[Federal Register Volume 68, Number 230 (Monday, December 1, 2003)]
[Rules and Regulations]
[Pages 67030-67032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29835]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No. 030806193-3193-01]
RIN 0694-AC88


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 Tuesday, June 10, 2003, the Bureau of Industry and Security 
(BIS) published a final rule that

[[Page 67031]]

amended the Export Administration Regulations (EAR) to implement the 
understandings reached at the June 2002 plenary meeting of the 
Australia Group (AG). The June 10, 2003, final rule contained errors in 
the List of Items Controlled for Export Control Classification Numbers 
(ECCNs) 2E001 and 2E002 on the Commerce Control List (CCL), as well as 
an error in the licensing policy provisions of the EAR that apply to 
items identified on the AG lists. This document corrects those errors.

DATES: This correction is effective December 1, 2003.

FOR FURTHER INFORMATION CONTACT: James Seevaratnam, Office of 
Nonproliferation Controls and Treaty Compliance, Bureau of Industry and 
Security, Telephone: (202) 482-3343.

SUPPLEMENTARY INFORMATION: This document corrects the errors contained 
in the final rule that was published by the Bureau of Industry and 
Security (BIS) on June 10, 2003 (68 FR 34526). The June 10, 2003, final 
rule amended the Export Administration Regulations (EAR) (15 CFR Parts 
730-799) to implement the understandings reached at the June 2002 
plenary meeting of the Australia Group (AG).
    Specifically, this document corrects a minor typographical error 
contained in Sec.  742.2(b)(1) of the EAR, which describes the 
licensing policies that apply to items identified on the AG lists. In 
the first sentence of Sec.  742.2(b)(1), the phrase ``use of chemical 
of biological weapons'' is corrected to read ``use of chemical or 
biological weapons.''
    This document also corrects the errors contained in Export Control 
Classification Numbers (ECCNs) 2E001 and 2E002 on the Commerce Control 
List (CCL) (Supplement No. 1 to Part 774 of the EAR). In the heading of 
ECCN 2E001, the first parenthetical phrase ``(except 2A991, 2A993, or 
2A994)'' is corrected to read ``(except 2A983, 2A991, or 2A994)'' and 
the third parenthetical phrase ``(except 2D991, 2D992, or 2D994)'' is 
corrected to read ``(except 2D983, 2D991, 2D992, or 2D994)''. In the 
heading of ECCN 2E002, the first parenthetical phrase ``(except 2A991, 
2A993, or 2A994)'' is corrected to read ``(except 2A983, 2A991, or 
2A994)''. The corrections to the headings of ECCNs 2E001 and 2E002 are 
being made, because the June 10, 2003, final rule inadvertently 
referenced one ECCN (i.e., ECCN 2A993) that had been removed from the 
CCL by a previous rule and did not reference two other ECCNs (i.e., 
ECCNs 2A983 and 2D983) that were added to the CCL by that same rule. 
The rule that removed ECCN 2A993 and added new ECCNs 2A983 and 2D983 
amended the EAR to expand controls on explosives detection equipment 
and related software and technology and was published by BIS on April 
3, 2003 (68 FR 16208).
    In addition, this document corrects errors made by the June 10, 
2003, final rule in the missile technology (MT) controls paragraphs 
under the License Requirements sections of ECCNs 2E001 and 2E002. In 
the MT controls paragraph for ECCN 2E001, the phrase ``2B117, 2D001 or 
2D101 for MT reasons'' is corrected to read ``2B117, 2B119 to 2B122, 
2D001, or 2D101 for MT reasons''. In the MT controls paragraph for ECCN 
2E002, the phrase ``2B116 or 2B117 for MT reasons'' is corrected to 
read ``2B116, 2B117, or 2B119 to 2B122 for MT reasons''. The 
corrections to these MT controls paragraphs are being made, because the 
June 10, 2003, final rule inadvertently omitted references to four new 
ECCNs (i.e., ECCNs 2B119, 2B120, 2B121, and 2B122) that were added to 
the CCL by a previous rule. The rule that added these four new ECCNs to 
the CCL amended the EAR to conform the CCL with the reformatted Missile 
Technology Control Regime (MTCR) Annex of October 14, 1999, and was 
published by BIS on April 2, 2003 (68 FR 16144).

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.

0
Accordingly, in the final rule, FR Doc. 03-14602, published at 68 FR 
34526, make the following corrections:

PART 742--[CORRECTED]


Sec.  742.2  [Corrected]

0
1. On page 34529, first column, in Sec.  742.2(b)(1), line 9, at the 
end of the first sentence, the phrase ``use of chemical of biological 
weapons'' is corrected to read ``use of chemical or biological 
weapons''.

PART 774--[CORRECTED]

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

0
2. On page 34532, third column, in ECCN 2E001, the ECCN heading and the 
MT controls paragraph in the chart of the License Requirements section 
of the ECCN are corrected to read as follows:

2E001 ``Technology according to the General Technology Note for the 
``development'' of equipment or ``software'' controlled by 2A (except 
2A983, 2A991, or 2A994), 2B (except 2B991, 2B993, 2B996 2B997 or 
2B998), or 2D (except 2D983, 2D991, 2D992, or 2D994). 

License Requirements

* * * * *

------------------------------------------------------------------------
                Control(s)                          Country Chart
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                                * * * * *
MT applies to ``technology'' for items      MT Column 1
 controlled by 2B004, 2B009, 2B018, 2B104,
 2B105, 2B109, 2B116, 2B117, 2B119 to
 2B122, 2D001 or 2D101 for MT reasons.
 

[[Page 67032]]

 
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0
3. On page 34533, first column, in ECCN 2E002, the ECCN heading and the 
MT controls paragraph in the chart of the License Requirements section 
of the ECCN are corrected to read as follows:

2E002 ``Technology'' according to the General Technology Note for the 
``production'' of equipment controlled by 2A (except 2A983, 2A991, or 
2A994) or 2B (except 2B991, 2B993, 2B996, 2B997, or 2B998).

License Requirements

* * * * *

------------------------------------------------------------------------
                Control(s)                          Country Chart
------------------------------------------------------------------------
 
                                * * * * *
MT applies to ``technology'' for equipment  MT Column 1
 controlled by 2B004, 2B009, 2B018, 2B104,
 2B105, 2B109, 2B116, 2B117, or 2B119 to
 2B122 for MT reasons.
 
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    Dated: September 4, 2003.
Eileen M. Albanese,
Director, Office of Exporter Services, Export Administration.
[FR Doc. 03-29835 Filed 11-28-03; 8:45 am]
BILLING CODE 3510-33-P