Rule2026-06523
Designation of P2P Methyl Glycidic Acid as a List I Chemical
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 3, 2026
Effective
May 4, 2026
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Abstract
The Drug Enforcement Administration is finalizing the control of 2-methyl-3-phenyloxirane-2-carboxylic acid (also known as P2P methyl glycidic acid and BMK glycidic acid) and its esters, its optical and geometric isomers, its salts, salts of its optical and geometric isomers and its esters, and any combination thereof, whenever the existence of such is possible, as a list I chemical under the Controlled Substances Act (CSA). P2P methyl glycidic acid is used in the illicit manufacture of the controlled substances phenylacetone (also known as phenyl-2-propanone or P2P), methamphetamine, and amphetamine, and it is important to the manufacture of these substances. This final rule subjects handlers of P2P methyl glycidic acid to the chemical regulatory provisions of the CSA and its implementing regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Rules and Regulations]
[Pages 16831-16837]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06523]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
[Docket No. DEA-1395]
Designation of P2P Methyl Glycidic Acid as a List I Chemical
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Drug Enforcement Administration is finalizing the control
of 2-methyl-3-phenyloxirane-2-carboxylic acid (also known as P2P methyl
glycidic acid and BMK glycidic acid) and its esters, its optical and
geometric isomers, its salts, salts of its optical and geometric
isomers and its esters, and any combination thereof, whenever the
existence of such is possible, as a list I chemical under the
Controlled Substances Act (CSA). P2P methyl glycidic acid is used in
the illicit manufacture of the controlled substances phenylacetone
(also known as phenyl-2-propanone or P2P), methamphetamine, and
amphetamine, and it is important to the manufacture of these
substances. This final rule subjects handlers of P2P methyl glycidic
acid to the chemical regulatory provisions of the CSA and its
implementing regulations.
DATES: This rulemaking will become effective on May 4, 2026. Persons
seeking registration must apply on or before May 4, 2026 to continue
their business pending final action by DEA on their application.
FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Drug and Chemical
Evaluation Section, Diversion Control Division, Drug Enforcement
Administration; Telephone: (571) 362- 3249.
SUPPLEMENTARY INFORMATION: This final rule designates P2P methyl
glycidic acid (2-methyl-3-phenyloxirane-2-carboxylic acid; BMK glycidic
acid) and its esters, its optical and geometric isomers, its salts,
salts of its optical and geometric isomers and its esters, and any
combination thereof, as a list I chemical. This action subjects
handlers of P2P methyl glycidic acid to the chemical regulatory
provisions of the Controlled Substances Act (CSA) and its implementing
regulations. This rulemaking does not establish a threshold for
domestic and international transactions of P2P methyl glycidic acid. As
such, all transactions involving P2P methyl glycidic acid, regardless
of size, shall be regulated and are subject to control under the CSA.
In addition, chemical mixtures containing P2P methyl glycidic acid are
not exempt from regulatory requirements at any concentration.
Therefore, all transactions of chemical mixtures containing any
quantity of P2P methyl glycidic acid shall be regulated pursuant to the
CSA.
Legal Authority
The CSA gives the Attorney General the authority to specify, by
regulation, chemicals as list I chemicals.\1\ A ``list I chemical'' is
defined as ``a chemical that is used in manufacturing a controlled
substance in violation of [the CSA] and is important to the manufacture
of the controlled substances.'' \2\ 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 her authority to designate list I
chemicals to the Administrator of DEA (Administrator). DEA's
regulations set forth the process by which DEA may add a chemical as a
listed chemical. As set forth in 21 CFR 1310.02(c), the agency may do
so by publishing a final rule in the Federal Register following a
published notice of proposed rulemaking (NPRM) with at least 30 days
for public comments.
---------------------------------------------------------------------------
\1\ 21 U.S.C. 802(34).
\2\ Id.
---------------------------------------------------------------------------
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), Dec. 20, 1988, 1582 U.N.T.S.
95. Under Article 12 of the 1988 Convention, when the United States
receives notification that a chemical has been added to Table I or
Table II of the 1988 Convention, 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, including measures related to international trade.
