Designation of Alpha-Phenylacetoacetonitrile (APAAN), a Precursor Chemical Used in the Illicit Manufacture of Phenylacetone, Methamphetamine, and Amphetamine, as a List I Chemical, 32457-32461 [2017-14878]
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Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations
Reporting and recordkeeping
requirements.
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
■
For the reasons set out above, the DEA
amends 21 CFR part 1308 as follows:
■
1. The authority citation for part 1308
continues to read as follows:
§ 1308.11
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. Amend § 1308.11 by adding
paragraph (h)(17) to read as follows:
*
Schedule I
*
*
(h) * * *
*
*
(17) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide, its isomers, esters, ethers, salts and salts of isomers, esters and
ethers (Other names: acryl fentanyl, acryloylfentanyl) ................................................................................................................
*
*
*
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those mixtures that do not qualify for
automatic exemption.
DATES: Effective date: August 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Michael J. Lewis, Diversion Control
Division, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION:
*
Dated: July 10, 2017.
Chuck Rosenberg
Acting Administrator.
[FR Doc. 2017–14880 Filed 7–13–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
[Docket No. DEA–379]
RIN 1117–ZA04
Designation of AlphaPhenylacetoacetonitrile (APAAN), a
Precursor Chemical Used in the Illicit
Manufacture of Phenylacetone,
Methamphetamine, and Amphetamine,
as a List I Chemical
Drug Enforcement
Administration, Department of Justice.
ACTION: Final rule.
AGENCY:
The Drug Enforcement
Administration (DEA) is finalizing the
designation of the chemical alphaphenylacetoacetonitrile (APAAN) and
its salts, optical isomers, and salts of
optical isomers, as a list I chemical
under the Controlled Substances Act
(CSA). The DEA proposed control of
APAAN, due to its use in clandestine
laboratories to illicitly manufacture the
schedule II controlled substances
phenylacetone (also known as phenyl-2propanone or P2P), methamphetamine,
and amphetamine. This rulemaking
finalizes, without change, the control of
APAAN as a list I chemical.
This action does not establish a
threshold for domestic and international
transactions of APAAN. As such, all
transactions involving APAAN,
regardless of size, shall be regulated. In
addition, chemical mixtures containing
APAAN are not exempt from regulatory
requirements at any concentration.
Therefore, all transactions of chemical
mixtures containing any quantity of
APAAN shall be regulated pursuant to
the CSA. However, manufacturers may
submit an application for exemption for
SUMMARY:
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Legal Authority
The Controlled Substances Act (CSA)
gives the Attorney General the authority
to specify, by regulation, chemicals as
list I or list II chemicals. 21 U.S.C. 802
(34) and (35). A ‘‘list I chemical’’ is a
chemical that is used in manufacturing
a controlled substance in violation of
title II of the CSA, and is important to
the manufacture of the controlled
substance. 21 U.S.C. 802(34). A ‘‘list II
chemical’’ is a chemical (other than a
list I chemical) that is used in
manufacturing a controlled substance in
violation of title II of the CSA. 21 U.S.C.
802(35). The current list of all listed
chemicals is published at 21 CFR
1310.02. Pursuant to 28 CFR 0.100(b),
the Attorney General has delegated his
authority to designate list I and list II
chemicals to the Administrator of the
Drug Enforcement Administration.
In addition, the United States is a
Party to the 1988 United Nations
Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic
Substances (1988 Convention). When
the United States receives notification
that a chemical has been added to Table
I or Table II of the 1988 Convention
pursuant to article 12, the United States
is required to take measures it deems
appropriate to monitor the manufacture
and distribution of that chemical within
the United States and to prevent its
diversion. In addition, the 1988
Convention requires the United States to
take other specified measures related to
that chemical, including measures
related to its international trade.
Background
By a letter dated April 9, 2014, the
Secretary-General of the United Nations
informed the United States Government
that the chemical alpha-
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(9811)
phenylacetoacetonitrile (APAAN) was
added to Table I of the 1988
Convention. This letter was prompted
by a March 19, 2014, decision at the
57th Session of the United Nations
Commission on Narcotic Drugs (CND) to
add APAAN to Table I. As a Party to the
1988 Convention, the United States is
obligated, pursuant to article 12, to take
measures it deems appropriate to
monitor the manufacture and
distribution of APAAN within the
United States and to prevent its
diversion. Article 12 also obligates the
United States to take other specified
measures related to APAAN, including
measures related to its international
trade. By designating APAAN, which is
a primary precursor for the manufacture
of phenylacetone (also known as
phenyl-2-propanone (P2P) or benzyl
methyl ketone), methamphetamine, and
amphetamine, as a list I chemical, the
United States will fulfill its obligations
under the 1988 Convention.
Designation of APAAN and Its Salts,
Optical Isomers, and Salts of Optical
Isomers as a List I Chemical
On December 12, 2016, DEA
published a Notice of Proposed
Rulemaking (NPRM) proposing control
of APAAN, due to its use in clandestine
laboratories to illicitly manufacture the
schedule II controlled substances
phenylacetone (also known as phenyl-2propanone or P2P), methamphetamine,
and amphetamine. 81 FR 89402. In
response to the NPRM, only one
comment was received. This comment
was supportive of the DEA’s proposed
control of APAAN. As such, this
rulemaking finalizes the control of
APAAN as a list I chemical.
On the effective date of this final rule,
handlers of APAAN shall be subject to
the chemical regulatory provisions of
the CSA, including 21 CFR parts 1309,
1310, 1313, and 1316. Since even a
small amount of APAAN can make a
significant amount of P2P, this action
does not establish a threshold for
domestic and import transactions of
APAAN in accordance with the
provisions of 21 CFR 1310.04(g).
