31824 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

at 19 U.S.C. 58b, created an option for 

civil aircraft desiring to land at an 

airport other than an international 

airport or a landing rights airport. A 

civil aircraft arriving from a place 

outside of the United States may ask for 

permission to land at an airport 

designated by the Secretary of 

Homeland Security as a user fee airport. 

Pursuant to 19 U.S.C. 58b, an airport 

may be designated as a user fee airport 

if the Commissioner of CBP as delegated 

by the Secretary of Homeland Security 

determines that the volume of business 

at the airport is insufficient to justify 

customs services at the airport and the 

governor of the state in which the 

airport is located approves the 

designation. Generally, the type of 

airport that would seek designation as a 

user fee airport would be one at which 

a company, such as an air courier 

service, has a specialized interest in 

regularly landing. 

As the volume of business anticipated 

at this type of airport is insufficient to 

justify its designation as an 

international or landing rights airport, 

the availability of customs services is 

not paid for out of appropriations from 

the general treasury of the United States. 

Instead, customs services are provided 

on a fully reimbursable basis to be paid 

for by the user fee airport on behalf of 

the recipients of the services. 

The fees which are to be charged at 

user fee airports, according to the 

statute, shall be paid by each person 

using the customs services at the airport 

and shall be in the amount equal to the 

expenses incurred by the Commissioner 

of CBP in providing customs services 

which are rendered to such person at 

such airport, including the salary and 

expenses of those employed by the 

Commissioner of CBP to provide the 

customs services. To implement this 

provision, generally, the airport seeking 

the designation as a user fee airport or 

that airport’s authority agrees to pay a 

flat fee for which the users of the airport 

are to reimburse the airport/airport 

authority. The airport/airport authority 

agrees to set and periodically review the 

charges to ensure that they are in accord 

with the airport’s expenses. 

The Commissioner of CBP designates 

airports as user fee airports pursuant to 

19 U.S.C. 58b. If the Commissioner 

decides that the conditions for 

designation as a user fee airport are 

satisfied, a Memorandum of Agreement 

(MOA) is executed between the 

Commissioner of CBP and the local 

responsible official signing on behalf of 

the state, city or municipality in which 

the airport is located. In this manner, 

user fee airports are designated on a 

case-by-case basis. The regulation 

pertaining to user fee airports is 19 CFR 

122.15. It addresses the procedures for 

obtaining permission to land at a user 

fee airport, the grounds for withdrawal 

of a user fee designation and includes 

the list of user fee airports designated by 

the Commissioner of CBP in accordance 

with 19 U.S.C. 58b. Periodically, CBP 

updates the list of user fee airports at 19 

CFR 122.15(b) to reflect those that have 

been recently designated by the 

Commissioner. On January 28, 2011, the 

Commissioner signed an MOA 

approving the designation of user fee 

status for Dallas Love Field Municipal 

Airport. This document updates the list 

of user fee airports by adding Dallas 

Love Field Municipal Airport, in Dallas, 

Texas, to the list. 

II. Statutory and Regulatory 

Requirements 

A. Inapplicability of Public Notice and 

Delayed Effective Date Requirements 

Because this amendment merely 

updates the list of user fee airports to 

include an airport already designated by 

the Commissioner of CBP in accordance 

with 19 U.S.C. 58b and neither imposes 

additional burdens on, nor take away 

any existing rights or privileges from, 

the public, pursuant to 5 U.S.C. 

553(b)(B), notice and public procedure 

are unnecessary, and for the same 

reasons, pursuant to 5 U.S.C. 553(d)(3), 

a delayed effective date is not required. 

B. The Regulatory Flexibility Act and 

Executive Order 12866 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. This 

amendment does not meet the criteria 

for a ‘‘significant regulatory action’’ as 

specified in Executive Order 12866. 

C. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

D. Executive Order 13132 

The rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

E. Signing Authority 

This document is limited to technical 

corrections of CBP regulations. 

Accordingly, it is being signed under 

the authority of 19 CFR 0.1(b). 

List of Subjects in 19 CFR Part 122 

Air carriers, Aircraft, Airports, 

Customs duties and inspection, Freight. 

Part 122, Code of Federal Regulations 

(19 CFR part 122) is amended as set 

forth below: 

PART 122—AIR COMMERCE 

REGULATIONS 

■ 1. The authority citation for Part 122 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 

1431, 1433, 1436, 1448, 1459, 1590, 1594, 

1623, 1624, 1644, 1644a, 2071 note. 

§ 122.15 [Amended] 

■ 2. The listing of user fee airports in 

section 122.15(b) is amended by adding, 

in alphabetical order, in the ‘‘Location’’ 

column ‘‘Dallas, Texas’’ and in the 

‘‘Name’’ column, ‘‘Dallas Love Field 

Municipal Airport’’. 

Dated: May 24, 2011. 

Alan D. Bersin, 

Commissioner, U.S. Customs and Border 

Protection. 

[FR Doc. 2011–13615 Filed 6–1–11; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1310 

[Docket No. DEA–228F] 

RIN 1117–AA66 

Chemical Mixtures Containing Listed 

Forms of Phosphorus and Change in 

Application Process 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Final rule. 

SUMMARY: This rulemaking finalizes a 

June 25, 2010, notice of proposed 

rulemaking in which DEA proposed 

regulations which establish those 

chemical mixtures containing red 

phosphorus or hypophosphorous acid 

and its salts (hereinafter ‘‘regulated 

phosphorus’’) that shall automatically 

qualify for exemption from the 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31825 

Controlled Substances Act (CSA) 

regulatory controls. Chemical mixtures 

containing red phosphorus in a 

concentration of 80 percent or less and 

mixtures containing hypophosphorous 

acid and its salts (hypophosphite salts) 

in a concentration of 30 percent and 

less, shall qualify for automatic 

exemption. DEA is not implementing 

automatic exemption for any 

concentration of chemical mixtures 

containing white phosphorus (also 

known as yellow phosphorus). Unless 

otherwise exempted, all material 

containing white phosphorus shall 

become subject to CSA chemical 

regulatory controls regardless of 

concentration. 

