[Federal Register Volume 69, Number 86 (Tuesday, May 4, 2004)]
[Rules and Regulations]
[Pages 24507-24508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10128]



[[Page 24507]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 040206045-4045-01]
RIN 0694-AC87


Amendment to the Export Administration Regulations: Correction to 
ECCN 1C355 on the Commerce Control List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to correct the description of 
certain precursor chemicals on the Commerce Control List to make it 
consistent with the list of ``Schedule 2'' chemicals under the Chemical 
Weapons Convention (CWC).

DATES: This rule is effective May 4, 2004.

ADDRESSES: Written comments should be sent to Matthew Blaskovich, 
Regulatory Policy Division, Office of Exporter Services, Bureau of 
Industry and Security, Room 2705, 14th Street and Pennsylvania Avenue, 
NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Ivan Rios, Office of Chemical and 
Biological Controls and Treaty Compliance, Bureau of Industry and 
Security, Telephone: (202) 482-7900.

SUPPLEMENTARY INFORMATION: 

Background

    This rule amends the Export Administration Regulations (EAR) by 
correcting the description of certain precursor chemicals in Export 
Control Classification Number (ECCN) 1C355 on the Commerce Control List 
(CCL) to make it consistent with the list of ``Schedule 2'' chemicals 
under the Chemical Weapons Convention (CWC). Specifically, this rule 
corrects ECCN 1C355a.2.a to be consistent with the description in 
Schedule 2.B(4) of the CWC, set forth in Supplement No. 1 to Part 745 
of the EAR, by changing ``* * * with no additional carbon atoms in the 
structure,'' to ``* * * but not further carbon atoms'' at the end of 
the description. This correction is necessary to clarify that all 
Schedule 2.B(4) chemicals are controlled for export under ECCN 1C355. 
This final rule also deletes the sub-heading ``Family'' of ECCN 
1C355a.2.a to correct the description of this category of chemicals.
    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 7, 2003 (68 FR 47833, August 
11, 2003), continues the Regulations in effect under the International 
Emergency Economic Powers Act.

Savings Clause

    Shipments of items that are subject to a license requirement as a 
result of this regulatory action that were on dock for loading, on 
lighter, laden aboard an exporting carrier, or en route aboard a 
carrier to a port of export, on May 4, 2004, pursuant to actual orders 
for export to a foreign destination, may proceed to that destination 
without a license so long as they have been exported from the United 
States before May 18, 2004. Any such items not actually exported before 
midnight, on May 18, 2004, require a license in accordance with this 
regulation.

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 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 58 minutes for a manual or electronic 
submission. Send comments regarding these burden estimates or any other 
aspect of these collections of information, including suggestions for 
reducing the burden, to OMB Desk Officer, New Executive Office 
Building, Washington, DC 20503; and to the Office of Administration, 
Bureau of Industry and Security, Department of Commerce, 14th and 
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.
    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 Matthew 
Blaskovich, Regulatory Policy Division, Bureau of Industry and 
Security, U.S. Department of Commerce, Room 2705, 14th Street and 
Pennsylvania Avenue, NW., Washington, DC 20230.

List of Subjects in 15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.


0
Accordingly, Part 774 of the Export Administration Regulations (15 CFR 
Parts 730-799) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR 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; 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 7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.

0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins,'' ECCN 
1C355 is amended by revising the ``items'' paragraph in the List of 
Items Controlled section to read as follows:
    1C355 Chemical Weapons Convention (CWC) Schedule 2 and 3 chemicals 
and families of chemicals not controlled by ECCN 1C350 or by the 
Department of State under the ITAR.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *

[[Page 24508]]

    Items:
    a. CWC Schedule 2 chemicals and mixtures containing Schedule 2 
chemicals: a.1. Toxic chemicals, as follows, and mixtures containing 
toxic chemicals: a.1.a. PFIB: 1,1,3,3,3-Pentafluoro-2-
(trifluoromethyl)-1-propene (C.A.S. 382-21-8) and mixtures in which 
PFIB constitutes more than 1 percent of the weight of the mixture;
    a.1.b. [RESERVED]
    a.2. Precursor chemicals, as follows, and mixtures in which at 
least one of the following precursor chemicals constitutes more than 10 
percent of the weight of the mixture:
    a.2.a. 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.


    Note: 1C355.a.2.a does not control Fonofos: O-Ethyl S-phenyl 
ethylphosphonothiolothionate (C.A.S. 944-22-9).


    a.2.b. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic 
dihalides;
    a.2.c. FAMILY: Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, 
n-Pr, or i-Pr)-phosphoramidates;
    a.2.d. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts;

    a.2.e. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols 
and corresponding protonated salts;


    Note: 1C355.a.2.e. does not control N,N-Dimethylaminoethanol and 
corresponding protonated salts (C.A.S. 108-01-0) or N,N-
Diethylaminoethanol and corresponding protonated salts (C.A.S. 100-
37-8).


    a.2.f. FAMILY: N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-
thiols and corresponding protonated salts.
    b. CWC Schedule 3 chemicals and mixtures containing Schedule 3 
chemicals:
    b.1. Toxic chemicals, as follows, and mixtures in which at least 
one of the following toxic chemicals constitutes 30 percent or more of 
the weight of the mixture:
    b.1.a. Phosgene: Carbonyl dichloride (C.A.S. 75-44-5);
    b.1.b. Cyanogen chloride (C.A.S. 506-77-4);
    b.1.c. Hydrogen cyanide (C.A.S. 74-90-8).
    b.2. Precursor chemicals, as follows, and mixtures in which at 
least one of the following precursor chemicals constitutes 30 percent 
or more of the weight of the mixture:
    b.2.a. Ethyldiethanolamine (C.A.S. 139-87-7);
    b.2.b. Methyldiethanolamine (C.A.S. 105-59-9).
    b.3. Mixtures containing chloropicrin
(trichloronitromethane)(C.A.S. 76-06-2) transferred from the Department 
of State (see Related Controls).

    Dated: April 27, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-10128 Filed 5-3-04; 8:45 am]
BILLING CODE 3510-33-P