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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
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 see 5 U.S.C. 553a1.
Immediate implementation of these amendments is non-discretionary and fulfills the United States international obligations under the CWC. The CWC is an international arms control treaty prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of chemical weapons by States Parties in order to eliminate an entire category of weapons of mass destruction. The 193 CWC
States Parties have agreed to, among other things, implement a comprehensive data declaration, notification, and inspection regime for those toxic chemicals and their precursors listed in Schedules 1, 2 or 3
in the CWC Annex on Chemicals the Annex. The amendments set forth in this rule implement two decisions adopted by the States Parties during the OPCWs 24th Conference of the States Parties, held in The Hague, the Netherlands, from November 2529, 2019, and clarify a definition in the CWCR to ensure consistency with the CWCRs declaration requirements regarding the production of Schedule 1, Schedule 2, or Schedule 3
chemicals.
These provisions of the Administrative Procedure Act also are waived for good cause, as unnecessary and contrary to the public interest see 5 U.S.C. 553bB. This rule brings the CWCR and the EAR into conformity with recent updates to Schedule 1 in the Annex by amending Supplement No. 1 to part 712 of the CWCR and Supplement No. 1 to part 745 of the EAR. These changes to the Annex entered into force, with respect to all States Parties to the CWC, on June 7, 2020. As a State Party, the United States became obligated to apply the declaration, advance notification, reporting and verification requirements in part 712 of the CWCR to these newly added Schedule 1 chemicals as of that date.
Because these obligations will have already come into effect by the time this rule is published, a delay of this rulemaking to allow for notice and opportunity for public comment would be unnecessary. As indicated above, the U.S. has no discretion in this matter it must implement these changes as a State Party.
Even if these changes were discretionary, a delay of this rulemaking to allow for notice and opportunity for public comment would be unnecessary.

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Based on the lack of any responses to BISs August 14, 2019, notice of inquiry requesting public comments on the impact of the addition of these chemicals together with others to the Annex, it does not appear that there any many if any chemical, biotechnology, or pharmaceutical firms in the U.S. that would be adversely affected by the substance of this rule. Moreover, these chemicals are defense articles subject to the export licensing jurisdiction of the Department of State under the ITAR
and, consequently, have few potential commercial applications.
Similarly, a delay of this rulemaking to provide notice and opportunity for public comment would be contrary to the public interest, as would a 30-day delay in effective date, given the fact that the restrictions associated with the addition of these chemicals to the Annex have already come into force for CWC States Parties as of June 7, 2020.
Providing notice and opportunity for public comment and a 30-day delay in effectiveness would not only impair the ability of the United States to fulfill its obligations as a State Party in a timely manner, it also might lead the public to mistakenly assume that these changes are discretionary. Such measures might also have a significant adverse impact upon the ability of U.S. companies to comply in a timely fashion with the declaration, advance notification, reporting, and other requirements that apply to these newly added Schedule 1 chemicals, as they would have to wait until the amendments adding these chemicals to the CWCR and the EAR
have taken effect. Consequently, any further delay in implementation would adversely impact the ability of the United States to meet its Schedule 1
chemical declaration, notification, and reporting obligations to the OPCW with respect to these newly added Schedule 1 chemicals. Conversely, timely publication of these regulatory changes, with immediate effectiveness, would provide U.S. companies with adequate time to adjust their recordkeeping and other activities in advance of any deadlines that would apply to the submission of declarations, advance notifications, or reports associated with the newly added Schedule 1
chemicals, thereby making it possible for the U.S. to meet its CWC obligations in this regard.
For similar reasons, application of the APAs notice and comment and 30-day delay in effectiveness requirements to the clarification to the definition of production set forth in 710.1 of the CWCIA made as part of this rule would be unnecessary and contrary to the public interest. The clarification merely
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conforms the definition to language already set forth in the CWCIAs declaration requirements that apply to Schedule 1, Schedule 2, and Schedule 3 chemicals.
Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by the APA or any other law, the analytical requirements of the Regulatory Flexibility Act 5 U.S.C.
601 et seq. are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none has been prepared.
List of Subjects 15 CFR Part 710
Chemicals, Exports, Foreign trade, Imports, Treaties.
15 CFR Part 712
Chemicals, Exports, Foreign trade, Imports, Reporting and recordkeeping requirements.
15 CFR Part 745
Administrative practice and procedure, Chemicals, Exports, Foreign trade, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 710 and 712 of the Chemical Weapons Convention Regulations 15 CFR parts 710722 and part 745 of the Export Administration Regulations 15 CFR parts 730774 are amended as follows:
PART 710GENERAL INFORMATION
AND OVERVIEW OF THE CHEMICAL
WEAPONS CONVENTION
REGULATIONS CWCR
1. The authority citation for 15 CFR
part 710 continues to read as follows:

Authority: 22 U.S.C. 6701 et seq.; E.O.
13128, 64 FR 36703, 3 CFR 1999 Comp., p.
199.

2. In 710.1, the definition of Production is revised to read as follows:

710.1 Definitions of terms used in the Chemical Weapons Convention Regulations CWCR.

Production. Means the formation of a chemical through chemical reaction, including biochemical or biologically mediated reaction see supplement no. 2
to this part.
1 Production of Schedule 1
chemicals means formation through chemical synthesis as well as processing to extract and isolate Schedule 1
chemicals.
2 Production of a Schedule 2 or Schedule 3 chemical means all steps in
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