[[Page 16832]]
Background
By letter dated June 6, 2022, in accordance with Article 12,
paragraph 6 of the 1988 Convention, the Secretary-General of the United
Nations informed the United States that the chemicals P2P methyl
glycidic acid and specific esters of P2P methyl glycidic acid,
including their optical isomers, were added to Table I of the 1988
Convention. This letter was prompted by a decision of the United
Nations Commission on Narcotic Drugs to add P2P methyl glycidic acid
and specific esters of P2P methyl glycidic acid to Table I during its
67th Session on March 19, 2024. As discussed above, the United States
is a party to the 1988 Convention and has certain obligations pursuant
to Article 12. By designating P2P methyl glycidic acid, as well as its
esters and their optical and geometric isomers, as list I chemicals,
the United States will fulfill its obligations under the 1988
Convention.
On October 2, 2025, DEA published an NPRM to designate P2P methyl
glycidic acid, including its esters, its optical and geometric isomers,
its salts, salts of its optical and geometric isomers and its esters,
and any combination thereof, as a list I chemical under the CSA.\3\ In
the NPRM, the Administrator found that P2P methyl glycidic acid is used
in, and is important to, the manufacture of the schedule II substances
phenylacetone (also known as phenyl-2-propanone, P2P, or benzyl methyl
ketone), methamphetamine, and amphetamine. P2P methyl glycidic acid
does not have any legitimate use, and it has not been widely traded
through legitimate channels. Clandestine laboratory operators have
circumvented the schedule II controls on P2P by developing a variety of
synthetic methods for producing P2P, which they then convert to
methamphetamine and amphetamine.\4\
---------------------------------------------------------------------------
\3\ Designation of P2P Methyl Glycidic Acid as a List I
Chemical, 90 FR 47670 (Oct. 2, 2025).
\4\ Id. at 47671-72.
---------------------------------------------------------------------------
Comments Received
As part of the NPRM published on October 2, 2025, DEA solicited
comments regarding this rulemaking.\5\ In response to the NPRM, DEA
received three comments. One commenter was in support of controlling
P2P methyl glycidic acid as a list I chemical. One commenter supported
the control of P2P methyl glycidic acid; however, it requested that DEA
correct what it believed to be procedural deficiencies to ensure the
rule is legally sustainable and complete. One commenter submitted a
response that was outside the scope of the action.
---------------------------------------------------------------------------
\5\ See id. at 47670.
---------------------------------------------------------------------------
Comment in support of rulemaking: One commenter stated that it
supported regulating P2P methyl glycidic acid and encouraged DEA to
continue to monitor international discoveries of alternative precursors
to highly marketable illicit substances.
DEA Response: DEA agrees with the comment in support of controlling
P2P methyl glycidic acid as a list I chemical. DEA is concerned with
the abuse of illicitly manufactured methamphetamine and amphetamine in
the United States and believes this rule will help to control the
illicit manufacture of these substances. DEA also agrees that the
illicit manufacture of methamphetamine and other drugs is a global
challenge and necessitates cooperation with international partners,
including compliance with international treaties.
Comment raising procedural requests: One commenter agreed with the
proposal and targeting against chemical diversion, but it requested
that DEA fix problems in the proposed rule by adhering to the following
procedures: (1) using the Administrative Procedure Act (APA) correctly
for public input; (2) analyzing impacts on small businesses under the
Regulatory Flexibility Act (RFA); (3) justifying why the rule is not a
``significant regulatory action'' as defined by Executive Order (E.O.)
12866; and (4) complying with information collection under the
Paperwork Reduction Act (PRA) because a new listed chemical expands the
number of respondents subject to existing collections of information.
DEA Response: DEA appreciates the comment. First, DEA followed
standard rulemaking process as set forth in 21 CFR 1310.02(c) and (h),
which involved publishing an NPRM in the Federal Register and allowing
a 30-day period for interested persons to file written comments. DEA
did not rely on the APA's ``good cause'' exception under 5 U.S.C.
553(b)(B) or (d)(3) to forego notice-and-comment rulemaking in this
instance. On the contrary, the agency provided a 30-day public comment
period,\6\ consistent with both DEA regulations and APA
requirements.\7\ Because notice and an opportunity for public
participation were afforded, the rulemaking process complied with the
APA's procedural requirements.
