[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Proposed Rules]
[Pages 63822-63824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27426]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1313

[DEA-197P]
RIN 1117-AA53


Waiver of Advance Notification Requirement to Import Acetone, 2-
Butanone (MEK), and Toluene

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Proposed Rule.

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SUMMARY: DEA is proposing the amendment of its regulations to waive the 
advance notification requirement to import the solvents acetone, 2-
Butanone (MEK), and toluene, which DEA regulates as List I chemicals. 
DEA has determined that the advance notification requirement is not 
necessary for these chemicals for chemical diversion control. DEA 
currently receives, on average, 2000 advance notifications per year to 
import these solvents. This change will now require only the submission 
of 400 summary reports annually. This change to the regulations will 
ease regulatory burdens for the regulated industry and administrative 
burdens for DEA.

DATES: Written comments must be submitted on or before December 26, 
2000.

ADDRESSES: Comments should be submitted in triplicate to the Deputy 
Assistant Administrator, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537, Attention: DEA Federal Register 
Representative/CCR.

FOR FURTHER INFORMATION CONTACT: Patricia M. Good, Chief, Liaison and

[[Page 63823]]

Policy Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537, telephone (202) 307-7297.

SUPPLEMENTARY INFORMATION:   

What Is the Impact of This Proposed Rule?

    The intent of the chemical control provisions of the Controlled 
Substances Act (CSA) is to curb the diversion of regulated chemicals to 
the illicit manufacture of controlled substances. This diversion can 
occur through distribution, importation and exportation of these 
chemicals. One of the principal components of chemical control with 
respect to imports and exports is the requirement that advance 
notification be provided to DEA prior to an importation or exportation 
of a listed chemical (21 U.S.C. 971). This advance notification allows 
DEA an opportunity to review the transaction and determine whether it 
might result in diversion of the chemical to the illicit manufacture of 
a controlled substance. The advance notification requirement is 
conditioned by the provision that DEA can waive the requirement for 
imports or exports of listed chemicals for which the Administrator 
determines that such advance notification is not necessary for 
effective chemical diversion control (21 U.S.C. 971(e)(3), 21 CFR 
1313.12(c)(2) and 21 CFR 1313.21(c)(2)). DEA has determined that the 
advance notification requirement for imports of acetone, 2-Butanone 
(MEK), and toluene (the solvents) is not necessary for effective 
chemical diversion control. Therefore, pursuant to its authority under 
21 U.S.C. 971(e)(3), DEA is proposing to amend 21 CFR 1313.12 to waive 
the 15-day advance notification requirement for these transactions.

Why Is DEA Proposing To Waive the Advance Notification Requirement 
for Importation of Acetone, 2-Butanone (MEK), and Toluene?

    Acetone, 2-Butanone (MEK) and toluene are widely used as industrial 
chemicals in the United States. DEA found between 1996 and 1999 that 
approximately two thirds of all chemical imports reported to DEA were 
for these three listed chemicals.
    The principal concern for DEA in regard to these solvents is their 
use in the illicit manufacture of cocaine. Cocaine is manufactured 
overseas; at this time, it is not manufactured in the United States. 
Diversion of these solvents for illegal manufacture of controlled 
substances has not been identified as a significant problem in the 
United States. Therefore, DEA's concerns have focused on the 
exportation of these solvents to cocaine producing regions and DEA has 
determined that control of imports of these solvents through the 
advance notification requirement is not necessary for effective 
chemical diversion control.
    With waiver of the advance notification requirement, importers of 
acetone, 2-Butanone (MEK) and toluene will not be required to submit 
individual DEA Form 486s in advance of each importation. Instead, 
importers will submit summary quarterly reports of all import 
transactions as described in 21 CFR 1313.12(e) pursuant to 21 U.S.C. 
971(e)(3).

