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 submission 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 insured 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 submission 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. Subsequent 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 937 

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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938 Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations 

Schedule 1 

A. Toxic chemicals: 

(1) H-alkyl (H or ≤C10, incl. cycloalkyl) 

N-(1-(dialkyl(≤C10, incl. 

cycloalkyl)amino))alkylidene(H or ≤C10, 

incl. cycloalkyl) phosphonamidic 

fluorides and corresponding alkylated 

or protonated salts 

e.g. N-(1-(di-n-decylamino)-ndecylidene)-P-decylphosphonamidic 

fluoride (CAS No. 2387495–99–8) 

Methyl-(1- 

(diethylamino)ethylidene) 

phosphonamidofluoridate (CAS No. 

2387496–12–8) 

(2) O-alkyl (H or ≤C10, incl. 

cycloalkyl) N-(1-(dialkyl(≤C10, incl. 

cycloalkyl)amino))alkylidene(H or ≤C10, 

incl. cycloalkyl) 

phosphoramidofluoridates and 

corresponding alkylated or protonated 

salts 

e.g. O-n-Decyl N-(1-(di-n-decylamino)-ndecylidene)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(≤C10)-N-(n-(hydroxyl, 

cyano, acetoxy)alkyl(≤C10)) ammonio]- 

n-[N-(3-dimethylcarbamoxy-apicolinyl)-N,N-dialkyl(≤C10) 

ammonio]decane dibromide (n=1–8) 

e.g. 1-[N,N-dimethyl-N-(2- 

hydroxy)ethylammonio]-10-[N-(3- 

dimethylcarbamoxy-a-picolinyl)-N,Ndimethylammonio]decane dibromide 

(CAS No. 77104–62–2) 

Bisquaternaries of 

dimethylcarbamoyloxypyridines: 

1,n-Bis[N-(3-dimethylcarbamoxy-apicolyl)-N,N-dialkyl(≤C10) ammonio]- 

alkane-(2,(n-1)-dione) dibromide 

(n=2–12) 

e.g. 1,10-Bis[N-(3-dimethylcarbamoxya-picolyl)-N-ethyl-Nmethylammonio]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 crossreference to (or general restatement of) 

the requirements in § 712.6 of the CWCR 

(except that the CWCR requirements 


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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations 939 

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: 

SUPPLEMENT NO. 1 TO PART 712—SCHEDULE 1 CHEMICALS

CAS 

registry No. 

A. Toxic Chemicals: 

1. Family: O-Alkyl(≤C10, 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 (≤C10, 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 ≤C10, 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 ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, 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 ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, 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(≤C10)-N-(n-(hydroxyl, cyano, 

acetoxy)alkyl(≤C10)) ammonio]-n-[N-(3-dimethylcarbamoxy-a-picolinyl)-N,N-dialkyl(≤C10) 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,Ndimethylammonio]decane dibromide .......................................................................................................................... 77104–62–2 

16.2. Family: Bisquaternaries of dimethylcarbamoyloxypyridines:1,n-Bis[N-(3-dimethylcarbamoxy-a-picolyl)-N,N-dialkyl(≤C10) 

ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2-12) 

Not limited to the following example: 


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SUPPLEMENT NO. 1 TO PART 712—SCHEDULE 1 CHEMICALS—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 ≤C10, 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: 

SUPPLEMENT NO. 1 TO PART 745—SCHEDULES OF CHEMICALS

CAS 

registry No. 

Schedule 1 

A. Toxic Chemicals: 

1. Family: O-Alkyl(≤C10, 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 (≤C10, 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 ≤C10, 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 ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, 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 ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, incl. 

cycloalkyl) phosphoramidofluoridates and corresponding alkylated or protonated salts 

Not limited to the following examples: 


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SUPPLEMENT NO. 1 TO PART 745—SCHEDULES OF CHEMICALS—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(≤C10)-N-(n-(hydroxyl, cyano, 

acetoxy)alkyl(≤C10)) ammonio]-n-[N-(3-dimethylcarbamoxy-a-picolinyl)-N,N-dialkyl(≤C10) 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,Ndimethylammonio]decane dibromide .......................................................................................................................... 77104–62–2 

16.2. Family: Bisquaternaries of dimethylcarbamoyloxypyridines:1,n-Bis[N-(3-dimethylcarbamoxy-a-picolyl)-N,N-dialkyl(≤C10) 

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 ≤C10, 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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SUPPLEMENT NO. 1 TO PART 745—SCHEDULES OF CHEMICALS—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 antiterrorism (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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