[Federal Register Volume 86, Number 4 (Thursday, January 7, 2021)]
[Rules and Regulations]
[Pages 936-944]
[FR Doc No: 2020-27759]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 710, 712, and 745

[Docket No.<PHONE_NUMBER>]
RIN 0694-AH94

Chemical Weapons Convention Regulations and the Export
Administration Regulations: Additions to Schedule 1(A) of the Annex on
Chemicals to the Chemical Weapons Convention

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
final rule to amend the Chemical Weapons Convention Regulations (CWCR)
and the Export Administration Regulations (EAR) to reflect recent
additions to Schedule 1(A) of the Annex on Chemicals to the Convention
on the Prohibition of the Development, Production, Stockpiling and Use
of Chemical Weapons and on Their Destruction, also known as the
Chemical Weapons Convention (CWC). This final rule also amends the
definition of ``production'' in the CWCR to clarify the scope of this
term as it applies to declarations regarding the production of
``Schedule 1,'' ``Schedule 2,'' or ``Schedule 3'' chemicals.

DATES: This rule is effective January 7, 2021.

FOR FURTHER INFORMATION CONTACT: For questions on the CWCR requirements
for ``Schedule 1'' chemicals, contact Erica Sunyog, Treaty Compliance
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, U.S. Department of Commerce, Phone: (202) 482-
6237.

SUPPLEMENTARY INFORMATION:

Background

    The Chemical Weapons Convention (hereinafter, ``CWC'' or
``Convention''), which entered into force on April 29, 1997, is an
international arms control treaty whose object and purpose is to
eliminate an entire category of weapons of mass destruction by
prohibiting the development, production, acquisition, stockpiling,
retention, transfer or use of chemical weapons by States Parties. The
CWC States Parties have agreed to destroy any stockpiles of chemical
weapons they may hold and any facilities that produced them, as well as
any chemical weapons they have abandoned on the territory of other
States Parties. The CWC States Parties also have agreed to implement a
comprehensive data declaration, notification, and inspection regime for
those toxic chemicals and their precursors listed in Schedule 1, 2 or 3
in the CWC Annex on Chemicals to provide transparency and to verify
that their public and private sectors are not engaged in activities
prohibited under the CWC.
    In addition, each State Party has agreed to adopt domestic
legislation to implement its obligations under the Convention and to
designate or establish a National Authority to serve as the national
focal point for effective liaison with the Organization for the
Prohibition of Chemical Weapons (OPCW) and other States Parties. The
designated U.S. National Authority is the Bureau of Arms Control,
Verification and Compliance, U.S. Department of State. The OPCW was
established by the States Parties to achieve the object and purpose of
the Convention, to ensure the implementation of its provisions
(including those pertaining to international verification of
compliance), and to provide a forum for consultation and cooperation
among the States Parties. All CWC States Parties are members of the
OPCW, which includes the Conference of the States Parties, the
Executive Council, and the Technical Secretariat.
    The provisions of the CWC that affect commercial activities
involving scheduled chemicals (including ``Schedule 1'' chemicals) are
implemented, pursuant to the Chemical Weapons Convention Implementation
Act of 1998 (CWCIA) (22 U.S.C. 6701 et seq.) and Executive Order 13128
(64 FR 34703, June 28, 1999), by the Chemical Weapons Convention
Regulations (CWCR) (see 15 CFR parts 710-722) and the Export
Administration Regulations (EAR) (see 15 CFR 742.18 and 15 CFR part
745), both of which are administered by the Bureau of Industry and
Security (BIS). Specifically, BIS maintains the list of ``Schedule 1''
chemicals identified in the CWC Annex on Chemicals in Supplement No. 1
to part 712 of the CWCR and as part of Supplement No. 1 to part 745 of
the EAR. BIS also administers the CWC ``Schedule 1'' chemical
declaration, reporting, notification, and verification requirements
that are described in part 712 of the CWCR. In addition, Sec.  745.1 of
the EAR describes the advance notification and annual report
requirements that apply to exports of ``Schedule 1'' chemicals.
    The CWC identifies the toxic chemicals and immediate precursors
listed under ``Schedule 1'' in the CWC Annex on Chemicals as posing a
high risk to the object and purpose of the Convention. Consistent with
Part VI of the CWC Verification Annex, the CWCR restrict commercial
production of ``Schedule 1'' chemicals to research, medical, or
pharmaceutical purposes only. See 15 CFR 710.1, at definition of
Purposes not prohibited by the CWC, and 15 CFR 710.2(b), Activities
subject to the CWCR. The CWCR prohibit commercial production of
``Schedule 1'' chemicals for ``protective purposes'' (see 15 CFR
712.2(a)) consistent with Presidential Decision Directive (PDD) 70
(December 17, 1999), which effectively limits production for such
purposes to facilities operated by the Department of Defense. These
CWCR restrictions and prohibitions apply to all persons and facilities
located in the United States, except certain U.S. Government
facilities--see 15 CFR 710.2(a). In addition to these general
requirements and prohibitions pertaining to ``Schedule 1'' chemicals,
the CWCR:
    (1) Prohibit the import of ``Schedule 1'' chemicals from States not
Party to the CWC (15 CFR 712.2(b));
    (2) Require annual declarations by facilities engaged in the
production of ``Schedule 1'' chemicals in excess of 100 grams aggregate
per calendar year (i.e., declared ``Schedule 1'' facilities) for
purposes not prohibited by the CWC (15 CFR 712.5(a)(1) and (a)(2));
    (3) Provide for government approval of declared ``Schedule 1''
facilities (15 CFR 712.5(f));
    (4) Provide that declared ``Schedule 1'' facilities are subject to
initial and routine inspection by the OPCW (15 CFR 712.5(e) and
716.1(b)(1));
    (5) Require 200 days advance notification of establishment of new
``Schedule 1'' production facilities producing greater than 100 grams
aggregate of ``Schedule 1'' chemicals per calendar year (15 CFR 712.4);
    (6) Require advance notification and annual reporting to the
Technical Secretariat of the OPCW of all imports and exports of
``Schedule 1'' chemicals to, or from, other States Parties to the CWC
(15 CFR 712.6, 742.18(a)(1) and 745.1); and
    (7) Prohibit the export of ``Schedule 1'' chemicals to States not
Party to the CWC (15 CFR 742.18(a)(1) and (b)(1)(ii)).
    This final rule amends part 712 of the CWCR and part 745 of the EAR
to reflect recent additions to Schedule 1(A) of the CWC Annex on
Chemicals, as described below. In addition, this rule amends the
definition of ``production'' in part 710 of the CWCR to clarify the
scope of this term as it applies to declarations regarding the
production of ``Schedule 1,'' ``Schedule 2,'' or ``Schedule 3''
chemicals.
    This rule amends part 712 of the CWCR and part 745 of the EAR to
add three ``Schedule 1'' chemical families and one individual
``Schedule 1'' chemical to both sets of regulations, consistent with
two decisions adopted by the States Parties to the CWC during the
OPCW's 24th Conference of the States Parties, held in The Hague, the
Netherlands, from November 25-29, 2019. Based on two separate proposals
submitted to the Director-General of the OPCW, one by the United
States, Canada and the Netherlands, and the other by the Russian
Federation, these decisions added three chemical families and one
individual chemical to ``Schedule 1'' in the CWC Annex on Chemicals.
The OPCW agreements are documented in OPCW Decisions C-24/DEC.4 and C-
24/DEC.5 and may be obtained from the OPCW website (http://www.opcw.org). On December 10, 2019, the Director-General notified all
States Parties and the Depositary of the CWC (i.e., the Secretary-
General of the United Nations) of the adoption of these decisions by
the Conference of the States Parties. Pursuant to subparagraph 5(g) of
Article XV of the CWC, these changes to the Annex on Chemicals entered
into force for all States Parties 180 days after the date of this
notification, that is, on June 7, 2020.
    The additions to ``Schedule 1'' of the CWC Annex on Chemicals are
as follows:

Schedule 1

    A. Toxic chemicals:
    (1) [Rcy]-alkyl (H or <=C10, incl. cycloalkyl) N-(1-
(dialkyl(<=C10, incl. cycloalkyl)amino))alkylidene(H or
<=C10, incl. cycloalkyl) phosphonamidic fluorides and
corresponding alkylated or protonated salts

e.g. N-(1-(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic
fluoride (CAS No. 2387495-99-8)
Methyl-(1-(diethylamino)ethylidene)phosphonamidofluoridate (CAS No.
2387496-12-8)

    (2) O-alkyl (H or <=C10, incl. cycloalkyl) N-(1-
(dialkyl(<=C10, incl. cycloalkyl)amino))alkylidene(H or
<=C10, incl. cycloalkyl) phosphoramidofluoridates and
corresponding alkylated or protonated salts

e.g. O-n-Decyl N-(1-(di-n-decylamino)-n-
decylidene)phosphoramidofluoridate (CAS No. 2387496-00-4)
Methyl (1-(diethylamino)ethylidene)phosphoramidofluoridate (CAS No.
2387496-04-8)
Ethyl (1-(diethylamino)ethylidene)phosphoramidofluoridate (CAS No.
2387496-06-0)
    (3) Methyl-(bis(diethylamino)methylene)phosphonamidofluoridate (CAS
No. 2387496-14-0)
    (4) Carbamates (quaternaries and bisquaternaries of
dimethylcarbamoyloxypyridines) Quaternaries of
dimethylcarbamoyloxypyridines:

1-[N,N-dialkyl(<=C10)-N-(n-(hydroxyl, cyano,
acetoxy)alkyl(<=C10)) ammonio]-n-[N-(3-dimethylcarbamoxy-
[alpha]-picolinyl)-N,N-dialkyl(<=C10) ammonio]decane
dibromide (n=1-8)
e.g. 1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-10-[N-(3-
dimethylcarbamoxy-[alpha]-picolinyl)-N,N-dimethylammonio]decane
dibromide (CAS No. 77104-62-2)

    Bisquaternaries of dimethylcarbamoyloxypyridines:

1,n-Bis[N-(3-dimethylcarbamoxy-[alpha]-picolyl)-N,N-
dialkyl(<=C10) ammonio]-alkane-(2,(n-1)-dione) dibromide
(n=2-12)
e.g. 1,10-Bis[N-(3-dimethylcarbamoxy-[alpha]-picolyl)-N-ethyl-N-
methylammonio]decane-2,9-dione dibromide (CAS No. 77104-00-8).
Notice of Inquiry on the Impact of Proposed Additions to CWC ``Schedule
1''
    Pursuant to Condition 23 to Senate Resolution 75 (S. Res. 75, April
24, 1997), and as delegated from the President, the Secretary of State,
in coordination with other U.S. Government departments and agencies,
including the Department of Commerce, must submit a report to the
Senate Committee on Foreign Relations detailing, inter alia, the likely
impact on United States industry of the proposed addition of a chemical
or biological substance to a schedule in the CWC Annex on Chemicals.
Consistent with Condition 23, on August 14, 2019, BIS published a
notice of inquiry (84 FR 40389) that requested public comments as to
whether the legitimate commercial activities and interests of chemical,
biotechnology, and pharmaceutical firms in the United States would be
significantly harmed by the limitations that would be imposed on access
to, and production of, the compounds included in certain chemical
families that had been proposed for addition to ``Schedule 1'' in the
CWC Annex on Chemicals.
    BIS did not receive any public comments in response to this notice
of inquiry. Of the chemical families at issue, three families of
chemicals and one individual chemical from a fourth family, as
described above, were added to ``Schedule 1'' by the decisions adopted
at the Conference of the States Parties in November 2019. These
additions to ``Schedule 1'' are reflected in the amendments to the CWCR
and the EAR described below.
Amendments to Supplement No. 1 to Part 712 of the CWCR (Schedule 1
Chemicals)
    Supplement No. 1 to part 712 of the CWCR identifies ``Schedule 1''
chemicals listed in the CWC Annex on Chemicals. This rule amends
Supplement No. 1 to: (1) Include the three chemical families and one
individual chemical that were added to ``Schedule 1;'' and (2) add a
Note 3 following the list of chemicals to explain that the numerical
sequence of the ``Schedule 1'' Toxic Chemicals and Precursors specified
therein is not consecutive so as to align with the December 23, 2019,
consolidated textual changes to the Annex on Chemicals, which reflect
the decisions adopted by the CWC Conference of the States Parties in
November 2019. Specifically, the chemicals listed in ``Schedule 1(A),''
Toxic Chemicals, are numbered 1-8 and 13-16 (the latter includes 16.1
and 16.2), while the chemicals listed in ``Schedule 1(B),'' Precursors,
are numbered 9-12.
    This rule does not amend any of the declaration, advance
notification, reporting or verification requirements in part 712 of the
CWCR that apply to ``Schedule 1'' chemicals or facilities involved in
the production of such chemicals. Although the newly added ``Schedule
1'' chemicals are now subject to these requirements, BIS estimates that
the amendments made by this rule will not significantly affect the
public burden imposed by these requirements because very few (if any)
commercial facilities in the United States produce these chemicals.
Consistent with this estimate, BIS did not receive any responses to its
August 2019 notice of inquiry requesting public comments on the impact
on U.S. industry of the proposed addition of the families of chemicals
at issue to ``Schedule 1'' of the CWC Annex on Chemicals. As further
evidence of the limited scope of any potential commercial applications,
these chemicals are defense articles subject to the export licensing
jurisdiction of the U.S. Department of State (as described below).
Amendments to Supplement No. 1 to Part 745 of the EAR (Schedules of
Chemicals)
    Supplement No. 1 to part 745 of the EAR includes the three
schedules of Chemicals (Schedules 1, 2 and 3) contained in the CWC
Annex on Chemicals. This rule amends ``Schedule 1'' in Supplement No. 1
to reflect the decisions adopted at the November 2019 CWC Conference of
the States Parties to add three chemical families and one individual
chemical to ``Schedule 1'' in the CWC Annex on Chemicals. In addition,
this rule revises the formats of ``Schedule 2 and ``Schedule 3'' for
consistency with the format of ``Schedule 1,'' as amended by this rule.
This rule also adds a Note following the list of chemicals in
Supplement No. 1 to explain that the numerical sequence of the
``Schedule 1'' Toxic Chemicals and Precursors specified therein is not
consecutive so as to align with the December 23, 2019, consolidated
textual changes to the Annex on Chemicals, which reflect the decisions
adopted by the CWC Conference of the States Parties in November 2019.
Specifically, the chemicals listed in ``Schedule 1(A),'' Toxic
Chemicals, are numbered 1-8 and 13-16 (the latter includes 16.1 and
16.2), while the chemicals listed in ``Schedule 1(B),'' Precursors, are
numbered 9-12.
    This rule does not amend the advance notification and reporting
requirements for exports of ``Schedule 1'' chemicals described in Sec.
745.1 of the EAR, which are, for all practical purposes, a cross-
reference to (or general restatement of) the requirements in Sec.
712.6 of the CWCR (except that the CWCR requirements

also apply to imports of ``Schedule 1'' chemicals). Furthermore, these
newly added ``Schedule 1'' chemicals are not subject to the export
licensing jurisdiction of BIS under the EAR. All ``Schedule 1''
chemicals, except ricin and saxitoxin (which are controlled under
Export Control Classification Number 1C351 on the Commerce Control List
in Supplement No. 1 to part 774 of the EAR), are subject to the export
licensing jurisdiction of the Directorate of Defense Trade Controls,
Department of State, under the International Traffic in Arms
Regulations (ITAR) (22 CFR parts 120-130). Consequently, the conforming
amendments made by this rule will not affect the burden imposed on the
public by the ``Schedule 1'' chemical advance notification and
reporting requirements described in Sec.  745.1 of the EAR.
Clarification of the Definition of ``Production'' in Part 710 of the
CWCR
    This final rule amends the definition of ``production'' in Sec.
710.1 of the CWCR to clarify its application to the CWCR's declaration
requirements concerning the production of ``Schedule 1,'' ``Schedule
2,'' or ``Schedule 3'' chemicals. Specifically, this rule clarifies the
definition consistent with Sec. Sec.  712.5(d), 713.2(a)(2)(ii) and
714.1(a)(2)(ii) of the CWCR (as amended by the April 27, 2006, CWCR
final rule (81 FR 24918)), whereby ``Schedule 1,'' ``Schedule 2,'' or
``Schedule 3'' chemicals that are intermediates, but not transient
intermediates, must be considered when determining if a chemical is
subject to the declaration requirements in the CWCR. (See the OPCW
Conference of the States Parties Decisions that form the basis of this
treatment of such intermediates: C-10/DEC.12, November 10, 2005,
``Understanding Relating to the Concept of `Captive Use' in Connection
with Declarations of Production and Consumption Under Part VI of the
Verification Annex to the Convention;'' and C-9/DEC.6, November 30,
2004, ``Understanding of the Concept of `Captive Use' in Connection
with Declarations of Production and Consumption Under Parts VII and
VIII of the Verification Annex to the Chemical Weapons Convention.'')
    As amended by this rule, the definition of ``production'' in Sec.
710.1 of the CWCR is understood (for purposes of the ``Schedule 1,''
``Schedule 2,'' and ``Schedule 3'' chemical declaration requirements in
the CWCR) to include intermediates, by-products, or waste products that
are produced and consumed within a defined chemical manufacturing
sequence, where such intermediates, by-products, or waste products are
chemically stable and therefore exist for a sufficient time to make
isolation from the manufacturing stream possible, but where, under
normal or design operating conditions, isolation does not occur.

