[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46590-46597]
[FR Doc No: 2021-17647]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 743, 748, 758, and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AF47

Control of Firearms, Guns, Ammunition and Related Articles the
President Determines No Longer Warrant Control Under the United States
Munitions List (USML)

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule; technical corrections.

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SUMMARY: On January 23, 2020, the Department of Commerce published a
final rule in conjunction with a Department of State final rule to
revise Categories I (firearms, close assault weapons and combat
shotguns), II (guns and armaments), and III (ammunition/ordnance) of
the United States Munitions List (USML) and transfer items that no
longer warrant control on the USML in the International Traffic in Arms
Regulations (ITAR) to the Commerce Control List (CCL). This final rule
makes corrections and clarifications to the January 23 rule. The
changes made in this final rule are intended to make the requirements
easier to understand, interpreted consistently, and in accordance with
the intent of the Commerce January 23 rule.

DATES: This rule is effective September 20, 2021.

FOR FURTHER INFORMATION CONTACT: Steven Clagett, Office of
Nonproliferation Controls and Treaty Compliance, Nuclear and Missile
Technology Controls Division, tel.<PHONE_NUMBER> or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On January 23, 2020, the Department of Commerce published the final
rule, Control of Firearms, Guns, Ammunition and Related Articles the
President Determines No Longer Warrant Control Under the United States
Munitions List (USML) (85 FR 4136) (referred to henceforth as the
``Commerce January 23 rule'') in conjunction with a Department of State
final rule to revise Categories I, II, and III of the USML in the ITAR
(85 FR 3819) (referred to henceforth as the ``State January 23 rule'').
The Department of Commerce in issuing the January 23 rule described how
articles the President determined no longer warrant control under USML
Category I--Firearms, Close Assault Weapons and Combat Shotguns;
Category II--Guns and Armament; and Category III--Ammunition/Ordnance
were to be controlled on the CCL of the Export Administration
Regulations (EAR). The Commerce January 23 rule was published in
conjunction with the State January 23 rule, issued by the Department of
State, Directorate of Defense Trade Controls (DDTC), completing the
initial review of the USML that began in 2011 and making conforming
changes to the EAR to control these items on the Commerce Control List
(CCL).
    This final rule makes certain corrections and clarifications for
the changes made in the Commerce January 23 rule. These changes are
made to improve understanding of the 0x5zz Export Control
Classification Numbers (ECCNs) for items that transitioned from USML
Categories I and III to the CCL and to the associated control structure
added to the EAR. These changes are informed by BIS's experience of
licensing, classifying, and enforcing the export control requirements
specific to these items. These changes are also informed by BIS's
experience of conducting outreach and answering questions from the
public on the changes made to the EAR in the Commerce January 23 rule.
The changes made in this final rule are intended to make the
requirements easier to understand, provide for consistent
interpretation, and ensure the requirements are in accordance with the
intent of the Commerce January 23 rule.

Corrections and Clarifications

    In Sec.  740.9(b) (Exports of items temporarily in the United
States), this final rule removes the last sentence of the introductory
text of paragraph (b)(1) and adds that same sentence as introductory
text to paragraph (b). This

sentence applies to all of paragraph (b), and so needed to be placed in
the introductory text of paragraph (b) instead of paragraph (b)(1) to
clarify the scope of its application.
    In Sec.  742.17 (Exports of firearms to OAS member countries), this
final rule revises the cross reference to Sec.  748.12(d)(4) by
updating that to reference paragraph (d)(3) instead of (d)(4).
Paragraph (d)(4) does not exist and paragraph (d)(3) is what is
intended in the described cross reference to Sec.  748.12.
    In Sec.  743.4 (Conventional arms reporting), this final rule
removes the penultimate sentence of paragraph (a). This final rule
removes this sentence to conform with the clarification made to Sec.
758.1(g)(4)(ii) that this requirement only applies when a filer is
following the alternative submission method for conventional arms
reporting.
    In Sec.  743.4, this final rule revises the second sentence of
paragraph (h) to remove the phrase `six character ECCN classification
(i.e., 0A501.a or 0A501.b)' and adds in its place the phrase `items
paragraph classification (i.e., .a, or .b) for ECCN 0A501.' This change
is made to conform with the change made to Sec.  758.1(g)(4)(ii) to
reduce the number of characters to be included in the Commodity
description block to identify ECCN 0A501.a or .b firearms under the
alternative submission method under paragraph (h).
    In Sec.  748.12 (Firearms import certificate or import permit),
this final rule revises paragraph (b)(1) by removing the reference to
supplement no. 6 to part 748. Previously, the second parenthetical
phrase in paragraph (b)(1) caused confusion for some exporters by
incorrectly referencing supplement no. 6, which is reserved. To avoid
this confusion, this final rule clarifies Sec.  748.12(b)(1) by
removing the parenthetical phrase that refers to supplement no. 6 to
part 748. As an additional conforming change, in supplement no. 6 to
part 748, this final rule revises the supplement to remove the heading
and bracketed text to avoid confusion for some exporters. This change
is made to supplement no. 6 to part 748 because the heading and
bracketed text is unnecessary for a reserved supplement. However,
because part 748 includes supplement nos. 7 to 9, this final rule
continues to reserve supplement no. 6, as a placeholder for future use.
    In Sec.  748.12(d) (Procedures for using document with license
application), this final rule revises paragraph (d)(3) to add a new
Note 2. New Note 2 clarifies that license applications for exports and
reexports to an Organization of American States (OAS) member country
must include the initial Inter-American Convention Against the Illicit
Manufacturing of and Trafficking in Firearms, Ammunition, Explosives,
and other Related Materials (Firearms Convention) (FC) Import
Certificate. This note also clarifies that all BIS licenses for ECCNs
0A501 and 0A505 commodities will include a standard rider that requires
that the applicant/exporter have a current FC Import Certificate on
file prior to export. The note clarifies that while FC Import
Certificates are usually valid for 1 year, BIS licenses are valid for 4
years. This clarification addresses a common question that BIS has
received regarding the validity period of FC Import Certificates as
compared to the validity period of BIS licenses. This note clarifies
that it is the responsibility of the exporter to have a current copy of
the FC import certificate prior to making an export under the
authorization of the license.
    Also in Sec.  748.12(e) (Requirement to obtain an import
certificate or permit for other than OAS member states), this final
rule adds a new Note 3 to paragraph (e)(3). New Note 3 clarifies the
requirements for BIS license applications for ECCNs 0A501 and 0A505
commodities when the license application is not for exports to an OAS
country. Note 3 clarifies that license applicants for exports and
reexports to countries requiring that a government-issued certificate
or permit be obtained prior to importing the commodity must have the
initial government-issued certificate or permit prior to any export
under BIS license. Note 3, similar to Note 2, notes the usual, shorter
validity periods of government-issued certificate or permit compared to
the four year validity period of BIS licenses and clarifies that the
applicant/exporter must have a current government-issued certificate or
permit on file prior to export under the license. The rider included on
these licenses also addresses the scenario where if subsequently a
foreign government decides a government issued certificate or permit is
required, the existing license would already take that into account and
require the exporter or reexporter to obtain the government-issued
certificate or permit prior to making the export or reexport. Lastly,
as a conforming change, this final rule redesignates Note 2 to
paragraph (e) as Note 4 to paragraph (e).
    In Sec.  758.1 (The electronic export information (EEI) filing to
the automated export system (AES)), this final rule revises paragraph
(g)(4)(ii) (Identifying end item firearms by ``items'' level
classification or other control descriptor in the EEI filing in AES),
to make two clarifications. The first change clarifies that the
requirement in paragraph (g)(4)(ii) is only applicable when an exporter
will use the alternative submission method under Sec.  743.4(h) for
conventional arms reporting. BIS is making this change in response to
questions from the public asking for clarification because they prefer
using the standard method under Sec.  743.4(h) or, as a result of how
their software systems are set up for filing EEI in AES, that meeting
the requirement under paragraph (g)(4)(ii) is not possible. This
clarification will make it clear that when relying on the standard
method, this additional EEI filing requirement in AES is not
applicable. The second clarification that BIS makes is to shorten the
text required in the commodity description block in the EEI filing in
AES. Instead of requiring the six character ECCN classification (i.e.,
0A501.a or 0A501.b), or, for shotguns controlled under 0A502, the
phrase `0A502 barrel length less than 18 inches,' filers will now be
required, when relying on the alternative submission method, to insert
`.a' or `.b' for 0A501, or `SB' instead of `0A502 barrel length less
than 18 inches'' in the commodity description block in the EEI filing
in AES. This change is possible because the ECCN is already included in
another block in the EEI filing in AES. BIS can therefore shorten the
required text, which will assist filers by eliminating problems related
to the limited number of characters allowed in the commodity
description block, while continuing to allow BIS to identify the items
as firearms and shotguns in the AES data.
    In ECCN 0A018, this final rule removes the ECCN. No items are
currently in this ECCN 0A018, so this change is limited to removing the
heading and the cross reference to 0A505 for ``parts'' and
``components'' for ammunition that, immediately prior to March 9, 2020,
were classified under 0A018.b. Because the January 23 rule has been
effective for over one year, this cross reference is no longer needed.
    In ECCN 0A501, this final rule makes thirteen changes to the
control text for clarity. These changes include adding additional notes
and technical notes, as well as other clarifications to the text to
make the control parameters easier to understand and, therefore,
interpreted consistently. These corrections and clarifications to 0A501
are described as follows:
    This final rule adds a new Technical Note to 0A501.a. This
technical note clarifies that the non-automatic and

