Listed Chemicals; Proposed Establishment of Thresholds for Iodine and Hydrochloric Gas (Hydrogen Chloride Gas)

The Comprehensive Methamphetamine Control Act of 1996 (MCA) establishes that, effective October 3, 1996, iodine and hydrogen chloride gas are List II chemicals under the Controlled Substances Act (CSA). The inclusion of these chemicals under the CSA requires that each regulated person must keep records and file reports as specified in Title 21 Code Federal Regulations (21 CFR) Part 1310. Since the MCA did not establish thresholds for iodine and hydrogen chloride gas, recordkeeping and reporting requirements became applicable to all domestic transactions of these chemicals. While this notice of proposed rulemaking is proposing a domestic threshold of 0.0 kilograms for hydrogen chloride gas, it proposes to set a domestic threshold of 0.4 kilograms for iodine. This iodine threshold will remove the recordkeeping requirement for many iodine transactions. This notice of proposed rulemaking also proposes to reinsert the table in 21 CFR 1310.04(f)(2)(iv), listing thresholds for exports, transshipments, and international transactions to designated countries set forth in 1310.08(b). The DEA's final rule regarding implementation of the Domestic Chemical Diversion Control Act of 1993, published on June 22, 1995 [60 FR 32447] inadvertently omitted the table from the section.