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Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6687

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Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6687 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6687 Methylphosphonyl difluoride (C.A.S. aminoethane thiol (C.A.S. #5842±07±9), identified in this ECCN 1C350, unless #676±99±3). N,N-Diisopropyl-2-aminoethyl chloride those compounds are also identified in b. Countries Not Eligible: The hydrochloride (C.A.S. #4261±68±1), this entry. following countries are not eligible to N,N-Diisopropyl-beta-aminoethanol * * * * * receive sample shipments: Cuba, Iran, (C.A.S. #96±80±0), N,N-Diisopropyl- Dated: February 7, 1997. Libya, North Korea, Sudan, Syria. beta-aminoethyl chloride (C.A.S. #96± c. Sample Shipments: A license is not 79±7), Dimethyl ethylphosphonate Sue E. Eckert, required for sample shipments when the (C.A.S. #6163±75±3), Dimethyl Assistant Secretary for Export cumulative total of these shipments methylphosphonate (C.A.S. #756±79±6), Administration. does not exceed a 55-gallon container or Ethylphosphonous dichloride [FR Doc. 97±3490 Filed 2±11±97; 8:45 am] 200 kg of each chemical to any one [Ethylphosphinyl dichloride] (C.A.S. BILLING CODE 3510±33±P consignee per calendar year. Multiple #1498±40±4), Ethylphosphonus sample shipments, in any quantity, not difluoride [Ethylphosphinyl difluoride] exceeding the totals indicated in this (C.A.S. #430±78±4), Ethylphosphonyl DEPARTMENT OF COMMERCE paragraph may be exported without a dichloride (C.A.S. #1066±50±8), license, in accordance with the Methylphosphonous dichloride Bureau of Export Administration provisions of this NOTE 1. A consignee [Methylphosphinyl dicloride] (C.A.S. 15 CFR Part 774 that receives a sample shipment under #676±83±5), Methylphosphonous this exclusion may not resell, transfer or difluoride [Methylphosphinyl [Docket No. 961206342±6342±01] reexport the sample shipment, but may # difluoride] (C.A.S. 753±59±3), RIN 0694±AB46 use the sample shipment for any other Methylphosphonyl dichloride (C.A.S. legal purpose unrelated to chemical #676±97±1), Pinacolyl alcohol (C.A.S. Revisions to the Commerce Control weapons. However, a sample shipment #464±07±3), 3-Quinuclidinol (C.A.S. List: Exports of Mixtures Containing received under this exclusion remains #1619±34±7), and Thiodiglycol (C.A.S. Trace Quantities of Precursor subject to all General Prohibitions #111±48±8); (Related ECCN: 1C995) Chemicals; ECCNs 1C350 and 1C995 including the end-use restriction c. A license is required when at least described in § 744.4 of the EAR. one of all other chemicals in the List of AGENCY: Bureau of Export d. The exporter is required to submit Items Controlled constitutes more than Administration, Commerce. a quarterly written report for shipments 25 percent of the weight of the mixture ACTION: Final rule. of samples made under this Note 1. The on a solvent free basis (related ECCN: report must be on company letterhead 1C995); and SUMMARY: The Bureau of Export stationery (titled ``Report of Sample d. A license is not required under this Administration is amending the Shipments of Chemical Precursors'' at entry for mixtures when the controlled Commerce Control List (CCL) of the the top of the first page) and identify the chemical is a normal ingredient in Export Administration Regulations (15 chemical(s), Chemical Abstract Service consumer goods packaged for retail sale CFR parts 730±774) to simplify export Registry (C.A.S.) number(s), for personal use. Such consumer goods controls on mixtures that contain quantity(ies), the ultimate consignee's are controlled by ECCN EAR99. relatively small amounts, ``traces'', of name and address, and the date e. Calculation of concentrations of controlled precursor chemicals. exported. The report must be sent to the AG-controlled chemicals. DATES: This rule is effective February U.S. Department of Commerce, Bureau 1. Usual Commercial Purposes. In 12, 1997. of Export Administration, Room 2705, calculating the percentage of an AG FOR FURTHER INFORMATION CONTACT: For Washington, DC 20230, Attn: ``Report of controlled chemical in a mixture Sample Shipments of Chemical questions on foreign policy controls, (solution), any other chemical must be call Patricia Sefcik, Bureau of Export Precursors''. excluded if it was not added for usual 2. MIXTURES: Mixtures controlled by Administration, Telephone: (202) 482± commercial purposes, but was added for 0707. this entry that contain certain the sole purpose of circumventing the concentrations of precursor and For questions of a technical nature on Export Administration Regulations. chemical weapon precursors, biological intermediate chemicals are subject to 2. ``Solvent Free Basis Requirement.'' the following licensing requirements: agents, and equipment that can be used When calculating the percentage, by to produce chemical and biological a. A license is required, regardless of weight, of components in a chemical the concentrations in the mixture, for weapons agents, call James mixture, you must exclude from the Seevaratnam, Bureau of Export the following chemicals: 0-Ethyl-2- calculation any component of the diisopropylaminoethyl Administration, Telephone: (202) 482± mixture that acts as a solvent. 