Technical Corrections to the Regulations

    While preparing this proposed rule, DEA noted the following 
technical corrections in this part of the CFR for which amendments are 
being proposed. DEA is taking this opportunity to make these technical 
corrections.
    In 21 CFR 1313.12(b) and 21 CFR 1313.21(b) the reference to the 
``Drug Control Section'' is being changed to the ``Chemical Control 
Section'' to reflect organizational changes within DEA. In 21 CFR 
1313.21(e), the text noting that no DEA Form 486 is required for 
exportations subject to 21 CFR 1313.21(c)(2) was inadvertently omitted. 
This text has been reinserted. Further, an error occurred in 21 CFR 
1313.21(e) relating to exports where the word ``importation'', rather 
than the word ``exportation'', was inadvertently used in the sentence: 
``The report shall contain the following information regarding each 
individual importation:''. The word ``exportation'' will be substituted 
to correct this error.

Reduction of Regulatory Burden

    By proposing these amendments, DEA will be reducing the paperwork 
burden for the regulated industry. Approximately two thirds of all 15-
day advance notifications of importation, on average 2000 advance 
notifications annually, are for the solvents acetone, 2-Butanone (MEK), 
and toluene, equating to an initial paperwork burden reduction of 420 
hours. In lieu of this paperwork requirement, DEA is requiring that 
importers of acetone, 2-Butanone (MEK) and toluene complete a quarterly 
summary report of all transactions. This quarterly summary report is 
estimated to impose a regulatory burden of 200 hours per year. 
Therefore, this proposed change creates a net reduction of 220 annual 
paperwork burden hours for the regulated industry.

Regulatory Certifications

Regulatory Flexibility Act

    The Deputy Assistant Administrator hereby certifies that this 
proposed 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. Waiving the 15-day advance notification 
requirement for imports of acetone, 2-Butanone, and toluene will ease 
the regulatory burden for the regulated industry.

Executive Order 12866

    The Deputy Assistant Administrator further certifies that this 
proposed 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. This rulemaking will ease 
regulatory burdens for the regulated industry. Therefore, this action 
has not been reviewed by the Office of Management and Budget.

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 
$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.

Small Business Regulatory Enforcement Fairness Act of 1996

    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

[[Page 63824]]

competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Plain Language Instructions

    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 1313

    Administrative practice and procedure, Drug traffic control, 
Exports, Imports, List I and List II chemicals, Reporting and recording 
requirements.

    For the reasons set out above, 21 CFR Part 1313 is proposed to be 
amended as follows:

PART 1313--[AMENDED]

    1. The authority citation for Part 1313 continues to read as 
follows:

    Authority: 21 U.S.C. 802, 830, 871(b), 971.

    2. Section 1313.12 is proposed to be amended by revising paragraphs 
(b) and (f) to read as follows:


Sec. 1313.12  Requirement of authorization to import.

* * * * *
    (b) A completed DEA Form 486 must be received at the following 
address not later than 15 days prior to the importation: Drug 
Enforcement Administration, P.O. Box 28346, Washington, DC 20038. A 
copy of the completed DEA Form 486 may be transmitted directly to the 
Drug Enforcement Administration, Chemical Control Section, through 
electronic facsimile media not later than 15 days prior to the 
importation.
* * * * *
    (f) The 15 day advance notification requirement set forth in 
paragraph (a) has been waived for imports of the following listed 
chemicals:
    (1) Acetone
    (2) 2-Butanone (or Methyl Ethyl Ketone or MEK)
    (3) Toluene.
    3. Section 1313.21 is proposed to be amended by revising paragraphs 
(b) and (e) to read as follows:


Sec. 1313.21  Requirement of authorization to export.

* * * * *
    (b) A completed DEA Form 486 must be received at the following 
address not later than 15 days prior to the exportation: Drug 
Enforcement Administration, P.O. Box 28346, Washington, DC 20038. A 
copy of the completed DEA Form 486 may be transmitted directly to the 
Drug Enforcement Administration, Chemical Control Section, through 
electronic facsimile media not later than 15 days prior to the 
exportation.
* * * * *
    (e) For exportations where advance notification is waived pursuant 
to paragraph (c)(2) of this section, no DEA Form 486 is required, 
however, the regulated person shall file quarterly reports to the Drug 
Enforcement Administration, Chemical Control Section, P.O. Box 28346, 
Washington, DC 20038, by no later than the 15th day of the month 
following the end of each quarter. The report shall contain the 
following information regarding each individual exportation:
* * * * *

    Dated: October 12, 2000.
John H. King,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 00-27426 Filed 10-24-00; 8:45 am]
BILLING CODE 4410-09-U