Chemical Weapons Convention Regulations: Additions to the List of States Parties; Updates to Contact Information for the Treaty Compliance Division; Editorial Corrections, 78180-78183 [E8-30384]
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Rules and Regulations
The Rule
This amendment to 14 CFR part 71
revises Class E airspace at the Toksook
Bay Airport, Alaska. This Class E
airspace is revised to accommodate
aircraft executing amended instrument
procedures, and will be depicted on
aeronautical charts for pilot reference.
The intended effect of this rule is to
provide adequate controlled airspace for
Instrument Flight Rules (IFR) operations
at the Toksook Bay Airport, Toksook
Bay, Alaska.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Because this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle 1, section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart 1, section
40103, Sovereignty and use of airspace.
Under that section, the FAA is charged
with prescribing regulations to ensure
the safe and efficient use of the
navigable airspace. This regulation is
within the scope of that authority
because it creates Class E airspace
sufficient in size to contain aircraft
executing instrument procedures for the
Toksook Bay Airport and represents the
FAA’s continuing effort to safely and
efficiently use the navigable airspace.
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List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
■
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PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
signed October 3, 2008, and effective
October 31, 2008, is amended as
follows:
■
Paragraph 6005 Class E Airspace Extending
Upward From 700 Feet or More Above the
Surface of the Earth.
*
*
*
*
*
AAL AK E5 Toksook Bay, AK [Revised]
Toksook Bay, Toksook Bay Airport, AK
(Lat. 60°32′29″ N., long. 165°05′14″ W.)
That airspace extending upward from 700
feet above the surface within a 6.3-mile
radius of the Toksook Bay Airport, AK; and
that airspace extending upward from 1,200
feet above the surface within a 73-mile radius
of the Toksook Bay Airport, AK.
*
*
*
*
*
Issued in Anchorage, AK, on December 4,
2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information
Area Group.
[FR Doc. E8–30014 Filed 12–19–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 710, 711, 712, 716, 718,
719, and 720
[Docket No. 080625781–8790–01]
RIN 0694–AE39
Chemical Weapons Convention
Regulations: Additions to the List of
States Parties; Updates to Contact
Information for the Treaty Compliance
Division; Editorial Corrections
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) by
updating the address for submitting
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declarations, reports, and advance
notifications under the CWCR and for
submitting chemical determination
requests, and requests to obtain the
forms needed to complete the
declarations and reports. This final rule
also updates the telephone and
facsimile numbers for contacting, or
providing information to, BIS’s Treaty
Compliance Division (TCD), which
administers the requirements contained
in the CWCR. In addition, this rule
updates the e-mail addresses in the
CWCR for submitting chemical
determination requests or requests for
BIS to provide written interpretations of
CWCR requirements. These changes are
being implemented by BIS to reflect the
recent relocation of TCD.
This rule also updates the list of
countries that currently are States
Parties to the CWC by adding ‘‘Congo
(Republic of the),’’ ‘‘Guinea-Bissau,’’
and ‘‘Lebanon,’’ which recently became
States Parties.
Finally, this rule revises a number of
references in the CWCR to the Export
Administration Regulations (EAR) to
indicate the correct legal citation for the
EAR.
DATES: This rule is effective December
22, 2008. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AE39, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
publiccomments@bis.doc.gov. Include
‘‘RIN 0694–AE39’’ in the subject line of
the message.
• Fax: (202) 482–3355. Please alert
the Regulatory Policy Division, by
calling (202) 482–2440, if you are faxing
comments.
• Mail or Hand Delivery/Courier:
Willard Fisher, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
ATTN: RIN 0694–AE39.
Send comments regarding this
collection of information, including
suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management
and Budget (OMB), by e-mail to
Jasmeet_K._Seehra@omb.eop.gov, or by
fax to (202) 395–7285; and to the
Regulatory Policy Division, Bureau of
Industry and Security, Department of
Commerce, 14th Street & Pennsylvania
Avenue, NW., Room 2705, Washington,
DC 20230. Comments on this collection
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of information should be submitted
separately from comments on the final
rule (i.e., RIN 0694–AE39)—all
comments on the latter should be
submitted by one of the three methods
outlined above.
FOR FURTHER INFORMATION CONTACT: For
questions of a general or regulatory
nature, contact the Regulatory Policy
Division, telephone: (202) 482–2440.
For program information on
declarations, reports, advance
notifications, chemical determinations,
recordkeeping, inspections and facility
agreements, contact the Treaty
Compliance Division, Office of
Nonproliferation and Treaty
Compliance, telephone: (202) 482–1001;
for legal questions, contact Rochelle
Woodard, Office of the Chief Counsel
for Industry and Security, telephone:
(202) 482–5301.