semi-automatic firearms described in 0A501 includes those chambered for
the Browning Machine Gun (BMG) cartridge.
    This final rule revises 0A501.c to add the term `striker' after the
term `hammers' in two places to indicate that the term is synonymous
for purposes of this control parameter.
    This final rule adds a new Technical Note to 0A501.c to clarify
that barrel blanks that have reached a stage in manufacturing in which
they are either chambered or rifled are controlled by 0A501.c.
    This final rule revises 0A501.d to remove the phrase `greater than
16 rounds' and add in its place the phrase `17 to 50 rounds' for
clarity.
    This final rule revises Note 2 to 0A501.d to add a cross reference
to the USML to specify that magazines with a capacity greater than 50
rounds are controlled under USML Category I.
    This final rule adds a new Note 3 to 0A501.e. This note clarifies
that the term `frames (receivers)' as used under 0A501.e refers to any
``part'' or ``component'' of the firearm that has or normally has a
serial number when required by law. This new note also clarifies that
the scope of 0A501.e for frames (receivers) is synonymous with a
``part'' or ``component'' that ATF regulates as a ``firearm.''
    This final rule revises ECCN 0A501.y.1 by adding a parenthetical
phrase after the term stocks to clarify that stocks include adjustable,
collapsible, blades and braces. This final rule also adds the terms
`handguards' and `forends' to ECCN 0A501.y.1 to clarify that stocks
also include the handguard and the forend. Both of these amendments to
ECCN 0A501.y.1 are clarifications, not additions to the parameters of
the items controlled under the entry. As a conforming change to the
addition of striker to ECCN 0A501.c, this final rule adds the term
`striker' after the term `hammers' in the parenthetical phrase for the
exclusions from 0A501.y.1.
    This final rule removes and reserves ECCN 0A501.y.2 to .y.5. This
change is made because the vast majority of items that would otherwise
meet the control parameters under 0A501.y.2 to y.5 were subject to the
EAR prior to March 9, 2020 (the effective date of the Commerce January
23 rule) and are designated as EAR99 on the basis of paragraph (b)(1)
of ``specially designed.'' Based on BIS official classifications since
January 23, 2020, no additional commodities have been identified that
would warrant keeping these commodities in 0A501.y. Therefore, the
items that are controlled under ECCN 0A501.y.2 to y.5 are those
commodities that meet the control parameters and were moved to the EAR
on March 9, 2020. However, the items identified as being classified
under 0A501.y.2 to y.5 since January 23, 2020 have not substantively
differed from the other items that were previously subject to the EAR
and designated as EAR99. In addition, trying to keep track of which
commodities are designated EAR99 and which are controlled in 0A501.y.2
to y.5 has created unneeded burdens on industry and the U.S.
Government, so it is warranted to remove these .y paragraphs and treat
these commodities all as EAR99.
    This final rule adds a Technical note 2 to 0A501 to specify that
for purposes of 0A501.e, receivers incorporating any other controlled
``part'' or ``component,'' such as a barrel under 0A501.c, remain
controlled under 0A501.e. BIS has received questions from the public on
the applicability of 0A501.e when a receiver incorporates a ``part'' or
``component'' from one of the items captured under other 0A501
paragraphs. This new Technical Note 2 to 0A501 will make the
relationship between the different items under 0A501 clear.
    This final rule revises Note 3 to 0A501 to redesignate the note as
Note 4 to 0A501 and to add the word `and' between the terms `muzzle
loading' and `black powder.' This clarification is made because some
muzzle loaders use black powder and some muzzle loaders use smokeless
powder, and both are subject to the guidance in the Note.
    The final rule in Note 4 to 0A501 redesignates the note as Note 5
to 0A501 and replaces the phrase `later than' with the word `post' for
clarity. In addition, this final rule adds the word `and' between the
terms `muzzle loading' and `black powder' because, as noted above, some
muzzle loaders use black powder and some muzzle loaders use smokeless
powder, and both are subject to the guidance in the Note.
    This final rule adds a new Note 6 to 0A501, as a conforming change
to the removal of ECCN 0A501.y.2 to .y.5, to specify these ``parts''
and ``components'' previously controlled under 0A501.y.2 to y.5 are
designated as EAR99. This note also eliminates the confusion regarding
whether these ``parts'' or ``components'' are ``specially designed''
for purposes of 0A501.x.
    This final rule adds a Note 7 to 0A501 to clarify how kits of
commodities that contain ``parts'' and ``components'' with different
classifications under 0A501 should be classified. This note clarifies
that the kit should be classified based on the classification of the
most restrictive ``part'' or ``component'' included in the kit. This
guidance is based on existing BIS classification practice, but adding
the new Note 7 to 0A501 will make this clear and hopefully reduce the
number of questions that BIS receives specific to this issue. Note 7 to
0A501 also clarifies that a complete firearm disassembled in kit form
is controlled as a firearm.
    In ECCN 0A505, this final rule makes nine changes to the control
text for clarity. These changes include adding additional notes,
technical notes, or otherwise clarifying or adding text, e.g., adding a
new related definition, to make the control parameters easier to
understand and interpreted consistently. These corrections and
clarifications to 0A505 are as follows:
    This final rule adds an ECCN-specific definition of `marking
rounds' in the Definitions paragraph in the List of Items Controlled
section of ECCN 0A505. This definition clarifies that `marking rounds'
are non-lethal. The definition also clarifies what `marking rounds' are
typically used for and the types of materials used in `marking rounds.'
    This final rule revises ECCN 0A505.b to add the phrase `any
material' to the end of the parenthetical phrase that provides
technical parameters for the types of buckshot controlled. The
inclusion of the phrase `any material' will clarify that 0A505.b
controls plastic and rubber as well as metal buckshot that meet the
control criteria, including the rubber/plastic (less lethal) buckshot
rounds used by law enforcement. Also in 0A505.b, this final rule adds
shotgun shells that contain only, or are for the dispersion of,
chemical irritants to paragraph .b to clarify that such shells are
controlled with buckshot shotgun shells under paragraph .b. This final
rule removes shotgun shells containing only chemical irritants from
ECCN 1A984 (as described further below) and adds them to 0A505.b where
they will be controlled for crime control (CC Column 1), and United
Nations (UN) reasons for control. Because of the controls required on
shotgun shells containing only chemical irritants, it is more
appropriate to control them under 0A505.b, where they will have the
same level of control as they did under 1A984, than under 0A505.c.
    This final rule removes Note 1 to ECCN 0A505.c. Note 1 is no longer
needed because the shotguns shells previously controlled under 1A984
are being moved by this final rule to 0A505.b, eliminating the need for
a cross reference to 1A984 in 0A505.c. As 0A505.c is controlled for UN
and AT reasons only, it was not appropriate to move the shotgun shells
from 1A984 to

0A505.c, because the level of control for 1A984 items is higher than
the level of control for 0A505.c items. Therefore, this rule moves the
shotguns shells from 1A984 to 0A505.b where they will continue to be
controlled at the same level.
    This final rule revises ECCN 0A505.d to add a reference to 0A502 to
clarify that the blank ammunition controlled under 0A505.d includes
blank ammunition for items controlled under 0A502, provided the
ammunition is also not enumerated in USML Category III.
    This final rule also revises ECCN 0A505.d to add a technical note
to clarify that `marking rounds' that have paint or dye as the
projectile are controlled under 0A505.d. As noted above, this rule also
added a Related Definition for `marking rounds;' the new definition and
this new technical note to 0A505.d will enhance understanding of the
controls under 0A505 for `marking rounds.'
    This final rule revises ECCN 0A505.x to remove the reference to
paragraph .d. The reference is redundant to the phrase `or the CCL,'
which includes 0A505.d.
    This final rule redesignates Note 2 to 0A505.x, Note 3 to 0A505.x,
and Note 4 0A505 as Note 1 to 0A505.x, Note 2 to 0A505.x and Note 3 to
0A505, respectively, as conforming changes to the removal of Note 1 to
0A505.c.
    This final rule revises newly redesignated Note 1 to 0A505.x (prior
to this rule designated as Note 2 to 0A505.x), to include, at the end
of the note, the term `frangible projectiles' after the phrase `copper
projectiles.' This change will clarify that the ``parts'' and
``components'' under 0A505.x include `frangible projectiles.' Frangible
projectiles are not made from a lead projectile covered with a copper
jacket, but rather are produced with composite materials of tungsten,
copper, or tin utilizing an injection molding or powder metallurgical
production process.
    This final rule revises newly redesignated Note 3 to 0A505 (prior
to this rule designated as Note 4 to 0A505), by removing the word
`lead' from the term `lead shot' and adding in its place the word
`metal.' This clarification to the control parameter addresses the fact
that steel and bismuth shot are also used for hunting loads, so the
control parameter should not be limited to lead as the only material.
The use of the term `metal shot' instead of `lead shot' will clarify
that other types of shot are also within the control parameter, as was
intended by the Commerce January 23 rule. This final rule also revises
the newly redesignated Note 3 to 0A505 to remove the term `blank' and
adds in its place the correct term `drill.'
    This final rule adds a new Note 4 to ECCN 0A505 to clarify the
items paragraph under which shotgun shells that contain two or more
balls/shot larger than .24-inch are controlled. This note clarifies
that such shotgun shells are controlled under 0A505.b.
    In ECCN 0B501, this final rule clarifies the control text of ECCN
0B501.d by deleting the word `spill' in the phrase `spill boring.' This
final rule also adds the term `reaming' before the term `machines.'
These changes do not change the intended scope of control. These
changes are made for clarity and for consistency with BIS issued
classifications for these types of machines.
    In ECCN 0E505, this final rule makes a correction to the text in
the RS Control paragraph in the License Requirements section. The
phrase `entire entry except' was inadvertently included in the RS
Control paragraph in the Commerce January 23 rule, which created
confusion regarding the intended scope of the RS license requirement.
This final rule removes the unintended phrase `entire entry except'
from the RS license requirement to clarify the scope of the RS license
requirement under ECCN 0E505.
    In ECCN 1A984, this final rule revises the heading of 1A984 to
remove the phrase `unless the shotgun shells contain only chemical
irritant' in the parenthetical phrase that follows the phrase `and
other pyrotechnic articles.' This final rule moves shotgun shells that
contain only chemical irritants to ECCN 0A505.b, as described above
under the description of changes of 0A505.b.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. Sections 4801-4852). ECRA provides the legal
basis for BIS's principal authorities and serves as the authority under
which BIS issues this rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been determined to be significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person may be
required to respond to or 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 OMB control
number.
    This final regulation involves one collection currently approved by
OMB under this collection and control number: The U.S. Census Bureau
collection for the Automated Export System (AES) Program (control
number 0607-0152). This final rule will also affect the information
collection under control number 0607-0152, for filing EEI in AES
because of one change this final rule makes to part 758 of the EAR.
This rule revises Sec.  758.1(g)(4)(ii) to shorten the information that
is required to be included when relying on the alternative method for
identifying end item firearms by ``items'' level classification or
other control descriptor in the EEI filing in AES to make it easier to
fit this identifying information in the Commodity description block in
the EEI filing in AES. This change is not anticipated to result in a
change in the burden under this collection.
    Any comments regarding these collections of information, including
suggestions for reducing the burden, may be submitted online at https://www.reginfo.gov/public/do/PRAMain. Find the particular information
collection by using the search function and entering either the title
of the collection or the OMB Control Number.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4801-4852), this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 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. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.

