36306 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

determinations, such appeal shall be 

filed with the Commission within 30 

days of receipt of actual notice of the 

determination. 

(b) The appeal shall identify the 

specific action or decision for which a 

hearing is requested, the date of the 

action or decision, the interest of the 

person requesting the hearing in the 

subject matter of the appeal, and a 

statement setting forth the basis for 

objecting to or seeking review of the 

action or decision. Appeals omitting any 

of these elements will be considered 

incomplete and not considered by the 

Commission. 

(c) Any request not filed on or before 

the applicable deadline established in 

paragraph (a) of this section hereof will 

be deemed untimely and such request 

for a hearing shall be considered denied 

unless the Commission otherwise 

authorizes it nunc pro tunc. Receipt of 

requests for hearings, pursuant to this 

section, whether timely filed or not, 

shall be submitted by the Executive 

Director to the commissioners for their 

information. 

(d) Petitioners shall be limited to a 

single filing that shall set forth all 

matters and arguments in support 

thereof, including any ancillary motions 

or requests for relief. Issues not raised 

in this single filing shall be considered 

waived and filings may only be 

amended or supplemented upon leave 

of the Executive Director. Where the 

petitioner is appealing a final 

determination on a project application 

and is not the project sponsor, the 

petitioner shall serve a copy of the 

appeal upon the project sponsor within 

five days of its filing. 

(e) If granted, hearings shall be held 

not less than 20 days after notice 

appears in the Federal Register. 

Hearings may be conducted by one or 

more members of the Commission, by 

the Executive Director, or by such other 

hearing officer as the Commission may 

designate. 

(1) The petitioner may also request a 

stay of the action or decision giving rise 

to the appeal pending final disposition 

of the appeal, which stay may be 

granted or denied by the Executive 

Director after consultation with the 

Commission chair and the member from 

the affected member State. The decision 

of the Executive Director on the request 

for stay shall not be appealable to the 

Commission under this section and 

shall remain in full force and effect until 

the Commission acts on the appeal. 

(2) In addition to the contents of the 

request itself, the Executive Director, in 

granting or denying the request for stay, 

will consider the following factors: 

(i) Irreparable harm to the petitioner. 

(ii) The likelihood that the petitioner 

will prevail. 

(f) The Commission shall grant the 

hearing request pursuant to this section 

if it determines that an adequate record 

with regard to the action or decision is 

not available, the case involves a 

determination by the Executive Director 

or staff which requires further action by 

the Commission, or that the 

Commission has found that an 

administrative review is necessary or 

desirable. If the Commission denies any 

request for a hearing, the party seeking 

such hearing shall be limited to such 

remedies as may be provided by the 

compact or other applicable law or court 

rule. 

(g) If a hearing is granted, the 

Commission shall refer the matter for 

hearing to be held in accordance with 

§ 808.3, and appoint a hearing officer. 

(h) Intervention. (1) A request for 

intervention may be filed with the 

Commission by persons other than the 

petitioner within 20 days of the 

publication of a notice of the granting of 

such hearing in the Federal Register. 

The request for intervention shall state 

the interest of the person filing such 

notice, and the specific grounds of 

objection to the action or decision or 

other grounds for appearance. The 

hearing officer(s) shall determine 

whether the person requesting 

intervention has standing in the matter 

that would justify their admission as an 

intervener to the proceedings in 

accordance with Federal case law. 

(2) Interveners shall have the right to 

be represented by counsel, to present 

evidence and to examine and crossexamine witnesses. 

* * * * * 

Dated: June 15, 2010. 

Thomas W. Beauduy, 

Deputy Director. 

[FR Doc. 2010–15282 Filed 6–24–10; 8:45 am] 

BILLING CODE 7040–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1310 

[Docket No. DEA–228P] 

RIN 1117–AA66 

Chemical Mixtures Containing Listed 

Forms of Phosphorus and Change in 

Application Process 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The DEA is proposing 

regulations which establish those 

chemical mixtures containing red 

phosphorus, white phosphorus (also 

known as yellow phosphorus), or 

hypophosphorous acid and its salts 

(hereinafter ‘‘regulated phosphorus’’) 

that shall automatically qualify for 

exemption from the Controlled 

Substances Act (CSA) regulatory 

controls. DEA is proposing that 

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 

proposing automatic exemption for 

chemical mixtures containing white 

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 proposes changes 

to the application review and 

notification process. 

While preparing this 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 is proposing that this rulemaking 

amend these sections by adding this 

citation. This insertion is a clarification 

and does not alter the current treatment 

of exempt chemical mixtures under the 

CSA. 

DATES: Written comments must be 

postmarked, and electronic comments 

must be sent, on or before August 24, 

2010. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–228P’’ on all written and 

electronic correspondence. Written 

comments being sent via regular mail 

should be sent to the Deputy Assistant 

Administrator, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, VA 22152. Attention: DEA 

Federal Register Representative/ODL. 