SUPPLEMENTARY INFORMATION:
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Background
This final rule amends the Chemical
Weapons Convention Regulations
(CWCR) (15 CFR Parts 710–721) by
updating the address for submitting
declarations, reports, and advance
notifications that are required under the
CWCR and for submitting chemical
determination requests, as well as
requests for obtaining the forms needed
to complete declarations and reports.
This final rule also updates the
telephone and facsimile numbers
indicated in the CWCR for contacting, or
providing information to, the Treaty
Compliance Division (TCD), Office of
Nonproliferation and Treaty
Compliance, which is the organization
within the Bureau of Industry and
Security (BIS) that administers the
requirements contained in the CWCR. In
addition, this rule updates the e-mail
addresses in the CWCR that may be
used to submit chemical determination
requests or requests for BIS to provide
written interpretations of CWCR
requirements by changing the domain
for these addresses from ‘‘cwc.gov’’ to
‘‘bis.doc.gov.’’ These changes are being
implemented by BIS to reflect the recent
relocation of TCD to new office space.
This rule also amends Supplement
No. 1 to Part 710 of the CWCR (titled
‘‘States Parties to the Convention on the
Prohibition of the Development,
Production, Stockpiling, and Use of
Chemical Weapons and on Their
Destruction’’) by adding ‘‘Congo
(Republic of the),’’ ‘‘Guinea-Bissau,’’
and ‘‘Lebanon,’’ which became States
Parties to the CWC on January 2, 2008,
June 18, 2008, and December 20, 2008,
respectively. As a result of this change,
the CWCR declaration and reporting
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requirements for these two countries
will be the same as those that apply to
other States Parties.
Finally, this rule revises a number of
references in the CWCR to the Export
Administration Regulations (EAR) (15
CFR Parts 730–774) to indicate the
correct legal citation for the EAR.
Previously, the citation for the EAR read
‘‘(15 CFR Parts 730 through 799).’’ The
EAR, as well as the International Traffic
in Arms Regulations (ITAR), are
referenced in the CWCR because both
contain certain CWC-related
requirements in addition to those
described in the CWCR.
Rulemaking Requirements
1. This final rule has been determined
to be not significant for purposes of
Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the 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 involves a collection of
information subject to the requirements
of the PRA. This collection has been
approved by OMB under Control
Number 0694–0091 (Chemical Weapons
Convention—Declaration and Report
Forms), which carries burden hour
estimates of 10.6 hours for Schedule 1
Chemicals (including declarations,
reports, and amendments), 11.9 hours
for Schedule 2 chemicals (including
declarations, reports, and amendments),
2.5 hours for Schedule 3 chemicals
(including declarations, reports, and
amendments), 5.3/5.1/5.1 hours for
unscheduled discrete organic chemicals
(depending upon whether an Annual
Declaration on Past Activities or an
amendment thereto, a No Changes
Authorization Form, or a Change in
Inspection Status Form, respectively, is
required), 1.7 hours for compliance
review requests, and 0.17 hours for
Schedule 1 notifications. BIS anticipates
that this rule will not change these
burden hour estimates, nor will it
change the total estimated burden hours
for the approved collection (i.e., 4,501.6
burden hours).
Comments are invited on: (i) Whether
the collection of information is
necessary for the functions of the
agency, including whether the
information shall have practical utility;
(ii) the accuracy of the agency’s estimate
of the information collection burden;
(iii) ways to enhance the quality, utility,
and clarity of the information to be
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78181
collected; and (iv) ways to minimize the
burden of the collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
Send comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing the burden to
Jasmeet Seehra, Office of Management
and Budget (OMB), and to the
Regulatory Policy Division, Bureau of
Industry and Security, Department of
Commerce, as indicated in the
ADDRESSES section of this rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date are inapplicable for the
amendments contained in this rule that
involve updates to contact information
for the Treaty Compliance Division. The
provisions of the Administrative
Procedure Act requiring notice of
proposed rulemaking, the opportunity
for public participation, and a delay in
effective date are inapplicable for those
changes because those revisions relate
to rules of agency organization,
procedure, or practice.
BIS finds that there is good cause
under 5 U.S.C. 553(b)(B) to waive the
provisions of the Administrative
Procedure Act requiring prior notice
and the opportunity for public comment
for the corrections to references to the
Export Administration Regulations
(EAR) (15 CFR Parts 730–774), because
prior notice and the opportunity for
public comment are unnecessary. These
revisions are administrative in nature
and do not affect the rights and
obligations of the public. Since these
revisions do not constitute substantive
changes to the CWCR, it is unnecessary
to provide notice and opportunity for
public comment. For the reason stated
above, BIS finds good cause to waive the
30-day delay in effectiveness required
by 5 U.S.C. 553(d) for the revisions to
the references to the EAR.
