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42862 Federal Register / Vol. 69, No. 137 / Monday, July 19, 2004 / Rules and Regulations

have federalism implications under between the bellcrank and the body of the Records Administration (NARA). For Executive Order 13132. rotary variable inductive transducers (RVITs) information on the availability of this For the reasons discussed above, I of the elevator and aileron, in accordance material at NARA, call (202) 741–6030, or go _ certify that this action (1) is not a with EMBRAER Alert Service Bulletin 120– to: http://www.archives.gov/federal register/ 31–A046, dated July 13, 2001. _ _ _ ‘‘significant regulatory action’’ under code of federal regulations/ (1) If the gap is within the limits specified ibr_locations.html. Executive Order 12866; (2) is not a by the alert service bulletin: Prior to further ‘‘significant rule’’ under DOT Note 1: The subject of this AD is addressed flight, tighten the bolt that attaches the in Brazilian airworthiness directive 2001–07– Regulatory Policies and Procedures (44 bellcrank to the RVIT shaft to a torque of 40– 01R1, dated February 10, 2003. FR 11034, February 26, 1979); and (3) 45 inch pounds, in accordance with the alert will not have a significant economic service bulletin. Effective Date (2) If the gap is not within the limits impact, positive or negative, on a (f) This amendment becomes effective on substantial number of small entities specified by the alert service bulletin: Prior to further flight, accomplish all applicable August 23, 2004. under the criteria of the Regulatory corrective actions (including inspecting to Issued in Renton, Washington, on July 8, Flexibility Act. A final evaluation has detect damage of the connecting rod, 2004. been prepared for this action and it is replacing any damaged rod with a new rod contained in the Rules Docket. A copy having the same part number, and adjusting Kevin M. Mullin, of it may be obtained from the Rules the gap between the bellcrank and the RVIT Acting Manager, Transport Airplane Docket at the location provided under body), and tighten the bolt that attaches the Directorate, Aircraft Certification Service. the caption ADDRESSES. bellcrank to the RVIT shaft to a torque of 40– [FR Doc. 04–16032 Filed 7–16–04; 8:45 am] 45 inch pounds; in accordance with the alert BILLING CODE 4910–13–P List of Subjects in 14 CFR Part 39 service bulletin. Air transportation, Aircraft, Aviation New Actions Required by This AD: safety, Incorporation by reference, Corrective Action DEPARTMENT OF COMMERCE Safety. (b) Within 4,000 flight hours after the effective date of this AD: Replace the aileron Bureau of Industry and Security Adoption of the Amendment and elevator RVIT bellcranks having part I Accordingly, pursuant to the authority number (P/N) 123–82549–007 or P/N 123– 15 CFR Parts 742, 748, 770, and 774 delegated to me by the Administrator, 82549–009, as applicable, with new, improved bellcranks having P/N 145–51146– [Docket No. 031202303–3303–01] the Federal Aviation Administration 001 or P/N 145–51147–001, respectively, in RIN 0694–AC75 amends part 39 of the Federal Aviation accordance with Paragraph 2.8 of the Regulations (14 CFR part 39) as follows: Accomplishment Instructions of EMBRAER Revisions of Export Licensing Service Bulletin 120–31–0046, Revision 01, PART 39—AIRWORTHINESS dated December 27, 2002. Jurisdiction of Certain Types of DIRECTIVES (c) Replacement of the bellcranks Energetic Material and Other accomplished before the effective date of this Chemicals Based on Review of the I 1. The authority citation for part 39 AD per EMBRAER Service Bulletin 120–31– United States Munitions List continues to read as follows: 0046, dated February 20, 2002, are AGENCY: Bureau of Industry and Authority: 49 U.S.C. 106(g), 40113, 44701. considered acceptable for compliance with the corresponding action specified in this Security, Commerce. § 39.13 [Amended] AD. ACTION: Final rule. I 2. Section 39.13 is amended by Alternative Methods of Compliance SUMMARY: removing amendment 39–12392 (66 FR This final rule amends the (d) In accordance with 14 CFR 39.19, the Export Administration Regulations 43076, August 17, 2001), and by adding Manager, International Branch, ANM–116, a new airworthiness directive (AD), (EAR) to implement decisions to move FAA, Transport Airplane Directorate, is export licensing jurisdiction of certain amendment 39–13733, to read as authorized to approve alternative methods of types of energetic materials and other follows: compliance for this AD. chemicals from the Department of State, 2004–14–24 Empresa Brasileira de Incorporation by Reference Directorate of Defense Trade Controls Aeronautica S.A. (EMBRAER): (e) The actions shall be done in accordance (DTC), to the Department of Commerce, Amendment 39–13733. Docket 2003– with EMBRAER Service Bulletin 120–31– Bureau of Industry and Security (BIS), NM–81–AD. Supersedes AD 2001–17– 0046, Revision 01, dated December 27, 2002; 01, Amendment 39–12392. and to move such jurisdiction for other and EMBRAER Alert Service Bulletin 120– chemicals from BIS to DTC. Applicability: Model EMB–120 series 31–A046, dated July 13, 2001; as applicable. airplanes, certificated in any category; with (1) The incorporation by reference of DATES: This rule is effective July 19, serial numbers 120004 and 120006 through EMBRAER Service Bulletin 120–31–0046, 2004. 120355 inclusive; that have been modified in Revision 01, dated December 27, 2002, is FOR FURTHER INFORMATION CONTACT: accordance with EMBRAER Service Bulletin approved by the Director of the Federal Robert Teer at (202) 482–4749 for 120–31–0039, 120–31–0040, 120–31–0041, or Register in accordance with 5 U.S.C. 552(a) questions concerning changes to Export 120–31–0042. and 1 CFR part 51. Compliance: Required as indicated, unless (2) The incorporation by reference of Control Classification Numbers (ECCN) accomplished previously. EMBRAER Alert Service Bulletin 120–31– 1C018 and 1C992; Steve Clagett (202) To prevent restricted movement of the A046, dated July 13, 2001, was approved 482–1461 for questions concerning aileron or elevator, which could result in previously by the Director of the Federal coverage of guanidine nitrate or reduced controllability of the airplane, Register as of August 27, 2001 (66 FR 43076, nitroguanidine under ECCN 1C011; Joan accomplish the following: August 17, 2001). Roberts (202) 482–4252 for questions (3) Copies may be obtained from Empresa Restatement of the Requirements of AD concerning the coverage of liquid Brasileira de Aeronautica S.A. (EMBRAER), pepper in ECCN 1A984; Scott Hubinger 2001–17–01: Inspection and Corrective P.O. Box 343—CEP 12.225, Sao Jose dos Action, if Necessary Campos—SP, Brazil. Copies may be at (202) 482–5223, for questions (a) Within 50 flight hours after August 27, inspected at the FAA, Transport Airplane concerning changes to ECCNs 1C350, 2001 (the effective date of AD 2001–17–01, Directorate, 1601 Lind Avenue, SW., Renton, 1C355, and 1C395, and related changes amendment 39–12392), measure the gap Washington; or at the National Archives and in parts 742 and 770; and William Arvin