Therefore, all APAAN transactions,
regardless of size, will be regulated
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transactions as defined in 21 CFR
1300.02(b). As such, all APAAN
transactions will be subject to
recordkeeping, reporting, import and
export controls, and other CSA chemical
regulatory requirements. In addition,
each regulated bulk manufacturer shall
submit manufacturing, inventory, and
use data on an annual basis.
Chemical Mixtures of APAAN
Under this final rulemaking, chemical
mixtures containing APAAN shall not
be exempt from regulatory requirements
at any concentration, unless an
application for exemption of a chemical
mixture is submitted by an APAAN
manufacturer, and the application is
reviewed and accepted and the mixture
exempted by the DEA under 21 CFR
1310.13. Therefore, all chemical
mixtures containing any quantity of
APAAN shall be subject to CSA control,
unless the APAAN manufacturer is
granted an exemption by the application
process in accordance with 21 CFR
1310.13. This rule modifies the ‘‘Table
of Concentration Limits’’ in 21 CFR
1310.12(c) to reflect the fact that
chemical mixtures containing any
amount of APAAN are subject to CSA
chemical control provisions.
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Exemption by Application Process
The DEA has implemented an
application process to exempt certain
chemical mixtures from the
requirements of the CSA and its
implementing regulations. 21 CFR
1310.13. Manufacturers may submit an
application for exemption for those
mixtures that do not qualify for
automatic exemption. Exemption status
may be granted if the 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 that the listed chemical
or chemicals cannot be readily
recovered. 21 CFR 1310.13(a)(1)–(2).
Requirements for Handling List I
Chemicals
The designation of APAAN as a list I
chemical shall subject APAAN handlers
(manufacturers, distributors, importers,
and exporters) to all of the regulatory
controls and administrative, civil, and
criminal actions applicable to the
manufacture, distribution, importing,
and exporting of a list I chemical. Upon
publication of this final rule, persons
handling APAAN, including regulated
chemical mixtures containing APAAN,
shall be required to comply with the
following list I chemical regulations:
1. Registration. Any person who
manufactures, distributes, imports, or
exports APAAN, or proposes to engage
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in the manufacture, distribution,
importation, or exportation of APAAN,
must obtain a registration pursuant to 21
U.S.C. 822, 823, 957, 958. Regulations
describing registration for list I chemical
handlers are set forth in 21 CFR part
1309.
Upon publication of this final rule,
any person manufacturing, distributing,
importing, or exporting APAAN or a
chemical mixture containing APAAN
will become subject to the registration
requirement under the CSA. The DEA
recognizes, however, that it is not
possible for persons who are subject to
the registration requirement to
immediately complete and submit an
application for registration and for the
DEA to immediately issue registrations
for those activities. Therefore, to allow
continued legitimate commerce in
APAAN, the DEA is establishing in 21
CFR 1310.09, a temporary exemption
from the registration requirement for
persons desiring to engage in activities
with APAAN, provided that the DEA
receives a properly completed
application for registration or exemption
of a chemical mixture on or before
August 14, 2017. The temporary
exemption for such persons will remain
in effect until the DEA takes final action
on their application for registration or
application for exemption of a chemical
mixture.
The temporary exemption applies
solely to the registration requirement;
all other chemical control requirements,
including recordkeeping and reporting,
would become effective on the effective
date of this final rule. Therefore, all
transactions of APAAN and chemical
mixtures containing APAAN will be
regulated while an application for
registration or exemption is pending.
This is necessary because not regulating
these transactions could result in
increased diversion of chemicals
desirable to drug traffickers.
Additionally, the temporary
exemption does not suspend applicable
federal criminal laws relating to
APAAN, nor does it supersede State or
local laws or regulations. All handlers of
APAAN must comply with applicable
State and local requirements in addition
to the CSA regulatory controls.
2. Records and Reports. Every DEA
registrant must maintain records and
reports with respect to APAAN
pursuant to 21 U.S.C. 830 and in
accordance with 21 CFR part 1310.
Pursuant to 21 CFR 1310.04, 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.
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Each regulated bulk manufacturer of a
listed chemical must submit
manufacturing, inventory, and use data
on an annual basis. 21 CFR 1310.05(d).
Existing standard industry reports
containing the required information will
be acceptable, provided the information
is separate or readily retrievable from
the report.
21 CFR 1310.05(a) requires that each
regulated person shall report to the 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 and its corresponding regulations.
Regulated persons are also required to
report any proposed regulated
transaction with a person whose
description or other identifying
characteristic the Administration has
previously furnished to the regulated
person; any unusual or excessive loss or
disappearance of a listed chemical
under the control of the regulated
person; any in-transit loss in which the
regulated person is the supplier; and
any domestic regulated transaction in a
tableting or encapsulating machine.
3. Importation and Exportation. All
importation and exportation of APAAN
must comply with 21 U.S.C. 957, 958,
and 971 and be in accordance with 21
CFR part 1313.
4. Security. All applicants and
registrants must provide effective
controls against theft and diversion in
accordance with 21 CFR 1309.71–
1309.73.
5. Administrative Inspection. Places,
including factories, warehouses, or
other establishments and conveyances,
where registrants or other regulated
persons may lawfully hold,
manufacture, distribute, or otherwise
dispose of a list I chemical or where
records relating to those activities are
maintained, are controlled premises as
defined in 21 U.S.C. 880(a) and 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 part 1316, subpart A.
6. Liability. Any activity involving
APAAN not authorized by, or in
violation of, the CSA, will be unlawful,
and may subject the person to
administrative, civil, and/or criminal
action.
Regulatory Analyses
Executive Orders 12866 and 13563
This final rulemaking, which adds
APAAN as a list I chemical, has been
developed in accordance with the
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principles of Executive Orders 12866
and 13563. The DEA followed the
principles of these Executive Orders,
even though it has been determined that
this action is not a significant regulatory
action.