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, do not
apply to the amendments contained in
this rule that involve the addition of
three countries (i.e., Republic of the
Congo, Guinea-Bissau, and Lebanon) to
the list of CWC States Parties in
Supplement No. 1 to part 710 of the
CWCR, because these revisions involve
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a military and foreign affairs function of
the United States (Sec. 5 U.S.C.
553(a)(1)).
Further, no other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule. Because a notice of
proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et. seq.) are
not applicable.
Therefore, this regulation is issued in
final form. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis. You may submit
comments, identified by RIN 0694–
AE39, to Willard Fisher, Regulatory
Policy Division, Bureau of Industry and
Security, Department of Commerce, as
indicated in the ADDRESSES section of
this rule.
Authority: 22 U.S.C. 6701 et seq.; E.O.
13128, 64 FR 36703, 3 CFR 1999 Comp., p.
199.
List of Subjects
Supplement No. 1 to Part 710—
[Amended]
15 CFR Part 710
§ 710.1
[Amended]
2. Section 710.1 is amended:
■ a. By removing the parenthetical
phrase ‘‘(15 CFR parts 730 through
799)’’ from the fourth sentence of
definition of ‘‘Advance Notification’’
and adding, in its place, the
parenthetical phrase ‘‘(15 CFR parts 730
through 774)’’; and
■ b. By removing the parenthetical
phrase ‘‘(15 CFR parts 730–799)’’ from
the definition of ‘‘EAR’’ and adding, in
its place, the parenthetical phrase ‘‘(15
CFR parts 730 through 774)’’.
■
§ 710.6
[Amended]
3. Section 710.6 is amended by
removing the parenthetical phrase ‘‘(15
CFR parts 730 through 799)’’ from the
second sentence and adding, in its
place, the parenthetical phrase ‘‘(15 CFR
parts 730 through 774)’’.
■
4. Supplement No. 1 to Part 710 is
amended:
■ a. By revising the undesignated center
heading ‘‘List of States Parties as of
November 1, 2006’’ to read ‘‘List of
States Parties as of December 20, 2008’’;
■ b. By adding in alphabetical order the
countries ‘‘Congo (Republic of the)’’,
‘‘Guinea-Bissau’’, and ‘‘Lebanon’’; and
■ c. By removing the parenthetical
phrase ‘‘(15 CFR parts 730–799)’’ from
the first footnote that follows the List of
States Parties and adding, in its place,
the parenthetical phrase ‘‘(15 CFR parts
730 through 774)’’.
■
Chemicals, Exports, Foreign Trade,
Imports, Treaties.
15 CFR Part 711
Chemicals, Confidential business
information, Reporting and
recordkeeping requirements.
15 CFR Part 712
Chemicals, Exports, Foreign Trade,
Imports, Reporting and recordkeeping
requirements.
15 CFR Part 716
Chemicals, Confidential business
information, Reporting and
recordkeeping requirements, Search
warrant, Treaties.
PART 711—[AMENDED]
5. The authority citation for 15 CFR
Part 711 continues to read as follows:
■
15 CFR Part 718
Confidential business information,
Reporting and recordkeeping
requirements.
Authority: 22 U.S.C. 6701 et seq.; E.O.
13128, 64 FR 36703, 3 CFR 1999 Comp., p.
199.
15 CFR Part 719
■
Administrative proceedings, Exports,
Imports, Penalties, Violations.
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15 CFR Part 720
Penalties, violations.
■ Accordingly, Parts 710, 711, 712, 716,
718, 719, and 720 of the Chemical
Weapons Convention Regulations (15
CFR Parts 710–721) are amended as
follows:
PART 710—[AMENDED]
1. The authority citation for 15 CFR
Part 710 continues to read as follows:
■
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6. Section 711.4 is amended by
revising the second sentence in
paragraph (a)(1) and by revising
paragraph (b) to read as follows:
§ 711.4 Assistance in determining your
obligations.
(a) * * *
(1) * * * Such requests must be sent
via facsimile to (202) 482–1731, emailed to cdr@bis.doc.gov, or mailed to
the Treaty Compliance Division, Bureau
of Industry and Security, U.S.
Department of Commerce, Room 4515,
14th Street and Pennsylvania Avenue,
NW., Washington, DC 20230, and must
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be marked ‘‘Attn: Chemical
Determination.’’ * * *
*
*
*
*
*
(b) Other inquiries. If you need
assistance in interpreting the provisions
of the CWCR or need assistance with
declaration, forms, reporting, advance
notification, inspection or facility
agreement issues, contact BIS’s Treaty
Compliance Division by phone at (202)
482–1001. If you require a response
from BIS in writing, submit a detailed
request to BIS that explains your
question, issue, or request. Send the
request to the address or facsimile
included in paragraph (a) of this section,
or e-mail the request to
cwcqa@bis.doc.gov. Your request must
be marked, ‘‘ATTN: CWCR Assistance.’’