List of Subjects

15 CFR Parts 740, 748, and 758

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 740, 742, 743, 748,
758, and 774 of the Export Administration Regulations (15 CFR parts
730-774) are amended as follows:

PART 740--LICENSE EXCEPTIONS

0
1. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

0
2. Section 740.9 is amended by:
0
a. Adding introductory text to paragraph (b); and
0
b. Removing the last sentence of paragraph (b)(1) introductory text.
    The addition reads as follows:

Sec.  740.9   Temporary imports, exports, reexports, and transfers (in-
country) (TMP).

* * * * *
    (b) Exports of items temporarily in the United States. No provision
of this paragraph (b), other than paragraph (b)(3), (4), or (5), may be
used to export firearms controlled by ECCN 0A501.a, .b, or shotguns
with a barrel length less than 18 inches controlled in ECCN 0A502.
* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
3. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2020, 85 FR 72897 (November
13, 2020).

0
4. Section 742.17 is amended by revising paragraph (g) to read as
follows:

Sec.  742.17   Exports of firearms to OAS member countries.

* * * * *
    (g) Validity period for licenses. Although licenses generally will
be valid for a period of four years, your ability to ship items that
require an FC Import Certificate or equivalent official document under
this section may be affected by the validity of the FC Import
Certificate or equivalent official document (see Sec.  748.12(d)(3) of
the EAR).

PART 743--SPECIAL REPORTING AND NOTIFICATION

0
5. The authority citation for part 743 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; 78 FR
16129.

0
6. Section 743.4 is amended by removing the penultimate sentence of
paragraph (a) introductory text and revising paragraph (h).
    The revision reads as follows:

Sec.  743.4   Conventional arms reporting.

* * * * *
    (h) Alternative submission method. This paragraph (h) describes an
alternative submission method for meeting the conventional arms
reporting requirements of this section. The alternative submission
method requires the exporter, when filing the required EEI submission
in AES, pursuant to Sec.  758.1(b)(9) of the EAR, to include the items
paragraph classification (i.e., .a, or .b) for ECCN 0A501 as the first
text to appear in the Commodity description block. If the exporter
properly includes this information in the EEI filing in AES, the
Department of Commerce will be able to obtain that export information
directly from AES to meet the U.S. Government's commitments to the
Wassenaar Arrangement and United Nations for conventional arms
reporting. An exporter that complies with the requirements in Sec.
758.1(g)(4)(ii) of the EAR does not have to submit separate annual and
semi-annual reports to the Department of Commerce pursuant to this
section.
* * * * *

PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND
DOCUMENTATION

0
7. The authority citation for part 748 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 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, 2021, 86 FR 43901 (August 10, 2021).

0
8. Section 748.12 is amended by:
0
a. Revising paragraphs (b)(1) and (d)(3);
0
b. Redesignating Note 2 to paragraph (e)(3) as Note 4 to paragraph
(e)(3); and
0
c. Adding Note 3 to paragraph (e)(3).
    The revisions and addition read as follows.

Sec.  748.12  Firearms import certificate or import permit.

* * * * *
    (b) * * *
    (1) Applicants must request that the importer (e.g., ultimate
consignee or purchaser) obtain the FC Import Certificate or an
equivalent official document from the government of the importing
country, and that it be issued covering the quantities and types of
firearms and related items that the applicant intends to export. Upon
receipt of the FC Import Certificate, its official equivalent, or a
copy, the importer must provide the original or a certified copy of the
FC Import Certificate or the original or a certified copy of the
equivalent official document to the license applicant.
* * * * *
    (d) * * *
    (3) Validity period. FC Import Certificates or equivalent official
documents issued by an OAS member country will be valid until the
expiration date on the Certificate or for a period of four years,
whichever is shorter.

    Note 2 to paragraph (d)(3):  Applicants for license applications
for exports and reexports to an OAS member country must submit the
initial FC Import Certificate with the license application. All BIS
licenses for ECCNs 0A501 and 0A505 commodities will include a
standard rider that requires that the applicant/exporter must have a
current FC Import Certificate on file prior to export. Note that
while FC Import Certificates are usually valid for 1 year, BIS
licenses are valid for 4 years. The text of the standard rider will
generally be as follows: ``A current, complete, accurate and valid
Firearms Convention (FC) Import Certificate (or equivalent official
document) shall be obtained, if required by the government of the
importing country, from the Ultimate Consignee and maintained in the
exporter's file prior to any export of the item(s) listed on this
license. A copy shall

be provided to the U.S. Government upon request. (Refer to section
742.17(b) of the EAR for guidance.)''

    (e) * * *

    Note 3 to paragraph (e):  Applicants for license applications
for exports and reexports to countries requiring that a government-
issued certificate or permit be obtained prior to importing the
commodity must have the initial government-issued certificate or
permit prior to any export. All BIS licenses for ECCNs 0A501 and
0A505 commodities will include a standard rider that requires that
the applicant/exporter have a government-issued certificate or
permit on file prior to export. Note that while government-issued
certificates or permits are usually valid for 1 year, BIS licenses
are valid for 4 years. The text of the standard rider will generally
be as follows: ``A current, complete, accurate and valid Firearms
Convention (FC) Import Certificate (or equivalent official document)
shall be obtained, if required by the government of the importing
country, from the Ultimate Consignee and maintained in the
Exporter's file prior to any export of the item(s) listed on this
license. A copy shall be provided to the U.S. Government upon
request. (Refer to Sec.  742.17(b) of the EAR for guidance.)''

* * * * *

Supplement No. 6 to Part 748 [Removed and Reserved]

0
9. Supplement No. 6 to part 748 is removed and reserved.

PART 758--EXPORT CLEARANCE REQUIREMENTS

0
10. The authority citation for part 758 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

0
11. Section 758.1 is amended by revising paragraph (g)(4)(ii) to read
as follows:

Sec.  758.1   The Electronic Export Information (EEI) filing to the
Automated Export System (AES).

* * * * *
    (g) * * *
    (4) * * *
    (ii) Identifying end item firearms by ``items'' level
classification or other control descriptor in the EEI filing in AES.
For any export of items controlled under ECCNs 0A501.a or .b, or
shotguns with a barrel length less than 18 inches controlled under ECCN
0A502, in addition to any other required data for the associated EEI
filing when an exporter will use the alternative submission method
under Sec.  743.4(h) for conventional arms reporting, you must include
the items paragraph classification (i.e., .a, or .b) for ECCN 0A501, or
for shotguns controlled under 0A502 the letters ``SB'' for short barrel
length less than 18 inches as the first text to appear in the Commodity
description block in the EEI filing in AES. (See Sec.  743.4(h) of the
EAR for the use of this information for conventional arms reporting).
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
12. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

Supplement No. 1 to Part 774 [Amended]

0
13. In Supplement No. 1 to part 774, Category 0, remove Export Control
Classification Number (ECCN) 0A018.

0
14. In Supplement No. 1 to part 774, Category 0, revise Export Control
Classification Number (ECCN) 0A501 to read as follows:

0A501 Firearms (except 0A502 shotguns) and related commodities as
follows (see List of Items controlled).

License Requirements

Reason for Control: NS, RS, FC, UN, AT

                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry except 0A501.y.  NS Column 1
RS applies to entire entry except 0A501.y.  RS Column 1
FC applies to entire entry except 0A501.y.  FC Column 1
UN applies to entire entry................  See Sec.   746.1 of the EAR
                                             for UN controls
AT applies to entire entry................  AT Column 1

License Requirement Note: In addition to using the Commerce Country
Chart to determine license requirements, a license is required for
exports and reexports of ECCN 0A501.y.7 firearms to the People's
Republic of China.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: $500 for 0A501.c, .d, and .x.
$500 for 0A501.c, .d, .e, and .x if the ultimate destination is
Canada.
GBS: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in this entry.

List of Items Controlled

Related Controls: (1) Firearms that are fully automatic, and
magazines with a capacity of greater than 50 rounds, are ``subject
to the ITAR.'' (2) See ECCN 0A502 for shotguns and their ``parts''
and ``components'' that are subject to the EAR. Also see ECCN 0A502
for shot-pistols. (3) See ECCN 0A504 and USML Category XII for
controls on optical sighting devices.
Related Definitions: N/A
Items:

    a. Non-automatic and semi-automatic firearms equal to .50
caliber (12.7 mm) or less.

