Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules 57577

proposes to amend 14 CFR part 71 as

follows:

PART 71— DESIGNATION OF CLASS

A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is to be

amended as follows:

* * * * *

Paragraph 6005 Class E airspace extending

upward from 700 feet or more above the

surface of the earth.

* * * * *

AAL AK E5 Cape Newenham, AK [New]

Cape Newenham LRRS, AK

(Lat. 58°38′47′′ N., long. 162°03′46′′ W.)

That airspace extending upward from 700

feet above the surface within a 7 mile radius

of the Cape Newenham LRRS; and that

airspace extending upward from 1,200 feet

above the surface from lat. 58°38′00′′ N long.

162°18′00′′ W, clockwise to lat. 58°50′00′′ N

long. 162°26′00′′ W, to lat. 59°14′00′′ N long.

162°26′00′′ W, to lat. 59°14′00′′ N long.

161°35′00′′ W, to lat. 59°00′00′′ N long.

161°35′00′′ W, to the point of beginning.

* * * * *

Issued in Anchorage, AK, on September 14,

2000.

Anthony M. Wylie,

Acting Manager, Air Traffic Division, Alaskan

Region.

[FR Doc. 00–24481 Filed 9–22–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1310

[DEA Number 198P]

RIN 1117–AA57

Control of Red Phosphorus, White

Phosphorus and Hypophosphorous

Acid (and Its Salts) as List I Chemicals

AGENCY: Drug Enforcement

Administration (DEA), Justice.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Comprehensive Drug

Abuse Prevention and Control Act

(hereinafter the ‘‘Controlled Substances

Act’’ or ‘‘CSA’’) provides the Attorney

General with the authority to specify by

regulation, additional chemicals as ‘‘List

I’’ chemicals if they are used in the

manufacture of a controlled substance

in violation of the CSA and are

important to the manufacture of the

controlled substance. Because of their

use and importance in the illicit

manufacture of methamphetamine, a

Schedule II controlled substance, the

DEA is proposing the addition of red

phosphorus, white phosphorus (also

known as yellow phosphorus) and

hypophosphorous acid (and its salts) as

List I chemicals.

These phosphorus chemicals have

been identified as being important

chemicals for the illicit production of

methamphetamine. As List I chemicals,

handlers of these materials will be

subject to CSA chemical regulatory

controls including registration,

recordkeeping, reporting, and import/

export requirements. The Drug

Enforcement Administration (DEA) has

determined that these controls are

necessary to prevent the diversion of

these chemicals to clandestine drug

laboratories.

Given the small quantities and limited

uses of these chemicals necessary for

the production of methamphetamine,

the DEA is proposing that no threshold

be established for domestic and

international transactions. As such, all

transactions (regardless of size) shall be

considered regulated transactions,

subject to recordkeeping, reporting and/

or import/export notification

requirements.

DATES: Written comments must be

submitted on or before November 24,

2000.

ADDRESSES: Comments should be

submitted in triplicate to the Deputy

Administrator, Drug Enforcement

Administration, Washington, DC 20537,

Attention: DEA Federal Register

Representative/CCR.

FOR FURTHER INFORMATION CONTACT:

Frank L. Sapienza, Chief, Drug and

Chemical Evaluation Section, Office of

Diversion Control, Drug Enforcement

Administration, Washington D.C. 20537

at (202) 307–7183.

SUPPLEMENTARY INFORMATION:

What Is the Purpose of This Notice?

The Controlled Substances Act (CSA)

and its implementing regulations,

specifically 21 U.S.C. 802(34) and 21

CFR 1310.02 (c), provide the Attorney

General with the authority to specify, by

regulation, additional chemicals as ‘‘List

I’’ chemicals if they are used in the

manufacture of a controlled substance

in violation of the CSA and are

important to the manufacture of the

controlled substance. This authority has

been delegated to the Administrator of

DEA by 28 CFR 0.100 and redelegated

to the Deputy Administrator under 28

CFR 0.104 (Subpart R) Appendix Sec.

12.

This notice proposes the addition of

red phosphorus, white phosphorus (also

known as yellow phosphorus) and

hypophosphorous acid (and its salts) as

List I chemicals. Additionally, this

notice proposes that no threshold be

established for domestic and

international transactions.

What Specific Chemicals Does This

Proposed Regulation Include? What

Related Chemicals Will Not Be Subject

to This Control Action?

