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Home , Ammonium dinitramide, Benzyl bromide, Ethyl iodoacetate, Hydrazine nitrate

Federal Register / Vol. 67, No. 229 / Wednesday, November 27, 2002 / Rules and Regulations 70839

provisions of the Regulatory Flexibility § 303.7 Generic names and definitions for b. In the entry for AM1, remove Act relating to an initial regulatory manufactured fibers. ‘‘584(b)(2)(C)’’ and add ‘‘584(b)(1)(C)’’ in analysis, 5 U.S.C. 603–604, did not * * * * * its place. apply to the proposal because the (c) * * * Dated: November 19, 2002. Where the fiber is formed by the amendments, if promulgated, would not Timothy Egert, have a significant economic impact on interaction of two or more chemically Federal Register Liaison, Department of State. a substantial number of small entities. distinct polymers (of which none The Commission believed that the exceeds 85% by weight), and contains [FR Doc. 02–29763 Filed 11–26–02; 8:45 am] proposed amendments would impose ester groups as the dominant functional BILLING CODE 4710–06–P no additional obligations, penalties, or unit (at least 85% by weight of the total costs. The amendments simply would polymer content of the fiber), and DEPARTMENT OF STATE allow covered companies to use a new which, if stretched at least 100%, generic name as an alternative to an durably and rapidly reverts 22 CFR Part 121 existing generic name for that defined substantially to its unstretched length when the tension is removed, the term subclass of fiber, and would impose no [Public Notice 4209] additional labeling requirements. To elasterell-p may be used as a generic ensure, however, that no substantial description of the fiber. RIN AB–60 economic impact was overlooked, the * * * * * Commission solicited public comment By direction of the Commission. Amendment to the International Traffic in the NPR on the effects of the Donald S. Clark, in Arms Regulations, United States proposed amendments on costs, profits, Munitions List competitiveness of, and employment in Secretary. small entities. 67 FR 7104, at 7109 (Feb. [FR Doc. 02–30085 Filed 11–26–02; 8:45 am] AGENCY: Department of State. 15, 2002). BILLING CODE 6750–01–P ACTION: Final rule. No comments were received on this SUMMARY: The Department of State is issue. Accordingly, the Commission DEPARTMENT OF STATE revising Category V—, hereby certifies, pursuant to the Propellants, Incendiary Agents, and Regulatory Flexibility Act, 5 U.S.C. 22 CFR Part 42 Their Constituents and Category XIV— 605(b), that the amendments Toxicological Agents and Equipment promulgated today will not have a [Public Notice 4185] and Radiological Equipment, of the U.S. significant economic impact on a Munitions List (USML). Amendments substantial number of small entities. Documentation of Immigrants—Visa Classification Symbols; Correction are made to the titles of both categories V. Paperwork Reduction Act to better reflect the items included in AGENCY: Department of State. the category and to move the texts of the These amendments do not constitute ACTION: Correction of final rule. definitional and interpretive provisions ‘‘collection[s] of information’’ under the to the appropriate category. Also, to SUMMARY: This document makes Paperwork Reduction Act of 1995, Pub. assist exporters, Category V and XIV are corrections to the final rule published L. 104–13, 109 Stat. 163, 44 U.S.C. reformatted to identify the items by on August 29, 2002 (67 FR 55319). The chapter 35 (as amended), and its their predominant use. Exporters are regulation made changes to the implementing regulations, 5 CFR 1320 also being provided Chemical Abstract Department’s table of immigrant visa et seq. Those procedures for establishing Service (CAS) numbers and Chemical classification symbols. generic names that do constitute Weapons Convention (CWC) references. collections of information, 16 CFR EFFECTIVE DATE: This rule is effective In addition to reformatting and changes 303.8, have been submitted to OMB, November 27, 2002. in the language for clarification, which has approved them and assigned FOR FURTHER INFORMATION CONTACT: Pam Category XIV and Category V are revised them control number 3084–0101. Chavez, Legislation and Regulations to move from the USML to the Division, 202–663–1206. List of Subjects in 16 CFR Part 303 jurisdiction of the Department of SUPPLEMENTARY INFORMATION: The Commerce several items that have been Labeling, Textile, Trade Practices. Department of State published a final identified as having predominantly rule (Public Notice 4092) in the Federal commercial application and no VI. Text of Amendments Register of August 9, 2002, (67 FR significant military applicability. The 55319) amending § 42.11 by items so transferred in Category XIV are For reasons set forth in the preamble, inadvertently substituting the word fluorine, liquid pepper and 16 CFR part 303 is amended as follows: ‘‘child’’ for ‘‘orphan.’’ in the definition . The items so transferred in PART 303—RULES AND of the IR4 category on the visa Category V are nitroguanidine (NG), REGULATIONS UNDER THE TEXTILE classification table. This correction guanidine nitrate, compounds FIBER PRODUCTS IDENTIFICATION removes that amendment published on composed of fluorine and one or more ACT August 9, 2002, and revises the AM1 of the following: Other halogens, category under the heading ‘‘Section of , , and propyleneimide 1. The authority citation for part 303 law’’ to read ‘‘584(b)(1)(C),’’ not 2-methylaziridine, unless the articles continues to read as follows: ‘‘584(b)(2)(C).’’ are compounded or mixed with any item controlled by the USML. Authority: Sec. 7(c) of the Textile Fiber In rule FR Doc. 02–20090 published Products Identification Act (15 U.S.C. 70e(c)). on August 29, 2002 (67 FR 55319), make EFFECTIVE DATE: November 27, 2002. the following correction. On page FOR FURTHER INFORMATION CONTACT: Mr. 2. In § 303.7, paragraph (c) is 55320, in the table to § 42.11: Stephen J. Tomchik, Office of Defense amended by adding a sentence at the a. In the entry for IR4, remove ‘‘Child’’ Trade Controls, Department of State, end, to read as follows: and add ‘‘Orphan’’ in its place; and Telephone (202) 663–2799 or FAX (202)