To determine whether this action is a
significant regulatory action, the DEA
utilized a least cost option analysis. At
the outset, the DEA determined that the
primary costs of this rule would come
from complying with the registration,
recordkeeping, reporting, and export
and import requirements set forth in the
CSA. Therefore, under the least cost
option, an entity would choose to
discontinue the sale of APAAN if
proceeds from the sale are less than the
cost of complying with the rule.
The DEA has not identified any
industrial uses of APAAN by domestic
entities and its potential usage appears
to be limited to research. Based on
independent research following a 2013
United Nations Questionnaire/Survey
on APAAN, the DEA identified three
entities that have each imported
APAAN. Two of the three entities had
average annual sales of APAAN totaling
$13 during the analysis period. The
third entity had average annual sales of
APAAN totaling $1,440 during the same
period. Other chemical distributors list
APAAN in their chemical catalogs.
However, these entities do not
manufacture APAAN, instead opting to
purchase APAAN from international
sources to fill special orders. These
entities do not stock APAAN in
inventory and the vast majority had no
previous sales of APAAN.
The registration fee for importers of a
list I chemical is $1,523 per year. Based
on the least cost option, these three
entities would choose to discontinue the
sale of APAAN because complying with
the rule is more costly. Thus, the annual
economic impact of the rule is $1,467
(total annual sales of APAAN from the
three affected entities). Therefore, this is
evidence that this rule will not have an
annual effect on the economy of $100
million or more and is not a significant
regulatory action.
Executive Order 13771
Executive Order 13771, titled
‘‘Reducing Regulation and Controlling
Regulatory Costs,’’ was issued on
January 30, 2017 and published in the
Federal Register on February 3, 2017.
82 FR 9339. Section 2(a) of Executive
Order 13771 requires an agency, unless
prohibited by law, to identify at least
two existing regulations to be repealed
when the agency publicly proposes for
notice and comment or otherwise
promulgates a new regulation. In
furtherance of this requirement, section
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2(c) of Executive Order 13771 requires
that the new incremental costs
associated with new regulations, to the
extent permitted by law, be offset by the
elimination of existing costs associated
with at least two prior regulations. The
interim guidance from the Office of
Management and Budget (OMB), issued
on February 2, 2017, explains that for
Fiscal Year 2017 the above requirements
only apply to each new ‘‘significant
regulatory action that imposes costs.’’
Because the DEA has determined that
this final rulemaking is not a
‘‘significant regulatory action,’’ the
requirements of Executive Order 13771
have not been triggered.
Executive Order 12988
This rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate drafting errors and ambiguity,
minimize litigation, provide a clear legal
standard for affected conduct, and
promote simplification and burden
reduction.
Executive Order 13132
This rulemaking does not have
federalism implications warranting the
application of Executive Order 13132.
The rule does not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government.
Executive Order 13175
This rule does not have tribal
implications warranting the application
of Executive Order 13175. It does not
have substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Regulatory Flexibility Act
The Acting Administrator, in
accordance with the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601–612,
has reviewed this rule and by approving
it certifies that it will not have a
significant economic impact on a
substantial number of small entities.
The purpose of this rule is to designate
APAAN as a list I chemical under the
CSA. No less restrictive measures (i.e.,
non-control or control in list II) would
enable the DEA to meet its statutory
obligation under the CSA and its
international obligations of the 1988
Convention. The DEA estimates that this
rule affects three small entities. As
discussed above, the DEA compared the
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dollar value of APAAN sales to the cost
of registration. Further, the DEA
assumed that if the cost of registration
is more than the dollar value of APAAN
sales, then each entity would
discontinue the sale of APAAN.
Two entities earned $13 in annual
sales of APAAN while the third entity
earned $1,440 in annual sales of
APAAN. The cost of registration alone
is $1,523 for each entity. Therefore, the
DEA anticipates that each entity will
discontinue the sale of APAAN because
the cost of compliance is greater than
the annual sales. As a result, the annual
economic impact of the rule is $1,467.
Using 1% of annual revenue as the
criteria for significant economic impact,
the DEA estimates that none of the three
small entities will experience a
significant economic impact. The cost of
the rule as a percentage of annual
revenue for the three entities is,
0.00044%, 0.00036%, and 0.038%,
respectively, which is less than 1% of
the entities’ annual income. Therefore,
the rule will not have a significant effect
on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
On the basis of information contained
in the ‘‘Regulatory Flexibility Act’’
section above, the DEA has determined
and certifies pursuant to the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., that this action
would not result in any Federal
mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted for inflation) in any one year.
Therefore, neither a Small Government
Agency Plan nor any other action is
required under provisions of the UMRA
of 1995.
Paperwork Reduction Act
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act of
1995. 44 U.S.C. 3501–3521. The DEA
does not anticipate that it will receive
new registration applications for the
purpose of engaging in transactions
involving this chemical. The
transactions in this chemical of which
the DEA is aware are very small, and it
does not appear to the DEA that it
would be economically justifiable
because DEA believes there is no
legitimate market for manufacturing or
engaging in commercial transactions in
this chemical. This action would not
impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
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conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
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
million or more. It will not cause a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
companies to compete with foreign
based companies in domestic and
export markets. However, the DEA has
submitted a copy of this final rule to
both Houses of Congress and to the
Comptroller General.
PART 1310—RECORDS AND
REPORTS OF LISTED CHEMICALS
AND CERTAIN MACHINES;
IMPORTATION AND EXPORTATION OF
CERTAIN MACHINES
List of Subjects in 21 CFR Part 1310
■
Drug traffic control, Exports, Imports,
Reporting and recordkeeping
requirements.
Authority: 21 U.S.C. 802, 827(h), 830,
871(b), 890.