    Note 1 to paragraph 0A501.a:  `Combination pistols' are
controlled under ECCN 0A501.a. A `combination pistol' (a.k.a., a
combination gun) has at least one rifled barrel and at least one
smoothbore barrel (generally a shotgun style barrel).

    Technical Note to 0A501.a:  Firearms described in 0A501.a
includes those chambered for the .50 BMG cartridge.

    b. Non-automatic and non-semi-automatic rifles, carbines,
revolvers or pistols with a caliber greater than .50 inches (12.7
mm) but less than or equal to .72 inches (18.0 mm).
    c. The following types of ``parts'' and ``components'' if
``specially designed'' for a commodity controlled by paragraph .a or
.b of this entry, or USML Category I (unless listed in USML Category
I(g) or (h)): Barrels, cylinders, barrel extensions, mounting blocks
(trunnions), bolts, bolt carriers, operating rods, gas pistons,
trigger housings, triggers, hammers/striker, sears, disconnectors,
pistol grips that contain fire control ``parts'' or ``components''
(e.g., triggers, hammers/striker, sears, disconnectors) and
buttstocks that contain fire control ``parts'' or ``components.''

    Technical Note to 0A501.c:  Barrel blanks that have reached a
stage in manufacturing in which they are either chambered or rifled
are controlled by 0A501.c.

    d. Detachable magazines with a capacity of 17 to 50 rounds
``specially designed'' for a commodity controlled by paragraph .a or
.b of this entry.

    Note 2 to paragraph 0A501.d:  Magazines with a capacity of 16
rounds or less are controlled under 0A501.x; for magazines with a
capacity greater than 50 rounds, see USML Category I.

    e. Receivers (frames) and ``complete breech mechanisms,''
including castings, forgings, stampings, or machined items thereof,
``specially designed'' for a commodity controlled by paragraph .a or
.b of this entry.

    Note 3 to 0A501.e:  Frames (receivers) under 0A501.e refers to
any ``part'' or ``component'' of the firearm that has or is
customarily marked with a serial number when required by law. This
paragraph 0A501.e is synonymous with a ``part'' or ``component''
that is regulated by the Bureau of Alcohol, Tobacco, Firearms and

Explosives (see 27 CFR parts 447, 478, and 479,) as a firearm.

    f. through w. [Reserved]
    x. ``Parts'' and ``components'' that are ``specially designed''
for a commodity classified under paragraphs .a through .c of this
entry or the USML and not elsewhere specified on the USML or CCL.
    y. Specific ``parts,'' ``components,'' ``accessories'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or common to a defense article in USML Category
I and not elsewhere specified in the USML or CCL as follows, and
``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' therefor.
    y.1. Stocks (including adjustable, collapsible, blades and
braces), grips, handguards, or forends, that do not contain any fire
control ``parts'' or ``components'' (e.g., triggers, hammers/
striker, sears, disconnectors);
    y.2 to y.5. [RESERVED]
    y.6. Bayonets; and
    y.7. Firearms manufactured from 1890 to 1898 and reproductions
thereof.

    Technical Note 1 to 0A501:  The controls on ``parts'' and
``components'' in ECCN 0A501 include those ``parts'' and
``components'' that are common to firearms described in ECCN 0A501
and to those firearms ``subject to the ITAR.''

    Technical Note 2 to 0A501:  A receiver with any other controlled
``part'' or ``component'' (e.g., a barrel (0A501.c), or trigger
guard (0A501.x), or stock (0A501.y.1)) is still controlled under
0A501.e.

    Note 4 to 0A501:  Antique firearms (i.e., those manufactured
before 1890) and reproductions thereof, muzzle loading and black
powder firearms except those designs based on centerfire weapons of
a post 1937 design, BB guns, pellet rifles, paint ball, and all
other air rifles are EAR99 commodities.

    Note 5 to 0A501:  Muzzle loading and black powder firearms with
a caliber less than 20 mm that were manufactured post 1937 that are
used for hunting or sporting purposes that were not ``specially
designed'' for military use and are not ``subject to the ITAR'' nor
controlled as shotguns under ECCN 0A502 are EAR99 commodities.

    Note 6 to 0A501:  Scope mounts or accessory rails, iron sights,
sling swivels, and butt plates or recoil pads are designated as
EAR99. These commodities have been determined to no longer warrant
being ``specially designed'' for purposes of ECCN 0A501.

    Note 7 to 0A501:  A kit, including a replacement or repair kit,
of firearms ``parts'' or ``components'' customarily sold and
exported together takes on the classification of the most
restrictive ``part'' or ``component'' that is included in the kit.
For example, a kit containing 0A501.y and .x ``parts,'' is
controlled as a 0A501.x kit because the .x ``part'' is the most
restrictive ``part'' included in the kit. A complete firearm
disassembled in a kit form is controlled as a firearm under 0A501.a,
.b, or .y.7.

0
15. In Supplement No. 1 to part 774, Category 0, revise Export Control
Classification Number (ECCN) 0A505 to read as follows:

0A505 Ammunition as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, CC, FC, UN, AT

                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)

NS applies to 0A505.a and .x..............  NS Column 1
RS applies to 0A505.a and .x..............  RS Column 1
CC applies to 0A505.b.....................  CC Column 1
FC applies to entire entry except 0A505.d.  FC Column 1
UN applies to entire entry................  See Sec.   746.1 of the EAR
                                             for UN controls
AT applies to 0A505.a, .d, and .x.........  AT Column 1
AT applies to 0A505.c.....................  A license is required for
                                             items controlled by
                                             paragraph .c of this entry
                                             to North Korea for anti-
                                             terrorism reasons. The
                                             Commerce Country Chart is
                                             not designed to determine
                                             AT licensing requirements
                                             for this entry. See Sec.
                                             742.19 of the EAR for
                                             additional information.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: $500 for items in 0A505.x, except $3,000 for items in 0A505.x
that, immediately prior to March 9, 2020, were classified under
0A018.b. (i.e., ``Specially designed'' components and parts for
ammunition, except cartridge cases, powder bags, bullets, jackets,
cores, shells, projectiles, boosters, fuses and components, primers,
and other detonating devices and ammunition belting and linking
machines (all of which are ``subject to the ITAR''). (See 22 CFR
parts 120 through 130))
GBS: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 0A505.

List of Items Controlled

Related Controls: (1) Ammunition for modern heavy weapons such as
howitzers, artillery, cannon, mortars and recoilless rifles as well
as inherently military ammunition types such as ammunition
preassembled into links or belts, caseless ammunition, tracer
ammunition, ammunition with a depleted uranium projectile or a
projectile with a hardened tip or core and ammunition with an
explosive projectile are ``subject to the ITAR.'' (2) Percussion
caps, and lead balls and bullets, for use with muzzle-loading
firearms are EAR99 items.
Related Definitions: `Marking rounds' are non-lethal, typically used
for training purposes, and contain a dye or paint in a capsule that
is not a chemical irritant.
Items:

    a. Ammunition for firearms controlled by ECCN 0A501 or USML
Category I and not enumerated in paragraph .b, .c, or .d of this
entry or in USML Category III.
    b. Buckshot (No. 4 .24'' diameter and larger, any material)
shotgun shells and shotgun shells that contain only, or are for the
dispersion of chemical irritants.
    c. Shotgun shells (including less than lethal rounds) that do
not contain buckshot; and ``specially designed'' ``parts'' and
``components'' of shotgun shells.
    d. Blank ammunition for firearms controlled by ECCNs 0A501 or
0A502 and not enumerated in USML Category III.

    Technical Note to 0A505.d:  Includes `marking rounds' that have
paint/dye as the projectile.

    e. through w. [Reserved]
    x. ``Parts'' and ``components'' that are ``specially designed''
for a commodity subject to control in this ECCN or a defense article
in USML Category III and not elsewhere specified on the USML or the
CCL.

    Note 1 to 0A505.x:  The controls on ``parts'' and ``components''
in this entry include Berdan and boxer primers, metallic cartridge
cases, and standard metallic projectiles such as full metal jacket,
lead core, copper projectiles, and frangible projectiles.

    Note 2 to 0A505.x:  The controls on ``parts'' and ``components''
in this entry include those ``parts'' and ``components'' that are
common to ammunition and ordnance described in this entry and to
those enumerated in USML Category III.

    Note 3 to 0A505:  Metal shot smaller than No. 4 Buckshot, empty
and unprimed shotgun shells, shotgun wads, smokeless gunpowder,
`dummy rounds' and `drill rounds' (unless linked or belted), not
incorporating a lethal or non-lethal projectile(s) are designated
EAR99. A `dummy round' or `drill round' is a round that is
completely inert, (i.e., contains no primer, propellant, or
explosive charge). It is typically used to check weapon function and
for crew training.

    Note 4 to 0A505:  Shotgun shells that contain two or more balls/
shot larger than .24-inch are controlled under 0A505.b.

0
16. In Supplement No. 1 to part 774, Category 0, revise Export Control
Classification Number (ECCN) 0B501 to read as follows:

0B501 Test, inspection, and production ``equipment'' and related
commodities for the ``development'' or ``production'' of commodities
enumerated or otherwise described in ECCN 0A501 or USML Category I
as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, UN, AT

                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry except           NS Column 1
 equipment for ECCN 0A501.y.
RS applies to entire entry except           RS Column 1
 equipment for ECCN 0A501.y.
UN applies to entire entry................  See Sec.   746.1 of the EAR
                                             for UN controls
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of all
License Exceptions)

LVS: $3000
GBS: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used to ship any item in this entry.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. Small arms chambering machines.
    b. Small arms deep hole drilling machines and drills therefor.
    c. Small arms rifling machines.
    d. Small arms boring/reaming machines.
    e. Production equipment (including dies, fixtures, and other
tooling) ``specially designed'' for the ``production'' of the items
controlled in 0A501.a through .x. or USML Category I.