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261–8199. ATTN: Regulatory Change, for the dissemination, detection, pepper (e.g., derived from cayenne USML Part 121, Category V and XIV. identification and defense of the articles pepper and used by both for law SUPPLEMENTARY INFORMATION: This in this category is moved to paragraph enforcement and in commercially notice of rulemaking provides the (f) and paragraph (k). Paragraph (c) now available sprays for personal results of a review, by the Department covers chemical agent binary precursors protection), and chloropicrin (e.g., used of State in consultation with the and key precursors. Paragraph (f), in commercial fumigants and soil Departments of Defense and Commerce, currently covering technical data, is insecticides, and as a disinfectant for of Category V and XIV of the U.S. revised re-designate paragraph (f) as cereals and grains). In accordance with Munitions List. To better reflect the Significant Military Equipment (SME) the requirements of Section 38(f) of the items included in each category, the and to cover items currently in Category Arms Export Control Act (AECA), this titles are amended. To assist the X(c) of the USML. Category XIV, removal has been notified to the exporter, the definitional and paragraph (f) now includes equipment Congress, and the Commerce Control interpretive provisions from § 121.12 and its components, parts, accessories, List (CCL) controls identified are: (1) For and § 121.13 are moved to Category V, and attachments specifically designed propyleneimide 2-methulaziridine and those from § 121.7 to Category XIV, and or modified for military operations and compounds composed of fluorine and the numbered sections are captioned compatibility with military equipment one or more of the following: Other ‘‘Reserved’’. Also to assist the exporter, (e.g., the dissemination, dispersion, halogens, oxygen, and nitrogen—ECCN Chemical Abstract Service (CAS) testing, detection, identification, 1C018; (2) nitroguanidine (NG) and numbers and Chemical Weapons warning, monitoring, sample collection guanidine nitrate—ECCN 1C011, (3) for Convention (CWC) references are being and processing; and individual chloropicrin—ECCN 1C355, (4) for provided. Exporters are advised that the protection of the chemical and liquid pepper—ECCN 1A984, and for CAS numbers do not cover all the biological agents listed in paragraphs (a) fluorine—ECCN EAR99. substances and mixtures controlled by and (b) of the category). This includes military protective clothing and masks, Finally, Category X, Protective the categories and CWC numbers are Personnel Equipment, is amended to provided only when deemed but not those items designed for domestic preparedness (e.g., civil delete the current paragraph (c) and appropriate. defense), collective protection, and renumber the paragraphs since In addition to amending the title and decontamination or remediation. These protective apparel and equipment adding CAS numbers, the coverage of movements resulted in the technical specifically designed or modified for Category V, paragraph (c) is amended to data currently in paragraph (f) being use with toxicological agents and add (c)(4) to cover, in addition to fuels moved to a new paragraph (l). The equipment is now covered by paragraph for category VIII, fuels for the items in components, parts, accessories, (f) of Category XIV. Category IV and VI. The fuels for attachments and associated equipment category IV and VI articles are currently This amendment involves a foreign for the items in category XIV, currently controlled by the components, parts and affairs function of the United States and, in paragraph (e), are moved to a new accessories paragraph in each of the therefore, is not subject to the paragraph (k), and paragraph (e) now procedures required by 5 U.S.C. 553 and categories. A new paragraph (c)(7) has covers defoliants. The coverage of been added to category V to clarify 554. It is exempt from review under defoliants is expanded to include Agent Executive Order 12866, but has been control of pyrotechnics that currently Orange. are covered by Category (V), paragraph reviewed internally by the Department The remaining new paragraphs (e.g. of State to ensure consistency with the (d). The language in section 121.13 is (d), (g), (h), (i), (j), (k), and (m)) added removed and the section ‘‘reserved’’, purposes thereof. This rule does not to Category XIV are for clarification, require analysis under the Regulatory and the language in section 121.13 is specific identification and movement of now in Category V, paragraphs (c)(4) Flexibility Act or the Unfunded the articles currently covered in the Mandates Reform Act. It has been found and (c)(9). The fuel thickeners currently category, and for transfer of the language in Category V, paragraph (b) are moved not to be a major rule within the in section 121.7. meaning of the Small Business to paragraph (c) resulting in propellants In addition to the above amendments, Regulatory Enforcement Act of 1966. It in paragraph (c) being moved to four explosives and three chemicals will not have substantial direct effects paragraph (b). The compounds currently were identified as having predominant on the States, the relationship between in Category V, paragraph (e) are moved civil use warranting their removal from the National Government and the States, to the relevant paragraph in the category the USML and transfer to the Commerce or on the distribution of power and in which the article is covered (e.g., Control List. In Category V, the items binders, additives, etc.) and the and examples of their commercial use responsibilities among the various technical data and services currently in are: Nitroguanidine (NG) (e.g., used in levels of government. Therefore, in paragraph (f) are moved to a new pet insecticides), guanidine nitrate (e.g., accordance with section 6 of Executive paragraph (h). used in disinfectants and photographic Order 13132, it is determined that this The amendments in Category XIV, in chemicals), propyleneimide 2- rule does not have sufficient federalism addition to changing the title and methulaziridine (e.g., used by paint and implications to warrant application of adding CAS numbers and CWC pharmaceutical manufacturers), and Executive Orders Nos. 12372 and 13123. references, include the transfer to compounds composed of fluorine and However, affected U.S. persons are Category XVI of nuclear radiation one or more of the following: Other invited to submit written comments to detection and measuring devices halogens, oxygen, nitrogen (e.g., used in the Department of State, Office of currently in paragraph (d) of Category freon). In Category XIV, the items and Defense Trade Controls, ATTN: Stephen XIV. The inclusion of this coverage in examples of their commercial use are: Tomchik, Regulatory Change, USML Category XVI will be published in the Fluorine (e.g., used in production of Categories V and XIV, 12th Floor, SA– results of the review of the entire metallic and other fluoride and 1, Washington, DC 20522–0112. category XVI. Paragraph (d) now fluorocarbons, and as an active List of Subjects in 22 CFR Part 121 controls tear gases and constituent of fluoridating compounds agents. The equipment in paragraph (c) used in water and toothpaste), liquid Arms and munitions, Exports.

