Date="12/09/94" Citation="59 FR 63738" Group="legal" Type="PROPOSED RULE" Department="DEPARTMENT OF JUSTICE" Agency="DRUG ENFORCEMENT ADMINISTRATION (DEA), JUSTICE" Subject="Implementation of the Domestic Chemical Diversion Control Act of 1993 (Pub. L. 103-200)"

DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Parts 1307, 1309, 1310, 1313 and 1316 [DEA No. 112M] RIN 1117-AA23 Implementation of the Domestic Chemical Diversion Control Act of 1993 (Pub. L. 103-200) AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Proposed rule, partial withdrawal.

DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Parts 1307, 1309, 1310, 1313 and 1316 [DEA No. 112M] RIN 1117-AA23 Implementation of the Domestic Chemical Diversion Control Act of 1993 (Pub. L. 103-200) AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Proposed rule, partial withdrawal. + ------------------------------------------------------------ SUMMARY: DEA is withdrawing selected portions of its notice of proposed rulemaking (NPRM) to implement the Domestic Chemical Diversion Control Act of 1993 (Pub. L. 103-200) (DCDCA) which deal with the exemption process for chemical mixtures and the manufacturer reporting requirements. The current proposed requirements regarding chemical mixtures and manufacturer reporting may result in a larger volume of submissions than originally anticipated, or possible duplicative reporting. Therefore, they are being withdrawn for reassessment and redrafting. FOR FURTHER INFORMATION CONTACT: G. Thomas Gitchel, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Telephone (202) 307-7297. SUPPLEMENTARY INFORMATION: On October 13, 1994, DEA published a notice of proposed rulemaking (NPRM) regarding implementation of the DCDCA in the Federal Register (59 FR 51887). Included as part of that NPRM are proposed regulations regarding the exemption of chemical mixtures, set forth in the proposed secsec 1310.12 and 1310.13; and manufacturer reports, set forth in secsec 1310.05(d) and 1310.06(h). Following publication of the NPRM, DEA has determined that the requirements set forth in the noted sections may result in a significantly greater volume of submissions than originally anticipated. Specifically, the number of affected chemical mixtures currently manufactured is much larger than originally anticipated, and the requirement for manufacturer reporting may duplicate existing reports made by chemical manufacturers. It is in the best interests of the affected industry and DEA that the requirements be withdrawn at this time and further study of the subject be conducted. DEA will solicit further input and advice from representatives of the affected chemical industry prior to re-proposing the requirements. As noted in the NPRM, chemical mixtures that met the definition of "chemical mixture'' set forth in sec 1310.01(g) prior to the effective date of the DCDCA shall remain exempted from the definition of regulated transaction until DEA has promulgated final regulations regarding the procedures by which manufacturers may request exemption of chemical mixtures. Accordingly, in DEA's notice of proposed rulemaking entitled Implementation of the Domestic Chemical Diversion Control Act of 1993 (Pub. L. 103-200), as published in the Federal Register on October 13, 1994 (59 FR 51887) it is ordered that: On page 51902, in the second column, in sec 1310.05, paragraph (d) is withdrawn; On page 51903, at the beginning of the first column, in sec 1310.06, paragraph (h) is withdrawn; On page 51904, beginning in the second column, sec 1310.12 is withdrawn; and On page 51905, in the first column, sec 1310.13 is withdrawn. Dated: December 2, 1994. Stephen H. Greene, Deputy Administrator, Drug Enforcement Administration. [FR Doc. 94-30313 Filed 12-8-94; 8:45 am] BILLING CODE 4410-09-M ------------------------------------------------------ The Contents entry for this article reads as follows: Domestic Chemical Diversion Control Act of 1993; implementation: List 1 chemicals; manufacturers, distributors, importers and exporters; registration Partially withdrawn, 63738