Exempt Chemical Preparations Under the Controlled Substances Act
The applications for exempt chemical preparations received by the Drug Enforcement Administration (DEA) between April 1, 2016, and December 31, 2016, as listed below, were accep...
Drug Enforcement Administration, Department of Justice.
ACTION:
Order with opportunity for comment.
SUMMARY:
The applications for exempt chemical preparations received by the Drug Enforcement Administration (DEA) between April 1, 2016, and December 31, 2016, as listed below, were accepted for filing and have been approved or denied as indicated.
DATES:
Interested persons may file written comments on this order in accordance with 21 CFR 1308.23(e). Electronic comments must be submitted, and written comments must be postmarked, on or before August 11, 2017. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.
ADDRESSES:
To ensure proper handling of comments, please reference “Docket No. DEA-372” on all correspondence, including any attachments.
Electronic comments:
The Drug Enforcement Administration (DEA) encourages that all comments be submitted through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the Web page or to attach a file for lengthier comments. Please go to
http://www.regulations.gov
and follow the online instructions at that site for submitting comments. Upon completion of your submission you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on
Regulations.gov. If you have received a comment tracking number, your comment has been successfully submitted and there is no need to resubmit the same comment.
Paper comments:
Paper comments that duplicate the electronic submission are not necessary and are discouraged. Should you wish to mail a comment
in lieu of
an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152.
FOR FURTHER INFORMATION CONTACT:
Michael J. Lewis, Diversion Control
( printed page 26945)
Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-6812.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received are considered part of the public record and made available for public inspection online at
http://www.regulations.gov
and in the DEA's public docket. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter.
If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all the personal identifying information you do not want posted online or made available in the public docket in the first paragraph of your comment and identify what information you want redacted.
If you want to submit confidential business information as part of your comment, but do not want it to be posted online or made available in the public docket, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment.
Comments containing personal identifying information and confidential business information identified as directed above will generally be made publicly available in redacted form. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to
http://www.regulations.gov
may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential.
The Drug Enforcement Administration (DEA) implements and enforces titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. Titles II and II are referred to as the “Controlled Substances Act” and the “Controlled Substances Import and Export Act,” or the “CSA” for the purpose of this action. 21 U.S.C. 801-971. The DEA publishes the implementing regulations for these statutes in title 21 of the Code of Federal Regulations (CFR), chapter II.
The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while ensuring an adequate supply is available for the legitimate medical, scientific, research, and industrial needs of the United States. Controlled substances have the potential for abuse and dependence and are controlled to protect the public health and safety.
Section 201 of the CSA (21 U.S.C. 811) authorizes the Attorney General, by regulation, to exempt from certain provisions of the CSA certain compounds, mixtures, or preparations containing a controlled substance, if he finds that such compounds, mixtures, or preparations meet the requirements detailed in 21 U.S.C. 811(g)(3)(B).[1]
The DEA regulations at 21 CFR 1308.23 and 1308.24 further detail the criteria by which the DEA Assistant Administrator may exempt a chemical preparation or mixture from certain provisions of the CSA. The Assistant Administrator may, pursuant to 21 CFR 1308.23(f), modify or revoke the criteria by which exemptions are granted and modify the scope of exemptions at any time.
Exempt Chemical Preparation Applications Submitted Between April 1, 2016, and December 31, 2016
The Assistant Administrator received applications between April 1, 2016, and December 31, 2016, requesting exempt chemical preparation status detailed in 21 CFR 1308.23. Pursuant to the criteria stated in 21 U.S.C. 811(g)(3)(B) and in 21 CFR 1308.23, the Assistant Administrator has found that each of the compounds, mixtures, and preparations described in Chart I below is intended for laboratory, industrial, educational, or special research purposes and not for general administration to a human being or animal and either: (1) Contains no narcotic controlled substance and is packaged in such a form or concentration that the packaged quantity does not present any significant potential for abuse; or (2) contains either a narcotic or non-narcotic controlled substance and one or more adulterating or denaturing agents in such a manner, combination, quantity, proportion, or concentration that the preparation or mixture does not present any potential for abuse; if the preparation or mixture contains a narcotic controlled substance, it must be formulated in such a manner that it incorporates methods of denaturing or other means so that the preparation or mixture is not liable to be abused or have ill effects if abused, and so that the narcotic substance cannot in practice be removed.