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Accordingly, for the reasons set forth tetrazine; 1,3,5,7-tetranitro-1,3,5,7- (i) DNAM (2-oxy-4,6-dinitroamino-s- above, Title 22, Chapter I, Subchapter tetraza-cyclooctane; octogen, octogene) triazine) (CAS 19899–80–0); M, Part 121 is amended as follows: (CAS 2691–41–0); (ii) NNHT (2-nitroimino-5-nitro- (ii) Diflouroaminated analogs of HMX; hexahydro-1,3,5 triazine) (CAS 130400– PART 121—THE UNITED STATES (iii) K–55 (2,4,6,8-tetranitro-2,4,6,8- 13–4); MUNITIONS LIST tetraazabicyclo [3,3,0]-octanone-3, (31) Triazoles, as follows: (i) 5-azido-2-nitratriazole; 1. The authority citation for Part 121 tetranitrosemiglycouril, or keto-bicyclic (ii) ADHTDN (4-amino-3,5- continues to read as follows: HMX) (CAS 130256-72–3); (13) HNAD (hexanitroadamantane) hihydrazino-1,2,4-triazole dinitramide) Authority: Sec. 2, 38, and 71, Pub. L. 90– (CAS 143850–71–9); (CAS 1614–08–0); 629, 90 Stat. 744 (22 U.S.C. 2752, 2278, (14) HNS (hexanitrostilbene) (CAS (iii) ADNT (1-amino-3,5-dinitro-1,2,4- 2797); E.O. 11958, 42 FR 4311; 3 CFR 1977 20062–22–0); triazole); Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105– (15) Imidazoles, as follows: (iv) BDTNTA ([Bis- 261, 112 Stat. 1920. (i) BNNI (Octohydro-2,5- dinitrotriazole]amine); 2. In § 121.1, Category V—Explosives, bis(nitroimino) imidazo [4,5- (v) DBT (3,3’-dinitro-5,5-bi-1,2,4- Propellants, Incendiary Agents, and d]Imidazole); triazole) (CAS 30003–46–4); Their Constituents, paragraphs (c) and (ii) DNI (2,4-dinitroimidazole) (CAS (vi) DNBT (dinitrobistriazole) (CAS (d) of Category X—Protective Personnel 5213–49–0); 70890–46–9); Equipment, and Category XIV— (iii) FDIA (1-fluoro-2,4- (vii) NTDNA (2-nitrotriazole 5- Toxicological Agents and Equipment dinitroimidazole); dinitramide); and Radiological Equipment are revised (iv) NTDNIA (N-(2-nitrotriazolo)-2,4- (viii) NTDNT (1-N-(2-nitrotriazolo) to read as follows: dinitro-imidazole); 3,5-dinitro-triazole); (v) PTIA (1-picryl-2,4,5- (ix) PDNT (1-picryl-3,5- § 121.1 General. The United States trinitroimidazole); dinitrotriazole); Munitions List. (16) NTNMH (1-(2-nitrotriazolo)-2- (x) TACOT * * * * * dinitromethylene ); (tetranitrobenzotriazolobenzotriazole) (17) NTO (ONTA or 3-nitro-1,2,4- (CAS 25243–36–1); Category V—Explosives and Energetic (32) Any not listed Materials, Propellants, Incendiary triazol-5-one) (CAS 932–64–9); (18) Polynitrocubanes with more than elsewhere in paragraph (a) of this Agents and Their Constituents four nitro groups; category with a detonation velocity *(a) Explosives, and mixtures thereof: (19) PYX (2,6-Bis(picrylamino)-3,5- exceeding 8,700m/s at maximum (1) ADNBF (aminodinitrobenzofuroxan dinitropyridine) (CAS 38082–89–2); density or a detonation pressure or 7-Amino 4,6-dinitrobenzofurazanr-1- (20) RDX and derivatives: exceeding 34 Gpa (340 kbar). oxide) (CAS 97096–78–1); (i) RDX (33) Other organic explosives not (2) BNCP (cis-bis (5-nitrotetrazolato) (cyclotrimethylentrinitramine), listed elsewhere in paragraph (a) of this tetra amine-cobalt (III) ); cyclonite, T4, hexahydro-1,3,5-trinitro- category yielding detonation pressures (3) CL–14 (diamino 1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza- of 25 Gpa (250 kbar) or more that will dinitrobenzofuroxan or 5,7-diamino-4,6- cyclohexane, hexogen, or hexogene) remain stable at temperatures of 523K dinitrobenzofurazane-1-oxide) (CAS (CAS 121–84–4); (250oC) or higher for periods of 5 117907–74–1); (ii) Keto-RDX (K–6 or 2,4,6-trinitro- minutes or longer; (4) CL–20 (HNIW or 2,4,6-triazacyclohexanone (CAS (34) Diaminotrinitrobenzene (DATB); Hexanitrohexaazaisowurtzitane); (CAS 115029–35–1); (35) Any other explosive not 135285–90-4); chlathrates of CL–20 (see (21) TAGN elsewhere identified in this category paragraphs (g)(3) and (4) of this (Triaminoguanidinenitrate) (CAS 4000– specifically designed, modified, category); 16–2); adapted, or configured (e.g. formulated) (5) CP (2-(5-cyanotetrozolato) penta (22) TATB (Triaminotrinitrobenzene) for military application. aminecobalt (III) perchlorate); (CAS (CAS 3058–38–6) (see paragraph (g)(7) * (b) Propellants: 70247–32–4); of this category); (1) Any United Nations (UN) Class 1.1 (6) DADE (1,1-diamino-2,2- (23) TEDDZ (3,3,7,7- solid propellant with a theoretical dinitroethylene, FOX7); tetrabis(difluoroamine) octahydro-1,5- specific impulse (under standard (7) DDFP (1,4- dinitro-1,5-diazocine; conditions) of more than 250 seconds dinitrodifurazanopiperazine); (24) Tetrazoles, as follows: for non-metallized, or 270 seconds for (8) DDPO (2,6-diamino-3,5- (i) NTAT (nitrotriazol aminotetrazole); metallized compositions; dinitropyrazine-1-oxide, PZO); (CAS (ii) NTNT (1-N-(2-nitrotriazolo)-4- (2) Any UN Class 1.3 solid propellant 194486–77–6); nitrotrazole); with a theoretical specific impulse (9) DIPAM (3,3′-Diamino-2,2′,4,4′,6,6′- (25) Tetryl (under standard conditions) of more hexanitrobiphenyl or dipicrimide) (CAS (trinitrophenylmethylnitramine) (CAS than 230 seconds for non-halogenized, 17215–44–0); 479–45–8); or 250 seconds for non-metallized (10) DNGU (DINGU or (26) TNAD (1,4,5,8-tetranitro-1,4,5,8- compositions; dinitroglycoluril) (CAS 55510–04–8); tetraazadecalin) (CAS 135877-16–6)(see (3) Propellants having a force