Impact of the Implementation of the Chemical Weapons Convention (CWC) on Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving “Schedule 1” Chemicals (Including “Schedule 1” Chemicals Produced as Intermediates) During Calendar Year 2023, 88049-88050 [2023-27951]
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Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices
research reports prepared for sponsors
inside and outside of the Census
Bureau. The results may also be
prepared for presentations related to
survey methodology at professional
meetings or publications in professional
journals.
Affected Public: Individuals or
households.
Frequency: Once.
Respondent’s Obligation: Voluntary.
Legal Authority: Data collection for
this project is authorized under the
authorizing legislation for the
questionnaire being tested. This may be
Title 13, Sections 131, 141, 161, 181,
182, 193, and 301 for Census Bureausponsored surveys, and Title 13, Section
8(b) and Title 15 for surveys sponsored
by other Federal agencies. We do not
now know what other titles will be
referenced, since we do not know what
survey questionnaires will be pretested
during the course of the clearance.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0607–0978.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–28005 Filed 12–19–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 231208–0291]
ddrumheller on DSK120RN23PROD with NOTICES1
RIN 0694–XC103
Impact of the Implementation of the
Chemical Weapons Convention (CWC)
on Legitimate Commercial Chemical,
Biotechnology, and Pharmaceutical
Activities Involving ‘‘Schedule 1’’
Chemicals (Including ‘‘Schedule 1’’
Chemicals Produced as Intermediates)
During Calendar Year 2023
Bureau of Industry and
Security, Commerce.
ACTION: Notice of inquiry.
AGENCY:
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18:02 Dec 19, 2023
Jkt 262001
The Bureau of Industry and
Security is seeking public comments on
the impact that the implementation of
the Chemical Weapons Convention,
through the Chemical Weapons
Convention Implementation Act of 1998
and the Chemical Weapons Convention
Regulations, has had on commercial
activities involving ‘‘Schedule 1’’
chemicals during calendar year 2023.
The purpose of this notice of inquiry is
to collect information to assist BIS in its
preparation of the annual certification to
the Congress on whether the legitimate
commercial activities and interests of
chemical, biotechnology, and
pharmaceutical firms are harmed by
such implementation. This certification
is required under Condition 9 of Senate
Resolution 75 (April 24, 1997), in which
the Senate gave its advice and consent
to the ratification of the Chemical
Weapons Convention.
DATES: Comments must be received by
January 19, 2024.
ADDRESSES: Comments on this rule may
be submitted to the Federal rulemaking
portal https://www.regulations.gov. The
regulations.gov ID for this rule is: BIS–
2023–0039. Please refer to RIN 0694–
XC103 in all comments.
All filers using the portal should use
the name of the person or entity
submitting the comments as the name of
their files, in accordance with the
instructions below. Anyone submitting
business confidential information
should clearly identify the business
confidential portion at the time of
submission, file a statement justifying
nondisclosure and referring to the
specific legal authority claimed, and
provide a non-confidential version of
the submission.
For comments submitted
electronically containing business
confidential information, the file name
of the business confidential version
should begin with the characters ‘‘BC.’’
Any page containing business
confidential information must be clearly
marked ‘‘BUSINESS CONFIDENTIAL’’
on the top of that page. The
corresponding non-confidential version
of those comments must be clearly
marked ‘‘PUBLIC.’’ The file name of the
non-confidential version should begin
with the character ‘‘P.’’ Any
submissions with file names that do not
begin with either a ‘‘BC’’ or a ‘‘P’’ will
be assumed to be public and will be
made publicly available through https://
www.regulations.gov.
Commenters submitting business
confidential information are encouraged
to scan a hard copy of the nonconfidential version to create an image
of the file, rather than submitting a
SUMMARY:
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88049
digital copy with redactions applied, to
avoid inadvertent redaction errors
which could enable the public to read
business confidential information.
FOR FURTHER INFORMATION CONTACT: For
questions on the Chemical Weapons
Convention requirements for ‘‘Schedule
1’’ chemicals, contact James Truske,
Treaty Compliance Division, (202) 482–
2509, Email: james.truske@bis.doc.gov.
For questions on the submission of
comments, contact Logan Norton,
Regulatory Policy Division, Email:
RPD2@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
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’’) is an international arms
control treaty that seeks to eliminate
chemical weapons through requiring
ratifying countries (States Parties) to
prohibit the development, production,
acquisition, stockpiling, retention, and
transfer of chemical weapons. The CWC
imposes certain obligations on States
Parties, among which are the enactment
of legislation to implement the treaty’s
prohibitions. In the United States, the
Chemical Weapons Convention
Implementation Act of 1998, 22 U.S.C.
6701 et seq., implements the provisions
of the CWC. In providing its advice and
consent to the ratification of the CWC,
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 George W. Bush, by
Executive Order 13346, delegated his
authority to make the annual
certification to the Secretary of
Commerce.