DEA recognizes that concentration 

criteria alone cannot identify all 

mixtures that warrant exemption; 

therefore, an application process has 

been implemented which allows 

manufacturers to apply for exemption 

from CSA regulatory controls for those 

phosphorus chemical mixtures that do 

not qualify for automatic exemption. 

This rulemaking also finalizes changes 

to the application review and 

notification process. 

DATES: This rulemaking becomes 

effective July 5, 2011. Persons seeking 

registration must apply on or before July 

5, 2011 to continue their business 

pending final action by DEA on their 

application. 

FOR FURTHER INFORMATION CONTACT: 

Imelda L. Paredes, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, Virginia 22152; Telephone 

(202) 307–8784. 

SUPPLEMENTARY INFORMATION: 

DEA’s Legal Authority 

DEA implements the Comprehensive 

Drug Abuse Prevention and Control Act 

of 1970, often referred to as the 

Controlled Substances Act (CSA) and 

Controlled Substances Import and 

Export Act (21 U.S.C. 801–971), as 

amended. DEA publishes the 

implementing regulations for these 

statutes in Title 21 of the Code of 

Federal Regulations (CFR), parts 1300 to 

end. These regulations are designed to 

ensure that there is a sufficient supply 

of controlled substances for legitimate 

medical purposes and to deter the 

diversion of controlled substances to 

illegal purposes. The CSA mandates that 

DEA establish a closed system of control 

for manufacturing, distributing, and 

dispensing controlled substances. Any 

person who manufactures, distributes, 

dispenses, imports, exports, or conducts 

research or chemical analysis with 

controlled substances must register with 

DEA (unless exempt) and comply with 

the applicable requirements for the 

activity. The CSA, as amended, also 

requires DEA to regulate the 

manufacture, distribution, importation, 

and exportation of chemicals that may 

be used to manufacture controlled 

substances. Listed chemicals that are 

classified as List I chemicals are 

important to the manufacture of 

controlled substances. Those classified 

as List II chemicals may be used to 

manufacture controlled substances. 

Purpose of This Rule 

In this rule, DEA is finalizing 

concentration limits on chemical 

mixtures containing red phosphorus 

and/or hypophosphorous acid and its 

salts. This rule is being finalized as 

proposed. Chemical mixtures containing 

either of these listed chemicals at or 

below the concentration limit will be 

automatically exempt from CSA 

regulatory controls. Mixtures containing 

these chemicals above the concentration 

limit will be regulated as List I 

chemicals. DEA did not propose 

automatic exemption for chemical 

mixtures containing white phosphorus. 

Unless otherwise exempted, all material 

containing white phosphorus shall be 

subject to CSA chemical regulatory 

controls regardless of concentration. 

DEA’s Requirement To Identify Exempt 

Chemical Mixtures 

The Chemical Diversion and 

Trafficking Act of 1988 (Pub. L. 100– 

690) (CDTA) created a definition for the 

term ‘‘chemical mixture’’ (21 U.S.C. 

802(40)). The CDTA also established 21 

U.S.C. 802(39)(A)(vi) to exclude ‘‘any 

transaction in a chemical mixture’’ from 

the definition of a ‘‘regulated 

transaction.’’ This exemption was 

exploited by those that traffic chemicals 

for illicit purposes in that it provided an 

unregulated source for obtaining listed 

chemicals for use in the illicit 

manufacture of controlled substances. 

In April 1994, the Domestic Chemical 

Diversion Control Act of 1993 (Pub. L. 

103–200) (DCDCA) corrected this 

situation by subjecting such chemical 

mixtures to CSA regulatory 

requirements, unless specifically 

exempted by regulation. These 

requirements included recordkeeping, 

reporting, and security for all regulated 

chemical mixtures with the additional 

requirement of registration for handlers 

of List I chemicals including regulated 

chemical mixtures. The DCDCA also 

provided the Attorney General with the 

authority to establish regulations to 

exempt chemical mixtures from the 

definition of a ‘‘regulated transaction.’’ A 

chemical mixture can be granted 

exemption ‘‘based on a finding that the 

mixture is formulated in such a way that 

it cannot be easily used in the illicit 

production of a controlled substance 

and that the listed chemical or 

chemicals contained in the mixture 

cannot be readily recovered’’ (21 U.S.C. 

802(39)(A)(vi)). This authority has been 

delegated to the Administrator of DEA 

by 28 CFR 0.100 (Subpart R). 

DEA has treated all regulated 

chemical mixtures as non-regulated 

chemicals until such time that it 

promulgates a final rule that identifies 

concentration limits, above which the 

chemical mixtures are regulated. This 

served to prevent the immediate 

regulation of all qualified mixtures, 

which is not necessary. It also allowed 

DEA to gather information to implement 

regulations pursuant to 21 U.S.C. 

802(39)(A)(vi). 

Chemical Mixture Definition 

21 U.S.C. 802(40) defines the term 

‘‘chemical mixture’’ as ‘‘a combination of 

two or more chemical substances, at 

least one of which is not a List I 

chemical or a List II chemical, except 

that such term does not include any 

combination of a List I chemical or a 

List II chemical with another chemical 

that is present solely as an impurity.’’ 

Therefore, a chemical mixture contains 

any number of listed chemicals in 

combination with any number of nonlisted chemicals. 

DEA does not consider a chemical 

mixture to mean the combination of a 

listed chemical and an inert carrier. An 

inert carrier can be any chemical that 

does not modify the function of the 

listed chemical but is present to aid in 

the delivery of the listed chemical. 

Examples include, but are not limited 

to, dilutions in water, alcohol, or the 

presence of a carrier gas. 

In determining which chemical 

mixtures shall be subject to control, 

DEA considers the actual and potential 

clandestine use of such material. 21 

U.S.C. 802(39)(A)(vi) states that an 

exemption can be granted if ‘‘the 

mixture is formulated in such a way that 

it cannot be easily used in the illicit 

production of a controlled substance 

and that the listed chemical or 

chemicals contained in the mixture 

cannot be readily recovered.’’ It should 

be noted that the requirements 

described by statute do not allow for 

exemptions based on such business 

practices as selling only to known 

customers, the cost of the mixture, the 

customer’s knowledge of the product’s 

chemical content, packaging, or such 

related topics. 

