Impact of Proposed Additions to the “Annex on Chemicals” to the Chemical Weapons Convention (CWC) on Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving “Schedule 1” Chemicals (Including Schedule 1 Chemicals Produced as Intermediates), 40389-40392 [2019-17256]
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Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices
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.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 190215128–9128–01]
RIN 0694–XC053
Impact of Proposed Additions to the
‘‘Annex on Chemicals’’ to the Chemical
Weapons Convention (CWC) on
Legitimate Commercial Chemical,
Biotechnology, and Pharmaceutical
Activities Involving ‘‘Schedule 1’’
Chemicals (Including Schedule 1
Chemicals Produced as Intermediates)
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 on commercial
activities of proposed additions to
‘‘Schedule 1’’ in the ‘‘Annex on
Chemicals’’ to the Chemical Weapons
Convention (CWC), as implemented
through the Chemical Weapons
Convention Implementation Act
(CWCIA) and the Chemical Weapons
Convention Regulations (CWCR). The
purpose of this notice of inquiry is to
collect information to assist BIS in
assessing the likely impact on United
States industry of the proposed addition
of five chemical families to ‘‘Schedule
1’’ in the ‘‘Annex on Chemicals.’’
DATES: Comments must be received by
September 13, 2019.
ADDRESSES: You may submit comments
by any of the following methods (please
refer to RIN 0694–XC053 in all
comments and in the subject line of
email comments):
• Federal rulemaking portal (https://
www.regulations.gov)—you can find this
notice by searching on its
regulations.gov docket number, which is
BIS–2019–0002;
• 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) 482–2163. For questions
jspears on DSK3GMQ082PROD with NOTICES
SUMMARY:
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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 23, titled
‘‘Additions to the Annex on
Chemicals,’’ calls for the President to
submit a report to the Committee on
Foreign Relations of the Senate,
detailing the likely impact of the
proposed addition of a chemical or
biological substance to a schedule in the
‘‘Annex on Chemicals.’’ This report
shall include, inter alia, an assessment
of the likely impact on United States
industry of the proposed addition.
President Trump, in his Memorandum
of November 5, 2018 (83 FR 62679,
December 4, 2018), delegated the
authority to carry out this function to
the Secretary of State, in coordination
with other U.S. Government
departments and agencies (including the
Department of Commerce), consistent
with the process described in National
Security Presidential Memorandum-4 of
April 4, 2017 (82 FR 16881, April 6,
2017).
The CWC is an international arms
control treaty that contains certain
verification provisions. In order to
implement these verification provisions,
the CWC established the Organization
for the Prohibition of Chemical
Weapons (OPCW). The CWC imposes
certain obligations on countries that
have ratified the Convention (i.e., States
Parties), among which are the enactment
of legislation to prohibit the production,
storage, and use of chemical weapons,
and the establishment of a National
Authority to serve as the national focal
point for effective liaison with the
OPCW and other States Parties in order
to achieve the object and purpose of the
Convention and the implementation of
its provisions. The CWC also requires
each State Party to implement a
comprehensive data declaration and
inspection regime to provide
transparency and to verify that both the
public and private sectors of the State
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40389
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—Schedule 1 Chemicals 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)/NSC–70 (December 17, 1999),
which specifies agency and
departmental responsibilities as part of
the U.S. implementation of the CWC,
the Department of Defense (DOD) was
assigned the responsibility to operate
these two facilities. Although this
assignment of responsibility to DOD per
PDD/NSC–70 effectively precluded the
commercial production of ‘‘Schedule 1’’
chemicals for protective purposes in the
United States, it did not otherwise
establish any limitations on ‘‘Schedule
1’’ chemical activities that are not
prohibited by the CWC.
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 only. The
CWCR prohibit commercial production
of ‘‘Schedule 1’’ chemicals for
‘‘protective purposes’’ because such
production is effectively precluded per
PDD/NSC–70, as described above—see
15 CFR 712.2(a). The CWCR also
contain other requirements and
prohibitions that apply to ‘‘Schedule 1’’
chemicals and/or ‘‘Schedule 1’’
facilities. Specifically, the CWCR:
(1) Prohibit the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(b));
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Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices
Convention (15 CFR 742.18(a)(1) and
(b)(1)(ii)).
