Chemical Weapons Convention Regulations and the Export Administration Regulations: Additions to Schedule 1(A) of the Annex on Chemicals to the Chemical Weapons Convention

CourtIndustry And Security Bureau
Citation86 FR 936
Record Number2020-27759
Published date07 January 2021
936
Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
List of Subjects in 12 CFR Part 747
Civil monetary penalties, Credit
unions.
Melane Conyers-Ausbrooks,
Secretary of the Board.
For the reasons stated in the
preamble, the Board amends 12 CFR
part 747 as follows:
PART 747—ADMINISTRATIVE
ACTIONS, ADJUDICATIVE HEARINGS,
RULES OF PRACTICE AND
PROCEDURE, AND INVESTIGATIONS
1. The authority for part 747
continues to read as follows:
Authority: 12 U.S.C. 1766, 1782, 1784,
1785, 1786, 1787, 1790a, 1790d; 15 U.S.C.
1639e; 42 U.S.C. 4012a; Pub. L. 101–410;
Pub. L. 104–134; Pub. L. 109–351; Pub. L.
114–74.
2. Revise § 747.1001 to read as
follows:
§ 747.1001 Adjustment of civil monetary
penalties by the rate of inflation.
(a) The NCUA is required by the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, 104 Stat. 890, as amended (28
U.S.C. 2461 note)), to adjust the
maximum amount of each civil
monetary penalty (CMP) within its
jurisdiction by the rate of inflation. The
following chart displays those adjusted
amounts, as calculated pursuant to the
statute:
U.S. Code citation CMP description New maximum amount
(1) 12 U.S.C. 1782(a)(3) ................. Inadvertent failure to submit a report or the inadvertent submission of
a false or misleading report. $4,146.
(2) 12 U.S.C. 1782(a)(3) ................. Non-inadvertent failure to submit a report or the non-inadvertent sub-
mission of a false or misleading report. $41,463.
(3) 12 U.S.C. 1782(a)(3) ................. Failure to submit a report or the submission of a false or misleading
report done knowingly or with reckless disregard. $2,073,133 or 1 percent of the
total assets of the credit union,
whichever is less.
(4) 12 U.S.C. 1782(d)(2)(A) ............ Tier 1 CMP for inadvertent failure to submit certified statement of in-
sured shares and charges due to the National Credit Union Share
Insurance Fund (NCUSIF), or inadvertent submission of false or
misleading statement.
$3,791.
(5) 12 U.S.C. 1782(d)(2)(B) ............ Tier 2 CMP for non-inadvertent failure to submit certified statement or
submission of false or misleading statement. $37,901.
(6) 12 U.S.C. 1782(d)(2)(C) ............ Tier 3 CMP for failure to submit a certified statement or the submis-
sion of a false or misleading statement done knowingly or with
reckless disregard.
$1,895,095 or 1 percent of the
total assets of the credit union,
whichever is less.
(7) 12 U.S.C. 1785(a)(3) ................. Non-compliance with insurance logo requirements .............................. $129.
(8) 12 U.S.C. 1785(e)(3) ................. Non-compliance with NCUA security requirements .............................. $301.
(9) 12 U.S.C. 1786(k)(2)(A) ............ Tier 1 CMP for violations of law, regulation, and other orders or
agreements. $10,366.
(10) 12 U.S.C. 1786(k)(2)(B) .......... Tier 2 CMP for violations of law, regulation, and other orders or
agreements and for recklessly engaging in unsafe or unsound
practices or breaches of fiduciary duty.
$51,827.
(11) 12 U.S.C. 1786(k)(2)(C) .......... Tier 3 CMP for knowingly committing the violations under Tier 1 or 2
(natural person). $2,073,133.
(12) 12 U.S.C. 1786(k)(2)(C) .......... Tier 3 CMP for knowingly committing the violations under Tier 1 or 2
(insured credit union). $2,073,133 or 1 percent of the
total assets of the credit union,
whichever is less.
(13) 12 U.S.C. 1786(w)(5)(A)(ii) ...... Non-compliance with senior examiner post-employment restrictions ... $341,000.
(14) 15 U.S.C. 1639e(k) .................. Non-compliance with appraisal independence requirements ................ First violation: $11,906. Subse-
quent violations: $23,811.
(15) 42 U.S.C. 4012a(f)(5) .............. Non-compliance with flood insurance requirements ............................. $2,252.
(b) The adjusted amounts displayed in
paragraph (a) of this section apply to
civil monetary penalties that are
assessed after the date the increase takes
effect, including those whose associated
violation or violations pre-dated the
increase and occurred on or after
November 2, 2015.
[FR Doc. 2020–29181 Filed 1–6–21; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 710, 712, and 745
[Docket No. 201211–0336]
RIN 0694–AH94
Chemical Weapons Convention
Regulations and the Export
Administration Regulations: Additions
to Schedule 1(A) of the Annex on
Chemicals to the Chemical Weapons
Convention
AGENCY
: Bureau of Industry and
Security, Commerce.
ACTION
: Final rule.
SUMMARY
: The Bureau of Industry and
Security (BIS) is publishing this final
rule to amend the Chemical Weapons
Convention Regulations (CWCR) and the
Export Administration Regulations
(EAR) to reflect recent additions to
Schedule 1(A) of the Annex on
Chemicals to the Convention on the
Prohibition of the Development,
Production, Stockpiling and Use of
Chemical Weapons and on Their
Destruction, also known as the
Chemical Weapons Convention (CWC).
This final rule also amends the
definition of ‘‘production’’ in the CWCR
to clarify the scope of this term as it
applies to declarations regarding the
production of ‘‘Schedule 1,’’ ‘‘Schedule
2,’’ or ‘‘Schedule 3’’ chemicals.
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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
DATES
: This rule is effective January 7,
2021.
FOR FURTHER INFORMATION CONTACT
: For
questions on the CWCR requirements
for ‘‘Schedule 1’’ chemicals, contact
Erica Sunyog, Treaty Compliance
Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry
and Security, U.S. Department of
Commerce, Phone: (202) 482–6237.
SUPPLEMENTARY INFORMATION
:
Background
The Chemical Weapons Convention
(hereinafter, ‘‘CWC’’ or ‘‘Convention’’),
which entered into force on April 29,
1997, is an international arms control
treaty whose object and purpose is to
eliminate an entire category of weapons
of mass destruction by prohibiting the
development, production, acquisition,
stockpiling, retention, transfer or use of
chemical weapons by States Parties. The
CWC States Parties have agreed to
destroy any stockpiles of chemical
weapons they may hold and any
facilities that produced them, as well as
any chemical weapons they have
abandoned on the territory of other
States Parties. The CWC States Parties
also have agreed to implement a
comprehensive data declaration,
notification, and inspection regime for
those toxic chemicals and their
precursors listed in Schedule 1, 2 or 3
in the CWC Annex on Chemicals to
provide transparency and to verify that
their public and private sectors are not
engaged in activities prohibited under
the CWC.