Accordingly, for the reasons set forth
in the preamble, part 1310 of title 21 of
the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 1310
continues to read as follows:
2. Amend § 1310.02 by redesignating
paragraphs (a)(1) through (a)(30) as
paragraphs (a)(2) through (a)(31),
respectively, and adding a new
paragraph (a)(1) to read as follows:
■
§ 1310.02
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Substances covered.
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(a) * * *
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(1) Alpha-phenylacetoacetonitrile and its salts, optical isomers, and salts of optical isomers (APAAN) ...................................
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3. Amend § 1310.04 by redesignating
paragraphs (g)(1)(i) through (g)(1)(x) as
paragraphs (g)(1)(ii) through (g)(1)(xi),
respectively, and adding a new
paragraph (g)(1)(i) to read as follows:
■
§ 1310.04
Maintenance of records.
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*
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*
(g) * * *
(1) * * *
(i) Alpha-phenylacetoacetonitrile and
its salts, optical isomers, and salts of
optical isomers (APAAN)
*
*
*
*
*
■ 4. Amend § 1310.09 by adding
paragraph (n) to read as follows:
§ 1310.09 Temporary exemption from
registration.
*
*
*
*
*
(n)(1) Each person required under
sections 302 and 1007 of the Act (21
U.S.C. 822, 957) to obtain a registration
to manufacture, distribute, import, or
export regulated alphaphenylacetoacetonitrile (APAAN) and
its salts, optical isomers, and salts of
optical isomers, including regulated
chemical mixtures pursuant to
§ 1310.12, is temporarily exempted from
the registration requirement, provided
that the DEA receives a properly
completed application for registration or
application for exemption for a
chemical mixture containing alphaphenylacetoacetonitrile (APAAN) and
its salts, optical isomers, and salts of
optical isomers, pursuant to § 1310.13
on or before August 14, 2017. The
exemption will remain in effect for each
person who has made such application
until the Administration has approved
or denied that application. This
exemption applies only to registration;
all other chemical control requirements
set forth in the Act and parts 1309,
1310, 1313, and 1316 of this chapter
remain in full force and effect.
(2) Any person who manufactures,
distributes, imports or exports a
chemical mixture containing alphaphenylacetoacetonitrile (APAAN) and
its salts, optical isomers, and salts of
optical isomers whose application for
8512
exemption is subsequently denied by
the DEA must obtain a registration with
the DEA. A temporary exemption from
the registration requirement will also be
provided for those persons whose
applications for exemption are denied,
provided that the 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 been denied. The
temporary exemption for such persons
will remain in effect until the DEA takes
final action on their registration
application.
5. Amend § 1310.12(c) by adding in
alphabetical order an entry ‘‘Alphaphenylacetoacetonitrile, and its salts,
optical isomers, and salts of optical
isomers. (APAAN)’’ in the table ‘‘Table
of Concentration Limits’’ to read as
follows:
■
§ 1310.12
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Exempt chemical mixtures.
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(c) * * *
*
*
TABLE OF CONCENTRATION LIMITS
DEA chemical
code No.
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Alpha-phenylacetoacetonitrile, and its
salts, optical isomers, and salts of opticali isomers.( (APAAN).
*
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Concentration
Special conditions
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8512
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Not exempt at any concentration ............
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Chemical mixtures containing any
amount of APAAN are not exempt.
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Dated: July 10, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–14878 Filed 7–13–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 982 and 983
[Docket No. FR–5976–C–06]
Housing Opportunity Through
Modernization Act of 2016:
Implementation of Various Section 8
Voucher Provisions; Correction
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Implementation and request for
comments; correction.
AGENCY:
On January 18, 2017, HUD
published a document in the Federal
Register making several Housing Choice
Voucher (HCV) provisions of the
Housing Opportunity Through
Modernization Act of 2016 (HOTMA)
effective and requesting comment. This
document makes technical corrections
to the January 18, 2017, document.
DATES: Effective date: The effective date
for the implementation guidance of
April 18, 2017 is unchanged.
FOR FURTHER INFORMATION CONTACT:
With respect to this supplementary
document, contact Ariel Pereira,
Associate General Counsel for
Legislation and Regulations, Department
of Housing and Urban Development,
451 7th Street SW., Room 10238,
Washington, DC 20410; telephone
number 202–708–1793 (this is not a tollfree number). Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
Please direct all questions about the
January 18, 2017 document to
HOTMAquestionsPIH@hud.gov.
SUMMARY:
mstockstill on DSK30JT082PROD with RULES
SUPPLEMENTARY INFORMATION
I. Background Information
On July 29, 2016, HOTMA was signed
into law (Pub. L. 114–201, 130 Stat.
782). HOTMA made numerous changes
to statutes that govern HUD programs,
including section 8 of the United States
Housing Act of 1937 (1937 Act) (42
U.S.C. 1437f). HUD issued a notice on
October 24, 2016, at 81 FR 73030,
announcing to the public which of the
statutory changes made by HOTMA
could be implemented immediately, and
VerDate Sep<11>2014
17:00 Jul 13, 2017
Jkt 241001
which statutory changes required
further guidance from HUD before
owners, public housing agencies
(PHAs), or other grantees may use the
new statutory provisions.
On January 18, 2017, HUD published
a second document at 82 FR 5458,
making multiple HOTMA provisions
impacting the HCV program effective
and requesting comments. Several of the
comments pointed out the need for
technical corrections or clarifications to
the January 18, 2017, implementation
document. This document makes
several technical corrections and
clarifications to the January 18, 2017,
implementation document, in part
based on the public comments. HUD
also received comments recommending
changes that were not technical
corrections or clarifications, but rather
suggested alternative approaches to
implementing the HOTMA provisions.
HUD will take those comments under
consideration.
