Impact of Implementation of the Chemical Weapons Convention on Commercial Activities Involving “Schedule 1” Chemicals, Including Production of Schedule 1 Chemicals as Intermediates, Through Calendar Year 2010, 69630-69631 [2010-28689]
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69630
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
Dated: November 8, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
For
questions on the Chemical Weapons
Convention requirements for ‘‘Schedule
1’’ chemicals, contact James Truske,
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:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2010–28674 Filed 11–12–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 101103543–0543–02]
Impact of Implementation of the
Chemical Weapons Convention on
Commercial Activities Involving
‘‘Schedule 1’’ Chemicals, Including
Production of Schedule 1 Chemicals
as Intermediates, Through Calendar
Year 2010
Background
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 2010. BIS reminds the public that
the CWC, CWCIA, or CWCR have
potential impacts on commercial
activities whenever Schedule 1
chemicals (e.g., nitrogen mustards) are
intermediates in the synthesis of other
chemicals, not just when the Schedule
1 chemicals are end products. The
purpose of this notice of inquiry is to
collect information to assist BIS in its
preparation of the annual certification to
the Congress, which 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 15, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: wfisher@bis.doc.gov.
Include the phrase ‘‘Schedule 1 Notice
of Inquiry’’ in the subject line;
• Fax: (202) 482–3355 (Attn: Willard
Fisher);
• Mail or Hand Delivery/Courier:
Willard Fisher, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th Street & Pennsylvania Avenue,
NW., Room 2705, Washington, DC
20230.
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:04 Nov 12, 2010
Jkt 223001
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 for the
purpose of achieving 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
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Fmt 4703
Sfmt 4703
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 restricts the production of
‘‘Schedule 1’’ chemicals for protective
purposes to two facilities per State
Party. 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
via Presidential Decision Directive
(PDD) 70, December 17, 1999, the
Department of Defense (DOD) was
assigned the responsibility to operate
these two facilities, thereby precluding
commercial production of ‘‘Schedule 1’’
chemicals for protective purposes in the
United States. The assignment of
responsibility to DOD did not establish
any limitations on ‘‘Schedule 1’’
chemical activities that are not
prohibited by the CWC. However, the
Department of Defense maintains strict
controls on ‘‘Schedule 1’’ chemicals
produced at its facilities in order to
ensure the accountability and proper
use of such chemicals, 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
712) and in the Export Administration
Regulations (EAR) (see 15 CFR 742.18
and 15 CFR 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
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
by the Convention (15 CFR 712.5(a)(1)
and (a)(2));
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Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
(3) Require 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 Schedule 1
chemicals’’ means the formation of
‘‘Schedule 1’’ chemicals through
chemical synthesis, as well as
processing to extract and isolate
‘‘Schedule 1’’ chemicals. 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 2010. 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
VerDate Mar<15>2010
18:04 Nov 12, 2010
Jkt 223001
notice of inquiry should include both a
quantitative and qualitative assessment
of the impact of the CWC on such
activities.
Furthermore, it was recently brought
to the attention of the Executive Council
of the OPCW that a private
pharmaceutical company located
outside the United States utilized a
production technology during which a
‘‘Schedule 1’’ chemical (a nitrogen
mustard) was produced, as an
intermediate, and then consumed to
produce another chemical. This
situation is currently being reviewed by
the OPCW. In light of this development,
BIS is seeking comments that address
whether similar situations may exist in
the United States.
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 15, 2010. 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 8, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2010–28689 Filed 11–12–10; 8:45 am]
BILLING CODE 3510–33–P
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69631
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–C–2010–0082]
National Medal of Technology and
Innovation Nomination Evaluation
Committee Meeting
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of closed meeting.
AGENCY:
The National Medal of
Technology and Innovation (NMTI)
Nomination Evaluation Committee will
meet in closed session on Tuesday,
November 30, 2010. The primary
purpose of the meeting is the discussion
of relative merits of persons and
companies nominated for the NMTI
award.
SUMMARY:
The meeting will convene
Tuesday, November 30, 2010, at 9 a.m.,
and adjourn at 2 p.m.