constant (11) Furazans, as follows: paragraph (g)(6) of this category); of more than 1,200 kJ/Kg; (i) DAAOF (diaminoazoxyfurazan); (27) TNAZ (1,1,3-trinitroazetidine) (4) Propellants that can sustain a (ii) DAAzF (diaminoazofurazan) (CAS (CAS 97645–24–4) (see paragraph (g)(2) steady-state burning rate more than 78644–90–3); of this category); 38mm/s under standard conditions (as (12) HMX and derivatives (see (28) TNGU (SORGUYL or measured in the form of an inhibited paragraph (g)(5) of this category): tetranitroglycoluril) (CAS 55510–03–7); single strand) of 6.89 Mpa (68.9 bar) (i) HMX (29) TNP (1,4,5,8-tetranitropyridazine pressure and 294K (210 C); (Cyclotetramethylenetetranitramine; (CAS 229176–04–9); (5) Elastomer modified cast double octahydro-1,3,5,7-tetranitro-1,3,5,7- (30) Triazines, as follows: based propellants with extensibility at

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maximum stress greater than 5% at 233 (8) Titanium subhydride (TiHn) of value of less than 0.77 meq/g, and a K (¥40C); stoichiometry equivalent to n = 0.65– viscosity at 30° C of less than 47 poise (6) Any propellant containing 1.68; (CAS 69102–90–5); substances listed in Category V; (9) Military materials containing (8) NENAS (nitratoethylnitramine (7) Any other propellant not thickeners for hydrocarbon fuels compounds) (CAS 17096–47–8, 85068- elsewhere identified in this category specially formulated for use in flame 73–1 and 82486–82–6); specifically designed, modified, throwers or incendiary munitions; metal (9) Poly-NIMMO adapted, or configured (e.g., formulated) stearates or palmates (also known s (nitratomethylmethyloxetane (poly [3- for military application. octol); and M1, M2 and M3 thickeners; nitratomethyl, 3-methyl oxetane] or (c) Pyrotechnics, fuels and related (10) Any other pyrotechnic, fuel and (NMMO)) (CAS 84051–81–0); substances, and mixtures thereof: related substance and mixture thereof (10) Energetic monomers, plasticizers (1) Alane (aluminum hydride)(CAS not elsewhere identified in this category and polymers containing nitro, azido 7784–21–6); specifically designed, modified, nitrate, nitraza or difluoromaino groups (2) Carboranes; decaborane (CAS adapted, or configured (e.g., formulated) specially formulated for military use; 17702–41–9); pentaborane and for military application. (11) TVOPA 1,2,3-Tris [1,2- derivatives thereof; (d) Oxidizers, to include: bis(difluoroamino) ethoxy]propane; tris (3) Hydrazine and derivatives: (1) ADN ( dinitramide or vinoxy propane adduct; (i) Hydrazine (CAS 302–01–2) in SR–12) (CAS 140456–78–6); (12) Polynitrorthocarbonates; concentrations of 70% or more (not (2) AP () (CAS (13) FPF–1 poly-2,2,3,3,4,4-hexafluoro hydrazine mixtures specially formulated 7790–98–9); pentane-1,5-diolformal; for corrosion control); (3) BDNPN (bis,2,2- (14) FPF–3 poly-2,4,4,5,5,6,6- (ii) Monomethyl hydrazine (CAS 60– dinitropropylnitrate) (CAS 28464–24–6); heptafluoro-2-trifluoromethyl-3- 34–4); (4) DNAD (1,3-dinitro-1,3-diazetidine) oxaheptane-1,7-dioformal; (iii) Symmetrical dimethyl hydrazine (CAS 78246–06–7); (15) PGN (Polyglycidylnitrate or (CAS 540–73–8); (5) HAN () poly(nitratomethyl oxirane); poly- (iv) Unsymmetrical dimethyl (CAS 13465–08–2); GLYN); hydrazine (CAS 57–14–7); (6) HAP (hydroxylammonium (16) N-methyl-p-nitroaniline; (4) Liquid fuels specifically perchlorate) (CAS 15588–62–2); (17) Low (less than 10,000) molecular formulated for use by articles covered (7) HNF (Hydrazinium nitroformate) weight, -functionalized, by Categories IV, VI, and VIII; (CAS 20773–28–8); poly(epichlorohydrin); (5) Spherical aluminum powder (CAS (8) Hydrazine nitrate (CAS 37836–27– poly(epichlorohydrindiol); and triol; 7429–90–5) in particle sizes of 60 4); (18) Bis(2,2-dinitropropyl) formal and micrometers or less manufactured from (9) Hydrazine perchlorate (CAS acetal; material with an aluminum content of 27978–54–7); (19) Any other binder and mixture 99% or more; (10) Liquid oxidizers comprised of or thereof not elsewhere identified in this (6) Metal fuels in particle form containing inhibited red fuming nitric category specifically designed, whether spherical, atomized, acid (IRFNA) (CAS 8007–58–7) or modified, adapted, or configured (e.g. spheroidal, flaked or ground, oxygen diflouride; formulated) for military application. manufactured from material consisting (11) , chlorates, and (f) Additives: of 99% or more of any of the following: chromates composited with powdered (1) Basic copper salicylate (CAS (i) Metals and mixtures thereof: metal or other high energy fuel 62320–94–9); (A) Beryllium (CAS 7440–41–7) in components controlled by this category; (2) BHEGA (Bis-(2- particle sizes of less than 60 (12) Any other oxidizer not elsewhere hydroxyethyl)glycolamide) (CAS micrometers; identified in this category specifically 17409–41–5); (B) Iron powder (CAS 7439–89–6) designed, modified, adapted, or (3) Ferrocene Derivatives: with particle size of 3 micrometers or configured (e.g., formulated) for military (i) Butacene (CAS 125856–62–4); less produced by reduction of iron oxide application. (ii) Catocene (2,2-Bis-ethylferrocenyl with ; * (e) Binders, and mixtures thereof: propane) (CAS 37206–42–1); (ii) Mixtures, which contain any of (1) AMMO (iii) Ferrocene