Impact of the Implementation of the Chemical Weapons Convention (CWC) on Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving “Schedule 1” Chemicals (Including Schedule 1 Chemicals Produced as Intermediates) Through Calendar Year 2014, 68855-68856 [2014-27425]
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Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Notices
Division, Office of Exporter Services,
Bureau of Industry and Security, U.S.
Department of Commerce, Phone: (202)
482–2440.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 141029907–4907–01]
Impact of the Implementation of the
Chemical Weapons Convention (CWC)
on Legitimate Commercial Chemical,
Biotechnology, and Pharmaceutical
Activities Involving ‘‘Schedule 1’’
Chemicals (Including Schedule 1
Chemicals Produced as Intermediates)
Through Calendar Year 2014
Bureau of Industry and
Security, Commerce.
ACTION: Notice of inquiry.
AGENCY:
The Bureau of Industry and
Security (BIS) is seeking public
comments on the impact that
implementation of the Chemical
Weapons Convention (CWC), through
the Chemical Weapons Convention
Implementation Act (CWCIA) and the
Chemical Weapons Convention
Regulations (CWCR), has had on
commercial activities involving
‘‘Schedule 1’’ chemicals during calendar
year 2014. The purpose of this notice of
inquiry is to collect information to assist
BIS in its preparation of the annual
certification to the Congress on whether
the legitimate commercial activities and
interests of chemical, biotechnology,
and pharmaceutical firms are being
harmed by such implementation. This
certification is required under Condition
9 of Senate Resolution 75, April 24,
1997, in which the Senate gave its
advice and consent to the ratification of
the CWC.
DATES: Comments must be received by
December 19, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: willard.fisher@bis.doc.gov.
Include the phrase ‘‘Schedule 1 Notice
of Inquiry’’ in the subject line;
• Fax: (202) 482–3355 (Attn: Willard
Fisher);
• By mail or delivery to Regulatory
Policy Division, Bureau of Industry and
Security, U.S. Department of Commerce,
Room 2099B, 14th Street and
Pennsylvania Avenue NW., Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT: For
questions on the Chemical Weapons
Convention requirements for ‘‘Schedule
1’’ chemicals, contact Douglas Brown,
Treaty Compliance Division, Office of
Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, U.S. Department of Commerce,
Phone: (202) 482–1001. For questions
on the submission of comments, contact
Willard Fisher, Regulatory Policy
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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Background
In providing its advice and consent to
the ratification of the Convention on the
Prohibition of the Development,
Production, Stockpiling, and Use of
Chemical Weapons and Their
Destruction, commonly called the
Chemical Weapons Convention (CWC or
‘‘the Convention’’), the Senate included,
in Senate Resolution 75 (S. Res. 75,
April 24, 1997), several conditions to its
ratification. Condition 9, titled
‘‘Protection of Advanced
Biotechnology,’’ calls for the President
to certify to Congress on an annual basis
that ‘‘the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are not being
significantly harmed by the limitations
of the Convention on access to, and
production of, those chemicals and
toxins listed in Schedule 1.’’ On July 8,
2004, President Bush, by Executive
Order 13346, delegated his authority to
make the annual certification to the
Secretary of Commerce.
The CWC is an international arms
control treaty that contains certain
verification provisions. In order to
implement these verification provisions,
the CWC established the Organization
for the Prohibition of Chemical
Weapons (OPCW). The CWC imposes
certain obligations on countries that
have ratified the Convention (i.e., States
Parties), among which are the enactment
of legislation to prohibit the production,
storage, and use of chemical weapons,
and the establishment of a National
Authority to serve as the national focal
point for effective liaison with the
OPCW and other States Parties in order
to achieve the object and purpose of the
Convention and the implementation of
its provisions. The CWC also requires
each State Party to implement a
comprehensive data declaration and
inspection regime to provide
transparency and to verify that both the
public and private sectors of the State
Party are not engaged in activities
prohibited under the CWC.
‘‘Schedule 1’’ chemicals consist of
those toxic chemicals and precursors set
forth in the CWC ‘‘Annex on
Chemicals’’ and in Supplement No. 1 to
part 712 of the Chemical Weapons
Convention Regulations (CWCR) (15
CFR parts 710–722). The CWC
identified these toxic chemicals and
precursors as posing a high risk to the
object and purpose of the Convention.
PO 00000
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Fmt 4703
Sfmt 4703
68855
The CWC (Part VI of the ‘‘Verification
Annex’’) restricts the production of
‘‘Schedule 1’’ chemicals for protective
purposes to two facilities per State
Party: A single small-scale facility
(SSSF) and a facility for production in
quantities not exceeding 10 kg per year.
