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Federal
Register Notices > Rules
- 2001 > Control of Red Phosphorus,
White Phosphorus and Hypophosphorous Acid (and its salts) as List I
Chemicals
[Federal Register: October 17, 2001 (Volume 66,
Number 201)]
[Rules and Regulations]
[Page 52670-52675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc01-3]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21
CFR Parts 1309 and 1310
[DEA Number 198F1]
RIN 1117-AA57
Control of Red Phosphorus, White Phosphorus and
Hypophosphorous Acid (and its salts) as List I Chemicals
AGENCY: Drug Enforcement Administration
(DEA), Justice.
ACTION: Final Rule with request for
comments.
SUMMARY: This rulemaking finalizes a
September 25, 2000 Notice of Proposed Rulemaking (65 FR 57577) in which
DEA proposed the addition of red phosphorus, white phosphorus (also
known as yellow phosphorus) and hypophosphorous acid (and its salts) as
List I chemicals. This action is being taken because of the use and
importance of these chemicals in the illicit manufacture of
methamphetamine (a Schedule II controlled substance).
As List I chemicals, handlers of these materials
will be subject to CSA chemical regulatory controls including
registration, recordkeeping, reporting, and import/export requirements.
The Drug Enforcement Administration (DEA) has determined that these
controls are necessary to prevent the diversion of these chemicals to
clandestine drug laboratories.
Given the small quantities of these chemicals
necessary for the production of methamphetamine, no threshold is being
established for domestic and international transactions. As such, all
transactions (regardless of size) shall be considered regulated
transactions, subject to recordkeeping, reporting and/
[[Page 52671]]
or import/export notification requirements.
DATES: Effective Date: This final
rule is effective November 16, 2001. Comment date: Written comments on 21
CFR 1309.29(b), 1309.29(c) and 1310.09(d)
must be submitted on or before November 16, 2001.
ADDRESSES: Comments should be submitted to
the Administrator, Drug Enforcement Administration, Washington, DC
20537, Attention: DEA Federal Register Representative/CCR.
FOR FURTHER INFORMATION CONTACT: Frank L.
Sapienza, Chief, Drug and Chemical Evaluation Section, Office of
Diversion Control, Drug Enforcement Administration, Washington, DC 20537
at (202) 307-7183.
SUPPLEMENTARY INFORMATION:
What Is the Purpose of This Notice?
The Controlled Substances Act (CSA) and its
implementing regulations, specifically 21
U.S.C. 802(34) and 21
CFR 1310.02(c), provide the Attorney General with the authority to
specify, by regulation, additional chemicals as "List I'' chemicals if
they are used in the manufacture of a controlled substance in violation
of the CSA and are important to the manufacture of the controlled
substance. This authority has been delegated to the Administrator of DEA
by 28 CFR 0.100.
What Specific Chemicals Does This Regulation
Include? What Related Chemicals Will Not Be Subject to This Control
Action?
Phosphorus is a nonmetallic element that can occur
in three main allotropic (i.e. crystalline) forms (white, red and
black). Elemental phosphorus is derived from phosphate rock. The most
abundant variety produced is white phosphorus (also known as yellow
phosphorus). Most other forms of phosphorus and phosphorus chemicals are
produced from white phosphorus.
The second crystalline form is red phosphorus. Red
phosphorus is usually prepared as a powder and is more stable and less
toxic than the white form. A black crystalline form of phosphorus is
also occasionally made and is similar to graphite in its physical,
thermal and electrical properties.
The white and red forms of elemental phosphorus
are being designated as List I chemicals. Black phosphorus and phosphate
rock will not be affected by this action.
Additionally, DEA is adding hypophosphorous acid
and its salts as List I chemicals. While hypophosphorous acid (H3PO2)
is most commonly sold as 10%, 30% or 50% solutions, control will apply
to all aqueous dilutions of hypophosphorous acid. Salts of
hypophosphorous acid are known as hypophosphite salts. These salts are
also being designated as List I chemicals. Examples of these salts
include: Ammonium hypophosphite, calcium hypophosphite, iron
hypophosphite, potassium hypophosphite, manganese hypophosphite,
magnesium hypophosphite and sodium hypophosphite.
Why Does DEA Believe That Control of Red
Phosphorus, White Phosphorus, and Hypophosphorous Acid (and its Salts)
Is Necessary?