Phosphorus is a nonmetallic element

that can occur in three main allotropic

(i.e. crystalline) forms (white, red and

black). Elemental phosphorus is derived

from phosphate rock. The most

abundant variety produced is white

phosphorus (also known as yellow

phosphorus). Most other forms of

phosphorus and phosphorus chemicals

are produced from white phosphorus.

The white form is extremely flammable

and toxic and must be stored and

shipped in water.

The second crystalline form is red

phosphorus. Red phosphorus is usually

prepared as a powder and is more stable

and less toxic than the white form. A

black crystalline form of phosphorus is

also occasionally made and is similar to

graphite in its physical, thermal and

electrical properties.

The DEA is proposing that the white

and red forms of elemental phosphorus

be designated as List I chemicals. Black

phosphorus and phosphate rock will not

be affected by this proposed action.

Additionally, the DEA is proposing to

designate hypophosphorous acid and its

salts as List I chemicals. While

hypophosphorous acid (H3PO2) is most

commonly sold as 10%, 30% or 50%

solutions, the DEA is proposing the

control of all aqueous dilutions of

hypophosphorous acid. Salts of

hypophosphorous acid are known as

hypophosphite salts. The DEA is also

proposing that these salts be included as

List I chemicals. Examples of these salts

include: ammonium hypophosphite,

calcium hypophosphite, iron

hypophosphite, potassium

hypophosphite, manganese

hypophosphite, magnesium

hypophosphite and sodium

hypophosphite. Sodium hypophosphite

is the most commercially available salt

and is distributed in a white crystalline

form.

57578 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules

What Is Phosphorus Used for and How

Large Is the Industry?

DEA’s research indicates that there

are currently only two domestic

producers of elemental phosphorus. The

primary material derived from

phosphate rock is white phosphorus.

Other forms of phosphorus and other

phosphorus chemicals are manufactured

from white phosphorus. DEA obtained

1998 and 1999 sales data from both

producers. Over a two-year period, the

two firms had only a few customers.

Each customer appears to be a large

industrial firm.

The DEA reviewed independent data

for 1997 indicating that approximately

250,000 metric tons of elemental

phosphorus were consumed in the U.S.

Most consumers are large entities,

which primarily use elemental

phosphorous in the manufacture of

phosphorous chemicals not impacted by

this proposed regulation.

White phosphorus is primarily used

to produce phosphoric acid and other

phosphorus compounds including

phosphorus trichloride and

phosphorous pentasulfide and

phosphorus pentoxide. Over 98% of the

annual U.S. phosphorus demand is used

in the production of these four

compounds, none of which is subject to

this proposed action.

Industrial uses of red phosphorus

include the manufacture of

pyrotechnics, safety matches,

phosphoric acid and other phosphorus

compounds, fertilizers, incendiary

shells, smoke bombs, tracer bullets, and

pesticides. Very small volumes are used

to produce ultra-high-purity phosphorus

semiconductor grades) for application in

the electronics industry.

Hypophosphorous acid is commonly

used by large industry as a bleaching,

color stabilization or decoloring agent

for plastics, synthetic fibers (primarily

polyester) and chemicals. It is also used

in the preparation of hypophosphite

salts, which are in turn used in

synthetic fibers as wetting agents,

dispersing agents, anti-static agents and

emulsifying agents. Hypophosphorous

acid is also used as a chemical

intermediate in organic syntheses and as

a polymerization and polycondensation

catalyst. It also has applications as a

reducing agent and as an antioxidant.

The two most common salts of

hypophosphorous acid are sodium

hypophosphite and manganese

hypophosphite. The sodium salt is used

primarily in electroless nickel plating. It

is also used as a reducing agent,

analytical reagent, polymerization

catalyst, polymer stabilizer, and fire

retardant. While the manganese salt is

used primarily in nylon fiber

production, it also has application as a

chemical intermediate. The DEA has

identified two manufacturers of sodium

hypophosphite in the United States.

Why Does the DEA Believe That Control

of Red Phosphorus, White Phosphorus,

and Hypophosphorous Acid (and Its

Salts) Is Necessary?

The DEA has identified these

chemicals as being used in the illicit

production of methamphetamine. The

public health consequences of the

manufacture, trafficking, and abuse of

methamphetamine are well known and

documented.

