[Federal Register: December 30, 1999 (Volume 64, Number 250)]
[Rules and Regulations]
[Page 73743-73811]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de99-15]

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 710 through 722

[Docket No. 990611158-9311-02]

RIN 0694-AB06

Chemical Weapons Convention Regulations

AGENCY: Bureau of Export Administration, Commerce.
ACTION: Interim rule and request for comments.

PART 715--ACTIVITIES INVOLVING UNSCHEDULED DISCRETE ORGANIC 
CHEMICALS (UDOCs)

Sec.
715.1  Initial and annual declaration requirements for production by 
synthesis of unscheduled discrete organic chemicals (UDOCs).
715.2  Frequency and timing of declarations.
715.3  Amended declaration.

Supplement No. 1 to Part 715--Definition of an Unscheduled Discrete 
Organic Chemical

Supplement No. 2 to Part 715--Examples of Unscheduled Discrete Organic 
Chemicals (UDOCs) and UDOC Production

    Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703.


Sec. 715.1  Initial and annual declaration requirements for production 
by synthesis of unscheduled discrete organic chemicals (UDOCs).

    (a) See Sec. 711.6 of this subchapter for information on obtaining 
the forms you will need to declare production of unscheduled discrete 
organic chemicals. Declaration of production by synthesis of UDOCs for 
purposes not prohibited by the CWC. (1) Production quantities that 
trigger the declaration requirement. You must complete the forms 
specified in paragraph (b) of this section if your plant site produced 
by synthesis:
    (i) In excess of 200 metric tons aggregate of all UDOCs (including 
all UDOCs containing the elements phosphorus, sulfur or fluorine, 
referred to as ``PSF-chemicals'') in calendar year

[[Page 73781]]

1996 (for the initial declaration) or the previous calendar year 
beginning with 1997 (for an annual declaration); or
    (ii) In excess of 30 metric tons of an individual PSF-chemical at 
one or more plants in calendar year 1996 (for the initial declaration) 
or in the previous calendar year beginning with 1997 (for an annual 
declaration).
    (2) UDOCs subject to declaration requirements under this part. (i) 
UDOCs subject to declaration requirements under this part are those 
produced by synthesis that have been isolated for:
    (A) Use; or
    (B) Sale as a specific end product.
    (ii) Exemptions. (A) Polymers and oligomers consisting of two or 
more repeating units which are formed by the chemical reaction of 
monomeric or polymeric substances;
    (B) Chemicals and chemical mixtures produced through a biological 
or biomediated process;
    (C) Products from the refining of crude oil, including sulfur-
containing crude oil;
    (D) Metal carbides (i.e., chemicals consisting only of metal and 
carbon); and
    (E) UDOCs produced by synthesis that are ingredients or by-products 
in foods designed for consumption by humans and/or animals.

    Note to Paragraph (a)(2): See Supplement No. 2 to this part for 
examples of UDOCs subject to the declaration requirements of this 
part, and for examples of activities that are not considered 
production by synthesis.

    (3) Exemptions for UDOC plant sites. UDOC plant sites that 
exclusively produced hydrocarbons or explosives are exempt from UDOC 
declaration requirements. For the purposes of this part, the following 
definitions apply for hydrocarbons and explosives:
    (i) Hydrocarbon means any organic compound that contains only 
carbon and hydrogen; and
    (ii) Explosive means a chemical (or a mixture of chemicals) that is 
included in Class 1 of the United Nations Organization hazard 
classification system.
    (b) Types of declaration forms to be used. (1) Initial declaration. 
You must complete the Certification Form and Form UDOC (consisting of 
two pages). Attach Form A as appropriate; Form B is optional.
    (2) Annual declaration on past activities. You must complete the 
Certification Form and Form UDOC (consisting of two pages). Attach Form 
A as appropriate; Form B is optional.
    (c) ``Declared'' UDOC plant sites. A plant site that produced by 
synthesis in excess of 200 metric tons aggregate of all UDOCs 
(including all PSF-chemicals), or that comprises at least one plant 
that produced by synthesis in excess of 30 metric tons of an individual 
PSF-chemical during the previous year, is a ``declared'' UDOC plant 
site. A plant site that submitted an initial declaration for 1996 and/
or annual declaration on past activities for 1997 or 1998 is a 
``declared'' UDOC plant site for the years declared.
    (d) Routine inspections of declared UDOC plant sites. A 
``declared'' UDOC plant site is subject to routine inspection by the 
Organization for the Prohibition of Chemical Weapons (see part 716 of 
this subchapter) if it produced by synthesis during the previous 
calendar year more than 200 metric tons aggregate of UDOCs. A plant 
site that submitted an initial declaration for 1996 and/or annual 
declaration on past activities for 1997 or 1998, and exceeded the 
inspection threshold, is also subject to a routine inspection.


Sec. 715.2  Frequency and timing of declarations.