In 2003, DEA published a Final Rule 

(68 FR 23195, May 1, 2003) that 


jlentini on DSK4TPTVN1PROD with RULES
31826 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

identified exempt mixtures containing 

the chemicals ephedrine, Nmethylephedrine, Nmethylpseudoephedrine, 

norpseudoephedrine, 

phenylpropanolamine, and 

pseudoephedrine. The effective date of 

this Final Rule was June 2, 2003. In a 

second Final Rule (69 FR 74957, 

December 15, 2004; corrected at 70 FR 

294, January 4, 2005) DEA finalized 

regulations which addressed the 

exemption of chemical mixtures for 27 

of the remaining 38 listed chemicals. 

However, chemical mixtures containing 

phosphorus were not included. The 

effective date for that Final Rule was 

January 14, 2005. 

Uses of Chemical Mixtures Containing 

Regulated Phosphorus 

Chemical mixtures that contain red 

phosphorus are used in the manufacture 

of plastics, flame retardants, 

pyrotechnics, striker plates (e.g., for 

safety matches and flares), incendiary 

shells, smoke bombs, and tracer bullets. 

Chemical mixtures containing 

hypophosphorous acid salts (e.g., 

hypophosphite salts) function as 

catalysts, stabilizers, and growth 

inhibitors. They are used in plastics, 

films, paints, paper products, and fibers 

with applications that include 

automotive parts, furniture, wiring, 

containers, and housings for appliances 

and power tools. DEA has not identified 

any chemical mixtures containing white 

phosphorus. 

Diversion of Chemical Mixtures 

Containing Regulated Phosphorus 

Regulated phosphorus plays an 

important role in the chemical reaction 

to produce methamphetamine, a 

schedule II controlled substance for 

which the public health consequences 

of the manufacture, trafficking, and 

abuse are well known and documented. 

DEA has documented that the 

predominant method for the illicit 

manufacture of methamphetamine 

utilizes phosphorus. 

DEA has identified chemical mixtures 

containing red phosphorus at domestic 

illicit methamphetamine manufacturing 

sites. Traffickers sometimes utilize the 

striker plates of safety matchbooks or 

boxes or road flares as a source of red 

phosphorus. The coating on the striker 

plate contains from 25 to 60 percent red 

phosphorus. An estimated 20 to 400 

striker plates are needed to obtain one 

gram of red phosphorus. One gram of 

red phosphorus could yield 

approximately 1.5 grams of 

methamphetamine hydrochloride, 

which is the end product of clandestine 

manufacturing. 

Concentration Limits for Exempt 

Chemical Mixtures Containing 

Regulated Phosphorus 

DEA is establishing concentration 

limits for chemical mixtures containing 

phosphorus. All chemical mixtures that 

have a concentration at or below the 

established concentration limit shall be 

automatically exempt from CSA 

chemical regulatory controls. Those 

chemical mixtures having a 

concentration above the concentration 

limit shall be List I regulated chemicals 

and subject to the chemical regulatory 

requirements of the CSA. 

DEA is not aware of any chemical 

mixtures containing white phosphorus. 

It is believed that few chemical mixtures 

in this chemical exist because it is too 

reactive and unstable when mixed with 

other chemicals. Since DEA has not 

identified any white phosphorus 

mixtures, DEA did not propose a 

concentration limit for white 

phosphorus, and, therefore, any 

chemical mixture containing white 

phosphorus shall be subject to CSA 

regulatory control. 

Hypophosphorous acid is marketed in 

aqueous solutions of 50 percent and can 

be readily used in the illicit 

manufacture of methamphetamine. 

Such aqueous solutions of 

hypophosphorous acid, however, are 

not considered chemical mixtures and 

are, therefore, currently subject to DEA 

chemical regulations, regardless of 

concentration. (As stated earlier, DEA 

does not consider a chemical mixture to 

mean the combination of a listed 

chemical and an inert carrier. An inert 

carrier can be any chemical that does 

not modify the function of the listed 

chemical but is present to aid in the 

delivery of the listed chemical. 

Examples include, but are not limited 

to, dilutions in water, alcohol, or the 

presence of a carrier gas.) No chemical 

mixtures containing hypophosphorous 

acid have been identified by DEA. 

Traffickers use hypophosphite salts 

and hypophosphorous acid similarly. 

DEA has identified several chemical 

mixtures containing hypophosphite 

salts in combination with other 

chemicals for use as mold and mildew 

inhibitors. Additionally, DEA has 

identified at least one industrial product 

where sodium hypophosphite is in a 

chemical mixture in combination with 

resins. The concentration of 

hypophosphite salts within these 

chemical mixtures does not exceed 20 

percent. 

The above chemical mixtures have 

limited potential for use in a clandestine 

laboratory because of the: (a) Low 

concentrations of the hypophosphite 

salts, and (b) interference from other 

chemicals in the mixtures. Therefore, 

DEA is establishing a 30 percent 

concentration limit for 

hypophosphorous acid and its salts 

(hypophosphite salts). 

It is important to clarify, again, that 

DEA does not consider a chemical 

mixture to mean the combination of a 

listed chemical and an inert carrier. 

Therefore, solutions of 

hypophosphorous acid or 

hypophosphite salt in water, alcohol, or 

another inert carrier are not considered 

chemical mixtures and are, therefore, 

currently subject to DEA chemical 

regulatory controls regardless of 

concentration. 

As discussed above, only the smallest 

clandestine methamphetamine 

laboratories use chemical mixtures 

obtained from matchbook striker plates 

as a source of red phosphorus. Although 

concerned about this type of diversion, 

DEA determined that the regulation of 

matchbook striker plates is impractical 

and will create undue administrative 

burdens for both law enforcement and 

the regulated sector. 

DEA is establishing an 80 percent 

concentration limit for red phosphorus. 