For purposes of the CWCR (see 15
CFR 710.1), ‘‘production of a Schedule
1 chemical’’ means the formation of
‘‘Schedule 1’’ chemicals through
chemical synthesis, as well as
processing to extract and isolate
‘‘Schedule 1’’ chemicals produced by a
biochemical or biologically mediated
reaction. 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.
Example: N-(1-(di-n-decylamino)-ndecylidene)-P-decylphosphonamidic fluoride
(No CAS Number)
(2) J-Alkyl-N-fluorophosphorylamidines
Example: O-n-decyl N-(1-(di-ndecylamino)-n-decylidene)
phosphoramidofluoridate (No CAS Number)
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Proposed Addition of Five Families of
Chemicals to ‘‘Schedule 1’’ in the CWC
‘‘Annex on Chemicals’’
On October 16, 2018 the United
States, Canada, and the Netherlands
Generic name: O-alkyl (H or ≤ C10, incl.
cycloalkyl) N-(1-(dialkyl(≤ C10, incl.
cycloalkyl)amino))alkylidene(H or ≤ C10,
(3) H-alkyl-N-fluorophosphonyl guanidines
Generic name: P-Alkyl (H or ≤ C10, incl.
cycloalkyl)-(bis((alkyl (H or ≤ C10, incl.
cycloalkyl)alkyl(H or ≤ C10, incl.
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submitted a proposal to the OPCW
Director General to add two families of
chemicals to ‘‘Schedule 1’’ in the CWC
‘‘Annex on Chemicals.’’ On December 7,
2018, Russia submitted additional
proposals to the Director General, which
included adding three additional
families to ‘‘Schedule 1.’’ However, the
CWC States Parties have yet to reach
agreement on adding the five chemical
families to ‘‘Schedule 1’’ in the CWC
‘‘Annex on Chemicals.’’
The following five ‘‘Schedule 1’’
chemical families are under
consideration for being listed as toxic
chemicals in ‘‘Schedule 1’’ (the addition
of the first two chemical families to
‘‘Schedule 1’’ was proposed by the
United States, Canada, and the
Netherlands; the addition of the other
three chemical families was proposed
by Russia):
(1) P-alkyl-N-fluorophosphonyl amidines
Generic name: P-Alkyl (H or ≤ C10, incl.
cycloalkyl) N-(1-(dialkyl(≤ C10, incl.
cycloalkyl)amino))alkylidene(H or ≤ C10,
incl. cycloalkyl) phosphoramidic flourides
and corresponding alkylated or protonated
salts
Generic structure:
incl. cycloalkyl) phosphoramidofluoridates
and corresponding alkylated or protonated
salts
Generic structure:
cycloalkyl)amino))methylene)
phosphonamidofluoridates and
corresponding alkylated or protonated salts
Generic structure:
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(2) Require annual declarations by
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) Provide for government approval
of ‘‘declared Schedule 1’’ facilities (15
CFR 712.5(f));
(4) Provide that ‘‘declared Schedule
1’’ facilities are subject to initial and
routine inspection by the OPCW (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
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40390
Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices
Example: Methyl(bis(diethylamino)methylene)
phosphonamidofluoridate (No CAS Number)
(4) Carbamates (quaternaries and
bisquaternaries of
dimethylcarbamoyloxypyridines)
EN14AU19.492</GPH>
(hydroxyl, cyano,
acetoxy)alkyl(C≤10)ammonio]-n-[N-(3methyl-carbamoxy-a-picolinyl)-N,Ndialkyl(C≤10)ammonio]decane dibromide
(n=1-8); 1,n-Bis[N-(3-dimethylcarbamoxy-apicolyl)-N,N-dialkyl(C≤10)ammonio]-alkane(2,(n-l)-dione) dibromide (n=2-12)
Generic structures:
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Generic names: N-(n-Bromo (Alkyl)-N-(3dimethylcarbamoxy-a-picolinyl)-N,N(CnH2n-1, n=1,2,3) ammonium bromide
(n=1-10); 1-[N,N-Dialkyl(C≤10)-N-(n-
40391
Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Notices
Examples: N-(10-Bromodecyl)-N-(3dimethylcarbamoxy-a-picolinyl)-N,Ndimethylammonium bromide; 1-[N,NDimethyl-N-(2-hydroxy)ethylammonio]-10[N-(3-dimethyl-carbamoxy-a-picolinyl)-N,Ndimethylammonio]decane dibromide (CAS
number: 77104-62-2); 1,10-Bis[N-(3dimethylcarbamoxy-a-picolyl)-N-ethyl-N-