0
17. In Supplement No. 1 to part 774, Category 0, revise Export Control
Classification Number (ECCN) 0E505 to read as follows:

0E505 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by 0A505.

License Requirements

Reason for Control: NS, RS, UN, CC, AT

                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)

NS applies to ``technology'' for            NS Column 1
 ``development,'' ``production,''
 operation, installation, maintenance,
 repair, overhaul, or refurbishing
 commodities in 0A505.a and .x; for
 equipment for those commodities in 0B505;
 and for ``software'' for that equipment
 and those commodities in 0D505.
RS applies to ``technology'' for            RS Column 1
 ``development,'' ``production,''
 operation, installation, maintenance,
 repair, overhaul, or refurbishing
 commodities in 0A505.a and .x; for
 equipment for those commodities in 0B505
 and for ``software'' for those
 commodities and that equipment in 0D505.
UN applies to entire entry................  See Sec.   746.1 of the EAR
                                             for UN controls
CC applies to ``technology'' for the        CC Column 1
 ``development'' or ``production'' of
 commodities in 0A505.b.
AT applies to ``technology'' for            AT Column 1
 ``development,'' ``production,''
 operation, installation, maintenance,
 repair, overhaul, or refurbishing
 commodities in 0A505.a, .d, and .x.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any ``technology'' in 0E505.

List of Items Controlled

Related Controls: Technical data required for and directly related
to articles enumerated in USML Category III are ``subject to the
ITAR''.
Related Definitions: N/A
Items: The list of items controlled is contained in this ECCN
heading.

0
18. In Supplement No. 1 to part 774, Category 1, revise Export Control
Classification Number (ECCN) 1A984 to read as follows:

1A984 Chemical agents, including tear gas formulation containing 1
percent or less of orthochlorobenzalmalononitrile (CS), or 1 percent
or less of chloroacetophenone (CN), except in individual containers
with a net weight of 20 grams or less; liquid pepper except when
packaged in individual containers with a net weight of 3 ounces
(85.05 grams) or less; smoke bombs; non-irritant smoke flares,
canisters, grenades and charges; and other pyrotechnic articles
having dual military and commercial use, and ``parts'' and
``components'' ``specially designed'' therefor, n.e.s.

License Requirements

Reason for Control: CC

                                            Country chart (see supp. No.
                Control(s)                         1 to part 738)

CC applies to entire entry................  CC Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-17647 Filed 8-18-21; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Rules and Regulations]
[Page 18055-18056]
[DOCID:fr09ap10-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0203]

Drawbridge Operation Regulation; Mermentau River, Grand Chenier,
LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

-----------------------------------------------------------------------

SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
SR 82 swing span bridge across the Mermentau River, mile 7.1, at Grand
Chenier, Cameron Parish, Louisiana. This deviation is necessary for
electrical and mechanical repairs pertaining to the bridge's main span
drive assembly and system components. This deviation allows the bridge
to remain closed to navigation for approximately 10 weeks.

DATES: This deviation is effective from 7 a.m. on April 21, 2010,
through 7 a.m. on June 30, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0203 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0203 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Kay Wade, Bridge Administration Branch, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation
and Development has requested a temporary deviation from the operating
schedule of the swing span bridge across the Mermentau River at mile
7.1 in Grand Chenier, Cameron Parish, Louisiana. The closure is
necessary in order to perform electrical and mechanical repairs
pertaining to the bridge's main span drive assembly and system
components. This maintenance is essential for the continued operation
of the bridge.
    The operating schedule for the bridge is in 33 CFR 117.480 and
states the bridge opens on signal; except that, from 6 p.m. to 6 a.m.
the draw shall open on signal if at least 4 hours notice is given, for
the passage of vessels. This deviation will allow the bridge to remain
in the closed-to-navigation position from 7 a.m. Wednesday, April 21,
2010, through 7 a.m. Thursday, July 1, 2010.
    The vertical clearance of the swing span bridge in the closed-to-
navigation position is 13.15 feet above Mean High Water, elevation 3.1
feet Mean Sea Level. Vessels are able to transit under the bridge
during operations. There is an alternate navigation route via Grand
Lake for vessels unable to pass under the bridge. Navigation on the
waterway consists of tugs with tows, fishing vessels and recreational
craft. Due to prior experience and coordination with waterway users, it
has been determined that the closure will not have a significant effect
on navigation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This

deviation from the operating regulations is authorized under 33 CFR
117.35.

    Dated: March 30, 2010.
David M. Frank,
Bridge Administrator.
[FR Doc. 2010-8096 Filed 4-8-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Notices]
[Page 38028]
[FR Doc No: 2013-15072]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2206-030]

Duke Energy Progress, Inc.; Notice of Video Conference To Discuss
Yadkin-Pee Dee Hydroelectric Project Biological Opinion

    On April 29, 2013, the National Marine Fisheries Service (NMFS) of
the National Oceanic and Atmospheric Administration filed its
Biological Opinion on the relicensing of the Yadkin-Pee Dee River
Hydroelectric Project No. P-2206. The document included NMFS' terms and
conditions for protection or federally endangered shortnose sturgeon
and Atlantic sturgeon.
    On July 1, 2013, from 9 a.m. to 12 p.m. (Eastern Time), NMFS will
host a video conference to describe and discuss the terms and
conditions in the Biological Opinion. FERC staff will take part in the
meeting.
    With questions regarding participating in the meeting, please
contact Cathy Tortorici of NMFS at<EMAIL_ADDRESS>or at (727)
209-5953. Please do so by Monday, June 24, 2013. With questions
regarding FERC staff's participation in the meeting, please contact
Stephen Bowler at<EMAIL_ADDRESS>or at<PHONE_NUMBER>.

    Dated: June 18, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-15072 Filed 6-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 12, 2007 (Volume 72, Number 47)]
[Notices]
[Page 11025-11026]
[DOCID:fr12mr07-101]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance at Midwest ISO Meetings

March 5, 2007.
    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and Commission staff may attend the following
Midwest ISO meetings:

     Advisory Committee (10 a.m.-4 p.m., EST)
    [cir] March 14
    [cir] May 16
    [cir] June 20
    [cir] July 18
    [cir] August 15
    [cir] September 19
    [cir] October 17
    [cir] November 14
    [cir] December 12
     Board of Directors (8:30 a.m.-10 a.m., EST)
    [cir] March 15
    [cir] April 19
    [cir] June 21
    [cir] August 16
    [cir] October 18
    [cir] December 13
     Board of Directors Markets Committee (8 a.m.-10 a.m., EST)
    [cir] March 14
    [cir] May 16
    [cir] June 20
    [cir] July 18
    [cir] August 15

    [cir] September 19
    [cir] October 17
    [cir] November 14
    [cir] December 12
     Midwest ISO Informational Meetings (12 noon-3 p.m., EST)
    [cir] April 9
    [cir] May 7
    [cir] June 4
    [cir] July 9
    [cir] August 6
    [cir] September 10
    [cir] October 8
    [cir] November 5
    [cir] December 3

    All of the meetings above will be held at: Midwest ISO
Headquarters, 701 City Center Drive and, 630 West Carmel Drive, Carmel,
IN 46032.

     Third Annual Midwest ISO Stakeholders' Meeting (10 a.m.-5
p.m., EST)
    [cir] April 18, University Place Hotel & Conference Center, 850
West Michigan Street, Indianapolis, IN 46202.

    Further information may be found at http://www.midwestiso.org.

    The discussions at each of the meetings described above may address
matters at issue in the following proceedings:

Docket No. ER02-2595, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER04-375, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. ER04-458, et al., Midwest Independent Transmission System
Operator, Inc.
Docket Nos. ER04-691, EL04-104 and ER04-106, et al., Midwest
Independent Transmission System Operator, Inc., et al.
Docket No. ER05-6, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER05-752, Midwest Independent Transmission System Operator,
Inc. and PJM Interconnection, L.L.C.
Docket No. ER05-1083, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER05-1085, et al., Midwest Independent Transmission System
Operator, Inc.
Docket No. ER05-1138, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1201, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER05-1230, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL05-103, Northern Indiana Power Service Co. v. Midwest
Independent Transmission System Operator, Inc. and PJM Interconnection,
L.L.C.
Docket No. EL05-128, Quest Energy, L.L.C. v. Midwest Independent
Transmission System Operator, Inc.
Docket No. ER06-18, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-27, Midwest Independent Transmission System Operator,
Inc., et al.
Docket Nos. EC06-4 and ER06-20, LGE Energy LLC, et al.
Docket No. ER06-360, et al., Midwest Independent Transmission System
Operator, Inc., et al.
Docket No. ER06-356, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER06-532, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL06-31, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. EL06-49, Midwest Independent Transmission System Operator,
Inc., et al.
Docket No. ER06-56, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-478, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER07-550, Midwest Independent Transmission System Operator,
Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Markets and Reliability, Federal Energy Regulatory Commission at (317)
249-5937 or<EMAIL_ADDRESS>or Christopher Miller, Office of
Energy Markets and Reliability, Federal Energy Regulatory Commission at
(317) 249-5936 or<EMAIL_ADDRESS>
Philis J. Posey,
Acting Secretary.
 [FR Doc. E7-4341 Filed 3-9-07; 8:45 am]

BILLING CODE 6717-01-P


Page 1 of 18 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES July 24, 2002 MEMORANDUM SUBJECT: Tolerance Reassessment Decisions Completed by the Inert Ingredient Focus Group FROM: Peter Caulkins, Associate Director Registration Division TO: Betty Shackleford, Acting Associate Director Special Review and Reregistration Division The purpose of this document is to provide the Special Review and Reregistration Division ( SRRD) with an update on tolerance reassessment decisions.