The CWC Article-by-Article Analysis
submitted to the Senate in Treaty Doc.
103–21 defined the term ‘‘protective
purposes’’ to mean ‘‘used for
determining the adequacy of defense
equipment and measures.’’ Consistent
with this definition and as authorized
by Presidential Decision Directive (PDD)
70 (December 17, 1999), which specifies
agency and departmental
responsibilities as part of the U.S.
implementation of the CWC, the
Department of Defense (DOD) was
assigned the responsibility to operate
these two facilities. Although this
assignment of responsibility to DOD
under PDD–70 effectively precluded
commercial production of ‘‘Schedule 1’’
chemicals for protective purposes in the
United States, it did not establish any
limitations on ‘‘Schedule 1’’ chemical
activities that are not prohibited by the
CWC. However, DOD does maintain
strict controls on ‘‘Schedule 1’’
chemicals produced at its facilities in
order to ensure accountability for such
chemicals, as well as their proper use,
consistent with the object and purpose
of the Convention.
The provisions of the CWC that affect
commercial activities involving
‘‘Schedule 1’’ chemicals are
implemented in the CWCR (see 15 CFR
part 712) and in 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).
Pursuant to CWC requirements, the
CWCR restrict commercial production
of ‘‘Schedule 1’’ chemicals to research,
medical, or pharmaceutical purposes
(the CWCR prohibit commercial
production of ‘‘Schedule 1’’ chemicals
for ‘‘protective purposes’’ because such
production is effectively precluded per
PDD–70, as described above—see 15
CFR 712.2(a)). The CWCR also contain
other requirements and prohibitions
that apply to ‘‘Schedule 1’’ chemicals
and/or ‘‘Schedule 1’’ facilities.
Specifically, the CWCR:
(1) Prohibit the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(b));
(2) Require annual declarations by
certain 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
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Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
by the Convention (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 Organization
for the Prohibition of Chemical
Weapons (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 of all imports and
exports of ‘‘Schedule 1’’ chemicals to, or
from, other States Parties to the
Convention (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
Convention (15 CFR 742.18(a)(1) and
(b)(1)(ii)).
For purposes of the CWCR (see 15
CFR 710.1), ‘‘production of a Schedule
1 chemical’’ means the formation of
‘‘Schedule 1’’ chemicals through
chemical synthesis, as well as
processing to extract and isolate
‘‘Schedule 1’’ chemicals produced
biologically. Such production is
understood, for CWCR declaration
purposes, to include intermediates, byproducts, or waste products that are
produced and consumed within a
defined chemical manufacturing
sequence, where such intermediates, byproducts, 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.
Request for Comments
In order to assist in determining
whether the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are
significantly harmed by the limitations
of the Convention on access to, and
production of, ‘‘Schedule 1’’ chemicals
as described in this notice, BIS is
seeking public comments on any effects
that implementation of the Chemical
Weapons Convention, through the
Chemical Weapons Convention
Implementation Act and the Chemical
Weapons Convention Regulations, has
had on commercial activities involving
‘‘Schedule 1’’ chemicals during calendar
year 2014. To allow BIS to properly
evaluate the significance of any harm to
VerDate Sep<11>2014
16:16 Nov 18, 2014
Jkt 235001
commercial activities involving
‘‘Schedule 1’’ chemicals, public
comments submitted in response to this
notice of inquiry should include both a
quantitative and qualitative assessment
of the impact of the CWC on such
activities.
Submission of Comments
All comments must be submitted to
one of the addresses indicated in this
notice. The Department requires that all
comments be submitted in written form.
The Department encourages interested
persons who wish to comment to do so
at the earliest possible time. The period
for submission of comments will close
on December 19, 2014. The Department
will consider all comments received
before the close of the comment period.
Comments received after the end of the
comment period will be considered if
possible, but their consideration cannot
be assured. The Department will not
accept comments accompanied by a
request that a part or all of the material
be treated confidentially because of its
business proprietary nature or for any
other reason. The Department will
return such comments and materials to
the persons submitting the comments
and will not consider them. All
comments submitted in response to this
notice will be a matter of public record
and will be available for public
inspection and copying.
The Office of Administration, Bureau
of Industry and Security, U.S.
Department of Commerce, displays
public comments on the BIS Freedom of
Information Act (FOIA) Web site at
https://www.bis.doc.gov/foia. This office
does not maintain a separate public
inspection facility. If you have technical
difficulties accessing this Web site,
please call BIS’s Office of
Administration, at (202) 482–1093, for
assistance.
