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Notices - 1999

[Federal Register: September 17, 1999 (Volume 64, Number 180)] [Notices] [Page 50541-50542] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17se99-94]


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

  1. 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: 

    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

 

NOTICE: This is an unofficial version. An official version of this publication may be obtained directly from the Government Printing Office (GPO).

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