10814 Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules

(6) Whether attracting sharks by chum

or other means in nearshore areas

creates a risk to other users of those

areas (e.g., surfers, swimmers, SCUBA

divers, snorklers, fishermen, boaters);

(7) Whether other Sanctuary users

(e.g., surfers, swimmers, SCUBA divers,

snorklers, fishermen, boaters) actively

avoid areas where attracting sharks

occurs;

(8) Whether there are other impacts,

risks or concerns resulting from

attracting sharks by chum or other

means in the MBNMS;

(9) Whether a restriction or

prohibition against attracting sharks by

chum or other means should be

Sanctuary-wide or only in the nearshore

areas of the MBNMS (and if the latter,

what should constitute nearshore); and

(10) Any other information that may

be pertinent to this issue.

During the comment period of this

ANPR, SRD will hold a public meeting

allowing the public to provide written

or oral comments. Notice of the date,

time and location of the meeting will

appear in the Federal Register.

Executive Order 12866

For purposes of Executive Order

12866, this advance notice of proposed

rulemaking is determined to be not

significant.

List of Subjects in 15 CFR Part 944

Administrative practice and

procedure, Coastal zone, Education,

Environmental protection, Marine

resources, Natural resources, Penalties,

Recreation and recreation areas,

Reporting and recordkeeping

requirements, Research.

Authority: 16 U.S.C. 1431 et seq.

Federal Domestic Assistance Catalog

Number 11.429 Marine Sanctuary Program

Dated: February 15, 1995.

Frank W. Maloney,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

[FR Doc. 95–4854 Filed 2–27–95; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1310

[DEA No. 128P]

RIN 1117–AA26

Records, Reports, and Exports of

Listed Chemicals

AGENCY: Drug Enforcement

Administration (DEA), Justice.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: This rule proposes to include

methyl isobutyl ketone (MIBK) as a List

II Chemical under the Controlled

Substances Act (CSA) for the purpose of

imposing controls on exports which

may be destined for cocaine producing

regions. This proposed action by the

DEA Deputy Administrator is based on

substantial evidence that MIBK is

increasingly being used as a solvent in

the production of cocaine hydrochloride

during the conversion of cocaine base to

cocaine hydrochloride. The recent steps

by the Government of Colombia (GOC)

to control MIBK further support this

proposed action.

This proposed action will only effect

export transactions; international

transactions in which a U.S. broker or

trader participates; and transshipments

through the U.S., which are greater than

500 gallons or 1523 kilograms of MIBK

destined for countries in the Western

Hemisphere (with the exception of

transactions destined for Canada).

DATES: Written comments and

objections must be received on or before

March 30, 1995.

ADDRESSES: Comments and objections

should be submitted in quintuplicate 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:

Howard McClain Jr., Chief, Drug and

Chemical Evaluation Section, Office of

Diversion Control, Drug Enforcement

Administration, Washington, DC 20537

at (202) 307–7183.

SUPPLEMENTARY INFORMATION: The

Controlled Substances Act (CSA),

specifically 21 U.S.C. section 802,

provides the Attorney General with the

authority to specify by regulation,

additional precursor and essential

chemicals as ‘‘listed chemicals’’ if they

are used in the illicit manufacture of

controlled substances. Section 802(39)

also provides the Attorney General with

authority to establish a threshold

amount for ‘‘listed chemicals’’ if the

Attorney General so elects. 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.

While methyl ethyl ketone (MEK) has

become the solvent of choice in the

processing of cocaine base to cocaine

hydrochloride, recent regulatory and

enforcement efforts in Latin America

have resulted in a reduced availability

of MEK. Information available to DEA

indicates that in response to this

shortfall of MEK, cocaine laboratory

operators have moved to the utilization

of MIBK for the processing of cocaine

base to cocaine hydrochloride. Due to

information regarding the use of MIBK

for cocaine processing, the dramatic

increase in MIBK importation, and the

importation of MIBK by some firms that

the Government of Colombia (GOC)

considers suspect, the GOC has recently

taken steps to control the sale and

distribution of MIBK.

In making the determination

regarding the possible control of MIBK

under the CSA, the DEA considered the

following:

(1) The chemistry of the compound

(2) The legitimate use and commerce of

the compound

(3) Evidence of illicit use

An examination of the chemistry of

MIBK shows that it appears to be ideally

suited for the conversion of cocaine base

to cocaine hydrochloride. MIBK

possesses the correct solubility

characteristics, is partially miscible with

water and is relatively volatile.

The U.S. is a major producer of MIBK

and exports this chemical to Latin

America. The major commercial

application for MIBK is as a solvent for

vinyl, epoxy and acrylic resins, for

natural resins, for nitrocellulose and for

dyes in the printing industry. It is also

a versatile extracting agent, e.g. for the

production of antibiotics, or the removal

of paraffins from mineral oil for the

production of lubricating oils. MIBK’s

uses are similar to those of MEK. There

is a legitimate need for these chemicals

in Colombia.

Although Colombian imports of MEK

have decreased, U.S. firms believe that

the legitimate need for MEK is being

met. In contrast, however, importations

into Colombia of MIBK have increased

dramatically in 1994 following

regulatory and enforcement actions

taken by the GOC and other countries

against MEK. No significant increase in

the legitimate need for MIBK has been

identified. The amount of MIBK

imported into Colombia in the second

quarter of 1994 exceeded the total

quantity imported over the preceding 15

months. Some of these importations

were to firms which the GOC considers

suspect.