DEA has determined that chemical 

mixtures containing over 80 percent red 

phosphorus are useful in large scale 

methamphetamine production and, 

therefore, should not be automatically 

exempt from regulatory controls. 

A chemical mixture having a 

regulated form of phosphorus at or 

below the concentration limit can still 

be a regulated chemical mixture if 

another listed chemical is present above 

its concentration limit. The exemption 

of chemical mixtures from regulatory 

controls does not remove criminal 

liability for persons who knowingly sell 

or possess any products containing 

regulated phosphorus for use in 

violation of the CSA. 

Comments to the Notice of Proposed 

Rulemaking 

In response to the June 25, 2010, 

Notice of Proposed Rulemaking (75 FR 

36306), DEA received two comments. 

The first comment was received from a 

large chemical company. This firm 

indicated that they have one product 

which they export which shall become 

subject to regulation. However, the firm 

stated that they will not be significantly 

impacted by this rulemaking and 

supported the mixture criteria proposed 

in the rule. Furthermore, the comment 

commended DEA for taking a reasonable 

approach. 

DEA Response. DEA appreciates this 

comment and believes that the 

concentration limits finalized in this 


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31827 

rule are reasonable based on the illicit 

uses of phosphorus mixtures. 

The second comment was from an 

association representing full-service 

wholesale healthcare distributors. Their 

members distribute more than 9 million 

prescription and healthcare products. 

The comment stated that they reached 

out to their members in an attempt to 

identify specific products containing 

phosphorus which would be subject to 

the proposed regulatory controls. Their 

review indicated that they do not 

believe that any healthcare product 

distributors’ products are subject to the 

proposed rule. However, the association 

expressed concern that wholesale 

distributors may be subjected to a rule 

without sufficient ability to provide 

meaningful public comment. The 

commenter posited that, during the 

comment period, other public 

comments may be received that would 

contain further information about 

products that could be subject to the 

rule and which may also pertain to 

products distributed by healthcare 

product distributors. The association 

recommended that DEA reopen the 

rule’s comment period if the notice and 

comment period resulted in DEA 

obtaining further information relevant to 

the chemical mixtures or products 

potentially subject to the rule. 

DEA Response. As DEA did not 

receive other comments to the NPRM 

identifying chemical mixtures 

containing listed forms of phosphorus, 

DEA believes that it has thoroughly 

examined the number and types of 

mixtures potentially affected by this 

rule and has adequately addressed the 

impact of this rule on the regulated 

community. DEA notes, in fact, that the 

only other commenter to this rule 

supported the rule as proposed. This 

conclusion is consistent with 

information developed by DEA, through 

DEA’s research and comments received 

in response to the Advanced Notice of 

Proposed Rulemaking published 

January 31, 2003, (68 FR 4968) which 

specifically sought such information 

from interested parties. DEA does not 

believe that any products distributed by 

healthcare distributors will fall under 

the regulatory controls being finalized 

here. Therefore, DEA does not believe 

that this final rule will have any impact 

on this association’s members. 

After careful consideration of the 

comments received, DEA is hereby 

finalizing these regulatory controls 

exactly as proposed in the June 25, 

2010, Notice of Proposed Rulemaking 

(75 FR 36306). 

Exemption by Application Process 

DEA recognizes that the concentration 

limits established in this rule may not 

identify all phosphorus mixtures that 

should receive exemption status. DEA 

has implemented an application process 

to exempt additional mixtures (21 CFR 

1310.13). This application process was 

finalized in the Final Rule (68 FR 

23195) published May 1, 2003. Under 

the application process, manufacturers 

may submit an application for 

exemption for those mixtures that do 

not qualify for automatic exemption. 

Exemption status can be granted if DEA 

determines that the mixture is 

formulated in such a way that it cannot 

be easily used in the illicit production 

of a controlled substance and the listed 

chemical cannot be readily recovered 

(i.e., it meets the conditions in 21 U.S.C. 

802(39)(A)(vi)). An application may be 

for a single or a multiple number of 

formulations. All chemical mixtures 

which are granted exemption via the 

application process will be listed in 21 

CFR 1310.13(i). 

This rulemaking also establishes 

changes to the existing application 

process. 21 CFR 1310.13(e) provides 

that within 30 days after the receipt of 

an application for an exemption, the 

Administrator will notify the applicant 

of acceptance or rejection of the 

application. This paragraph is being 

modified in order to clarify that this 

acceptance or rejection only pertains to 

the acceptance or rejection of the 

application ‘‘for filing’’ and does not 

pertain to the granting or denial of the 

application based upon the merits of the 

application. Furthermore, DEA is 

modifying this paragraph by removing 

the 30 day timeframe for notification, 

and instead, specify that such 

notification be ‘‘in writing’’ and ‘‘within 

a reasonable period of time’’. 

Thresholds and Excluded Transactions 

for Regulated Phosphorus Chemical 

Mixtures 

Regulated phosphorus compounds do 

not have a threshold as described in 21 

CFR 1310.04(g)(1). Thus, all transactions 

in regulated phosphorus, including its 

regulated chemical mixtures, are 

regulated transactions. Certain 

transactions, described in 21 CFR 

1310.08 are excluded from the 

definition of a regulated transaction. 

These are domestic and international 

return shipments of reusable containers 

from customer to producer containing 

residual quantities of red phosphorus or 

white phosphorus in rail cars and 

intermodal tank containers which 

conform to International Standards 

Organization specifications (with 

capacities greater than or equal to 2500 

gallons in a single container). This 

exclusion also applies to regulated 

chemical mixtures containing red 

phosphorus or white phosphorus. 

Requirements That Apply to Regulated 

List I Chemical Mixtures 

Persons interested in handling List I 

chemicals, including regulated chemical 

mixtures containing List I chemicals, 

must comply with the following: 

Registration. Any person who 

manufactures, distributes, imports, or 

exports a List I chemical, or proposes to 

engage in the manufacture, distribution, 

importation, or exportation of a List I 

chemical, must obtain a registration 

pursuant to the CSA (21 U.S.C. 823, 

957). Regulations describing registration 

for List I chemical handlers are set forth 

in 21 CFR part 1309. 