Please find attached the five Decision Documents that represent the Mineral Acids Grouping. In total these documents represent 52 tolerance reassessments.

If you have any comments or questions, please contact Kathryn Boyle at 703 305 6304.

Attachments Page 2 of 18 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES July 24, 2002 MEMORANDUM FROM: Kathryn Boyle, CoChair IIFG and Kerry Leifer, CoChair IIFG TO: Robert Forrest, Chief Minor Use, Inerts, and Emergency Response Branch SUBJECT: IIFG Decision Documents on Reassessing Exemptions from the Requirement of a Tolerance for the Mineral Acids ( Hydrochloric, Carbonic, Phosphoric, and Sulfuric) and their Ammonium, Calcium, Ferrous, Ferric, Magnesium, Potassium, Sodium, and/ or Zinc Salts Collectively these Decision Documents cover four mineral acids and the salts of these acids. The individual Decision Documents are: ( 1) Hydrochloric Acid and Salts, ( 2) Salts of Carbonic Acid, ( 3) Phosphoric Acid and Salts, and ( 4) Sulfuric Acid and Salts. The Inert Ingredient Focus Group reassessment is based on various conclusions of the FAO/ WHO Joint Expert Committee on Food Additives, conclusions of various FDA GRAS ( Generally Recognized As Safe) Assessments, information previously used by OPP as part of the reregistration process, and other information available on government websites.

In total 46 exemptions from the requirement of a tolerance in 40 CFR 180 are reassessed. This total consists of 18 in the phosphoric acid document, nine in the hydrochloric acid document, six in the carbonic acid document, and 13 in the sulfuric acid document. Page 3 of 18 INERT INGREDIENT FOCUS GROUP DECISION DOCUMENT for Salts of Carbonic Acid Petition No.: no Tolerance Reassessments?: yes Chemical Category/ Group: mineral acid and salts The following describes the various ways that salts of carbonic acid are used.

Table 1: Use Pattern ( pesticidal  inert ingredient)

Chemical Name PC Code 40 CFR 180.1001 Inert Use Pattern ( Pesticidal) Current Inert List ammonium bicarbonate 873401 ( c) surfactant, suspending agent, dispersing agent 4B magnesium carbonate 873503 ( c), ( e) anticaking agent, conditioning agent 4B potassium carbonate 873504 ( d) buffering agent 4B sodium bicarbonate 873505 ( c) neutralizer 4A There is also a tolerance exemption for sodium carbonate 40 CFR 180.2.

The tolerance exemptions for calcium carbonate were reassessed in the IIFG Decision Document " Weathered Materials", dated January 31, 2002. Calcium carbonate is a List 4A Potassium bicarbonate ( 40 CFR 180.1177) and sodium bicarbonate ( 40 CFR 180.1176) are used as active ingredients. ( Note that both tolerance exemptions were established post FQPA.) Potassium bicarbonate is used in six products at 204 use sites, which includes many food crops, as well as ornamentals and turf. It is used against 45 pests including mildew and leaf spot. Sodium bicarbonate is in one product which is a product used only to formulate other pesticides. There are no longer any EPA registered active ingredient uses for any of the other above listed Page 4 of 18 carbonate salts.

It is noted that there is information in this document on other carbonate salts for which tolerance exemptions do not currently exist. These data are being used as surrogate data.

Table 2: Use Pattern ( FDA GRAS)

Chemical GRAS Citation GRAS Uses ammonium bicarbonate 21 CFR 184.1135 dough strengthener, leavening agent, pH control agent, texturizer ammonium carbonate 21 CFR 184.1137 leavening agent, pH control agent magnesium carbonate 21 CFR 184.1425 anticaking and free flow agent, flour treating agent, lubricant and release, nutrient supplement, pH control agent, processing aid, synergist potassium bicarbonate 21 CFR 184.1613 formulation aid, nutrient supplement, pH control agent, processing aid potassium carbonate 21 CFR 184.1619 flavoring agent and adjuvant, nutrient supplement, pH control agent, processing aid sodium bicarbonate 21 CFR 184.1736 ( no limitations specified)

sodium carbonate 21 CFR 184.1742 antioxidant, curing and pickling agent, flavoring agent and adjuvant, pH control agent, processing aid Sodium bicarbonate also is used in food contact surface sanitizing solutions under 21 CFR 178.1010. Page 5 of 18 Table 3: Use Pattern ( non pesticidal)

Chemical Uses ammonium bicarbonate in baking powder formulations; in cooling baths; fire extinguishers; manufacture of porous plastics, ceramics; manufacture of dyes and pigments; in compost heaps to accelerate decomposition; as fertilizer; for defatting textiles; in cold wave solutions; in chrome leather tanning; to remove gypsum from heat exchangers and other processing equipment. magnesium carbonate used to prepare high purity magnesium compounds in the paint and printing inks industries; manufacture of fireproofing, fire extinguishing, flooring, and polishing compounds; fillers and smoke suppressants in the plastics and rubber industries; USP grade is used as an additive to table salt to keep it free flowing; a bulking compound in powder formulations; an antacid. potassium carbonate manufacture of soap, glass, pottery, smalts and many potassium salts; in analytical chemistry; Television glass accounts for a substantial portion of the consumption of potassium carbonate because the potassium salt is more compatible with the lead, barium, and strontium oxides contained in these glasses than is sodium carbonate. sodium bicarbonate Leavening agent in baking powder and food ingredients; component of soaps, detergents and pharmaceuticals; agent in leather tanning; textile manufacturing; paper manufacturing; fire extinguishers; in industrial and household chemicals It should be noted that ammonium bicarbonate can be used as a fertilizer. Plants need various elements ( metals and non metals) for proper growth. Especially for agricultural crops, plants are supplied these elements as part of chemical fertilizers. The most important elements for plant growth are nitrogen, phosphorus, and potassium. Other metals needed in the soil for plant up take are calcium, magnesium, iron, and trace elements such as zinc. Ammonium bicarbonate can be intentionally added to growing agricultural crops as needed to promote plant growth.

Assessment of the Salts of Carbonic Acid The ammonium, sodium, potassium, and magnesium salts of carbonic acid are being assessed as a group due to their chemical similarities. However, these salts all contain either the bicarbonate ion ( HCO 3  1 ) or the carbonate ion ( CO 3  2 ), and thus share some common chemistries. A major focus of this assessment is the work previously performed by FDA in assessing the safety of these chemicals as food additives.

1. Physical/ Chemical Properties:

The physical and chemical properties of the salts of carbonic acid are described in the May 7, 2002 EFED Assessment. See attached.

2. Information Sources: Page 6 of 18 The following information was used in performing this assessment: The available information consisted of information retrieved from various websites, such as, ° EPA ( www. epa. gov), ° NIOSH, ( www. cdc. gov/ niosh/ ipcsneng/ neng1333. html), ( www. cdc. gov/ niosh/ ipcsneng/ neng0969. html), ° TOXNET ( www. toxnet. nlm. nih. gov.), ° WHO ( www. inchem. org/ documents/ jecfa/ jecmono/ v17je02. htm)

Various FDA GRAS Assessments were also used.

3. NIOSH ( National Institute for Occupational Safety and Health)

The NIOSH International Chemical Safety Card for ammonium hydrogen carbonate indicates that a TLV ( Threshold Limit Value) has not been established. The chemical can irritate the skin and the respiratory tract.

The NIOSH International Chemical Safety Card for magnesium carbonate indicates a TLV ( Threshold Limit Value) of 10 mg/ m3. The chemical may have effects on the lungs if the magnesite ( the naturally occurring form of magnesium carbonate) contains more than 1% crystalline silica.

4. Acid Characteristics An acid is a substance that when dissolved in water yields H+ ions. The increase of the concentration of the H+ ions lowers the pH. Mineral acids contain a non metal such as phosphorus, nitrogen, sulfur, or chlorine which may or may not be combined with oxygen. When combined with oxygen, these anions can be referred to as oxyanions. Strong acids are those acids that when dissolved completely transfer their H+ ions to water. Others acids such as carbonic are referred to as weak acids: they exist in solution as a mixture of acid molecules and various ions formed by the dissociation of the acid molecule. The predominant anions for carbonic acid are bicarbonate ( HCO 3  1 ) at pHs below 8 and carbonate ( CO 3  2 ) at pHs above 10.

5. Cations: Sodium, Potassium, and Magnesium Generally, when any salt of an acid, such as carbonic acid, is dissolved in water, dissociation yields the anions, which are negatively charged, and a positively charged cation. In the human body, these salts tend to dissociate and thus, for the most part, react in the body as the anion and the cation.

Metals such as sodium, magnesium, and potassium are required for proper functioning of human biological systems. For risk assessment purposes an important feature of these metals is that overall the body does have an effective means of processing them. The primary means of exposure to these cations is ingestion. Four of the most common cations required for functioning Page 7 of 18 of human biology are: sodium, potassium, calcium and magnesium. Chemically, sodium and potassium belong to the same chemical family: calcium and magnesium belong to a different chemical family.

Sodium:

The average human body burden of sodium is approximately 20 grams ( g) for a 70 kilogram ( kg) adult. The sodium cation is necessary for the nerves and muscles to function properly. It is the principal cation of extracellular fluid, and helps to maintain the body's water balance. These electrolytes, the electrically charged ions in the body fluids, consist to a great extent of sodium and potassium. There is no Recommended Dietary Allowance ( RDA) for sodium.

Potassium:

The average human body burden of potassium is approximately 140 g for a 70 kg adult. The potassium cation is important in regulating blood pressure, regulating cellular water content, maintaining proper pH balance, and transmission of nerve impulses. It helps to regulate the electrical activity of the heart and muscles. The potassium RDA is 900 mg/ day.