II. Explanation of Corrections
A. Units Owned by a PHA (HOTMA
§ 105)—Controlling Interest
HOTMA amended section 8(o) of the
1937 Act to provide a statutory
definition of units owned by a PHA,
overriding the regulatory definitions at
24 CFR 983.3 and 24 CFR 982.352.
HOTMA establishes three categories
under which a project is PHA-owned. A
project is PHA-owned when the project
is: (1) Owned by the PHA; (2) owned by
an entity wholly controlled by the PHA;
or (3) owned by a limited liability
company (LLC) or limited partnership
in which the PHA (or an entity wholly
controlled by the PHA) holds a
controlling interest in the managing
member or general partner. The January
18, 2017, implementation document
(page 5463, section B), used the phrase
‘‘50 percent or more’’ to define a level
of control that constitutes a controlling
interest and would thus indicate PHA
ownership. The threshold for control
should be ‘‘more than 50 percent’’ rather
than ‘‘50 percent or more.’’
This document also corrects a
typographical error contained in the
January 18, 2017, implementation
document in the definition of
‘‘controlling interest’’ for purposes of
establishing PHA ownership.
Specifically, the implementation
document incorrectly refers to
equivalent levels of control in other
‘‘organizational’’ structures. This
document corrects the definition to refer
to ‘‘ownership’’ structures.
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Fmt 4700
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32461
B. Units Not Subject to Project-Based
Voucher (PBV) Program Unit Limitation
(HOTMA § 106(a)(2)) and Projects Not
Subject to Project Cap (HOTMA
§ 106(a)(3))—Flexible Subsidy Projects
HOTMA amended the 1937 Act to
except certain units from both the PHA
program unit percentage limitation at
section 8(o)(13)(B) and the incomemixing requirement at section
8(o)(13)(D). Specifically, HOTMA
excepts units of project-based assistance
that ‘‘are attached to units previously
subject to federally required rent
restrictions or receiving another type of
long-term subsidy or project-based
assistance provided by the Secretary.’’
The January 18, 2017, implementation
document (page 5465, section C.2.C, and
page 5467, section C.3.D, respectively)
inadvertently excluded from the list of
excepted units those units that have
received assistance under section 201 of
the Housing and Community
Development Amendments of 1978.
Therefore, HUD is correcting the
January 18, 2017, implementation
document to add the Flexible Subsidy
Program in both lists.
C. Units Not Subject to PBV Program
Unit Limitation (HOTMA § 106(a)(2))—
Replacement Housing
In discussing the units that are not
subject to the PBV program unit
limitation, the January 18, 2017,
implementation document describes the
circumstances under which PBV new
construction units will qualify as
replacement housing for the covered
units and likewise are exempt from the
program limitation (page 5465, section
C.2.C(2)). One of the requirements is
that the newly constructed unit is
located on the same site as the unit it
is replacing. In describing this
requirement, the January 18 2017,
implementation document inadvertently
referred to the ‘‘site of the original
public housing development’’ instead of
‘‘site of the original development.’’ To
avoid any indication that this
requirement is only applicable to former
public housing units as opposed to all
the covered forms of HUD assistance
listed earlier in the January 18, 2017,
implementation document, C.2.C(2)(b)
is revised to strike ‘‘public housing’’
from the paragraph.
D. Changes to Income-Mixing
Requirements for a Project (Project Cap)
(HOTMA § 106(a)(3))—Supportive
Services Exception
HOTMA amends the 1937 Act with
respect to the threshold for exemption
from the income-mixing requirement.
The income mixing requirement
E:\FR\FM\14JYR1.SGM
14JYR1
]]>Agencies
[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32457-32461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14878]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
[Docket No. DEA-379]
RIN 1117-ZA04
Designation of Alpha-Phenylacetoacetonitrile (APAAN), a Precursor
Chemical Used in the Illicit Manufacture of Phenylacetone,
Methamphetamine, and Amphetamine, as a List I Chemical
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
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SUMMARY: The Drug Enforcement Administration (DEA) is finalizing the
designation of the chemical alpha-phenylacetoacetonitrile (APAAN) and
its salts, optical isomers, and salts of optical isomers, as a list I
chemical under the Controlled Substances Act (CSA). The DEA proposed
control of APAAN, due to its use in clandestine laboratories to
illicitly manufacture the schedule II controlled substances
phenylacetone (also known as phenyl-2-propanone or P2P),
methamphetamine, and amphetamine. This rulemaking finalizes, without
change, the control of APAAN as a list I chemical.
This action does not establish a threshold for domestic and
international transactions of APAAN. As such, all transactions
involving APAAN, regardless of size, shall be regulated. In addition,
chemical mixtures containing APAAN are not exempt from regulatory
requirements at any concentration. Therefore, all transactions of
chemical mixtures containing any quantity of APAAN shall be regulated
pursuant to the CSA. However, manufacturers may submit an application
for exemption for those mixtures that do not qualify for automatic
exemption.
DATES: Effective date: August 14, 2017.
FOR FURTHER INFORMATION CONTACT: Michael J. Lewis, Diversion Control
Division, Drug Enforcement Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-
6812.
SUPPLEMENTARY INFORMATION:
Legal Authority
The Controlled Substances Act (CSA) gives the Attorney General the
authority to specify, by regulation, chemicals as list I or list II
chemicals. 21 U.S.C. 802 (34) and (35). A ``list I chemical'' is a
chemical that is used in manufacturing a controlled substance in
violation of title II of the CSA, and is important to the manufacture
of the controlled substance. 21 U.S.C. 802(34). A ``list II chemical''
is a chemical (other than a list I chemical) that is used in
manufacturing a controlled substance in violation of title II of the
CSA. 21 U.S.C. 802(35). The current list of all listed chemicals is
published at 21 CFR 1310.02. Pursuant to 28 CFR 0.100(b), the Attorney
General has delegated his authority to designate list I and list II
chemicals to the Administrator of the Drug Enforcement Administration.