Separate registration is required for 

manufacturing, distribution, importing, 

and exporting. Different locations 

operated by a single entity require 

separate registration if any location is 

involved with the manufacture, 

distribution, import, or export of a List 

I chemical. Any person manufacturing, 

distributing, importing, or exporting a 

regulated List I chemical mixture is 

subject to the registration requirement 

under the CSA. DEA recognizes, 

however, that it is not possible for 

persons who manufacture, distribute, 

import, or export regulated phosphorus 

compounds to immediately complete 

and submit an application for 

registration and for DEA to issue 

registrations immediately for those 

activities. Therefore, to allow continued 

legitimate commerce in the compounds, 

DEA is establishing in 21 CFR 1310.09 

a temporary exemption from the 

registration requirement for persons 

desiring to manufacture, distribute, 

import, or export regulated phosphorus 

compounds, provided that DEA receives 

a properly completed application for 

registration on or before July 5, 2011. 

The temporary exemption for such 

persons will remain in effect until DEA 

takes final action on their application 

for registration. 

The temporary exemption applies 

solely to the registration requirement; 

all other chemical control requirements, 

including recordkeeping and reporting, 

will remain in effect. Additionally, the 

temporary exemption does not suspend 

applicable Federal criminal laws 

relating to the phosphorus compounds, 

nor does it supersede state or local laws 

or regulations. All handlers of these 

materials must comply with their state 

and local requirements in addition to 

the CSA and other Federal regulatory 

controls. 


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31828 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

DEA notes that warehouses are 

exempt from the requirement of 

registration and may lawfully possess 

List I chemicals, if the possession of 

those chemicals is in the usual course 

of business (21 U.S.C. 822(c)(2), 21 

U.S.C. 957(b)(1)(B)). For purposes of this 

exemption, the warehouse must receive 

the List I chemical from a DEA 

registrant and shall only distribute the 

List I chemical back to the DEA 

registrant and registered location from 

which it was received. All other 

activities conducted by a warehouse do 

not fall under this exemption; a 

warehouse that distributes List I 

chemicals to persons other than the 

registrant and registered location from 

which they were obtained is conducting 

distribution activities and is required to 

register as such (21 U.S.C. 

802(39)(A)(ii)). 

Records and Reports. The CSA (21 

U.S.C. 830) requires that certain records 

be kept and reports be made that 

involve listed chemicals. Regulations 

describing recordkeeping and reporting 

requirements are set forth in 21 CFR 

Part 1310. A record must be made and 

maintained for two years after the date 

of a transaction involving a listed 

chemical, provided the transaction is a 

regulated transaction. 

Each regulated bulk manufacturer of a 

regulated mixture shall submit 

manufacturing, inventory and use data 

on an annual basis (21 CFR 1310.05(d)). 

Bulk manufacturers producing the 

mixture solely for internal consumption, 

e.g., formulating a non-regulated 

mixture, are not required to submit this 

information. Existing standard industry 

reports containing the required 

information are acceptable, provided the 

information is readily retrievable from 

the report. 

Title 21 CFR 1310.05 requires that 

each regulated person shall report to 

DEA any regulated transaction involving 

an extraordinary quantity of a listed 

chemical, an uncommon method of 

payment or delivery, or any other 

circumstance that the regulated person 

believes may indicate that the listed 

chemical will be used in violation of the 

CSA. Regulated persons are also 

required to report to DEA any proposed 

regulated transaction with a person 

whose description or other identifying 

information has been furnished to the 

regulated person. Finally, regulated 

persons are required to report any 

unusual or excessive loss or 

disappearance of a listed chemical. 

Import/Export. All imports/exports of 

a listed chemical shall comply with the 

CSA (21 U.S.C. 957 and 971). 

Regulations for importation and 

exportation of List I chemicals are 

described in 21 CFR Part 1313. Separate 

registration is necessary for each activity 

(21 CFR 1309.22). 

Security. All applicants and 

registrants shall provide effective 

controls against theft and diversion of 

chemicals as described in 21 CFR 

1309.71. 

Administrative Inspection. Places, 

including factories, warehouses, or 

other establishments and conveyances, 

where regulated persons may lawfully 

hold, manufacture, or distribute, 

dispense, administer, or otherwise 

dispose of a regulated chemical/ 

chemical mixture, or where records 

relating to those activities are 

maintained, are controlled premises as 

defined in 21 CFR 1316.02(c). The CSA 

(21 U.S.C. 880) allows for administrative 

inspections of these controlled premises 

as provided in 21 CFR part 1316 subpart 

A. 

The goal of this rulemaking is to deny 

traffickers access to regulated 

phosphorus compounds while 

minimizing the burden on legitimate 

industry. Persons who obtain a 

regulated chemical, but do not 

distribute the chemical, are end users. 

End users are not subject to CSA 

chemical regulatory control provisions 

such as registration or recordkeeping 

requirements. Some examples of end 

users are those who chemically react 

phosphorus compounds and change 

them into non-listed chemicals, 

formulate phosphorus compounds into 

exempt chemical mixtures or consume 

them in industrial processes. 

Technical Revision to 21 CFR 

1310.12(a) and 1310.13(i) 

While preparing the June 25, 2010 

Notice of Proposed Rulemaking, DEA 

became aware that references to Section 

1018 of the Act (21 U.S.C. 971) were 

inadvertently omitted from 21 CFR 

1310.12(a) and 1310.13(i). Therefore, 

DEA proposed the amendment of these 

sections by adding this citation. This 

Final Rule implements that 

modification. This insertion is a 

clarification and does not alter the 

current treatment of exempt chemical 

mixtures under the CSA. 