In addition, each State Party has
agreed to adopt domestic legislation to
implement its obligations under the
Convention and to designate or establish
a National Authority to serve as the
national focal point for effective liaison
with the Organization for the
Prohibition of Chemical Weapons
(OPCW) and other States Parties. The
designated U.S. National Authority is
the Bureau of Arms Control, Verification
and Compliance, U.S. Department of
State. The OPCW was established by the
States Parties to achieve the object and
purpose of the Convention, to ensure
the implementation of its provisions
(including those pertaining to
international verification of
compliance), and to provide a forum for
consultation and cooperation among the
States Parties. All CWC States Parties
are members of the OPCW, which
includes the Conference of the States
Parties, the Executive Council, and the
Technical Secretariat.
The provisions of the CWC that affect
commercial activities involving
scheduled chemicals (including
‘‘Schedule 1’’ chemicals) are
implemented, pursuant to the Chemical
Weapons Convention Implementation
Act of 1998 (CWCIA) (22 U.S.C. 6701 et
seq.) and Executive Order 13128 (64 FR
34703, June 28, 1999), by the Chemical
Weapons Convention Regulations
(CWCR) (see 15 CFR parts 710–722) and
the Export Administration Regulations
(EAR) (see 15 CFR 742.18 and 15 CFR
part 745), both of which are
administered by the Bureau of Industry
and Security (BIS). Specifically, BIS
maintains the list of ‘‘Schedule 1’’
chemicals identified in the CWC Annex
on Chemicals in Supplement No. 1 to
part 712 of the CWCR and as part of
Supplement No. 1 to part 745 of the
EAR. BIS also administers the CWC
‘‘Schedule 1’’ chemical declaration,
reporting, notification, and verification
requirements that are described in part
712 of the CWCR. In addition, § 745.1 of
the EAR describes the advance
notification and annual report
requirements that apply to exports of
‘‘Schedule 1’’ chemicals.
The CWC identifies the toxic
chemicals and immediate precursors
listed under ‘‘Schedule 1’’ in the CWC
Annex on Chemicals as posing a high
risk to the object and purpose of the
Convention. Consistent with Part VI of
the CWC Verification Annex, the CWCR
restrict commercial production of
‘‘Schedule 1’’ chemicals to research,
medical, or pharmaceutical purposes
only. See 15 CFR 710.1, at definition of
Purposes not prohibited by the CWC,
and 15 CFR 710.2(b), Activities subject
to the CWCR. The CWCR prohibit
commercial production of ‘‘Schedule 1’’
chemicals for ‘‘protective purposes’’ (see
15 CFR 712.2(a)) consistent with
Presidential Decision Directive (PDD) 70
(December 17, 1999), which effectively
limits production for such purposes to
facilities operated by the Department of
Defense. These CWCR restrictions and
prohibitions apply to all persons and
facilities located in the United States,
except certain U.S. Government
facilities—see 15 CFR 710.2(a). In
addition to these general requirements
and prohibitions pertaining to
‘‘Schedule 1’’ chemicals, the CWCR:
(1) Prohibit the import of ‘‘Schedule
1’’ chemicals from States not Party to
the CWC (15 CFR 712.2(b));
(2) Require annual declarations by
facilities engaged in the production of
‘‘Schedule 1’’ chemicals in excess of 100
grams aggregate per calendar year (i.e.,
declared ‘‘Schedule 1’’ facilities) for
purposes not prohibited by the CWC (15
CFR 712.5(a)(1) and (a)(2));
(3) Provide for government approval
of declared ‘‘Schedule 1’’ facilities (15
CFR 712.5(f));
(4) Provide that declared ‘‘Schedule
1’’ facilities are subject to initial and
routine inspection by the OPCW (15
CFR 712.5(e) and 716.1(b)(1));
(5) Require 200 days advance
notification of establishment of new
‘‘Schedule 1’’ production facilities
producing greater than 100 grams
aggregate of ‘‘Schedule 1’’ chemicals per
calendar year (15 CFR 712.4);
(6) Require advance notification and
annual reporting to the Technical
Secretariat of the OPCW of all imports
and exports of ‘‘Schedule 1’’ chemicals
to, or from, other States Parties to the
CWC (15 CFR 712.6, 742.18(a)(1) and
745.1); and
(7) Prohibit the export of ‘‘Schedule
1’’ chemicals to States not Party to the
CWC (15 CFR 742.18(a)(1) and (b)(1)(ii)).
This final rule amends part 712 of the
CWCR and part 745 of the EAR to reflect
recent additions to Schedule 1(A) of the
CWC Annex on Chemicals, as described
below. In addition, this rule amends the
definition of ‘‘production’’ in part 710 of
the CWCR to clarify the scope of this
term as it applies to declarations
regarding the production of ‘‘Schedule
1,’’ ‘‘Schedule 2,’’ or ‘‘Schedule 3’’
chemicals.
This rule amends part 712 of the
CWCR and part 745 of the EAR to add
three ‘‘Schedule 1’’ chemical families
and one individual ‘‘Schedule 1’’
chemical to both sets of regulations,
consistent with two decisions adopted
by the States Parties to the CWC during
the OPCW’s 24th Conference of the
States Parties, held in The Hague, the
Netherlands, from November 25–29,
2019. Based on two separate proposals
submitted to the Director-General of the
OPCW, one by the United States,
Canada and the Netherlands, and the
other by the Russian Federation, these
decisions added three chemical families
and one individual chemical to
‘‘Schedule 1’’ in the CWC Annex on
Chemicals. The OPCW agreements are
documented in OPCW Decisions C–24/
DEC.4 and C–24/DEC.5 and may be
obtained from the OPCW website
(http://www.opcw.org). On December
10, 2019, the Director-General notified
all States Parties and the Depositary of
the CWC (i.e., the Secretary-General of
the United Nations) of the adoption of
these decisions by the Conference of the
States Parties. Pursuant to subparagraph
5(g) of Article XV of the CWC, these
changes to the Annex on Chemicals
entered into force for all States Parties
180 days after the date of this
notification, that is, on June 7, 2020.
The additions to ‘‘Schedule 1’’ of the
CWC Annex on Chemicals are as
follows:
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Schedule 1
A. Toxic chemicals:
(1) H-alkyl (H or C
10
, incl. cycloalkyl)
N-(1-(dialkyl(C
10
, incl.
cycloalkyl)amino))alkylidene(H or C
10
,
incl. cycloalkyl) phosphonamidic
fluorides and corresponding alkylated
or protonated salts
e.g. N-(1-(di-n-decylamino)-n-
decylidene)-P-decylphosphonamidic
fluoride (CAS No. 2387495–99–8)
Methyl-(1-
(diethylamino)ethylidene)
phosphonamidofluoridate (CAS No.
