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- <ARTICLE>
- Date="04/19/95"
- Citation="60 FR 19509"
- Group="legal"
- Type="RULE"
- Department="DEPARTMENT OF JUSTICE"
- Agency="DRUG ENFORCEMENT ADMINISTRATION (DES), JUSTICE"
- Subject="Records, Reports, and Exports of Listed Chemicals"
- <HEADER>
- DEPARTMENT OF JUSTICE
-
- Drug Enforcement Administration
-
- 21 CFR Part 1310
-
- [DEA No. 128F]
-
- RIN 1117-AA26
-
- Records, Reports, and Exports of Listed Chemicals
-
- AGENCY: Drug Enforcement Administration (DES), Justice.
-
- ACTION: Final rule.
- </HEADER>
- DEPARTMENT OF JUSTICE
-
- Drug Enforcement Administration
-
- 21 CFR Part 1310
-
- [DEA No. 128F]
-
- RIN 1117-AA26
-
- Records, Reports, and Exports of Listed Chemicals
-
- AGENCY: Drug Enforcement Administration (DES), Justice.
-
- ACTION: Final rule.
- +
- ------------------------------------------------------------
- SUMMARY: This final rule adds methyl isobutyl ketone (MIBK)
- as a List II Chemical under the Controlled Substances Act (CSA).
- This action is based on substantial evidence that MIBK is increasingly
- being used as a solvent in the production of cocaine hydrochloride
- during the conversion of cocaine base to cocaine hydrochloride.
- The recent steps by the Government of Columbia (GOC) to control
- MIBK further support this action.
-
- This action will only affect specific types of transactions
- which are greater than 500 gallons or 1523 kilograms of MIBK
- destined for countries in the Western Hemisphere (with the exception
- of transactions destined for Canada). These transactions include
- (1) export transactions; (2) international transactions in which
- a U.S. broker or trader participates; and (3) transshipments
- through the U.S.
-
- EFFECTIVE DATE: May 19, 1995.
-
- FOR FURTHER INFORMATION CONTACT:
-
- Howard McClain Jr., Chief, Drug and Chemical Evaluation Section,
- Office of Diversion Control, Drug Enforcement Administration,
- Washington, DC 20537 at (202) 307-7183.
-
- SUPPLEMENTARY INFORMATION: The Controlled Substances Act (CSA).
- specifically 21 U.S.C. section 802, provides the Attorney General
- with the authority to specify by regulation, additional precursor
- and essential chemicals as ``listed chemicals'' if they are
- used in the illicit manufacture of controlled substances. Section
- 802(39) also provides the Attorney General with authority to
- establish a threshold amount for ``listed chemicals'' if the
- Attorney General so elects. This authority has been delegated
- to the Administrator of DEA by 28 CFR 0.100 and redelegated
- to the Deputy Administrator under 28 CFR 0.104 (Subpart R) Appendix
- Sec. 12.
-
- On February 28, 1995 the Deputy Administrator of the Drug
- Enforcement Administration (DEA) published a Notice of Proposed
- Rulemaking (60 FR 10814). This notice proposed the addition
- of methyl isobutyl ketone (MIBK) as a List II Chemical under
- the Controlled Substances Act (CSA). Interested parties were
- given 30 days in which to submit comments and objections.
- Only one comment was received in response to the Notice of
- Proposed Rulemaking. This comment requested further clarification
- of the meaning of the term ``Western Hemisphere''. Webster's
- II New Riverside University Dictionary defines the term ``Western
- Hemisphere'' to mean, ``The half of the earth that includes
- North and South America, the surrounding waters, and all neighboring
- islands''. For purposes of this rulemaking, this is the definition
- that the DEA is adopting.
- While methyl ethyl ketone (MEK) has become the solvent of
- choice in the processing of cocaine base to cocaine hydrochloride,
- recent regulatory and enforcement efforts in Latin America have
- resulted in a reduced availability of MEK. Information available
- to DEA indicates that in response to this shortfall of MEK,
- cocaine laboratory operators have moved to the utilization of
- MIBK for the processing of cocaine base to cocaine hydrochloride.
- Due to information regarding the use of MIBK for cocaine processing,
- the dramatic increase in MIBK importation, and the importation
- of MIBK by some firms that the Government of Colombia (GOC)
- considers suspect, the GOC has recently taken steps to control
- the sale and distribution of MIBK.