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 and of reducing costs, harmonizing rules, and promoting
flexibility. This final rule has been determined to be not significant
for purposes of Executive Order 12866. This rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains the following collections of information subject to the
requirements of the PRA. These collections have been approved by OMB
under control numbers 0694-0091 (Chemical Weapons Convention
Declaration and Report Handbook and Forms & Chemical Weapons Convention
Regulations (CWCR)) and 0694-0117 (Chemical Weapons Convention
Provisions of the Export Administration Regulations (EAR)). The
approved information collection under OMB control number 0694-0091
includes CWCR declarations, reports, notifications, and on-site
inspections of chemical facilities and carries a total burden estimate
of 14,813 hours. The approved information collection under OMB control
number 0694-0117 includes Schedule 1 chemical advance notifications and
annual reports, Schedule 3 chemical End-Use Certificates, and exports
of ``technology'' to produce certain Schedule 2 and Schedule 3
chemicals and carries a total burden estimate of 42 burden hours.
    BIS estimates that the overall increase in costs and burdens due to
the implementation of the changes made by this final rule will be
minimal, based on the fact that there are very few, if any, commercial
applications for the ``Schedule 1'' chemicals added by this rule to
Supplement No. 1 to part 712 of the CWCR and Supplement No. 1 to part
745 of the EAR. Consistent with this estimate, BIS did not receive any
responses to its August 2019 notice of inquiry described herein.
Additional evidence of the limited scope of potential commercial
applications is that the chemicals at issue are defense articles
subject to the export licensing jurisdiction of the Department of
State. Also, pursuant to Sec.  710.2(a) of the CWCR, certain U.S.
Government facilities (e.g., Department of Defense and Department of
Energy facilities) are not subject to the CWCR and, consequently, the
costs and burdens of the requirements described therein do not apply to
such facilities.
    In addition, although the newly added ``Schedule 1'' chemicals are
subject to the declaration, advance notification, reporting or
verification requirements in part 712 of the CWCR, the fact that these
chemicals have few potential commercial applications will, as a
practical matter, limit the impact of these requirements. Consequently,
the amendments made by this rule will not significantly alter the costs
and burdens imposed on the public by such CWCR requirements.
Furthermore, because these newly added ``Schedule 1'' chemicals are
defense articles subject to the export licensing jurisdiction of the
Department of State under the ITAR, the conforming amendments made by
this rule do not add to, or otherwise affect, any export licensing
requirements in the EAR; nor, as a practical matter, will they
significantly alter the costs and burdens imposed on the public by the
reporting and advance notification requirements described in Sec.
745.1 of the EAR.
    Written comments and recommendations for the information
collections referenced above should be sent within 30 days of the
publication of this final rule to: www.reginfo.gov/public/do/PRAMain.
The public may locate these particular information collections by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed

rulemaking, the opportunity for public participation, and a delay in
effective date, are inapplicable because this regulation involves a
military and foreign affairs function of the United States (see 5
U.S.C. 553(a)(1)). Immediate implementation of these amendments is non-
discretionary and fulfills the United States' international obligations
under the CWC. The CWC is an international arms control treaty
prohibiting the development, production, acquisition, stockpiling,
retention, transfer or use of chemical weapons by States Parties in
order to eliminate an entire category of weapons of mass destruction.
The 193 CWC States Parties have agreed to, among other things,
implement a comprehensive data declaration, notification, and
inspection regime for those toxic chemicals and their precursors listed
in Schedules 1, 2 or 3 in the CWC Annex on Chemicals (the Annex). The
amendments set forth in this rule implement two decisions adopted by
the States Parties during the OPCW's 24th Conference of the States
Parties, held in The Hague, the Netherlands, from November 25-29, 2019,
and clarify a definition in the CWCR to ensure consistency with the
CWCR's declaration requirements regarding the production of ``Schedule
1,'' ``Schedule 2,'' or ``Schedule 3'' chemicals.
    These provisions of the Administrative Procedure Act also are
waived for good cause, as unnecessary and contrary to the public
interest (see 5 U.S.C. 553(b)(B)). This rule brings the CWCR and the
EAR into conformity with recent updates to ``Schedule 1'' in the Annex
by amending Supplement No. 1 to part 712 of the CWCR and Supplement No.
1 to part 745 of the EAR. These changes to the Annex entered into
force, with respect to all States Parties to the CWC, on June 7, 2020.
As a State Party, the United States became obligated to apply the
declaration, advance notification, reporting and verification
requirements in part 712 of the CWCR to these newly added ``Schedule
1'' chemicals as of that date.
    Because these obligations will have already come into effect by the
time this rule is published, a delay of this rulemaking to allow for
notice and opportunity for public comment would be unnecessary. As
indicated above, the U.S. has no discretion in this matter--it must
implement these changes as a State Party.
    Even if these changes were discretionary, a delay of this
rulemaking to allow for notice and opportunity for public comment would
be unnecessary. Based on the lack of any responses to BIS's August 14,
2019, notice of inquiry requesting public comments on the impact of the
addition of these chemicals (together with others) to the Annex, it
does not appear that there any many (if any) chemical, biotechnology,
or pharmaceutical firms in the U.S. that would be adversely affected by
the substance of this rule. Moreover, these chemicals are defense
articles subject to the export licensing jurisdiction of the Department
of State under the ITAR and, consequently, have few potential
commercial applications.
    Similarly, a delay of this rulemaking to provide notice and
opportunity for public comment would be contrary to the public
interest, as would a 30-day delay in effective date, given the fact
that the restrictions associated with the addition of these chemicals
to the Annex have already come into force for CWC States Parties as of
June 7, 2020. Providing notice and opportunity for public comment and a
30-day delay in effectiveness would not only impair the ability of the
United States to fulfill its obligations as a State Party in a timely
manner, it also might lead the public to mistakenly assume that these
changes are discretionary. Such measures might also have a significant
adverse impact upon the ability of U.S. companies to comply in a timely
fashion with the declaration, advance notification, reporting, and
other requirements that apply to these newly added ``Schedule 1''
chemicals, as they would have to wait until the amendments adding these
chemicals to the CWCR and the EAR have taken effect. Consequently, any
further delay in implementation would adversely impact the ability of
the United States to meet its ``Schedule 1'' chemical declaration,
notification, and reporting obligations to the OPCW with respect to
these newly added ``Schedule 1'' chemicals. Conversely, timely
publication of these regulatory changes, with immediate effectiveness,
would provide U.S. companies with adequate time to adjust their
recordkeeping and other activities in advance of any deadlines that
would apply to the submission of declarations, advance notifications,
or reports associated with the newly added ``Schedule 1'' chemicals,
thereby making it possible for the U.S. to meet its CWC obligations in
this regard.
    For similar reasons, application of the APA's notice and comment
and 30-day delay in effectiveness requirements to the clarification to
the definition of ``production'' set forth in Sec.  710.1 of the CWCIA
made as part of this rule would be unnecessary and contrary to the
public interest. The clarification merely conforms the definition to
language already set forth in the CWCIA's declaration requirements that
apply to ``Schedule 1,'' ``Schedule 2,'' and ``Schedule 3'' chemicals.
    Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by the APA or
any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.