These phosphorus chemicals play an

important role in the chemical reaction

to produce methamphetamine. A review

of the 50 largest methamphetamine

laboratories seized by DEA in 1998 was

recently conducted. The study revealed

that in those instances where the

production method could be

ascertained, red phosphorus was used

in 87% of these laboratories.

Additionally, a review of calendar years

1998–1999 clandestine laboratory

seizure data (reported by the El Paso

Intelligence Center and the Western

States Information Network) indicated

that more than 3750 seized

methamphetamine laboratories were

confirmed as utilizing phosphorus.

The majority of clandestine

methamphetamine laboratories seized in

the U.S. utilize phosphorus chemicals

as catalysts to drive the chemical

conversion of ephedrine or

pseudoephedrine to methamphetamine.

Since catalysts are necessary for the

preferred method used by illicit

laboratory operators, these phosphorus

chemicals are important to the

production of methamphetamine.

While the vast majority of these

laboratories utilized red phosphorus,

DEA is aware that a number of seized

laboratories have used white

phosphorus. DEA believes that the use

of white phosphorus is under-reported.

Many forensic laboratories do not

differentiate samples as being white

versus red phosphorus. These analytical

laboratories have historically identified

seized material simply as ‘phosphorus’.

The Idaho State Police, however, have

closely monitored the illicit use of white

phosphorus. Their information indicates

that in southeastern Idaho, white

phosphorus is frequently encountered

in methamphetamine laboratories. From

1997 through the first quarter of 2000,

86 methamphetamine laboratories were

seized in this region of Idaho. White

phosphorus was encountered at 35 of

these laboratories; red phosphorus was

encountered at 27 laboratories and the

type of phosphorus was not identified at

24 of these laboratories.

Recently the DEA has noted a small

but increasing use of hypophosphorous

acid at seized clandestine laboratories.

During 1998, the DEA identified a total

of only six methamphetamine

laboratories utilizing hypophosphorous

acid. In 1999, the DEA documented an

additional 48 laboratories utilizing

hypophosphorous acid. The trend

continues into calendar year 2000.

The DEA has also noted that detailed

recipes describing the production of

methamphetamine (using red

phosphorus, white phosphorus and

hypophosphorous acid) are being

disseminated on the Internet. If red

phosphorus alone is controlled, DEA

has concluded that clandestine

laboratory operators would rapidly

move to white phosphorus and

hypophosphorous acid. This would be

an undesired consequence, since both

the white phosphorus and

hypophosphorous acid methods of

illicit methamphetamine production are

significantly more hazardous methods.

White phosphorus is much more

flammable and toxic than red

phosphorus. If not stored in a solution,

white phosphorus spontaneously

combusts. The hypophosphorous acid

method is also extremely hazardous

since it produces phosphine gas. If not

confined within the reaction vessel,

ingestion of this poisonous gas can

result in death. Therefore, use of these

alternate methods poses increased

hazards for both law enforcement and

for the public.

Based on analysis of chemistry and

actual illicit use, DEA finds that these

three chemicals are important to the

manufacture of methamphetamine and

therefore meet the definition of List I

chemicals. Hence, this Notice proposes

that these chemicals be subject to CSA

regulatory controls for List I chemicals,

including registration, recordkeeping,

reporting, and import/export

requirements as specified in 21 CFR

parts 1309, 1310 and 1313. DEA

believes that these regulatory controls

are needed to prevent the diversion of

these phosphorus chemicals to

clandestine laboratories.

What Regulatory Controls Will Apply

to These Chemicals?

As List I chemicals, red phosphorus,

white phosphorus, and

hypophosphorous acid and its salts will

become subject to the chemical

regulatory control provisions and civil

and criminal sanctions of the CSA. As

such, recordkeeping, reporting and

import/export notification requirements

(as described in 21 U.S.C. 830 and 971

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules 57579

and 21 CFR parts 1310 and 1313) shall

apply. Manufacturers, distributors,

importers and exporters of white

phosphorus, red phosphorus and

hypophosphorous acid (and its salts)

will be required to register with the DEA

pursuant to 21 U.S.C. 822 and 823 and

21 CFR part 1309.

Handlers of these chemicals will also

be required to maintain records and

meet CSA import/export notification

requirements for ‘‘regulated

transactions’’ of these chemicals. The

CSA (21 U.S.C. 802(39)) defines the

term ‘‘regulated transaction’’ as a

‘‘distribution, receipt, sale, importation,

or exportation of, or an international

transaction involving the shipment of, a

listed chemical, or if the Attorney

General establishes a threshold amount

for a specific listed chemical,’’ a

transaction involving a threshold

amount’’. The CSA, therefore, provides

the Attorney General with authority to

establish a threshold amount for ‘‘listed

chemicals’’ if the Attorney General so

elects.