As DEA discussed in its December 15, 

2004, Final Rule (specifically 69 FR 

74963, comment 10) all chemical 

mixtures not exempt from CSA 

regulatory controls are subject to all 

aspects of those controls, including 

importation and exportation 

requirements. Thus, chemical mixtures 

that are exempt under 21 CFR 1310.12 

and 1310.13 are also exempt from the 

requirements of Section 1018 of the Act 

(21 U.S.C. 971). The requirements of 21 

U.S.C. 971 apply to ‘‘each regulated 

person, who imports or exports a listed 

chemical.’’ Since a person distributing 

an exempt chemical mixture is not a 

‘‘regulated person’’ as defined by 21 

U.S.C. 802(38), that person is exempt 

from the requirements of 21 U.S.C. 971. 

DEA notes that this is a technical 

correction only. All exempt chemical 

mixtures have been treated as such for 

import and export purposes, and all 

regulated mixtures have been treated as 

regulated transactions for import and 

export purposes. DEA is merely 

including a reference which was 

inadvertently omitted from this 

regulatory language. 

Regulatory Analyses 

Regulatory Flexibility and Small 

Business Concerns 

The Administrator hereby certifies 

that this rulemaking has been drafted in 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612). The 

RFA requires agencies to determine 

whether a rulemaking could have a 

significant economic impact on a 

substantial number of small entities. 

DEA sought comment on two separate 

occasions regarding this action. On 

January 31, 2003, DEA published in the 

Federal Register an ANPRM (68 FR 

4968) to solicit input from industry 

regarding chemical mixtures containing 

regulated phosphorus. DEA received 

three responses to this request, all from 

industrial firms. In addition, DEA 

obtained information on types of 

formulations containing regulated 

phosphorus and their uses separate from 

the ANPRM. All three commenters to 

the ANPRM informed DEA of 

commercial applications for their 

chemical mixtures containing regulated 

phosphorus. The commenters also 

informed DEA of concentration ranges 

for red phosphorus and salts of 

hypophosphorous acid (e.g. 

hypophosphite salts). In the NPRM, 

DEA sought information from 

manufacturers about the impact of 

setting concentration limits for chemical 

mixtures containing phosphorus. Only 

two comments were received in 

response to the NPRM. Neither of these 

comments noted information to change 

DEA’s belief that the cost of compliance 

with this rule is low and is unlikely to 

impose a significant cost on any 

manufacturing, distributing, importing, 

or exporting firm. DEA has not 

identified any chemical mixtures 

containing hypophosphorous acid or 

white phosphorus either through 

industry comments or as a result of DEA 

research. It is possible, therefore, that 

there are no entities that will be subject 

to DEA’s requirements because of this 


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31829 

rule. Nonetheless, DEA provides the 

following discussion describing small 

businesses that might potentially handle 

these chemical mixtures. 

The rules for listed chemicals apply to 

chemical manufacturers, distributors, 

importers, and exporters. The chemical 

manufacturers that would handle 

mixtures containing phosphorus would 

probably be classified in the all other 

basic inorganic chemical manufacturers 

sector (NAICS 325188). The average 

value of shipments for chemical 

manufacturers in this sector with 1–9 

employees ranges from $2 million to 

$5.6 million. Because the recordkeeping 

requirements can be met with standard 

business records and most firms 

maintain adequate security to meet 

DEA’s regulations, the only cost directly 

associated with this rule for a chemical 

manufacturer would be the DEA 

registration fee of $2,293, which 

represents approximately 0.1 percent of 

the value of shipments for the smallest 

firm. DEA assumes that chemical 

distributors, importers, and exporters 

that would handle mixtures containing 

phosphorus fall into the other chemical 

and allied products merchant 

wholesalers sector (NAICS 424690). The 

average revenue of chemical 

wholesalers with 1–4 employees is 

approximately $2.5 million. The only 

cost directly associated with this rule 

for a chemical distributor, importer, or 

exporter would be the DEA registration 

fee of $1,147, which represents 

approximately 0.04 percent of revenue 

for the smallest chemical wholesalers. 

Based on both the lack of entities 

identified that may be subject to this 

regulation and the low cost of the rule, 

DEA certifies that the rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Executive Orders 13563 and 12866 

This regulation has been developed in 

accordance with the principles of 

Executive Orders 13563 and 12866 and 

has been reviewed by the Office of 

Management and Budget. The 

information DEA received in response 

to the ANPRM and NPRM indicate that 

few phosphorus mixtures will be subject 

to the regulation. Those mixtures appear 

to be produced by current DEA 

registrants on whom the rule will 

impose no new requirements. 

As stated earlier in this rulemaking 

the vast majority of the chemical 

mixtures that will become subject to this 

rulemaking have large industrial uses. 

Regulated chemical mixtures are not 

items having common household uses. 

Although concerned about the diversion 

of matchbook striker plates, DEA 

determined that the regulation of 

matchbook striker plates is impractical 

and will create undue administrative 

burdens for both law enforcement and 

the regulated sector. 

Benefits. Phosphorus is a chemical 

important in the clandestine 

manufacture of methamphetamine and 

amphetamine. This rule seeks to 

eliminate the use of certain chemical 

mixtures whose high concentrations of 

phosphorus make them valued by 

traffickers seeking this chemical for 

their clandestine laboratory operations. 

The surge in methamphetamine abuse 

and the manufacture of the drug in 

clandestine laboratories have caused 

serious law enforcement and 

environmental problems, particularly in 

rural communities. 

This rule is intended to continue the 

trend of reducing the number of 

clandestine laboratories. This trend will 

reduce the cost to state and local 

governments as well as the hazard to 

law enforcement officers and others 

from exposure to the toxic chemicals 

left behind. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988 Civil 

Justice Reform to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards and reduce burden. 

Executive Order 13132 

This rulemaking does not preempt or 

modify any provision of State law; nor 

does it impose enforcement 

responsibilities on any State; nor does it 

diminish the power of any State to 

enforce its own laws. Accordingly, this 

rulemaking does not have federalism 

implications warranting the application 

of Executive Order 13132. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $126,400,000 or more 

(adjusted for inflation) in any one year, 

and will not significantly or uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Congressional Review Act 

This rule is not a major rule as 

defined by Section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act). This rule will not result in 

an annual effect on the economy of 

$100,000,000 or more; a major increase 

in cost or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Executive Order 13175 

This rule will not have Tribal 

implications and will not impose 

substantial direct compliance costs on 

Indian Tribal governments. 