2387496–12–8)
(2) O-alkyl (H or C
10
, incl.
cycloalkyl) N-(1-(dialkyl(C
10
, incl.
cycloalkyl)amino))alkylidene(H or C
10
,
incl. cycloalkyl)
phosphoramidofluoridates and
corresponding alkylated or protonated
salts
e.g. O-n-Decyl N-(1-(di-n-decylamino)-n-
decylidene)phosphoramidofluoridate
(CAS No. 2387496–00–4)
Methyl (1-
(diethylamino)ethylidene)
phosphoramidofluoridate (CAS No.
2387496–04–8)
Ethyl (1-
(diethylamino)ethylidene)
phosphoramidofluoridate (CAS No.
2387496–06–0)
(3) Methyl-
(bis(diethylamino)methylene)
phosphonamidofluoridate (CAS No.
2387496–14–0)
(4) Carbamates (quaternaries and
bisquaternaries of
dimethylcarbamoyloxypyridines)
Quaternaries of
dimethylcarbamoyloxypyridines:
1-[N,N-dialkyl(C
10
)-N-(n-(hydroxyl,
cyano, acetoxy)alkyl(C
10
)) ammonio]-
n-[N-(3-dimethylcarbamoxy-a-
picolinyl)-N,N-dialkyl(C
10
)
ammonio]decane dibromide (n=1–8)
e.g. 1-[N,N-dimethyl-N-(2-
hydroxy)ethylammonio]-10-[N-(3-
dimethylcarbamoxy-a-picolinyl)-N,N-
dimethylammonio]decane dibromide
(CAS No. 77104–62–2)
Bisquaternaries of
dimethylcarbamoyloxypyridines:
1,n-Bis[N-(3-dimethylcarbamoxy-a-
picolyl)-N,N-dialkyl(C
10
) ammonio]-
alkane-(2,(n-1)-dione) dibromide
(n=2–12)
e.g. 1,10-Bis[N-(3-dimethylcarbamoxy-
a-picolyl)-N-ethyl-N-
methylammonio]decane-2,9-dione
dibromide (CAS No. 77104–00–8).
Notice of Inquiry on the Impact of
Proposed Additions to CWC ‘‘Schedule
1’’
Pursuant to Condition 23 to Senate
Resolution 75 (S. Res. 75, April 24,
1997), and as delegated from the
President, the Secretary of State, in
coordination with other U.S.
Government departments and agencies,
including the Department of Commerce,
must submit a report to the Senate
Committee on Foreign Relations
detailing, inter alia, the likely impact on
United States industry of the proposed
addition of a chemical or biological
substance to a schedule in the CWC
Annex on Chemicals. Consistent with
Condition 23, on August 14, 2019, BIS
published a notice of inquiry (84 FR
40389) that requested public comments
as to whether the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States would be
significantly harmed by the limitations
that would be imposed on access to, and
production of, the compounds included
in certain chemical families that had
been proposed for addition to
‘‘Schedule 1’’ in the CWC Annex on
Chemicals.
BIS did not receive any public
comments in response to this notice of
inquiry. Of the chemical families at
issue, three families of chemicals and
one individual chemical from a fourth
family, as described above, were added
to ‘‘Schedule 1’’ by the decisions
adopted at the Conference of the States
Parties in November 2019. These
additions to ‘‘Schedule 1’’ are reflected
in the amendments to the CWCR and
the EAR described below.
Amendments to Supplement No. 1 to
Part 712 of the CWCR (Schedule 1
Chemicals)
Supplement No. 1 to part 712 of the
CWCR identifies ‘‘Schedule 1’’
chemicals listed in the CWC Annex on
Chemicals. This rule amends
Supplement No. 1 to: (1) Include the
three chemical families and one
individual chemical that were added to
‘‘Schedule 1;’’ and (2) add a Note 3
following the list of chemicals to
explain that the numerical sequence of
the ‘‘Schedule 1’’ Toxic Chemicals and
Precursors specified therein is not
consecutive so as to align with the
December 23, 2019, consolidated textual
changes to the Annex on Chemicals,
which reflect the decisions adopted by
the CWC Conference of the States
Parties in November 2019. Specifically,
the chemicals listed in ‘‘Schedule 1(A),’’
Toxic Chemicals, are numbered 1–8 and
13–16 (the latter includes 16.1 and
16.2), while the chemicals listed in
‘‘Schedule 1(B),’’ Precursors, are
numbered 9–12.
This rule does not amend any of the
declaration, advance notification,
reporting or verification requirements in
part 712 of the CWCR that apply to
‘‘Schedule 1’’ chemicals or facilities
involved in the production of such
chemicals. Although the newly added
‘‘Schedule 1’’ chemicals are now subject
to these requirements, BIS estimates that
the amendments made by this rule will
not significantly affect the public
burden imposed by these requirements
because very few (if any) commercial
facilities in the United States produce
these chemicals. Consistent with this
estimate, BIS did not receive any
responses to its August 2019 notice of
inquiry requesting public comments on
the impact on U.S. industry of the
proposed addition of the families of
chemicals at issue to ‘‘Schedule 1’’ of
the CWC Annex on Chemicals. As
further evidence of the limited scope of
any potential commercial applications,
these chemicals are defense articles
subject to the export licensing
jurisdiction of the U.S. Department of
State (as described below).
Amendments to Supplement No. 1 to
Part 745 of the EAR (Schedules of
Chemicals)
Supplement No. 1 to part 745 of the
EAR includes the three schedules of
Chemicals (Schedules 1, 2 and 3)
contained in the CWC Annex on
Chemicals. This rule amends ‘‘Schedule
1’’ in Supplement No. 1 to reflect the
decisions adopted at the November 2019
CWC Conference of the States Parties to
add three chemical families and one
individual chemical to ‘‘Schedule 1’’ in
the CWC Annex on Chemicals. In
addition, this rule revises the formats of
‘‘Schedule 2 and ‘‘Schedule 3’’ for
consistency with the format of
‘‘Schedule 1,’’ as amended by this rule.
This rule also adds a Note following the
list of chemicals in Supplement No. 1 to
explain that the numerical sequence of
the ‘‘Schedule 1’’ Toxic Chemicals and
Precursors specified therein is not
consecutive so as to align with the
December 23, 2019, consolidated textual
changes to the Annex on Chemicals,
which reflect the decisions adopted by
the CWC Conference of the States
Parties in November 2019. Specifically,
the chemicals listed in ‘‘Schedule 1(A),’’
Toxic Chemicals, are numbered 1–8 and
13–16 (the latter includes 16.1 and
16.2), while the chemicals listed in
‘‘Schedule 1(B),’’ Precursors, are
numbered 9–12.