Dated: November 14, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2014–27425 Filed 11–18–14; 8:45 am]
BILLING CODE 3510–33–P
PO 00000
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on small
diameter graphite electrodes from the
People’s Republic of China (PRC),
covering the period February 1, 2013,
through January 31, 2014. The
Department preliminarily determines
that during the period of review (POR)
one company covered by this review
made sales of subject merchandise at
less than normal value. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: November 19,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0198.
Scope of the Order
The merchandise covered by the order
includes all small diameter graphite
electrodes with a nominal or actual
diameter of 400 millimeters (16 inches)
or less and graphite pin joining systems
for small diameter graphite electrodes.
Small diameter graphite electrodes and
graphite pin joining systems for small
diameter graphite electrodes that are
subject to the order are currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 8545.11.0010, 3801.10, and
8545.11.0020. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive. A full description
of the scope of the order is contained in
the Preliminary Decision
Memorandum.1
1 See memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Decision
Memorandum for Preliminary Results of
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]]>Agencies
[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Pages 68855-68856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27425]
[[Page 68855]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 141029907-4907-01]
Impact of the Implementation of the Chemical Weapons Convention
(CWC) on Legitimate Commercial Chemical, Biotechnology, and
Pharmaceutical Activities Involving ``Schedule 1'' Chemicals (Including
Schedule 1 Chemicals Produced as Intermediates) Through Calendar Year
2014
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notice of inquiry.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is seeking public
comments on the impact that implementation of the Chemical Weapons
Convention (CWC), through the Chemical Weapons Convention
Implementation Act (CWCIA) and the Chemical Weapons Convention
Regulations (CWCR), has had on commercial activities involving
``Schedule 1'' chemicals during calendar year 2014. The purpose of this
notice of inquiry is to collect information to assist BIS in its
preparation of the annual certification to the Congress on whether the
legitimate commercial activities and interests of chemical,
biotechnology, and pharmaceutical firms are being harmed by such
implementation. This certification is required under Condition 9 of
Senate Resolution 75, April 24, 1997, in which the Senate gave its
advice and consent to the ratification of the CWC.
DATES: Comments must be received by December 19, 2014.
ADDRESSES: You may submit comments by any of the following methods:
Email: willard.fisher@bis.doc.gov. Include the phrase
``Schedule 1 Notice of Inquiry'' in the subject line;
Fax: (202) 482-3355 (Attn: Willard Fisher);
By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: For questions on the Chemical Weapons
Convention requirements for ``Schedule 1'' chemicals, contact Douglas
Brown, Treaty Compliance Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry and Security, U.S. Department of
Commerce, Phone: (202) 482-1001. For questions on the submission of
comments, contact Willard Fisher, Regulatory Policy Division, Office of
Exporter Services, Bureau of Industry and Security, U.S. Department of
Commerce, Phone: (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
In providing its advice and consent to the ratification of the
Convention on the Prohibition of the Development, Production,
Stockpiling, and Use of Chemical Weapons and Their Destruction,
commonly called the Chemical Weapons Convention (CWC or ``the
Convention''), the Senate included, in Senate Resolution 75 (S. Res.
75, April 24, 1997), several conditions to its ratification. Condition
9, titled ``Protection of Advanced Biotechnology,'' calls for the
President to certify to Congress on an annual basis that ``the
legitimate commercial activities and interests of chemical,
biotechnology, and pharmaceutical firms in the United States are not
being significantly harmed by the limitations of the Convention on
access to, and production of, those chemicals and toxins listed in
Schedule 1.'' On July 8, 2004, President Bush, by Executive Order
13346, delegated his authority to make the annual certification to the
Secretary of Commerce.
The CWC is an international arms control treaty that contains
certain verification provisions. In order to implement these
verification provisions, the CWC established the Organization for the
Prohibition of Chemical Weapons (OPCW). The CWC imposes certain
obligations on countries that have ratified the Convention (i.e.,
States Parties), among which are the enactment of legislation to
prohibit the production, storage, and use of chemical weapons, and the
establishment of a National Authority to serve as the national focal
point for effective liaison with the OPCW and other States Parties in
order to achieve the object and purpose of the Convention and the
implementation of its provisions. The CWC also requires each State
Party to implement a comprehensive data declaration and inspection
regime to provide transparency and to verify that both the public and
private sectors of the State Party are not engaged in activities
prohibited under the CWC.
``Schedule 1'' chemicals consist of those toxic chemicals and
precursors set forth in the CWC ``Annex on Chemicals'' and in
Supplement No. 1 to part 712 of the Chemical Weapons Convention
Regulations (CWCR) (15 CFR parts 710-722). The CWC identified these
toxic chemicals and precursors as posing a high risk to the object and
purpose of the Convention.