Why Is No Threshold Being

Established?

As noted above, these chemicals are

used as catalysts in the illicit synthesis

of methamphetamine. Therefore, the

manufacture of methamphetamine

requires only small quantities of these

chemicals.

DEA has not been able to identify any

household uses for red phosphorus,

white phosphorus or hypophosphorous

acid and its salts. However, these

materials are being distributed in small

quantities via Internet on-line auctions

and through chemical supply houses

directly to consumers. It is common to

find 500 ml bottles of hypophosphorous

acid or multi-ounce quantities of red

phosphorus repackaged in unlabeled

bags at seized laboratories.

Therefore the DEA believes that all

transactions should be regulated,

regardless of size, to prevent the

diversion of these phosphorus

chemicals to clandestine laboratories.

This notice proposes, therefore, that no

threshold be established for domestic

and international transactions.

What Steps Has the DEA Taken To

Solicit Information From the Legitimate

Phosphorus Industry?

DEA recognizes that these chemicals

have legitimate industrial uses and that

regulation of these phosphorus

chemicals may have some effect upon

certain industries. Therefore, DEA has

sought information on the phosphorus

chemical trade so that diversion of these

chemicals may be prevented with

minimal impact on legitimate industry.

Since red phosphorus was the

phosphorus chemical most frequently

encountered in clandestine

methamphetamine laboratories, the DEA

initially published an Advance Notice

of Proposed Rulemaking on February 2,

2000 (65 FR 4913) to solicit input from

potentially affected parties regarding: (1)

The nature of the legitimate red

phosphorus industry; (2) the legitimate

uses of red phosphorus at all levels of

distribution (including industrial uses

and use by individual end-users at the

retail level of distribution); (3) the

potential burden such regulatory

controls may have on legitimate

industry (particularly with respect to

the impact on small businesses); (4) the

potential number of individuals/firms

which may be adversely affected by

increased regulatory requirements; and

(5) any other information on the manner

of manufacturing, distribution,

consumption, storage, disposal, and

uses of red phosphorus by industry and

others. Both quantitative and qualitative

data were invited.

The DEA did not receive any

comments or input from the phosphorus

industry in response to this Notice. The

DEA did receive six comments from law

enforcement entities and two comments

from Federal prosecutors in support of

the control of red phosphorus as a listed

chemical.

Since laboratory seizure data sparked

concerns over the illicit use of white

phosphorus and hypophosphorous acid,

the DEA broadened the scope of its

research to include the entire

phosphorus chemical industry. Since no

industry input was received in response

to the Advance Notice of Proposed

Rulemaking, DEA directly contacted

domestic producers of elemental

phosphorus and importers of

phosphorus chemicals.

What Portion of the Phosphorus

Industry Is Potentially Impacted by

This Regulation? Why Does DEA

Believe That This Regulation Will Not

Impose a Significant Burden on a

Substantially Large Number of Firms?

DEA has identified only two domestic

producers of white phosphorus. While

producers of white phosphorus will be

required to register with DEA and

maintain records of each regulated

transaction (i.e. all transactions of these

chemicals), over 98% of the phosphorus

distributed by these two producers is

eventually converted to a form not

impacted by this proposed regulation.

Handlers which acquire phosphorus

and convert it to non-regulated forms

will not be subject to CSA regulatory

requirements.

The remaining 2% of the phosphorus

(used domestically) is utilized in its

elemental form (i.e. as red phosphorus

or white phosphorus) or used to

produce all other phosphorus chemicals

including sodium hypophosphite and

hypophosphorous acid. Therefore, this

proposed regulation will only affect the

distribution of less than 2% of the

industry at the end user level. It is

believed that there are few firms

handling these regulated forms (i.e. red

phosphorus, white phosphorus and

hypophosphorous acid and its salts.)

Additionally, it appears that these

chemicals have only industrial uses.

The DEA has not been able to identify

any ‘household’ uses for red

phosphorus, white phosphorus, or

hypophosphorous acid (and its salts).