Paperwork Reduction Act 

This rule establishes regulations 

stating that chemical mixtures 

containing 80 percent and less of red 

phosphorus or 30 percent and less of 

hypophosphorous acid or its salts are 

automatically exempt from CSA 

regulatory controls pertaining to 

chemicals and that no automatic 

exemption be established for chemical 

mixtures containing white phosphorus. 

Under this method of automatic 

exemption, persons who handle these 

exempt chemical mixtures will not be 

subject to CSA regulatory controls, 

including the requirement to register 

with DEA, the requirement to report 

manufacturing activities to DEA 

annually, and the requirement to file 

importation and exportation advance 

notification and return declaration 

information with DEA. For persons 

handling regulated chemical mixtures, 

DEA anticipates granting some of these 

mixtures exempt status by the 

application process (21 CFR 1310.13). 

Given comments received in response 

to the NPRM, DEA does not believe that 

the impact will be significant. DEA 

anticipates that some chemical mixtures 

would be granted exemptions based on 

the application process. 

List of Subjects in 21 CFR Part 1310 

Drug traffic control, List I and List II 

chemicals, reporting requirements. 

For the reasons set out above, 21 CFR 

part 1310 is amended as follows: 

PART 1310—RECORDS AND 

REPORTS OF LISTED CHEMICALS 

AND CERTAIN MACHINES 

■ 1. The authority citation for part 1310 

continues to read as follows: 

Authority: 21 U.S.C. 802, 827(h), 830, 

871(b), 890. 

■ 2. Section 1310.09 is amended by 

adding paragraph (m) to read as follows: 

§ 1310.09 Temporary exemption from 

registration. 

* * * * * 

(m)(1) Each person required by 

Sections 302 or 1007 of the Act (21 


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31830 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

U.S.C. 822, 957) to obtain a registration 

to manufacture, distribute, import, or 

export regulated chemical mixtures 

which contain red phosphorus, white 

phosphorus, hypophosphorous acid 

(and its salts), pursuant to §§ 1310.12 

and 1310.13, is temporarily exempted 

from the registration requirement, 

provided that DEA receives a properly 

completed application for registration or 

application for exemption on or before 

July 5, 2011. The exemption will remain 

in effect for each person who has made 

such application until the 

Administration has approved or denied 

that application. This exemption applies 

only to registration; all other chemical 

control requirements set forth in parts 

1309, 1310, and 1313 of this chapter 

remain in full force and effect. 

(2) Any person who manufactures, 

distributes, imports, or exports a 

chemical mixture which contains red 

phosphorus, white phosphorus, 

hypophosphorous acid (and its salts) 

whose application for exemption is 

subsequently denied by DEA must 

obtain a registration with DEA. A 

temporary exemption from the 

registration requirement will also be 

provided for those persons whose 

applications are denied, provided that 

DEA receives a properly completed 

application for registration on or before 

30 days following the date of official 

DEA notification that the application for 

exemption has not been approved. The 

temporary exemption for such persons 

will remain in effect until DEA takes 

final action on their registration 

application. 

■ 3. Section 1310.12 is amended by 

revising paragraph (a) and by amending 

the Table of Concentration Limits in 

paragraph (c) by adding entries for 

‘‘hypophosphorous acid and its salts’’, 

‘‘red phosphorus’’, and ‘‘white 

phosphorus’’ in alphabetical order under 

‘‘List I Chemicals’’ to read as follows: 

§ 1310.12 Exempt chemical mixtures. 

(a) The chemical mixtures meeting the 

criteria in paragraphs (c) or (d) of this 

section are exempted by the 

Administrator from application of 

sections 302, 303, 310, 1007, 1008, and 

1018 of the Act (21 U.S.C. 822, 823, 830, 

957, 958, and 971) to the extent 

described in paragraphs (b) and (c) of 

this section. 

* * * * * 

(c) * * * 

TABLE OF CONCENTRATION LIMITS

DEA chemical 

code No. 

Concentration 

(percent) Special conditions 

List I Chemicals 

*******

Hypophosphorous acid 

and its salts.

6797 30% by weight if a solid, 

weight or volume if a 

liquid.

The weight is determined by measuring the mass of hypophosphorous 

acid and its salts in the mixture, the concentration limit is calculated by 

summing the concentrations of all forms of hypophosphorous acid and 

its salts in the mixture. The Administration does not consider a chemical mixture to mean the combination of a listed chemical and an inert 

carrier. Therefore, any solution consisting of hypophosphorous acid 

(and its salts), dispersed in water, alcohol, or another inert carrier, is 

not considered a chemical mixture and is therefore subject to chemical 

regulatory controls at all concentrations. 

*******

Red Phosphorus ............ 6795 80% by weight. 

*******

White phosphorus .......... 6796 Not exempt at any concentration.Chemical mixtures containing any amount of white phosphorus are not 

exempt due to concentration, unless otherwise exempted. 

*******

* * * * * 

■ 4. Section 1310.13 is amended by 

revising paragraph (e) and paragraph (i) 

introductory text to read as follows: 

§ 1310.13 Exemption of chemical mixtures; 

application. 

* * * * * 

(e) Within a reasonable period of time 

after the receipt of an application for an 

exemption under this section, the 

Administrator will notify the applicant 

in writing of the acceptance or rejection 

of the application for filing. If the 

application is not accepted for filing, an 

explanation will be provided. The 

Administrator is not required to accept 

an application if any information 

required pursuant to paragraph (c) of 

this section or requested pursuant to 

paragraph (d) of this section is lacking 

or not readily understood. The applicant 

may, however, amend the application to 

meet the requirements of paragraphs (c) 

and (d) of this section. If the exemption 

is subsequently granted, the applicant 

shall again be notified in writing and 

the Administrator shall issue, and 

publish in the Federal Register, an 

order on the application. This order 

shall specify the date on which it shall 

take effect. The Administrator shall 

permit any interested person to file 

written comments on or objections to 

the order. If any comments or objections 

raise significant issues regarding any 

findings of fact or conclusions of law 

upon which the order is based, the 

Administrator may suspend the 

effectiveness of the order until he has 

reconsidered the application in light of 

the comments and objections filed. 