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at (202) 482–2440 for other questions Chemicals Transferred from the United This rule also adds language to the about this rule. States Munitions List to the Commerce ‘‘Related Controls’’ paragraph of ECCN Control List 1C111 to notify readers that oxidizers SUPPLEMENTARY INFORMATION: This rule adds to ECCN and mixtures thereof that are Background 1C355 by creating a new paragraph compounds composed of and (b.1.d) in the List of Items Controlled one or more of other , , This rule, along with a section of that entry. This action or , are controlled under ECCN complementary rule published by the imposes a reexport license requirement 1C018. Department of State (67 FR 70839, on chloropicrin that is subject to the This rule also amends the heading of November 27, 2002) (hereinafter EAR when reexported from one country ECCN 1C018 to add ‘‘and Certain ‘‘November 27 rule’’), implements that is not a party to the Chemical Chemicals as follows (See List of Items decisions reached in an ongoing review Weapons Convention (Convention) to Controlled)’’ because the chemicals of the United States Munitions List another country not a party to the added by this rule are controlled by that (USML) that is part of the Defense Trade Chemical Weapons Convention, and entry regardless of whether they are Security Initiative. That initiative, when exported from the United States to incorporated into a commercial charge announced on May 24, 2000 at a NATO a country not a party to the Convention or device. This rule also adds paragraph ministerial meeting by the Secretary of if the exporter has not received an End references to the Related Controls State, includes annual review of Use Certificate issued by the importing paragraph of ECCN 1C018 to clarify for portions of the USML with the objective country. This rule also imposes a the reader which paragraphs in those of reviewing the entire list every four license requirement for antiterrorism related ECCNs describe commercial years. This rule adds some chemicals reasons for exports and reexports of charges and devices containing USML formerly on the USML to the Export chloropicrin to a limited number of controlled materials, and which do not. Administration Regulations (EAR) and destinations. The imposition of this USML controlled materials, when not removes from the EAR other chemicals control is described in a report to incorporated into the charges and that were added to the USML by the Congress on July 2, 2004. This rule devices described in the paragraphs of November 27 rule. removes a reference to chloropicrin as those ECCNs, remain on the USML. being under the export license However, the chemicals being added to This rule adds to the Commerce jurisdiction of DTC in the Related those ECCNs by this rule are subject to Control List (CCL) the following Controls paragraph of the List of Items the EAR unless they are incorporated chemicals: chloropicrin; controlled section of ECCN 1C355. This into an item on the USML. This rule propyleneimine (2-methylaziridine) rule also removes and reserves adds a sentence to the Related Controls (CAS 75–55–8); liquid pepper, except paragraph (.b.3) from ECCN 1C355 paragraph of ECCN 1C018 to alert when packaged in individual containers because the mixtures containing readers to that fact. This rule also of 3 ounces (85.05 grams) or less; and chloropicrin described therein are corrects the citations to the USML at oxidizers and mixtures thereof that are subsumed in the new paragraph (b.1.d.) several places in both of those entries. compounds composed of fluorine and This rule adds propyleneimine (2- This rule also imposes a license one or more of the following—other methylaziridine) (CAS 75–55–8) to requirement on the chemicals that it halogens, oxygen, or nitrogen. In ECCN 1C018 by adding a new paragraph adds to ECCN 1C018 for antiterrorism addition, three chemicals that were (l) to the List of Items Controlled section reasons to some destinations. The removed from the USML by the of ECCN 1C018. This rule adds antiterrorism controls imposed by these November 27 rule are not being added oxidizers and mixtures thereof that are changes are in a report submitted to to the CCL because they were already compounds composed of fluorine and Congress on July 2, 2004. listed thereon. Those chemicals are one or more of the following: other A note is added to ECCN 1C018 fluorine, guanidine nitrate, and halogens, oxygen, or nitrogen to ECCN providing that when a chemical in nitroguanidine. This rule removes from 1C018 by adding a new paragraph (m) paragraphs .1 or .m of ECCN 1C018 is the CCL: 0-ethyl-2-diisopropyl to that entry and by adding ‘‘MT column incorporated into a commercial charge aminoethyl methylphosphonite (QL), 1’’ as a reason for control applicable or device described in paragraphs .a ethyl phosphonyl difluoride, only to the items covered by the new through .k of ECCN 1C018 or of ECCN methylphosphonyl difluoride (DF), paragraph (m) because these oxidizers 1C992, the item is classified as the methyl phosphonous dichloride, are listed on both the Missile commercial charge or device. methylphosphinyl difluoride, and Technology Control Regime (MTCR) The November 27 rule also removed methylphosphonyl dichloride because Annex and the Munitions List liquid pepper from the USML. This rule the November 27 rule placed them on maintained by the Wasssenaar adds liquid pepper, except when in the USML. Arrangement. A note to new paragraph individual containers with net weight of 1C018.m excludes nitrogen trifluoride 3 ounces (85.05 grams) or less, to ECCN This rule also replaces the phrase (NF ) in a gaseous state and refers 1A984. This addition is a new foreign ‘‘Office of Defense Trade Controls’’ with 3 readers to 1C992. Another note to that policy control requiring a report to ‘‘Directorate of Defense Trade Controls’’ paragraph excludes chlorine triflouride Congress. The report was delivered to in several places to reflect the name (ClF ) from national security controls. Congress on July 2, 2004. change of that organization and revises 3 Cross references are added to the This rule also revises the heading and the references to Libya and Syria in the ‘‘Related Controls’’ paragraphs of ECCN list of items controlled paragraph in License Requirements section of ECCN 1C018 and ECCN 1C238 to alert readers ECCN 1C992 to add nitrogen trifluoride 1C350 to reflect the current provisions that both entries impose controls on in a gaseous state. It also adds a of the EAR that address export controls ClF3. The addition of the oxidizers and reference to 1C018 to the related that apply to those countries. mixtures to new paragraph 1C018.m is controls paragraph of 1C992 alerting The specific descriptions of the a new foreign policy control requiring a readers to the fact that nitrogen changes to the EAR made by this rule report to Congress. The report was trifluoride when not in a gaseous state are as follows. delivered to Congress on July 2, 2004. is controlled by 1C018.