Written comments sent via express mail 

should be sent to DEA Headquarters, 

Attention: DEA Federal Register 

Representative/ODL, 8701 Morrissette 

Drive, Springfield, VA 22152. 

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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 36307 

Comments may be directly sent to DEA 

electronically by sending an electronic 

message to 

dea.diversion.policy@usdoj.gov. 

Comments may also be sent 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site. 

DEA will accept attachments to 

electronic comments in Microsoft Word, 

WordPerfect, Adobe PDF, or Excel file 

formats only. DEA will not accept any 

file format other than those specifically 

listed here. 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov 

and in the Drug Enforcement 

Administration’s public docket. Such 

information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted and the comment, in 

redacted form, will be posted online and 

placed in the Drug Enforcement 

Administration’s public docket file. 

Please note that the Freedom of 

Information Act applies to all comments 

received. If you wish to inspect the 

agency’s public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION paragraph. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Sannerud, Ph.D., Chief, 

Drug and Chemical Evaluation Section, 

Office of Diversion Control, Drug 

Enforcement Administration, 8701 

Morrissette Drive, Springfield, VA 

22152. Telephone: (202) 307–7183. 

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 proposing 

concentration limits on chemical 

mixtures containing red phosphorus 

and/or hypophosphorous acid and its 

salts. If this rule is finalized as 

proposed, chemical mixtures containing 

either of these listed chemicals at or 

below the concentration limit would be 

automatically exempt from Controlled 

Substances Act (CSA) regulatory 

controls. Mixtures containing these 

chemicals above the concentration limit 

would be regulated as List I chemicals. 

DEA is not proposing automatic 

exemption for chemical mixtures 

containing white phosphorus. Unless 

otherwise exempted, all material 

containing white phosphorus shall 

become 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 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 (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)). 

DEA has treated all regulated 

chemical mixtures as non-regulated 

chemicals until such time that it 

promulgates a final rule that identifies 

specific chemical mixtures as exempt. 

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 

Title 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 

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36308 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

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 

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. 

Information Gathered by DEA 

Concerning Chemical Mixtures 

Containing Regulated Phosphorus 

On January 31, 2003, DEA published 

in the Federal Register an Advance 

Notice of Proposed Rulemaking 

(ANPRM) (68 FR 4968) to solicit input 

from industry regarding chemical 

mixtures containing regulated 

phosphorus. The ANPRM invited 

interested persons to supply 

information on formulations that 

contain 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 informed DEA 

of commercial applications for their 

chemical mixtures containing regulated 

phosphorus, which are discussed below. 

The commenters also informed DEA of 

concentration ranges for red phosphorus 

and salts of hypophosphorous acid (e.g. 

hypophosphite salts). DEA has not 

identified any chemical mixtures 

containing hypophosphorous acid or 

white phosphorus either through 

industry comments or as a result of DEA 

research. 

Comments to the ANPRM 

One commenter stated that its red 

phosphorus is stabilized against 

chemical reactions prior to its use by 

industry. To achieve this, the red 

phosphorus is blended with other 

chemicals to become part of a matrix 

that protects it from chemical reactions. 

The amount of red phosphorus 

formulated in these types of chemical 

mixtures is not more than 50 percent. 

The comment claimed that such red 

phosphorus cannot be used for the illicit 

production of methamphetamine. 

Another commenter reported that red 

phosphorus is formulated with dust 

suppressing agents. These chemical 

mixtures have applications as raw 

material used in different industrial 

sectors, including in the manufacturing 

of flame retardants, pyrotechnics, 

matches, and pesticides. The 

concentration of red phosphorus in 

these raw materials/chemical mixtures 

is generally above 90 percent. 

Two commenters informed DEA that 

sodium hypophosphite, a regulated salt 

of hypophosphorous acid, is used in 

low concentrations as a stabilizer or as 

a catalyst. Chemical mixtures for these 

applications are formulated within a 

range of less than one percent to no 

greater than 20 percent in sodium 

hypophosphite. Both commenters 

claimed that these formulations are not 

useful to traffickers. 

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. DEA conducted a review 

of data collected by the El Paso 

Intelligence Center (EPIC), which 

collects data on clandestine laboratory 

seizures by federal and state authorities. 

In 2004, EPIC reported 4,454 

methamphetamine laboratories that 

utilized red phosphorus; 458 of these 

obtained the red phosphorus from 

matchbook striker plates, which is 

approximately ten percent of the total. 