‘‘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
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ddrumheller on DSK120RN23PROD with NOTICES1
88050
Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Notices
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 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. DOD maintains
strict controls on ‘‘Schedule 1’’
chemicals produced at its facilities in
order to ensure accountability for such
chemicals, as well as their proper use,
consistent with the Convention’s
objectives. Although this assignment of
responsibility to DOD under PDD–70
effectively precluded commercial
production of ‘‘Schedule 1’’ chemicals
for ‘‘protective purposes’’ in the United
States, it did not establish any
limitations on ‘‘Schedule 1’’ chemical
activities that are not prohibited by the
CWC.
The provisions of the CWC that affect
commercial activities involving
‘‘Schedule 1’’ chemicals are
implemented in the CWCR (see 15 CFR
part 712) and in the Export
Administration Regulations (EAR) (see
15 CFR 742.18 and 15 CFR part 745),
both of which are administered by the
Bureau of Industry and Security (BIS).
Pursuant to CWC requirements, the
CWCR restrict commercial production
of ‘‘Schedule 1’’ chemicals to research,
medical, or pharmaceutical purposes.
The CWCR prohibit commercial
production of ‘‘Schedule 1’’ chemicals
for ‘‘protective purposes’’ because such
production is effectively precluded per
PDD–70, as described above (see 15 CFR
712.2(a)).
The CWCR also contain other
requirements and prohibitions that
apply to ‘‘Schedule 1’’ chemicals and/or
‘‘Schedule 1’’ facilities. Specifically, the
CWCR:
(1) Prohibits the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(b));
(2) Requires annual declarations by
certain facilities engaged in the
production of ‘‘Schedule 1’’ chemicals
in excess of 100 grams aggregate per
VerDate Sep<11>2014
18:02 Dec 19, 2023
Jkt 262001
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) Provides for government approval
of ‘‘declared Schedule 1’’ facilities (15
CFR 712.5(f));
(4) Requires 200 days advance
notification of the establishment of new
‘‘Schedule 1’’ production facilities
producing greater than 100 grams
aggregate of ‘‘Schedule 1’’ chemicals per
calendar year (15 CFR 712.4);
(5) Provides 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));
(6) Requires 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) Prohibits 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 the
definition of ‘‘production’’ in 15 CFR
710.1), the phrase ‘‘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. The phrase
also encompasses the formation of a
chemical through chemical reaction,
including by a biochemical or
biologically mediated reaction.
‘‘Production of a Schedule 1 chemical’’
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 CWC,
through the Chemical Weapons
Convention Implementation Act of 1998
and the CWCR, has had on commercial
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
activities involving ‘‘Schedule 1’’
chemicals during calendar year 2023. To
allow BIS to properly evaluate the
significance of any harm to commercial
activities involving ‘‘Schedule 1’’
chemicals, public comments submitted
in response to this notice of inquiry
should include both a quantitative and
qualitative assessment of the impact of
the CWC on such activities.
Submission of Comments
All comments must be submitted to
one of the addresses indicated in this
notice and in accordance with the
instructions provided herein. BIS will
consider all comments received on or
before January 19, 2024.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2023–27951 Filed 12–19–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–815]
Finished Carbon Steel Flanges From
Spain: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
ULMA Forja, S.Coop (ULMA) and
companies not selected for individual
examination made sales of finished
carbon steel flanges (flanges) from Spain
in the United States at less than normal
value (NV) during the period of review
(POR) June 1, 2021, through May 31,
2022.
DATES: Applicable December 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Carolyn Adie or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6250 or (202) 482–6312,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 7, 2023, Commerce published
the Preliminary Results and invited
interested parties to comment.1 In
1 See Finished Carbon Steel Flanges from Spain:
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 43307
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88049-88050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27951]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 231208-0291]
RIN 0694-XC103
Impact of the Implementation of the Chemical Weapons Convention
(CWC) on Legitimate Commercial Chemical, Biotechnology, and
Pharmaceutical Activities Involving ``Schedule 1'' Chemicals (Including
``Schedule 1'' Chemicals Produced as Intermediates) During Calendar
Year 2023
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notice of inquiry.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security is seeking public comments
on the impact that the implementation of the Chemical Weapons
Convention, through the Chemical Weapons Convention Implementation Act
of 1998 and the Chemical Weapons Convention Regulations, has had on
commercial activities involving ``Schedule 1'' chemicals during
calendar year 2023. The purpose of this notice of inquiry is to collect
information to assist BIS in its preparation of the annual
certification to the Congress on whether the legitimate commercial
activities and interests of chemical, biotechnology, and pharmaceutical
firms are harmed by such implementation. This certification is required
under Condition 9 of Senate Resolution 75 (April 24, 1997), in which
the Senate gave its advice and consent to the ratification of the
Chemical Weapons Convention.