---------------------------------------------------------------------------
\6\ Designation of P2P Methyl Glycidic Acid as a List I
Chemical, 90 FR at 47670.
\7\ 21 CFR 1310.02(c), (h); 5 U.S.C. 553(c).
---------------------------------------------------------------------------
Second, in regard to the RFA, DEA certified in the NPRM that the
rule will not result in a significant economic impact on a substantial
number of small entities and provided the factual basis for the
certification.\8\ For example, DEA explained that there are nine
suppliers of P2P Methyl Glycidic Acid which account for far less than a
substantial number (approximately 0.07 percent) of small businesses in
industries likely to represent such suppliers, i.e., 325412--
Pharmaceutical Preparation Manufacturing, 424210--Drugs and Druggists'
Sundries Merchant Wholesalers, and 424690--Other Chemical and Allied
Products Merchant Wholesalers. Furthermore, the NPRM adequately
explained that the cost of this rule on any affected small entity is
minimal.\9\
---------------------------------------------------------------------------
\8\ Designation of P2P Methyl Glycidic Acid as a List I
Chemical, 90 FR at 47675.
\9\ Id.
---------------------------------------------------------------------------
Third, the Office of Information and Regulatory Affairs determined
that the rule would not be a ``significant regulatory action'' as
defined under section 3(f) of E.O. 12866, including section 3(f)(1),
and, therefore, the rule did not require review by the Office of
Management and Budget (OMB).
Finally, the PRA distinguishes between the creation of a new
information collection and changes to the scope or scale of an already
approved collection. An increase in the number of respondents
associated with an existing, OMB-approved information collection does
not, by itself, constitute a ``new collection of information'' under
the PRA. This rule requires compliance with the following existing OMB
collections: 1117-0023 and 1117-0029.
Comment that was not related to this rulemaking: One commenter
stated that it supported placing MDMB-4en-PINACA in schedule I due to
the harm associated with that substance and the public health risk.
DEA Response: While DEA appreciates the comment, it is outside the
scope of the current rulemaking action; therefore, this comment was not
considered.
Designation of P2P Methyl Glycidic Acid as a List I Chemical
For the reasons discussed in the NPRM and reiterated in the above
background section, the Administrator finds that P2P methyl glycidic
acid is used in the manufacture of controlled substances in violation
of the CSA and is important to the manufacture of these controlled
substances. Therefore, the Administrator designates P2P methyl glycidic
acid, including its esters, its optical and geometric isomers, its
salts, salts of its optical and geometric isomers and its esters, and
any combination
[[Page 16833]]
thereof, and its optical isomers as a list I chemical.
Chemical Mixtures of P2P Methyl Glycidic Acid
Pursuant to this final rule, chemical mixtures containing P2P
methyl glycidic acid are not exempt from regulatory requirements at any
concentration, unless a manufacturer submits to DEA an application for
exemption of such chemical mixture, DEA accepts the application for
filing, and DEA exempts the chemical mixture in accordance with 21 CFR
1310.13 (exemption of chemical mixtures by application). Because there
are no legitimate industrial uses for P2P methyl glycidic acid,
regulation of chemical mixtures containing any amount of P2P methyl
glycidic acid is necessary to prevent the illicit extraction,
isolation, and use of P2P methyl glycidic acid. Therefore, all chemical
mixtures containing any quantity of P2P methyl glycidic acid are
subject to control under the CSA, unless a manufacturer of P2P methyl
glycidic acid is granted an exemption by the application process in
accordance with 21 CFR 1310.13. This rule finalizes the modification of
the ``Table of Concentration Limits'' in 21 CFR 1310.12(c) to reflect
the fact that chemical mixtures containing any amount of P2P methyl
glycidic acid are subject to CSA chemical control provisions.
Application Process for Exemption of Chemical Mixtures
DEA has implemented an application process to exempt certain
chemical mixtures from the requirements of the CSA and its implementing
regulations.\10\ Manufacturers may apply for an automatic exemption for
those mixtures that do not meet the criteria set forth in 21 CFR
1310.12(d). Pursuant to 21 CFR 1310.13(a), DEA may grant an exemption
of a chemical mixture, by publishing a final rule in the Federal
Register, if DEA determines that: (1) the mixture is formulated in such
a way that it cannot be easily used in the illicit production of a
controlled substance, and (2) the listed chemical or chemicals cannot
be readily recovered.