DEA has identified these chemicals as being used
in the illicit production of methamphetamine. The public health
consequences of the manufacture, trafficking, and abuse of
methamphetamine are well known and documented. The September 25, 2000
NPRM (65 FR 57577) demonstrated how the chemistry and illicit use of
these chemicals make them important to the manufacture of
methamphetamine and therefore meet the definition of List I chemicals.
Hence, this rulemaking makes these chemicals subject to CSA regulatory
controls for List I chemicals, including registration, recordkeeping,
reporting, and import/export requirements as specified in 21
CFR parts 1309, 1310
and 1313. DEA believes
that these regulatory controls are needed to prevent the diversion of
these phosphorus chemicals to clandestine laboratories.
What Regulatory Controls Will Apply to These
Chemicals?
As List I chemicals, red phosphorus, white
phosphorus, and hypophosphorous acid and its salts will be subject to
the chemical regulatory control provisions and civil and criminal
sanctions of the CSA. As such, recordkeeping, reporting and
import/export notification requirements (as described in 21
CFR parts 1310 and 1313)
shall apply. Manufacturers, distributors, importers and exporters of
white phosphorus, red phosphorus and hypophosphorous acid (and its
salts) will be required to register with DEA pursuant to the provisions
of 21 CFR part 1309.
Handlers of these chemicals will also be required
to maintain records and meet CSA import/export notification requirements
for "regulated transactions'' of these chemicals. The CSA (21
U.S.C. 802(39)) defines the term "regulated transaction'' as a "distribution,
receipt, sale, importation, or exportation of, or an international
transaction involving the shipment of, a listed chemical, or if the
Attorney General establishes a threshold amount for a specific listed
chemical, a transaction involving a threshold amount''. The CSA,
therefore, provides the Attorney General with authority to establish a
threshold amount for "listed chemicals'' if the Attorney General so
elects. This rulemaking does not establish a threshold for red
phosphorus, white phosphorus or hypophosphorous acid (and its salts).
Therefore, all transactions regardless of size will be considered "regulated
transactions''.
DEA has endeavored, within this rulemaking, to
limit the impact of these regulations on the affected industry. In some
instances, as discussed below in the responses to specific comments
(e.g., separate registration for separate locations) the specific
language of the CSA established the parameters of control. However, in
other areas, DEA has been able to take additional steps in these final
regulations to lessen the impact of these regulatory requirements on the
affected industry, while simultaneously carrying out DEA's mandate of
preventing diversion of these chemicals.
When Will These Regulatory Requirements Become
Effective?
Effective November 16, 2001, any person
distributing, importing, or exporting any of these listed chemicals will
become subject to the registration requirement under the CSA. DEA
recognizes, however, that it is not possible for persons who distribute,
import, or export any of these listed chemicals to immediately complete
and submit an application for registration and for DEA to immediately
issue registrations for those activities. Therefore, in order to allow
continued legitimate commerce in these listed chemicals, DEA is
establishing in 21 CFR
1310.09 a temporary exemption from the registration requirement for
persons desiring to distribute, import, or export red phosphorus, white
phosphorus and hypophosphorous acid (and its salts), provided that DEA
receives a properly completed application for registration on or before
December 17, 2001. The temporary exemption for such persons will remain
in effect until DEA takes final action on their application for
registration. The temporary exemption applies solely to the registration
requirement; all other chemical control requirements, including
recordkeeping and reporting, are effective on November 16. 2001.
Additionally, the temporary exemption does not suspend applicable
Federal
[[Page 52672]]
criminal laws relating to these listed chemicals,
nor does it supersede state or local laws or regulations. All handlers
of the listed chemicals must comply with applicable state and local
requirements in addition to the CSA regulatory controls.
Comments
DEA received eight comments in response to the
NPRM. While the general tone of the comments was supportive of efforts
to prevent the flow of listed chemicals to clandestine laboratories, the
commentors raised a number of concerns regarding certain provisions of
the proposed regulation.
Registration
- Four commentors expressed concerns regarding
the registration requirement for handlers of List I chemicals. These
commentors requested clarification as to the need for the List I
registration requirement and expressed the belief that List II
controls would be adequate to address the diversion problem.
DEA strongly believes that given the nature of the
diversion of red phosphorus, white phosphorus and hypophosphorous acid
(and its salts), the registration requirement is necessary in order to
effectively prevent diversion. While neither DEA nor any commentors
identified any household uses for any of these chemicals, they have been
widely distributed by firms engaged primarily in retail sales to the
general public.