carboxylic acids; the following: (azidomethylmethyloxetane and its (iv) n-butyl-ferrocene (CAS 319904– (A) Boron (CAS 7440–42–8) or boron polymers) (CAS 90683–29–7) (see 29–7); carbide (CAS 12069–32–8) fuels of 85% paragraph (g)(1) of this category); (4) Lead beta-resorcylate (CAS 20936– purity or higher and particle sizes of (2) BAMO (bisazidomethyloxetane 32–7); less than 60 micrometers; and its polymers) (CAS 17607–204) (see (5) Lead citrate (CAS 14450–60–3); (B) Zirconium (CAS 7440–67–7), paragraph (g)(1) of this category); (6) Lead-copper chelates of beta- magnesium (CAS 7439–95–4) or alloys (3) BTTN (butanetrioltrinitrate) (CAS resorcylate or salicylates (CAS 68411– of these in particle sizes of less than 60 6659–60–5) (see paragraph (g)(8) of this 07–4); micrometers; category); (7) Lead maleate (CAS 19136–34–6); (iii) Explosives and fuels containing (4) FAMAO (3-difluoroaminomethyl- (8) Lead salicylate (CAS 15748–73–9); the metals or alloys listed in paragraphs 3-azidomethyl oxetane) and its (9) Lead stannate (CAS 12036–31–6); (c)(6)(i) and (c)(6)(ii) of this category polymers; (10) MAPO (tris-1-(2- whether or not the metals or alloys are (5) FEFO (bis-(2-fluoro-2,2- methyl)aziridinyl oxide) encapsulated in aluminum, magnesium, dinitroethyl)formal) (CAS 17003–79–1); (CAS 57–39–6); BOBBA–8 (bis(2-methyl zirconium, or beryllium; (6) GAP (glycidylazide polymer) (CAS aziridinyl) 2-(2-hydroxypropanoxy) (7) Pyrotechnics and pyrophoric 143178–24–9) and its derivatives; propylamino phosphine oxide); and materials specifically formulated for (7) HTPB (hydroxyl terminated other MAPO derivatives; military purposes to enhance or control polybutadiene) with a hydroxyl (11) Methyl BAPO (Bis(2-methyl the production of radiated energy in any functionality equal to or greater than 2.2 aziridinyl) methylamino phosphine part of the IR spectrum. and less than or equal to 2.4, a hydroxyl oxide) (CAS 85068–72–0);

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(12) 3-Nitraza-1,5 pentane (8) 1,2,4-trihydroxybutane (1,2,4- defined in § 120.9 of this subchapter) diisocyanate (CAS 7406–61–9); butanetriol) (CAS 3068–00–6) (see directly related to the defense articles (13) Organo-metallic coupling agents, paragraph (e)(5) of this category); enumerated in paragraphs (a) through specifically: (h) Technical data (as defined in (c) of this category. (i) Neopentyl[diallyl]oxy, tri [dioctyl] § 120.21 of this subchapter) and defense * * * * * phosphatotitanate (CAS 103850–22–2); services (as defined in § 120.8 of this also known as titanium IV, 2,2[bis 2- subchapter) directly related to the Category XIV—Toxicological Agents, propenolato-methyl, butanolato, tris defense articles numerated in Including Chemical Agents, Biological (dioctyl) phosphato] (CAS 110438–25– paragraphs (a) through (g) of this Agents, and Associated Equipment 0), or LICA 12 (CAS 103850–22–2); category. (See § 125.4 of this subchapter (ii) Titanium IV, [(2-propenolato-1) for exemptions.) Technical data directly * (a) Chemical agents, to include: methyl, n-propanolatomethyl] related to the manufacture or (1) Nerve agents: butanolato-1, production of any defense articles tris(dioctyl)pyrophosphate, or KR3538; enumerated elsewhere in this category (i) O-Alkyl (equal to or less than C10, (iii) Titanium IV, [2-propenolato- that are designated as Significant including cycloalkyl) alkyl (Methyl, 1)methyl, propanolatomethyl] Military Equipment (SME) shall itself be Ethyl, n-Propyl or butanolato-1, tris(dioctyl) phosphate; designated SME. Isopropyl)phosphonofluoridates, such (14) Polyfunctional aziridine amides (i) The following interpretations as: (GB): O-Isopropyl with isophthalic, trimesic (BITA or explain and amplify the terms used in methylphosphonofluoridate (CAS 107– butylene imine trimesamide), this category and elsewhere in this 44–8) (CWC Schedule 1A); and isoyanuric, or trimethyladipic backbone subchapter. (GD): O-Pinacolyl structures and 2-methyl or 2-ethyl (1) Category V contains explosives, methylphosphonofluoridate (CAS 96– substitutions on the aziridine ring and energetic materials, propellants and 64–0) (CWC Schedule 1A); its polymers; pyrotechnics and specially formulated (ii) O-Alkyl (equal to or less than C10, (15) Superfine iron oxide (Fe2O3 fuels for aircraft, missile and naval hematite) with a specific surface area including cycloalkyl) N,N-dialkyl applications. Explosives are solid, (Methyl, Ethyl, n-Propyl or more than 250 m 2/g and an average liquid or gaseous substances or mixtures µ Isopropyl)phosphoramidocyanidates, particle size of 0.003 m or less (CAS of substances, which, in their primary, such as: (GA): O-Ethyl N, N- 1309–37–1); booster or main charges in warheads, dimethylphosphoramidocyanidate (CAS (16) TEPAN demolition or other military 77–81–6) (CWC Schedule 1A); (tetraethylenepentaamineacrylonitrile) applications, are required to detonate. (CAS 68412–45–3); cyanoethylated (2) Paragraph (c)(6)(ii)(A) of this (iii) O-Alkyl (H or equal to or less polyamines and their salts; category does not control boron and than C10, including cycloalkyl) S–2- (17) TEPANOL (Tetraethylene boron carbide enriched with boron-10 dialkyl (Methyl, Ethyl, n-Propyl or pentamineacrylonitrileglycidol) (CAS (20% or more of total boron-10 