---------------------------------------------------------------------------
\10\ 21 CFR 1310.13 specifies that this chemical mixture is a
chemical mixture consisting of two or more chemical components, at
least one of which is a list I or list II chemical. See also 21 CFR
1300.02 (defining the term ``chemical mixture'').
---------------------------------------------------------------------------
Requirements for Handling List I Chemicals
The designation of P2P methyl glycidic acid as a list I chemical
subjects handlers (manufacturers, distributors, importers, and
exporters) and proposed handlers to all of the regulatory controls and
administrative, civil, and criminal sanctions applicable to the
manufacture, distribution, importing, and exporting of a list I
chemical. Upon the effective date of the final rule, persons handling
P2P methyl glycidic acid, including regulated chemical mixtures
containing P2P methyl glycidic acid, are required to comply with the
following list I chemical regulations:
1. Registration. Any person who handles (manufactures, distributes,
imports, or exports), or proposes to engage in such handling of P2P
methyl glycidic acid or a chemical mixture containing P2P methyl
glycidic acid must obtain a registration pursuant to 21 U.S.C. 822,
823, 957, and 958. Regulations describing registration for list I
chemical handlers are set forth in 21 CFR part 1309. DEA regulations
require separate registrations for manufacturing, distributing,
importing, and exporting of P2P methyl glycidic acid.\11\ Further, a
separate registration is required for each principal place of business
at one general physical location where list I chemicals are
manufactured, distributed, imported, or exported by a person.\12\
---------------------------------------------------------------------------
\11\ 21 CFR 1309.21.
\12\ 21 CFR 1309.23(a). See also 21 U.S.C. 822(e)(1) (separate
registration requirements pertaining to manufacturing or
distributing a list I chemical).
---------------------------------------------------------------------------
DEA notes that under the CSA, ``warehousemen'' are not required to
register and may lawfully possess list I chemicals, if the possession
of those chemicals is in the usual course of business or
employment.\13\ Under DEA implementing regulations, the warehouse in
question must receive the list I chemical from a DEA registrant and
shall only distribute the list I chemical back to the DEA registrant
and registered location from which it was received.\14\ A warehouse
that distributes list I chemicals to persons other than the registrant
and registered location from which they were obtained is conducting
distribution activities and is required to register as such.
---------------------------------------------------------------------------
\13\ 21 U.S.C. 822(c)(2), 957(b)(1)(B).
\14\ See 21 CFR 1309.23(b)(1).
---------------------------------------------------------------------------
Upon the effective date of this final rule, any person
manufacturing, distributing, importing, or exporting P2P methyl
glycidic acid or a chemical mixture containing P2P methyl glycidic acid
will become subject to the registration requirement under the CSA. DEA
recognizes, however, that it is not possible for persons who are
subject to the registration requirements to immediately complete and
submit an application for registration and for DEA to immediately issue
registrations for those activities. Therefore, to allow any continued
legitimate commerce in P2P methyl glycidic acid, DEA is establishing in
21 CFR 1310.09 a temporary exemption from the registration requirement
for persons desiring to engage in activities with P2P methyl glycidic
acid, provided that DEA receives a properly completed application for
registration on or before May 4, 2026. The temporary exemption for such
persons will remain in effect until DEA takes final action on their
application for registration or application for exemption of a chemical
mixture.
The temporary exemption would apply solely to the registration
requirement; all other chemical control requirements, including
recordkeeping and reporting, will become effective on the effective
date of the final rule. Therefore, all transactions of P2P methyl
glycidic acid and chemical mixtures containing P2P methyl glycidic acid
will be regulated while an application for registration or exemption is
pending. This is necessary because a delay in regulating these
transactions could result in increased diversion of chemicals desirable
to drug traffickers.
Additionally, the temporary exemption for registration does not
suspend applicable Federal criminal laws relating to P2P methyl
glycidic acid, nor does it supersede State or local laws or
regulations. All handlers of P2P methyl glycidic acid 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 submit reports to DEA with respect to P2P methyl glycidic acid
pursuant to 21 U.S.C. 830(a) and (b)(1) and (2) and in accordance with
21 CFR 1310.04 and 1310.05. Pursuant to 21 CFR 1310.04, a record must
be kept 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.\15\ Existing
standard industry reports containing the required information are
acceptable, provided the information is separate or readily retrievable
from the report.