methylammonio]-decane-2,9-dione
dibromide (CAS number: 77104-00-8)
(5) Fluorophosphoryl dihaloformaldoximes
(also referred to as substituted
((alkyliden)amino)oxy-phosphates and
phosphonates)
Generic name: O-(1-Alkyl(H, Me)-2alkyl(H, Me)-2-chloroethyl)-(((dihalo(F,
Cl)methylene)amino)oxy)phosphorofluoridates
Generic structure:
Examples: 2-Chloroethyl(((chlorofluoromethylene)amino)oxy)phosphoro-fluoridate
(CAS number: 26102-97-6); 1-Chloropropan2-yl(((chlorofluoromethylene)amino)oxy)phosphoro-fluoridate
(CAS number: 26102-98-7); 3-Chlorobutan-2yl(((chlorofluoromethylene)amino)oxy)phosphoro-fluoridate
(CAS number: 26102-99-8)
anonymously may do so by submitting
their comments via Regulations.gov,
leaving the fields that would identify
the commenter blank and including no
identifying information in the comment
itself.
Background
On February 8, 2019, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the AD order
on washers from Korea for the POR.1
Commerce received timely requests
from Whirlpool Corporation (the
petitioner) and LG Electronics, Inc.
(LGE), in accordance with section 751(a)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213(b), to
conduct an administrative review of this
AD order for LGE.2
On April 30, 2019, the International
Trade Commission determined that
revocation of the AD order on washers
from Korea would not be likely to lead
to a continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time, pursuant to section
751(c) of the Act.3 Therefore, on May 6,
2019, Commerce revoked the AD order
on washers from Korea effective
February 15, 2018.4
On May 2, 2019, Commerce published
in the Federal Register a notice of
Request for Comments
BIS is seeking public comments to
assist in determining whether the
legitimate commercial activities and
interests of chemical, biotechnology,
and pharmaceutical firms in the United
States would be significantly harmed by
the limitations that would be imposed
on access to, and production of, the
compounds included in the five
chemical families identified above, if
the CWC States Parties were to agree to
add these chemical families to
‘‘Schedule 1’’ in the CWC ‘‘Annex on
Chemicals.’’ To allow BIS to properly
evaluate the significance of any harm to
commercial activities involving the
proposed ‘‘Schedule 1’’ chemical
families, 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.
jspears on DSK3GMQ082PROD with NOTICES
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.
BIS will consider all comments received
on or before September 13, 2019. All
comments (including any personally
identifying information or information
for which a claim of confidentially is
asserted either in those comments or
their transmittal emails) will be made
available for public inspection and
copying. Parties who wish to comment
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Dated: August 6, 2019.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2019–17256 Filed 8–13–19; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–868]
Large Residential Washers From the
Republic of Korea: Rescission of
Antidumping Duty Administrative
Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding its
administrative review of the
antidumping duty (AD) order on large
residential washers (washers) from the
Republic of Korea (Korea) for the period
of review (POR) February 1, 2018,
through February 14, 2018.
DATES: Applicable August 14, 2019.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Ian Hamilton, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4136 or (202) 482–4798,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 84 FR 2816
(February 8, 2019).
2 See Petitioner’s Letter, ‘‘Large Residential
Washers from Korea: Request for Administrative
Review of Antidumping Order,’’ dated February 26,
2019; see also LGE Letter, ‘‘LG Electronics’ Request
for Antidumping Administrative Review Large
Residential Washers from Korea,’’ dated February
28, 2019.