content. Isopropyl)aminoethyl alkyl (Methyl, 110445–33–5); cyanoethylated (3) The resulting product of the Ethyl, n-Propyl or polyamines adducted with glycidol and combination of any controlled or non- Isopropyl)phosphonothiolates and their salts; controlled substance compounded or corresponding alkylated and protonated (18) TPB (triphenyl bismuth) (CAS mixed with any item controlled by this 603–33–8); salts, such as: VX: O-Ethyl S-2- subchapter is also subject to the controls diisopropylaminoethyl methyl (19) PCDE (Polycyanodifluoro of this category. aminoethyleneoxide); phosphonothiolate (CAS 50782–69–9) (20) BNO (Butadienenitrileoxide); Note 1: To assist the exporter, an item has (CWC Schedule 1A); (21) Any other additive not elsewhere been categorized by the most common use. (2) Amiton: O,O-Diethyl S- identified in this category specifically Also, a reference has been provided to the [2(diethylamino)ethyl] related controlled precursors (e.g., see designed, modified, adapted, or phosphorothiolate and corresponding configured (e.g., formulated) for military paragraph (a)(12) of this category). Regardless of where the item has been placed in the alkylated or protonated salts (CAS 78– application. category, all exports are subject to the 53–5) (CWC Schedule 2A); (g) Precursors, as follows: controls of this subchapter. (1) BCMO (bischloromethyloxetane) (3) Vesicant agents: (CAS 142173–26–0) (see paragraphs Note 2: Chemical Abstract Service (CAS) (i) Sulfur mustards, such as: 2- (e)(1) and (2) of this category); registry numbers do not cover all the Chloroethylchloromethylsulfide (CAS (2) Dinitroazetidine-t-butyl salt (CAS substances and mixtures controlled by this 2625–76–5) (CWC Schedule 1A); Bis(2- 125735–38–8) (see paragraph (a)(28) of category. The numbers are provided as examples to assist the government agencies chloroethyl)sulfide (CAS 505–60–2) this category); (CWC Schedule 1A); Bis(2- (3) HBIW in the license review process and the exporter when completing their license ch1oroethylthio)methane (CAS 63839– (hexabenzylhexaazaisowurtzitane) (CAS application and export documentation. 13–6) (CWC Schedule 1A); 1,2-bis (2- 124782–15–6) (see paragraph (a)(4) of chloroethylthio)ethane (CAS 3563–36– this category); * * * * * (4) TAIW (tetraacetyldibenzylhexa- 8) (CWC Schedule 1A); 1,3-bis (2- Category X—Protective Personnel azaisowurtzitane) (see paragraph (a)(4) ch1oroethylthio)-n-propane (CAS Equipment of this category); 63905–10–2) (CWC Schedule 1A); 1,4- (5) TAT (1,3,5,7-tetraacetyl-1,3,5,7- * * * * * bis (2-chloroethylthio)-n-butane (CWC tetraaza-cyclooctane) (CAS 41378–98–7) (c) Components, parts, accessories, Schedule 1A); 1,5-bis (2- (see paragraph (a)(13) of this category); attachments, and associated equipment chloroethylthio)-n-pentane (CWC (6) Tetraazadecalin (CAS 5409–42–7) specifically designed or modified for Schedule 1A); Bis (2- (see paragraph (a)(27) of this category); use with the articles in paragraphs (a) chloroethylthiomethyl)ether (CWC (7) 1,3,5-trichorobenzene (CAS 108– and (b) of this category. Schedule 1A); Bis (2- 70–3) (see paragraph (a)(23) of this (d) Technical data (as defined in chloroethylthioethyl)ether (CAS 63918– category); § 120.10) and defense services (as 89–8) (CWC Schedule 1A);

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(ii) Lewisites, such as: 2- (6) Dibromodimethyl ether (CAS category; atropine auto injectors chlorovinyldichloroarsine (CAS 541– 4497–29–4) ; specifically designed to counter nerve 25–3) (CWC Schedule 1A); Tris (2- (7) Dichlorodimethyl ether (ClCi) agent poisoning. chlorovinyl) (CAS 40334–70–1) (CAS 542–88–1); (i) Modeling or simulation tools (CWC Schedule 1A); Bis (2-chlorovinyl) (8) Ethyldibromoarsine (CAS 683–43– specifically designed or modified for chloroarsine (CAS 40334–69–8) (CWC 2); chemical or biological weapons design, Schedule 1A); (9) Bromo acetone; development or employment. The (iii) Nitrogen mustards, such as: HN1: (10) Bromo methylethylketone; concept of modeling and simulation bis (2-chloroethyl) ethylamine (CAS (11) Iodo acetone; includes software covered by paragraph 538–07–8) (CWC Schedule 1A); HN2: (12) Phenylcarbylamine chloride; (m) of this category specifically bis (2-chloroethyl) methylamine (CAS (13) ; designed to reveal susceptibility or 51–75–2) (CWC Schedule 1A); HN3: tris (e) Defoliants, as follows: vulnerability to biological agents or (2-chloroethyl)amine (CAS 555–77–1) (1) Agent Orange (2,4,5– materials listed in paragraph (b) of this (CWC Schedule 1A); Trichlorophenoxyacetic acid mixed category. (iv) (ED); with 2,4-dichlorophenoxyacetic acid); (j) Test facilities specifically designed (v) (MD); (2) LNF (Butyl 2-chloro-4- or modified for the certification and (4) Incapacitating agents, such as: fluorophenoxyacetate) qualification of articles controlled in (i) 3-Quinuclindinyl benzilate (BZ) *(f) Equipment and its components, paragraph (f) of this category. (CAS 6581–06–2) (CWC Schedule 2A); parts, accessories, and attachments (k) Equipment, components, parts, (ii) Diphenylchloroarsine (DA) (CAS specifically designed or modified for accessories, and attachments, exclusive 712–48–1); military operations and compatibility of incinerators (including those which (iii) (DC); with