[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Proposed Rules]
[Pages 42010-42011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14441]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 710 Through 729

[Docket No. 990611158-5180-05]
RIN 0694-AB06


Review Under Section 610 of the Regulatory Flexibility Act: 
Economic Impact of the Chemical Weapons Convention Regulations (CWCR) 
on Small Business Entities

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Request for comments.

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SUMMARY: This document requests comments on the economic impact of the 
Chemical Weapons Convention Regulations (CWCR) on small business 
entities, pursuant to the requirements of Section 610 of the Regulatory 
Flexibility Act (RFA). The comments sought in this document should be 
directed to the impact of the CWCR on small business entities, only. 
The public does not need to re-submit previous comments made during the 
comment period that closed on February 7, 2005, for the proposed CWCR 
published on December 7, 2004.

DATES: Comments must be submitted by August 22, 2005.

ADDRESSES: You may submit comments, identified by RIN 0694-AB06, by any 
of the following methods:
     E-mail: [email protected]. Include ``RIN 0694-
AB06'' in the subject line of the message.
     Fax: (202) 482-3355. Please alert the Regulatory Policy 
Division, by calling (202) 482-2440, if you are faxing comments.
     Mail or Hand Delivery/Courier: Willard Fisher, U.S. 
Department of Commerce, Bureau of Industry and Security, Regulatory 
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230, ATTN: RIN 0694-AB06.

[[Page 42011]]


FOR FURTHER INFORMATION CONTACT: For questions of a general or 
regulatory nature, contact the Regulatory Policy Division, telephone: 
(202) 482-2440. For program information on declarations, reports, 
advance notifications, chemical determinations, recordkeeping, 
inspections and facility agreements, contact the Treaty Compliance 
Division, Office of Nonproliferation and Treaty Compliance, telephone: 
(703) 605-4400; for legal questions, contact Rochelle Woodard, Office 
of the Chief Counsel for Industry and Security, telephone: (202) 482-
5301.

SUPPLEMENTARY INFORMATION: Under section 610 of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) (RFA), the Bureau of Industry 
and Security (BIS) is required to periodically review all rules issued 
by the agency that have or will have a significant economic impact upon 
a substantial number of small entities. The purpose of the review is to 
determine whether these rules should be continued without change or 
whether they should be amended or rescinded to minimize any significant 
economic impact of the rules upon a substantial number of small 
entities.
    As part of this review, BIS is also required to publish each year 
in the Federal Register a list of the rules that have a significant 
economic impact on a substantial number of small entities and that, 
therefore, must be reviewed pursuant to section 610 of the RFA during 
the succeeding twelve months. The list should include a brief 
description of each rule, identify the need for and legal basis of each 
rule, and invite public comment concerning the economic impact of each 
rule on small entities.
    Pursuant to the Department of Commerce's plan for compliance with 
section 610 of the RFA, BIS undertook a review in 2005 of all rules 
promulgated during the period between April 1996 and October 2000 that 
had a significant economic impact on a substantial number of small 
entities. This review produced only one rule that was subject to a 
section 610 review: the Chemical Weapons Convention Regulations (CWCR), 
published in interim form on December 30, 1999 (15 CFR Parts 710-729).

Background on the Chemical Weapons Convention Regulations (CWCR)

    The CWCR implement the provisions of the Chemical Weapons 
Convention Implementation Act of 1998 (CWCIA) (22 U.S.C. 6701 et seq.), 
which was enacted on October 21, 1998, to implement the Chemical 
Weapons Convention (CWC). The CWC, which entered into force on April 
29, 1997, is an arms control treaty that bans the development, 
production, stockpiling or use of chemical weapons, and prohibits 
States Parties to the CWC from assisting or encouraging anyone to 
engage in a prohibited activity. The CWC provides for declaration and 
inspection of all States Parties' chemical weapons and chemical weapon 
production facilities, and oversees the destruction of such weapons and 
facilities. It also establishes a comprehensive verification scheme and 
requires the declaration and inspection of facilities that produce, 
process or consume certain ``scheduled'' chemicals or unscheduled 
discrete organic chemicals, many of which have significant commercial 
applications.
    The CWCIA authorizes the United States to require the U.S. chemical 
industry and other private entities to submit declarations, 
notifications and other reports and also to provide access for on-site 
inspections conducted by inspectors sent by the Organization for the 
Prohibition of Chemical Weapons (OPCW). Executive Order (E.O.) 13128 
delegates authority to the Department of Commerce to promulgate 
regulations, obtain and execute warrants, provide assistance to certain 
facilities, and carry out appropriate functions to implement the CWC, 
consistent with the Act.
    The December 30, 1999, CWCR interim rule established the compliance 
requirements of the CWC, as mandated by the provisions of the CWCIA. 
The interim CWCR set forth the declaration, reporting and inspection 
requirements for U.S. industry and U.S. persons, as well as the 
responsibilities of the U.S. Government and BIS in implementing and 
enforcing the CWC domestically. On December 7, 2004, BIS published a 
proposed rule that would revise the CWCR to reflect changes to 
declaration and reporting requirements, clarify certain inspection 
provisions in the CWCR, and revise other sections of the CWCR that were 
affected by decisions made by the Organization for the Prohibition of 
Chemical Weapons (OPCW), the international organization responsible for 
the implementation and enforcement of the CWC.

Conduct of Review and Request for Comments

    In conducting its review, the Department will consider the 
following factors:
    (1) The continued need for the rule;
    (2) The nature of complaints or comments received concerning the 
rule from the public;
    (3) The complexity of the rule;
    (4) The extent to which the rule overlaps, duplicates or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local governmental rules; and
    (5) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule.
    In order to consider these factors and to minimize any significant 
economic impact of the rule on a substantial number of small entities, 
the Department solicits comments on the economic impact of the CWCR on 
small entities.
    As mentioned above, BIS published proposed revisions to the CWCR on 
December 7, 2004 (69 FR 70753), and requested comments on the proposed 
rule. The comment period for the proposed rule closed on February 7, 
2005. BIS is currently reviewing those comments and incorporating any 
responses into the final CWCR. The comments that are submitted in 
response to this notice will be considered by BIS, in addition to those 
previously provided on the December 7, 2004, proposed rule, and BIS 
will address these comments in any forthcoming final rule. Therefore, 
comments that were submitted to BIS in response to the December 7, 
2004, CWCR proposed rule need not be re-submitted in response to this 
request for comments. In this notice, BIS is seeking comments on the 
Chemical Weapons Convention regulations only with regard to the factors 
to be considered under section 610 of the RFA.

    Dated: July 15, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-14441 Filed 7-20-05; 8:45 am]
BILLING CODE 3510-33-P