In an effort to better estimate the

potential impact of this proposed action,

the DEA conducted an analysis of

various data sources relating to the

manufacture, distribution, and use of

phosphorus, hypophosphorous acid,

and the hypophosphites. This included

an analysis of current chemical

producers and marketing directories (to

identify companies listing themselves as

sources of these chemicals). In addition,

Material Safety Data Sheets (MSDSs)

were collected. Companies creating

MSDSs for chemicals are likely to

manufacture or distribute the chemicals.

DEA also examined Environmental

Protection Agency (EPA) reporting

requirements pertaining to phosphorus,

hypophosphorous acid, and the

hypophosphites. Of the three chemicals

subject to this proposed rule, only

phosphorus is regulated under programs

that require reporting to EPA.

Phosphorus is covered by the Toxic

Release Inventory (TRI) program, which

requires an annual report to EPA listing

the maximum quantity on site, the uses

of the chemical, releases to the

environment, and transfers offsite. The

TRI data have the advantage that they

provide information on the quantity of

a chemical transferred offsite as a waste,

and the name of the offsite treatment

facility. The last element is important

because, while there are few

manufacturers of the chemical, there are

users who may come under the

proposed regulations because they

distribute the chemical to waste

treatment facilities.

Phosphorus is also subject to

Department of Transportation (DOT)

hazardous material (‘‘hazmat’’)

regulations so that interstate and

intrastate transportation require

shipping papers. Additionally,

hypophosphorous acid is covered in

interstate commerce. The MSDSs

located for the hypophosphites indicate

57580 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules

that they are not covered by the DOT

hazmat rules.

The analysis concluded that there are

only two bulk manufacturers of

phosphorus, most of whose product is

sold to chemical manufacturers or

exported. A limited number of other

facilities manufacture phosphorus as a

by-product or import phosphorus. The

hypophosphites are similarly produced

by very few facilities. The analysis

identified two main producers of the

hypophosphites. Additionally, two

producers of hypophosphorous acid

were identified. One of the two

producers recently acquired the other.

Therefore, only five manufacturers are

likely to be affected by this proposed

regulation.

A review of chemical marketing

directories identified at least 39

companies, other than the

manufacturers, that claim to sell these

substances.

In 1998, 53 facilities reported to EPA

for phosphorus. Most of these

companies would not be required to

register with DEA unless they sell

phosphorus or transfer it offsite.

Twenty-one of the 53 facilities reporting

phosphorus under TRI sent phosphorus

offsite to 30 separate places for

treatment as waste. Many of the

transfers were for recovery or recycling

and a few were for disposal in landfills.

A few reported releasing the substance

to publicly owned treatment works (i.e.,

wastewater treatment).

This waste material would likely be

considered a chemical mixture

containing phosphorus. While chemical

mixtures are currently exempt from CSA

chemical regulatory requirements, the

DEA is preparing regulations pertaining

to such mixtures.

This proposed regulation is not

considered to have an impact upon a

substantial number of firms, given the

limited distribution of these three

chemicals. Additionally, it is likely that

the CSA recordkeeping requirements are

already being met as part of normal

business practice. For phosphorus,

compliance with EPA and DOT

regulations should document

distributions to customers and offsite

waste transfers. Hypophosphorous acid

shipments should be documented, but

shipments of the hypophosphites may

not be. Nonetheless, it is likely that

chemical distributors do maintain

records of shipments and customers

even if shipping papers are not required.

How Many Importers and Exporters

Are Potentially Affected?

According to 1999 maritime data (as

reported by the Pier Import Export

Reporting Service), imports of

phosphorus chemicals into the U.S.

totaled 101 shipments for a total of

2,500 metric tons to 36 different firms.

U.S. exports totaled approximately 180

shipments of 4,300 metric tons by 32

firms.

Prior to preparing this proposal the

DEA also solicited information directly

from importers. This data indicated that

most all the material appeared to be for

large industrial uses.