military equipment as follows: have specially designed waste supply * (b) Biological agents and biologically (1) The dissemination, dispersion or systems and special handling facilities), derived substances specifically testing of the chemical agents and specifically designed or modified for developed, configured, adapted, or biological agents listed in paragraph (a) destruction of the chemical agents in modified for the purpose of increasing and (b) of this category; paragraph (a) or the biological agents in their capability to produce casualties in (2) The detection, identification, paragraph (b) of this category. This humans or livestock, degrade equipment warning or monitoring of the chemical destruction equipment includes or damage crops. agents and biological agents listed in facilities specifically designed or * (c) Chemical agent binary precursors paragraph (a) and (b) of this category; modified for destruction operations. and key precursors, as follows: (3) Sample collection and processing (l) Tooling and equipment specifically (1) Alkyl (Methyl, Ethyl, n-Propyl or of the chemical agents and biological designed or modified for the production Isopropyl) phosphonyl diflourides, such agents listed in paragraph (a) and (b) of of articles controlled by paragraph (f) of as: DF: Methyl Phosphonyldifluoride this category; this category. (CAS 676–99–3) (CWC Schedule 1B); (4) Individual protection against the (m) Technical data (as defined in Methylphosphinyldiflouride; chemical agents and biological agents § 120.21 of this subchapter) and defense (2) O-Alkyl (H or equal to or less than listed in paragraph (a) and (b) of this services (as defined in § 120.8 of this C , including cycloalkyl) O–2-dialkyl 10 category. subchapter) related to the defense (methyl, ethyl, n-Propyl or This includes military protective artic1es enumerated in paragraphs (a) isopropyl)aminoethyl alkyl (methyl, clothing and masks, but not those items through (l) of this category. (See § 125.4 ethyl, N-propyl or designed for domestic preparedness of this subchapter for exemptions.) isopropyl)phosphonite and (e.g., civil defense); Technical data directly related to the corresponding alkylated and protonated (5) Collective protection against the manufacture or production of any salts, such as: QL: O-Ethyl-2-di- chemical agents and biological agents defense articles enumerated elsewhere isopropylaminoethyl listed in paragraph (a) and (b) of this in this Category that are designated as methylphosphonite (CAS 57856–11–8) category. Significant Military Equipment (SME) (CWC Schedule 1B); (6) Decontamination or remediation of (3) : O-Isopropyl shall itself be designated as SME. the chemical agents and biological (n) The following interpretations methylphosphonochloridate (CAS agents listed in paragraph (a) and (b) of explain and amplify the terms used in 1445–76–7) (CWC Schedule 1B); this category. (4) : O-Pinakolyl this category and elsewhere in this (g) Antibodies, polynucleoides, methylphosphonochloridate (CAS subchapter. biopolymers or biocatalysts specifically (1) A chemical agent in category 7040–57–5) (CWC Schedule 1B); (5) DC: Methlyphosphonyl dichloride designed or modified for use with XIV(a) is a substance having military (CAS 676–97–1) (CWC Schedule 2B); articles controlled in paragraph (f) of application, which by its ordinary and Methylphosphinyldichloride; this category. direct chemical action, produces a (d) Tear gases and riot control agents (h) Medical countermeasures, to powerful physiological effect. including: include pre- and post-treatments, (2) The biological agents or (1) (Diphenylamine vaccines, antidotes and medical biologically derived substances in chloroarsine or DM) (CAS 578–94–9); diagnostics, specifically designed or paragraph (b) of this category are those (2) CA () (CAS modified for use with the chemical agents and substances capable of 5798–79–8); agents listed in paragraph (a) of this producing casualties in humans or (3) CN (Phenylacyl chloride or w- category and vaccines with the sole livestock, degrading equipment or Chloroacetophenone) (CAS 532–27-4); purpose of protecting against biological damaging crops and which have been (4) CR (Dibenz-(b,f)-1,4-oxazephine) agents identified in paragraph (b) of this modified for the specific purpose of (CAS 257–07–8); category. Examples include: barrier increasing such effects. Examples of (5) CS (o- creams specifically designed to be such modifications include increasing Chlorobenzylidenemalononitrile or o- applied to skin and personal equipment resistance to UV radiation or improving Chlorobenzalmalononitrile) (CAS 2698– to protect against vesicant agents dissemination characteristics. This does 41–1); controlled in paragraph (a) of this not include modifications made only for