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Chemicals Removed From the USML methylphosphonyl dichloride and their of information, subject to the That Are Not Being Added to the CCL synonyms are removed from paragraph requirements of the Paperwork The November 27 rule published by (k) of § 770.2, which provides Reduction Act of 1995 (44 U.S.C. 3501 the Department of State removed alternative names for chemicals subject et seq.) (PRA), unless that collection of fluorine, guanidine nitrate, and to ECCN 1C350. information displays a currently valid nitroguanidine from the USML. These Conforming Changes to ECCN 1C350 Office of Management and Budget (OMB) Control Number. This regulation chemicals were already listed on the In the ‘‘License Requirements’’ CCL prior to the publication of this rule. involves collections previously section of ECCN 1C350, this rule approved by the OMB under control Guanidine nitrate and nitroguanidine replaces the reference to part 742 of the will continue to be covered by ECCN numbers 0694–0088, ‘‘Multi-Purpose EAR as the source of information about Application,’’ which carries a burden 1C011 paragraphs .c and .d, which antiterrorism controls that apply to impose a license requirement to all hour estimate of 58 minutes to prepare Syria with a reference to Supplement and submit form BIS–748 . destinations except Canada. Fluorine No. 1 to part 736. It also replaces the will continue to be subject to ECCN Miscellaneous and recordkeeping reference to part 746 as the source of activities account for 12 minutes per 1C999, which imposes a license information about antiterrorism controls requirement to North Korea. submission. Burden hours associated that apply to Libya with a reference to with the Paperwork Reduction Act and Chemicals Transferred From the part 742. These changes are being made Office and Management and Budget Commerce Control List to the United to make this ECCN conform to recently control number 0694–0088 are not States Munitions List published rules about Libya (69 FR impacted by this regulation. Send 23626, April 29, 2004) and a general This rule removes 0-ethyl-2- comments regarding these burden order implementing the Syria estimates or any other aspect of these diisopropyl aminoethyl Accountability and Lebanese methylphosphonite (QL), ethyl collections of information, including Sovereignty Act (69 FR 26766, May 14, suggestions for reducing the burden, to phosphonyl difluoride, and methyl 2004). phosphonyl difluoride (DF), from the David Rostker, OMB Desk Officer, by e- _ CCL by removing and reserving Savings Clause mail at david [email protected] or by fax to (202) 395–7285; and to the paragraph (a) in the ‘‘List of Items Items that this rule transfers to BIS Regulatory Policy Division, Bureau of Controlled’’ section of ECCN 1C350. export licensing jurisdiction, and that Industry and Security, Department of This rule also removes have been authorized for export or Commerce, P.O. Box 273, Washington, methylphosphonous dichloride, reexport pursuant to a license issued by DC 20044. methylphosphonous difluoride, and DTC, may be exported or reexported in methylphosphonyl dichloride from the 3. This rule does not contain policies accordance with the terms of that with Federalism implications as that Commerce Control List by removing and license until that license expires. Items reserving subparagraphs (b.15) (b.16) term is defined under E.O. 13132. that this rule removes from BIS 4. The provisions of the and (b.17) in the List of Items Controlled licensing that have been authorized for section of ECCN 1C350. These six Administrative Procedure Act (5 U.S.C. export or reexport pursuant to a license 553) requiring notice of proposed chemicals are now on the USML. issued by BIS may be exported or This rule removes references to ECCN rulemaking, the opportunity for public reexported in accordance with the terms participation, and a delay in effective 1C350.a from the following: paragraph of that license until that license expires. (a)(2)(i)(A) of § 742.2; paragraphs (a)(1), date, are inapplicable because this Items that will require an export or regulation involves a military and (b)(1)(i), (b)(1)(ii), and (b)(1)(iii) of reexport license from BIS upon § 742.18; paragraph (q) of part 748, foreign affairs function of the United publication of this rule and that, prior States (5 U.S.C. 553(a)(1)). Further, no Supplement No. 2; the Reason for to publication of this rule, were eligible Control and License Requirements other law requires that a notice of for export or reexport under a License proposed rulemaking and an Notes paragraphs of the License Exception or with no license required Requirements section of ECCN 1C350; opportunity for public comment be (NLR) may be exported or reexported given for this final rule. Because a the Related Controls paragraph of the under those conditions if they are on License Requirements section of 1C395; notice of proposed rulemaking and an dock for loading, on lighter, laden opportunity for public comment are not and the Related Controls Paragraph of aboard an exporting carrier or en route the List of Items Controlled section of required to be given for this rule under aboard a carrier to a port of export on the Administrative Procedure Act or by ECCN 1C995. August 2, 2004, pursuant to actual This rule removes the following any other law, the analytical orders for export to a specific requirements of the Regulatory references to chemicals that are now destination, and actually are exported subject to the licensing jurisdiction of Flexibility Act (5 U.S.C. 601 et seq.) are from the United States or reexported not applicable. Therefore, this DTC and no longer subject to the from another country before August 16, licensing control of BIS. References to regulation is issued in final form. 2004. Any such items not actually Although there is no formal comment methylphosphonyl difluoride are exported or reexported before midnight removed from paragraphs (1), (4) and (8) , public comments on this August 16, 2004 may be exported or regulation are welcome on a continuing and methylphosphonyl dichloride is reexported only if authorized by BIS. removed from paragraph (8) of part 742, basis. Comments should be submitted to Supplement No. 1, which deals with Rulemaking Requirements William Arvin, Office of Exporter contract sanctity dates. References to 0- 1. This final rule has been determined Services, Bureau of Industry and ethyl-2-diisopropyl aminoethyl to be not significant for purposes of E.O. Security, Department of Commerce, methylphosphonite (QL), ethyl 12866. Room H2705, Washington, DC 20230. phosphonyl difluoride, methyl 2. Notwithstanding any other List of Subjects phosphonyl difluoride (DF), provision of law, no person is required methylphosphonous dichloride, to respond to nor be subject to a penalty 15 CFR Parts 742, 770 and 774 methylphosphonous difluoride, and for failure to comply with a collection Exports, Foreign trade.