In addition, the United States is a Party to the 1988 United
Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (1988 Convention). When the United States
receives notification that a chemical has been added to Table I or
Table II of the 1988 Convention pursuant to article 12, the United
States is required to take measures it deems appropriate to monitor the
manufacture and distribution of that chemical within the United States
and to prevent its diversion. In addition, the 1988 Convention requires
the United States to take other specified measures related to that
chemical, including measures related to its international trade.
Background
By a letter dated April 9, 2014, the Secretary-General of the
United Nations informed the United States Government that the chemical
alpha-phenylacetoacetonitrile (APAAN) was added to Table I of the 1988
Convention. This letter was prompted by a March 19, 2014, decision at
the 57th Session of the United Nations Commission on Narcotic Drugs
(CND) to add APAAN to Table I. As a Party to the 1988 Convention, the
United States is obligated, pursuant to article 12, to take measures it
deems appropriate to monitor the manufacture and distribution of APAAN
within the United States and to prevent its diversion. Article 12 also
obligates the United States to take other specified measures related to
APAAN, including measures related to its international trade. By
designating APAAN, which is a primary precursor for the manufacture of
phenylacetone (also known as phenyl-2-propanone (P2P) or benzyl methyl
ketone), methamphetamine, and amphetamine, as a list I chemical, the
United States will fulfill its obligations under the 1988 Convention.
Designation of APAAN and Its Salts, Optical Isomers, and Salts of
Optical Isomers as a List I Chemical
On December 12, 2016, DEA published a Notice of Proposed Rulemaking
(NPRM) proposing control of APAAN, due to its use in clandestine
laboratories to illicitly manufacture the schedule II controlled
substances phenylacetone (also known as phenyl-2-propanone or P2P),
methamphetamine, and amphetamine. 81 FR 89402. In response to the NPRM,
only one comment was received. This comment was supportive of the DEA's
proposed control of APAAN. As such, this rulemaking finalizes the
control of APAAN as a list I chemical.
On the effective date of this final rule, handlers of APAAN shall
be subject to the chemical regulatory provisions of the CSA, including
21 CFR parts 1309, 1310, 1313, and 1316. Since even a small amount of
APAAN can make a significant amount of P2P, this action does not
establish a threshold for domestic and import transactions of APAAN in
accordance with the provisions of 21 CFR 1310.04(g). Therefore, all
APAAN transactions, regardless of size, will be regulated
[[Page 32458]]
transactions as defined in 21 CFR 1300.02(b). As such, all APAAN
transactions will be subject to recordkeeping, reporting, import and
export controls, and other CSA chemical regulatory requirements. In
addition, each regulated bulk manufacturer shall submit manufacturing,
inventory, and use data on an annual basis.
Chemical Mixtures of APAAN
Under this final rulemaking, chemical mixtures containing APAAN
shall not be exempt from regulatory requirements at any concentration,
unless an application for exemption of a chemical mixture is submitted
by an APAAN manufacturer, and the application is reviewed and accepted
and the mixture exempted by the DEA under 21 CFR 1310.13. Therefore,
all chemical mixtures containing any quantity of APAAN shall be subject
to CSA control, unless the APAAN manufacturer is granted an exemption
by the application process in accordance with 21 CFR 1310.13. This rule
modifies the ``Table of Concentration Limits'' in 21 CFR 1310.12(c) to
reflect the fact that chemical mixtures containing any amount of APAAN
are subject to CSA chemical control provisions.
Exemption by Application Process
The DEA has implemented an application process to exempt certain
chemical mixtures from the requirements of the CSA and its implementing
regulations. 21 CFR 1310.13. Manufacturers may submit an application
for exemption for those mixtures that do not qualify for automatic
exemption. Exemption status may be granted if the 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 that the
listed chemical or chemicals cannot be readily recovered. 21 CFR
1310.13(a)(1)-(2).
Requirements for Handling List I Chemicals
The designation of APAAN as a list I chemical shall subject APAAN
handlers (manufacturers, distributors, importers, and exporters) to all
of the regulatory controls and administrative, civil, and criminal
actions applicable to the manufacture, distribution, importing, and
exporting of a list I chemical. Upon publication of this final rule,
persons handling APAAN, including regulated chemical mixtures
containing APAAN, shall be required to comply with the following list I
chemical regulations:
1. Registration. Any person who manufactures, distributes, imports,
or exports APAAN, or proposes to engage in the manufacture,
distribution, importation, or exportation of APAAN, must obtain a
registration pursuant to 21 U.S.C. 822, 823, 957, 958. Regulations
describing registration for list I chemical handlers are set forth in
21 CFR part 1309.
Upon publication of this final rule, any person manufacturing,
distributing, importing, or exporting APAAN or a chemical mixture
containing APAAN will become subject to the registration requirement
under the CSA. The DEA recognizes, however, that it is not possible for
persons who are subject to the registration requirement to immediately
complete and submit an application for registration and for the DEA to
immediately issue registrations for those activities. Therefore, to
allow continued legitimate commerce in APAAN, the DEA is establishing
in 21 CFR 1310.09, a temporary exemption from the registration
requirement for persons desiring to engage in activities with APAAN,
provided that the DEA receives a properly completed application for
registration or exemption of a chemical mixture on or before August 14,
2017. The temporary exemption for such persons will remain in effect
until the DEA takes final action on their application for registration
or application for exemption of a chemical mixture.
The temporary exemption applies solely to the registration
requirement; all other chemical control requirements, including
recordkeeping and reporting, would become effective on the effective
date of this final rule. Therefore, all transactions of APAAN and
chemical mixtures containing APAAN will be regulated while an
application for registration or exemption is pending. This is necessary
because not regulating these transactions could result in increased
diversion of chemicals desirable to drug traffickers.