EPIC does not report the potential 

amount of methamphetamine produced 

from red phosphorus extracted from 

striker plates. However, only the 

smallest illicit laboratories (in terms of 

production capability) are known to use 

extracted red phosphorus, and these 

individuals manufacture predominantly 

for personal use. Although ten percent 

of the laboratories use extracted red 

phosphorus, the total amount of 

methamphetamine produced by these 

laboratories is relatively small. Large 

scale methamphetamine laboratories 

which have been identified by DEA 

have historically utilized bulk red 

phosphorus and not red phosphorus 

extracted from striker plates. 

Proposed Concentration Limits for 

Exempt Chemical Mixtures Containing 

Regulated Phosphorus 

DEA is proposing to establish 

concentration limits for chemical 

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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 36309 

mixtures containing phosphorus. If 

finalized as proposed, 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 is not proposing a 

concentration limit for white 

phosphorus and therefore, any chemical 

mixture containing white phosphorus 

would 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 proposing that a 30 percent 

concentration limit for 

hypophosphorous acid and its salts 

(hypophosphite salts) be established. 

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 proposing 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. 

Exemption by Application Process 

DEA recognizes that the concentration 

limits proposed 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 is also proposing 

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 proposed 

to be 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 

proposing that this paragraph be 

modified 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 2,500 

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. 

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36310 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

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 proposing to establish 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 30 days after 

DEA publishes a Final Rule finalizing 

these requirements in the Federal 

Register. 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. 

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 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 this 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 is proposing that this rulemaking 

amend these sections by adding this 

citation. 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 Certifications 

Regulatory Flexibility and Small 

Business Concerns 

The Deputy Administrator hereby 

certifies that this rulemaking has been 

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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 36311 

drafted in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). In the ANPRM, DEA sought 

information from manufacturers about 

the impact of setting concentration 

limits for chemical mixtures containing 

phosphorus. Only three companies, 

none small businesses, provided 

information. Some of the mixtures sold 

by one of the commenters would be 

subject to this proposed rule, but DEA 

could not determine whether any of the 

products that may be produced with 

those phosphorus mixtures would also 

be covered. DEA is, therefore, seeking 

comments on whether any of the 

products contain phosphorus would 

exceed the proposed concentration 

limits. DEA notes, however, that the 

cost of compliance with the rule is low 

and is unlikely to impose a significant 

cost on any manufacturing, distributing, 

importing, or exporting firm. The 

recordkeeping requirements can be met 

with standard business records; most 

firms maintain adequate security to 

meet DEA’s regulations. The primary 

cost of compliance is the registration 

fee. For manufacturers, the registration 

fee is $2,293 annually; for distributors, 

importers, and exporters, the fee is 

$1,147 annually. These fees are 

substantially less than one percent of 

annual sales for manufacturers, 

distributors, importers, and exporters. 

Data from the 2002 Economic Census 

indicate that small chemical 

manufacturers generally have sales well 

above $1 million; most small chemical 

distributors have sales above $250,000. 

Executive Order 12866 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, Section 1(b), Principles of 

Regulation. It has been determined that 

this rule is a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

Section 3(f), Regulatory Planning and 

Review, and accordingly this rule has 

been reviewed by the Office of 

Management and Budget. The 

information DEA received in response 

to the ANPRM indicates 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. DEA is seeking comments 

on whether any firms purchasing 

covered mixtures are producing 

products that would themselves be 

subject to the rule. 

As stated earlier in this rulemaking 

the vast majority of the chemical 

mixtures that will become subject to this 

proposed 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. 

Methamphetamine remains the 

primary drug produced in illicit 

laboratories within the U.S. Data from 

the El Paso Intelligence Center’s (EPIC) 

Clandestine Laboratory Database 

indicates that there were more than 

17,170 methamphetamine laboratory 

incidents in calendar year 2004; in 

2005, as State laws began to limit sales 

of over-the-counter medications 

containing primary ingredients used in 

the illicit manufacture of 

methamphetamine (ephedrine, 

pseudoephedrine, and 

phenylpropanolamine), the number of 

incidents declined to 12,139. In 2006, 

with both State and Federal controls 

coming into effect, the number of 

incidents fell significantly to 7,347, but 

that is still about 20 clandestine 

laboratory incidents a day. 

According to the Substance Abuse 

and Mental Health Services 

Administration (SAMHSA), Drug Abuse 

Warning Network, in 2003, the latest 

year for which data are available (since 

SAMHSA is currently amending 2004, 

2005, and 2006 data), amphetamine and 

methamphetamine emergency 

department (ED) visits rose from 25,200 

in 1995 to 38,960 in 2002 and 42,500 in 

2003 If the cost of the ED visit is $500, 

which is probably low in many areas, 

the total cost for 42,500 visits would 

have been $21.25 million for 2003. 