DATES: Comments must be received by January 19, 2024.
ADDRESSES: Comments on this rule may be submitted to the Federal
rulemaking portal https://www.regulations.gov. The regulations.gov ID
for this rule is: BIS-2023-0039. Please refer to RIN 0694-XC103 in all
comments.
All filers using the portal should use the name of the person or
entity submitting the comments as the name of their files, in
accordance with the instructions below. Anyone submitting business
confidential information should clearly identify the business
confidential portion at the time of submission, file a statement
justifying nondisclosure and referring to the specific legal authority
claimed, and provide a non-confidential version of the submission.
For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' Any submissions with file names that do not
begin with either a ``BC'' or a ``P'' will be assumed to be public and
will be made publicly available through https://www.regulations.gov.
Commenters submitting business confidential information are
encouraged to scan a hard copy of the non-confidential version to
create an image of the file, rather than submitting a digital copy with
redactions applied, to avoid inadvertent redaction errors which could
enable the public to read business confidential information.
FOR FURTHER INFORMATION CONTACT: For questions on the Chemical Weapons
Convention requirements for ``Schedule 1'' chemicals, contact James
Truske, Treaty Compliance Division, (202) 482-2509, Email:
[email protected]. For questions on the submission of comments,
contact Logan Norton, Regulatory Policy Division, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
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'') is an international arms control treaty that seeks to
eliminate chemical weapons through requiring ratifying countries
(States Parties) to prohibit the development, production, acquisition,
stockpiling, retention, and transfer of chemical weapons. The CWC
imposes certain obligations on States Parties, among which are the
enactment of legislation to implement the treaty's prohibitions. In the
United States, the Chemical Weapons Convention Implementation Act of
1998, 22 U.S.C. 6701 et seq., implements the provisions of the CWC. In
providing its advice and consent to the ratification of the CWC, 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
George W. Bush, by Executive Order 13346, delegated his authority to
make the annual certification to the Secretary of Commerce.
``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
[[Page 88050]]
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 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. DOD maintains strict
controls on ``Schedule 1'' chemicals produced at its facilities in
order to ensure accountability for such chemicals, as well as their
proper use, consistent with the Convention's objectives. Although this
assignment of responsibility to DOD under PDD-70 effectively precluded
commercial production of ``Schedule 1'' chemicals for ``protective
purposes'' in the United States, it did not establish any limitations
on ``Schedule 1'' chemical activities that are not prohibited by the
CWC.
The provisions of the CWC that affect commercial activities
involving ``Schedule 1'' chemicals are implemented in the CWCR (see 15
CFR part 712) and in the Export Administration Regulations (EAR) (see
15 CFR 742.18 and 15 CFR part 745), both of which are administered by
the Bureau of Industry and Security (BIS). Pursuant to CWC
requirements, the CWCR restrict commercial production of ``Schedule 1''
chemicals to research, medical, or pharmaceutical purposes. The CWCR
prohibit commercial production of ``Schedule 1'' chemicals for
``protective purposes'' because such production is effectively
precluded per PDD-70, as described above (see 15 CFR 712.2(a)).
The CWCR also contain other requirements and prohibitions that
apply to ``Schedule 1'' chemicals and/or ``Schedule 1'' facilities.
Specifically, the CWCR:
(1) Prohibits the import of ``Schedule 1'' chemicals from States
not Party to the Convention (15 CFR 712.2(b));
(2) Requires 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) Provides for government approval of ``declared Schedule 1''
facilities (15 CFR 712.5(f));
(4) Requires 200 days advance notification of the establishment of
new ``Schedule 1'' production facilities producing greater than 100
grams aggregate of ``Schedule 1'' chemicals per calendar year (15 CFR
712.4);
(5) Provides 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));
(6) Requires 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) Prohibits 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 the definition of ``production'' in
15 CFR 710.1), the phrase ``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. The
phrase also encompasses the formation of a chemical through chemical
reaction, including by a biochemical or biologically mediated reaction.
``Production of a Schedule 1 chemical'' 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 CWC, through the Chemical
Weapons Convention Implementation Act of 1998 and the CWCR, has had on
commercial activities involving ``Schedule 1'' chemicals during
calendar year 2023. To allow BIS to properly evaluate the significance
of any harm to commercial activities involving ``Schedule 1''
chemicals, public comments submitted in response to this notice of
inquiry should include both a quantitative and qualitative assessment
of the impact of the CWC on such activities.
Submission of Comments
All comments must be submitted to one of the addresses indicated in
this notice and in accordance with the instructions provided herein.
BIS will consider all comments received on or before January 19, 2024.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-27951 Filed 12-19-23; 8:45 am]
BILLING CODE 3510-33-P