Magnesium:

The average human body burden of magnesium is approximately 20 g for a 70 kg adult. The magnesium cation is also used in building bones. It plays a role in releasing energy from muscles and regulating body temperature. The RDA for magnesium is 310 to 320 mg/ day for adult females and 400 to 420 mg/ day for adult males with the RDA increasing with increasing age.

6. Ammonium Salt:

Ammonium carbonate salts dissociate to form the positively charged ammonium cation ( NH 4 +). Humans cannot convert atmospheric nitrogen to any form that can be used as part of any of the various metabolic cycles. Therefore, reduced nitrogen ( NH 4 +) has to enter the body from an outside source. These sources are the nitrogen containing amino acids in protein which are consumed daily as part of the diet. Although the human body can produce some amino acids, ten amino acids are considered " essential" amino acids, i. e., they must be consumed in the diet.

Generally the body works to maintain a balance of nitrogen intake and nitrogen excretion. The estimated daily ammonia intake through food and drinking water is 18 mg. In contrast, 4000 mg of ammonia per day are produced endogenously in the human intestine.

Ammonia and the ammonium ion are integral components of normal human metabolic processes. Ammonia is released following deamination that occurs when protein is used by the body for energy production. The liver converts ammonia via the urea cycle into urea. According Page 8 of 18 to FDA in the " Evaluation of the Health Aspects of Certain Ammonium Salts as Food Ingredients" ( 1974), " the normal liver so readily detoxifies ammonium ion from alimentary sources that blood concentrations of ammonium salts do not rise to the levels necessary to evoke toxic response." Approximately 80% of the body's excess nitrogen is eliminated through the kidneys as urea, approximately 25 to 30 grams per day. Page 9 of 18 7. Toxicological Profile Table The Agency has not reviewed any of the toxicological studies in the following table for any of the salts of carbonic acid. The reviews of these studies were obtained from Toxnet, as well as other government websites.

Table 4: Toxicological Profile Chemical Toxicity Other Information Ammonium carbonate Contact with eyes or skin causes irritation, if inhaled will cause difficulty in breathing; Ammonium compounds used as fertilizers are a toxicological hazard when livestock have access to residues or pools of solution on a pasture CERCLA Reportable Quantity: greater than 5000 lb ( 2270 kg);

Designated as a hazardous substance under section 311( b)( 2)( A) of the Federal Water Pollution Control Act and further regulated by the Clean Water Act Ammonium bicarbonate Inhalation may cause respiratory irritation;

Contact with eyes or skin causes irritation;

There appears to be a more rapid excretion of ammonia following ammonium bicarbonate infusions, which result in higher unionized ammonia levels in blood compared with those following ammonium chloride infusions; Mutagenicity: Ames assays strains TA 97 and TA102 with and without rat liver activation: Negative. CERCLA Reportable Quantity: greater than 5000 lb ( 2270 kg);

Designated as a hazardous substance under section 311( b)( 2)( A) of the Federal Water Pollution Control Act and further regulated by the Clean Water Act Page 10 of 18 Magnesium Carbonate Repeated doses may cause diarrhea, which may cause fluid and electrolyte imbalance;

Can cause hypermagnesemia in those with severely impaired renal function;

Can alkalinize the urine;

Magnesium salts are poorly absorbed from the intestine;

Normal range of magnesium serum concentrations 1.5 to 2.5 mEq/ L 1974 Production in US: 5.4 x 106 kg ( 1227 tons),

with another 2% of that amount imported that year.

Potassium Carbonate Oral LD50: Rat 1870 mg/ kg; Mouse 2570 mg/ kg;

Inhalation LC50: Rat > 500 mg/ m3;

Irritating to skin , mucous membrane of eyes and upper respiratory tract;

Irritant and caustic action similar to that of potassium hydroxide, but less severe; Negative in the Ames assays with two strains of Salmonella typhimurium ( TA 97 and TA102) with and without activation Common Name: Potash.

Sodium Bicarbonate Developmental Toxicity: No effects found up to 580 mg/ kg in mice, 340 mg/ kg in rats, and 330 mg/ kg in rabbits;

Negative in the Ames assays with two strains of Salmonella typhimurium ( TA 97 and TA102) with and without activation;

Daily doses up to 25 mEq/ kg were administered to patients for 3 weeks,

changes in plasma electrolyte concentration were not remarkable, plasma total carbon dioxide increased by only 5 mEq/ L with largest dose,

considerable weight gain was most prominent effect;

No reports of toxicity caused by the ingestion of baking soda;

Daily dose limited to 200 mEq in persons under 60 year age and 100 in those older; Adults with normal renal function can tolerate up to 1700 mEq daily with minimal symptoms;

Contra indicated for alkalosis ( metabolic or respiratory), chloride loss due to vomiting or continuous GI suction, or hypocalcemia;

Eliminated principally in the urine, alkalizes it Common Name: Baking soda.

1984 Production in US: 3.2 x 108 kg ( 72727 tons), with another 5% of that amount imported same year. Page 11 of 18 Sodium Carbonate Oral LD50: rat 2880 to 4090 mg/ kg;

Inhalation LC50: rat 2300 mg/ m3 ( 2 hour);

Inhalation LC50: mouse 1200 mg/ m3 ( 2 hour);

Skin irritation: mild;

Eye irritation : mild moderate;

Aqueous solutions are strongly alkaline;

Concentrated solutions tend to produce local necrosis of mucous membranes;

Sensitivity reactions may occur from repeated topical use;

Ingestion of large quantities may produce corrosion of GI tract, vomiting,

diarrhea, circulatory collapse, death;

Dusts of vapors of sodium carbonate may cause irritation of mucous membranes with subsequent coughing and shortness of breath;

A primary irritant at concentrations below 15% and caustic at concentrations above approximately 15%, depending on contact time, areas of exposure, and other factors; Developmental toxicity test on gestation days 6 to 15 in rats, mice and rabbits at levels of 3.4 to 340 mg/ kg: no effects on nidation or survival of the dams or fetuses. Common name: washing soda Page 12 of 18 8. Agency Review of Toxicity Data for Potassium Bicarbonate and Sodium Bicarbonate Sodium bicarbonate has an acute oral LD 50 greater than 5000 mg/ kg in rats, an acute dermal LD 50 greater than 2000 mg/ kg in rabbits, and an acute inhalation LC 50 greater than 4.74 mg/ L in rats. It causes minimal eye irritation and slight dermal irritation in rabbits, and is a dermal non sensitizer in guinea pigs.

Potassium bicarbonate has an acute oral LD 50 greater than 2825 mg/ kg in rats, an acute dermal LD 50 greater than 2000 mg/ kg in rabbits, and an acute inhalation LC 50 greater than 4.96 mg/ L in rats. It causes slight eye irritation and slight dermal irritation in rabbits, and is a dermal non sensitizer in guinea pigs.

9. FDA GRAS ( Generally Recognized As Safe) Assessments The FDA Assessment is titled " Evaluation of the Health Aspects of Carbonates and Bicarbonates as Food Ingredients" ( 1975). " Carbonates and bicarbonates are used in foods as neutralizers and leavening agents. These anions occur in body fluids and tissues as the result of normal metabolic processes and are important in the control of acid base balance. Except for calcium, most.... are fairly soluble in water." The possible average daily intake of added carbonates ( i. e., those used as food additives) at that time were:

Table 5: Daily Intake Chemical Name 0 to 5 Months ( mg/ kg) 6 to 11 Months ( mg/ kg) 12 to 23 Months ( mg/ kg) 2 to 65+ Years ( mg/ kg)

ammonium bicarbonate 3 12 18 8 ammonium carbonate 8 34 35 12 magnesium carbonate 2 8 12 6 potassium bicarbonate 11 2 < 1

potassium carbonate 3 15 22 10 sodium bicarbonate 29 171 251 80 sodium carbonate 1 6 6 2 Potassium and Sodium Carbonate and Bicarbonate Page 13 of 18 In the FDA Assessment acute, short term, and developmental toxicity studies and mutagenicity studies were evaluated for potassium carbonate and bicarbonate. For sodium carbonate and bicarbonate acute, short term, and developmental toxicity studies, and mutagenicity and metabolism studies were evaluated. There was also some human data. No chronic studies were identified.

" The results of acute toxicity and short term feeding experiments are not readily extrapolated in determining toxic levels for carbonate salts consumed by humans. Treatment of gastric or peptic ulcers in patients with large amounts of carbonate salts in various forms has been utilized for many years and only rarely have deleterious results of changes of acid base balance been reported. When the human respiratory and renal functions are normal, the mechanisms for disposing of bicarbonate intake in large amounts through excretion appear to be highly efficient."

" There is no evidence in the available information on ... potassium carbonate, potassium bicarbonate, sodium carbonate, [ or] sodium bicarbonate ... that demonstrates or suggests reasonable grounds to suspect a hazard to the public when used at levels that are now current or that might reasonably be expected in the future."

Ammonium Carbonate and Bicarbonate The FDA Assessment is titled " Evaluation of the Health Aspects of Certain Ammonium Salts as Food Ingredients" ( 1974).

" Ammonia and ammonium ion are integral components of normal metabolic processes and play an essential role in the physiology of man. Although there have been no significant feeding studies specifically designed to ascertain the safety threshold of ammonium compounds as food ingredients, numerous metabolic studies have been reported in the scientific literature. Extrapolation of these finding to the concentrations of ammonium compounds normally present in foods does not suggest that there would be untoward effects at such levels."