Additionally, the temporary exemption does not suspend applicable
federal criminal laws relating to APAAN, nor does it supersede State or
local laws or regulations. All handlers of APAAN must comply with
applicable State and local requirements in addition to the CSA
regulatory controls.
2. Records and Reports. Every DEA registrant must maintain records
and reports with respect to APAAN pursuant to 21 U.S.C. 830 and in
accordance with 21 CFR part 1310. Pursuant to 21 CFR 1310.04, 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 listed chemical must submit
manufacturing, inventory, and use data on an annual basis. 21 CFR
1310.05(d). Existing standard industry reports containing the required
information will be acceptable, provided the information is separate or
readily retrievable from the report.
21 CFR 1310.05(a) requires that each regulated person shall report
to the 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 and its corresponding regulations. Regulated persons are also
required to report any proposed regulated transaction with a person
whose description or other identifying characteristic the
Administration has previously furnished to the regulated person; any
unusual or excessive loss or disappearance of a listed chemical under
the control of the regulated person; any in-transit loss in which the
regulated person is the supplier; and any domestic regulated
transaction in a tableting or encapsulating machine.
3. Importation and Exportation. All importation and exportation of
APAAN must comply with 21 U.S.C. 957, 958, and 971 and be in accordance
with 21 CFR part 1313.
4. Security. All applicants and registrants must provide effective
controls against theft and diversion in accordance with 21 CFR 1309.71-
1309.73.
5. Administrative Inspection. Places, including factories,
warehouses, or other establishments and conveyances, where registrants
or other regulated persons may lawfully hold, manufacture, distribute,
or otherwise dispose of a list I chemical or where records relating to
those activities are maintained, are controlled premises as defined in
21 U.S.C. 880(a) and 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 part 1316, subpart A.
6. Liability. Any activity involving APAAN not authorized by, or in
violation of, the CSA, will be unlawful, and may subject the person to
administrative, civil, and/or criminal action.
Regulatory Analyses
Executive Orders 12866 and 13563
This final rulemaking, which adds APAAN as a list I chemical, has
been developed in accordance with the
[[Page 32459]]
principles of Executive Orders 12866 and 13563. The DEA followed the
principles of these Executive Orders, even though it has been
determined that this action is not a significant regulatory action.
To determine whether this action is a significant regulatory
action, the DEA utilized a least cost option analysis. At the outset,
the DEA determined that the primary costs of this rule would come from
complying with the registration, recordkeeping, reporting, and export
and import requirements set forth in the CSA. Therefore, under the
least cost option, an entity would choose to discontinue the sale of
APAAN if proceeds from the sale are less than the cost of complying
with the rule.
The DEA has not identified any industrial uses of APAAN by domestic
entities and its potential usage appears to be limited to research.
Based on independent research following a 2013 United Nations
Questionnaire/Survey on APAAN, the DEA identified three entities that
have each imported APAAN. Two of the three entities had average annual
sales of APAAN totaling $13 during the analysis period. The third
entity had average annual sales of APAAN totaling $1,440 during the
same period. Other chemical distributors list APAAN in their chemical
catalogs. However, these entities do not manufacture APAAN, instead
opting to purchase APAAN from international sources to fill special
orders. These entities do not stock APAAN in inventory and the vast
majority had no previous sales of APAAN.
The registration fee for importers of a list I chemical is $1,523
per year. Based on the least cost option, these three entities would
choose to discontinue the sale of APAAN because complying with the rule
is more costly. Thus, the annual economic impact of the rule is $1,467
(total annual sales of APAAN from the three affected entities).
Therefore, this is evidence that this rule will not have an annual
effect on the economy of $100 million or more and is not a significant
regulatory action.
Executive Order 13771
Executive Order 13771, titled ``Reducing Regulation and Controlling
Regulatory Costs,'' was issued on January 30, 2017 and published in the
Federal Register on February 3, 2017. 82 FR 9339. Section 2(a) of
Executive Order 13771 requires an agency, unless prohibited by law, to
identify at least two existing regulations to be repealed when the
agency publicly proposes for notice and comment or otherwise
promulgates a new regulation. In furtherance of this requirement,
section 2(c) of Executive Order 13771 requires that the new incremental
costs associated with new regulations, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
two prior regulations. The interim guidance from the Office of
Management and Budget (OMB), issued on February 2, 2017, explains that
for Fiscal Year 2017 the above requirements only apply to each new
``significant regulatory action that imposes costs.'' Because the DEA
has determined that this final rulemaking is not a ``significant
regulatory action,'' the requirements of Executive Order 13771 have not
been triggered.
Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988 to eliminate drafting errors and
ambiguity, minimize litigation, provide a clear legal standard for
affected conduct, and promote simplification and burden reduction.
Executive Order 13132
This rulemaking does not have federalism implications warranting
the application of Executive Order 13132. The rule does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or the distribution of power
and responsibilities among the various levels of government.
Executive Order 13175
This rule does not have tribal implications warranting the
application of Executive Order 13175. It does not have substantial
direct effects on one or more Indian tribes, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes.
Regulatory Flexibility Act
The Acting Administrator, in accordance with the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601-612, has reviewed this rule and by
approving it certifies that it will not have a significant economic
impact on a substantial number of small entities. The purpose of this
rule is to designate APAAN as a list I chemical under the CSA. No less
restrictive measures (i.e., non-control or control in list II) would
enable the DEA to meet its statutory obligation under the CSA and its
international obligations of the 1988 Convention. The DEA estimates
that this rule affects three small entities. As discussed above, the
DEA compared the dollar value of APAAN sales to the cost of
registration. Further, the DEA assumed that if the cost of registration
is more than the dollar value of APAAN sales, then each entity would
discontinue the sale of APAAN.
