
[Federal Register: December 22, 2008 (Volume 73, Number 246)]
[Rules and Regulations]
[Page 78180-78183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de08-12]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 710, 711, 712, 716, 718, 719, and 720

[Docket No. 080625781-8790-01]
RIN 0694-AE39


Chemical Weapons Convention Regulations: Additions to the List of
States Parties; Updates to Contact Information for the Treaty
Compliance Division; Editorial Corrections

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
final rule to amend the Chemical Weapons Convention Regulations (CWCR)
by updating the address for submitting declarations, reports, and
advance notifications under the CWCR and for submitting chemical
determination requests, and requests to obtain the forms needed to
complete the declarations and reports. This final rule also updates the
telephone and facsimile numbers for contacting, or providing
information to, BIS's Treaty Compliance Division (TCD), which
administers the requirements contained in the CWCR. In addition, this
rule updates the e-mail addresses in the CWCR for submitting chemical
determination requests or requests for BIS to provide written
interpretations of CWCR requirements. These changes are being
implemented by BIS to reflect the recent relocation of TCD.
    This rule also updates the list of countries that currently are
States Parties to the CWC by adding ``Congo (Republic of the),''
``Guinea-Bissau,'' and ``Lebanon,'' which recently became States
Parties.
    Finally, this rule revises a number of references in the CWCR to
the Export Administration Regulations (EAR) to indicate the correct
legal citation for the EAR.

DATES: This rule is effective December 22, 2008. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE39, by any
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-
AE39'' in the subject line of the message.
     Fax: (202) 482-3355. Please alert the Regulatory Policy
Division, by calling (202) 482-2440, if you are faxing comments.
     Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, ATTN: RIN 0694-AE39.

Send comments regarding this collection of information, including
suggestions for reducing the burden, to Jasmeet Seehra, Office of
Management and Budget (OMB), by e-mail to Jasmeet_K._
Seehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection

[[Page 78181]]

of information should be submitted separately from comments on the
final rule (i.e., RIN 0694-AE39)--all comments on the latter should be
submitted by one of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: For questions of a general or
regulatory nature, contact the Regulatory Policy Division, telephone:
(202) 482-2440. For program information on declarations, reports,
advance notifications, chemical determinations, recordkeeping,
inspections and facility agreements, contact the Treaty Compliance
Division, Office of Nonproliferation and Treaty Compliance, telephone:
(202) 482-1001; for legal questions, contact Rochelle Woodard, Office
of the Chief Counsel for Industry and Security, telephone: (202) 482-
5301.

SUPPLEMENTARY INFORMATION:

Background

    This final rule amends the Chemical Weapons Convention Regulations
(CWCR) (15 CFR Parts 710-721) by updating the address for submitting
declarations, reports, and advance notifications that are required
under the CWCR and for submitting chemical determination requests, as
well as requests for obtaining the forms needed to complete
declarations and reports. This final rule also updates the telephone
and facsimile numbers indicated in the CWCR for contacting, or
providing information to, the Treaty Compliance Division (TCD), Office
of Nonproliferation and Treaty Compliance, which is the organization
within the Bureau of Industry and Security (BIS) that administers the
requirements contained in the CWCR. In addition, this rule updates the
e-mail addresses in the CWCR that may be used to submit chemical
determination requests or requests for BIS to provide written
interpretations of CWCR requirements by changing the domain for these
addresses from ``cwc.gov'' to ``bis.doc.gov.'' These changes are being
implemented by BIS to reflect the recent relocation of TCD to new
office space.
    This rule also amends Supplement No. 1 to Part 710 of the CWCR
(titled ``States Parties to the Convention on the Prohibition of the
Development, Production, Stockpiling, and Use of Chemical Weapons and
on Their Destruction'') by adding ``Congo (Republic of the),''
``Guinea-Bissau,'' and ``Lebanon,'' which became States Parties to the
CWC on January 2, 2008, June 18, 2008, and December 20, 2008,
respectively. As a result of this change, the CWCR declaration and
reporting requirements for these two countries will be the same as
those that apply to other States Parties.
    Finally, this rule revises a number of references in the CWCR to
the Export Administration Regulations (EAR) (15 CFR Parts 730-774) to
indicate the correct legal citation for the EAR. Previously, the
citation for the EAR read ``(15 CFR Parts 730 through 799).'' The EAR,
as well as the International Traffic in Arms Regulations (ITAR), are
referenced in the CWCR because both contain certain CWC-related
requirements in addition to those described in the CWCR.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This rule involves a
collection of information subject to the requirements of the PRA. This
collection has been approved by OMB under Control Number 0694-0091
(Chemical Weapons Convention--Declaration and Report Forms), which
carries burden hour estimates of 10.6 hours for Schedule 1 Chemicals
(including declarations, reports, and amendments), 11.9 hours for
Schedule 2 chemicals (including declarations, reports, and amendments),
2.5 hours for Schedule 3 chemicals (including declarations, reports,
and amendments), 5.3/5.1/5.1 hours for unscheduled discrete organic
chemicals (depending upon whether an Annual Declaration on Past
Activities or an amendment thereto, a No Changes Authorization Form, or
a Change in Inspection Status Form, respectively, is required), 1.7
hours for compliance review requests, and 0.17 hours for Schedule 1
notifications. BIS anticipates that this rule will not change these
burden hour estimates, nor will it change the total estimated burden
hours for the approved collection (i.e., 4,501.6 burden hours).
    Comments are invited on: (i) Whether the collection of information
is necessary for the functions of the agency, including whether the
information shall have practical utility; (ii) the accuracy of the
agency's estimate of the information collection burden; (iii) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (iv) ways to minimize the burden of the collection on
respondents, including through the use of automated collection
techniques or other forms of information technology.
    Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden to Jasmeet Seehra, Office of Management and Budget (OMB), and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date are inapplicable
for the amendments contained in this rule that involve updates to
contact information for the Treaty Compliance Division. The provisions
of the Administrative Procedure Act requiring notice of proposed
rulemaking, the opportunity for public participation, and a delay in
effective date are inapplicable for those changes because those
revisions relate to rules of agency organization, procedure, or
practice.
    BIS finds that there is good cause under 5 U.S.C. 553(b)(B) to
waive the provisions of the Administrative Procedure Act requiring
prior notice and the opportunity for public comment for the corrections
to references to the Export Administration Regulations (EAR) (15 CFR
Parts 730-774), because prior notice and the opportunity for public
comment are unnecessary. These revisions are administrative in nature
and do not affect the rights and obligations of the public. Since these
revisions do not constitute substantive changes to the CWCR, it is
unnecessary to provide notice and opportunity for public comment. For
the reason stated above, BIS finds good cause to waive the 30-day delay
in effectiveness required by 5 U.S.C. 553(d) for the revisions to the
references to the EAR.
    The provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking, the opportunity for public
participation, and a delay in effective date, do not apply to the
amendments contained in this rule that involve the addition of three
countries (i.e., Republic of the Congo, Guinea-Bissau, and Lebanon) to
the list of CWC States Parties in Supplement No. 1 to part 710 of the
CWCR, because these revisions involve

[[Page 78182]]

a military and foreign affairs function of the United States (Sec. 5
U.S.C. 553(a)(1)).
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under the Administrative
Procedure Act or by any other law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.) are not applicable.
    Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis. You may submit comments, identified by
RIN 0694-AE39, to Willard Fisher, Regulatory Policy Division, Bureau of
Industry and Security, Department of Commerce, as indicated in the
ADDRESSES section of this rule.

List of Subjects

15 CFR Part 710

    Chemicals, Exports, Foreign Trade, Imports, Treaties.

15 CFR Part 711

    Chemicals, Confidential business information, Reporting and
recordkeeping requirements.

15 CFR Part 712

    Chemicals, Exports, Foreign Trade, Imports, Reporting and
recordkeeping requirements.

15 CFR Part 716

    Chemicals, Confidential business information, Reporting and
recordkeeping requirements, Search warrant, Treaties.