---------------------------------------------------------------------------
\15\ 21 CFR 1310.05(d).
---------------------------------------------------------------------------
Regulated persons must comply with the CSA and its implementing
regulations requiring that each regulated person must report to DEA any
regulated transaction involving an extraordinary quantity of a listed
[[Page 16834]]
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 subchapter I of the CSA.
In addition, regulated persons must report any proposed regulated
transaction with a person whose description or other identifying
characteristics DEA 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, and any in-transit loss in
which the regulated person is the supplier.\16\
---------------------------------------------------------------------------
\16\ 21 U.S.C. 830(b); 21 CFR 1310.05(a), (b).
---------------------------------------------------------------------------
3. Importation and Exportation. All importation and exportation of
P2P methyl glycidic acid must comply with 21 U.S.C. 957, 958, and 971
and in accordance with 21 CFR part 1313.
4. Security. All applicants and registrants must provide effective
controls against theft and diversion of list I chemicals 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 allows for
administrative inspections of these controlled premises as provided in
21 CFR part 1316, subpart A.\17\
---------------------------------------------------------------------------
\17\ 21 U.S.C. 880.
---------------------------------------------------------------------------
6. Liability. Any activity involving P2P methyl glycidic acid not
authorized by, or in violation of, the CSA is unlawful, and would
subject the person to administrative, civil, and/or criminal action.
Regulatory Analyses
Executive Orders 12866, 13563, 14192, and 14294 (Regulatory Review)
This final rule was drafted and reviewed in accordance with E.O.
12866, ``Regulatory Planning and Review,'' section 1(b), Principles of
Regulation, and E.O. 13563, ``Improving Regulation and Regulatory
Review,'' section 1(b), General Principles of Regulation. DEA
scheduling actions are not subject to either E.O. 14192, Unleashing
Prosperity Through Deregulation, or E.O. 14294, Fighting
Overcriminalization in Federal Regulations.
E.O. 12866 classifies a ``significant regulatory action,''
requiring review by OMB, as any regulatory action that is likely to
result in a rule that may: (1) have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or state, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
The Office of Information and Regulatory Affairs has determined
that this rule is not a ``significant regulatory action'' under E.O.
12866, section 3(f). Accordingly, this rule was not reviewed by the
Office of Information and Regulatory Affairs.
As finalized, P2P methyl glycidic acid is subject to all of the
regulatory controls as well as the administrative, civil, and criminal
sanctions applicable to the manufacturing, distributing, importing, and
exporting of list I chemicals. P2P methyl glycidic acid is used in, and
is important to, the illicit manufacture of the schedule II-controlled
substances P2P, methamphetamine, and amphetamine.
DEA has searched information in the public domain for any
legitimate uses of this chemical. Other than the small amounts for
research, development, and laboratory analytical purposes, DEA has not
documented any industrial use for P2P methyl glycidic acid except for
it being a chemical intermediate in the production of the schedule II
substances P2P, methamphetamine, and amphetamine. Based on the review
of the established aggregate production quota for P2P (100 grams for
2024), legal conversion of P2P methyl glycidic acid to P2P in the
United States, if it takes place at all, is limited to small, gram
quantities. Therefore, DEA concludes that the vast majority of, if not
all, P2P methyl glycidic acid is used for the illicit manufacturing of
P2P, methamphetamine, and amphetamine.
DEA cannot rule out the possibility that minimal quantities of P2P
methyl glycidic acid are used for the manufacturing of legitimate P2P.
However, if there are any quantities of P2P methyl glycidic acid used
for the manufacturing of legitimate P2P, the quantities are believed to
be minimal.
DEA evaluated the costs and benefits of this action. Due to many
unknowns, DEA is unable to provide an estimated cost of this rule;
however, DEA believes the economic effects will not be significant and
will be far below the E.O. 12866 section 3(f)(1) threshold.
