[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