Federal Register/Vol. 85, No. 231/Tuesday, December 1, 2020
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 77155 Third, that, after notice and This Order is effective immediately entity submitting the comments as the opportunity for comment as provided in and shall remain in effect for 180 days. name of their files, in accordance with the instructions below. Parties section 766.23 of the EAR, any other P. Lee Smith, person, firm, corporation, or business submitting business confidential Performing the Non-exclusive Functions and information should clearly identify the organization related to a Denied Person Duties, of the Assistant Secretary of by ownership, control, position of Commerce for Export Enforcement. business confidential portion at the time responsibility, affiliation in the conduct of submission, file a statement justifying [FR Doc. 2020–26434 Filed 11–30–20; 8:45 am] nondisclosure and referring to the of trade or business may also be made BILLING CODE 3510–DT–P subject to the provisions of this Order. specific legal authority claimed, and also provide a non-confidential Fourth, that this Order does not DEPARTMENT OF COMMERCE submission. prohibit any export, reexport, or other For comments submitted transaction subject to the EAR where the Bureau of Industry and Security electronically containing business only items involved that are subject to confidential information, the file name the EAR are the foreign-produced direct [Docket No. 201118–0304] of the business confidential version product of U.S.-origin technology. RIN 0694–XC070 should begin with the characters ‘‘BC.’’ In accordance with the provisions of Any page containing business Sections 766.24(e) of the EAR, Mahan Impact of the Implementation of the confidential information must be clearly Airways, Al Naser Airlines, Ali Chemical Weapons Convention (CWC) marked ‘‘BUSINESS CONFIDENTIAL’’ Abdullah Alhay, and/or Bahar Safwa on Legitimate Commercial Chemical, on the top of that page. The Biotechnology, and Pharmaceutical General Trading may, at any time, corresponding non-confidential version Activities Involving ‘‘Schedule 1’’ appeal this Order by filing a full written of those comments must be clearly Chemicals (Including ‘‘Schedule 1’’ marked ‘‘PUBLIC.’’ The file name of the statement in support of the appeal with Chemicals Produced as Intermediates) non-confidential version should begin the Office of the Administrative Law During Calendar Year 2020 with the character ‘‘P.’’ The ‘‘BC’’ and Judge, U.S. Coast Guard ALJ Docketing ‘‘P’’ should be followed by the name of AGENCY: Bureau of Industry and Center, 40 South Gay Street, Baltimore, the person or entity submitting the Security, Commerce. Maryland 21202–4022. In accordance comments or rebuttal comments. Any with the provisions of Sections ACTION: Notice of inquiry. submissions with file names that do not 766.23(c)(2) and 766.24(e)(3) of the EAR, SUMMARY: The Bureau of Industry and begin with a ‘‘P’’ or ‘‘BC’’ will be Pejman Mahmood Kosarayanifard, Security is seeking public comments on assumed to be public and will be made Mahmoud Amini, Kerman Aviation, the impact that implementation of the publicly available through http:// Sirjanco Trading LLC, Mahan Air Chemical Weapons Convention, through www.regulations.gov. General Trading LLC, Mehdi Bahrami, the Chemical Weapons Convention FOR FURTHER INFORMATION CONTACT: For Sky Blue Bird Group, and/or Issam Implementation Act of 1998 and the questions on the Chemical Weapons Shammout may, at any time, appeal Chemical Weapons Convention Convention requirements for ‘‘Schedule their inclusion as a related person by Regulations, has had on commercial 1’’ chemicals, contact Douglas Brown, filing a full written statement in support activities involving ‘‘Schedule 1’’ Treaty Compliance Division, Office of of the appeal with the Office of the chemicals during calendar year 2020. Nonproliferation and Treaty Administrative Law Judge, U.S. Coast The purpose of this notice of inquiry is Compliance, Bureau of Industry and Guard ALJ Docketing Center, 40 South to collect information to assist BIS in its Security, U.S. Department of Commerce, Gay Street, Baltimore, Maryland 21202– preparation of the annual certification to Email: [email protected]. For 4022. the Congress on whether the legitimate questions on the submission of In accordance with the provisions of commercial activities and interests of comments, contact Willard Fisher, Section 766.24(d) of the EAR, BIS may chemical, biotechnology, and Regulatory Policy Division, Office of seek renewal of this Order by filing a pharmaceutical firms are harmed by Exporter Services, Bureau of Industry written request not later than 20 days such implementation. This certification and Security, U.S. Department