List of Subjects

15 CFR Part 710

    Chemicals, Exports, Foreign trade, Imports, Treaties.

15 CFR Part 712

    Chemicals, Exports, Foreign trade, Imports, Reporting and
recordkeeping requirements.

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 710 and 712 of the
Chemical Weapons Convention Regulations (15 CFR parts 710-722) and part
745 of the Export Administration Regulations (15 CFR parts 730-774) are
amended as follows:

PART 710--GENERAL INFORMATION AND OVERVIEW OF THE CHEMICAL WEAPONS
CONVENTION REGULATIONS (CWCR)

0
1. The authority citation for 15 CFR part 710 continues to read as
follows:

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

0
2. In Sec.  710.1, the definition of ``Production'' is revised to read
as follows:

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

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

the production of a chemical in any units within the same plant through
chemical reaction, including any associated processes (e.g.,
purification, separation, extraction, distillation, or refining) in
which the chemical is not converted into another chemical. The exact
nature of any associated process (e.g., purification, etc.) is not
required to be declared.
    (3) Production of a Schedule 1, Schedule 2 or Schedule 3 chemical
is understood, for declaration purposes, to include intermediates, by-
products, or waste products that are produced and consumed within a
defined chemical manufacturing sequence, where such intermediates, by-
products, or waste products are chemically stable and therefore exist
for a sufficient time to make isolation from the manufacturing stream
possible, but where, under normal or design operating conditions,
isolation does not occur.
* * * * *

PART 712--ACTIVITIES INVOLVING SCHEDULE 1 CHEMICALS

0
3. The authority citation for 15 CFR part 712 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C. 1601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950, as amended by E.O. 13094, 63 FR 40803, 3 CFR, 1998 Comp., p.
200; E.O. 13128, 64 FR 36703, 3 CFR 1999 Comp., p. 199.

0
4. Supplement No. 1 to part 712 is amended by revising the table and
adding a Note 3 to the Notes to Supplement No. 1 to read as follows:

           Supplement No. 1 to Part 712--Schedule 1 Chemicals
------------------------------------------------------------------------
                                                           CAS  registry
                                                                No.
------------------------------------------------------------------------
A. Toxic Chemicals:
    1. Family: O-Alkyl(<=C10, incl. cycloalkyl) alkyl
     (Me, Et, n-Pr or i-Pr)- phosphonofluoridates
        Not limited to the following examples:
            Sarin: O-Isopropyl methylphosphonofluoridate        107-44-8
            Soman: O-Pinacolyl methylphosphonofluoridate         96-64-0
    2. Family: O-Alkyl (<=C10, incl. cycloalkyl) N,N-
     dialkyl (Me, Et, n-Pr or i-Pr)
     phosphoramidocyanidates
        Not limited to the following example:
            Tabun: O-Ethyl N,N-dimethyl                          77-81-6
             phosphoramidocyanidate
    3. Family: O-Alkyl (H or <=C10, incl. cycloalkyl) S-
     2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
     (Me, Et, n-Pr or i-Pr) phosphonothiolates and
     corresponding alkylated or protonated salts
        Not limited to the following example:
            VX: O-Ethyl S-2-diisopropylaminoethyl methyl      50782-69-9
             phosphonothiolate
    4. Sulfur mustards:
        2-Chloroethylchloromethylsulfide................       2625-76-5
        Mustard gas: Bis(2-chloroethyl)sulfide..........        505-60-2
        Bis(2-chloroethylthio)methane...................      63869-13-6
        Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane.       3563-36-8
        1,3-Bis(2-chloroethylthio)-n-propane............      63905-10-2
        1,4-Bis(2-chloroethylthio)-n-butane.............     142868-93-7
        1,5-Bis(2-chloroethylthio)-n-pentane............     142868-94-8
        Bis(2-chloroethylthiomethyl)ether...............      63918-90-1
        O-Mustard: Bis(2-chloroethylthioethyl)ether.....      63918-89-8
    5. Lewisites:
        Lewisite 1: 2-Chlorovinyldichloroarsine.........        541-25-3
        Lewisite 2: Bis(2-chlorovinyl)chloroarsine......      40334-69-8
        Lewisite 3: Tris(2-chlorovinyl)arsine...........      40334-70-1
    6. Nitrogen mustards:
        HN1: Bis(2-chloroethyl)ethylamine...............        538-07-8
        HN2: Bis(2-chloroethyl)methylamine..............         51-75-2
        HN3: Tris(2-chloroethyl)amine...................        555-77-1
    7. Saxitoxin........................................      35523-89-8
    8. Ricin............................................       9009-86-3
    13. Family: [Rcy]-alkyl (H or <=C10, incl.
     cycloalkyl) N-(1-(dialkyl(<=C10, incl.
     cycloalkyl)amino))alkylidene(H or <=C10, incl.
     cycloalkyl) phosphonamidic fluorides and
     corresponding alkylated or protonated salts
        Not limited to the following examples:
            N-(1-(di-n-decylamino)-n-decylidene)-P-         2387495-99-8
             decylphosphonamidic fluoride...............
            Methyl-(1-                                      2387496-12-8
             (diethylamino)ethylidene)phosphonamidofluor
             idate......................................
    14. Family: O-alkyl (H or <=C10, incl. cycloalkyl) N-
     (1-(dialkyl(<=C10, incl.
     cycloalkyl)amino))alkylidene(H or <=C10, incl.
     cycloalkyl) phosphoramidofluoridates and
     corresponding alkylated or protonated salts
        Not limited to the following examples:
            O-n-Decyl N-(1-(di-n-decylamino)-n              2387496-00-4
             decylidene)phosphoramidofluoridate.........
            Methyl (1-                                      2387496-04-8
             (diethylamino)ethylidene)phosphoramidofluor
             idate......................................
            Ethyl (1-                                       2387496-06-0
             (diethylamino)ethylidene)phosphoramidofluor
             idate......................................
    15. Methyl-                                             2387496-14-0
     (bis(diethylamino)methylene)phosphonamidofluoridate
    16. Carbamates (quaternaries and bisquaternaries of
     dimethylcarbamoyloxypyridines)
    16.1. Family: Quaternaries of
     dimethylcarbamoyloxypyridines: 1-[N,N-
     dialkyl(<=C10)-N-(n-(hydroxyl, cyano,
     acetoxy)alkyl(<=C10)) ammonio]-n-[N-(3-
     dimethylcarbamoxy-[alpha]-picolinyl)-N,N-
     dialkyl(<=C10) ammonio]decane dibromide (n=1-8)
        Not limited to the following example:
            1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-       77104-62-2
             10-[N-(3-dimethylcarbamoxy-[alpha]-
             picolinyl)-N,N-dimethylammonio]decane
             dibromide..................................
    16.2. Family: Bisquaternaries of
     dimethylcarbamoyloxypyridines:1,n-Bis[N-(3-
     dimethylcarbamoxy-[alpha]-picolyl)-N,N-
     dialkyl(<=C10) ammonio]-alkane-(2,(n-1)-dione)
     dibromide (n=2-12)
        Not limited to the following example:

            1,10-Bis[N-(3-dimethylcarbamoxy-[alpha]-          77104-00-8
             picolyl)-N-ethyl-N- methylammonio]decane-
             2,9-dione dibromide........................
B. Precursors:
    9. Family: Alkyl (Me, Et, n-Pr or i-Pr)
     phosphonyldifluorides
        Not limited to the following example:
            DF: Methylphosphonyldifluoride..............        676-99-3
    10. Family: O-Alkyl (H or <=C10, incl. cycloalkyl) O-
     2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
     (Me, Et, n-Pr or i-Pr) phosphonites and
     corresponding alkylated or protonated salts
        Not limited to the following example:
            QL: O-Ethyl O-2-diisopropylaminoethyl             57856-11-8
             methylphosphonite..........................
    11. Chlorosarin: O-Isopropyl                               1445-76-7
     methylphosphonochloridate..........................
    12. Chlorosoman: O-Pinacolyl                               7040-57-5
     methylphosphonochloridate..........................
------------------------------------------------------------------------

Notes to Supplement No. 1

* * * * *
    Note 3: The numerical sequence of the ``Schedule 1'' Toxic
Chemicals and Precursors is not consecutive so as to align with the
December 23, 2019, consolidated textual changes to ``Schedule 1'' of
the Annex on Chemicals to the Chemical Weapons Convention (CWC),
which reflect the decisions adopted by the CWC Conference of the
States Parties in November 2019.

PART 745--CHEMICAL WEAPONS CONVENTION REQUIREMENTS

0
5. The authority citation for 15 CFR part 745 is revised to read as
follows:

    Authority:  50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950); 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR
36703, 3 CFR 1999 Comp., p. 199; 50 U.S.C. 4801-4852; Notice of
November 12, 2019, 84 FR 61817 (November 13, 2019).

0
6. Supplement No. 1 to part 745 is revised to read as follows:

          Supplement No. 1 to Part 745--Schedules of Chemicals
------------------------------------------------------------------------
                                                           CAS  registry
                                                                No.
------------------------------------------------------------------------
                               Schedule 1
------------------------------------------------------------------------
A. Toxic Chemicals:
    1. Family: O-Alkyl(<=C10, incl. cycloalkyl) alkyl
     (Me, Et, n-Pr or i-Pr)- phosphonofluoridates
        Not limited to the following examples:
            Sarin: O-Isopropyl methylphosphonofluoridate        107-44-8
            Soman: O-Pinacolyl methylphosphonofluoridate         96-64-0
    2. Family: O-Alkyl (<=C10, incl. cycloalkyl) N,N-
     dialkyl (Me, Et, n-Pr or i-Pr)
     phosphoramidocyanidates
        Not limited to the following example:
            Tabun: O-Ethyl N,N-dimethyl                          77-81-6
             phosphoramidocyanidate.....................
    3. Family: O-Alkyl (H or <=C10, incl. cycloalkyl) S-
     2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
     (Me, Et, n-Pr or i-Pr) phosphonothiolates and
     corresponding alkylated or protonated salts
        Not limited to the following example:
            VX: O-Ethyl S-2-diisopropylaminoethyl methyl      50782-69-9
             phosphonothiolate..........................
    4. Sulfur mustards:
        2-Chloroethylchloromethylsulfide................       2625-76-5
        Mustard gas: Bis(2-chloroethyl)sulfide..........        505-60-2
        Bis(2-chloroethylthio)methane...................      63869-13-6
        Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane.       3563-36-8
        1,3-Bis(2-chloroethylthio)-n-propane............      63905-10-2
        1,4-Bis(2-chloroethylthio)-n-butane.............     142868-93-7
        1,5-Bis(2-chloroethylthio)-n-pentane............     142868-94-8
        Bis(2-chloroethylthiomethyl)ether...............      63918-90-1
        O-Mustard: Bis(2-chloroethylthioethyl)ether.....      63918-89-8
    5. Lewisites:
        Lewisite 1: 2-Chlorovinyldichloroarsine.........        541-25-3
        Lewisite 2: Bis(2-chlorovinyl)chloroarsine......      40334-69-8
        Lewisite 3: Tris(2-chlorovinyl)arsine...........      40334-70-1
    6. Nitrogen mustards:
        HN1: Bis(2-chloroethyl)ethylamine...............        538-07-8
        HN2: Bis(2-chloroethyl)methylamine..............         51-75-2
        HN3: Tris(2-chloroethyl)amine...................        555-77-1
    7. Saxitoxin........................................      35523-89-8
    8. Ricin............................................       9009-86-3
    13. Family: P-alkyl (H or <=C10, incl. cycloalkyl) N-
     (1-(dialkyl(<=C10, incl.
     cycloalkyl)amino))alkylidene(H or <=C10, incl.
     cycloalkyl) phosphonamidic fluorides and
     corresponding alkylated or protonated salts
        Not limited to the following examples:
            N-(1-(di-n-decylamino)-n-decylidene)-P-         2387495-99-8
             decylphosphonamidic fluoride...............
            Methyl-(1-                                      2387496-12-8
             (diethylamino)ethylidene)phosphonamidofluor
             idate......................................
    14. Family: O-alkyl (H or <=C10, incl. cycloalkyl) N-
     (1-(dialkyl(<=C10, incl.
     cycloalkyl)amino))alkylidene(H or <=C10, incl.
     cycloalkyl) phosphoramidofluoridates and
     corresponding alkylated or protonated salts
        Not limited to the following examples:

            O-n-Decyl N-(1-(di-n-decylamino)-n              2387496-00-4
             decylidene)phosphoramidofluoridate.........
            Methyl (1-                                      2387496-04-8
             (diethylamino)ethylidene)phosphoramidofluor
             idate......................................
            Ethyl (1-                                       2387496-06-0
             (diethylamino)ethylidene)phosphoramidofluor
             idate......................................
    15. Methyl-                                             2387496-14-0
     (bis(diethylamino)methylene)phosphonamidofluoridate
    16. Carbamates (quaternaries and bisquaternaries of
     dimethylcarbamoyloxypyridines)
    16.1. Family: Quaternaries of
     dimethylcarbamoyloxypyridines: 1-[N,N-
     dialkyl(<=C10)-N-(n-(hydroxyl, cyano,
     acetoxy)alkyl(<=C10)) ammonio]-n-[N-(3-
     dimethylcarbamoxy-[alpha]-picolinyl)-N,N-
     dialkyl(<=C10) ammonio]decane dibromide (n=1-8)
        Not limited to the following example:
            1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-       77104-62-2
             10-[N-(3-dimethylcarbamoxy-[alpha]-
             picolinyl)-N,N-dimethylammonio]decane
             dibromide..................................
    16.2. Family: Bisquaternaries of
     dimethylcarbamoyloxypyridines:1,n-Bis[N-(3-
     dimethylcarbamoxy-[alpha]-picolyl)-N,N-
     dialkyl(<=C10) ammonio]-alkane-(2,(n-1)-dione)
     dibromide (n=2-12).................................
        Not limited to the following example:
            1,10-Bis[N-(3-dimethylcarbamoxy-[alpha]-          77104-00-8
             picolyl)-N-ethyl-N- methylammonio]decane-
             2,9-dione dibromide........................
B. Precursors:
    9. Family: Alkyl (Me, Et, n-Pr or i-Pr)
     phosphonyldifluorides
        Not limited to the following example:
            DF: Methylphosphonyldifluoride..............        676-99-3
    10. Family: O-Alkyl (H or <=C10, incl. cycloalkyl) O-
     2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
     (Me, Et, n-Pr or i-Pr) phosphonites and
     corresponding alkylated or protonated salts
        Not limited to the following example:
            QL: O-Ethyl O-2-diisopropylaminoethyl             57856-11-8
             methylphosphonite..........................
    11. Chlorosarin: O-Isopropyl                               1445-76-7
     methylphosphonochloridate..........................
    12. Chlorosoman: O-Pinacolyl                               7040-57-5
     methylphosphonochloridate..........................
------------------------------------------------------------------------
                               Schedule 2
------------------------------------------------------------------------
A. Toxic Chemicals:
    1. Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]             78-53-5
     phosphorothiolate and corresponding alkylated or
     protonated salts...................................
    2. PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-       382-21-8
     propene............................................
    3. BZ: 3-Quinuclidinyl benzilate....................       6581-06-2
B. Precursors:
    4. Family: Chemicals, except for those listed in
     Schedule 1, containing a phosphorus atom to which
     is bonded one methyl, ethyl or propyl (normal or
     iso) group but not further carbon atoms,
        Not limited to the following examples:
            Methylphosphonyl dichloride.................        676-97-1
            Dimethyl methylphosphonate..................        756-79-6
        Exemption: Fonofos: O-Ethyl S-phenyl                    944-22-9
         ethylphosphonothiolothionate...................
    5. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
     phosphoramidic dihalides
    6. Family: Dialkyl (Me, Et, n-Pr or i-Pr) N,N-
     dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates
    7. Arsenic trichloride..............................       7784-34-1
    8. 2,2-Diphenyl-2-hydroxyacetic acid................         76-93-7
    9. Quinuclidine-3-ol................................       1619-34-7
    10. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
     aminoethyl-2-chlorides and corresponding protonated
     salts
    11. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
     aminoethane-2-ols and corresponding protonated
     salts
        Exemptions: N,N-Dimethylaminoethanol and                108-01-0
         corresponding protonated salts.................
            N,N-Diethylaminoethanol and corresponding           100-37-8
             protonated salts...........................
    12. Family: N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
     aminoethane-2-thiols and corresponding protonated
     salts
    13. Thiodiglycol: Bis(2-hydroxyethyl)sulfide........        111-48-8
    14. Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol......        464-07-3
------------------------------------------------------------------------
                               Schedule 3
------------------------------------------------------------------------
A. Toxic Chemicals:
    1. Phosgene: Carbonyl dichloride....................         75-44-5
    2. Cyanogen chloride................................        506-77-4
    3. Hydrogen cyanide.................................         74-90-8
    4. Chloropicrin: Trichloronitromethane..............         76-06-2
B. Precursors:
    5. Phosphorus oxychloride...........................      10025-87-3
    6. Phosphorus trichloride...........................       7719-12-2
    7. Phosphorus pentachloride.........................      10026-13-8
    8. Trimethyl phosphite..............................        121-45-9
    9. Triethyl phosphite...............................        122-52-1
    10. Dimethyl phosphite..............................        868-85-9
    11. Diethyl phosphite...............................        762-04-9
    12. Sulfur monochloride.............................      10025-67-9
    13. Sulfur dichloride...............................      10545-99-0
    14. Thionyl chloride................................       7719-09-7
    15. Ethyldiethanolamine.............................        139-87-7

    16. Methyldiethanolamine............................        105-59-9
    17. Triethanolamine.................................        102-71-6
------------------------------------------------------------------------

    Note to Supplement 1: The numerical sequence of the ``Schedule
1'' Toxic Chemicals and Precursors is not consecutive so as to align
with the December 23, 2019, consolidated textual changes to
``Schedule 1'' of the Annex on Chemicals to the Chemical Weapons
Convention (CWC), which reflect the decisions adopted by the CWC
Conference of the States Parties in November 2019.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-27759 Filed 1-6-21; 8:45 am]
BILLING CODE 3510-33-P


Comment Info: =================

General Comment:Hello Mr. Zeller:

I am writing as a very concerned individual to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of concerning issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Proposed Rules]
[Pages 21269-21270]
[FR Doc No: 2011-9233]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0986; Airspace Docket No. 10-ANM-13]

Proposed Establishment of Class E Airspace; Florence, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Florence
Municipal Airport, Florence, OR. Controlled airspace is necessary to
accommodate aircraft using a new Area Navigation (RNAV) Global
Positioning System (GPS) standard instrument approach procedures at
Florence Municipal Airport, Florence, OR. The FAA is proposing this
action to enhance the safety and management of aircraft operations at
the airport.