The use of MIBK in cocaine

hydrochloride production has recently

been scientifically confirmed via the

identification of MIBK in seized cocaine

hydrochloride. While MEK is the most

frequently seen solvent appearing in

cocaine hydrochloride, MIBK has also

been identified in seized material.

Recent samples show an increased

incidence of MIBK in seized cocaine

hydrochloride. During the fourth quarter
Federal Register / Vol. 60, No. 39 / Tuesday, February 28, 1995 / Proposed Rules 10815

of 1994, 54 percent of the cocaine

hydrochloride exhibits received under

DEA’s solvent analysis program

contained MIBK. The recent increase in

the incidence of MIBK in seized cocaine

hydrochloride is consistent with the

timing of initial reports regarding its

illicit use.

Given these factors, DEA has

determined that the control of MIBK as

a List II Chemical is warranted. Since

the illicit use of MIBK for cocaine

processing occurs in Latin America, the

DEA proposes that MIBK shipments

exported from the U.S., shipments

transshipped or transferred through the

U.S., and international transactions in

which a U.S. broker or trader

participates, be considered regulated

transactions if destined for any country

in the Western Hemisphere (with the

exception of transactions destined for

Canada) 21 U.S.C. section

802(39)(A)(iii). In addition, the DEA

proposes that a threshold similar to that

of MEK be established for MIBK. DEA

proposes that a threshold of 500 gallons

(by volume) or 1523 kilograms (by

weight) be established for MIBK.

Therefore, this proposed action will

only effect (1) export transactions; (2)

international transactions in which a

U.S. broker or trader participates; and

(3) transshipments through the U.S.,

which are greater than 500 gallons or

1523 kilograms of MIBK destined for

designated countries. Import

transactions of MIBK into the U.S. (not

destined for transshipment or transfer to

designated countries), and domestic

transactions of MIBK are excluded from

the definitions of regulated transactions

contained in 21 CFR 1310.01(f) and

1313.02(d).

The Deputy Administrator hereby

certifies that this proposed rulemaking

will have no significant impact upon

entities whose interests must be

considered under the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. A

review of maritime shipments of MIBK

reveals that during a two year period,

there were less than 100 abovethreshold export transactions destined

for designated countries. This proposed

rule is not a significant regulatory action

and therefore has not been reviewed by

the Office of Management and Budget

pursuant to Executive Order 12866.

This action has been analyzed in

accordance with the principles and

criteria in E.O. 12612, and it has been

determined that the proposed rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

List of Subjects in 21 CFR Part 1310

Durg 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

(b)(10) to read as follows:

§ 1310.02 Substances covered.

* * * * *

(b) * * *

(10) Methyl Isobutyl Ketone (MIBK)

* * * * *

3. Section 1310.04 is proposed to be

amended by adding new paragraph

(f)(2)(v) to read as follows:

§ 1310.04 Maintenance of records.

* * * * *

(f) * * *

(2) * * *

(v) Export and International

Transactions to Designated Countries,

and Importations for Transshipment or

Transfer to Designated Countries.

Chemical Treshold by volume Threshold by

weight

(A) Methyl Isobutyl Ketone (MIBK) .............................................................................................................. 500 gallons ............. 1523 kilograms.

(B) Reserved

4. Section 1310.08 is proposed to be

amended by adding new paragraphs (c),

(d) and (e) to read as follows:

§ 1310.08 Excluded transactions.

* * * * *

(c) Domestic transactions of Methyl

Isobutyl Ketone (MIBK).

(d) Import transactions of Methyl

Isobutyl Ketone (MIBK) destined for the

United States.

(e) Export transactions, international

transactions, and import transactions for

transshipment or transfer of Methyl

Isobutyl Ketone (MIBK) destined for

Canada or any country outside of the

Western Hemisphere.

Dated: February 16, 1995.

Stepehn G. Greene,

Deputy Administrator.

[FR Doc. 95–4795 Filed 2–27–95; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–95–008]

RIN 2115–AE47

Drawbridge Operation Regulations;

Apponagansett River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

a change to the regulations governing

the Padanaram Bridge at mile 1.0 over

the Apponagansett River in Dartmouth,

Massachusetts. This proposal will allow

the Pandanaram Bridge to open on

signal from May 1 through October 31

once an hour on the hour, between 9

a.m. and 8 p.m. instead of twice an hour

on the hour and half hour. This change

should help relieve traffic congestion

created by bridge openings while still

providing for the needs of navigation.

DATES: Comments must be received on

or before May 1, 1995.

ADDRESSES: Comments may be mailed to

Commander (obr), First Coast Guard

District, Captain John Foster Williams

Federal Building, 408 Atlantic Ave.,

Boston, Massachusetts 02110–3350, or

may be hand-delivered to room 628 at

the same address between 6:30 a.m. and

3 p.m., Monday through Friday, except

federal holidays. The telephone number

is (617) 223–8364. The comments will

become part of this docket and will be

available for inspection and copying by

appointment at the above address.

FOR FURTHER INFORMATION CONTACT: John

W. McDonald, Project Officer, Bridge

Branch, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written views,

comments, data, or arguments. Persons

submitting comments should include

their names and addresses, identify this