- The United States is a major producer of MIBK and exports
- MIBK to Colombia and other countries within Latin America. In
- light of the above, the DEA has determined that the control
- of MIBK as a List II Chemical under the CSA is warranted. Since
- the illicit use of MIBK for cocaine processing occurs in Latin
- America, MIBK shipments exported from the U.S., shipments transshipped
- or transferred through the U.S., and international transactions
- in which a U.S. broker or trader participates, shall be considered
- regulated transactions if destined for any country in the Western
- Hemisphere (with the exception of transactions destined for
- Canada) 21 U.S.C. section 802(39)(A)(iii). In addition, a threshold
- similar to that of MEK shall be established for MIBK. A threshold
- of 500 gallons (by volume) or 1523 kilograms (by weight) shall
- be established for MIBK. Therefore, this action will only effect
- specific types of transactions which are greater than 500 gallons
- or 1523 kilograms of MIBK destined for designated countries.
- These transactions include (1) export transactions; (2) international
- transactions in which a U.S. broker or trader participates;
- and (3) transshipments through the U.S. Import transactions
- of MIBK into the U.S. (not destined for transshipment or transfer
- to designated countries), and domestic transactions of MIBK
- are excluded from the definitions of regulated transactions
- contained in 21 CFR 1310.01(f) and 1313.02(d).
- The Deputy Administrator hereby certifies that this rulemaking
- will have no significant impact upon entities whose interests
- must be considered under the Regulatory Flexibility Act, 5 U.S.C.
- 601 et seq. A review of maritime shipments of MIBK reveals that
- during a two year period, there were less than
-
- ---- page 19510 ----
-
- 100 above-threshold export transactions destined for designated
- countries. This rule is not a significant regulatory action
- and therefore has not been reviewed by the Office of Management
- and Budget pursuant to Executive Order 12866.
- This action has been analyzed in accordance with the principles
- and criteria in E.O. 12612, and it has been determined that
- the rule does not have sufficient federalism implications to
- warrant the preparation of a Federalism Assessment.
-
- List of Subjects in 21 CFR Part 1310
-
- Drug traffic control, Reporting and recordkeeping requirements.
- For reasons set out above, 21 CFR part 1310 is amended as
- follows:
-
- PART 1310-[AMENDED]
-
- 1. The authority citation for part 1310 continues to read
- as follows:
-
- Authority: 21 U.S.C. 802, 830, 871(b).
-
- 2. Section 1310.02 is amended by adding a new paragraph (b)(10)
- to read as follows:
-
- sec 1310.02 Substances Covered.
- * * * * *
- (b) * * *
- (10) Methyl Isobutyl Ketone (MIBK)
- * * * * *
- 3. Section 1310.04 is amended by adding new paragraph (f)(2)(v)
- to read as follows:
-
- sec 1310.04 Maintenance of Records.
- * * * * *
- (f) * * *
- (2) * * *
- (v) Export and International Transactions to Designated Countries,
- and Importations for Transshipment or Transfer to Designated
- Countries
-
-
-
-
- ------------------------------------+------------------+----------------------
- Chemical | Threshold by | Threshold by
- | volume | weight
- ------------------------------------+------------------+----------------------
- | |
- (A) Methyl Isobutyl Ketone (MIBK) . | 500 gallons .... | 1523 kilograms.
- (B) Reserved. | |
- ------------------------------------+------------------+----------------------
-
- 4. Section 1310.08 is amended by adding new paragraphs (c),
- (d) and (e) to read as follows:
-
- sec 1310.08 Excluded transactions.
- * * * * *
- (c) Domestic transactions of Methyl Isobutyl Ketone (MIBK).
- (d) Import transactions of Methyl Isobutyl Ketone (MIBK)
- destined for the United States.
- (e) Export transactions, international transactions, and
- import transactions for transshipment or transfer of Methyl
- Isobutyl Ketone (MIBK) destined for Canada or any country outside
- of the Western Hemisphere.
-
- Dated: April 12, 1995.
-
- Stephen H. Greene,
- Deputy Administrator.
-
- [FR Doc. 95-9589 Filed 4-18-95; 8:45 am]
- BILLING CODE 4410-09-M
-
-
- ------------------------------------------------------
- The Contents entry for this article reads as follows:
-
- Records, reports, and exports of listed chemicals:
- Methyl isobutyl ketone (MIBK), 19509
- </ARTICLE>
-
- .
-