§ 711.6
[Amended]
7. Section 711.6 is amended by
removing the phrase ‘‘1555 Wilson
Blvd., Suite 700, Arlington, VA 22209–
2405, Telephone: (703) 605–4400’’ from
the first sentence of paragraph (a) and
adding, in its place, the phrase ‘‘Room
4515, 14th Street and Pennsylvania
Avenue, NW., Washington, DC 20230,
Telephone: (202) 482–1001’’.
■ 8. Section 711.7 is revised to read as
follows:
■
§ 711.7 Where to submit declarations,
reports and advance notifications.
Declarations, reports and advance
notifications required by the CWCR
must be sent either by fax to (202) 482–
1731 or by mail or courier delivery to
the following address: Treaty
Compliance Division, Bureau of
Industry and Security, U.S. Department
of Commerce, Room 4515, 14th Street
and Pennsylvania Avenue, NW.,
Washington, DC 20230, Telephone:
(202) 482–1001. Specific types of
declarations and reports and due dates
are outlined in Supplement No. 2 to
parts 712 through 715 of the CWCR.
§ 711.8
[Amended]
9. Section 711.8 is amended by
removing the telephone number ‘‘(703)
235–1335’’ from the first sentence of
paragraph (b)(2)(iv)(A) and adding, in its
place, the telephone number ‘‘(202)
482–1001’’.
■
PART 712—[AMENDED]
10. 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.
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Rules and Regulations
§ 712.2
[Amended]
11. Section 712.2(b) is amended by
removing the parenthetical phrase ‘‘(15
CFR parts 730 through 799)’’ from the
first sentence of Note 2 to § 712.2(b) and
adding, in its place, the parenthetical
phrase ‘‘(15 CFR parts 730 through
774)’’.
■ 12. Section 712.6 is amended by
revising paragraph (a)(2) to read as
follows:
■
§ 719.1
[Amended]
18. Section 719.1(a) is amended by
removing the parenthetical phrase ‘‘(15
CFR parts 730 through 799)’’ from the
Note to § 719.1(a) and adding, in its
place, the parenthetical phrase ‘‘(15 CFR
parts 730 through 774)’’.
■
PART 720—[AMENDED]
§ 712.6 Advance notification and annual
report of all exports and imports of
Schedule 1 chemicals to, or from, other
States Parties.
19. The authority citation for 15 CFR
Part 720 continues to read as follows:
■
(a) * * *
(2) Send the advance notification
either by fax to (202) 482–1731 or by
mail or courier delivery to the following
address: Treaty Compliance Division,
Bureau of Industry and Security, U.S.
Department of Commerce, Room 4515,
14th Street and Pennsylvania Avenue,
NW., Washington, DC 20230, and mark
it ‘‘Attn: Advance Notification of
Schedule 1 Chemical [Export] [Import].’’
*
*
*
*
*
PART 716—[AMENDED]
Authority: 22 U.S.C. 6701 et seq.; E.O.
13128, 64 FR 36703, 3 CFR 1999 Comp., p.
199.
§§ 720.2, 720.3, and 720.4
[Amended]
20. Part 720 is amended by removing
the parenthetical phrase ‘‘(15 CFR parts
730 through 799)’’ and adding, in its
place, the parenthetical phrase ‘‘(15 CFR
parts 730 through 774)’’ in the following
places:
a. Section 720.2(a), second sentence;
b. Section 720.3(b), fourth sentence;
and
c. Section 720.4, first sentence.
■
Dated: December 16, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–30384 Filed 12–19–08; 8:45 am]
13. The authority citation for 15 CFR
Part 716 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.
§ 716.6
12938, 59 FR 59099, 3 CFR 1994, Comp., p.
950; E.O. 13128, 64 FR 36703, 3 CFR 1999
Comp., p. 199.
BILLING CODE 3510–33–P
[Amended]
14. Section 716.6 is amended by
removing the phrase ‘‘1555 Wilson
Blvd., Suite 700, Arlington, VA 22209,
Telephone: (703) 605–4400’’ from
paragraph (d) and adding, in its place,
the phrase ‘‘Room 4515, 14th Street and
Pennsylvania Avenue, NW.,
Washington, DC 20230, Telephone:
(202) 482–1001’’.