This rule does not amend the advance
notification and reporting requirements
for exports of ‘‘Schedule 1’’ chemicals
described in § 745.1 of the EAR, which
are, for all practical purposes, a cross-
reference to (or general restatement of)
the requirements in § 712.6 of the CWCR
(except that the CWCR requirements
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also apply to imports of ‘‘Schedule 1’’
chemicals). Furthermore, these newly
added ‘‘Schedule 1’’ chemicals are not
subject to the export licensing
jurisdiction of BIS under the EAR. All
‘‘Schedule 1’’ chemicals, except ricin
and saxitoxin (which are controlled
under Export Control Classification
Number 1C351 on the Commerce
Control List in Supplement No. 1 to part
774 of the EAR), are subject to the
export licensing jurisdiction of the
Directorate of Defense Trade Controls,
Department of State, under the
International Traffic in Arms
Regulations (ITAR) (22 CFR parts 120–
130). Consequently, the conforming
amendments made by this rule will not
affect the burden imposed on the public
by the ‘‘Schedule 1’’ chemical advance
notification and reporting requirements
described in § 745.1 of the EAR.
Clarification of the Definition of
‘‘Production’’ in Part 710 of the CWCR
This final rule amends the definition
of ‘‘production’’ in § 710.1 of the CWCR
to clarify its application to the CWCR’s
declaration requirements concerning the
production of ‘‘Schedule 1,’’ ‘‘Schedule
2,’’ or ‘‘Schedule 3’’ chemicals.
Specifically, this rule clarifies the
definition consistent with §§ 712.5(d),
713.2(a)(2)(ii) and 714.1(a)(2)(ii) of the
CWCR (as amended by the April 27,
2006, CWCR final rule (81 FR 24918)),
whereby ‘‘Schedule 1,’’ ‘‘Schedule 2,’’
or ‘‘Schedule 3’’ chemicals that are
intermediates, but not transient
intermediates, must be considered when
determining if a chemical is subject to
the declaration requirements in the
CWCR. (See the OPCW Conference of
the States Parties Decisions that form
the basis of this treatment of such
intermediates: C–10/DEC.12, November
10, 2005, ‘‘Understanding Relating to
the Concept of ‘Captive Use’ in
Connection with Declarations of
Production and Consumption Under
Part VI of the Verification Annex to the
Convention;’’ and C–9/DEC.6,
November 30, 2004, ‘‘Understanding of
the Concept of ‘Captive Use’ in
Connection with Declarations of
Production and Consumption Under
Parts VII and VIII of the Verification
Annex to the Chemical Weapons
Convention.’’)
As amended by this rule, the
definition of ‘‘production’’ in § 710.1 of
the CWCR is understood (for purposes
of the ‘‘Schedule 1,’’ ‘‘Schedule 2,’’ and
‘‘Schedule 3’’ chemical declaration
requirements in the CWCR) to include
intermediates, by-products, or waste
products that are produced and
consumed within a defined chemical
manufacturing sequence, where such
intermediates, by-products, or waste
products are chemically stable and
therefore exist for a sufficient time to
make isolation from the manufacturing
stream possible, but where, under
normal or design operating conditions,
isolation does not occur.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including: Potential economic,
environmental, public health and safety
effects; distributive impacts; and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits and
of reducing costs, harmonizing rules,
and promoting flexibility. This final rule
has been determined to be not
significant for purposes of Executive
Order 12866. This rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
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 of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
contains the following collections of
information subject to the requirements
of the PRA. These collections have been
approved by OMB under control
numbers 0694–0091 (Chemical
Weapons Convention Declaration and
Report Handbook and Forms &
Chemical Weapons Convention
Regulations (CWCR)) and 0694–0117
(Chemical Weapons Convention
Provisions of the Export Administration
Regulations (EAR)). The approved
information collection under OMB
control number 0694–0091 includes
CWCR declarations, reports,
notifications, and on-site inspections of
chemical facilities and carries a total
burden estimate of 14,813 hours. The
approved information collection under
OMB control number 0694–0117
includes Schedule 1 chemical advance
notifications and annual reports,
Schedule 3 chemical End-Use
Certificates, and exports of
‘‘technology’’ to produce certain
Schedule 2 and Schedule 3 chemicals
and carries a total burden estimate of 42
burden hours.
BIS estimates that the overall increase
in costs and burdens due to the
implementation of the changes made by
this final rule will be minimal, based on
the fact that there are very few, if any,
commercial applications for the
‘‘Schedule 1’’ chemicals added by this
rule to Supplement No. 1 to part 712 of
the CWCR and Supplement No. 1 to part
745 of the EAR. Consistent with this
estimate, BIS did not receive any
responses to its August 2019 notice of
inquiry described herein. Additional
evidence of the limited scope of
potential commercial applications is
that the chemicals at issue are defense
articles subject to the export licensing
jurisdiction of the Department of State.
Also, pursuant to § 710.2(a) of the
CWCR, certain U.S. Government
facilities (e.g., Department of Defense
and Department of Energy facilities) are
not subject to the CWCR and,
consequently, the costs and burdens of
the requirements described therein do
not apply to such facilities.
In addition, although the newly added
‘‘Schedule 1’’ chemicals are subject to
the declaration, advance notification,
reporting or verification requirements in
part 712 of the CWCR, the fact that these
chemicals have few potential
commercial applications will, as a
practical matter, limit the impact of
these requirements. Consequently, the
amendments made by this rule will not
significantly alter the costs and burdens
imposed on the public by such CWCR
requirements. Furthermore, because
these newly added ‘‘Schedule 1’’
chemicals are defense articles subject to
the export licensing jurisdiction of the
Department of State under the ITAR, the
conforming amendments made by this
rule do not add to, or otherwise affect,
any export licensing requirements in the
EAR; nor, as a practical matter, will they
significantly alter the costs and burdens
imposed on the public by the reporting
and advance notification requirements
described in § 745.1 of the EAR.
Written comments and
recommendations for the information
collections referenced above should be
sent within 30 days of the publication
of this final rule to: www.reginfo.gov/
public/do/PRAMain. The public may
locate these particular information
collections by selecting ‘‘Currently
under 30-day Review—Open for Public
Comments’’ or by using the search
function.
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
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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 (see 5 U.S.C. 553(a)(1)).