    Declarations required under this part must be postmarked by the 
appropriate dates identified in Table 1 of this section. Required 
declarations include:
    (a) Initial declaration (production during calendar year 1996).
    (b) Annual declaration on past activities (production during the 
previous calendar year, beginning with 1997).

Table 1 to Sec.  715.2--Deadlines for Submission
of Declarations for Unscheduled Discrete Organic Chemicals
[this wide document opens in a separate window]

Sec. 715.3  Amended declaration.

    (a) Amended declarations are required to correct certain 
inaccuracies in a previously submitted declaration. These amended 
declarations are necessary to change a production range above the 
amount originally declared, or the production of a PSF-chemical above 
30 metric tons by a plant not previously counted as a PSF-plant.
    (b) Changes that do not directly affect the purpose of the 
Convention, such as changes to a company name, address, point of 
contact, or non-substantive typographical errors, do not require 
submission of an amended declaration and may be corrected in subsequent 
declarations.
    (c) If you are required to submit an amended declaration pursuant 
to paragraph (a) of this section, you must complete and submit a new 
Certification Form and the specific form(s) being amended (e.g., annual 
declaration on past activities). Only complete that portion of each 
form that amends the previously submitted information.

Supplement No. 1 to Part 715--Definition of an Unscheduled Discrete 
Organic Chemical

    Unscheduled discrete organic chemical means any chemical: (1) 
belonging to the class of chemical compounds consisting of all 
compounds of carbon except for its oxides, sulfides and metal 
carbonates identifiable by chemical name, by structural formula, if 
known, and by Chemical Abstract Service registry number, if assigned; 
and (2) that is not contained in the Schedules of Chemicals (see 
Supplements No. 1 to parts 712 through 714 of this subchapter). 
Unscheduled discrete organic chemicals subject to declaration under 
this part are those produced by synthesis that are isolated for use or 
sale as a specific end-product.

    Note: Carbon oxides consist of chemical compounds that contain 
only the elements carbon and oxygen and have the chemical formula 
CxOy, where x and y denote integers. The two 
most common carbon oxides are carbon monoxide (CO) and carbon 
dioxide (CO2). Carbon sulfides consist of chemical 

compounds that contain only the elements carbon and sulfur, and have 
the chemical formula CaSb, where a and b 
denote integers. The most common carbon sulfide is carbon disulfide 
(CS2). Metal carbonates consist of chemical compounds 
that contain a metal

[[Page 73782]]

(i.e., the Group I Alkalis, Groups II Alkaline Earths, the 
Transition Metals, or the elements aluminum, gallium, indium, 
thallium, tin, lead, bismuth or polonium), and the elements carbon 
and oxygen. Metal carbonates have the chemical formula 
Md(CO3)e, where d and e denote 
integers and M represents a metal. Common metal carbonates are 
sodium carbonate (Na2CO3) and calcium 
carbonate (CaCO3). In addition, metal carbides or other 
compounds consisting of only a metal, as described above, and carbon 
(e.g., calcium carbide (CaC2)), are exempt from 
declaration requirements (see Sec. 715.1(a)(2)(ii)(D) of this part).

Supplement No. 2 to Part 715--Examples of Unscheduled Discrete 
Organic Chemicals (UDOCs) and UDOC Production

    (1) Examples of UDOCs not subject to declaration include:
    (i) UDOCs produced coincidentally as by-products that are not 
isolated for use or sale as a specific end product, and are routed to, 
or escape from, the waste stream of a stack, incinerator, or waste 
treatment system or any other waste stream;
    (ii) UDOCs, contained in mixtures, which are produced 
coincidentally and not isolated for use or sale as a specific end-
product;
    (iii) UDOCs produced by recycling (i.e., involving one of the 
processes listed in paragraph (3) of this supplement) of previously 
declared UDOCs;
    (iv) UDOCs produced by the mixing (i.e., the process of combining 
or blending into one mass) of previously declared UDOCs; and
    (v) Intermediate UDOCs used in a single or multi-step process to 
produce another declared UDOC.
    (2) Examples of UDOCs that you must declare under part 715 include, 
but are not limited to, the following, unless they are not isolated for 
use or sale as a specific end product:
    (i) Acetophenone (CAS # 98-86-2);
    (ii) 6-Chloro-2-methyl aniline (CAS # 87-63-8);
    (iii) 2-Amino-3-hydroxybenzoic acid (CAS # 548-93-6); and
    (iv) Acetone (CAS # 67-64-1).
    (3) Examples of activities that are not considered production by 
synthesis under part 715 and, thus, the end products resulting from 
such activities would not be declared under part 715, are as follows:
    (i) Fermentation;
    (ii) Extraction;
    (iii) Purification;
    (iv) Distillation; and
    (v) Filtration.

[ CONTINUE TO PART 716 ]

Dated: December 16, 1999.

R. Roger Majak,
Assistant Secretary for Export Administration.

[FR Doc. 99-33149 Filed 12-30-99; 8:45 am]

Billing Code: 3510-33-P