The CWC (Part VI of the ``Verification Annex'') restricts the
production of ``Schedule 1'' chemicals for protective purposes to two
facilities per State Party: A single small-scale facility (SSSF) and a
facility for production in quantities not exceeding 10 kg per year. The
CWC Article-by-Article Analysis submitted to the Senate in Treaty Doc.
103-21 defined the term ``protective purposes'' to mean ``used for
determining the adequacy of defense equipment and measures.''
Consistent with this definition and as authorized by Presidential
Decision Directive (PDD) 70 (December 17, 1999), which specifies agency
and departmental responsibilities as part of the U.S. implementation of
the CWC, the Department of Defense (DOD) was assigned the
responsibility to operate these two facilities. Although this
assignment of responsibility to DOD under PDD-70 effectively precluded
commercial production of ``Schedule 1'' chemicals for protective
purposes in the United States, it did not establish any limitations on
``Schedule 1'' chemical activities that are not prohibited by the CWC.
However, DOD does maintain strict controls on ``Schedule 1'' chemicals
produced at its facilities in order to ensure accountability for such
chemicals, as well as their proper use, consistent with the object and
purpose of the Convention.
The provisions of the CWC that affect commercial activities
involving ``Schedule 1'' chemicals are implemented in the CWCR (see 15
CFR part 712) and in 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). Pursuant to CWC
requirements, the CWCR restrict commercial production of ``Schedule 1''
chemicals to research, medical, or pharmaceutical purposes (the CWCR
prohibit commercial production of ``Schedule 1'' chemicals for
``protective purposes'' because such production is effectively
precluded per PDD-70, as described above--see 15 CFR 712.2(a)). The
CWCR also contain other requirements and prohibitions that apply to
``Schedule 1'' chemicals and/or ``Schedule 1'' facilities.
Specifically, the CWCR:
(1) Prohibit the import of ``Schedule 1'' chemicals from States not
Party to the Convention (15 CFR 712.2(b));
(2) Require annual declarations by certain 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
[[Page 68856]]
by the Convention (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 Organization for the Prohibition
of Chemical Weapons (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 of all
imports and exports of ``Schedule 1'' chemicals to, or from, other
States Parties to the Convention (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 Convention (15 CFR 742.18(a)(1) and (b)(1)(ii)).
For purposes of the CWCR (see 15 CFR 710.1), ``production of a
Schedule 1 chemical'' means the formation of ``Schedule 1'' chemicals
through chemical synthesis, as well as processing to extract and
isolate ``Schedule 1'' chemicals produced biologically. Such production
is understood, for CWCR 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.
Request for Comments
In order to assist in determining whether the legitimate commercial
activities and interests of chemical, biotechnology, and pharmaceutical
firms in the United States are significantly harmed by the limitations
of the Convention on access to, and production of, ``Schedule 1''
chemicals as described in this notice, BIS is seeking public comments
on any effects that implementation of the Chemical Weapons Convention,
through the Chemical Weapons Convention Implementation Act and the
Chemical Weapons Convention Regulations, has had on commercial
activities involving ``Schedule 1'' chemicals during calendar year
2014. To allow BIS to properly evaluate the significance of any harm to
commercial activities involving ``Schedule 1'' chemicals, public
comments submitted in response to this notice of inquiry should include
both a quantitative and qualitative assessment of the impact of the CWC
on such activities.
Submission of Comments
All comments must be submitted to one of the addresses indicated in
this notice. The Department requires that all comments be submitted in
written form.
The Department encourages interested persons who wish to comment to
do so at the earliest possible time. The period for submission of
comments will close on December 19, 2014. The Department will consider
all comments received before the close of the comment period. Comments
received after the end of the comment period will be considered if
possible, but their consideration cannot be assured. The Department
will not accept comments accompanied by a request that a part or all of
the material be treated confidentially because of its business
proprietary nature or for any other reason. The Department will return
such comments and materials to the persons submitting the comments and
will not consider them. All comments submitted in response to this
notice will be a matter of public record and will be available for
public inspection and copying.
The Office of Administration, Bureau of Industry and Security, U.S.
Department of Commerce, displays public comments on the BIS Freedom of
Information Act (FOIA) Web site at https://www.bis.doc.gov/foia. This
office does not maintain a separate public inspection facility. If you
have technical difficulties accessing this Web site, please call BIS's
Office of Administration, at (202) 482-1093, for assistance.
Dated: November 14, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-27425 Filed 11-18-14; 8:45 am]
BILLING CODE 3510-33-P