Immediate implementation of these
amendments is non-discretionary and
fulfills the United States’ international
obligations under the CWC. The CWC is
an international arms control treaty
prohibiting the development,
production, acquisition, stockpiling,
retention, transfer or use of chemical
weapons by States Parties in order to
eliminate an entire category of weapons
of mass destruction. The 193 CWC
States Parties have agreed to, among
other things, implement a
comprehensive data declaration,
notification, and inspection regime for
those toxic chemicals and their
precursors listed in Schedules 1, 2 or 3
in the CWC Annex on Chemicals (the
Annex). The amendments set forth in
this rule implement two decisions
adopted by the States Parties during the
OPCW’s 24th Conference of the States
Parties, held in The Hague, the
Netherlands, from November 25–29,
2019, and clarify a definition in the
CWCR to ensure consistency with the
CWCR’s declaration requirements
regarding the production of ‘‘Schedule
1,’’ ‘‘Schedule 2,’’ or ‘‘Schedule 3’’
chemicals.
These provisions of the
Administrative Procedure Act also are
waived for good cause, as unnecessary
and contrary to the public interest (see
5 U.S.C. 553(b)(B)). This rule brings the
CWCR and the EAR into conformity
with recent updates to ‘‘Schedule 1’’ in
the Annex by amending Supplement
No. 1 to part 712 of the CWCR and
Supplement No. 1 to part 745 of the
EAR. These changes to the Annex
entered into force, with respect to all
States Parties to the CWC, on June 7,
2020. As a State Party, the United States
became obligated to apply the
declaration, advance notification,
reporting and verification requirements
in part 712 of the CWCR to these newly
added ‘‘Schedule 1’’ chemicals as of that
date.
Because these obligations will have
already come into effect by the time this
rule is published, a delay of this
rulemaking to allow for notice and
opportunity for public comment would
be unnecessary. As indicated above, the
U.S. has no discretion in this matter—
it must implement these changes as a
State Party.
Even if these changes were
discretionary, a delay of this rulemaking
to allow for notice and opportunity for
public comment would be unnecessary.
Based on the lack of any responses to
BIS’s August 14, 2019, notice of inquiry
requesting public comments on the
impact of the addition of these
chemicals (together with others) to the
Annex, it does not appear that there any
many (if any) chemical, biotechnology,
or pharmaceutical firms in the U.S. that
would be adversely affected by the
substance of this rule. Moreover, these
chemicals are defense articles subject to
the export licensing jurisdiction of the
Department of State under the ITAR
and, consequently, have few potential
commercial applications.
Similarly, a delay of this rulemaking
to provide notice and opportunity for
public comment would be contrary to
the public interest, as would a 30-day
delay in effective date, given the fact
that the restrictions associated with the
addition of these chemicals to the
Annex have already come into force for
CWC States Parties as of June 7, 2020.
Providing notice and opportunity for
public comment and a 30-day delay in
effectiveness would not only impair the
ability of the United States to fulfill its
obligations as a State Party in a timely
manner, it also might lead the public to
mistakenly assume that these changes
are discretionary. Such measures might
also have a significant adverse impact
upon the ability of U.S. companies to
comply in a timely fashion with the
declaration, advance notification,
reporting, and other requirements that
apply to these newly added ‘‘Schedule
1’’ chemicals, as they would have to
wait until the amendments adding these
chemicals to the CWCR and the EAR
have taken effect. Consequently, any
further delay in implementation would
adversely impact the ability of the
United States to meet its ‘‘Schedule 1’’
chemical declaration, notification, and
reporting obligations to the OPCW with
respect to these newly added ‘‘Schedule
1’’ chemicals. Conversely, timely
publication of these regulatory changes,
with immediate effectiveness, would
provide U.S. companies with adequate
time to adjust their recordkeeping and
other activities in advance of any
deadlines that would apply to the
submission of declarations, advance
notifications, or reports associated with
the newly added ‘‘Schedule 1’’
chemicals, thereby making it possible
for the U.S. to meet its CWC obligations
in this regard.
For similar reasons, application of the
APA’s notice and comment and 30-day
delay in effectiveness requirements to
the clarification to the definition of
‘‘production’’ set forth in § 710.1 of the
CWCIA made as part of this rule would
be unnecessary and contrary to the
public interest. The clarification merely
conforms the definition to language
already set forth in the CWCIA’s
declaration requirements that apply to
‘‘Schedule 1,’’ ‘‘Schedule 2,’’ and
‘‘Schedule 3’’ chemicals.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by the APA or any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
List of Subjects
15 CFR Part 710
Chemicals, Exports, Foreign trade,
Imports, Treaties.
15 CFR Part 712
Chemicals, Exports, Foreign trade,
Imports, Reporting and recordkeeping
requirements.
15 CFR Part 745
Administrative practice and
procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, parts 710 and 712 of the
Chemical Weapons Convention
Regulations (15 CFR parts 710–722) and
part 745 of the Export Administration
Regulations (15 CFR parts 730–774) are
amended as follows:
PART 710—GENERAL INFORMATION
AND OVERVIEW OF THE CHEMICAL
WEAPONS CONVENTION
REGULATIONS (CWCR)
1. The authority citation for 15 CFR
part 710 continues to read as follows:
Authority: 22 U.S.C. 6701 et seq.; E.O.
13128, 64 FR 36703, 3 CFR 1999 Comp., p.
199.
2. In § 710.1, the definition of
‘‘Production’’ is revised to read as
follows:
§ 710.1 Definitions of terms used in the
Chemical Weapons Convention Regulations
(CWCR).
* * * * *
Production. Means the formation of a
chemical through chemical reaction,
including biochemical or biologically
mediated reaction (see supplement no. 2
to this part).
(1) Production of Schedule 1
chemicals means formation through
chemical synthesis as well as processing
to extract and isolate Schedule 1
chemicals.
(2) Production of a Schedule 2 or
Schedule 3 chemical means all steps in
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the production of a chemical in any
units within the same plant through
chemical reaction, including any
associated processes (e.g., purification,
separation, extraction, distillation, or
refining) in which the chemical is not
converted into another chemical. The
exact nature of any associated process
(e.g., purification, etc.) is not required to
be declared.
(3) Production of a Schedule 1,
Schedule 2 or Schedule 3 chemical is
understood, for declaration purposes, to
include intermediates, by-products, or
waste products that are produced and
consumed within a defined chemical
manufacturing sequence, where such
intermediates, by-products, or waste
products are chemically stable and
therefore exist for a sufficient time to
make isolation from the manufacturing
stream possible, but where, under
normal or design operating conditions,
isolation does not occur.
* * * * *
PART 712—ACTIVITIES INVOLVING
SCHEDULE 1 CHEMICALS
3. The authority citation for 15 CFR
part 712 continues to read as follows:
Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C.
1601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950, as amended by E.O. 13094, 63 FR 40803,
3 CFR, 1998 Comp., p. 200; E.O. 13128, 64
FR 36703, 3 CFR 1999 Comp., p. 199.
4. Supplement No. 1 to part 712 is
amended by revising the table and
adding a Note 3 to the Notes to
Supplement No. 1 to read as follows:
S
UPPLEMENT
N
O
. 1
TO
P
ART
712—S
CHEDULE
1 C
HEMICALS
CAS
registry No.
