Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Rules and Regulations 36483 other person (except an airman serving 1C350 is amended by adding twenty- program. The AG periodically reviews as an airman) not operating an aircraft four precursor chemicals, as well as items on its control list to enhance the for the transportation of passengers or mixtures in which at least one of these effectiveness of participating property for compensation. For chemicals constitutes 30 percent or governments’ national controls and to violations that occurred after November more of the weight of the mixture, to achieve greater harmonization among 2, 2015, $13,910 per violation, up to a ECCN 1C350.d. ECCN 1C351 is these controls. total of $556,419 per civil penalty amended to add Middle East respiratory Amendments to the CCL Based on the action, in the case of any other person syndrome-related coronavirus (MERS- February 2020 AG Intersessional (except an airman serving as an airman) related coronavirus). ECCN 2B352 is Recommendations not operating an aircraft for the amended by adding a Technical Note to transportation of passengers or property indicate that cultivation chamber ECCN 1C350 (Chemical Weapons for compensation. holding devices controlled in Precursors) (3) For violations that occurred on or 2B352.b.2.b include single-use This final rule amends Export Control before November 2, 2015, $25,000 per cultivation chambers with rigid walls. Classification Number (ECCN) 1C350 on violation, up to a total of $400,000 per The items addressed by this final rule the Commerce Control List (CCL) civil penalty action, in the case of a were not previously listed on the CCL (Supplement No. 1 to part 774 of the person operating an aircraft for the or controlled multilaterally. BIS, EAR) to reflect changes to the AG transportation of passengers or property consistent with the interagency process ‘‘Chemical Weapons Precursors’’ for compensation (except an individual described in the Export Control Reform common control list based on the serving as an airman). For violations Act of 2018 (ECRA), identified the February 2020 Intersessional that occurred after November 2, 2015, precursor chemicals and single-use Implementation Meeting $34,777 per violation, up to a total of cultivation chambers addressed by this recommendations that were approved $556,419 per civil penalty action, in the final rule as emerging technologies that by the AG pursuant to a silence case of a person (except an individual are essential to U.S. national security procedure which ended on February 28, serving as an airman) operating an and for which effective controls can be 2020. Specifically, this rule amends aircraft for the transportation of implemented. The inclusion of such ECCN 1C350 by adding the following passengers or property for items in this final rule is consistent with twenty-four precursor chemicals under compensation. the requirements of ECRA and the decision of the AG to add such items to ECCN 1C350.d: Chad R. Mizelle, its common control lists, thereby (C.A.S. #589–57–1) Diethyl Senior Official Performing the Duties of the making exports of such items subject to chlorophosphite; General Counsel. multilateral control (following the (C.A.S. #762–77–6) Ethyl [FR Doc. 2020–11124 Filed 6–16–20; 8:45 am] implementation of these changes by chlorofluorophosphate; BILLING CODE 9110–9–P, 9111–14–P, 9111–28–P, 9110– individual AG participating countries, (C.A.S. #1498–51–7) Ethyl 04–P, 9110–05–P including the United States). dichlorophosphate; (C.A.S. #460–52–6) Ethyl DATES: This rule is effective June 17, 2020. difluorophosphate; DEPARTMENT OF COMMERCE (C.A.S. #754–01–8) Methyl FOR FURTHER INFORMATION CONTACT: Dr. chlorofluorophosphate; Bureau of Industry and Security Wesley Johnson, Chemical and (C.A.S. #677–24–7) Methyl Biological Controls Division, Office of dichlorophosphate; 15 CFR Parts 748 and 774 Nonproliferation and Treaty (C.A.S. #22382–13–4) Methyl Compliance, Bureau of Industry and [Docket No. 200521–0143] difluorophosphate; Security, Telephone: (202) 482–0091, (C.A.S. #14277–06–6) N,N- RIN 0694–AH60 Email: [email protected]. Diethylacetamidine; SUPPLEMENTARY INFORMATION: The (C.A.S. #53510–30–8) N,N- Implementation of the February 2020 Bureau of Industry and Security (BIS) is Diethylbutanamidine; Australia Group Intersessional amending the Export Administration (C.A.S. #90324–67–7) N,N- Decisions: Addition of Certain Rigid- Regulations (EAR) to implement the Diethylformamidine; Walled, Single-Use Cultivation decisions made at the Australia Group (C.A.S. #1342789–47–2) N,N- Chambers and Precursor Chemicals to (AG) Intersessional Implementation Diethylisobutanamidine; the Commerce Control List Meeting held in Bratislava, Slovak (C.A.S. #84764–73–8) N,N- AGENCY: Bureau of Industry and Republic, on February 5 through 6, Diethylpropanamidine; Security, Commerce. 