Costs
DEA believes the market for P2P methyl glycidic acid for the
legitimate manufacturing of pharmaceutical amphetamine or
methamphetamine is minimal. As stated above, the only use for P2P
methyl glycidic acid of which DEA is aware is as a chemical
intermediate for the manufacture of P2P, methamphetamine, and
amphetamine. Any manufacturer, distributor, importer, or exporter of
P2P methyl glycidic acid for the production of legitimate P2P,
methamphetamine, and amphetamine, if they exist at all, would incur
costs if this proposed rule were finalized. The primary costs
associated with this proposed rule would be the annual registration
fees for manufacturers ($3,699) and for distributors, importers, and
exporters ($1,850). However, any manufacturer that uses P2P methyl
glycidic acid for legitimate P2P, methamphetamine, and amphetamine
production would already be registered with DEA and have all security
and other handling processes established because of the controls
already in place on P2P, methamphetamine, and amphetamine, resulting in
minimal cost to those entities. As there are different forms of
handling the scheduled substances versus the list I chemical
(distribution of P2P, methamphetamine, and amphetamine versus exporting
P2P methyl glycidic acid), this could require a separate registration
for the different handling of the substances. If an entity is already
registered to handle, manufacture, import, or export a scheduled
substance, the entity would not need an additional registration for the
list I chemical, provided it is handling the list I chemical in the
same manner that it is registered for the scheduled substance, or as a
coincident activity permitted by 21 CFR 1309.21(c). Even with the
possibility of these additional registrations, DEA believes that the
cost would be minimal.
DEA has identified nine domestic suppliers of P2P methyl glycidic
acid. It is difficult to estimate the quantity of P2P methyl glycidic
acid these suppliers distribute. Chemical distributors often have items
in their catalog while not actually having any material level of sales.
As finalized, suppliers for the legitimate use of P2P methyl glycidic
acid, if any, are expected to choose the least-cost option, which might
include stopping the selling of minimal quantities of P2P methyl
glycidic acid, rather than incurring the registration
[[Page 16835]]
cost. Because DEA believes the quantities of P2P methyl glycidic acid
supplied for the legitimate manufacturing of P2P, methamphetamine, and
amphetamine are minimal, DEA estimates that the cost of foregone sales
is minimal; and thus, the cost of this proposed rule is minimal. DEA
requested public comments regarding this estimate, however no public
comment was received during the notice and comment period regarding the
costs to industry.
This analysis excludes consideration of any economic impact to
those businesses that facilitate the manufacture and distribution of
P2P methyl glycidic acid for the production of manufacturing illicit
P2P, methamphetamine, and amphetamine. As a law enforcement
organization and as a matter of principle, DEA believes considering the
economic utility of facilitating the manufacture of illicit P2P,
methamphetamine, and amphetamine would be improper.
Benefits
Controlling P2P methyl glycidic acid is expected to prevent,
curtail, and limit the unlawful manufacturing and distribution of the
controlled substances P2P, methamphetamine, and amphetamine. As a list
I chemical, handling of P2P methyl glycidic acid would require
registration with DEA, various controls, and monitoring as required by
the CSA. This rule is also expected to assist in preventing the
possible theft or diversion of P2P methyl glycidic acid from any
legitimate firms. DEA also believes control is necessary to prevent
unscrupulous chemists from synthesizing P2P methyl glycidic acid and
selling it (as unregulated material) through the internet and other
channels, to individuals who may wish to acquire unregulated chemical
intermediates for the purpose of manufacturing illicit P2P,
methamphetamine, and amphetamine.
In summary, DEA conducted a qualitative analysis of costs and
benefits. DEA believes this action will minimize the diversion of P2P
methyl glycidic acid. DEA believes the market for P2P methyl glycidic
acid for the legitimate manufacturing of P2P, methamphetamine, and
amphetamine is minimal. Therefore, any potential cost as a result of
this regulation is minimal.
Executive Order 12988, Civil Justice Reform
This rulemaking meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 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, Federalism
This rulemaking does not have federalism implications warranting
the application of E.O. 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, Consultation and Coordination With Indian Tribal
Governments
This rulemaking does not have tribal implications warranting the
application of E.O. 13175. This rule 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 Administrator, in accordance with the Regulatory Flexibility
Act (RFA),\18\ 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.
