63822 Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Proposed Rules

board service (telephone: 202–512–

1661).

Internet users may reach the Federal

Register’s web page for access to

recently published rulemaking

documents at http://

www.access.gpo.gov/su_docs/aces/

aces140.html.

Any person may obtain a copy of this

NPRM by submitting a request to the

Operations Branch, AAL–530, Federal

Aviation Administration, 222 West 7th

Avenue, Box 14, Anchorage, AK 99513–

7587. Communications must identify

the docket number of this NPRM.

Persons interested in being placed on a

mailing list for future NPRM’s should

contact the individual(s) identified in

the FOR FURTHER INFORMATION CONTACT

section.

The Proposal

The FAA proposes to amend 14 CFR

part 71 by revising Class E airspace at

Iliamna, AK, due to the establishment of

RNAV instrument approach procedures

to RWY 7, RWY 25, RWY 17, and RWY

35. The intended effect of this proposal

is to provide additional controlled

airspace for IFR operations at Iliamna,

AK.

The area would be depicted on

aeronautical charts for pilot reference.

The coordinates for this airspace docket

are based on North American Datum 83.

The Class E airspace areas designated as

surface areas are published in paragraph

6002 and Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth are

published in paragraph 6005 in FAA

Order 7400.9H, Airspace Designations

and Reporting Points, dated September

1, 2000, and effective September 16,

2000, which is incorporated by

reference in 14 CFR 71.1. The Class E

airspace designations listed in this

document would be published

subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current. It,

therefore—(1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under DOT Regulatory Policies

and Procedures (44 FR 11034; February

26, 1979); and (3) does not warrant

preparation of a regulatory evaluation as

the anticipated impact is so minimal.

Since this is a routine matter that will

only affect air traffic procedures and air

navigation, it is certified that this rule,

when promulgated, will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

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

amended as follows:

* * * * *

Paragraph 6002 Class E airspace designated

as surface areas.

* * * * *

AAL AK E2 Iliamna, AK [Revised]

Iliamna Airport, AK

(Lat. 59°45′16′′ N., long. 154°54′39′′ W.)

Iliamna NDB

(Lat. 59°44′53′′ N., long 154° 54′35′′ W.)

Within a 4-mile radius of the Iliamna

Airport and within 2.5 miles east of the 189°

bearing and 2.5 miles west of the 200°

bearing from the Iliamna NDB extending

from the 4-mile radius to 7.4 miles south of

the airport. This Class E airspace area is

effective during specific dates and times

established in advanced by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Supplement Alaska (Airport/Facility

Directory).

* * * * *

Paragraph 6005 Class E airspace extending

upward from 700 feet or more above the

surface of the earth.

* * * * *

AAL AK E5 Iliamna, AK [Revised]

Iliamna Airport, AK

(Lat. 59°45′16′′ N., long. 154°54′39′′ W.)

Iliamna NDB

(Lat. 59°44′53′′ N., long 154°54′35′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of the Iliamna Airport and within 4

miles west and 8 miles east of the 200°

bearing from the Iliamna NDB extending

from the 6.4-mile radius to 16 miles south

from the NDB; and that airspace extending

from 1,200 feet above the surface within an

area bounded by lat. 60°14′00′′ N long.

154°54′00′′ W, clockwise to lat. 59°46′20′′ N

long. 153°52′00′′ W, to lat. 59°43′00′′ N long.

153°00′00′′ W, lat. 59°33′00′′ N long.

153°00′00′′ W, lat. 59°28′00′′ N long.

154°13′00′′ W, lat. 59°18′00′′ N long.

154°04′00′′ W, lat. 59°11′00′′ N long.

155°17′00′′ W, lat. 59°32′00′′ N long.

155°31′00′′ W, lat. 59°41′00′′ N long.

156°35′00′′ W, to the point of beginning.

* * * * *

Issued in Anchorage, AK, on October 6,

2000.

Joseph F. Woodford,

Acting Manager, Air Traffic Division, Alaskan

Region.

[FR Doc. 00–26819 Filed 10–24–00; 8:45 am]

BILLING CODE 4910–13–P

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.

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

Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Proposed Rules 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

63824 Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Proposed Rules

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased 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:

§ 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:

§ 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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–117162–99]

RIN 1545–AY23

Tax Treatment of Cafeteria Plans;

Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correction to notice of proposed

rulemaking.

SUMMARY: This document contains a

correction to proposed regulations that

were published in the Federal Register

on Thursday, March 23, 2000 (65 FR

15587) relating to tax treatment of

cafeteria plans.

FOR FURTHER INFORMATION CONTACT:

Christine L. Keller, (202) 622–6080 (not

a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The notice of proposed rulemaking

that is the subject of this correction is

under section 125 of the Internal

Revenue Code.

Need for Correction

As published, the proposed

regulations contain an error that may

prove to be misleading and is in need

of clarification.

Correction of Publication

Accordingly, the publication of the

proposed regulations (REG–117162–99),

that were the subject of FR Doc. 00–

5818, is corrected as follows:

On page 15587, column 2, the

regulation heading in the middle of the

column, line 5, the ‘‘RIN 1545–AX59’’ is

corrected to read ‘‘RIN 1545–AY23’’.

Cynthia E. Grigsby,

Chief, Regulations Unit, Office of Special

Counsel (Modernization and Strategic

Planning).

[FR Doc. 00–27311 Filed 10–24–00; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

31 CFR Part 1

Internal Revenue Service: Privacy Act;

Proposed Implementation

AGENCY: Office of the Secretary,

Department of the Treasury.

ACTION: Proposed Rule.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

5 U.S.C. 552a, as amended, the

Department of the Treasury, Internal

Revenue Service, gives notice of a

proposed amendment to this part to

exempt a new system of records, the

Third Party Contact Reprisal Records—

Treasury/IRS 00.334, from certain

provisions of the Privacy Act. The

exemptions are intended to comply with

the legal prohibitions against the

disclosure of certain kinds of

information and to protect certain

information, about individuals,

maintained in this system of records.

DATES: Comments must be received no

later than November 24, 2000.

ADDRESSES: Please submit comments to

Office of Governmental Liaison and

Disclosure, Internal Revenue Service,

1111 Constitution Ave., NW.,

Washington, DC 20224. Persons wishing

to review the comments should call

202–622–6240 to make an appointment

with the Office of Governmental Liaison

and Disclosure.

FOR FURTHER INFORMATION CONTACT:

David Silverman, Tax Law Specialist,

6103/Privacy Operations, Governmental

Liaison and Disclosure, Internal

Revenue Service at 202–622–3607.

SUPPLEMENTARY INFORMATION: Under 5

U.S.C. 552a(k)(2), the head of an agency