[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Rules and Regulations]
[Pages 58691-58693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-23716]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 020830206-2206-01]
RIN 0694-AC51


Missile Technology Production Equipment and Facilities

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: To clarify Department of Commerce controls, Commerce is 
revising the language contained in Export Control Classification 
Numbers (ECCNs) 1B115, 1B117, 9B115, and 9B116 to reflect that all 
missile technology (MT) production equipment and facilities are 
controlled on the Commerce Control List (CCL) of the Export 
Administration Regulations (EAR).

DATES: This rule is effective: September 18, 2002.

FOR FURTHER INFORMATION CONTACT: Steve Clagett, Director, Nuclear and 
Missile Technology Controls Divisions, Bureau Industry and Security, 
Telephone: (202) 482-1641.

SUPPLEMENTARY INFORMATION

Background

    Since 1998, ECCNs 1B115, 1B117, 9B115 and 9B116, have referred 
exporters to the International Traffic in Arms Regulations (ITAR), 
administered by the Department of State, Office of Defense Trade 
Controls, for licensing requirements for equipment specially designed 
for production of MT items subject to the ITAR. This rule clarifies 
that all production equipment for MT items, described in ECCNs 1B115, 
1B117, 9B115 and 9B116, is subject to the EAR and controlled on the 
CCL. The Departments of Commerce, State and Defense are currently 
reviewing the control jurisdiction for specific items of equipment 
specially designed for the production of certain MT items that are 
subject to the ITAR. This review may result in future revisions to the 
EAR and the ITAR with respect to specific items of specially designed 
MT production equipment.
    Specifically, the following changes are made to the following 
ECCNs:

1B115: Notes 1 and 2 are removed from the Related Controls paragraph of 
the List of Items Controlled section.
1B117: Notes 2 and 4 are removed from the Related Controls paragraph of 
the List of Items Controlled section.
9B115 and 9B116: The heading is revised and License Requirements, 
License Exceptions, and List of Items Controlled sections are added.

Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (66 FR 44025, August 22, 
2001), as extended by the Notice of August 14, 2002 (67 FR 53721, 
August 16, 2002), continues the Regulations in effect under the 
International Emergency Economic Powers Act.

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

[[Page 58692]]

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, D.C. 20044, or 
mblaskov@bis.doc.gov.

List of Subjects in 15 CFR Part 774

    Exports, Foreign trade.

    Accordingly, part 774 of the Export Administration Regulations (15 
CFR parts 730-799) is amended as follows:

PART 774--[AMENDED]

    1. The authority citation for 15 CFR part 774 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 14, 2002, 67 FR 53721, August 16, 2002.

    2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 1B115 is amended by revising the 
List of Items Controlled section, and ECCN 1B117 is amended by revising 
the Related Controls paragraph in the List of Items Controlled section, 
to read as follows:
1B115 ``Production equipment'' for the production, handling or 
acceptance testing of liquid propellants or propellant constituents 
controlled by 1C011, 1C111 or on the U.S. Munitions List, and specially 
designed components therefor.
* * * * *

List of Items Controlled

Unit: Equipment in number; components in $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.
* * * * *
1B117 ``Production equipment'', as follows (see List of Items 
Controlled), for the production, handling or acceptance testing of 
solid propellants or propellant constituents controlled by 1C011, 1C111 
or on the U.S. Munitions List.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: 1.) See also 1B115. 2.) This entry does not control 
equipment for the ``production'', handling and acceptance testing of 
boron carbide.
Related Definitions: * * *
Items:
* * * * *

    3. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification numbers (ECCNs) 9B115 and 9B116 are 
revised 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.

License Requirements

Reason for Control: MT, AT

 
                Control(s)                          Country chart
 
MT applies to entire entry................  MT Column 1
AT applies to entire entry................  AT Column 1
 

License Exceptions

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

Unit: Equipment in number; components in $ value
Related Controls: Although items described in ECCNs 9A004 to 9A009, 
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.
Items: The list of items controlled is contained in the ECCN heading.

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.

License Requirements

Reason for Control: MT, AT

 
                Control(s)                          Country chart
 
MT applies to entire entry................  MT Column 1
AT applies to entire entry................  AT Column 1
 

License Exceptions

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

Unit: Equipment in number; components in $ value
Related Controls: Although items described in ECCNs 9A004 to 9A009, 
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.
Items: The list of items controlled is contained in the ECCN heading.
* * * * *


[[Page 58693]]


    Dated: September 11, 2002.
James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 02-23716 Filed 9-17-02; 8:45 am]
BILLING CODE 3510-33-P