3 See Certain Large Residential Washers from
Korea and Mexico, 84 FR 18319 (April 30, 2019).
See also Certain Large Residential Washers from
Korea and Mexico (Inv. Nos. 701–TA–488 and 731–
TA–1199–1200 (Review)), USITC Publication 4882
(April 2019).
4 See Large Residential Washers from Mexico and
the Republic of Korea: Continuation of
Antidumping Duty Order (Mexico) and Revocation
of Antidumping and Countervailing Duty Orders
(Korea), 84 FR 19763 (May 6, 2019).
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40392
]]>Agencies
[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40389-40392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17256]
[[Page 40389]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 190215128-9128-01]
RIN 0694-XC053
Impact of Proposed Additions to the ``Annex on Chemicals'' to the
Chemical Weapons Convention (CWC) on Legitimate Commercial Chemical,
Biotechnology, and Pharmaceutical Activities Involving ``Schedule 1''
Chemicals (Including Schedule 1 Chemicals Produced as Intermediates)
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 on commercial activities of proposed additions
to ``Schedule 1'' in the ``Annex on Chemicals'' to the Chemical Weapons
Convention (CWC), as implemented through the Chemical Weapons
Convention Implementation Act (CWCIA) and the Chemical Weapons
Convention Regulations (CWCR). The purpose of this notice of inquiry is
to collect information to assist BIS in assessing the likely impact on
United States industry of the proposed addition of five chemical
families to ``Schedule 1'' in the ``Annex on Chemicals.''
DATES: Comments must be received by September 13, 2019.
ADDRESSES: You may submit comments by any of the following methods
(please refer to RIN 0694-XC053 in all comments and in the subject line
of email comments):
Federal rulemaking portal (https://www.regulations.gov)--
you can find this notice by searching on its regulations.gov docket
number, which is BIS-2019-0002;
Email: [email protected]--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) 482-2163. 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
23, titled ``Additions to the Annex on Chemicals,'' calls for the
President to submit a report to the Committee on Foreign Relations of
the Senate, detailing the likely impact of the proposed addition of a
chemical or biological substance to a schedule in the ``Annex on
Chemicals.'' This report shall include, inter alia, an assessment of
the likely impact on United States industry of the proposed addition.
President Trump, in his Memorandum of November 5, 2018 (83 FR 62679,
December 4, 2018), delegated the authority to carry out this function
to the Secretary of State, in coordination with other U.S. Government
departments and agencies (including the Department of Commerce),
consistent with the process described in National Security Presidential
Memorandum-4 of April 4, 2017 (82 FR 16881, April 6, 2017).
The CWC is an international arms control treaty that contains
certain verification provisions. In order to implement these
verification provisions, the CWC established the Organization for the
Prohibition of Chemical Weapons (OPCW). The CWC imposes certain
obligations on countries that have ratified the Convention (i.e.,
States Parties), among which are the enactment of legislation to
prohibit the production, storage, and use of chemical weapons, and the
establishment of a National Authority to serve as the national focal
point for effective liaison with the OPCW and other States Parties in
order to achieve the object and purpose of the Convention and the
implementation of its provisions. The CWC also requires each State
Party to implement a comprehensive data declaration and inspection
regime to provide transparency and to verify that both the public and
private sectors of the State Party are not engaged in activities
prohibited under the CWC.
``Schedule 1'' chemicals consist of those toxic chemicals and
precursors set forth in the CWC ``Annex on Chemicals'' and in
Supplement No. 1 to Part 712--Schedule 1 Chemicals 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)/NSC-70 (December 17, 1999), which specifies
agency and departmental responsibilities as part of the U.S.
implementation of the CWC, the Department of Defense (DOD) was assigned
the responsibility to operate these two facilities. Although this
assignment of responsibility to DOD per PDD/NSC-70 effectively
precluded the commercial production of ``Schedule 1'' chemicals for
protective purposes in the United States, it did not otherwise
establish any limitations on ``Schedule 1'' chemical activities that
are not prohibited by the CWC.
