[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Rules and Regulations]
[Pages 6687-6688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3489]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 774
[Docket No. 961206342-6342-01]
RIN 0694-AB46
Revisions to the Commerce Control List: Exports of Mixtures
Containing Trace Quantities of Precursor Chemicals; ECCNs 1C350 and
1C995
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Export Administration is amending the Commerce
Control List (CCL) of the Export Administration Regulations (15 CFR
parts 730-774) to simplify export controls on mixtures that contain
relatively small amounts, ``traces'', of controlled precursor
chemicals.
DATES: This rule is effective February 12, 1997.
FOR FURTHER INFORMATION CONTACT: For questions on foreign policy
controls, call Patricia Sefcik, Bureau of Export Administration,
Telephone: (202) 482-0707.
For questions of a technical nature on chemical weapon precursors,
biological agents, and equipment that can be used to produce chemical
and biological weapons agents, call James Seevaratnam, Bureau of Export
Administration, Telephone: (202) 482-3343.
SUPPLEMENTARY INFORMATION: Currently, Export Control Classification
Number (ECCN) 1C350 on the Commerce Control List (CCL) includes an
exemption from controls for mixtures containing certain concentrations
of precursor and intermediate chemicals identified by that entry. This
exemption is on a solvent-free basis.
This final rule amends the CCL of the Export Administration
Regulations (EAR) to implement a new treatment of ``trace chemicals''
under ECCN 1C350. If all the criteria set forth are met and the
relevant General Prohibitions found in
[[Page 6688]]
part 736 do not apply, exports may be made under ECCN 1C350 without
applying for a license, for mixtures that contain a cumulative total
concentration of no more than 10,000 parts by weight (pbw) per million,
of all precursor or intermediate chemicals listed in ECCN 1C350. Such
mixtures are controlled under ECCN 1C995. This treatment is not
available for mixtures containing the following precursor chemicals: 0-
Ethyl-2-diisopropylaminoethyl methylphosphonite (QL) (C.A.S. #57856-11-
8), Ethylphosphonyl difluoride (C.A.S. #753-98-0), and Methylphosphonyl
difluoride (C.A.S. #676-99-3).
This rule also revises the ``Related Definition'' section of ECCN
1C995 to clarify that mixtures containing trace quantities are
controlled under this entry.
This new treatment will permit export without applying for a
license for many common commercial products while requiring license
applications for those mixtures that contain significant quantities of
precursor chemicals.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. This rule involves collections of information subject to 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 number 0694-0088. The effect of this rule will decrease
license application requirements, thus reduce the paperwork burden on
the public. Notwithstanding any other provision of law, no person is
required to respond nor shall a 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.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
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 (see 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 rule. Because a notice
of proposed rulemaking and an opportunity for public comment are not
required to be given for this rule by 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 inapplicable.
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 Sharron
Cook, Regulatory Policy Division, Office of Exporter Services, Bureau
of Export Administration, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
List of Subjects in 15 CFR part 774
Exports, Foreign trade.
Accordingly, part 774 of the Export Administration Regulations (15
CFR Parts 730-799) are amended as follows:
1. The authority citation for part 774 continues 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; Sec. 201, Pub. L. 104-
58, 109 Stat. 557 (30 U.S.C. 185(s)); 30 U.S.C. 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; E.O. 12924, (3 CFR, 1994 Comp., p. 917 (1995));
Notice of August 15, 1995 (3 CFR, 1995 Comp. 501 (1996)); Notice of
August 14, 1996 (61 FR 42527, August 15, 1996).
PART 774--[AMENDED]
2. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'', and Toxins:
a. The License Requirements section of Export Control
Classification Number (ECCN) 1C350 is amended by redesignating License
Requirement note 3 as note 4, and by adding a new License Requirement
note 3; and
b. the List of Items Controlled under ECCN 1C995 is revised to read
as follows:
1C350 Chemicals that may be used as precursors for toxic chemical
agents.
License Requirements
* * * * *
License Requirement Notes
* * * * *
3. Trace Quantities:
a. A license is required for mixtures containing any amount
(including trace quantities) of the following chemicals: 0-Ethyl-2-
diisopropylaminoethyl methylphosphonite (QL) (C.A.S. #57856-11-8),
Ethylphosphonyl difluoride (C.A.S. #753-98-0), and Methylphosphonyl
difluoride (C.A.S. #676-99-3).
b. Except as noted in paragraph (a) of this Note, a license is not
required under this entry for mixtures that contain a cumulative total
concentration of no more than 10,000 parts by weight (pbw) per million
of all precursor or intermediate chemicals listed in this entry. The
calculation for this paragraph (b) should not be done on a solvent-free
basis (related ECCN: 1C995).
c. Countries Not Eligible: The following countries are not eligible
for exports under this Trace Quantities Note: Cuba, Iran, Iraq, Libya,
North Korea, Sudan, and Syria.
* * * * *
1C995 Mixtures containing precursor and intermediate chemicals used
in the ``production'' of chemical warfare agents that are not
controlled by ECCN 1C350.
License Requirements
* * * * *
License Exceptions
* * * * *
List of Items Controlled
Unit: Kilograms.
Related Controls: N/A.
Related Definition: For calculation of de minimis quantities of
controlled chemicals in mixtures, see License Requirement Notes 2 and 3
under ECCN 1C350, and Sec. 770.4 of the EAR.
Items: The list of items controlled is contained in the ECCN
heading.
* * * * *
Dated: February 7, 1997.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 97-3489 Filed 2-11-97; 8:45 am]
BILLING CODE 3510-33-P
