[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Rules and Regulations]
[Pages 52670-52675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26013]
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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.
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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
1. 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.
2. 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).
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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 Sec. 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]
1. 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.
2. Section 1309.29 is revised to read as follows:
1309.29 Waiver of registration requirement for certain activities.
(a) 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
Sec. 1300.02(b)(28)(i)(D) of this chapter to an individual for
legitimate medical use.
(b) 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.
(c) 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).
(d) 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
Sec. 1309.21 of this part.
(e) 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 Secs. 1309.43 through 1309.46 and 1309.51
through 1309.57 of this part.
(f) Any person exempted from the registration requirement under
this section shall comply with the security
[[Page 52675]]
requirements set forth in Secs. 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]
1. The authority citation for part 1310 continues to read as
follows:
Authority: 21 U.S.C. 802, 830, 871(b).
2. Section 1310.02 is amended by adding new paragraphs (a)(25)
through (27) to read as follows:
Sec. 1310.02 Substances covered.
* * * * *
(a) * * *
(25) Red phosphorus.............................................. 6795
(26) White phosphorus (Other names: Yellow Phosphorus)........... 6796
(27) Hypophosphorous acid and its salts (Including ammonium 6797
hypophosphite, calcium hypophosphite, iron hypophosphite,
potassium hypophosphite, manganese hypophosphite, magnesium
hypophosphite and sodium hypophosphite).........................
* * * * *
3. Section 1310.04 is amended by adding new paragraphs (g)(1)(ii)
through (g)(1)(iv) to read as follows:
Sec. 1310.04 Maintenance of records.
* * * * *
(g) * * *
(1) * *
(ii) Red phosphorus
(iii) White phosphorus (Other names: Yellow Phosphorus)
(iv) Hypophosphorous acid and its salts
4. Section 1310.08 is amended by adding a new paragraph (j) to read
as follows:
Sec. 1310.08 Excluded transactions.
* * * * *
(j) 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).
5. Section 1310.09 is amended by adding a new paragraph (d) to read
as follows:
Sec. 1310.09 Temporary exemption from registration.
* * * * *
(d) 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