[Federal Register Volume 64, Number 180 (Friday, September 17, 1999)]
[Notices]
[Pages 50541-50542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24103]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[DEA-172C]
Special Surveillance List of Chemicals, Products, Materials and
Equipment Used in the Clandestine Production of Controlled Substances
or Listed Chemicals; Correction
AGENCY: Drug Enforcement Administration (DEA), Justice.
ACTION: Correction to Final Notice.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final notice (DEA-
172N), published Thursday, May 13, 1999 (64 FR 25910). That final
notice contained the list of ``laboratory supplies'' which constitutes
the Special Surveillance List that was required to be published by the
Attorney General pursuant to Title 21, United States Code, Section
842(a).
EFFECTIVE DATE: September 17, 1999.
FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and
Chemical Evaluation Section, Office of Diversion Control, Drug
Enforcement Administration, Washington, DC 20537, Telephone (202) 307-
7183.
SUPPLEMENTARY INFORMATION:
Background
The notice that is the subject of this correction, implements
provisions of the Comprehensive Methamphetamine Control Act of 1996
(MCA) which was signed into law on October 3, 1996. The MCA provides
for a civil penalty of not more than $250,000 for the distribution of a
laboratory supply to a person who uses, or attempts to use, that
laboratory supply to manufacture a controlled substance or a listed
chemical, if that distribution was made with reckless disregard for the
illegal uses to which such laboratory supply will be put. The term
``laboratory supply'' is defined as ``a listed chemical or any
chemical, substance or item on a Special Surveillance List published by
the Attorney General which contains chemicals, products, materials, or
equipment used in the manufacture of controlled substances and listed
chemicals.'' As required by the MCA, DEA published this Special
Surveillance List on May 13, 1999.
Need for Correction
As published, the final notice erroneously indicated that the
Special Surveillance List includes all listed chemicals ``as specified
in 21 CFR 1310.02(a) or (b).'' This citation was in error and should
have read ``as specified in 21 CFR 1310.02(a) or (b) or 21 U.S.C. 802
(34) or (35).''
Additionally, the final notice incorrectly stated that ``it advises
individuals and firms that civil penalties may be imposed on them if
they distribute a laboratory supply to a person anytime after a two
week period following receipt of written notification by the Attorney
General that the person has used, attempted to use, or distributed the
laboratory supply further for the unlawful production of controlled
substances or listed chemicals.''
In fact, the MCA does not require that the Attorney General issue a
written notification in order to impose civil penalties for the
distribution of a laboratory supply to persons who use, attempt to use
or distribute the laboratory supply for the unlawful production of
controlled substances or listed chemicals, if that distribution was
made with ``reckless disregard'' for the illegal uses to which the
laboratory supply would be put.
The two week notification period, referenced in the final notice,
pertains to the MCA provision of ``rebuttable presumption of reckless
disregard''. Specifically, if the Attorney General issues a written
notification that a laboratory supply sold by the firm has been used by
a customer (or distributed further by that customer) for the unlawful
production of controlled substances or listed chemicals, then there is
a ``rebuttable presumption of reckless disregard'' at trial, if the
notified firm distributes a laboratory supply to the customer two weeks
or more after the notification.
This correction is therefore being published to clarify MCA
provisions applicable to the Special Surveillance List.
Correction of Publication
Accordingly, the publication on May 13, 1999 of the final notice
(DEA-172-N), which was the subject of FR Doc. 99-12037, is corrected as
follows:
1. On page 25911, in the third column, in the first paragraph under
the heading ``Special Surveillance List Published Pursuant to Title 21,
United States Code, Section 842(a)(11)'', subheading ``Chemicals'', the
text is corrected to read as follows:
All listed chemicals as specified in 21 CFR Sec. 1310.02 (a) or
(b) or 21 U.S.C. Sec. 802 (34) or (35). This includes all chemical
mixtures and all over-the-counter (OTC) products and dietary
supplements which contain a listed chemical, regardless of their
dosage form or packaging and regardless of whether the chemical
mixture, drug product or dietary supplement is exempt from
regulatory controls.
Ammonia Gas
Ammonium Formate
Bromobenzene
1, 1-Carbonyldiimidazole
Cyclohexanone
1, 1-Dichloro-1-fluoroethane (e.g. Freon 141B)
Diethylamine and its salts
2, 5-Dimethoxyphenethylamine and its salts
Formamide
Formic Acid
Hypophosphorous Acid
Lithium Metal
Lithium Aluminum Hydride
Magnesium Metal (Turnings)
Mercuric Chloride
N-Methylformamide
Organomagnesium Halides (Grignard Reagents) e.g. ethylmagnesium
bromide and phenylmagnesium bromide)
Phenylethanolamine and its salts
Phosphorus Pentachloride
Potassium Dichromate
Pyridine and its salts
Red Phosphorus
Sodium Dichromate
Sodium Metal
Thionyl Chloride
ortho-Toluidine
Trichloromonofluoromethane (e.g. Freon-11, Carrene-2)
Trichlorotrifluoroethane (e.g. Freon 113)
Equipment
Hydrogenators
Tableting Machines
Encapsulating Machines
22 Liter Heating Mantels
2. On page 25912, in the first column, under the heading, ``Small
Business Impact and Regulatory Flexibility Concerns'', the second
paragraph is corrected to read as follows:
This notice serves two purposes. First, it informs individuals and
firms of the potential use of items on the list for the production of
listed chemicals and
[[Page 50542]]
illicit drugs. Second, it advises individuals and firms that civil
penalties may be imposed on them if they distribute a laboratory supply
to a person who uses or attempts to use, that laboratory supply to
manufacture a controlled substance or a listed chemical, if that
distribution was made with ``reckless disregard'' for the illegal uses
to which such laboratory supply would be put. Moreover, there is a
``rebuttable presumption of reckless disregard at trial if the Attorney
General notifies a firm in writing that a laboratory supply sold by the
firm, or any other person or firm, has been used by a customer of the
notified firm, or distributed further by that customer, for the
unlawful production of controlled substances or listed chemicals a firm
distributes and two weeks or more after the notification the notified
firm distributes a laboratory supply to the customer.
Dated: September 7, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-24103 Filed 9-16-99; 8:45 am]
BILLING CODE 4410-09-M
