subject 
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This 
collection has been approved by the Office of Management and Budget 
under control number 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 45 minutes for a manual submission 
and 40 minutes for an electronic submission.
    3. This rule does not contain policies with Federalism implications 
as this term is defined under E.O. 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 (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 the Administrative Procedure 
Act 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 Matthew Blaskovich, 
Office of Exporter Services, Bureau of Industry and Security, 
Department of Commerce, P.O. Box 273, Washington, DC 20044, or 
[email protected]. Accordingly, in the final rule FR Doc. 02-23716 
(Doc. 020830206-2206-01) published at 67 FR 58691, make the following 
corrections:

PART 774--[CORRECTED]

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

    1. On page 58692, third column, in the List of Items Controlled for 
ECCN 9B115, the following paragraphs are corrected to read as follows:
    9B115 Specially designed ``production equipment'' for the systems, 
sub-systems and components controlled by 9A004 to 9A009, 9A011, 9A101, 
9A104 to 9A109, 9A111, 9A116 to 9A119.
* * * * *

List of Items Controlled

    Unit: * * *.
    Related Controls: Although items described in ECCNs 9A004 to 9A009, 
9A011, 9A101, 9A104 to 9A109; 9A111, 9A116 to 9A119 are subject to the 
export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121), the ``production equipment'' 
controlled in this entry that is related to these items is subject to 
the export licensing authority of BIS.
    Related Definitions: NA.
    Items: The list of items controlled is contained in the ECCN 
heading.

    2. On page 58692, third column, in the List of Items Controlled for 
ECCN 9B116, the following paragraphs are corrected to read as follows:
    9B116 Specially designed ``production facilities'' for the systems, 
sub-systems, and components controlled by 9A004 to 9A009, 9A011, 9A101, 
9A104 to 9A109, 9A111, 9A116 to 9A119.
* * * * *

List of Items Controlled

    Unit: * * *.
    Related Controls: Although items described in ECCNs 9A004 to 9A009, 
9A011, 9A101, 9A104 to 9A109; 9A111, 9A116 to 9A119 are subject to the 
export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121), the ``production equipment'' 
controlled in this entry that is related to these items is subject to 
the export licensing authority of BIS.
    Related Definitions: NA.
    Items: The list of items controlled is contained in the ECCN 
heading.

    Dated: November 14, 2002.
Eileen M. Albanese,
Director, Office of Exporter Services, Export Administration.
[FR Doc. 02-29512 Filed 11-20-02; 8:45 am]
BILLING CODE 3510-33-P