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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Proposed Rules
Paperwork Reduction Act
List of Subjects in 21 CFR Part 1310

This proposed action does not impose a new collection of information requirement under the Paperwork Reduction Act, 44 U.S.C. 35013521.
This proposed action would not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not 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.

Administrative practice and procedure, Drug traffic control, Exports, Imports, Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, DEA proposes to further amend 21 CFR part 1310, as proposed to be amended at 85 FR 82984
December 21, 2020 as follows:

PART 1310RECORDS AND
REPORTS OF LISTED CHEMICALS
AND CERTAIN MACHINES;
IMPORTATION AND EXPORTATION OF
CERTAIN MACHINES
1. The authority citation for 21 CFR
part 1310 continues to read as follows:

Authority: 21 U.S.C. 802, 827h, 830, 871b, 890.

2. In 1310.02, add paragraph a37
to read as follows:

1310.02

Substances covered.

a

37 methyl alpha-phenylacetoacetate MAPA; methyl 3-oxo-2-phenylbutanoate and its optical isomers

3. In 1310.04:
a. Redesignate paragraphs g1x through xvi as paragraphs g1xi through xvii, respectively; and b. Add new paragraph g1x.
The addition reads as follows:

1310.04

Maintenance of records.

g
1
x methyl alpha-phenylacetoacetate MAPA; methyl 3-oxo-2phenylbutanoate and its optical isomers.

4. In 1310.09, add paragraph r to read as follows:
1310.09 Temporary exemption from registration.

r1 Each person required under 21
U.S.C. 822 and 957 to obtain a registration to manufacture, distribute, import, or export regulated forms of methyl alpha-phenylacetoacetate MAPA; methyl 3-oxo-2-

phenylbutanoate and its optical isomers, including regulated chemical mixtures pursuant to 1310.12, is temporarily exempted from the registration requirement, provided that DEA receives a properly completed application for registration or application for exemption for a chemical mixture containing regulated forms of MAPA pursuant to 1310.13
on or before 30 days after the publication of a rule finalizing this action. The exemption would 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 regulated forms of methyl alphaphenylacetoacetate MAPA; methyl 3oxo-2-phenylbutanoate and its optical
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isomers whose application for exemption is subsequently denied by DEA must obtain a registration with DEA. A temporary exemption from the registration requirement would also be provided for those persons whose application for exemption is denied, provided that 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 would remain in effect until DEA takes final action on their registration application.
5. In 1310.12, in the Table of Concentration Limits under List I
Chemicals in paragraph c, add an entry for methyl alpha-phenylacetoacetate MAPA; methyl 3-oxo-2phenylbutanoate in alphabetical order to read as follows:
1310.12

Exempt chemical mixtures.

c

TABLE OF CONCENTRATION LIMITS
DEA chemical code No.

Concentration
Special conditions
List I Chemicals
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methyl alpha-phenylacetoacetate MAPA;
methyl 3-oxo-2-phenylbutanoate and its optical isomers.

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Not exempt at any concentration

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Chemical mixtures containing any amount of MAPA and its optical isomers are not exempt.

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