[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19509-19510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9589]
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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.
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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
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Threshold by Threshold by
Chemical volume weight
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(A) Methyl Isobutyl Ketone (MIBK).... 500 gallons.... 1523 kilograms.
(B) Reserved.
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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