15 CFR Part 718

    Confidential business information, Reporting and recordkeeping
requirements.

15 CFR Part 719

    Administrative proceedings, Exports, Imports, Penalties,
Violations.

15 CFR Part 720

    Penalties, violations.

0
Accordingly, Parts 710, 711, 712, 716, 718, 719, and 720 of the
Chemical Weapons Convention Regulations (15 CFR Parts 710-721) are
amended as follows:

PART 710--[AMENDED]

0
1. The authority citation for 15 CFR Part 710 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703, 3
CFR 1999 Comp., p. 199.


Sec.  710.1  [Amended]

0
2. Section 710.1 is amended:
0
a. By removing the parenthetical phrase ``(15 CFR parts 730 through
799)'' from the fourth sentence of definition of ``Advance
Notification'' and adding, in its place, the parenthetical phrase ``(15
CFR parts 730 through 774)''; and
0
b. By removing the parenthetical phrase ``(15 CFR parts 730-799)'' from
the definition of ``EAR'' and adding, in its place, the parenthetical
phrase ``(15 CFR parts 730 through 774)''.


Sec.  710.6  [Amended]

0
3. Section 710.6 is amended by removing the parenthetical phrase ``(15
CFR parts 730 through 799)'' from the second sentence and adding, in
its place, the parenthetical phrase ``(15 CFR parts 730 through 774)''.

Supplement No. 1 to Part 710--[Amended]

0
4. Supplement No. 1 to Part 710 is amended:
0
a. By revising the undesignated center heading ``List of States Parties
as of November 1, 2006'' to read ``List of States Parties as of
December 20, 2008'';
0
b. By adding in alphabetical order the countries ``Congo (Republic of
the)'', ``Guinea-Bissau'', and ``Lebanon''; and
0
c. By removing the parenthetical phrase ``(15 CFR parts 730-799)'' from
the first footnote that follows the List of States Parties and adding,
in its place, the parenthetical phrase ``(15 CFR parts 730 through
774)''.

PART 711--[AMENDED]

0
5. The authority citation for 15 CFR Part 711 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703, 3
CFR 1999 Comp., p. 199.

0
6. Section 711.4 is amended by revising the second sentence in
paragraph (a)(1) and by revising paragraph (b) to read as follows:


Sec.  711.4  Assistance in determining your obligations.

    (a) * * *
    (1) * * * Such requests must be sent via facsimile to (202) 482-
1731, e-mailed to cdr@bis.doc.gov, or mailed to the Treaty Compliance
Division, Bureau of Industry and Security, U.S. Department of Commerce,
Room 4515, 14th Street and Pennsylvania Avenue, NW., Washington, DC
20230, and must be marked ``Attn: Chemical Determination.'' * * *
* * * * *
    (b) Other inquiries. If you need assistance in interpreting the
provisions of the CWCR or need assistance with declaration, forms,
reporting, advance notification, inspection or facility agreement
issues, contact BIS's Treaty Compliance Division by phone at (202) 482-
1001. If you require a response from BIS in writing, submit a detailed
request to BIS that explains your question, issue, or request. Send the
request to the address or facsimile included in paragraph (a) of this
section, or e-mail the request to cwcqa@bis.doc.gov. Your request must
be marked, ``ATTN: CWCR Assistance.''


Sec.  711.6  [Amended]

0
7. Section 711.6 is amended by removing the phrase ``1555 Wilson Blvd.,
Suite 700, Arlington, VA 22209-2405, Telephone: (703) 605-4400'' from
the first sentence of paragraph (a) and adding, in its place, the
phrase ``Room 4515, 14th Street and Pennsylvania Avenue, NW.,
Washington, DC 20230, Telephone: (202) 482-1001''.
0
8. Section 711.7 is revised to read as follows:


Sec.  711.7  Where to submit declarations, reports and advance
notifications.