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15 CFR Part 748 apply to exports of Schedule 1 trimethyl phosphite. (See also chemicals.) paragraphs (6) and (7) of this Administrative practice and Supplement.) For exports to Iran, Libya procedure, Exports, Foreign trade, * * * * * or Syria, see paragraphs (1) through (6) Reporting and recordkeeping (b) Licensing Policy. (1) Schedule 1 of this Supplement. requirements. chemicals and mixtures. (i) Exports to States Parties to the CWC. Applications * * * * * I For the reasons set forth in the to export Schedule 1 Chemicals preamble parts 742 and 774 of the Export controlled under ECCN 1C351.d.5 or SUPPLEMENT NO. 2 TO PART 748— Administration Regulations (15 CFR .d.6 to States Parties to the CWC [AMENDED] parts 730–799) are amended as follows: (destinations listed in Supplement No. 2 to part 745 of the EAR) generally will be I 5. The authority citation for 15 CFR PART 742—[AMENDED] denied, unless all of the following part 748 is revised to read as follows: I 1. The authority citation for 15 CFR conditions are met: Authority: 50 U.S.C. app. 2401 et seq.; 50 part 742 continues to read as follows: * * * * * U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, (ii) Exports to States not Party to the 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 Authority: 50 U.S.C. app. 2401 et seq.; 50 CWC. Applications to export Schedule 1 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; of August 7, 2003, 68 FR 47833, 3 CFR, 2003 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. chemicals controlled under ECCN Comp., p. 328. 901–911, Pub. L. 106–387; Sec. 221, Pub. L. 1C351.d.5 or .d.6 to States not Party to 107–56; E.O. 12058, 43 FR 20947, 3 CFR, the CWC (destinations not listed in I 6. In Supplement No. 2 to part 748— 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, Supplement No. 2 to part 745 of the Unique License Application 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 EAR) generally will be denied, Requirements, revise paragraph (q) to FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. consistent with U.S. obligations under read as follows: 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. the CWC to prohibit exports of these SUPPLEMENT NO. 2 TO PART 748— 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 chemicals to States not Party to the Comp., p. 783; Notice of October 29, 2003, 68 UNIQUE LICENSE APPLICATION CWC. FR 62209, 3 CFR, 2003 Comp., p. 347; Notice REQUIREMENTS of August 7, 2003, 68 FR 47833, 3 CFR, 2003 (iii) Reexports. Applications to Comp., p. 328. reexport Schedule 1 chemicals * * * * * controlled under ECCN 1C351.d.5 or (q) Chemicals controlled for CW I 2. In § 742.2 revise paragraph .d.6 generally will be denied to all reasons under ECCN 1C350. In addition (a)(2)(i)(A) to read as follows: destinations (including both States to any supporting documentation Parties to the CWC and States not Party required by part 748, you must also § 742.2 Proliferation of chemical and to the CWC). obtain from your consignee an End-Use biological weapons. * * * * * Certificate for the export of chemicals (a) ***** I 4. In Supplement No. 1 to part 742— controlled for CW reasons by ECCN (2) * * * Nonproliferation of Chemical and 1C350 to non-States Parties (i) * * * Biological Weapons—revise paragraphs (destinations not listed in Supplement (A) This license requirement includes (1), (4) and (8) to read as follows: No. 2 to part 745 of the EAR). See chemical mixtures identified in ECCN § 745.2 of the EAR. In addition to the 1C350.b, .c, or .d, except as specified in SUPPLEMENT NO. 1 TO PART 742— End-Use Certificate, you may still be License Requirements Note 2 to that NONPROLIFERATION OF CHEMICAL required to obtain a Statement by ECCN. AND BIOLOGICAL WEAPONS Ultimate Consignee and Purchaser * * * * * * * * * * (Form BIS–711P) as support documentation. Consult §§ 748.9 and I (1) The contract sanctity date for 3. In § 742.18 revise paragraph (a)(1), 748.11 of the EAR. the introductory text of paragraphs exports to Iran or Syria of dimethyl (b)(1)(i), and paragraphs (b)(1)(ii) and methylphosphonate, phosphorous * * * * * (b)(1)(iii) to read as follows: oxychloride, thiodiglycol, dimethylamine hydrochloride, PART 770—[AMENDED] § 742.18 Chemical Weapons Convention dimethylamine, chlorohydrin I (CWC or Convention). (2-chloroethanol), and 7. The authority citation for 15 CFR part 770 is revised to read as follows: * * * * * fluoride is April 28, 1986. (a) License requirements. (1) Schedule * * * * * Authority: 50 U.S.C. app. 2401 et seq.; 50 1 chemicals and mixtures controlled (4) The contract sanctity date for U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, exports to Iran of dimethyl 3 CFR, 2001 Comp., p. 783; Notice of August under ECCN 1C351. A license is 7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., required for CW reasons to export or methylphosphonate, p. 328. reexport Schedule 1 chemicals oxychloride, and thiodiglycol is controlled under ECCN 1C351.d.5 or d.6 February 22, 1989. I 8. In § 770.2, remove and reserve to all destinations including Canada. * * * * * paragraphs (k)(20), (24), (28), (29), (30), CW applies to 1C351.d.5 for in the (8) The contract sanctity date for and (31). form of Ricinus Communis Agglutinin exports to all destinations (except Iran, II SUPPLEMENT NO. 1 TO PART 774— (RCA ), which is also known as ricin D Libya or Syria) of chemicals controlled II [AMENDED] or Ricinus Communis LectinIII (RCLIII), by ECCN 1C350 is March 7, 1991, and Ricinus Communis LectinIV except for applications to export the I 9. The authority citation for 15 CFR (RCLIV), which is also known as ricin E. following chemicals: 2-chloroethanol, part 774 is revised to read as follows: CW applies to 1C351.d.6 for dimethyl methylphosphonate, dimethyl Authority: 50 U.S.C. app. 2401 et seq.; 50 identified by C.A.S. #35523–89–8. (Note phosphite (dimethyl U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. that the advance notification procedures phosphite), phosphorus oxychloride, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. and annual reporting requirements phosphorous trichloride, thiodiglycol, 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; described in § 745.1 of the EAR also thionyl triethanolamine, and 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42

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U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. Defense Trade Controls if they have a.4. Have a diameter not exceeding 4.5 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. been specifically designed, developed, inches. 