A. Toxic Chemicals:
1. Family: O-Alkyl(C
10
, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)- phosphonofluoridates
Not limited to the following examples:
Sarin: O-Isopropyl methylphosphonofluoridate .............................................................................................................. 107–44–8
Soman: O-Pinacolyl methylphosphonofluoridate ........................................................................................................... 96–64–0
2. Family: O-Alkyl (C
10
, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates
Not limited to the following example:
Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate 77–81–6
3. Family: O-Alkyl (H or C
10
, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonothiolates and corresponding alkylated or protonated salts
Not limited to the following example:
VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate 50782–69–9
4. Sulfur mustards:
2-Chloroethylchloromethylsulfide .......................................................................................................................................... 2625–76–5
Mustard gas: Bis(2-chloroethyl)sulfide .................................................................................................................................. 505–60–2
Bis(2-chloroethylthio)methane ............................................................................................................................................... 63869–13–6
Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane ................................................................................................................. 3563–36–8
1,3-Bis(2-chloroethylthio)-n-propane ..................................................................................................................................... 63905–10–2
1,4-Bis(2-chloroethylthio)-n-butane ....................................................................................................................................... 142868–93–7
1,5-Bis(2-chloroethylthio)-n-pentane ..................................................................................................................................... 142868–94–8
Bis(2-chloroethylthiomethyl)ether .......................................................................................................................................... 63918–90–1
O-Mustard: Bis(2-chloroethylthioethyl)ether .......................................................................................................................... 63918–89–8
5. Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine ................................................................................................................................. 541–25–3
Lewisite 2: Bis(2-chlorovinyl)chloroarsine ............................................................................................................................. 40334–69–8
Lewisite 3: Tris(2-chlorovinyl)arsine ...................................................................................................................................... 40334–70–1
6. Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine ........................................................................................................................................ 538–07–8
HN2: Bis(2-chloroethyl)methylamine ..................................................................................................................................... 51–75–2
HN3: Tris(2-chloroethyl)amine .............................................................................................................................................. 555–77–1
7. Saxitoxin ................................................................................................................................................................................... 35523–89–8
8. Ricin .......................................................................................................................................................................................... 9009–86–3
13. Family: H-alkyl (H or C
10
, incl. cycloalkyl) N-(1-(dialkyl(C
10
, incl. cycloalkyl)amino))alkylidene(H or C
10
, incl.
cycloalkyl) phosphonamidic fluorides and corresponding alkylated or protonated salts
Not limited to the following examples:
N-(1-(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic fluoride ........................................................................ 2387495–99–8
Methyl-(1-(diethylamino)ethylidene)phosphonamidofluoridate ....................................................................................... 2387496–12–8
14. Family: O-alkyl (H or C
10
, incl. cycloalkyl) N-(1-(dialkyl(C
10
, incl. cycloalkyl)amino))alkylidene(H or C
10
, incl.
cycloalkyl) phosphoramidofluoridates and corresponding alkylated or protonated salts
Not limited to the following examples:
O-n-Decyl N-(1-(di-n-decylamino)-n decylidene)phosphoramidofluoridate .................................................................... 2387496–00–4
Methyl (1-(diethylamino)ethylidene)phosphoramidofluoridate ....................................................................................... 2387496–04–8
Ethyl (1-(diethylamino)ethylidene)phosphoramidofluoridate .......................................................................................... 2387496–06–0
15. Methyl-(bis(diethylamino)methylene)phosphonamidofluoridate ............................................................................................. 2387496–14–0
16. Carbamates (quaternaries and bisquaternaries of dimethylcarbamoyloxypyridines)
16.1. Family: Quaternaries of dimethylcarbamoyloxypyridines: 1-[N,N-dialkyl(C
10
)-N-(n-(hydroxyl, cyano,
acetoxy)alkyl(C
10
)) ammonio]-n-[N-(3-dimethylcarbamoxy-a-picolinyl)-N,N-dialkyl(C
10
) ammonio]decane dibromide (n=1-
8)
Not limited to the following example:
1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-10-[N-(3-dimethylcarbamoxy-a-picolinyl)-N,N-
dimethylammonio]decane dibromide .......................................................................................................................... 77104–62–2
16.2. Family: Bisquaternaries of dimethylcarbamoyloxypyridines:1,n-Bis[N-(3-dimethylcarbamoxy-a-picolyl)-N,N-dialkyl(C
10
)
ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2-12)
Not limited to the following example:
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S
UPPLEMENT
N
O
. 1
TO
P
ART
712—S
CHEDULE
1 C
HEMICALS
—Continued
CAS
registry No.
1,10-Bis[N-(3-dimethylcarbamoxy-a-picolyl)-N-ethyl-N- methylammonio]decane-2,9-dione dibromide ........................ 77104–00–8
B. Precursors:
9. Family: Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
Not limited to the following example:
DF: Methylphosphonyldifluoride ..................................................................................................................................... 676–99–3
10. Family: O-Alkyl (H or C
10
, incl. cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonites and corresponding alkylated or protonated salts
Not limited to the following example:
QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite .......................................................................................... 57856–11–8
11. Chlorosarin: O-Isopropyl methylphosphonochloridate ........................................................................................................... 1445–76–7
12. Chlorosoman: O-Pinacolyl methylphosphonochloridate ........................................................................................................ 7040–57–5
Notes to Supplement No. 1
* * * * *
NOTE 3
: The numerical sequence of the
‘‘Schedule 1’’ Toxic Chemicals and
Precursors is not consecutive so as to align
with the December 23, 2019, consolidated
textual changes to ‘‘Schedule 1’’ of the Annex
on Chemicals to the Chemical Weapons
Convention (CWC), which reflect the
decisions adopted by the CWC Conference of
the States Parties in November 2019.
PART 745—CHEMICAL WEAPONS
CONVENTION REQUIREMENTS
5. The authority citation for 15 CFR
part 745 is revised to read as follows:
Authority: 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950); 22 U.S.C. 6701 et seq.; E.O. 13128, 64
FR 36703, 3 CFR 1999 Comp., p. 199; 50
U.S.C. 4801–4852; Notice of November 12,
2019, 84 FR 61817 (November 13, 2019).
6. Supplement No. 1 to part 745 is
revised to read as follows:
S
UPPLEMENT
N
O
. 1
TO
P
ART
745—S
CHEDULES OF
C
HEMICALS
CAS
registry No.