Accordingly, pursuant to 21 U.S.C. 811(g)(3)(B), 21 CFR 1308.23, and 21 CFR 1308.24, the Assistant Administrator has determined that each of the chemical preparations or mixtures generally described in Chart I below and specifically described in the application materials received by the DEA, is exempt, to the extent described in 21 CFR 1308.24, from application of sections 302, 303, 305, 306, 307, 308, 309, 1002, 1003, and 1004 (21 U.S.C. 822-823, 825-829, and 952-954) of the CSA, and 21 CFR 1301.74, as of the date that was provided in the approval letters to the individual requesters.
Thermo Scientific CEDIA Buprenorphine II Controls (Low and High) Catalog Number: 10020804
Vial: 5 mL Box: 4 vials
8/30/2016
Siemens Healthcare Diagnostics, Inc
BK Emit II Plus Oxycodone Negative Control 100
Bulk Container: 1 L-50 L
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Oxycodone Negative Control 100
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Oxycodone Negative Control 300
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Oxycodone Positive Control 100
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Oxycodone Positive Control 300
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Specialty Multi Drug Calibrator/Control Level 1
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Specialty Multi Drug Calibrator/Control Level 2
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Specialty Multi Drug Calibrator/Control Level 3
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Emit II Plus Specialty Multi Drug Calibrator/Control Level 4
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Oxycodone Negative Control 100
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Oxycodone Negative Control 300
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Oxycodone Positive Control 100
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Oxycodone Positive Control 300
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 1
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 2
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 3
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
FC Emit II Plus Specialty Multi Drug Calibrator/Control Level 4
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Oxycodone Negative Control 100
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Oxycodone Negative Control 300
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Oxycodone Positive Control 100
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Oxycodone Positive Control 300
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Specialty Multi Drug Calibrator/Control LVL 1
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Specialty Multi Drug Calibrator/Control LVL 2
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Specialty Multi Drug Calibrator/Control LVL 3
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
MP FC Emit Specialty Multi Drug Calibrator/Control LVL 4
Vial: 10 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Oxycodone Negative Control 100
Pilot container: 4 mL-200 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Oxycodone Negative Control 300
Pilot container: 4 mL-200 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Oxycodone Positive Control 100
Pilot container: 4 mL-200 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Oxycodone Positive Control 300
Pilot container: 4 mL-200 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 1
Pilot container: 4 mL-200 mL
8/23/2016
( printed page 26950)
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 2
Pilot container: 4 mL-200 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 3
Pilot container: 4 mL-200 mL
8/23/2016
Siemens Healthcare Diagnostics, Inc
Pilot Emit II Plus Specialty Multi Drug Calibrator/Control LVL 4
Pilot container: 4 mL-200 mL
8/23/2016
USP
USP Levomethorphan Solution Reference Standard
Box: 3 vials, 1.2 mL each
9/13/2016
UTAK Laboratories, Inc
AED II HR Serum Control, Ref: 72740
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
AED II MR Serum Control, Ref: 72741
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Benzodiazepines 2 Serum Control HR, Ref: 22615
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Benzodiazepines 2 Serum Control MR, Ref: 22616
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Benzodiazepines Plus 100 Urine Control, Ref: 12090
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Benzodiazepines Plus 100 Whole Blood Control, Ref: 12092
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Benzodiazepines Plus 400 ng/mL Urine Control, Ref: 12091
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Clonazepam Serum Control HR, Ref: 22610
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Clonazepam Serum Control MR, Ref: 22611
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
DHEA Plus High Serum Control, Ref: 51411
Carton: 5 bottles, 3 mL each
12/27/2016
UTAK Laboratories, Inc
DHEA Plus Low Serum Control, Ref: 51410
Carton: 5 bottles, 3 mL each
12/27/2016
UTAK Laboratories, Inc
Pentobarbital Serum Control, Ref: 66319
Carton: 5 bottles, 5 mL each
12/27/2016
UTAK Laboratories, Inc
Steroids Level 1 SMx Serum Control, Ref: 51401
Carton: 5 bottles, 3 mL each
12/27/2016
UTAK Laboratories, Inc
Steroids Level 2 SMx Serum Control, Ref: 51402
Carton: 5 bottles, 3 mL each
12/27/2016
UTAK Laboratories, Inc
Steroids Level 3 SMx Serum Control, Ref: 51403
Carton: 5 bottles, 3 mL each
12/27/2016
UTAK Laboratories, Inc
Steroids Level 4 SMx Serum Control, Ref: 51404
Carton: 5 bottles, 3 mL each
12/27/2016
The Assistant Administrator has found that each of the compounds, mixtures, and preparations described in Chart II below is not consistent with the criteria stated in 21 U.S.C. 811(g)(3)(B) and in 21 CFR 1308.23. Accordingly, the Assistant Administrator has determined that the chemical preparations or mixtures generally described in Chart II below and specifically described in the application materials received by DEA, are not exempt from application of any part of the CSA or from application of any part of the CFR, with regard to the requested exemption pursuant to 21 CFR 1308.23, as of the date that was provided in the determination letters to the individual requesters.
BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 1
Bulk Container: 1 L-50 L
8/23/2016
Siemens Healthcare Diagnostics, Inc
BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 2
Bulk Container: 1 L-50 L
8/23/2016
Siemens Healthcare Diagnostics, Inc
BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 3
Bulk Container: 1 L-50 L
8/23/2016
Siemens Healthcare Diagnostics, Inc
BK Emit II Plus Specialty Multi Drug Calibrator/Control LVL 4
Bulk Container: 1 L-50 L
8/23/2016
( printed page 26951)
Scope of Approval
The exemptions are applicable only to the precise preparation or mixture described in the application submitted to DEA in the form(s) listed in this order and only for those sections of the CSA and the CFR that are specifically identified. In accordance with 21 CFR 1308.24(h), any change in the quantitative or qualitative composition of the preparation or mixture, or change in the trade name or other designation of the preparation or mixture after the date of application requires a new application. In accordance with 21 CFR 1308.24(g), the DEA may prescribe requirements other than those set forth in 1308.24(b)-(e) on a case-by-case basis for materials exempted in bulk quantities. Accordingly, in order to limit opportunity for diversion from the larger bulk quantities, the DEA has determined that each of the exempted bulk products listed in this order may only be used in-house by the manufacturer, and may not be distributed for any purpose, or transported to other facilities.
Additional exempt chemical preparation requests received between April 1, 2016, and December 31, 2016, and not otherwise referenced in this order may remain under consideration until the DEA receives additional information required, pursuant to 21 CFR 1308.23(d), as detailed in separate correspondence to individual requesters. The DEA's order on such requests will be communicated to the public in a future
Federal Register
publication.
The DEA also notes that these exemptions are limited to exemption from only those sections of the CSA and the CFR that are specifically identified in 21 CFR 1308.24(a). All other requirements of the CSA and the CFR apply, including registration as an importer as required by 21 U.S.C. 957.
Opportunity for Comment
Pursuant to 21 CFR 1308.23, any interested person may submit written comments on or objections to any chemical preparation in this order that has been approved or denied as exempt. If any comments or objections raise significant issues regarding any finding of fact or conclusion of law upon which this order is based, the Assistant Administrator will immediately suspend the effectiveness of any applicable part of this order until he may reconsider the application in light of the comments and objections filed.
Approved Exempt Chemical Preparations Are Posted on DEA's Web Site
1.
This authority has been delegated from the Attorney General to the Administrator of the DEA by 28 CFR 0.100, and subsequently redelegated to the Deputy Assistant Administrator pursuant to Section 7 of 28 CFR 0.104, Appendix to Subpart R.
Use this for formal legal and research references to the published document.
82 FR 26944
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Exempt Chemical Preparations Under the Controlled Substances Act,” thefederalregister.org (June 12, 2017), https://thefederalregister.org/documents/2017-12110/exempt-chemical-preparations-under-the-controlled-substances-act.