As Part of This Proposed Rulemaking,

the DEA Again Invites Input Regarding

the Legitimate Uses for These

Chemicals

This notice solicits input regarding:

(1) The nature of the legitimate

phosphorus industry; (2) the legitimate

uses of phosphorus at all levels of

distribution (including industrial uses

and use by individual end-users at the

retail level of distribution); (3) the

potential impact such regulatory

controls may have on legitimate

industry (particularly with respect to

the impact on small businesses); (4) the

potential number of individuals/firms

which may be affected by increased

regulatory requirements; and (5) any

other information on the manner of

manufacturing, distribution,

consumption, storage, disposal, and

uses of phosphorus by industry and

others. Comments must be submitted on

or before November 24, 2000.

The Deputy Administrator hereby

certifies that this rulemaking has been

drafted in a manner consistent with the

principles of the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). It will not

have a significant economic impact on

a substantial number of small business

entities.

The Deputy Administrator further

certifies that this rulemaking has been

drafted in accordance with the

principles in Executive Order 12866

section 1(b). DEA has determined that

this is not a significant rulemaking

action. Therefore, this action has not

been reviewed by the Office of

Management and Budget.

This regulation meets the applicable

standards set forth in Sections 3(a) and

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

Justice Reform.

This action has been analyzed in

accordance with the principles and

criteria in Executive Order 13132, and it

has been determined that this rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

This rule will not result in the

expenditure by state, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

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.

This rule is not a major rule as

defined by Section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. This rule will not

result in an annual effect on the

economy of $100,000,000 or more; a

major increase in costs 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.

The Drug Enforcement

Administration makes every effort to

write clearly. If you have suggestions as

to how to improve the clarity of this

regulation, call or write Patricia M.

Good, Chief, Liaison and Policy Section,

Office of Diversion Control, Drug

Enforcement Administration,

Washington, DC 20537, telephone (202)

307–7297.

List of Subjects in 21 CFR Part 1310

Drug Traffic Control, Reporting and

Recordkeeping Requirements.

For reasons set out above, it is

proposed that 21 CFR Part 1310 be

amended as follows:

PART 1310—[AMENDED]

1. The authority citation for part 1310

continues to read as follows:

Authority: 21 U.S.C. 802, 830, 871(b).

2. Section 1310.02 is proposed to be

amended by adding a new paragraph

(a)(25) through (27) to read as follows:

§ 1310.02 Substances covered.

* * * * *

(a) * * *

(25) Red phosphorus—6795

(26) White phosphorus (Other names:

Yellow Phosphorus)—6796

(27) Hypophosphorous acid and its salts

(Including ammonium hypophosphite,

calcium hypophosphite, iron hypophosphite,

potassium hypophosphite, manganese

hypophosphite, magnesium hypophosphite

and sodium hypophosphite)—6797

3. Section 1310.04 is proposed to be

amended by adding new paragraphs

(g)(1)(ii) to (g)(1)(iv) to read as follows:

§ 1310.04 Maintenance of Records.

* * * * *

(g) * * *

(1) * * *

(ii) Red phosphorus

(iii) White phosphorus (Other names:

Yellow Phosphorus)

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Proposed Rules 57581

(iv) Hypophosphorous acid and its

salts

* * * * *

Dated: August 30, 2000.

Julio F. Mercado,

Deputy Administrator.

[FR Doc. 00–24553 Filed 9–22–00; 8:45 am]

BILLING CODE 4410–09–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

[SPATS No. MT–021–FOR]

Montana Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the Montana abandoned

mine land reclamation (AMLR) plan

(hereinafter, the ‘‘Montana plan’’) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Montana proposes revisions to a statute

about AMLR reclamation, proposes

deletion of the AMLR rules in the

Administrative Rules of Montana

(ARM), and proposes a plan of

reorganization of the AMLR program.

Montana intends to revise its AMLR

plan to be consistent with SMCRA, meet

the requirements of the Federal

regulations, and improve operational

efficiency.

DATES: We will accept written

comments on this amendment until 4

p.m., m.d.t., October 25, 2000. If

requested, we will hold a public hearing

on the amendment on October 20, 2000.

We will accept requests to speak until

4 p.m., m.d.t., October 10, 2000.

ADDRESSES: You should mail, hand

deliver, or e-mail written comments and

requests to speak at the hearing to Guy

Padgett at the address listed below.

You may review copies of the

Montana plan, this amendment, a listing

of any scheduled public hearings, and

all written comments received in

response to this document at the

addresses listed below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the amendment by

contacting OSM’s Casper Field Office.

Guy Padgett, Director, Casper Field

Office, Office of Surface Mining

Reclamation and Enforcement, 100

East ‘‘B’’ Street, Federal Building,

Room 2128, Casper, Wyoming 82601–

1918, Telephone: (307) 261–6550.