106–387; Sec. 221, Pub. L. 107–56; E.O. configured, adapted, or modified for a b. Detonating cord or shock tubes 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. military application. (2) With the containing greater than 0.064 kg per 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2003, 68 exception of slurries, cutters and meter (300 grains per foot), but not more FR 47833, 3 CFR, 2003 Comp., p. 328. severing tools, if the USML controlled than 0.1 kg per meter (470 grains per materials utilized in devices and foot) of controlled materials; I 10. In supplement No. 1 to part 774, charges controlled by paragraphs .a c. Cartridge power devices containing Category 1—Materials, Chemicals, through .k of this entry can be easily greater than 0.70 kg, but not more than ‘‘,’’ and Toxins—Export extracted without destroying the device 1.0 kg of controlled materials; Control Classification Number 1A984, or charge, then they are subject to the d. Detonators (electric or nonelectric) revise the heading to read as follows: export licensing authority of the U.S. and assemblies thereof containing 1A984 Chemical agents, including Department of State, Directorate of greater than 0.01 kg, but not more than tear formulation containing 1 Defense Trade Controls. (3) Commercial 0.1 kg of controlled materials; percent or less of prefabricated slurries and e. Igniters containing greater than 0.01 orthochlorobenzalmalononitrile (CS), containing greater than 35% of USML kg, but not more than 0.1 kg of or 1 percent or less of controlled energetic materials are controlled materials; chloroacetophenone (CN) except in subject to the export licensing authority f. Oil well cartridges containing individual containers with a net weight of the U.S. Department of State, greater than 0.015 kg, but not more than of 20 grams or less; liquid pepper Directorate of Defense Trade Controls. 0.1 kg of controlled materials; except when packaged in individual (4) The individual USML controlled g. Commercial cast or pressed containers with a net weight of 3 energetic materials in paragraphs .a boosters containing greater than 1.0 kg, ounces (85.05 grams) or less; through .k of this entry, even when but not more than 5.0 kg of controlled bombs; non-irritant smoke flares, compounded with other materials, materials; canisters, grenades and charges; and remain subject to the export licensing h. Commercial prefabricated slurries other pyrotechnic articles having dual authority of the Department of State and emulsions containing greater than military and commercial use. when not incorporated into explosive 10 kg and less than or equal to thirty- devices or charges controlled by this five percent by weight of USML * * * * * entry or 1C992. (5) The chemicals in controlled materials; I 11. In supplement No. 1 to part 774, paragraphs .l and .m of this entry, when i. Cutters and severing tools Category 1—Materials, Chemicals, incorporated into items listed on the containing greater than 3.5 kg, but not ‘‘Microorganisms,’’ and Toxins—Export United States Munitions List, become more than 10 kg of controlled materials; Control Classification Number 1C018, subject to the licensing jurisdiction of j. Pyrotechnic devices when designed revise the heading, Reason for Control the U.S. Department of State, Directorate exclusively for commercial purposes paragraph in the License Requirements of Defense Trade Controls (6) See also (e.g., theatrical stages, motion picture section and the Related Controls, Related ECCNs 1C011, 1C111, and 1C239 for special effects, and displays), Definitions, and Items paragraphs in the additional controlled energetic and containing greater than 3.0 kg, but List of Items Controlled section to read materials. (7) See ECCN 1C238 for not more than 5.0 kg of controlled as follows: additional controls on chlorine materials; trifluoride (ClF ). k. Other commercial explosive 1C018 Commercial charges and 3 devices and charges, not controlled by devices containing energetic materials Related Definitions: (1) For purposes 1C018.a through g above, when used for on the International Munitions List and of this entry, the term ‘‘controlled commercial applications and containing certain chemicals as follows (see List of materials’’ means controlled energetic greater than 1.0 kg but not more than 5.0 Items Controlled). materials (see ECCNs 1C011, 1C111, 1C239 and 22 CFR 121.1 Category V). (2) kg of controlled materials; License Requirements For purposes of this entry, the mass of l. Propyleneimine (2-methylaziridine) Reason for Control: NS, MT, AT, UN aluminum powder, potassium (CAS 75–55–8); or , and any of the substances m. Any oxidizer or mixture thereof Control(s) Country chart listed in the note to the USML (see 22 that is a compound composed of CFR 121.1 Category V) (such as fluorine and one or more of the NS applies to entire entry NS column 1. ammonium pictrate, black powder, etc.) following—other halogens, oxygen, or except as noted in contained in commercial explosive nitrogen. 1C018.m. devices and in the charges are omitted Note: Nitrogen trifluoride (NF3) in a MT applies to 1C018.m MT Column 1. gaseous state is controlled by ECCN except as noted therein. when determining the total mass of AT applies to entire entry AT Column 1. controlled material. 1C992 and not by 1C018. UN applies to entire entry Rwanda. Items: Note: National security is not a reason a. Shaped charges specially designed for control for . * * * * * for oil well operations, utilizing one Note: If a chemical in paragraphs .1 or charge functioning along a single axis, .m of 1C018 is incorporated into a List of Items Controlled that upon detonation produce a hole; commercial charge or device described Unit: *** and in paragraphs .a through .k of ECCN Related Controls: (1) Explosive a.1. Contain any controlled materials; 1C018 or in 1C992, the classification of devices or charges in paragraphs .a a.2. Have a uniform shaped conical the commercial charge or device applies through .k of this entry that utilize liner with an included angle of 90 to the item. USML controlled energetic materials degrees or less; I 12. In supplement No. 1 to part 774, (See 22 CFR 121.1 Category V) are a.3. Have more than 0.090 kg but not Category 1—Materials, Chemicals, subject to the licensing authority of the more that 2.0 kg of controlled materials; ‘‘Microorganisms,’’ and Toxins, Export U.S. Department of State, Directorate of and Control Classification Number 1C111

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revise the Related Controls paragraph in Schedule 2 chemicals and mixtures receive sample shipments of any the List of Items Controlled section to identified in 1C350.b to States not Party chemicals controlled by this ECCN read as follows: to the CWC (destinations not listed in without a license: Cuba, Iran, , Supplement No. 2 to part 745 of the Libya, North Korea, Sudan, Syria. 1C111 Propellants and constituent EAR). A license is required, for CW c. Sample shipments that require an chemicals for propellants, other than reasons, to export Schedule 3 chemicals End-Use Certificate for CW reasons: No those specified in 1C011, as follows (see and mixtures identified in 1C350.c to CWC Schedule 3 chemical or mixture List of Items Controlled) States not Party to the CWC, unless an identified in 1C350.c is eligible for * * * * * End-Use Certificate issued by the sample shipment to States not Party to government of the importing country the CWC (destinations not listed in List of Items Controlled has been obtained by the exporter prior Supplement No. 2 to part 745 of the Unit: *** to export. A license is required, for CW EAR) without a license, unless an End- Related Controls: (1) Butacene as reasons, to reexport Schedule 3 Use Certificate issued by the defined by 1C111.c.1 is subject to the chemicals and mixtures identified in government of the importing country is export licensing authority of the U.S. 1C350.c from a State not Party to the obtained by the exporter prior to export Department of State, Office of Defense CWC to any other State not Party to the (see § 745.2 of the EAR for End-Use Trade Controls (See 22 CFR 121.12 CWC. (See § 742.18 of the EAR for Certificate requirements). (b)(6), other ferrocene derivatives). (2) license requirements and policies for d. Sample shipments that require a See 1C018 for controls on oxidizers that toxic and precursor chemicals license for reasons set forth elsewhere in are composed of fluorine and one or