■
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 358
[Docket No. RM07–1–000]
PART 718—[AMENDED]
Standards of Conduct for
Transmission Providers
15. The authority citation for 15 CFR
Part 718 continues to read as follows:
December 15, 2008.
■
AGENCY: Federal Energy Regulatory
Commission, DOE.
ACTION: Order granting an extension of
time and providing notice of change in
personnel.
Authority: 22 U.S.C. 6701 et seq.; E.O.
13128, 64 FR 36703, 3 CFR 1999 Comp., p.
199.
§ 718.3
[Amended]
16. Section 718.3 is amended by
removing the parenthetical phrase ‘‘(15
CFR parts 730 through 799)’’ from
paragraphs (a) and (b)(1) and adding, in
its place, the parenthetical phrase ‘‘(15
CFR parts 730 through 774)’’.
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■
PART 719—[AMENDED]
17. The authority citation for 15 CFR
Part 719 continues to read as follows:
SUMMARY: On October 16, 2008, the
Commission issued Order No. 717,
which revised the Standards of Conduct
for natural gas and electric transmission
providers.1 Order No. 717 became
effective on November 26, 2008, 30 days
after publication in the Federal
Register. According to Order No. 717,
■
Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C.
1601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
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16:38 Dec 19, 2008
Jkt 217001
1 Standards of Conduct for Transmission
Providers, Order No. 717, 73 FR 63796 (Oct. 27,
2008), FERC Stats. & Regs. ¶ 31,280 (2008) (Order
No. 717).
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78183
transmission providers must be in full
compliance with the Standards by that
date, with the exception of the posting
and training requirements, with which
transmission providers must be in full
compliance no later than 60 days from
the date of publication in the Federal
Register, or December 26, 2008. On
November 17, 2008, the Edison Electric
Institute (EEI) and the Interstate Natural
Gas Association of America (INGAA)
jointly filed a motion for extension of
certain compliance deadlines under
Order No. 717. This order grants EEI’s
and INGAA’s request to extend the time
for compliance with 18 CFR 358.8(c)(1),
358.7(d), 358.7(h), and 358.8(b)(2) to
January 30, 2009; and for a grace period
until February 27, 2009 for training of
new employees hired before January 30,
2009. In addition, this order provides
notice of a change in personnel.
DATES: Compliance Date: The time for
compliance with 18 CFR 358.8(c)(1),
358.7(d), 358.7(h), and 358.8(b)(2) is
extended to January 30, 2009 and new
employees hired before January 30, 2009
shall be trained by February 27, 2009.
FOR FURTHER INFORMATION CONTACT:
Mason Emnett (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
(202) 502–6540.
SUPPLEMENTARY INFORMATION: 1. On
October 16, 2008, the Commission
issued Order No. 717, which revised the
Standards of Conduct for natural gas
and electric transmission providers.2
The Commission stated that Order No.
717 would become effective 30 days
after publication in the Federal
Register, that is, November 26, 2008.3
According to the Order, transmission
providers must be in full compliance
with the Standards by that date, with
the exception of the posting and training
requirements, with which transmission
providers must be in full compliance no
later than 60 days from the date of
publication in the Federal Register, or
December 26, 2008.4
2. On November 17, 2008, the Edison
Electric Institute (EEI) and the Interstate
Natural Gas Association of America
(INGAA) jointly filed a motion for
extension of certain compliance
deadlines under Order No. 717 to
January 30, 2009. Specifically, EEI and
INGAA request an extension of (1) the
deadline to complete revisions to
compliance procedures and training
2 Standards of Conduct for Transmission
Providers, Order No. 717, 73 Fed. Reg. 63796 (Oct.
27, 2008), FERC Stats. & Regs. ¶ 31,280 (2008)
(Order No. 717).
3 Id. P 330.
4 Id.
E:\FR\FM\22DER1.SGM
22DER1
]]>Agencies
[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Rules and Regulations]
[Pages 78180-78183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30384]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 710, 711, 712, 716, 718, 719, and 720
[Docket No. 080625781-8790-01]
RIN 0694-AE39
Chemical Weapons Convention Regulations: Additions to the List of
States Parties; Updates to Contact Information for the Treaty
Compliance Division; Editorial Corrections
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)
by updating the address for submitting declarations, reports, and
advance notifications under the CWCR and for submitting chemical
determination requests, and requests to obtain the forms needed to
complete the declarations and reports. This final rule also updates the
telephone and facsimile numbers for contacting, or providing
information to, BIS's Treaty Compliance Division (TCD), which
administers the requirements contained in the CWCR. In addition, this
rule updates the e-mail addresses in the CWCR for submitting chemical
determination requests or requests for BIS to provide written
interpretations of CWCR requirements. These changes are being
implemented by BIS to reflect the recent relocation of TCD.