The CSA requires persons who distribute, import or
export a List I chemical to obtain a registration and requires that DEA
determine if such registration would be in the public interest pursuant
to the criteria set forth in 21
U.S.C. 823(h). Each registration applicant would be subject to a
separate pre-registration investigation that would require, among other
things, a visit to the applicant's place of business and a determination
as to whether the criteria regarding public interest are met. DEA will
closely scrutinize each registration applicant to ensure that only those
who distribute these chemicals for legitimate purposes become and remain
registered.
DEA has also noted that these chemicals have
commonly been sold via the Internet to the general public. DEA has
strong concerns regarding the sale of these chemicals via such means.
DEA believes that those Internet sites which choose not to prohibit the
sales of such items should, at a minimum, require sellers to provide
proof of DEA registration prior to listing such items for sale. The
registration requirement is essential to identify rogue distributors and
eliminate the ability of firms to illegally distribute these chemicals.
- Two commentors stated that the List I
registration requirement would place a significant burden on
industry. One of these commentors, a major national trade
association, stated that it had identified six member firms which
distribute hypophosphorous acid (and its salts). The commentor
further stated that two of these members have between 22 and 30
facilities and expressed concerns regarding the need to register
each location. One additional commentor objected to the requirement
that a separate registration be obtained at each location at which
List I chemicals activities are carried out. The commentor suggested
that DEA allow companies to obtain a single registration, with
attendant fee, for multiple locations.
The law, however, is specific on this point. The
Domestic Chemical Diversion Control Act of 1993 (Pub. L. 103-200)
requires that a separate registration be obtained at each location at
which the List I chemicals are distributed, imported or exported (21
U.S.C. 822(e) and 958(h).
- The previously-mentioned trade association also
expressed concerns that if a firm handles multiple phosphorus
chemicals, then they must obtain multiple registrations. However,
DEA wishes to emphasize that registration is by individual location
(and not by chemicals handled). Only one registration is required
for a firm which handles multiple listed chemicals at a single
location.
Furthermore, there is the likelihood that chemical
distributors represented by this trade association are already
registered with DEA since they may already handle other listed
chemicals. Therefore these firms would not be required to obtain a new
registration, and instead, would only be required to add additional
chemicals to their existing registration. No additional fees are
required to make such additions.
Additionally, DEA is attempting to reduce the
financial burden of registration. On December 1, 1999, DEA published a
Notice of Proposed Rulemaking (64 FR 67216) which proposed a reduction
in application fees for registration and reregistration of
manufacturers, distributors importers and exporters of list I chemicals.
DEA proposed a registration fee of $326 and re-registration fee of $171.
Importer Issues
- Two commentors requested clarification
regarding the registration of importers which distribute List I
chemicals. These commentors inquired as to whether multiple
registrations are required for importers which distribute. Pursuant
to 21 CFR 1309.22(b),
"a person registered to import any List I chemical shall be
authorized to distribute that List I chemical after importation, but
no other chemical that the person is not registered to import.''
Therefore, an importer is not required to obtain multiple
registrations to distribute a List I chemical, as long as the only
List I chemical distributed is imported material for which the
person is a registered importer.
Chemical Mixtures
- One commentor stated that its red phosphorus is
distributed in a thermoplastic encapsulated form and requested that
such mixtures be exempted. It is apparent to DEA that such material
is considered a "chemical mixture''. Chemical mixtures are currently
exempt from regulatory provisions of the CSA such as recordkeeping,
registration and import/export requirements. On September 16, 1998
(63 FR 49506) DEA proposed regulations pertaining to the regulation
of mixtures containing any of 34 listed chemicals. That notice
proposed criteria for the determination of whether a chemical
mixture shall qualify for automatic exemption from CSA regulatory
controls. The NPRM was published to implement CSA requirements that
only those chemical mixtures identified by regulation be exempt from
applicable regulatory controls. Additionally, the NPRM defined an
application process by which manufacturers may apply for an
exemption for chemical mixtures that do not qualify for automatic
exemption.
Upon publication of this Final Notice, red
phosphorus, white phosphorus and hypophosphorous acid (and its salts)
shall be subject to CSA chemical regulatory controls. However, chemical
mixtures containing these chemicals shall remain exempt until such time
as DEA proposes and finalizes regulations for chemical mixtures
containing these chemicals. At such time, the manufacturer of chemical
mixtures containing these chemicals may either qualify for automatic
exemption, or may apply to DEA for exemption after documenting why the
mixtures can not be easily used in the manufacture of a controlled
substance and the listed chemical can not be readily extracted.