---------------------------------------------------------------------------
\18\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------
As discussed above, with this rulemaking, P2P methyl glycidic acid
and criminal mixtures containing P2P methyl glycidic acid are subject
to all of the regulatory controls and administrative, civil, and
criminal sanctions applicable to the manufacture, distribution,
importation, and exportation of list I chemicals. P2P methyl glycidic
acid is used in, and is important to, the illicit manufacture of the
schedule II-controlled substances P2P, methamphetamine, and
amphetamine. DEA has not identified any legitimate industrial use for
P2P methyl glycidic acid, other than its role as a chemical
intermediate in the production of P2P, methamphetamine, and
amphetamine. Based on the review of established aggregate production
quota for P2P, 100 grams for 2024, legal conversion of P2P methyl
glycidic acid in the United States, if it takes place at all, is
limited to small, gram quantities. Therefore, DEA believes the vast
majority, if not all, of P2P methyl glycidic acid is used for the
illicit manufacturing of P2P, methamphetamine, and amphetamine.
The primary costs associated with this rule is the annual
registration fees ($3,699 for manufacturers and $1,850 for
distributors, importers, and exporters), but those registration fees
are only applicable if they choose as part of their business plan to
continue to handle P2P methyl glycidic acid and that may not be
economically worthwhile if they only had been handling small amounts.
Additionally, any manufacturer that does use P2P methyl glycidic acid
for legitimate P2P, methamphetamine, and amphetamine production would
already be registered with DEA and have all security and other handling
processes in place, resulting in minimal cost.
DEA has identified nine domestic suppliers of P2P methyl glycidic
acid. It is difficult to estimate the quantity of P2P methyl glycidic
acid these suppliers distribute. Chemical distributors often have items
in their catalog while not actually having any material level of sales.
Based on the review of established aggregate production quota for P2P
(100 grams for 2024), legal conversion of P2P methyl glycidic acid to
P2P in the United States is limited to small gram quantities. DEA
believes any quantity of sales of P2P methyl glycidic acid from these
distributors for legitimate P2P manufacturing is minimal. Therefore,
DEA estimates the cost of this rule on any affected small entity is
minimal. Based on these factors, DEA projects that this rule will not
result in a significant economic impact on a substantial number of
small entities.
Unfunded Mandates Reform Act of 1995
On the basis of information contained in the RFA section above, DEA
has determined and certifies pursuant to the Unfunded Mandates Reform
Act of 1995 (UMRA), 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 annually for
inflation) in any 1 year . . . .'' Therefore, neither a Small
Government Agency Plan nor any other action is required under
provisions of UMRA.
Paperwork Reduction Act
This rule requires compliance with the following existing OMB
collections: 1117-0023 and 1117-0029. 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.
List of Subjects in 21 CFR Part 1310
Administrative practice and procedure, Drug traffic control,
Exports,
[[Page 16836]]
Imports, Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, DEA amends
21 CFR part 1310 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 21 CFR part 1310 continues to read as
follows:
Authority: 21 U.S.C. 802, 827(h), 830, 871(b), 890.
0
2. In Sec. 1310.02 add paragraph (a)(42) to read as follows:
Sec. 1310.02 Substances covered.
* * * * *
(a) * * *
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
(42) P2P methyl glycidic acid (2-methyl-3-phenyloxirane-2- 8526
carboxylic acid; BMK glycidic acid) and its esters, its
optical and geometric isomers, its salts, salts of its optical
and geometric isomers and its esters, and any combination
thereof, whenever the existence of such is possible, including
the following:
(i) Methyl ester of P2P methyl glycidic acid (methyl 2-
methyl-3-phenyloxirane-2-carboxylate; P2P methyl
glycidicate; BMK methyl glycidicate)......................
(ii) Ethyl ester of P2P methyl glycidic acid (ethyl 2-
methyl-3-phenyloxirane-2-carboxylate; P2P ethyl
glycidicate; BMK ethyl glycidicate).......................
(iii) Propyl ester of P2P methyl glycidic acid (propyl 2-
methyl-3-phenyloxirane-2-carboxylate; P2P propyl
glycidicate; BMK propyl glycidicate)......................