This rule also updates the list of countries that currently are
States Parties to the CWC by adding ``Congo (Republic of the),''
``Guinea-Bissau,'' and ``Lebanon,'' which recently became States
Parties.
Finally, this rule revises a number of references in the CWCR to
the Export Administration Regulations (EAR) to indicate the correct
legal citation for the EAR.
DATES: This rule is effective December 22, 2008. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE39, by any
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-
AE39'' in the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy
Division, by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, ATTN: RIN 0694-AE39.
Send comments regarding this collection of information, including
suggestions for reducing the burden, to Jasmeet Seehra, Office of
Management and Budget (OMB), by e-mail to Jasmeet_K._
Seehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection
[[Page 78181]]
of information should be submitted separately from comments on the
final rule (i.e., RIN 0694-AE39)--all comments on the latter should be
submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: For questions of a general or
regulatory nature, contact the Regulatory Policy Division, telephone:
(202) 482-2440. For program information on declarations, reports,
advance notifications, chemical determinations, recordkeeping,
inspections and facility agreements, contact the Treaty Compliance
Division, Office of Nonproliferation and Treaty Compliance, telephone:
(202) 482-1001; for legal questions, contact Rochelle Woodard, Office
of the Chief Counsel for Industry and Security, telephone: (202) 482-
5301.
SUPPLEMENTARY INFORMATION:
Background
This final rule amends the Chemical Weapons Convention Regulations
(CWCR) (15 CFR Parts 710-721) by updating the address for submitting
declarations, reports, and advance notifications that are required
under the CWCR and for submitting chemical determination requests, as
well as requests for obtaining the forms needed to complete
declarations and reports. This final rule also updates the telephone
and facsimile numbers indicated in the CWCR for contacting, or
providing information to, the Treaty Compliance Division (TCD), Office
of Nonproliferation and Treaty Compliance, which is the organization
within the Bureau of Industry and Security (BIS) that administers the
requirements contained in the CWCR. In addition, this rule updates the
e-mail addresses in the CWCR that may be used to submit chemical
determination requests or requests for BIS to provide written
interpretations of CWCR requirements by changing the domain for these
addresses from ``cwc.gov'' to ``bis.doc.gov.'' These changes are being
implemented by BIS to reflect the recent relocation of TCD to new
office space.
This rule also amends Supplement No. 1 to Part 710 of the CWCR
(titled ``States Parties to the Convention on the Prohibition of the
Development, Production, Stockpiling, and Use of Chemical Weapons and
on Their Destruction'') by adding ``Congo (Republic of the),''
``Guinea-Bissau,'' and ``Lebanon,'' which became States Parties to the
CWC on January 2, 2008, June 18, 2008, and December 20, 2008,
respectively. As a result of this change, the CWCR declaration and
reporting requirements for these two countries will be the same as
those that apply to other States Parties.
Finally, this rule revises a number of references in the CWCR to
the Export Administration Regulations (EAR) (15 CFR Parts 730-774) to
indicate the correct legal citation for the EAR. Previously, the
citation for the EAR read ``(15 CFR Parts 730 through 799).'' The EAR,
as well as the International Traffic in Arms Regulations (ITAR), are
referenced in the CWCR because both contain certain CWC-related
requirements in addition to those described in the CWCR.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
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 involves a
collection of information subject to the requirements of the PRA. This
collection has been approved by OMB under Control Number 0694-0091
(Chemical Weapons Convention--Declaration and Report Forms), which
carries burden hour estimates of 10.6 hours for Schedule 1 Chemicals
(including declarations, reports, and amendments), 11.9 hours for
Schedule 2 chemicals (including declarations, reports, and amendments),
2.5 hours for Schedule 3 chemicals (including declarations, reports,
and amendments), 5.3/5.1/5.1 hours for unscheduled discrete organic
chemicals (depending upon whether an Annual Declaration on Past
Activities or an amendment thereto, a No Changes Authorization Form, or
a Change in Inspection Status Form, respectively, is required), 1.7
hours for compliance review requests, and 0.17 hours for Schedule 1
notifications. BIS anticipates that this rule will not change these
burden hour estimates, nor will it change the total estimated burden
hours for the approved collection (i.e., 4,501.6 burden hours).
Comments are invited on: (i) Whether the collection of information
is necessary for the functions of the agency, including whether the
information shall have practical utility; (ii) the accuracy of the
agency's estimate of the information collection burden; (iii) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (iv) ways to minimize the burden of the collection on
respondents, including through the use of automated collection
techniques or other forms of information technology.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden to Jasmeet Seehra, Office of Management and Budget (OMB), and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date are inapplicable
for the amendments contained in this rule that involve updates to
contact information for the Treaty Compliance Division. The provisions
of the Administrative Procedure Act requiring notice of proposed
rulemaking, the opportunity for public participation, and a delay in
effective date are inapplicable for those changes because those
revisions relate to rules of agency organization, procedure, or
practice.