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civil applications (e.g. medical or Dated: August 22, 2002. 3. On page 59761, column 3, § 1.141– environmental use). John R. Bolton, 7(g)(3), fifth line from the top of the (3) The destruction equipment Under Secretary Arms Control and column, the language ‘‘U.S.C. 791a controlled by this category related to International Security, Department of State. through 821(c) (does not’’ is corrected to biological agents in paragraph (b) is that [FR Doc. 02–29595 Filed 11–26–02; 8:45 am] read ‘‘U.S.C. 791a through 825r) (or by equipment specifically designed to BILLING CODE 4710–25–P a state regulatory authority under destroy only the agents identified in comparable provisions of state law) does paragraph (b) of this category. not’’. (4) Technical data and defense DEPARTMENT OF THE TREASURY services in paragraph (l) include Cynthia E. Grigsby, libraries, databases and algorithms Internal Revenue Service Chief, Regulations Unit, Associate Chief specifically designed or modified for Counsel, (Income Tax and Accounting). use with articles controlled in paragraph 26 CFR Part 1 [FR Doc. 02–30140 Filed 11–26–02; 8:45 am] (f) of this category. BILLING CODE 4830–01–P (5) The tooling and equipment [TD 9016] covered by paragraph (l) of this category RIN 1545–AY71 includes molds used to produce DEPARTMENT OF THE TREASURY protective masks, over-boots, and gloves Obligations of States and Political Internal Revenue Service controlled by paragraph (f) and leak Subdivisions; Correction detection equipment specifically AGENCY: Internal Revenue Service (IRS), 26 CFR Part 46 designed to test filters controlled by Treasury. paragraph (f) of this category. (6) The resulting product of the ACTION: Correction to final regulations. [TD 9024] combination of any controlled or non- SUMMARY: This document contains controlled substance compounded or RIN 1545–AY93 corrections to final regulations that were mixed with any item controlled by this published in the Federal Register on subchapter is also subject to the controls Liability For Insurance Premium Excise Monday, September 23, 2002 (67 FR of this category. Tax 59756) relating to the definition of Note 1: This Category does not control private activity bonds applicable to tax- AGENCY: Internal Revenue Service (IRS), formulations containing 1% or less CN or CS exempt bonds issued by state and local Treasury. or individually packaged tear gases or riot governments for output facilities. ACTION: control agents for personal self-defense Final regulations. DATES: This correction is effective purposes. November 22, 2002. SUMMARY: This document contains final Note 2: Categories XIV(a) and (d) do not FOR FURTHER INFORMATION CONTACT: Rose regulations under section 4374 relating include the following: M. Weber (202) 622–3880 (not a toll-free to liability for the insurance premium (1) chloride; number). excise tax. This document affects persons who make, sign, issue, or sell a (2) Hydrocyanic acid; SUPPLEMENTARY INFORMATION: (3) ; policy of insurance, indemnity bond, (4) Carbonyl chloride (); Background annuity contract, or policy of (5) ; The final regulations that are the reinsurance issued by any foreign (6) ; insurer or reinsurer. (7) ; subject of these corrections is under (8) ; section 141 of the Internal Revenue DATES: Effective Date: These regulations (9) Chloro acetone; Code. are effective November 27, 2002. (10) Chloropicrin (trichloronitromethane); Applicability Date: These regulations Need for Correction (11) Fluorine; are applicable to premiums paid on or (12) Liquid pepper. As published, the final regulations after November 27, 2002. contain errors that may prove to be FOR FURTHER INFORMATION CONTACT: Note 3: Chemical Abstract Service (CAS) misleading and are in need of David Lundy at (202) 622–3880 (not a registry numbers do not cover all the clarification. substances and mixtures controlled by this toll-free number). category. The numbers are provided as Correction of Publication SUPPLEMENTARY INFORMATION: examples to assist the government agencies Accordingly, the publication of final in the license review process and the Background regulations (TD 9016), that were the exporter when completing their license On January 7, 2002, the IRS and application and export documentation. subject of FR Doc. 02–24137, is corrected as follows: Treasury published a notice of proposed Note 4: With respect to U.S. obligations 1. On page 59758, column 2, in the rulemaking (REG–125450–01), 2002–5 under the Chemical Weapons Convention preamble under the paragraph heading IRB 457) in the Federal Register (67 FR (CWC), refer to Chemical Weapons ‘‘Explanation of Provisions’’, first line, 707) under section 4374 relating to the Convention Regulations (CWCR) (15 CFR the language ‘‘through 821(c) (or by a insurance premium excise tax imposed parts 710 through 722). As appropriate, the state authority’’ is corrected to read by section 4371 on certain policies CWC schedule is provided to assist the ‘‘through 825r (or by a state authority’’. issued by foreign insurance and exporter. reinsurance companies. One comment * * * * * § 1.141–7 [Corrected] letter responding to the notice of 2. On page 59761, column 2, § 1.141– proposed rulemaking was received. §§ 121.7, 121.12 and 121.13 [Removed and 7(g)(1)(ii)(B), line 5, the language ‘‘Act After consideration of these comments, Reserved] (16 U.S.C. 791a through 821c) (or by’’ is the proposed regulations are adopted as 3. Sections 121.7, 121.12 and 121.13 corrected to read ‘‘Act (16 U.S.C. 791a final regulations as revised by this are removed and reserved. through 825r) (or by’’. Treasury decision.

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