    Declarations, reports and advance notifications required by the
CWCR must be sent either by fax to (202) 482-1731 or by mail or courier
delivery to the following address: Treaty Compliance Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 4515, 14th
Street and Pennsylvania Avenue, NW., Washington, DC 20230, Telephone:
(202) 482-1001. Specific types of declarations and reports and due
dates are outlined in Supplement No. 2 to parts 712 through 715 of the
CWCR.


Sec.  711.8  [Amended]

0
9. Section 711.8 is amended by removing the telephone number ``(703)
235-1335'' from the first sentence of paragraph (b)(2)(iv)(A) and
adding, in its place, the telephone number ``(202) 482-1001''.

PART 712--[AMENDED]

0
10. The authority citation for 15 CFR Part 712 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C. 1601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950, as amended by E.O. 13094, 63 FR 40803, 3 CFR, 1998 Comp., p.
200; E.O. 13128, 64 FR 36703, 3 CFR 1999 Comp., p. 199.

[[Page 78183]]

Sec.  712.2  [Amended]

0
11. Section 712.2(b) is amended by removing the parenthetical phrase
``(15 CFR parts 730 through 799)'' from the first sentence of Note 2 to
Sec.  712.2(b) and adding, in its place, the parenthetical phrase ``(15
CFR parts 730 through 774)''.
0
12. Section 712.6 is amended by revising paragraph (a)(2) to read as
follows:


Sec.  712.6  Advance notification and annual report of all exports and
imports of Schedule 1 chemicals to, or from, other States Parties.

    (a) * * *
    (2) Send the advance notification either by fax to (202) 482-1731
or by mail or courier delivery to the following address: Treaty
Compliance Division, Bureau of Industry and Security, U.S. Department
of Commerce, Room 4515, 14th Street and Pennsylvania Avenue, NW.,
Washington, DC 20230, and mark it ``Attn: Advance Notification of
Schedule 1 Chemical [Export] [Import].''
* * * * *

PART 716--[AMENDED]

0
13. The authority citation for 15 CFR Part 716 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703, 3
CFR 1999 Comp., p. 199.


Sec.  716.6  [Amended]

0
14. Section 716.6 is amended by removing the phrase ``1555 Wilson
Blvd., Suite 700, Arlington, VA 22209, Telephone: (703) 605-4400'' from
paragraph (d) and adding, in its place, the phrase ``Room 4515, 14th
Street and Pennsylvania Avenue, NW., Washington, DC 20230, Telephone:
(202) 482-1001''.

PART 718--[AMENDED]

0
15. The authority citation for 15 CFR Part 718 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703, 3
CFR 1999 Comp., p. 199.


Sec.  718.3  [Amended]

0
16. Section 718.3 is amended by removing the parenthetical phrase ``(15
CFR parts 730 through 799)'' from paragraphs (a) and (b)(1) and adding,
in its place, the parenthetical phrase ``(15 CFR parts 730 through
774)''.

PART 719--[AMENDED]

0
17. The authority citation for 15 CFR Part 719 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C. 1601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR 1994, Comp., p.
950; E.O. 13128, 64 FR 36703, 3 CFR 1999 Comp., p. 199.


Sec.  719.1  [Amended]

0
18. Section 719.1(a) is amended by removing the parenthetical phrase
``(15 CFR parts 730 through 799)'' from the Note to Sec.  719.1(a) and
adding, in its place, the parenthetical phrase ``(15 CFR parts 730
through 774)''.

PART 720--[AMENDED]

0
19. The authority citation for 15 CFR Part 720 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703, 3
CFR 1999 Comp., p. 199.


Sec. Sec.  720.2, 720.3, and 720.4  [Amended]

0
20. Part 720 is amended by removing the parenthetical phrase ``(15 CFR
parts 730 through 799)'' and adding, in its place, the parenthetical
phrase ``(15 CFR parts 730 through 774)'' in the following places:
    a. Section 720.2(a), second sentence;
    b. Section 720.3(b), fourth sentence; and
    c. Section 720.4, first sentence.

    Dated: December 16, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-30384 Filed 12-19-08; 8:45 am]

BILLING CODE 3510-33-P