BIS finds that there is good cause under 5 U.S.C. 553(b)(B) to
waive the provisions of the Administrative Procedure Act requiring
prior notice and the opportunity for public comment for the corrections
to references to the Export Administration Regulations (EAR) (15 CFR
Parts 730-774), because prior notice and the opportunity for public
comment are unnecessary. These revisions are administrative in nature
and do not affect the rights and obligations of the public. Since these
revisions do not constitute substantive changes to the CWCR, it is
unnecessary to provide notice and opportunity for public comment. For
the reason stated above, BIS finds good cause to waive the 30-day delay
in effectiveness required by 5 U.S.C. 553(d) for the revisions to the
references to the EAR.
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, do not apply to the
amendments contained in this rule that involve the addition of three
countries (i.e., Republic of the Congo, Guinea-Bissau, and Lebanon) to
the list of CWC States Parties in Supplement No. 1 to part 710 of the
CWCR, because these revisions involve
[[Page 78182]]
a military and foreign affairs function of the United States (Sec. 5
U.S.C. 553(a)(1)).
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under the Administrative
Procedure Act or by any other law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.) are not applicable.
Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. You may submit comments, identified by
RIN 0694-AE39, to Willard Fisher, Regulatory Policy Division, Bureau of
Industry and Security, Department of Commerce, as indicated in the
ADDRESSES section of this rule.
List of Subjects
15 CFR Part 710
Chemicals, Exports, Foreign Trade, Imports, Treaties.
15 CFR Part 711
Chemicals, Confidential business information, Reporting and
recordkeeping requirements.
15 CFR Part 712
Chemicals, Exports, Foreign Trade, Imports, Reporting and
recordkeeping requirements.
15 CFR Part 716
Chemicals, Confidential business information, Reporting and
recordkeeping requirements, Search warrant, Treaties.
15 CFR Part 718
Confidential business information, Reporting and recordkeeping
requirements.
15 CFR Part 719
Administrative proceedings, Exports, Imports, Penalties,
Violations.
15 CFR Part 720
Penalties, violations.
0
Accordingly, Parts 710, 711, 712, 716, 718, 719, and 720 of the
Chemical Weapons Convention Regulations (15 CFR Parts 710-721) are
amended as follows:
PART 710--[AMENDED]
0
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.
Sec. 710.1 [Amended]
0
2. Section 710.1 is amended:
0
a. By removing the parenthetical phrase ``(15 CFR parts 730 through
799)'' from the fourth sentence of definition of ``Advance
Notification'' and adding, in its place, the parenthetical phrase ``(15
CFR parts 730 through 774)''; and
0
b. By removing the parenthetical phrase ``(15 CFR parts 730-799)'' from
the definition of ``EAR'' and adding, in its place, the parenthetical
phrase ``(15 CFR parts 730 through 774)''.
Sec. 710.6 [Amended]
0
3. Section 710.6 is amended by removing the parenthetical phrase ``(15
CFR parts 730 through 799)'' from the second sentence and adding, in
its place, the parenthetical phrase ``(15 CFR parts 730 through 774)''.
Supplement No. 1 to Part 710--[Amended]
0
4. Supplement No. 1 to Part 710 is amended:
0
a. By revising the undesignated center heading ``List of States Parties
as of November 1, 2006'' to read ``List of States Parties as of
December 20, 2008'';
0
b. By adding in alphabetical order the countries ``Congo (Republic of
the)'', ``Guinea-Bissau'', and ``Lebanon''; and
0
c. By removing the parenthetical phrase ``(15 CFR parts 730-799)'' from
the first footnote that follows the List of States Parties and adding,
in its place, the parenthetical phrase ``(15 CFR parts 730 through
774)''.
PART 711--[AMENDED]
0
5. The authority citation for 15 CFR Part 711 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.
0
6. Section 711.4 is amended by revising the second sentence in
paragraph (a)(1) and by revising paragraph (b) to read as follows:
Sec. 711.4 Assistance in determining your obligations.