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 only. The CWCR prohibit commercial
production of ``Schedule 1'' chemicals for ``protective purposes''
because such production is effectively precluded per PDD/NSC-70, as
described above--see 15 CFR 712.2(a). The CWCR also contain other
requirements and prohibitions that apply to ``Schedule 1'' chemicals
and/or ``Schedule 1'' facilities. Specifically, the CWCR:
(1) Prohibit the import of ``Schedule 1'' chemicals from States not
Party to the Convention (15 CFR 712.2(b));
[[Page 40390]]
(2) Require annual declarations by 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) Provide for government approval of ``declared Schedule 1''
facilities (15 CFR 712.5(f));
(4) Provide that ``declared Schedule 1'' facilities are subject to
initial and routine inspection by the OPCW (15 CFR 712.5(e) and
716.1(b)(1));
(5) Require 200 days advance notification of establishment of new
``Schedule 1'' production facilities producing greater than 100 grams
aggregate of ``Schedule 1'' chemicals per calendar year (15 CFR 712.4);
(6) Require advance notification and annual reporting of all
imports and exports of ``Schedule 1'' chemicals to, or from, other
States Parties to the Convention (15 CFR 712.6, 742.18(a)(1) and
745.1); and
(7) Prohibit the export of ``Schedule 1'' chemicals to States not
Party to the Convention (15 CFR 742.18(a)(1) and (b)(1)(ii)).
For purposes of the CWCR (see 15 CFR 710.1), ``production of a
Schedule 1 chemical'' means the formation of ``Schedule 1'' chemicals
through chemical synthesis, as well as processing to extract and
isolate ``Schedule 1'' chemicals produced by a biochemical or
biologically mediated reaction. 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.
Proposed Addition of Five Families of Chemicals to ``Schedule 1'' in
the CWC ``Annex on Chemicals''
On October 16, 2018 the United States, Canada, and the Netherlands
submitted a proposal to the OPCW Director General to add two families
of chemicals to ``Schedule 1'' in the CWC ``Annex on Chemicals.'' On
December 7, 2018, Russia submitted additional proposals to the Director
General, which included adding three additional families to ``Schedule
1.'' However, the CWC States Parties have yet to reach agreement on
adding the five chemical families to ``Schedule 1'' in the CWC ``Annex
on Chemicals.''
The following five ``Schedule 1'' chemical families are under
consideration for being listed as toxic chemicals in ``Schedule 1''
(the addition of the first two chemical families to ``Schedule 1'' was
proposed by the United States, Canada, and the Netherlands; the
addition of the other three chemical families was proposed by Russia):
(1) P-alkyl-N-fluorophosphonyl amidines Generic name: P-Alkyl (H or <=
C10, incl. cycloalkyl) N-(1-(dialkyl(<= C10, incl.
cycloalkyl)amino))alkylidene(H or <= C10, incl. cycloalkyl)
phosphoramidic flourides and corresponding alkylated or protonated
salts
Generic structure:
[GRAPHIC] [TIFF OMITTED] TN14AU19.489
Example: N-(1-(di-n-decylamino)-n-decylidene)-P-
decylphosphonamidic fluoride (No CAS Number)
(2) [Ocy]-Alkyl-N-fluorophosphorylamidines
Generic name: O-alkyl (H or <= C10, incl. cycloalkyl) N-(1-
(dialkyl(<= C10, incl. cycloalkyl)amino))alkylidene(H or <= C10,
incl. cycloalkyl) phosphoramidofluoridates and corresponding
alkylated or protonated salts
Generic structure:
[GRAPHIC] [TIFF OMITTED] TN14AU19.490
Example: O-n-decyl N-(1-(di-n-decylamino)-n-decylidene)
phosphoramidofluoridate (No CAS Number)
(3) [Rcy]-alkyl-N-fluorophosphonyl guanidines
Generic name: P-Alkyl (H or <= C10, incl. cycloalkyl)-
(bis((alkyl (H or <= C10, incl. cycloalkyl)alkyl(H or <= C10, incl.