Vic Anderson, Chief, Mine Waste

Cleanup Bureau, Remediation

Division, Montana Department of

Environmental Quality, 1520 E. Sixth

Ave., P.O. Box 20091, Helena, MT

59620–0901, Telephone: (406) 444–

4972.

Steve Welch, Chief, Industrial and

Energy Minerals Bureau, Montana

Department of Environment Quality,

1520 E. Sixth Ave., P.O. Box 200901,

Telena, MT 59620–0901, Telephone:

(406) 444–4964.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Telephone: (307) 261–6550,

Internet address: gpadgett@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Montana Plan.

II. Description of the Proposed Amendment.

III. Public Comment Procedures.

IV. Procedural Determinations.

I. Background on the Montana Plan

On November 24, 1980, the Secretary

of the Interior conditionally approved

the Montana plan as administered by

the Department of State Lands. You can

find general background information on

the Montana plan, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the Montana plan in the

October 24, 1980, Federal Register (45

FR 70445). You can also find later

actions concerning Montana’s plan and

plan amendments at 30 CFR 926.21 and

926.25.

II. Description of the Proposed

Amendment

By letter dated August 15, 2000,

Montana sent us a proposed amendment

to its plan (SPATS No. MT–021–FOR,

Administrative Record No. MT–18–01)

under SMCRA (30 U.S.C. 1201 et seq.).

Montana sent the amendment in

response to the required plan

amendment at 30 CFR 926.21(a) and at

its own initiative. The full text of the

plan amendment is available for you to

read at the locations listed above under

ADDRESSES.

Montana proposes to delete its AMLR

rule definitions of ‘‘abandoned mine

land reclamation fund,’’ ‘‘emergency,’’

and ‘‘extreme danger’’ at ARM 26.4.301

and its definitions of ‘‘abandoned mine

land reclamation fund,’’ ‘‘emergency,’’

‘‘expended,’’ ‘‘extreme danger,’’ ‘‘fund,’’

‘‘left or abandoned in either an

unreclaimed or inadequately reclaimed

condition,’’ ‘‘Montana abandoned mine

reclamation program,’’ and ‘‘reclamation

activities’’ at ARM 26.4.1231.

Montana proposes to delete the AMLR

rules at ARM 26.41232 through

26.41242, which concern the AMLR

fund, eligible lands and water,

reclamation objectives and priorities,

reclamation project evaluation, consent

to enter lands, land eligible for

acquisition, procedures for acquisition,

acceptance of gifts of land, management

of acquired lands, disposition of

reclaimed lands, and reclamation on

private land.

In lieu of the deleted rules, Montana

intends to rely on the requirements of

its AMLR plan and on the statutory

provisions at Montana Code Annotated

(MCA) 82–4–239, 82–4–371, and 82–4–

445. Montana proposes to revise MCA

82–4–239 to reflect the reorganized

duties of the Board of Environmental

Review and Department of

Environmental Quality. Montana has

changed the wording to delete ‘‘Board’’

and insert ‘‘Department’’ as

approporiate. These proposed revisions

are the same as those proposed by

Montana on May 16, 1995 (SPATS No.

MT–017–FOR, Administrative Record

No. MT–14–01). At that time, OSM

found no problems with the revisions to

MCA 82–4–239 but deferred a decision

on it due to a lack of information

concerning the 1995 Montana

reorganization and its impact on the

AMLR plan. (For more information, see

final rule Federal Register notice, 64 FR

3604, dated January 22, 1999.)

Lastly, in this amendment, Montana

presents its 1995 reorganization moving

the AMLR program from the Department

of State Lands to the Department of

Environmental Quality.

III. Public Comment Procedures

Under the provisions of 30 CFR

884.15(a), OSM requests your comments

on whether the amendment satisfies the

applicable State reclamation plan

approval criteria of 30 CFR 884.14. If we

approve the amendment, it will become

part of the Montana plan.

Written Comments

Send your written comments to OSM

at the address given above. Your written

comments should be specific, pertain

only to the issues proposed in this

rulemaking, and include explanations in

support of your recommendations. In

the final rulemaking, we will not

consider or include in the

Administrative Record any comments

received after the time indicated under

DATES or at locations other than the

Casper Field Office.