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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
Schedule 1
A. Toxic chemicals:
1 H-alkyl H or C10, incl. cycloalkyl N-1-dialkylC10, incl.
cycloalkylaminoalkylideneH or C10, incl. cycloalkyl phosphonamidic fluorides and corresponding alkylated or protonated salts e.g. N-1-di-n-decylamino-ndecylidene-P-decylphosphonamidic fluoride CAS No. 2387495998
Methyl-1diethylaminoethylidene phosphonamidofluoridate CAS No.
2387496128
2 O-alkyl H or C10, incl.
cycloalkyl N-1-dialkylC10, incl.
cycloalkylaminoalkylideneH or C10, incl. cycloalkyl phosphoramidofluoridates and corresponding alkylated or protonated salts e.g. O-n-Decyl N-1-di-n-decylamino-ndecylidenephosphoramidofluoridate CAS No. 2387496004
Methyl 1diethylaminoethylidene phosphoramidofluoridate CAS No.
2387496048
Ethyl 1diethylaminoethylidene phosphoramidofluoridate CAS No.
2387496060
3 Methylbisdiethylaminomethylene phosphonamidofluoridate CAS No.
2387496140
4 Carbamates quaternaries and bisquaternaries of dimethylcarbamoyloxypyridines Quaternaries of dimethylcarbamoyloxypyridines:
1-N,N-dialkylC10-N-n-hydroxyl, cyano, acetoxyalkylC10 ammonion-N-3-dimethylcarbamoxy-apicolinyl-N,N-dialkylC10
ammoniodecane dibromide n=18
e.g. 1-N,N-dimethyl-N-2hydroxyethylammonio-10-N-3dimethylcarbamoxy-a-picolinyl-N,Ndimethylammoniodecane dibromide CAS No. 77104622
Bisquaternaries of dimethylcarbamoyloxypyridines:
1,n-BisN-3-dimethylcarbamoxy-apicolyl-N,N-dialkylC10 ammonioalkane-2,n-1-dione dibromide n=212
e.g. 1,10-BisN-3-dimethylcarbamoxya-picolyl-N-ethyl-Nmethylammoniodecane-2,9-dione dibromide CAS No. 77104008.
Notice of Inquiry on the Impact of Proposed Additions to CWC Schedule 1
Pursuant to Condition 23 to Senate Resolution 75 S. Res. 75, April 24,
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1997, and as delegated from the President, the Secretary of State, in coordination with other U.S.
Government departments and agencies, including the Department of Commerce, must submit a report to the Senate Committee on Foreign Relations detailing, inter alia, the likely impact on United States industry of the proposed addition of a chemical or biological substance to a schedule in the CWC
Annex on Chemicals. Consistent with Condition 23, on August 14, 2019, BIS
published a notice of inquiry 84 FR
40389 that requested public comments as to whether the legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms in the United States would be significantly harmed by the limitations that would be imposed on access to, and production of, the compounds included in certain chemical families that had been proposed for addition to Schedule 1 in the CWC Annex on Chemicals.
BIS did not receive any public comments in response to this notice of inquiry. Of the chemical families at issue, three families of chemicals and one individual chemical from a fourth family, as described above, were added to Schedule 1 by the decisions adopted at the Conference of the States Parties in November 2019. These additions to Schedule 1 are reflected in the amendments to the CWCR and the EAR described below.
Amendments to Supplement No. 1 to Part 712 of the CWCR Schedule 1
Chemicals Supplement No. 1 to part 712 of the CWCR identifies Schedule 1
chemicals listed in the CWC Annex on Chemicals. This rule amends Supplement No. 1 to: 1 Include the three chemical families and one individual chemical that were added to Schedule 1; and 2 add a Note 3
following the list of chemicals to explain that the numerical sequence of the Schedule 1 Toxic Chemicals and Precursors specified therein is not consecutive so as to align with the December 23, 2019, consolidated textual changes to the Annex on Chemicals, which reflect the decisions adopted by the CWC Conference of the States Parties in November 2019. Specifically, the chemicals listed in Schedule 1A, Toxic Chemicals, are numbered 18 and 1316 the latter includes 16.1 and 16.2, while the chemicals listed in Schedule 1B, Precursors, are numbered 912.
This rule does not amend any of the declaration, advance notification, reporting or verification requirements in
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part 712 of the CWCR that apply to Schedule 1 chemicals or facilities involved in the production of such chemicals. Although the newly added Schedule 1 chemicals are now subject to these requirements, BIS estimates that the amendments made by this rule will not significantly affect the public burden imposed by these requirements because very few if any commercial facilities in the United States produce these chemicals. Consistent with this estimate, BIS did not receive any responses to its August 2019 notice of inquiry requesting public comments on the impact on U.S. industry of the proposed addition of the families of chemicals at issue to Schedule 1 of the CWC Annex on Chemicals. As further evidence of the limited scope of any potential commercial applications, these chemicals are defense articles subject to the export licensing jurisdiction of the U.S. Department of State as described below.
Amendments to Supplement No. 1 to Part 745 of the EAR Schedules of Chemicals Supplement No. 1 to part 745 of the EAR includes the three schedules of Chemicals Schedules 1, 2 and 3
contained in the CWC Annex on Chemicals. This rule amends Schedule 1 in Supplement No. 1 to reflect the decisions adopted at the November 2019
CWC Conference of the States Parties to add three chemical families and one individual chemical to Schedule 1 in the CWC Annex on Chemicals. In addition, this rule revises the formats of Schedule 2 and Schedule 3 for consistency with the format of Schedule 1, as amended by this rule.
This rule also adds a Note following the list of chemicals in Supplement No. 1 to explain that the numerical sequence of the Schedule 1 Toxic Chemicals and Precursors specified therein is not consecutive so as to align with the December 23, 2019, consolidated textual changes to the Annex on Chemicals, which reflect the decisions adopted by the CWC Conference of the States Parties in November 2019. Specifically, the chemicals listed in Schedule 1A, Toxic Chemicals, are numbered 18 and 1316 the latter includes 16.1 and 16.2, while the chemicals listed in Schedule 1B, Precursors, are numbered 912.
This rule does not amend the advance notification and reporting requirements for exports of Schedule 1 chemicals described in 745.1 of the EAR, which are, for all practical purposes, a crossreference to or general restatement of the requirements in 712.6 of the CWCR
except that the CWCR requirements
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