Two entities earned $13 in annual sales of APAAN while the third
entity earned $1,440 in annual sales of APAAN. The cost of registration
alone is $1,523 for each entity. Therefore, the DEA anticipates that
each entity will discontinue the sale of APAAN because the cost of
compliance is greater than the annual sales. As a result, the annual
economic impact of the rule is $1,467.
Using 1% of annual revenue as the criteria for significant economic
impact, the DEA estimates that none of the three small entities will
experience a significant economic impact. The cost of the rule as a
percentage of annual revenue for the three entities is, 0.00044%,
0.00036%, and 0.038%, respectively, which is less than 1% of the
entities' annual income. Therefore, the rule will not have a
significant effect on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
On the basis of information contained in the ``Regulatory
Flexibility Act'' section above, the DEA has determined and certifies
pursuant to the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C.
1501 et seq., that this action would not result in any Federal mandate
that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted for inflation) in any one year.
Therefore, neither a Small Government Agency Plan nor any other action
is required under provisions of the UMRA of 1995.
Paperwork Reduction Act
This action does not impose a new collection of information
requirement under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501-
3521. The DEA does not anticipate that it will receive new registration
applications for the purpose of engaging in transactions involving this
chemical. The transactions in this chemical of which the DEA is aware
are very small, and it does not appear to the DEA that it would be
economically justifiable because DEA believes there is no legitimate
market for manufacturing or engaging in commercial transactions in this
chemical. This action would not impose recordkeeping or reporting
requirements on State or local governments, individuals, businesses, or
organizations. An agency may not
[[Page 32460]]
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
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 million or more. It will not cause a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of the United States-based companies to compete with
foreign based companies in domestic and export markets. However, the
DEA has submitted a copy of this final rule to both Houses of Congress
and to the Comptroller General.
List of Subjects in 21 CFR Part 1310
Drug traffic control, Exports, Imports, Reporting and recordkeeping
requirements.
Accordingly, for the reasons set forth in the preamble, part 1310
of title 21 of the Code of Federal Regulations is amended as follows:
PART 1310--RECORDS AND REPORTS OF LISTED CHEMICALS AND CERTAIN
MACHINES; IMPORTATION AND EXPORTATION OF CERTAIN MACHINES
0
1. The authority citation for part 1310 continues to read as follows:
Authority: 21 U.S.C. 802, 827(h), 830, 871(b), 890.
0
2. Amend Sec. 1310.02 by redesignating paragraphs (a)(1) through
(a)(30) as paragraphs (a)(2) through (a)(31), respectively, and adding
a new paragraph (a)(1) to read as follows:
Sec. 1310.02 Substances covered.
* * * * *
(a) * * *
(1) Alpha-phenylacetoacetonitrile and its salts, optical 8512
isomers, and salts of optical isomers (APAAN)..........
* * * * *
0
3. Amend Sec. 1310.04 by redesignating paragraphs (g)(1)(i) through
(g)(1)(x) as paragraphs (g)(1)(ii) through (g)(1)(xi), respectively,
and adding a new paragraph (g)(1)(i) to read as follows:
Sec. 1310.04 Maintenance of records.
* * * * *
(g) * * *
(1) * * *
(i) Alpha-phenylacetoacetonitrile and its salts, optical isomers,
and salts of optical isomers (APAAN)
* * * * *
0
4. Amend Sec. 1310.09 by adding paragraph (n) to read as follows:
Sec. 1310.09 Temporary exemption from registration.
* * * * *
(n)(1) Each person required under sections 302 and 1007 of the Act
(21 U.S.C. 822, 957) to obtain a registration to manufacture,
distribute, import, or export regulated alpha-phenylacetoacetonitrile
(APAAN) and its salts, optical isomers, and salts of optical isomers,
including regulated chemical mixtures pursuant to Sec. 1310.12, is
temporarily exempted from the registration requirement, provided that
the DEA receives a properly completed application for registration or
application for exemption for a chemical mixture containing alpha-
phenylacetoacetonitrile (APAAN) and its salts, optical isomers, and
salts of optical isomers, pursuant to Sec. 1310.13 on or before August
14, 2017. The exemption will remain in effect for each person who has
made such application until the Administration has approved or denied
that application. This exemption applies only to registration; all
other chemical control requirements set forth in the Act and parts
1309, 1310, 1313, and 1316 of this chapter remain in full force and
effect.
(2) Any person who manufactures, distributes, imports or exports a
chemical mixture containing alpha-phenylacetoacetonitrile (APAAN) and
its salts, optical isomers, and salts of optical isomers whose
application for exemption is subsequently denied by the DEA must obtain
a registration with the DEA. A temporary exemption from the
registration requirement will also be provided for those persons whose
applications for exemption are denied, provided that the 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 been denied. The temporary exemption for such persons
will remain in effect until the DEA takes final action on their
registration application.
0
5. Amend Sec. 1310.12(c) by adding in alphabetical order an entry
``Alpha-phenylacetoacetonitrile, and its salts, optical isomers, and
salts of optical isomers. (APAAN)'' in the table ``Table of
Concentration Limits'' to read as follows:
Sec. 1310.12 Exempt chemical mixtures.
* * * * *
(c) * * *
Table of Concentration Limits
----------------------------------------------------------------------------------------------------------------
DEA chemical
code No. Concentration Special conditions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Alpha-phenylacetoacetonitrile, and its 8512 Not exempt at any Chemical mixtures
salts, optical isomers, and salts of concentration. containing any amount of
optical isomers. (APAAN). APAAN are not exempt.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 32461]]
* * * * *
Dated: July 10, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-14878 Filed 7-13-17; 8:45 am]
BILLING CODE 4410-09-P