Thereafter, the Administrator shall 

reinstate, terminate, or amend the 

original order as deemed appropriate. 

* * * * * 

(i) The following chemical mixtures, 

in the form and quantity listed in the 

application submitted (indicated as the 

‘‘date’’) are designated as exempt 

chemical mixtures for the purposes set 

forth in this section and are exempted 

by the Administrator from application 

of Sections 302, 303, 310, 1007, 1008, 

and 1018 of the Act (21 U.S.C. 822, 823, 

830, 957, 958, and 971): 

* * * * * 


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31831 

Dated: May 16, 2011. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2011–13686 Filed 6–1–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 1, 27, 96, 101, 107, 115, 

117, 135, 140, 148, 150, 151, 160, 161, 

162, 164, 166, 167, and 169 

[Docket No. USCG–2011–0257] 

RIN 1625–AB69 

Navigation and Navigable Waters; 

Technical, Organizational, and 

Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: This rule makes nonsubstantive changes throughout Title 33 

of the Code of Federal Regulations. The 

purpose of this rule is to make 

conforming amendments and technical 

corrections to Coast Guard navigation 

and navigable water regulations. This 

rule will have no substantive effect on 

the regulated public. These changes are 

provided to coincide with the annual 

recodification of Title 33 on July 1, 

2011. 

DATES: This final rule is effective June 

2, 2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0257 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2011–0257 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Leo Huott, Coast Guard; 

telephone 202–372–1027, e-mail 

Leo.S.Huott@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Regulatory History 

II. Background 

III. Basis and Purpose 

IV. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Collection of Information 

D. Federalism 

E. Unfunded Mandates Reform Act 

F. Taking of Private Property 

G. Civil Justice Reform 

H. Protection of Children 

I. Indian Tribal Governments 

J. Energy Effects 

K. Technical Standards 

L. Environment 

I. Regulatory History 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

rule. Under 5 U.S.C. 553(b)(A) the Coast 

Guard finds this rule is exempt from 

notice and comment rulemaking 

requirements because these changes 

involve rules of agency organization, 

procedure, or practice. In addition, the 

Coast Guard finds notice and comment 

procedures are unnecessary under 5 

U.S.C. 553(b)(B) as this rule consists 

only of corrections and editorial, 

organizational, and conforming 

amendments and these changes will 

have no substantive effect on the public. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that, for the same reasons, 

good cause exists for making this rule 

effective upon publication in the 

Federal Register. 

II. Background 

Each year, the printed edition of Title 

33 of the Code of Federal Regulations is 

recodified on July 1. This rule, which 

becomes effective June 2, 2011, makes 

technical and editorial corrections 

throughout Title 33. This rule does not 

create any substantive requirements. 

III. Basis and Purpose 

This rule amends 33 CFR part 1 to 

reflect changes in agency organization 

by removing § 1.01–60(a)(1)(ii) and 

combining § 1.01–60(a)(1)(i) with 

§ 1.01–60(a)(1). Because the Coast Guard 

is no longer a component of the 

Department of Transportation (DOT), 

DOT Order 5610.1C (Procedures for 

Considering Environmental Impacts) no 

longer applies. 

This rule revises 33 CFR part 27. The 

Coast Guard is adjusting fines and other 

civil monetary penalties to reflect the 

impact of inflation. These adjustments 

are made in accordance with the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended by the Debt 

Collection Improvement Act of 1996, 

and implement the provisions of these 

statutes. These statutes require the Coast 

Guard to periodically adjust the civil 

monetary penalties for inflation by a 

method that is specifically prescribed 

within these statutes and which allows 

no discretion. The statutory method 

specifies the inflation measure to be 

used, the method for the calculation of 

the inflation adjustment, and the 

method for the numerical rounding of 

the results. The last inflation 

adjustments were made in 2010. 

The changes in Civil Penalties for 

calendar year 2011 are based on the 

change in CPI–U from June 2009 to June 

2010. The recorded change in CPI–U 

during that period was 1.05%. Because 

of the small change in CPI–U and the 

required rules for rounding, there was 

no change to any of the maximum 

penalty amounts from the previous 

adjustment. 

This rule amends § 115.05 by 

replacing the term ‘‘builder’’ with the 

term ‘‘applicant’’ to clarify the Coast 

Guard’s intent and make the affected 

provision consistent with other 

provisions in this section and other 

sections of part 115. This rule also 

corrects grammatical errors and details 

established requirements regarding the 

information needed on the plan sheets 

that accompany a bridge permit request. 

This rule removes § 115.50(d) because 

the information it provides is already 

explained throughout the section. 

This rule amends 33 CFR part 117 to 

correct the names of the S14 Bridge and 

the S1 Bridge and to provide an updated 

phone number to the Kansas City 

Southern automated bridge. Also 

‘‘Pelican Island Causeway’’ is removed 

from the title of § 117.977 and the 

section is redesignated to follow the 

alphabetical order of state waterways set 

out in this subpart. 

This rule amends parts 135, 140, 148, 

and 150 of Title 33 with an 

organizational name change from the 

Minerals Management Service (MMS) to 

the Bureau of Ocean Energy 

Management Regulation and 

Enforcement (BOEMRE). 

This rule amends paragraph 161.15(a) 

to correct a typographical error that 

erroneously omitted the words ‘‘within 

a’’. The correction to the section is not 

substantive and does not impose any 

new requirement, but clarifies the 

meaning of this portion of part 161. 

This rule amends 33 CFR part 164 to 

remove LORAN C from the list of 

options for vessel electronic position 

fixing devices. Removing LORAN C 

from 33 CFR part 164 will have no 

substantive effect on the public because 

the use of LORAN C has not been 

supported by the Coast Guard since 

February 2010, and this section is no 

longer applicable. 


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