Threshold Issues
- One commentor suggested that the zero threshold
would place an undue burden on the company and its customers in the
research community. The commentor stated that the Special
[[Page 52673]]
Surveillance List controls should be adequate to
prevent diversion.
The Special Surveillance List chemicals are
subject to civil penalties for the distribution of a "laboratory
supply'' with "reckless disregard'' for the intended purpose. Red
phosphorus and hypophosphorous acid have been on the Special
Surveillance List since its initial publication on May 13, 1999.
DEA has determined that these civil penalty
provisions alone are not adequate to prevent illicit use of these
chemicals and the unregulated sale to the general public continues to be
a source of diversion. DEA has concluded that these chemicals should be
subject to registration, recordkeeping, reporting and import/export
notification requirements of the CSA. As noted in the NPRM, these
chemicals are used as catalysts in the illicit synthesis of
methamphetamine. As such, the manufacture of methamphetamine requires
only small quantities of these chemicals. DEA has evidence that
indicates that small transactions are
being diverted for illicit use. Therefore, no threshold is being
established for domestic and international transactions. Consequently,
all transactions involving these chemicals, regardless of size, shall be
regulated.
End Users
- Two commentors requested clarification
regarding the term "chemical handler'' and the potential
applicability of this regulation on end-users which utilize red
phosphorus in their production processes. These commentors expressed
concerns that an end-user may become subject to regulatory
requirements because of distribution of excess material off-site for
disposal purposes or because of the transfer of stock from one
company location to another.
Under the proposed regulations, distributions of
red phosphorus, white phosphorus and/or hypophosphorous acid (and its
salts) for the purpose of disposal would be considered regulated
transactions subject to all CSA chemical regulatory requirements
including registration, recordkeeping and reporting. Additionally, the
transfer of stock from one company location to another would require the
registration of each location.
However, in order to reduce any burden on
end-users of these chemicals, DEA is waiving the registration
requirement for any person whose activities with respect to List I
chemicals are limited to the distribution of red phosphorus, white
phosphorus, or hypophosphorous acid (and its salts) to: another location
operated by the same firm solely for internal end-use; or an EPA or
State licensed waste treatment or disposal firm for the purpose of waste
disposal.
This waiver of registration as it pertains to
distributions for waste disposal applies only to the registration
requirement and all other CSA chemical regulatory controls such as
recordkeeping and reporting will still apply. It is likely, however,
that the CSA recordkeeping requirements are already being met as part of
normal business practice. For phosphorus, compliance with EPA and DOT
regulations should document such distributions. Hypophosphorous acid
shipments should be documented, but shipments of the hypophosphites may
not be. Nonetheless, it is likely that chemical handlers already
maintain records of shipments and customers even if shipping papers are
not required.
21 U.S.C.
822(d) provides that the Attorney General may, by regulation, waive
the requirement of registration of certain manufacturers, distributors
or dispensers, if consistent with the public health and safety. DEA is
therefore modifying 21 CFR
1309.29 to provide that "The requirement of registration is waived
for any person whose activities with respect to List I chemicals are
limited to the distribution of red phosphorus, white phosphorus, or
hypophosphorous acid (and its salts) to: Another location operated by
the same firm solely for internal end-use; or an EPA or State licensed
waste treatment or disposal firm for the purpose of waste disposal''.
Large Transactions
- Two producers of elemental phosphorus requested
that large transactions be exempted when shipped in reusable
containers with capacities of 2500 or 2800 gallons. These commentors
stated that these bulk containers are exclusively rail cars or large
isotainers specially designed to enable safe transport.
After unloading, the bulk containers are shipped
back to the producers (filled with water for safety reasons due to the
remaining phosphorus in the container) for reuse. Therefore, the
commentors expressed concerns that their other sites and customers would
possibly be subject to recordkeeping and registration requirements due
to the return shipments.
The commentors further stated that "safeguards
already include recordkeeping, incident reporting, tamper-detection,
sealed valves, and use of bulk reusable containers''. The commentors
believe that "registering and tracking these types of shipments back and
forth with DEA would provide no additional benefit and would impose an
undue burden on DEA, our operations and our customers.''
