[Federal Register: December 23, 2004 (Volume 69, Number 246)]
[Rules and Regulations]
[Page 76842-76844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de04-5]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 041123328-4328-01]
RIN 0694-AD16
Revision of Export Control Classification Number (ECCN) 2B351 To
Conform With the Australia Group (AG) ``Control List of Dual-Use
Chemical Manufacturing Facilities and Equipment and Related
Technology''
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
final rule to amend the Export Administration Regulations (EAR) by
revising the Commerce Control List (CCL) entry that describes controls
on certain toxic gas monitoring systems to conform with the Australia
Group (AG) ``Control List of Dual-Use Chemical Manufacturing Facilities
and Equipment and Related Technology.'' Specifically, this final rule
removes a technical note that contained an overly broad description of
the types of toxic gas monitoring systems and detectors subject to
chemical/biological (CB) controls under the EAR. The note covered a
number of toxic gas monitoring systems and detectors not included on
the AG control list. By removing the technical note, this final rule
eliminates the CB license requirement for these toxic gas monitoring
systems and detectors. Toxic gas monitoring systems and detectors that
are included on the AG control list continue to require a license, for
CB reasons, to certain destinations.
DATES: This rule is effective December 23, 2004.
ADDRESSES: You may submit comments, identified by RIN 0694-AD16, by any
of the following methods:
E-mail: wfisher@bis.doc.gov. Include ``RIN 0694-AD16'' in
the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy
Division, by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, ATTN: RIN 0694-AD16.
FOR FURTHER INFORMATION CONTACT: Mark Sagrans, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, Telephone: (202) 482-7900.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS) is amending the Export
Administration Regulations (EAR) by revising Export Control
Classification Number (ECCN) 2B351 on the Commerce Control List (CCL)
(Supplement No. 1 to Part 774 of the EAR) to conform with the Australia
Group (AG) ``Control List of Dual-Use Chemical Manufacturing Facilities
and Equipment and Related Technology.''
[[Page 76843]]
The AG is a multilateral forum, consisting of 38 participating
countries, that maintains export controls on a list of chemicals,
biological agents, and related equipment and technology that could be
used in a chemical or biological weapons program. The AG periodically
reviews items on its control list to enhance the effectiveness of
participating governments' national controls and to achieve greater
harmonization among these controls.
Specifically, this rule revises ECCN 2B351 by removing the
Technical Note at the end of the entry. BIS is removing this Technical
Note because it is not included in the AG ``Control List of Dual-Use
Chemical Manufacturing Facilities and Equipment and Related
Technology'' and its inclusion in ECCN 2B351 resulted in controls on
certain toxic gas monitoring systems and devices not designed for the
detection of chemical warfare agents or precursors. The wording of the
Technical Note indicated that the toxic gas monitoring systems
controlled under ECCN 2B351.a included systems (such as environmental
air pollution detectors, anesthetic gas monitors for patients, and
sulfur hexafluoride detectors) that have a detection capability for
chemicals, which contain phosphorus, sulfur, fluorine or chlorine, but
are not controlled under ECCN 1C350.
As a result of the removal of the Technical Note by this final
rule, ECCN 2B351.a no longer controls toxic gas monitoring systems that
have a detection capability for chemicals (other than chemical warfare
agents), which contain phosphorus, sulfur, fluorine or chlorine, but
are not controlled under ECCN 1C350. A license no longer is required,
for chemical/biological (CB) reasons, to export or reexport such
systems; however, such systems may require a license for reasons
specified elsewhere in the EAR (e.g., the end-user/end-use restrictions
described in Part 744 of the EAR or the restrictions described in Part
746 of the EAR that apply to embargoed countries). Systems designed for
continuous operation that are capable of detecting chemical warfare
agents or any of the chemicals controlled under ECCN 1C350 (including
those containing phosphorus, sulfur, fluorine or chlorine), at
concentrations of less than 0.3 mg/m3, continue to be
controlled under ECCN 2B351.a and continue to require a license, for CB
reasons, to destinations listed in Country Group D:3 (as specified in
Supplement No. 1 to Part 740 of the EAR).
Although the Export Administration Act expired on August 20, 2001,
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783
(2002)), as extended by the Notice of August 6, 2004 (69 FR 48763,
August 10, 2004), continues the Regulations in effect under the
International Emergency Economic Powers Act .
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has been approved by OMB under Control Number
0694-0088 (Multi-Purpose Application), which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to David Rostker, Office of Management and Budget (OMB), by e-
mail to David_Rostker@omb.eop.gov, or by fax to (202) 395-7285; and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under 5 U.S.C. 553 or by any other
law, the analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.
Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis.
List of Subjects in 15 CFR Part 774
Exports, Foreign trade, Reporting and recordkeeping requirements.
0
Accordingly, Part 774 of the Export Administration Regulations (15 CFR
Parts 730-799) is amended as follows:
PART 774--[AMENDED]
0
1. The authority citation for 15 CFR Part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec.
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 6, 2004, 68 FR 47833 (August 10, 2004).
Supplement No. 1 to Part 774 [Amended]
0
2. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B351 is revised to read as
follows:
2B351 Toxic gas monitoring systems that operate on-line and dedicated
detectors therefor.
License Requirements
Reason for Control: CB, AT.
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Control(s) Country chart
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CB applies to entire entry............... CB Column 3.
AT applies to entire entry............... AT Column 1.
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License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: Equipment in number.
Related Controls: See ECCNs 1A004 and 1A995 for detection
equipment that is not covered by this entry.
Related Definitions: For the purposes of this entry, the term
``continuous operation'' describes the capability of the equipment
to operate on line without human intervention. The intent of this
entry is to control toxic gas monitoring systems capable of
collection and detection of samples in environments such as chemical
plants, rather than those used for batch-mode operation in
laboratories.
Items:
a. Designed for continuous operation and usable for the
detection of chemical warfare agents or chemicals controlled by
1C350 at concentrations of less than 0.3 mg/m3; or
b. Designed for the detection of cholinesterase-inhibiting
activity.
[[Page 76844]]
Dated: December 16, 2004.
Peter Lichtenbaum,
Assistant Secretary for Export Administration.
[FR Doc. 04-28104 Filed 12-22-04; 8:45 am]
BILLING CODE 3510-33-P