[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Rules and Regulations]
[Pages 53121-53122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25249]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
[DEA-112I]
RIN 1117-AA35
Provisional Exemption From Registration for Certain List I
Chemical Handlers; Extension
AGENCY: Drug Enforcement Administration (DEA), Justice.
ACTION: Interim rule.
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SUMMARY: DEA is amending its regulations to extend the temporary
exemption from the chemical registration requirements from October 6,
1995 to November 13, 1996. DEA has become aware that many persons who
are subject to the chemical registration requirement were unaware that
they were required to submit their applications prior to the October 5,
1995 deadline for applying for registration. Persons failing to meet
that deadline would have been required by law to cease all
distributions, imports, or exports of List I chemicals until they had
obtained a registration. In order to avoid interruption of domestic and
international commerce in List I chemicals, DEA is extending the
temporary exemption from the registration requirement for the
additional period to allow affected persons sufficient time to make
application for registration.
EFFECTIVE DATE: October 12, 1995. The new deadline for submitting an
application for registration is November 13, 1995.
FOR FURTHER INFORMATION CONTACT:
F. Thomas Gitchel, Chief, Liaison and Policy Section, Office of
Diversion Control, Drug Enforcement Administration, Washington, DC
20537, Telephone (202) 307-4025.
SUPPLEMENTARY INFORMATION: The Domestic Chemical Diversion Control Act
of 1993 (DCDCA) became effective on April 16, 1994. One of the primary
requirements of the DCDCA is that any person who manufactures,
distributes, imports or exports a list I chemical shall obtain an
annual registration from DEA for each location where such activities
are carried out. DEA, recognizing that the regulations to implement the
requirements of the DCDCA might not be finalized prior to April 16,
1994, published an Interim Rule in the Federal Register on March 24,
1994, (59 FR 13881) adding a new Sec. 1310.09 to Title 21, Code of
Federal Regulations (21 CFR), part 1310, granting a temporary exemption
from the chemical registration requirements for any person who
submitted an application for registration within 45 days following the
effective date of the chemical registration regulations. The chemical
registration regulations became effective on August 21, 1995, and the
deadline for submitting an application and maintaining the temporary
exemption from the registration requirement was October 5, 1995.
It has come to DEA's attention that, despite substantial efforts to
provide notice to chemical handlers, including communications with the
national associations representing the chemical industry, direct
contacts with chemical manufacturers and distributors, and references
to the new requirements in industry newsletters, there may be a
significant number of persons subject to the registration requirement
who have not yet submitted an application for registration. Under the
existing requirements regarding chemical registration, such persons
would not be authorized to distribute, import, or export a List I
chemical; they would have to cease all such activities until they had
applied for and received their DEA registrations. In the interest of
avoiding a possible disruption of legitimate commerce that enforcement
of the requirements might cause at this time and to allow chemical
handlers additional opportunity to comply with the new registration
requirements, DEA
[[Page 53122]]
is amending Sec. 1310.09 to extend the temporary exemption until
November 13, 1995.
The Deputy Assistant Administrator of the Office of Diversion
Control, Drug Enforcement Administration hereby certifies that this
interim rulemaking will have no significant impact upon entities whose
interests must be considered under the Regulatory Flexibility Act, 5
U.S.C. 601 et seq. This interim rulemaking extends a temporary
exemption from the registration requirements of the DCDCA.
This rule is not a significant regulatory action and therefore has
not been reviewed by the Office of Management and Budget pursuant to
Executive Order 12866.
This action has been analyzed in accordance with the principles and
criteria in Executive Order 12612, and it has been determined that the
interim rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
List of Subjects in 21 CFR Part 1310
Drug Traffic Control, Recordkeeping and Reporting Requirements,
List I and List II chemicals.
For reasons set out above, Title 21, Code of Federal Regulations,
part 1310 is amended as follows;
PART 1310--[AMENDED]
1. The authority citation for part 1310 continues to read as
follows:
Authority: 21 U.S.C. 802, 830, 871(b)
Section 1310.09 is revised to read as follows:
Sec. 1310.09 Temporary exemption from registration.
Each person required by section 3(b) of the Domestic Chemical
Diversion Control Act of 1993 (Pub. L. 103-200, effective April 16,
1994), to obtain a registration to manufacture, distribute, import, or
export a list I chemical (other than those list I chemicals exempted
under Sec. 1310.01(f)(1)(iv)), is temporarily exempted from the
registration requirement. The exemption will remain in effect for each
person until the person has made proper application for registration
and the Administration has approved or denied such application,
provided that the application is submitted on or before November 13,
1995. This exemption applies only to registration; all other chemical
control requirements set forth in the Domestic Chemical Diversion
Control Act of 1993 and in parts 1310 and 1313 of this chapter remain
in full force and effect.
Dated: October 5, 1995.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control, Drug
Enforcement Administration.
[FR Doc. 95-25249 Filed 10-11-95; 8:45 am]
BILLING CODE 4410-09-M