DEA agrees that return shipments should not be
impacted by this regulation. DEA also recognizes the difficulty in
quantifying the residual amounts of red and white phosphorus contained
in these rail cars and isotainers. The CSA authorizes DEA, pursuant to 21
U.S.C. 802(39)(A)(iii), to remove certain transactions in listed
chemicals from the definition of regulated transaction. Therefore DEA is
excluding from the definition of regulated transaction (21
CFR 1310.08(j)), domestic transactions involving red phosphorus and
white phosphorus which are return shipments (from customer to producer)
in rail cars and isotainers with capacities greater than or equal to
2500 gallons. As such, these return shipment transactions will not
require recordkeeping. Additionally, DEA is waiving the registration
requirement pursuant to 21
CFR 1309.29(c) for any person whose distribution of red phosphorus
or white phosphorus is limited solely to residual quantities of chemical
returned to the producer in reusable rail cars and isotainers (with
capacities greater than or equal to 2500 gallons in a single container).
This exemption and waiver, however, pertain only
to these return shipments. Manufacturers shall still be subject to
registration, recordkeeping, reporting and other CSA chemical regulatory
requirements pertaining to the production and distribution of listed
chemicals to their customers. The customers will not be subject to
registration or recordkeeping requirements for the return of reusable
containers to the producer. However, should these customers
re-distribute any of the received material (other than the return of
reusable containers to the producer), they shall be subject to all CSA
chemical regulatory requirements.
Since the two commentors noted that they already
maintain records of these transactions, it is likely that normal
business records are adequate to meet CSA recordkeeping requirements. 21
CFR 1310.06(b) provides that normal business records shall be
considered adequate, provided they contain information described in §
1310.06(a) and are readily retrievable from other business records.
These records can be those already required by other Federal, state and
local regulatory agencies.
Because the above exemption was not discussed in
the NPRM published on September 25, 2000, DEA requests
[[Page 52674]]
public comment with respect to this exemption.
Interim Rule With Request for Comments
This final rule will establish on an interim
basis, an exclusion from the definition of regulated transaction for
domestic transactions involving red phosphorus and white phosphorus
which are return shipments (from customer to producer) in rail cars and
isotainers with capacities greater than or equal to 2500 gallons. This
final rule will also establish, on an interim basis, a waiver from the
registration requirement for such activity. Additionally, this final
rule will establish on an interim basis, a waiver from the registration
requirement for any person whose activities with respect to List I
chemicals are limited to the distribution of red phosphorus, white
phosphorus, or hypophosphorous acid (and its salts) to: another location
operated by the same firm solely for internal end-use; or an EPA or
State licensed waste treatment or disposal firm for the purpose of waste
disposal.
DEA is soliciting comments only on those portions
of this Final Rule pertaining to these specific issues. DEA will allow
30 days for persons to comment on the exclusion and waivers. DEA will
accept comments until November 16, 2001. After the close of this comment
period, DEA will publish a final rule in the Federal Register to inform
interested parties if changes are needed or if the exclusion and waivers
will be adopted as stated.
DEA became aware of these issues via comments
received in response to the September 25, 2000 NPRM (65 FR 57577). Since
that Notice did not propose the exclusion and waivers, the general
public did not have an opportunity to comment on these issues.
DEA has determined that good cause exists under
the Administrative Procedure Act (5 U.S.C. 553 et seq.) (APA) to forgo a
Notice of Proposed Rulemaking for the exclusion and waivers. The APA
states that an agency may forgo a NPRM if it is impracticable,
unnecessary, or contrary to the public interest. To avoid unnecessary or
temporary burdens on affected companies during the pendency of
proceedings in this matter, DEA will include as part of this rulemaking
an interim rule, with request for comments regarding these issues.
Certifications
This regulation is not considered to have an
impact upon a substantial number of firms, given the limited
distribution of these three chemicals. The Administrator hereby
certifies that this rulemaking has been drafted in a manner consistent
with the principles of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). It will not have a significant economic impact on a substantial
number of small business entities.
The Administrator further certifies that this
rulemaking has been drafted in accordance with the principles in
Executive Order 12866 section 1(b). DEA has determined that this is not
a significant rulemaking action. Therefore, this action has not been
reviewed by the Office of Management and Budget.
This regulation meets the applicable standards set
forth in sections 3(a) and 3(b)(2) of Executive Order 12988.
This rulemaking does not preempt or modify any
provision of state law; nor does it impose enforcement responsibilities
on any state; nor does it diminish the power of any state to enforce its
own laws. Accordingly, this rulemaking does not have federalism
implications warranting the application of Executive Order 13132.
This rule will not result in the expenditure by
state, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more in any one year, and will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
This rule is not a major rule as defined by
Section 804 of the Small Business Regulatory Enforcement Fairness Act of
1996. This rule will not result in an annual effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and export
markets.