3343. methylphosphonite (QL) (C.A.S. 3. SolventÐFor purposes of this # 57856±11±8), Ethylphosphonyl ECCN ``A substance capable of SUPPLEMENTARY INFORMATION: Currently, # difluoride (C.A.S. 753±98±0) and dissolving another substance to form a Export Control Classification Number Methylphosphonyl difluoride (C.A.S. uniformly dispersed mixture (ECCN) 1C350 on the Commerce Control # 676±99±3); (solution)''. List (CCL) includes an exemption from b. A license is required when at least • Solvents are liquids at standard controls for mixtures containing certain one of the following chemicals temperature and pressure (STP). concentrations of precursor and constitutes more than 10 percent of the • In no instance is an AG controlled intermediate chemicals identified by weight of the mixture on a solvent free chemical considered a ``solvent''. that entry. This exemption is on a basis: Arsenic trichloride (C.A.S. #7784± • All ingredients of mixtures are solvent-free basis. 34±1), Benzilic acid (C.A.S. #76±93±7), expressed in terms of weight. This final rule amends the CCL of the Diethyl ethylphosphonate (C.A.S. #78± • The solvent component of the Export Administration Regulations 38±6), Diethyl methylphosphonite mixture converts it into a solution. (EAR) to implement a new treatment of (C.A.S. #15715±41±0), Diethyl-N,N- 3. COMPOUNDS: A license is not ``trace chemicals'' under ECCN 1C350. If dimethylphosphoroamidate (C.A.S. required under this entry for chemical all the criteria set forth are met and the #2404±03±7), N,N-Diisopropyl-beta- compounds created with any chemicals relevant General Prohibitions found in 6688 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations part 736 do not apply, exports may be date, are inapplicable because this License Requirements made under ECCN 1C350 without regulation involves a military and * * * * * applying for a license, for mixtures that foreign affairs function of the United contain a cumulative total concentration States (see 5 U.S.C. 553(a)(1)). Further, License Requirement Notes of no more than 10,000 parts by weight no other law requires that a notice of * * * * * (pbw) per million, of all precursor or proposed rulemaking and an 3. Trace Quantities: intermediate chemicals listed in ECCN opportunity for public comment be 1C350. Such mixtures are controlled given for this rule. Because a notice of a. A license is required for mixtures under ECCN 1C995. This treatment is proposed rulemaking and an containing any amount (including trace not available for mixtures containing the opportunity for public comment are not quantities) of the following chemicals: following precursor chemicals: 0-Ethyl- required to be given for this rule by 5 0-Ethyl-2-diisopropylaminoethyl 2-diisopropylaminoethyl U.S.C 553, or by any other law, the methylphosphonite (QL) (C.A.S. #57856±11±8), Ethylphosphonyl methylphosphonite (QL) (C.A.S. analytical requirements of the # #57856±11±8), Ethylphosphonyl Regulatory Flexibility Act, 5 U.S.C. 601 difluoride (C.A.S. 753±98±0), and # Methylphosphonyl difluoride (C.A.S. difluoride (C.A.S. 753±98±0), and et seq., are inapplicable. # Methylphosphonyl difluoride (C.A.S. Therefore, this regulation is issued in 676±99±3). #676±99±3). final form. Although there is no formal b. Except as noted in paragraph (a) of This rule also revises the ``Related comment period, public comments on this Note, a license is not required Definition'' section of ECCN 1C995 to this regulation are welcome on a under this entry for mixtures that clarify that mixtures containing trace continuing basis. Comments should be contain a cumulative total concentration quantities are controlled under this submitted to Sharron Cook, Regulatory of no more than 10,000 parts by weight entry. Policy Division, Office of Exporter (pbw) per million of all precursor or This new treatment will permit export Services, Bureau of Export intermediate chemicals listed in this without applying for a license for many Administration, Department of entry. The calculation for this paragraph common commercial products while Commerce, P.O. Box 273, Washington, (b) should not be done on a solvent-free requiring license applications for those DC 20044. basis (related ECCN: 1C995). c. Countries Not Eligible: The mixtures that contain significant List of Subjects in 15 CFR part 774 quantities of precursor chemicals. following countries are not eligible for Exports, Foreign trade. exports under this Trace Quantities Rulemaking Requirements Accordingly, part 774 of the Export Note: Cuba, Iran, Iraq, Libya, North 1. This final rule has been determined Administration Regulations (15 CFR Korea, Sudan, and Syria. to be not significant for purposes of Parts 730±799) are amended as follows: * * * * * 1. The authority citation for part 774 Executive Order 12866. 1C995 Mixtures containing precursor continues to read as follows: 2. This rule involves collections of and intermediate chemicals used in the information subject to the Paperwork Authority: 50 U.S.C.
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