Schedule 1
A. Toxic Chemicals:
1. Family: O-Alkyl(C
10
, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)- phosphonofluoridates
Not limited to the following examples:
Sarin: O-Isopropyl methylphosphonofluoridate .............................................................................................................. 107–44–8
Soman: O-Pinacolyl methylphosphonofluoridate ........................................................................................................... 96–64–0
2. Family: O-Alkyl (C
10
, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates
Not limited to the following example:
Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate ................................................................................................ 77–81–6
3. Family: O-Alkyl (H or C
10
, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonothiolates and corresponding alkylated or protonated salts
Not limited to the following example:
VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate ............................................................................... 50782–69–9
4. Sulfur mustards:
2-Chloroethylchloromethylsulfide .......................................................................................................................................... 2625–76–5
Mustard gas: Bis(2-chloroethyl)sulfide .................................................................................................................................. 505–60–2
Bis(2-chloroethylthio)methane ............................................................................................................................................... 63869–13–6
Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane ................................................................................................................. 3563–36–8
1,3-Bis(2-chloroethylthio)-n-propane ..................................................................................................................................... 63905–10–2
1,4-Bis(2-chloroethylthio)-n-butane ....................................................................................................................................... 142868–93–7
1,5-Bis(2-chloroethylthio)-n-pentane ..................................................................................................................................... 142868–94–8
Bis(2-chloroethylthiomethyl)ether .......................................................................................................................................... 63918–90–1
O-Mustard: Bis(2-chloroethylthioethyl)ether .......................................................................................................................... 63918–89–8
5. Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine ................................................................................................................................. 541–25–3
Lewisite 2: Bis(2-chlorovinyl)chloroarsine ............................................................................................................................. 40334–69–8
Lewisite 3: Tris(2-chlorovinyl)arsine ...................................................................................................................................... 40334–70–1
6. Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine ........................................................................................................................................ 538–07–8
HN2: Bis(2-chloroethyl)methylamine ..................................................................................................................................... 51–75–2
HN3: Tris(2-chloroethyl)amine .............................................................................................................................................. 555–77–1
7. Saxitoxin ................................................................................................................................................................................... 35523–89–8
8. Ricin .......................................................................................................................................................................................... 9009–86–3
13. Family: P-alkyl (H or C
10
, incl. cycloalkyl) N-(1-(dialkyl(C
10
, incl. cycloalkyl)amino))alkylidene(H or C
10
, incl.
cycloalkyl) phosphonamidic fluorides and corresponding alkylated or protonated salts
Not limited to the following examples:
N-(1-(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic fluoride ........................................................................ 2387495–99–8
Methyl-(1-(diethylamino)ethylidene)phosphonamidofluoridate ....................................................................................... 2387496–12–8
14. Family: O-alkyl (H or C
10
, incl. cycloalkyl) N-(1-(dialkyl(C
10
, incl. cycloalkyl)amino))alkylidene(H or C
10
, incl.
cycloalkyl) phosphoramidofluoridates and corresponding alkylated or protonated salts
Not limited to the following examples:
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S
UPPLEMENT
N
O
. 1
TO
P
ART
745—S
CHEDULES OF
C
HEMICALS
—Continued
CAS
registry No.
O-n-Decyl N-(1-(di-n-decylamino)-n decylidene)phosphoramidofluoridate .................................................................... 2387496–00–4
Methyl (1-(diethylamino)ethylidene)phosphoramidofluoridate ....................................................................................... 2387496–04–8
Ethyl (1-(diethylamino)ethylidene)phosphoramidofluoridate .......................................................................................... 2387496–06–0
15. Methyl-(bis(diethylamino)methylene)phosphonamidofluoridate ............................................................................................. 2387496–14–0
16. Carbamates (quaternaries and bisquaternaries of dimethylcarbamoyloxypyridines)
16.1. Family: Quaternaries of dimethylcarbamoyloxypyridines: 1-[N,N-dialkyl(C
10
)-N-(n-(hydroxyl, cyano,
acetoxy)alkyl(C
10
)) ammonio]-n-[N-(3-dimethylcarbamoxy-a-picolinyl)-N,N-dialkyl(C
10
) ammonio]decane dibromide
(n=1–8)
Not limited to the following example:
1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-10-[N-(3-dimethylcarbamoxy-a-picolinyl)-N,N-
dimethylammonio]decane dibromide .......................................................................................................................... 77104–62–2
16.2. Family: Bisquaternaries of dimethylcarbamoyloxypyridines:1,n-Bis[N-(3-dimethylcarbamoxy-a-picolyl)-N,N-dialkyl(C
10
)
ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2–12).
Not limited to the following example:
1,10-Bis[N-(3-dimethylcarbamoxy-a-picolyl)-N-ethyl-N- methylammonio]decane-2,9-dione dibromide ........................ 77104–00–8
B. Precursors:
9. Family: Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
Not limited to the following example:
DF: Methylphosphonyldifluoride ..................................................................................................................................... 676–99–3
10. Family: O-Alkyl (H or C
10
, incl. cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonites and corresponding alkylated or protonated salts
Not limited to the following example:
QL: O-Ethyl O–2-diisopropylaminoethyl methylphosphonite ......................................................................................... 57856–11–8
11. Chlorosarin: O-Isopropyl methylphosphonochloridate ........................................................................................................... 1445–76–7
12. Chlorosoman: O-Pinacolyl methylphosphonochloridate ........................................................................................................ 7040–57–5
Schedule 2
A. Toxic Chemicals:
1. Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate and corresponding alkylated or protonated salts ............. 78–53–5
2. PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene ....................................................................................................... 382–21–8
3. BZ: 3-Quinuclidinyl benzilate .................................................................................................................................................... 6581–06–2
B. Precursors:
4. Family: Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl,
ethyl or propyl (normal or iso) group but not further carbon atoms,
Not limited to the following examples:
Methylphosphonyl dichloride .......................................................................................................................................... 676–97–1
Dimethyl methylphosphonate ......................................................................................................................................... 756–79–6
Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate ................................................................................. 944–22–9
5. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides
6. Family: Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates
7. Arsenic trichloride ..................................................................................................................................................................... 7784–34–1
8. 2,2-Diphenyl-2-hydroxyacetic acid ........................................................................................................................................... 76–93–7
9. Quinuclidine-3-ol ....................................................................................................................................................................... 1619–34–7
10. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts
11. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol and corresponding protonated salts .................................................................... 108–01–0
N,N-Diethylaminoethanol and corresponding protonated salts ..................................................................................... 100–37–8
12. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts
13. Thiodiglycol: Bis(2-hydroxyethyl)sulfide ................................................................................................................................. 111–48–8
14. Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol ............................................................................................................................ 464–07–3
Schedule 3
A. Toxic Chemicals:
1. Phosgene: Carbonyl dichloride ................................................................................................................................................ 75–44–5
2. Cyanogen chloride ................................................................................................................................................................... 506–77–4
3. Hydrogen cyanide .................................................................................................................................................................... 74–90–8
4. Chloropicrin: Trichloronitromethane ......................................................................................................................................... 76–06–2
B. Precursors:
5. Phosphorus oxychloride ........................................................................................................................................................... 10025–87–3
6. Phosphorus trichloride .............................................................................................................................................................. 7719–12–2
7. Phosphorus pentachloride ........................................................................................................................................................ 10026–13–8
8. Trimethyl phosphite .................................................................................................................................................................. 121–45–9
9. Triethyl phosphite ..................................................................................................................................................................... 122–52–1
10. Dimethyl phosphite ................................................................................................................................................................. 868–85–9
11. Diethyl phosphite .................................................................................................................................................................... 762–04–9
12. Sulfur monochloride ............................................................................................................................................................... 10025–67–9
13. Sulfur dichloride ...................................................................................................................................................................... 10545–99–0
14. Thionyl chloride ...................................................................................................................................................................... 7719–09–7
15. Ethyldiethanolamine ............................................................................................................................................................... 139–87–7
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944
Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
S
UPPLEMENT
N
O
. 1
TO
P
ART
745—S
CHEDULES OF
C
HEMICALS
—Continued
CAS
registry No.