(a) * * *
(1) * * * Such requests must be sent via facsimile to (202) 482-
1731, e-mailed to cdr@bis.doc.gov, or mailed to the Treaty Compliance
Division, Bureau of Industry and Security, U.S. Department of Commerce,
Room 4515, 14th Street and Pennsylvania Avenue, NW., Washington, DC
20230, and must be marked ``Attn: Chemical Determination.'' * * *
* * * * *
(b) Other inquiries. If you need assistance in interpreting the
provisions of the CWCR or need assistance with declaration, forms,
reporting, advance notification, inspection or facility agreement
issues, contact BIS's Treaty Compliance Division by phone at (202) 482-
1001. If you require a response from BIS in writing, submit a detailed
request to BIS that explains your question, issue, or request. Send the
request to the address or facsimile included in paragraph (a) of this
section, or e-mail the request to cwcqa@bis.doc.gov. Your request must
be marked, ``ATTN: CWCR Assistance.''
Sec. 711.6 [Amended]
0
7. Section 711.6 is amended by removing the phrase ``1555 Wilson Blvd.,
Suite 700, Arlington, VA 22209-2405, Telephone: (703) 605-4400'' from
the first sentence of paragraph (a) and adding, in its place, the
phrase ``Room 4515, 14th Street and Pennsylvania Avenue, NW.,
Washington, DC 20230, Telephone: (202) 482-1001''.
0
8. Section 711.7 is revised to read as follows:
Sec. 711.7 Where to submit declarations, reports and advance
notifications.
Declarations, reports and advance notifications required by the
CWCR must be sent either by fax to (202) 482-1731 or by mail or courier
delivery to the following address: Treaty Compliance Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 4515, 14th
Street and Pennsylvania Avenue, NW., Washington, DC 20230, Telephone:
(202) 482-1001. Specific types of declarations and reports and due
dates are outlined in Supplement No. 2 to parts 712 through 715 of the
CWCR.
Sec. 711.8 [Amended]
0
9. Section 711.8 is amended by removing the telephone number ``(703)
235-1335'' from the first sentence of paragraph (b)(2)(iv)(A) and
adding, in its place, the telephone number ``(202) 482-1001''.
PART 712--[AMENDED]
0
10. 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.
[[Page 78183]]
Sec. 712.2 [Amended]
0
11. Section 712.2(b) is amended by removing the parenthetical phrase
``(15 CFR parts 730 through 799)'' from the first sentence of Note 2 to
Sec. 712.2(b) and adding, in its place, the parenthetical phrase ``(15
CFR parts 730 through 774)''.
0
12. Section 712.6 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 712.6 Advance notification and annual report of all exports and
imports of Schedule 1 chemicals to, or from, other States Parties.
(a) * * *
(2) Send the advance notification either by fax to (202) 482-1731
or by mail or courier delivery to the following address: Treaty
Compliance Division, Bureau of Industry and Security, U.S. Department
of Commerce, Room 4515, 14th Street and Pennsylvania Avenue, NW.,
Washington, DC 20230, and mark it ``Attn: Advance Notification of
Schedule 1 Chemical [Export] [Import].''
* * * * *
PART 716--[AMENDED]
0
13. The authority citation for 15 CFR Part 716 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.
Sec. 716.6 [Amended]
0
14. Section 716.6 is amended by removing the phrase ``1555 Wilson
Blvd., Suite 700, Arlington, VA 22209, Telephone: (703) 605-4400'' from
paragraph (d) and adding, in its place, the phrase ``Room 4515, 14th
Street and Pennsylvania Avenue, NW., Washington, DC 20230, Telephone:
(202) 482-1001''.
PART 718--[AMENDED]
0
15. The authority citation for 15 CFR Part 718 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.
Sec. 718.3 [Amended]
0
16. Section 718.3 is amended by removing the parenthetical phrase ``(15
CFR parts 730 through 799)'' from paragraphs (a) and (b)(1) and adding,
in its place, the parenthetical phrase ``(15 CFR parts 730 through
774)''.
PART 719--[AMENDED]
0
17. The authority citation for 15 CFR Part 719 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; E.O. 13128, 64 FR 36703, 3 CFR 1999 Comp., p. 199.
Sec. 719.1 [Amended]
0
18. Section 719.1(a) is amended by removing the parenthetical phrase
``(15 CFR parts 730 through 799)'' from the Note to Sec. 719.1(a) and
adding, in its place, the parenthetical phrase ``(15 CFR parts 730
through 774)''.
PART 720--[AMENDED]
0
19. The authority citation for 15 CFR Part 720 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.
Sec. Sec. 720.2, 720.3, and 720.4 [Amended]
0
20. Part 720 is amended by removing the parenthetical phrase ``(15 CFR
parts 730 through 799)'' and adding, in its place, the parenthetical
phrase ``(15 CFR parts 730 through 774)'' in the following places:
a. Section 720.2(a), second sentence;
b. Section 720.3(b), fourth sentence; and
c. Section 720.4, first sentence.
Dated: December 16, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-30384 Filed 12-19-08; 8:45 am]
BILLING CODE 3510-33-P