(iv) Isopropyl ester of P2P methyl glycidic acid (isopropyl
2-methyl-3-phenyloxirane-2-carboxylate; P2P isopropyl
glycidicate; BMK isopropyl glycidicate)...................
(v) Butyl ester of P2P methyl glycidic acid (butyl 2-methyl-
3-phenyloxirane-2-carboxylate; P2P butyl glycidicate; BMK
butyl glycidicate)........................................
(vi) Isobutyl ester of P2P methyl glycidic acid (isobutyl 2-
methyl-3-phenyloxirane-2-carboxylate; P2P isobutyl
glycidicate; BMK isobutyl glycidicate)....................
(vii) sec-Butyl ester of P2P methyl glycidic acid (sec-
butyl 2-methyl-3-phenyloxirane-2-carboxylate; P2P sec-
butyl glycidicate; BMK sec-butyl glycidicate..............
(viii) tert-Butyl ester of P2P methyl glycidic acid (tert-
butyl 2-methyl-3-phenyloxirane-2-carboxylate; P2P tert-
butyl glycidicate; BMK tert-butyl glycidicate.............
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 1310.04:
0
a. Redesignate paragraphs (g)(1)(xvi) through (xxi) as paragraphs
(g)(1)(xvii) through (xxii), respectively; and
0
b. Add new paragraph (g)(1)(xvi).
The addition reads as follows:
Sec. 1310.04 Maintenance of records.
* * * * *
(g) * * *
(1) * * *
(xvi) P2P methyl glycidic acid (2-methyl-3-phenyloxirane-2-
carboxylic acid; BMK glycidic acid) and its esters, its optical and
geometric isomers, its salts, salts of its optical and geometric
isomers and its esters, and any combination thereof, whenever the
existence of such is possible
* * * * *
0
4. Amend Sec. 1310.09 by adding new paragraph (u) to read as follows:
Sec. 1310.09 Temporary exemption from registration.
* * * * *
(u)(1) Each person required under 21 U.S.C. 822 and 957 to obtain a
registration to manufacture, distribute, import, or export P2P methyl
glycidic acid (2-methyl-3-phenyloxirane-2-carboxylic acid; also known
as BMK glycidic acid) and its esters, its optical and geometric
isomers, its salts, salts of its optical and geometric isomers and its
esters, and any combination thereof, whenever the existence of such is
possible, including regulated chemical mixtures pursuant to Sec.
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 P2P methyl glycidic acid pursuant to Sec. 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 P2P methyl glycidic acid (2-methyl-3-
phenyloxirane-2-carboxylic acid; BMK glycidic acid) and its esters, its
optical and geometric isomers, its salts, salts of its optical and
geometric isomers and its esters, and any combination thereof, whenever
the existence of such is possible, 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.
* * * * *
0
5. In Sec. 1310.12, the Table of Concentration Limits in paragraph (c)
is amended by adding an entry for ``P2P methyl glycidic acid (2-methyl-
3-phenyloxirane-2-carboxylic acid; BMK glycidic acid) and its esters,
its optical and geometric isomers, its salts, salts of its optical and
geometric isomers and its esters, and any combination thereof, whenever
the existence of such is possible'' in alphabetical order to read as
follows:
Sec. 1310.12 Exempt chemical mixtures.
* * * * *
(c) * * *
[[Page 16837]]
Table of Concentration Limits
----------------------------------------------------------------------------------------------------------------
DEA chemical
code No. Concentration Special conditions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
P2P methyl glycidic acid (2-methyl-3- 8526 Not exempt at any Chemical mixtures
phenyloxirane-2-carboxylic acid; BMK concentration. containing any amount of
glycidic acid) and its esters, its P2P methyl glycidic acid
optical and geometric isomers, its are not exempt.
salts, salts of its optical and
geometric isomers and its esters, and
any combination thereof, whenever the
existence of such is possible.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Signing Authority
This document of the Drug Enforcement Administration was signed on
March 28, 2026, by Assistant Administrator Cheri Oz. That document with
the original signature and date is maintained by DEA. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DEA Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of DEA. This administrative process in no way alters the legal effect
of this document upon publication in the Federal Register.
Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2026-06523 Filed 4-2-26; 8:45 am]
BILLING CODE 4410-09-P
</pre></body>
</html>Indexed from Federal Register on April 3, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.