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. Rural areas are 

frequently the site of clandestine 

laboratories because the manufacturing 

process produces distinctive odors and 

can be identified if there are close 

neighbors. Besides causing crime as 

clandestine laboratory operators steal 

ingredients to make methamphetamine 

and steal to support their addiction, the 

clandestine laboratories often leave 

serious pollution behind. A laboratory 

can produce 6 to 10 pounds of 

hazardous waste for every pound of 

methamphetamine produced. As DEA 

noted in its Interim Final Rule 

implementing the retail sales 

requirements of the Combat 

Methamphetamine Epidemic Act of 

2005 (CMEA) (Title VII of Pub. L. 109– 

172), clean-up costs in Fiscal Year 2006 

were more than $12 million (71 FR 

56008, September 26, 2006). 

The Federal and State cleanups are 

generally limited to removing chemicals 

that could be reused; they do not 

address water and soil pollution that 

remains. Owners of the property are 

responsible for completing the cleanup 

of contaminated water and soil, but if 

the owner cannot pay the cost, either 

the local governments must bear the 

burden or the contamination remains. 

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. 

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 $120,000,000 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 

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36312 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Paperwork Reduction Act 

This rule proposes 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 proposed 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). 

At this time, DEA lacks specific 

information regarding the potential 

impact of this regulation on the 

regulated industry. DEA does not 

believe that the impact will be 

significant, and has been unable to 

identify any chemical mixtures that are 

certain to be affected by this regulation. 

DEA also anticipates that some chemical 

mixtures would be granted exemptions 

based on the application process. 

DEA does not have reliable estimates 

regarding the number of persons who 

would be required to register as a result 

of the control of chemical mixtures 

containing regulated forms of 

phosphorus. Nor does DEA have 

accurate estimates regarding 

manufacturing, import and export 

activities involving chemicals mixtures 

addressed in this rulemaking. Responses 

to the previous Advance Notice of 

Proposed Rulemaking did not address 

this issue. Therefore, DEA is specifically 

seeking information regarding the 

number of persons affected, and the 

potential number of importation and 

exportation transactions that would be 

affected by this regulation. Therefore, 

DEA will revise three existing 

information collections related to the 

handling of chemical mixtures 

containing listed forms of phosphorus 

once it receives further information: 

• ‘‘Application for Registration under 

Domestic Chemical Diversion Control 

Act of 1993 and Renewal Application 

for Registration under Domestic 

Chemical Diversion Control Act of 

1993’’ [OMB information collection 

1117–0031] 

• ‘‘Annual Reporting Requirement for 

Manufacturers of Listed Chemicals’’ 

[OMB information collection 1117– 

0029] 

• ‘‘Import/Export Declaration for List 

I and List II Chemicals’’ [OMB 

information collection 1117–0023] 

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 proposed to be amended as 

follows: 

PART 1310— RECORDS AND 

REPORTS OF LISTED CHEMICALS 

AND CERTAIN MACHINES [AMENDED] 

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 

revising paragraph (k) to read as follows: 

§ 1310.09 Temporary Exemption From 

Registration. 

* * * * * 

(k) Each person required by Sections 

302 and 1007 of the Act (21 U.S.C. 822 

and 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 Sections 

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 26, 2010. The exemption will 

remain in effect for each person who has 

made such application until the 

Administrator 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. Any 

person who manufactures, distributes, 

imports, or exports a chemical mixture 

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 these persons, 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 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

List I chemicals DEA chemical 

code number 

Concentration 

(percent) Special conditions 

*******

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. 

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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 36313 

TABLE OF CONCENTRATION LIMITS—Continued 

List I chemicals DEA chemical 

code number 

Concentration 

(percent) Special conditions 

*******

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. 

*******

List II chemicals.

*******

* * * * * 

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): 

* * * * * 

Dated: June 16, 2010. 

Michele M. Leonhart, 

Acting Administrator. 

[FR Doc. 2010–15160 Filed 6–24–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0441] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Arkansas Waterway, Pine Bluff, AR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

that operating procedures on the Rob 

Roy Drawbridge across the Arkansas 

Waterway at mile 67.4 at Pine Bluff, AR 

be revised in the Code of Federal 

Regulations to reflect that vessel 

operators contact the remote drawbridge 

operator via microphone keying on 

VHF–FM Channel 12 when requesting a 

draw opening. This keying activates an 

indicator on the remote drawbridge 

operator’s console and sends an 

acknowledgement tone back to the 

vessel and the remote drawbridge 

operator then establishes normal verbal 

radio communications. This protocol is 

used to isolate and differentiate these 

radio communications from the railroad 

communications that the remote 

drawbridge operator receives, thus 

ensuring that vessel calls receive 

immediate attention. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

August 24, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0441 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Eric Washburn, 

Bridge Administrator, Eighth Coast 

Guard District, Bridge Branch; 

telephone 314–269–2378, e-mail 

Eric.Washburn@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

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