cycloalkyl)amino))methylene) phosphonamidofluoridates and
corresponding alkylated or protonated salts
Generic structure:
[[Page 40391]]
[GRAPHIC] [TIFF OMITTED] TN14AU19.491
Example: Methyl-
(bis(diethylamino)methylene)phosphonamidofluoridate (No CAS Number)
(4) Carbamates (quaternaries and bisquaternaries of
dimethylcarbamoyloxypyridines)
Generic names: N-(n-Bromo (Alkyl)-N-(3-dimethylcarbamoxy-
[alpha]-picolinyl)-N,N- (CnH2n-1, n=1,2,3) ammonium bromide (n=1-
10); 1-[N,N-Dialkyl(C<=10)-N-(n-(hydroxyl, cyano,
acetoxy)alkyl(C<=10)ammonio]-n-[N-(3-methyl-carbamoxy-[alpha]-
picolinyl)-N,N-dialkyl(C<=10)ammonio]decane dibromide (n=1-8); 1,n-
Bis[N-(3-dimethylcarbamoxy-[alpha]-picolyl)-N,N-
dialkyl(C<=10)ammonio]-alkane-(2,(n-l)-dione) dibromide (n=2-12)
Generic structures:
[GRAPHIC] [TIFF OMITTED] TN14AU19.492
[[Page 40392]]
Examples: N-(10-Bromodecyl)-N-(3-dimethylcarbamoxy-[alpha]-
picolinyl)-N,N-dimethylammonium bromide; 1-[N,N-Dimethyl-N-(2-
hydroxy)ethylammonio]-10-[N-(3-dimethyl-carbamoxy-[alpha]-
picolinyl)-N,N-dimethylammonio]decane dibromide (CAS number: 77104-
62-2); 1,10-Bis[N-(3-dimethylcarbamoxy-a-picolyl)-N-ethyl-N-
methylammonio]-decane-2,9-dione dibromide (CAS number: 77104-00-8)
(5) Fluorophosphoryl dihaloformaldoximes (also referred to as
substituted ((alkyliden)amino)oxy-phosphates and phosphonates)
Generic name: O-(1-Alkyl(H, Me)-2-alkyl(H, Me)-2-chloroethyl)-
(((dihalo(F, Cl)methylene)amino)-oxy)phosphorofluoridates
Generic structure:
[GRAPHIC] [TIFF OMITTED] TN14AU19.493
Examples: 2-Chloroethyl(((chlorofluoro-
methylene)amino)oxy)phosphoro-fluoridate (CAS number: 26102-97-6);
1-Chloropropan-2-yl(((chlorofluoro-methylene)amino)oxy)phosphoro-
fluoridate (CAS number: 26102-98-7); 3-Chlorobutan-2-
yl(((chlorofluoro-methylene)amino)oxy)phosphoro-fluoridate (CAS
number: 26102-99-8)
Request for Comments
BIS is seeking public comments to assist in determining whether the
legitimate commercial activities and interests of chemical,
biotechnology, and pharmaceutical firms in the United States would be
significantly harmed by the limitations that would be imposed on access
to, and production of, the compounds included in the five chemical
families identified above, if the CWC States Parties were to agree to
add these chemical families to ``Schedule 1'' in the CWC ``Annex on
Chemicals.'' To allow BIS to properly evaluate the significance of any
harm to commercial activities involving the proposed ``Schedule 1''
chemical families, public comments submitted in response to this notice
of inquiry should include both a quantitative and qualitative
assessment of the impact of the CWC on such activities.
Submission of Comments
All comments must be submitted to one of the addresses indicated in
this notice. The Department requires that all comments be submitted in
written form. BIS will consider all comments received on or before
September 13, 2019. All comments (including any personally identifying
information or information for which a claim of confidentially is
asserted either in those comments or their transmittal emails) will be
made available for public inspection and copying. Parties who wish to
comment anonymously may do so by submitting their comments via
Regulations.gov, leaving the fields that would identify the commenter
blank and including no identifying information in the comment itself.
Dated: August 6, 2019.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2019-17256 Filed 8-13-19; 8:45 am]
BILLING CODE 3510-33-P