controlled for CW reasons. See § 745.2 the EAR: Sample shipments, as more of the following—other halogens, of the EAR for End-Use Certificate described in this Note 1, may require a oxygen, or nitrogen. requirements that apply to exports of license for reasons set forth elsewhere in Related Definitions: *** Schedule 3 chemicals to countries not the EAR. See, in particular, the end-use/ Items: * * * listed in Supplement No. 2 to part 745 end-user restrictions in part 744 of the I 13. In supplement No. 1 to part 774, of the EAR.) EAR, and the restrictions that apply to Category 1—Materials, Chemicals, AT applies to entire entry. The embargoed countries in part 746 of the ‘‘Microorganisms’’ and Toxins—Export Commerce Country Chart is not EAR. Control Classification Number 1C238, designed to determine licensing e. Quarterly report requirement. The Chlorine trifluoride, revise the Related requirements for items controlled for AT exporter is required to submit a Controls paragraph of the List of Items reasons in 1C350. A license is required, quarterly written report for shipments of controlled section to read as follows: for AT reasons, to export or reexport samples made under this Note 1. The items controlled by 1C350 to Cuba, Iran, report must be on company letterhead 1C238 Chlorine trifluoride (ClF3) Iraq, Libya, North Korea, Sudan, and stationery (titled ‘‘Report of Sample * * * * * Syria. (See part 742 of the EAR for Shipments of Chemical Precursors’’ at List of Items Controlled additional information on the AT the top of the first page) and identify the controls that apply to Iran, North Korea, chemical(s), Chemical Abstract Service Unit *** Sudan, and Libya. See part 746 of the Registry (C.A.S.) number(s), Related Controls: See ECCNs 1E001 EAR for additional information on the quantity(ies), the ultimate consignee’s (‘‘development’’ and ‘‘production’’) and comprehensive trade sanctions that name and address, and the date 1E201 (‘‘use’’) for technology for items apply to Cuba, Iran, and Iraq. (See exported. The report must be sent to the controlled by this entry. See 1C018 for Supplement No. 1 to part 736 of the U.S. Department of Commerce, Bureau additional controls on Chlorine EAR for export controls on Syria.) of Industry and Security, P.O. Box 273, trifluoride (ClF ). 3 License Requirement Notes: Washington, DC 20044, Attn: ‘‘Report of * * * * * 1. SAMPLE SHIPMENTS: Subject to Sample Shipments of Chemical I 14. In supplement No. 1 to part 774, the following requirements and Precursors’’. Category 1—Materials, Chemicals, restrictions, a license is not required for 2. MIXTURES: ‘‘Microorganisms,’’ and Toxins—Export sample shipments when the cumulative a. Mixtures that contain precursor Control Classification Number 1C350, total of these shipments does not exceed chemicals identified in ECCN 1C350, in revise the License Requirements section a 55-gallon container or 200 kg of a that are below the levels and the Related Controls and Items single chemical to any one consignee indicated in 1C350.b through .d, are paragraphs of the List of Items Controlled during a calendar year. A consignee that controlled by ECCN 1C395 or 1C995 and Section to read as follows: receives a sample shipment under this are subject to the licensing requirements exclusion may not resell, transfer, or specified in those ECCNs. 1C350 Chemicals that may be used as reexport the sample shipment, but may b. A license is not required for precursors for toxic chemical agents use the sample shipment for any other mixtures controlled under this ECCN License Requirements legal purpose unrelated to chemical when the controlled chemical in the Reason for Control: CB, CW, AT weapons. mixture is a normal ingredient in a. Chemicals Not Eligible: consumer goods packaged for retail sale Control(s) Country chart A. [RESERVED] for personal use. Such consumer goods B. CWC Schedule 2 chemicals (States are classified as EAR99. CB applies to entire CB Column 2. not Party to the CWC). No CWC Note to Mixtures: Calculation of entry. Schedule 2 chemical or mixture concentrations of AG-controlled identified in 1C350.b is eligible for chemicals: CW applies to 1C350 .b and .c. The sample shipment to States not Party to a. Exclusion. No chemical may be Commerce Country Chart is not the CWC (destinations not listed in added to the mixture (solution) for the designed to determine licensing Supplement No. 2 to part 745 of the sole purpose of circumventing the requirements for items controlled for EAR) without a license. Export Administration Regulations; CW reasons. A license is required, for b. Countries Not Eligible: The b. Percent Weight Calculation. When CW reasons, to export or reexport following countries are not eligible to calculating the percentage, by weight, of

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components in a chemical mixture, b.3. (C.A.S. #78–38–6) Diethyl the CWC, as follows, and mixtures in include all components of the mixture, ethylphosphonate; which at least one of the following including those that act as solvents. b.4. (C.A.S. #15715–41–0) Diethyl chemicals constitutes 30 percent or 3. COMPOUNDS. Compounds created methylphosphonite; more of the weight of the mixture: with any chemicals identified in this b.5. (C.A.S.#2404–03–7) Diethyl-N,N- d.1. (C.A.S. #1341–49–7) Ammonium ECCN 1C350 may be shipped NLR (No dimethylphosphoroamidate; ; License Required), without obtaining an b.6. (C.A.S. #5842–07–9) N,N- d.2. (C.A.S. #107–07–3) 2- End-Use Certificate, unless those Diisopropyl-beta-aminoethane thiol; Chloroethanol; compounds are also identified in this b.7. (C.A.S. #4261–68–1) N,N- d.3. (C.A.S. #100–37–8) N,N- entry or require a license for reasons set Diisopropyl-beta-aminoethyl chloride Diethylaminoethanol; forth elsewhere in the EAR. hydrochloride; d.4. (C.A.S. #108–18–9) Di- 4. TESTING KITS: Certain medical, b.8. (C.A.S. #96–80–0) N,N- isopropylamine; analytical, diagnostic, and food testing Diisopropyl-beta-aminoethanol; d.5. (C.A.S. #124–40–3) kits containing small quantities of b.9. (C.A.S. #96–79–7), N,N- Dimethylamine; chemicals identified in this ECCN Diisopropyl-beta-aminoethyl chloride; d.6. (C.A.S. #506–59–2) 1C350, are excluded from the scope of b.10. (C.A.S. #6163–75–3) Dimethyl Dimethylamine hydrochloride; this ECCN and are controlled under ethylphosphonate; d.7. (C.A.S. #7664–39–3) Hydrogen ECCN 1C395 or 1C995. (Note that b.11. (C.A.S. #756–79–6) Dimethyl fluoride; replacement for such kits are methylphosphonate; d.8. (C.A.S. #3554–74–3) 3-Hydroxyl- controlled by this ECCN 1C350 if the b.12. (C.A.S. #1498–40–4) Ethyl 1-methylpiperidine; reagents contain one or more of the phosphonous dichloride [Ethyl d.9. (C.A.S. #76–89–1) Methyl precursor chemicals identified in 1C350 phosphinyl dichloride]; benzilate; in concentrations equal to or greater b.13. (C.A.S. #430–78–4) Ethyl d.10. (C.A.S. #1314–80–3) Phosphorus than the control levels for mixtures phosphonus difluoride [Ethyl pentasulfide; indicated in 1C350.) phosphinyl difluoride]; d.11. (C.A.S. #75–97–8) ; Technical Notes: 1. For purposes of b.14. (C.A.S. #1066–50–8) Ethyl d.12. (C.A.S. #151–50–8) Potassium this entry, a ‘‘mixture’’ is defined as a phosphonyl dichloride; ; , liquid or gaseous product made b.15. [RESERVED] d.13. (C.A.S. #7789–23–3) Potassium up of two or more components that do b.16. [RESERVED] fluoride; not react together under normal storage b.17. [RESERVED] d.14. (C.A.S. #7789–29–9) Potassium conditions. b.18. (C.A.S. #464–07–3) Pinacolyl ; 2. The scope of this control applicable ; d.15. (C.A.S. #3731–38–2) 