DATES: Comments must be received on or before May 31, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2010-
0986; Airspace Docket No. 10-ANM-13, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2010-0986 and Airspace Docket No. 10-ANM-13) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2010-0986 and Airspace Docket No. 10-ANM-13''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E airspace extending
upward from 700 feet or more above the surface at

Florence Municipal Airport, Florence, OR. Controlled airspace is
necessary to accommodate aircraft using the new RNAV (GPS) standard
instrument approach procedures at Florence Municipal Airport, Florence,
OR. This action would enhance the safety and management of aircraft
operations at Florence Municipal Airport, Florence, OR.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9U, dated August 18, 2010, and effective September 15,
2010, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Florence Municipal Airport,
Florence, OR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR Part 71.1 of the
Federal Aviation Administration Order 7400.9U, Airspace Designations
and Reporting Points, dated August 18, 2010, and effective September
15, 2010 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM OR E5 Florence, OR [New]

Florence Municipal Airport, OR
    (Lat. 43[deg]58'58'' N., long. 124[deg]06'41'' W.)

    That airspace extending upward from 700 feet above the surface
within 3-mile radius of Florence Municipal Airport.

    Issued in Seattle, Washington, on April 7, 2011.
Christine Mellon,
Acting Manager, Operations Support Group, Western Service Center.

[FR Doc. 2011-9233 Filed 4-14-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Notices]
[Page 68265-68266]
[DOCID:fr23de09-60]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-29-000]

Gulf South Pipeline Company, LP; Notice of Request under Blanket
Authorization

December 16, 2009.
    Take notice that on December 14, 2009, Gulf South Pipeline Company,
LP (Gulf South), 9 Greenway Plaza, Suite 2800, Houston, Texas 77046,
filed in Docket No. CP10-29-000, a prior notice request pursuant to
sections 157.205 and 157.216 of the Federal Energy Regulatory
Commission's regulations under the Natural Gas Act for authorization to
abandon, by removal, certain facilities located at its Lafayette
Compressor Station, located in Lafayette Parish, Louisiana, all as more
fully set forth in the application, which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the Web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, Gulf South proposes to remove all aboveground
facilities down to and including removal of their concrete foundations
at the Lafayette Compressor Station. Gulf South Proposes to abandon by
removal four inactive Clark HBA-5-1,100 horsepower reciprocating
compressors,

the main compressor building including foundations, the suction and
discharge piping, and associated valves and appurtenances. Gulf South
states that this proposal will reduce maintenance obligations currently
required for the out-of-service facilities. Gulf South asserts that the
Lafayette Compressor Station has not been utilized since 2001 and has
been abandoned in place since 2005. Gulf South avers that the proposed
abandonment by physical removal will have no effect on capacities and
services.
    Any questions regarding the application should be directed to M. L.
Gutierrez, Project Director, Gulf South Pipeline Company, LP, 9
Greenway Plaza, Suite 2800, Houston, Texas 77046, telephone (713) 479-
8252, or by e-mail<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-30457 Filed 12-22-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 14, 2008 (Volume 73, Number 51)]
[Notices]
[Page 13880-13881]
[DOCID:fr14mr08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 6, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP06-540-006.
    Applicants: High Island Offshore System, L.L.C.
    Description: High Island Offshore System LLC submits the first
annual report of non-routine expenditures pursuant to its O&M Agreement
for calendar year 2007.
    Filed Date: 03/03/2008.
    Accession Number: 20080305-0340.
    Comment Date: 5 p.m. Eastern Time on Monday, March 17, 2008.

    Docket Numbers: RP07-525-003.
    Applicants: Energy West Development, Inc.
    Description: Energy West Development, Inc files notice that as of
9/1/07 it has been in compliance with Order 587-S and the NAESB
standards approved by the Commission, and in compliance with the 8/10/
07 Order.
    Filed Date: 02/29/2008.
    Accession Number: 20080305-0391.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 12, 2008.

    Docket Numbers: RP08-257-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Saltville Gas Storage Company LLC's CD to its changes
effective 4/1/08, in the rates and terms applicable to its various
services etc (tab & asc files not loaded).
    Filed Date: 03/04/2008.
    Accession Number: 20080304-4002.
    Comment Date: 5 p.m. Eastern Time on Monday, March 17, 2008.

    Docket Numbers: RP08-258-000.
    Applicants: KO Transmission Company.
    Description: KO Transmission Company submits Twenty-third Revised
Sheet 10 to its FERC Gas Tariff, Original Volume 1, to become effective
April 1, 2008.
    Filed Date: 03/03/2008.
    Accession Number: 20080305-0339.
    Comment Date: 5 p.m. Eastern Time on Monday, March 17, 2008.

    Docket Numbers: RP08-259-000
    Applicants: MOGAS PIPELINE LLC.
    Description: MoGas Pipeline, LLC et al submits Substitute Original
Sheet 1 et al to its FERC Gas Tariff, First Revised Volume 1, to become
effective April 1, 2008.
    Filed Date: 02/29/2008.
    Accession Number: 20080305-0392.
    Comment Date: 5. p.m Eastern Time on Wednesday, March 12, 2008.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and Sec.
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://

www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.
Deputy Secretary.
 [FR Doc. E8-5057 Filed 3-13-08; 8:45 am]

BILLING CODE 6717-01-P