2020, and those subsequently made (C.A.S. #1315467–17–4) N,N- ACTION: Final rule. pursuant to the AG silence procedure Diisopropylbutanamidine; which ended on February 28, 2020 (the (C.A.S. #857522–08–8) N,N- SUMMARY: The Bureau of Industry and AG silence procedure provides for the Diisopropylformamidine; Security (BIS) publishes this final rule adoption of a measure, subsequent to its (C.A.S. #2909–14–0) N,N- to amend the Export Administration provisional acceptance at an AG plenary Dimethylacetamidine; Regulations (EAR) to implement the or intersessional meeting, provided that (C.A.S. #1340437–35–5) N,N- decisions made at the February 2020 no participating country submits an Dimethylbutanamidine; Australia Group (AG) Intersessional objection on or before a specified date). (C.A.S. #44205–42–7) N,N- Implementation Meeting, and those later The AG is a multilateral forum Dimethylformamidine; adopted pursuant to the AG’s silence consisting of 42 participating countries (C.A.S. #321881–25–8) N,N- procedure. Specifically, this rule and the European Union that maintain Dimethylisobutanamidine; amends Export Control Classification export controls on a list of chemicals, (C.A.S. #56776–14–8) N,N- Numbers (ECCNs) 1C350, 1C351 and biological agents, and related equipment Dimethylpropanamidine; 2B352 on the Commerce Control List and technology that could be used in a (C.A.S. #1339586–99–0) N,N- (CCL) to reflect these AG changes. ECCN chemical or biological weapons Dipropylacetamidine; VerDate Sep<11>2014 17:27 Jun 16, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\17JNR1.SGM 17JNR1 khammond on DSKJM1Z7X2PROD with RULES 36484 Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Rules and Regulations (C.A.S. #1342422–35–8) N,N- (‘‘technology’’ for the disposal of, inter effective controls can be implemented. Dipropylbutanamidine; alia, precursor chemicals), these ECCNs This interagency process resulted in a (C.A.S. #48044–20–8) N,N- cross-reference items controlled by finding that the absence of export Dipropylformamidine; ECCN 1C350 and, consequently, controls on these precursor chemicals (C.A.S. #1342700–45–1) N,N- ‘‘software’’ or ‘‘technology’’ that is could be exploited for chemical Dipropylisobutanamidine; and related to any of the twenty-four weapons purposes. The inclusion of (C.A.S. #1341496–89–6) N,N- precursor chemicals added by this rule these precursor chemicals in this final Dipropylpropanamidine. to ECCN 1C350.d is now subject to rule is consistent with the requirements Note that mixtures in which at least control under ECCN 1D390, 1E001, of ECRA and the decision of the AG to one of the chemicals listed in ECCN 1E350 or 1E351 if such ‘‘software’’ or add these items to their common control 1C350.d (which now includes the ‘‘technology’’ falls within the lists, thereby making exports of such twenty-four precursor chemicals listed parameters of the controls described items subject to multilateral control. above) constitutes 30 percent or more of therein. the weight of the mixture are also Prior to the addition of these twenty- This rule alphabetically reorders the controlled under this ECCN. four precursor chemicals to the AG precursor chemicals listed in ECCN In addition, although this rule does chemical weapons precursors common 1C350.d to reflect the addition of the not amend ECCN 1D390 (‘‘software’’ for control list, BIS, consistent with the twenty-four precursor chemicals chemical production process control), interagency process described in the identified above. To assist in identifying ECCN 1E001 (‘‘technology’’ for the Export Control Reform Act of 2018 the precursor chemicals that are now ‘‘development’’ or ‘‘production’’ of, (ECRA) (50 U.S.C. 4801–4852) under controlled under ECCN 1C350.d, the inter alia, precursor chemicals Section 1758 (codified at 50 U.S.C. following table lists each chemical now controlled by ECCN 1C350), ECCN 4817), identified these items as found in ECCN 1C350.d, as well as the 1E350 (‘‘technology’’ for chemical emerging technologies that are essential previous ECCN 1C350.d listing (if any) production facilities) or ECCN 1E351 to U.S. national security and for which for these chemicals. Previous CCL Current CCL AG-controlled precursor chemicals designation designation (C.A.S. #1341–49–7) Ammonium hydrogen fluoride ................................................................... ECCN 1C350.d.1 ........ ECCN 1C350.d.1. (C.A.S. #107–07–3) 2-Chloroethanol ........................................................................................... ECCN 1C350.d.2 ........ ECCN 1C350.d.2. (C.A.S. #109–89–7) Diethylamine ...............................................................................................