Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6687

Methylphosphonyl difluoride (C.A.S.

#676–99–3).

b. Countries Not Eligible: The

following countries are not eligible to

receive sample shipments: Cuba, Iran,

Libya, North Korea, Sudan, Syria.

c. Sample Shipments: A license is not

required for sample shipments when the

cumulative total of these shipments

does not exceed a 55-gallon container or

200 kg of each chemical to any one

consignee per calendar year. Multiple

sample shipments, in any quantity, not

exceeding the totals indicated in this

paragraph may be exported without a

license, in accordance with the

provisions of this NOTE 1. A consignee

that receives a sample shipment under

this exclusion may not resell, transfer or

reexport the sample shipment, but may

use the sample shipment for any other

legal purpose unrelated to chemical

weapons. However, a sample shipment

received under this exclusion remains

subject to all General Prohibitions

including the end-use restriction

described in § 744.4 of the EAR.

d. The exporter is required to submit

a quarterly written report for shipments

of samples made under this Note 1. The

report must be on company letterhead

stationery (titled ‘‘Report of Sample

Shipments of Chemical Precursors’’ at

the top of the first page) and identify the

chemical(s), Chemical Abstract Service

Registry (C.A.S.) number(s),

quantity(ies), the ultimate consignee’s

name and address, and the date

exported. The report must be sent to the

U.S. Department of Commerce, Bureau

of Export Administration, Room 2705,

Washington, DC 20230, Attn: ‘‘Report of

Sample Shipments of Chemical

Precursors’’.

2. MIXTURES: Mixtures controlled by

this entry that contain certain

concentrations of precursor and

intermediate chemicals are subject to

the following licensing requirements:

a. A license is required, regardless of

the concentrations in the mixture, for

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. A license is required when at least

one of the following chemicals

constitutes more than 10 percent of the

weight of the mixture on a solvent free

basis: Arsenic trichloride (C.A.S. #7784–

34–1), Benzilic acid (C.A.S. #76–93–7),

Diethyl ethylphosphonate (C.A.S. #78–

38–6), Diethyl methylphosphonite

(C.A.S. #15715–41–0), Diethyl-N,Ndimethylphosphoroamidate (C.A.S.

#2404–03–7), N,N-Diisopropyl-betaaminoethane thiol (C.A.S. #5842–07–9),

N,N-Diisopropyl-2-aminoethyl chloride

hydrochloride (C.A.S. #4261–68–1),

N,N-Diisopropyl-beta-aminoethanol

(C.A.S. #96–80–0), N,N-Diisopropylbeta-aminoethyl chloride (C.A.S. #96–

79–7), Dimethyl ethylphosphonate

(C.A.S. #6163–75–3), Dimethyl

methylphosphonate (C.A.S. #756–79–6),

Ethylphosphonous dichloride

[Ethylphosphinyl dichloride] (C.A.S.

#1498–40–4), Ethylphosphonus

difluoride [Ethylphosphinyl difluoride]

(C.A.S. #430–78–4), Ethylphosphonyl

dichloride (C.A.S. #1066–50–8),

Methylphosphonous dichloride

[Methylphosphinyl dicloride] (C.A.S.

#676–83–5), Methylphosphonous

difluoride [Methylphosphinyl

difluoride] (C.A.S. #753–59–3),

Methylphosphonyl dichloride (C.A.S.

#676–97–1), Pinacolyl alcohol (C.A.S.

#464–07–3), 3-Quinuclidinol (C.A.S.

#1619–34–7), and Thiodiglycol (C.A.S.

#111–48–8); (Related ECCN: 1C995)

c. A license is required when at least

one of all other chemicals in the List of

Items Controlled constitutes more than

25 percent of the weight of the mixture

on a solvent free basis (related ECCN:

1C995); and

d. A license is not required under this

entry for mixtures when the controlled

chemical is a normal ingredient in

consumer goods packaged for retail sale

for personal use. Such consumer goods

are controlled by ECCN EAR99.

e. Calculation of concentrations of

AG-controlled chemicals.

1. Usual Commercial Purposes. In

calculating the percentage of an AG

controlled chemical in a mixture

(solution), any other chemical must be

excluded if it was not added for usual

commercial purposes, but was added for

the sole purpose of circumventing the

Export Administration Regulations.

2. ‘‘Solvent Free Basis Requirement.’’

When calculating the percentage, by

weight, of components in a chemical

mixture, you must exclude from the

calculation any component of the

mixture that acts as a solvent.

3. Solvent—For purposes of this

ECCN ‘‘A substance capable of

dissolving another substance to form a

uniformly dispersed mixture

(solution)’’.

• Solvents are liquids at standard

temperature and pressure (STP).

• In no instance is an AG controlled

chemical considered a ‘‘solvent’’.

• All ingredients of mixtures are

expressed in terms of weight.

• The solvent component of the

mixture converts it into a solution.

3. COMPOUNDS: A license is not

required under this entry for chemical

compounds created with any chemicals

identified in this ECCN 1C350, unless

those compounds are also identified in

this entry.

* * * * *

Dated: February 7, 1997.

Sue E. Eckert,

Assistant Secretary for Export

Administration.

[FR Doc. 97–3490 Filed 2–11–97; 8:45 am]

BILLING CODE 3510–33–P

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.

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
6688 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

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-Ethyl2-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 § 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