Impact of the Implementation of the Chemical Weapons Convention (CWC) on Commercial Activities Involving “Schedule 1” Chemicals (Including Schedule 1 Chemicals Produced as Intermediates) Through Calendar Year 2012, 75145-75147 [2012-30480]

Download as PDF Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices Avenue, Maricopa County. The zone also includes two sites which were approved on a temporary basis: Site 5 (13.67 acres)—Suntech Arizona, Inc., 3801 S. Cotton Lane, Goodyear; and, Site 6 (3.53 acres)—Schoeller Arca Systems, Inc., 4320 S. Cotton Lane, Goodyear. The applicant is now requesting authority to expand its zone project in western Maricopa County as follows: include an additional magnet site (proposed Site 7—185 acres) at the Buckeye Industrial Park, southeast corner of Turner Road and Baseline Road, Buckeye; expand existing Site 5 to include an additional 184.33 acres (total acreage 198 acres) and request magnet designation for the site; and, request that existing Site 6 be designated as a usage-driven site for the sole use of Schoeller Arca Systems, Inc. The proposed new and the existing sites are located adjacent to the Phoenix, Arizona U.S. Customs and Border Protection Ports of Entry. In accordance with the Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is February 19, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to March 4, 2013. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. sroberts on DSK5SPTVN1PROD with Dated: December 12, 2012. Andrew McGilvray, Executive Secretary. [FR Doc. 2012–30567 Filed 12–18–12; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Bureau of Industry and Security [S–138–2012] [Docket No. 121114631–2631–01] Foreign-Trade Zone 61—San Juan, Puerto Rico; Application for Subzone; Sea World, Inc.; Guaynabo, PR Impact of the Implementation of the Chemical Weapons Convention (CWC) on Commercial Activities Involving ‘‘Schedule 1’’ Chemicals (Including Schedule 1 Chemicals Produced as Intermediates) Through Calendar Year 2012 An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Puerto Rico Trade & Export Company, grantee of FTZ 61, requesting special-purpose subzone status for the facility of Sea World, Inc., located in Guaynabo, Puerto Rico. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on December 12, 2012. The proposed subzone (1.71 acres) is located within the Amelia Industrial Park at Calle Diana Lot 36, Guaynabo, Puerto Rico. No authorization for production activity has been requested at this time. The proposed subzone would be subject to the existing activation limit of FTZ 61. In accordance with the Board’s regulations, Camille Evans of the FTZ Staff is the designated examiner to review the application and make recommendations to the Executive Secretary. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is January 28, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 12, 2013. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Camille Evans at Camille.Evans@trade.gov or (202) 482– 2350. Dated: December 12, 2012. Andrew McGilvray, Executive Secretary. [FR Doc. 2012–30557 Filed 12–18–12; 8:45 am] BILLING CODE P VerDate Mar<15>2010 16:35 Dec 18, 2012 Jkt 229001 75145 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 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 2012. 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 January 18, 2013. 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: SUMMARY: E:\FR\FM\19DEN1.SGM 19DEN1 sroberts on DSK5SPTVN1PROD with 75146 Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices 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. 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 VerDate Mar<15>2010 16:35 Dec 18, 2012 Jkt 229001 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, 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 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 (commercial production for ‘‘protective purposes’’ is precluded, as described above). 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)); (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)); PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 (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. 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 2012. 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 E:\FR\FM\19DEN1.SGM 19DEN1 Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Notices 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 January 18, 2013. 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 http://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: December 12, 2012. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2012–30480 Filed 12–18–12; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests Under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement (U.S.-Panama TPA) International Trade Administration. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information sroberts on DSK5SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 16:35 Dec 18, 2012 Jkt 229001 collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before February 19, 2013. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at JJessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Laurie Mease, Office of Textiles and Apparel, Telephone: 202– 482–3400, Fax: 202–482–0858, Email: Laurie.Mease@trade.gov. SUPPLEMENTARY INFORMATION: I. Abstract Title II, Section 203(o) of the United States-Panama Trade Promotion Agreement Implementation Act (the ‘‘Act’’) [Pub. L. 112–43] implements the commercial availability provision provided for in Article 3.25 of the United States-Panama Trade Promotion Agreement (the ‘‘Agreement’’). The Agreement entered into force on October 31, 2012. Subject to the rules of origin in Annex 4.1 of the Agreement, pursuant to the textile provisions of the Agreement, fabric, yarn, and fiber produced in Panama or the United States and traded between the two countries are entitled to duty-free tariff treatment. Annex 3.25 of the Agreement also lists specific fabrics, yarns, and fibers that the two countries agreed are not available in commercial quantities in a timely manner from producers in Panama or the United States. The fabrics listed are commercially unavailable fabrics, yarns, and fibers, which are also entitled to duty-free treatment despite not being produced in Panama or the United States. The list of commercially unavailable fabrics, yarns, and fibers may be changed pursuant to the commercial availability provision in Chapter 3, Article 3.25, Paragraphs 4–6 of the Agreement. Under this provision, interested entities from Panama or the United States have the right to request that a specific fabric, yarn, or fiber be added to, or removed from, the list of commercially unavailable fabrics, yarns, and fibers in Annex 3.25 of the Agreement. Chapter 3, Article 3.25, paragraph 6 of the Agreement requires that the President ‘‘promptly’’ publish procedures for parties to exercise the right to make these requests. Section PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 75147 203(o)(4) of the Act authorizes the President to establish procedures to modify the list of fabrics, yarns, or fibers not available in commercial quantities in a timely manner in either the United States or Panama as set out in Annex 3.25 of the Agreement. The President delegated the responsibility for publishing the procedures and administering commercial availability requests to the Committee for the Implementation of Textile Agreements (‘‘CITA’’), which issues procedures and acts on requests through the U.S. Department of Commerce, Office of Textiles and Apparel (‘‘OTEXA’’) (See Proclamation No. 8894, 77 FR 66507, November 5, 2012). The intent of the U.S.-Panama TPA Commercial Availability Procedures is to foster the use of U.S. and regional products by implementing procedures that allow products to be placed on or removed from a product list, on a timely basis, and in a manner that is consistent with normal business practice. The procedures are intended to facilitate the transmission of requests; allow the market to indicate the availability of the supply of products that are the subject of requests; make available promptly, to interested entities and the public, information regarding the requests for products and offers received for those products; ensure wide participation by interested entities and parties; allow for careful review and consideration of information provided to substantiate requests, responses, and rebuttals; and provide timely public dissemination of information used by CITA in making commercial availability determinations. CITA must collect certain information about fabric, yarn, or fiber technical specifications and the production capabilities of Panamanian and U.S. textile producers to determine whether certain fabrics, yarns, or fibers are available in commercial quantities in a timely manner in the United States or Panama, subject to Section 203(o) of the Act. II. Method of Collection Participants in a commercial availability proceeding must submit public versions of their Requests, Responses or Rebuttals electronically (via email) for posting on OTEXA’s Web site. Confidential versions of those submissions which contain business confidential information must be delivered in hard copy to OTEXA. III. Data OMB Control Number: None. Form Number(s): None. Type of Review: Regular submission (new information collection). E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75145-75147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30480]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 121114631-2631-01]


Impact of the Implementation of the Chemical Weapons Convention 
(CWC) on Commercial Activities Involving ``Schedule 1'' Chemicals 
(Including Schedule 1 Chemicals Produced as Intermediates) Through 
Calendar Year 2012

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 2012. 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 January 18, 2013.

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: 

[[Page 75146]]

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. 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, 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 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 (commercial production 
for ``protective purposes'' is precluded, as described above). 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));
    (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 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. 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 
2012. 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

[[Page 75147]]

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 January 18, 2013. 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 http://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: December 12, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-30480 Filed 12-18-12; 8:45 am]
BILLING CODE 3510-33-P