3- to Hydrogen Fluoride (see 1C350.d.7 in b.19. (C.A.S. #1619–34–7) 3- Quinuclidone; the List of Items Controlled) includes its Quinuclidinol; d.16. (C.A.S. #1333–83–1) liquid, gaseous, and aqueous phases, b.20. (C.A.S. #111–48–8) bifluoride; and hydrates. Thiodiglycol. d.17. (C.A.S. #143–33–9) Sodium c. Australia -controlled cyanide; License Exceptions precursor chemicals also identified as d.18. (C.A.S. #7681–49–4) Sodium * * * * * Schedule 3 chemicals under the CWC, fluoride; as follows, and mixtures in which at d.19. (C.A.S. #1313–82–2) Sodium List of Items Controlled least one of the following chemicals sulfide; Unit: *** constitutes 30 percent or more of the d.20. (C.A.S. #637–39–8) Related Controls: The chemicals 0- weight of the mixture: Triethanolamine hydrochloride; Ethyl-2-diisopropylaminoethyl methyl c.1. (C.A.S. #762–04–9) Diethyl I 15. In supplement No. 1 to part 774, phosphonite (QL) (C.A.S. #57856–11–8); phosphite; Category 1—Materials, Chemicals, Ethyl phosphonyl difluoride (C.A.S. c.2. (C.A.S. #868–85–9) Dimethyl ‘‘Microorganisms,’’ and Toxins—Export #753–98–0); and Methyl phosphonyl phosphite (dimethyl hydrogen Control Classification Number 1C355 difluoride.(C.A.S. #676–99–3); phosphite); revise the Related Controls and Items methylphosphinyl dichloride (C.A.S. c.3. (C.A.S. #10025–87–3) Phosphorus paragraphs of the List of Items Controlled 676–83–5); methylphosphinyl oxychloride; section to read as follows: difluoride (C.A.S. #753–59–3); and c.4. (C.A.S. #10026–13–8) Phosphorus methylphosphonyl dichloride (C.A.S. # pentachloride; 1C355 Chemical Weapons Convention 676–.97–1) are subject to the licensing c.5. (C.A.S. #7719–12–2) Phosphorus (CWC) Schedule 2 and 3 chemicals and jurisdiction of the Directorate of Defense trichloride; families of chemicals not controlled by Trade Controls, U.S. Department of c.6. (C.A.S. #10025–67–9) ECCN 1C350 or by the Department of State. monochloride; State under the ITAR Related Definitions: *** c.7. (C.A.S. #10545–99–0) Sulfur * * * * * Items: dichloride; a. [RESERVED] c.8. (C.A.S. #7719–09–7) Thionyl List of Items Controlled b. Australia Group-controlled chloride; Unit: * * * precursor chemicals also identified as c.9. (C.A.S. #102–71–6) Related Controls: See also ECCNs Schedule 2 chemicals under the CWC, Triethanolamine; 1C350, 1C351, 1C395, and 1C995. See as follows, and mixtures in which at c.10. (C.A.S. #122–52–1) Triethyl §§ 742.18 and 745.2 of the EAR for End- least one of the following chemicals phosphite; Use Certification requirements. constitutes 30 percent or more of the c.11. (C.A.S. #121–45–9) Trimethyl Related Definitions: * * * weight of the mixture: phosphite. Items: b.1. (C.A.S. #7784–34–1) d. Other Australia Group-controlled a. CWC Schedule 2 chemicals and trichloride; precursor chemicals not also identified mixtures containing Schedule 2 b.2. (C.A.S. #76–93–7) Benzilic ; as Schedule 1, 2, or 3 chemicals under chemicals:

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a.1. Toxic chemicals, as follows, and ‘‘Microorganisms,’’ and Toxins—Export a.2. Have only a uniform shaped mixtures containing toxic chemicals: Control Classification Number 1C395, conical liner with an included angle of a.1.a. PFIB: 1,1,3,3,3-Pentafluoro-2- revise the Related Controls paragraph in 90 degrees or less; (trifluoromethyl)-1-propene (C.A.S. the List of Items Controlled section is to a.3. Contain more than 0.010 kg but 382–21–8) and mixtures in which PFIB read as follows: less than or equal to 0.090 kg of constitutes more than 1 percent of the controlled materials; and weight of the mixture; 1C395 Mixtures and medical, analytical, diagnostic, and food testing a.4. Have a diameter not exceeding 4.5 a.1.b. [RESERVED] inches; a.2. Precursor chemicals, as follows, kits not controlled by ECCN 1C350, as follows (See List of Items Controlled) b. Shaped charges specially designed and mixtures in which at least one of for oil well operations containing less the following precursor chemicals * * * * * than or equal to 0.010 kg of controlled constitutes more than 10 percent of the List of Items Controlled materials; weight of the mixture: c. Detonation cord or shock tubes a.2.a. Chemicals except for those Unit: * * * containing less than or equal to 0.064 kg listed in Schedule 1, containing a Related Controls: 1. ECCN 1C350 per meter (300 grains per foot) of phosphorus atom to which is bonded controls mixtures containing 30 percent controlled materials; one methyl, ethyl, or propyl (normal or or higher concentrations, by weight, of d. Cartridge power devices, that iso) group but not further atoms. any single CWC Schedule 2 chemical contain less than or equal to 0.70 kg of Note: 1C355.a.2.a does not control identified in ECCN 1C350.b; ECCN Fonofos: O-Ethyl S-phenyl controlled materials in the deflagration 1C995 controls such mixtures material; ethylphosphonothiolothionate (C.A.S. containing concentrations of 10 percent 944–22–9). e. Detonators (electric or nonelectric) or less. 2. ECCN 1C995 controls and assemblies thereof, that contain less a.2.b. FAMILY: N,N-Dialkyl (Me, Et, ‘‘medical, analytical, diagnostic, and n-Pr or i-Pr) phosphoramidic dihalides; than or equal to 0.01 kg of controlled food testing kits’’ (as defined in the materials; a.2.c. FAMILY: Dialkyl (Me, Et, n-Pr Related Definitions paragraph of this or i-Pr) N,N-dialkyl (Me, Et, n-Pr, or i- f. Igniters, that contain less than or ECCN) that contain precursor chemicals equal to 0.01 kg of controlled materials; Pr)-phosphoramidates; listed in ECCN 1C350.d. ECCN 1C350 a.2.d. FAMILY: N,N-Dialkyl (Me, Et, g. Oil well cartridges, that contain less controls any such kits in which the n-Pr or i-Pr) aminoethyl-2- and than or equal to 0.015 kg of controlled amount of any single chemical listed in corresponding protonated ; energetic materials; 1C350.b, .c, or .d exceeds 300 grams by a.2.e. FAMILY: N,N-Dialkyl (Me, Et, h. Commercial cast or pressed weight. n-Pr or i-Pr) aminoethane-2-ols and boosters containing less than or equal to corresponding protonated salts; Related Definitions: * * * 1.0 kg of controlled materials; Note: 1C355.a.2.e. does not control Items: * * * i. Commercial prefabricated slurries N,N–Dimethylaminoethanol and I 17. In supplement No. 1 to part 774, and emulsions containing less than or corresponding protonated salts (C.A.S. Category 1—Materials, Chemicals, equal to 10.0 kg and less than or equal 108–01–0) or N,N–Diethylaminoethanol ‘‘Microorganisms,’’ and Toxins—Export to thirty-five percent by weight of USML and corresponding protonated salts Control Classification Number 1C992, controlled materials; (C.A.S. 100–37–8). revise the heading, and the Related j. Cutters and severing tools a.2.f. FAMILY: N,N–Dialkyl (Me, Et, Controls and Items paragraphs of the List containing less than or equal to 3.5 kg n-Pr or i-Pr) aminoethane-2-thiols and of Items Controlled section to read as of controlled materials; corresponding protonated salts. follows: k. Pyrotechnic devices when designed b. CWC Schedule 3 chemicals and exclusively for commercial purposes mixtures containing Schedule 3 1C992 Commercial charges and devices containing energetic materials, (e.g., theatrical stages, motion picture chemicals: special effects, and fireworks displays) b.1. Toxic chemicals, as follows, and n.e.s and nitrogen trifluoride in a gaseous state and containing less than or equal to 3.0 mixtures in which at least one of the kg of controlled materials; or following toxic chemicals constitutes 30 * * * * * l. Other commercial explosive devices percent or more