16. Methyldiethanolamine ............................................................................................................................................................. 105–59–9
17. Triethanolamine ...................................................................................................................................................................... 102–71–6
Note to Supplement 1: The numerical
sequence of the ‘‘Schedule 1’’ Toxic
Chemicals and Precursors is not consecutive
so as to align with the December 23, 2019,
consolidated textual changes to ‘‘Schedule 1’’
of the Annex on Chemicals to the Chemical
Weapons Convention (CWC), which reflect
the decisions adopted by the CWC
Conference of the States Parties in November
2019.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–27759 Filed 1–6–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742 and 774
[Docket No. 201208–0330]
RIN 0694–AI09
Commerce Control List: Clarifications
to the Scope of Export Control
Classification Number 1C991 To
Reflect Decisions Adopted at the June
2019 Australia Group Plenary Meeting
AGENCY
: Bureau of Industry and
Security, Commerce.
ACTION
: Final rule.
SUMMARY
: The Bureau of Industry and
Security (BIS) publishes this final rule
to amend the Export Administration
Regulations (EAR) to clarify the scope of
the export controls that apply to certain
vaccines and medical products,
consistent with the release (i.e.,
exclusion) notes contained in the
Australia Group (AG) ‘‘Human and
Animal Pathogens and Toxins for
Export Control’’ common control list.
DATES
: This rule is effective January 7,
2021.
FOR FURTHER INFORMATION CONTACT
: Dr.
Kimberly Orr, Chemical and Biological
Controls Division, Office of
Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Telephone: (202) 482–4201,
Email: Kimberly.Orr@bis.doc.gov.
SUPPLEMENTARY INFORMATION
: The
Bureau of Industry and Security (BIS) is
amending the Export Administration
Regulations (EAR) to clarify the scope of
the export controls that apply to certain
vaccines, consistent with the vaccine
release (i.e., exclusion) note contained
in the Australia Group (AG) ‘‘List of
Human and Animal Pathogens and
Toxins for Export Control’’ common
control list, as updated by a decision
made at the AG Plenary meeting held in
Paris, France, in June 2019. The AG is
a multilateral forum consisting of 42
participating countries and the
European Union that maintain export
controls on a list of chemicals,
biological agents, and related equipment
and technology that could be used in a
chemical or biological weapons
program. The AG periodically reviews
items on its control list to enhance the
effectiveness of participating
governments’ national controls and to
achieve greater harmonization among
these controls.
The AG specifically excludes certain
vaccines from control under its ‘‘List of
Human and Animal Pathogens and
Toxins for Export Control’’ and the
associated Warning List. However, prior
to the June 2019 Plenary changes to this
AG common control list, it was not clear
if the release note therein applied not
only to vaccines containing those
human and animal pathogens and
toxins identified on the list, but also to
vaccines containing the genetic
elements and genetically modified
organisms identified therein. Recent
changes to this AG common control list,
based in part on a decision made at the
June 2019 Plenary meeting, clarify that
this release note applies to vaccines
containing the genetic elements and
genetically modified organisms
identified on this list, as well as
vaccines containing the viruses,
bacteria, and toxins identified on this
list.
Specifically, this rule amends Export
Control Classification Number (ECCN)
1C991 on the Commerce Control List
(CCL) to indicate that it includes
vaccines containing, or designed for use
against, any of the items identified in
ECCN 1C351, 1C353 or 1C354. Prior to
the effective date of this final rule,
ECCN 1C991 indicated that it controlled
vaccines ‘‘against’’ such items, but was
not specific about whether all vaccines
‘‘containing’’ such items were
controlled, irrespective of whether the
vaccines were designed for use
‘‘against’’ such items.
This rule also expands the scope of
medical products controlled under
ECCN 1C991 to include those
containing genetically modified
organisms and genetic elements
described in ECCN 1C353.a.3. In
addition, this rule clarifies the
definition of ‘immunotoxin’ that
appears in ECCN 1C351 and ECCN
1C991 and removes the definition of
‘subunit’ from ECCN 1C351.
Finally, this rule renumbers ECCN
1C991.c and .d by listing medical
products that are subject to chemical/
biological (CB) controls, as well as anti-
terrorism (AT) controls, under ECCN
1C991.c and listing medical products
that are subject only to AT controls
under ECCN 1C991.d. A conforming
amendment is made to § 742.2(a)(3) of
the EAR to reflect this change in
paragraph sequencing.
ECCN 1C991 (Vaccines, Immunotoxins,
Medical Products, Diagnostic and Food
Testing Kits)
This final rule amends ECCN 1C991
on the Commerce Control List (CCL)
(Supplement No. 1 to part 774 of the
EAR) to make the description of the
vaccines controlled by this ECCN more
closely reflect the scope of the vaccine
release note contained in the AG ‘‘List
of Human and Animal Pathogens and
Toxins for Export Control.’’ ECCN
1C991 does not control any of the
human and animal pathogens and
toxins or genetic elements and
genetically modified organisms
identified on this AG list; however, it
does control vaccines, immunotoxins,
medical products, and diagnostic and
food testing kits that contain certain of
these AG-listed items.
The amendments contained in this
final rule are intended to clarify the
scope of the vaccine controls described
in ECCN 1C991. Prior to the effective
date of this final rule, the control text
for vaccines described in ECCN 1C991.a
indicated that this ECCN controlled
‘‘vaccines against items controlled by
ECCN 1C351, 1C353 or 1C354.’’ The use
of the term ‘‘against’’ in the control text
created some uncertainty concerning the
extent to which ECCN 1C991.a applied
to vaccines that ‘‘contain’’ items
controlled by ECCN 1C351, 1C353 or
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