Listed chemicals; establishment of non-regulated transactions in anhydrous hydrogen chloride. Final rule confirmation.

Effective October 3, 1996, the Comprehensive Methamphetamine Control Act of 1996 (MCA) had the practical effect of directing the DEA to place domestic controls on anhydrous hydrogen chloride. Previously, exports of the listed chemical hydrochloric acid (including anhydrous hydrogen chloride, referred to in the MCA as hydrochloric gas, which is a form of hydrogen chloride) were already regulated pursuant to 21 CFR 1310. A domestic threshold of zero (0.0 kilograms) for anhydrous hydrogen chloride became effective September 1,2000, by a Final Rule published on August 2, 2000 (65 FR 47309). Although the threshold for anhydrous hydrogen chloride is established at 0.0 kilogram, DEA has concluded that certain transactions in anhydrous hydrogen chloride are not sources for diversion. The Final Rule establishing a zero threshold for anhydrous hydrogen chloride also provided exemption, on an interim basis, from the recordkeeping and reporting requirements for: (1) Domestic transactions involving pipeline distributions; and (2) domestic distributions of 12,000 pounds (net weight) or more in a single container. Because these exemptions were not discussed in the Notice of Proposed Rulemaking published on September 30,1997 (62 FR 51072), DEA requested public comment with respect to the exemption for these two types of transactions involving anhydrous hydrogen chloride. The period for public comment closed on September 1, 2000. Two comments were received supporting these exemptions. This publication finalizes the interim rule without change.