of the weight of the and charges not controlled by 1C992.a mixture: List of Items Controlled through .k containing less than or equal b.1.a. : Carbonyl dichloride Unit: * * * to 1.0 kg of controlled materials. (C.A.S. 75–44–5); Related Controls: (1) Commercial b.1.b. chloride (C.A.S. 506– Note: 1C992.l includes automotive charges and devices containing USML 77–4); safety devices; extinguishing systems; controlled energetic materials that b.1.c. (C.A.S. 74– cartridges for riveting guns; explosive exceed the quantities noted or that are 90–8); charges for agricultural, oil and gas not covered by this entry are controlled b.1.d. Chloropicrin: operations, sporting goods, commercial under 1C018. (2) Nitrogen trifluoride Trichloronitromethane (CAS 76–06–2). mining, or public works purposes; and b.2. Precursor chemicals, as follows, when not in a gaseous state is controlled delay tubes used in the assembly of and mixtures in which at least one of under 1C018. commercial explosive devices. the following precursor chemicals Related Definitions: * * * m. Nitrogen trifluoride (NF3) in a constitutes 30 percent or more of the Items: gaseous state. weight of the mixture: a. Shaped charges specially designed I 18. In supplement No. 1 to part 774, b.2.a. Ethyldiethanolamine (C.A.S. for oil well operations, utilizing one Category 1—Materials, Chemicals, 139–87–7); charge functioning along a single axis, ‘‘Microorganisms,’’ and Toxins—Export b.2.b. Methyldiethanolamine (C.A.S. that upon detonation produce a hole, Control Classification Number 1C995, 105–59–9). and revise the Related Controls paragraph of I 16. In supplement No. 1 to part 774, a.1. Contain any formulation of the List of Items Controlled section to Category 1—Materials, Chemicals, controlled materials; read as follows:

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1C995 Mixtures not controlled by SUMMARY: We, the Office of Surface Authority: 30 U.S.C. 1201 et seq. ECCN 1C350, ECCN 1C355 or ECCN Mining Reclamation and Enforcement I 2. Section 913.10 is amended by 1C395 that contain chemicals (OSM), are amending our regulations to revising paragraph (a) to read as follows: controlled by ECCN 1C350 or ECCN reflect a change in the address for the 1C355 and medical, analytical, Illinois Department of Natural § 913.10 State regulatory program diagnostic, and food testing kits not Resources. We are also deleting approval. controlled by ECCN 1C350 or ECCN information which is repetitive in * * * * * 1C395 that contain chemicals nature. These actions are editorial in (a) Illinois Department of Natural controlled by ECCN 1C350.d, as follows nature and are intended to provide Resources, Office of Mines and (see List of Items Controlled). accuracy to the agency’s regulations. Minerals, Land Reclamation Division, This rule is being made effective One Natural Resources Way, * * * * * immediately in order to provide the Springfield, Illinois 62701–1787. List of Items Controlled public with up-to-date information. * * * * * Unit: * * * EFFECTIVE DATE: July 19, 2004. I 3. Section 913.20 is amended by Related Controls: 1. ECCN 1C350 FOR FURTHER INFORMATION CONTACT: revising paragraph (a) to read as follows: Andrew R. Gilmore, Director, controls mixtures containing 30 percent § 913.20 Approval of Illinois abandoned or higher concentrations of any single Indianapolis Field Office, Minton- mine land reclamation plan. CWC Schedule 2 chemical identified in Capehart Federal Building, 575 North Pennsylvania Street, Room 301, * * * * * ECCN 1C350.b. ECCN 1C395 controls (a) Illinois Department of Natural Indianapolis, Indiana 46204. Telephone: mixtures containing concentrations of Resources, Office of Mines and (317) 226–6700. Internet address: more than 10 percent, but less than 30 Minerals, Abandoned Mine Land [email protected]. percent, of any single CWC Schedule 2 Reclamation Division, One Natural chemical identified in ECCN 1C350.b. 2. SUPPLEMENTARY INFORMATION: We are Resources Way, Springfield, Illinois ECCN 1C350 controls mixtures amending our regulations at 30 CFR part 62701–1787. containing chemicals identified in 913 to reflect a change in the address for * * * * * ECCN 1C350.c or .d that exceed the the Illinois Department of Natural levels indicated in Resources, Office of Mines and § 913.25 [Amended] 1C995.a.2. 3. ECCN 1C355 controls Minerals’ Land Reclamation Division I 4. Section 913.25 is amended by mixtures containing chemicals and Abandoned Mine Lands removing paragraph (a) and the identified in ECCN 1C355 that exceed Reclamation Division. Illinois recently designation ‘‘(b)’’ from paragraph (b). the concentration levels indicated in moved its offices to One Natural 1C995.b. 4. ECCN 1C395 controls Resources Way, Springfield, Illinois. We [FR Doc. 04–16291 Filed 7–16–04; 8:45 am] ‘‘medical, analytical, diagnostic, and are updating the addresses for the BILLING CODE 4310–05–P food testing kits’’ (as defined in the location of the publicly available copies Related Controls paragraph of this of the Illinois regulatory program ECCN) that contain CWC Schedule 2 or (Illinois program) and the Illinois DEPARTMENT OF HOMELAND 3 chemicals listed in 1C350.b or .c. Abandoned Mine Land Reclamation SECURITY ECCN 1C350 controls any such testing (AMLR) plan. These changes will ensure Coast Guard kits in which the amount of any single awareness of the current location where chemical listed in 1C350.b, .c., or .d the public may inspect the Illinois 33 CFR Part 100 exceeds 300 grams by weight. program and the Illinois AMLR plan. Related Definitions: * * * [CGD05–04–129] Items: * * * Technical Change RIN 1625–AA08 Dated: July 12, 2004. In this document, we are updating 30 Peter Lichtenbaum, CFR 913.10 and 913.20 to reflect the Special Local Regulations for Marine Assistant Secretary for Export new location where the public may Events; Atlantic Ocean, Atlantic City, Administration. inspect copies of the Illinois program NJ [FR Doc. 04–16351 Filed 7–16–04; 8:45 am] and the Illinois AMLR plan. We are also revising 30 CFR 913.25 by removing AGENCY: Coast Guard, DHS. BILLING CODE 3510–33–P information regarding addresses that is ACTION: Temporary final rule. duplicative of the information in 30 CFR 913.20. SUMMARY: The Coast Guard is DEPARTMENT OF THE INTERIOR establishing temporary special local List of Subjects in 30 CFR Part 913 regulations for the OPA Atlantic City Office of Surface Mining Reclamation Intergovernmental relations, Surface Grand Prix, a marine event to be held and Enforcement mining, Underground mining. on the of the Atlantic Ocean adjacent to Atlantic City, New Jersey. Dated: June 2, 2004. 30 CFR Part 913 These special local regulations are Charles E. Sandberg, [IL–102–FOR] necessary to provide for the safety of life Regional Director, Mid-Continent Regional on navigable waters during the event. Coordinating Center. Illinois Regulatory Program and Illinois This action is intended to restrict vessel Abandoned Mine Land Reclamation I For the reasons set out in the preamble, traffic in portions of the Atlantic Ocean Plan 30 CFR part 913 is amended as set forth adjacent to Atlantic City, New Jersey below: during the event. AGENCY: Office of Surface Mining DATES: Reclamation and Enforcement, Interior. This rule is effective from 9:30 PART 913—ILLINOIS a.m. to 3:30 p.m. on July 18, 2004. ACTION: Final rule; technical I 1. The authority citation for part 913 ADDRESSES: Documents indicated in this amendment. continues to read as follows: preamble as being available in the

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