ADDRESSES: The meeting will be held at
the United States Patent and Trademark
Office, 600 Dulany Street, Alexandria,
VA 22314.
FOR FURTHER INFORMATION CONTACT:
Richard Maulsby, Program Manager,
National Medal of Technology and
Innovation Program, United States
Patent and Trademark Office, 600
Dulany Street, Alexandria, VA 22314;
telephone (571) 272–8333, or by
electronic mail: nmti@uspto.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
5 U.S.C. app. 2, notice is hereby given
that the NMTI Nomination Evaluation
Committee, United States Patent and
Trademark Office, will meet at the
United States Patent and Trademark
Office campus in Alexandria, Virginia.
The NMTI Nomination Evaluation
Committee was established in
accordance with the provisions of the
NMTI Nomination Evaluation
Committee’s charter and the Federal
Advisory Committee Act. The NMTI
Nomination Evaluation Committee
meeting will be closed to the public in
accordance with Sections 552b(c)(6) and
(9)(B) of Title 5, United States Code,
because it will involve discussion of
relative merits of persons and
companies nominated for the NMTI.
Public disclosure of this information
would likely frustrate implementation
of the NMTI program because premature
publicity about candidates under
consideration for the NMTI medal, who
may or may not ultimately receive the
award, would be likely to discourage
nominations for the medal.
The Secretary of Commerce is
responsible for recommending to the
DATES:
E:\FR\FM\15NON1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69630-69631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28689]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 101103543-0543-02]
Impact of Implementation of the Chemical Weapons Convention on
Commercial Activities Involving ``Schedule 1'' Chemicals, Including
Production of Schedule 1 Chemicals as Intermediates, Through Calendar
Year 2010
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 2010. BIS reminds the
public that the CWC, CWCIA, or CWCR have potential impacts on
commercial activities whenever Schedule 1 chemicals (e.g., nitrogen
mustards) are intermediates in the synthesis of other chemicals, not
just when the Schedule 1 chemicals are end products. The purpose of
this notice of inquiry is to collect information to assist BIS in its
preparation of the annual certification to the Congress, which 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 15, 2010.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: wfisher@bis.doc.gov. Include the phrase ``Schedule
1 Notice of Inquiry'' in the subject line;
Fax: (202) 482-3355 (Attn: Willard Fisher);
Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: For questions on the Chemical Weapons
Convention requirements for ``Schedule 1'' chemicals, contact James
Truske, 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 for
the purpose of achieving 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 restricts the production of ``Schedule 1'' chemicals for
protective purposes to two facilities per State Party. 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 via Presidential Decision Directive (PDD)
70, December 17, 1999, the Department of Defense (DOD) was assigned the
responsibility to operate these two facilities, thereby precluding
commercial production of ``Schedule 1'' chemicals for protective
purposes in the United States. The assignment of responsibility to DOD
did not establish any limitations on ``Schedule 1'' chemical activities
that are not prohibited by the CWC. However, the Department of Defense
maintains strict controls on ``Schedule 1'' chemicals produced at its
facilities in order to ensure the accountability and proper use of such
chemicals, 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 712) and in the Export Administration Regulations (EAR) (see 15 CFR
742.18 and 15 CFR 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 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 by the Convention (15 CFR 712.5(a)(1) and
(a)(2));
[[Page 69631]]
(3) Require 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
Schedule 1 chemicals'' means the formation of ``Schedule 1'' chemicals
through chemical synthesis, as well as processing to extract and
isolate ``Schedule 1'' chemicals. 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
2010. 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.
Furthermore, it was recently brought to the attention of the
Executive Council of the OPCW that a private pharmaceutical company
located outside the United States utilized a production technology
during which a ``Schedule 1'' chemical (a nitrogen mustard) was
produced, as an intermediate, and then consumed to produce another
chemical. This situation is currently being reviewed by the OPCW. In
light of this development, BIS is seeking comments that address whether
similar situations may exist in the United States.
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 15, 2010. 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 8, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2010-28689 Filed 11-12-10; 8:45 am]
BILLING CODE 3510-33-P