The Drug Enforcement Administration makes every
effort to write clearly. If you have suggestions as to how to improve
the clarity of this regulation, call or write Patricia M. Good, Chief,
Liaison and Policy Section, Office of Diversion Control, Drug
Enforcement Administration, Washington, DC 20537, telephone (202)
307-7297.
List of Subjects
21 CFR
Part 1309
Administrative practice and procedure, Drug
traffic control, List I and List II chemicals, Reporting and
recordkeeping requirements.
21 CFR
Part 1310
Drug traffic control, Reporting and recordkeeping
requirements.
For reasons set out above, 21
CFR part 1309 and 1310
are amended as follows:
PART
1309--[AMENDED]
- The authority citation for part 1309 continues
to read as follows:
Authority: 21
U.S.C. 821, 822, 823,
824, 830,
871(b), 875,
877, 958.
- Section 1309.29 is revised to read as follows:
1309.29
Waiver of registration requirement for certain activities.
- The requirement of registration is waived for
any retail distributor whose activities with respect to List I
chemicals are restricted to the distribution of below-threshold
quantities of a drug product that contains a List I chemical that is
regulated pursuant to §
1300.02(b)(28)(i)(D) of this chapter to an individual for
legitimate medical use.
- The requirement of registration is waived for
any person whose activities with respect to List I chemicals are
limited to the distribution of red phosphorus, white phosphorus, or
hypophosphorous acid (and its salts) to: Another location operated
by the same firm solely for internal end-use; or an EPA or State
licensed waste treatment or disposal firm for the purpose of waste
disposal.
- The requirement of registration is waived for
any person whose distribution of red phosphorus or white phosphorus
is limited solely to residual quantities of chemical returned to the
producer, in reusable rail cars and isotainers (with capacities
greater than or equal to 2500 gallons in a single container).
- If any person exempted under paragraph (b) or
(c) of this section also engages in the distribution, importation or
exportation of a List I chemical, other than as described in such
paragraph, the person shall obtain a registration for such
activities, as required by §
1309.21 of this part.
- The Administrator may, upon finding that
continuation of the waiver would not be in the public interest,
suspend or revoke a waiver granted under paragraph (b) or (c) of
this section pursuant to the procedures set forth in §§
1309.43 through 1309.46 and 1309.51 through 1309.57 of this
part.
- Any person exempted from the registration
requirement under this section shall comply with the security
[[Page 52675]]
requirements set forth in §§
1309.71-1309.73 of this part and the recordkeeping and reporting
requirements set forth under parts 1310
and 1313 of this
chapter.
PART
1310--[AMENDED]
- The authority citation for part 1310 continues
to read as follows:
Authority: 21
U.S.C. 802, 830, 871(b).
- Section 1310.02
is amended by adding new paragraphs (a)(25) through (27) to read as
follows:
§
1310.02 Substances covered.
*
*
*
* *
- * * *
| (25) |
Red phosphorus |
6795 |
| (26) |
White
phosphorus (Other names: Yellow Phosphorus) |
6796 |
| (27) |
Hypophosphorous acid and its salts (Including ammonium
hypophosphite, calcium
hypophosphite, iron
hypophosphite, potassium
hypophosphite, manganese
hypophosphite, magnesium
hypophosphite and
sodium
hypophosphite) |
6797 |
*
*
*
* *
- Section 1310.04
is amended by adding new paragraphs (g)(1)(ii) through (g)(1)(iv) to
read as follows:
§
1310.04 Maintenance of records.
*
*
*
* *
- *
* *
- * *
- Red phosphorus
- White phosphorus (Other names: Yellow
Phosphorus)
- Hypophosphorous acid and its salts
- Section 1310.08
is amended by adding a new paragraph (j) to read as follows:
§
1310.08 Excluded transactions.
*
*
*
* *
- Domestic return shipments of reusable
containers from customer to producer containing residual red
phosphorus or white phosphorus in isotainers and rail cars with
capacities greater than or equal to 2500 gallons (in a single
container).
- Section 1310.09
is amended by adding a new paragraph (d) to read as follows:
§
1310.09 Temporary exemption from registration.
*
*
*
* *
- Each person required by section 302 of the Act
(21 U.S.C. 822) to obtain
a registration to distribute, import, or export the List I chemicals
red phosphorus, white phosphorus, and hypophosphorous acid (and its
salts), is temporarily exempted from the registration requirement,
provided that the person submits a proper application for
registration on or before December 17, 2001. The exemption will
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 parts 1309,
1310, and 1313
of this chapter remain in full force and effect.
Dated: October 5, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26013 Filed 10-16-01; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
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