Magnesium Carbonate The FDA Assessment is titled " Evaluation of the Health Aspects of Magnesium Salts as Food Ingredients" ( 1976). Magnesium is ( 1) a dietary essential, ( 2) involved in many metabolic reactions, ( 3) important in electrolyte balance, and ( 4) present in fruits, vegetables, grains, milk, meat and fish. No chronic toxicity data were available. The " status of magnesium as a ubiquitous and essential dietary ingredient for the maintenance of homeostatic and bioenergetic mechanisms leads to the opinion that none of the available evidence suggests any probable hazard when any of the GRAS compounds of magnesium is used as a food ingredient." The conclusion was reached that there was no available information on magnesium chloride to demonstrate, or suggest Page 14 of 18 " reasonable grounds to suspect, a hazard to the public when ... used at levels that are now current and in the manner now practiced, or which might reasonably be expected in the future."

10. FAO/ WHO Expert Committee on Food Additives Ammonium carbonate and ammonium hydrogen carbonate ( previously known as ammonium bicarbonate) were evaluated previously in 1966. The evaluation was performed using the available data on ammonium carbonate and ammonium bicarbonate as well as surrogate data on ammonium chloride and various carbonate salts. Acute, short term, and developmental toxicity studies, mutagenicity studies, and human studies were used.

" These compounds ( ammonium ion and bicarbonate ion ) are normal metabolites in man. Although specific toxicological data for ammonium carbonate and ammonium bicarbonate are limited, extrapolation of results from studies with ammonium compounds ( primarily ammonium chloride) and with sodium or potassium carbonate provide a basis for evaluation. Clinical studies in man show that administration of high doses of ammonium chloride or of sodium bicarbonate results in changes in the acid base balance. This is the normal physiological response. The levels of ammonium carbonate and bicarbonate in the diet from food additive use are extremely small compared to the levels required to cause physiological changes and pose no toxicological hazard."

The estimate of acceptable daily intake for man is " not specified." " The statement ` ADI not specified' means that, on the basis of the available data ( toxicological, biochemical, and other), the total daily intake of the substance, arising from its use or uses at the levels necessary to achieve the desired effect and from its acceptable background in food, does not, in the opinion of the Committee, represent a hazard to health. For this reason, and for the reasons stated in individual evaluations, the establishment of an acceptable daily intake ( ADI) in mg/ kg bw is not deemed necessary."

11. Human Health Hazard Characterization:

When dissolved in water, salts of carbonic acids form basic solutions. The toxicity ( the irritation and caustic effects) of these chemicals tend to resemble those of the hydroxides, although to a lesser extent. In solution these chemicals could effectively perform as buffering agents, pH adjusters, or neutralizers in pesticide products. This is indicative of the use of small amounts of the chemical that are incorporated in a pesticide product to modify and/ or control the pH. After the pH adjustment is performed, the aqueous solution of carbonate salts would be neutralized. If used as an active ingredient the chemical is subject to FIFRA registration requirements and various labeling language. These chemicals must be used and applied according to good manufacturing or good agricultural practices. However, there are no significant adverse effects, to the general public or any population subgroup from consumption of residues of the ammonium, potassium, magnesium, and sodium salts of carbonic acid resulting from pesticide Page 15 of 18 product uses.

As a group these salts of carbonic acid constitute a group of chemicals with many uses including direct use in the food supply. Various ammonium, magnesium, potassium, and sodium salts of carbonic acid have been reviewed by both FDA and WHO. These chemicals have been used in the food supply for a number of years.

The available toxicity data indicates that the human body metabolizes carbonates, ammonium, magnesium, potassium, and sodium ions through well understood pathways. In fact, the metals are necessary human nutrients. Given the long history of safe use, the available toxicity data, and an understanding of the human body's ability to metabolize these chemicals, and the evaluations by FDA and WHO, the IIFG believes that ammonium, potassium, sodium and magnesium carbonate salts are of low oral toxicity.

12. Type of Risk Assessment/ Risk Characterization:

The toxicity of these chemicals derives from the irritation and caustic effects; therefore, a qualitative assessment for all pathways of human exposure ( food, drinking water, and residential) is appropriate.

Given the widespread occurrence of these chemicals in the existing food supply, the amounts that can be applied to food as a result of a use in a pesticide product would not be expected to significantly increase the existing amounts in the food supply. There is no available information on any of the chemicals considered in this document indicative of a human health hazard resulting from the EPA regulated uses as well as the FDA GRAS uses to the general public or any population subgroup. No additional information is needed to assess their safety.

13. Sensitivity of Infants and Children:

Overall, when considering the oral pathway ( ingestion), these chemicals have low toxic potential. At this time, there is no concern for potential sensitivity to infants and children. A safety factor analysis has not been used to assess the risk. For the same reasons the additional tenfold safety factor is unnecessary.

14. Environmental Fate and Ecotoxicity Assessment/ Characterization:

In general, the constituents of the salts of carbonic acid are commonly found in soil and water in the environment suggesting that releasing low levels of these chemicals would not normally be expected to adversely effect wildlife or water resources. Large releases may adversely affect wildlife and water resources either directly or indirectly. Direct effects may result from exceeding toxicity thresholds of specific chemicals. Indirect effects may be manifested through disrupting ecosystems through altering pH or increasing availability of algal nutrients.

The magnitude of the pH changes, and thus the magnitude of effects, would depend on a Page 16 of 18 number of factors including the amount of material released and the buffering capacity of the exposed soil or water. Normal aquatic pHs range from 5 to 9. EPA's Office of Water recommended water quality criteria for pH are 6.5 to 9 for freshwater and 6.5 to 8.5 for saltwater. At higher or lower pH aquatic life is expected to be adversely impacted. In addition, rapid changes in pH can also be detrimental to aquatic life.

The magnesium, potassium and sodium salts of carbonic acid should dissociate in water resulting in a positively charged ( cation) metal in solution. Dissociation is frequently dependent on pH, with lower ( more acidic) pHs resulting in higher levels of dissociation and greater solubility. Aquatic toxicity of metals varies with the species of metal and its concentration. Metals do not degrade and thus are permanent in the environment. They are likely to dissipate by being sequestered in soil, sediment, and plants.

15. Cumulative Exposure:

Section 408( b)( 2)( D)( v) requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider " available information" concerning the cumulative effects of a particular pesticide chemical's residues and " other substances that have a common mechanism of toxicity." The chemicals considered in this document are structurally related; however, these salts of carbonic acid are low toxicity chemicals. Therefore, the resultant risks separately and/ or combined should also be low. EPA does not have, at this time, available data to determine whether these pesticide chemicals have a common mechanism of toxicity with other substances or how to include these pesticide chemicals in a cumulative risk assessment.

16. Determination of Safety:

Based on its review and evaluation of the available information, EPA concludes that there is a reasonable certainty that no harm will result to the general population, and to infants and children from aggregate exposure to residues of ammonium, sodium, potassium, and magnesium salts. Therefore, the following exemptions from the requirement of a tolerance are reassessed: In 40 CFR 180.2 sodium carbonate. In 40 CFR 180.1001 ( c) ammonium bicarbonate, magnesium carbonate, and sodium bicarbonate. In 40 CFR 180.1001 ( d) potassium carbonate. In 40 CFR 180.1001 ( e) magnesium carbonate.

17. List Reclassifications:

The following List reclassifications are made or confirmed:

Ammonium bicarbonate: List 4B Ammonium carbonate: List 4B Magnesium carbonate ( less than 1% crystalline silica): List 4A given its similarities to calcium carbonate Potassium Bicarbonate: List 4A given its similarities to sodium bicarbonate Potassium Carbonate: List 4B given its similarities to potassium hydroxide Page 17 of 18 Sodium Bicarbonate: List 4A considering its use as baking soda Sodium Carbonate: List 4B given its similarities to potassium carbonate Given the chemical similarities, and that data/ information on the following chemicals was used as surrogate data for tolerance reassessment, exemptions from the requirement of a tolerance may be established for ammonium carbonate, potassium bicarbonate, and sodium carbonate.

The following table lists the various chemical names, CAS Reg. No., and CAS Index Names that will be used for listing in 40 CFR. 180. Note that both the anhydrous and the hydrated forms are included. The Agency sees no reason to distinguish between these chemicals given that the only difference is the attachment of the water molecules.

Chemical Name CAS. Reg. No. Chemical Abstacts Index Name ammonium bicarbonate 1066 33 7 Carbonic acid, monoammonium salt ( 8CI, 9CI)

ammonium carbonate 10361 29 2 Carbonic acid, ammonium salt ( 8CI, 9CI)

ammonium carbonate 506 87 6 Carbonic acid, diammonium salt ( 8CI, 9CI)

magnesium carbonate 546 93 0 Carbonic acid, magnesium salt ( 1: 1) ( 8CI, 9CI)

potassium carbonate 584 08 7 Carbonic acid, dipotassium salt ( 8CI, 9CI)

potassium hydrogen carbonate { KHCO3} 298 14 6 Carbonic acid, monopotassium salt ( 8CI, 9CI)

potassium carbonate trihydrate { 2K2CO3 .3H2O} 18662 52 7 Carbonic acid, dipotassium salt, trihydrate ( 8CI)

sodium bicarbonate { NaHC03} 144 55 8 Carbonic acid monosodium salt ( 8CI, 9CI)

sodium carbonate { Na2CO3} 497 19 8 Carbonic acid disodium salt ( 8CI, 9CI)

sodium carbonate decahydrate { Na2CO3 . 10H2O} 6132 02 1 Carbonic acid disodium salt, decahydrate ( 8CI, 9CI)

sodium carbonate heptahydrate { Na2CO3 . 7H2O} 56399 31 6 Carbonic acid disodium salt, heptahydrate ( 9CI)

sodium carbonate monohydrate { Na2CO3 . H2O} 5968 11 6 Carbonic acid disodium salt, monohydrate ( 8CI, 9CI)

sodium sesquicarbonate { Na2CO3 . NaHCO3 . 2H2O} 533 96 0 Carbonic acid, sodium salt ( 2: 3) ( 8CI, 9CI)

Attachment: Page 18 of 18 EFED Review of Mineral Acids ( Birchfield; May 7, 2002)