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Implementation of the Combat Methamphetamine Epidemic Act of
2005; Notice of Transfers Following Importation or Exportation;
Temporary Stay of Certain Provisions
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
FR Doc 07-2551 [Federal Register: May 22, 2007 (Volume 72, Number 98)]
[Rules and Regulations] [Page 28601-28602] From the Federal Register Online
via GPO Access [wais.access.gpo.gov] [DOCID:fr22my07-8]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1313
[Docket No. DEA-292N] RIN 1117-AB06
Implementation of the Combat Methamphetamine Epidemic Act of 2005;
Notice of Transfers Following Importation or Exportation; Temporary Stay of
Certain Provisions
AGENCY: Drug Enforcement Administration (DEA), Justice.
ACTION: Interim final rule with request for comment; temporary stay
of provisions.
SUMMARY: On April 9, 2007, the Drug Enforcement Administration (DEA)
published an Interim Final Rule with Request for Comment in the Federal
Register (72 FR 17401) implementing the provisions of section 716 of the
Combat Methamphetamine Epidemic Act of 2005 (CMEA) (21
U.S.C. 971 as amended), enacted March 9, 2006, which required additional
reporting for import, export, and international transactions involving all
List I and List II chemicals. Subsequent to publication of the Interim Final
Rule, DEA received both written and verbal comments from the regulated
industry requesting the delay of the effective date of the rulemaking to allow
industry more time to fully comply with the new provisions. The rule became
effective May 9, 2007. After careful consideration of the comments received,
DEA is temporarily staying the provisions of the Interim Final Rule with
Request for Comment published April 9, 2007, by 30 days, from May 9, 2007 to
June 8, 2007.
DATES: Effective May 22, 2007, through June 7, 2007, the provisions
of 21 CFR
1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27,
1313.32(d), 1313.32(e), and 1313.35 are temporarily stayed.
FOR FURTHER INFORMATION CONTACT: Mark W. Caverly, Chief, Liaison and
Policy Section, Office of Diversion Control, Drug Enforcement Administration,
Washington, DC 20537 at (202) 307-7297.
SUPPLEMENTARY INFORMATION:
Background
On March 9, 2006, the President signed the Combat Methamphetamine Epidemic
Act of 2005 (CMEA), which is Title VII of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Pub. L. 109-177). On April 9, 2007, the Drug
Enforcement Administration (DEA) published an Interim Final Rule with Request
for Comment (72 FR 17401) implementing section 716 of the CMEA. That section
addressed the importation, exportation, and international transactions of all
List I and List II chemicals. Briefly, section 716 of the CMEA (21
U.S.C. 971 as
[[Page 28602]]
amended) extends the current reporting requirements--as well as the current
exemption for regular importers and regular customers--to post- import and
post-export transactions of List I and List II chemicals. With implementation
of the Interim Final Rule with Request for Comment, importers, exporters,
brokers, and traders are required to notify DEA, before the transaction is to
take place, of certain information regarding their downstream customers. This
person is referred to as the "transferee'' of the United States importer,
exporter, broker or trader. Notification occurs on a new DEA Form 486. If the
transferee changes, or the quantity of the chemical is increased after initial
notification to DEA, the importer, exporter, broker or trader must file an
amended DEA Form 486 with DEA. Within 30 days after the importation,
exportation, or international transaction is completed, the importer,
exporter, broker, or trader must send DEA a return declaration containing
information regarding the transaction. The requirements of section 716 and the
implementing regulations were discussed extensively in DEA's Interim Final
Rule with Request for Comment published April 9, 2007. This Interim Final Rule
became effective May 9, 2007.
Comments Received
Subsequent to publication of the Interim Final Rule, DEA received two
written requests for a delay of the effective date of the rule, one from a
national chemical association and the other from a large chemical company.
Commenters indicated that more time was needed to fully comply with the
provisions of the Interim Final Rule. Commenters also sought clarification
regarding procedural implementation of the rule. DEA also received verbal
communications from other organizations and individual registrants regarding
procedural concerns and requests for clarification regarding the rule.
Temporary Stay of Provisions
After careful consideration of the concerns expressed by the regulated
industry, DEA is temporarily staying certain provisions of the Interim Final
Rule with Request for Comment published April 9, 2007. Specifically, DEA is
temporarily staying the following provisions:
- The waiver of the 15-day advance notification requirement for
importations of a listed chemical for which the importer intends to
transfer the listed chemical to a person who is a regular customer of the
chemical;
- The requirement that importers, exporters, brokers and traders notify
DEA of the transferee of the listed chemical;
- The requirement that importers, exporters, brokers and traders amend the
advance notification (DEA Form 486) if the transferee changes or the
quantity of the chemical to be transferred increases; and
- The requirement that importers, exporters, brokers and traders file
return declarations regarding importations, exportations, and
international transactions with DEA.
These provisions are being temporarily stayed until June 8, 2007.
This temporary stay applies only to those provisions implemented by section
716 of CMEA. All other provisions regarding the importation, exportation, and
international transactions involving List I and List II chemicals remain in
full force and effect.
Implementation of the Interim Final Rule Published April 9, 2007
The following implementation guidance is provided pursuant to the temporary
stay of 21 CFR
1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27,
1313.32(d), 1313.32(e), and 1313.35.
Effective June 8, 2007, all United States importers, exporters, brokers and
traders of List I and List II chemicals must use the revised DEA Form 486 to
notify DEA of their imports, exports, and international transactions. This
revised form is available on the Diversion Control Program Web site, http://www.deadiversion.usdoj.gov.
Persons who submit import, export, and international transaction advance
notifications to DEA on the new form prior to June 8, 2007, are not required
to provide a return declaration to DEA regarding those transactions.
Effective June 8, 2007, all persons previously granted regular importer
status will no longer hold that status. Every import of a List I and List II
chemical must be reported to DEA not later than 15 days prior to the proposed
importation. This report must include the name of the person to whom the
chemical is proposed to be transferred and the amount of the chemical proposed
to be transferred. As DEA discussed in the April 9, 2007, Interim Final Rule,
DEA will evaluate each proposed importation based not only on the chemical to
be imported but on the transferee information supplied by the importer as
well. This process will allow for the establishment of regular customer status
by transferees of United States importers, and for establishment of regular
importer status by importers importing a specific listed chemical intended for
sale to a specific customer.
Effective June 8, 2007, all persons importing, exporting, and conducting
international transactions involving List I and List II chemicals must provide
return declarations to DEA.
Pursuant to the authority of the Attorney General to promulgate and enforce
rules and regulations under the Controlled Substances Act (21
U.S.C. 871(b)), as delegated to the Deputy Assistant Administrator of the
Office of Diversion Control by 28 CFR Part 0, Appendix to Subpart R, section
7, effective May 22, 2007, through June 7, 2007, the provisions of 21
CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27,
1313.32(d), 1313.32(e), and 1313.35 are temporarily stayed.
Dated: May 15, 2007.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 07-2551 Filed 5-18-07; 8:59 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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