[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]


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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.

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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