of is required under Condition 9 of Senate before the expiration date. A renewal Commerce, Email: [email protected]. Resolution 75 (April 24, 1997), in which request may be opposed by Mahan SUPPLEMENTARY INFORMATION: the Senate gave its advice and consent Airways, Al Naser Airlines, Ali to the ratification of the CWC. Background Abdullah Alhay, and/or Bahar Safwa DATES: Comments must be received by In providing its advice and consent to General Trading as provided in Section December 31, 2020. the ratification of the Convention on the 766.24(d), by filing a written submission ADDRESSES: You may submit comments Prohibition of the Development, with the Assistant Secretary of by any of the following methods (please Production, Stockpiling, and Use of Commerce for Export Enforcement, refer to RIN 0694–XC070 in all Chemical Weapons and Their which must be received not later than comments and in the subject line of Destruction, commonly called the seven days before the expiration date of email comments): Chemical Weapons Convention (CWC or the Order. • Federal rulemaking portal (http:// ‘‘the Convention’’), the Senate included, A copy of this Order shall be provided www.regulations.gov). You can find this in Senate Resolution 75 (S. Res. 75, to Mahan Airways, Al Naser Airlines, notice by searching under its April 24, 1997), several conditions to its Ali Abdullah Alhay, and Bahar Safwa regulations.gov docket number, which is ratification. Condition 9, titled General Trading and each related BIS–2020–0039; ‘‘Protection of Advanced • person, and shall be published in the Email: PublicComments@ Biotechnology,’’ calls for the President Federal Register. bis.doc.gov. Include RIN 0694–XC070 in to certify to Congress on an annual basis the subject line of the message. that ‘‘the legitimate commercial All filers using the portal or email activities and interests of chemical, should use the name of the person or biotechnology, and pharmaceutical VerDate Sep<11>2014 18:11 Nov 30, 2020 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1 khammond on DSKJM1Z7X2PROD with NOTICES4 77156 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices firms in the United States are not being Department of Defense (DOD) was Convention (15 CFR 712.6, 742.18(a)(1) significantly harmed by the limitations assigned the responsibility to operate and 745.1); and of the Convention on access to, and these two facilities. DOD maintains (7) Prohibit the export of ‘‘Schedule production of, those chemicals and strict controls on ‘‘Schedule 1’’ 1’’ chemicals to States not Party to the toxins listed in Schedule 1.’’ On July 8, chemicals produced at its facilities in Convention (15 CFR 742.18(a)(1) and 2004, President Bush, by Executive order to ensure accountability for such (b)(1)(ii)). Order 13346, delegated his authority to chemicals, as well as their proper use, make the annual certification to the consistent with the object and purpose For purposes of the CWCR (see 15 Secretary of Commerce. of the Convention. Although this CFR 710.1), ‘‘production of a Schedule The CWC is an international arms assignment of responsibility to DOD 1 chemical’’ means the formation of control treaty that contains certain under PDD–70 effectively precluded ‘‘Schedule 1’’ chemicals through verification provisions. In order to commercial production of ‘‘Schedule 1’’ chemical synthesis, as well as implement these verification provisions, chemicals for ‘‘protective purposes’’ in processing to extract and isolate the CWC established the Organization the United States, it did not establish ‘‘Schedule 1’’ chemicals. The phrase for the Prohibition of Chemical any limitations on ‘‘Schedule 1’’ ‘‘production of a schedule 1 chemical’’ Weapons (OPCW). In order to achieve chemical activities that are not includes, in its meaning, the formation the object and purpose of the prohibited by the CWC. of a chemical through chemical Convention and the implementation of The provisions of the CWC that affect reaction, including by a biochemical or its provisions, the CWC imposes certain commercial activities involving biologically mediated reaction. obligations on countries that have ‘‘Schedule 1’’ chemicals are ‘‘Production of a Schedule 1 chemical’’ ratified the Convention (i.e., States implemented in the CWCR (see 15 CFR Parties), among which are the enactment part 712) and in the Export is understood, for CWCR declaration of legislation to prohibit the production, Administration Regulations (EAR) (see purposes, to include intermediates, by- storage, and use of chemical weapons 15 CFR 742.18 and 15 CFR part 745), products, or waste products that are and the establishment of a National both of which are administered by the produced and consumed within a Authority to serve as the national