[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Rules and Regulations]
[Pages 51003-51004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24944]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1313
[DEA Number 110F]
RIN 1117-AA21
Distribution of Chemical Import/Export Declaration
AGENCY: Drug Enforcement Administration (DEA), Justice.
ACTION: Final rule.
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[[Page 51004]]
SUMMARY: DEA is amending its regulations to clarify the distribution
requirements for the Precursor and Essential Chemical Import/Export
Declaration (DEA Form 486). The regulations do not specify that a copy
of the form must be provided to the United States Customs Service
(Customs) on or before the day of exportation, as required in the
instructions on the form. This amendment to the regulations will
eliminate any possibility for confusion as to when the form must be
provided to Customs.
EFFECTIVE DATE: November 29, 1996.
FOR FURTHER INFORMATION CONTACT: G. Thomas Gitchel, Chief, Liaison and
Policy Section, Office of Diversion Control, Drug Enforcement
Administration, Washington, DC 20537, Telephone (202) 307-7297.
SUPPLEMENTARY INFORMATION: On September 23, 1993, DEA published a
notice of proposed rulemaking (NPRM) in the Federal Register (58 FR
49455) regarding the distribution of the Precursor and Essential
Chemical Import/Export Declaration (DEA Form 486). The NPRM pointed out
a discrepancy between the instructions contained in the DEA Form 486
and the requirements of Title 21, Code of Federal Regulations (CFR),
Sec. 1313.23(c). The instructions require that Copy 3 of the form be
provided to Customs on or before the day of exportation. Section
1313.23(c) provides the same instructions but omits the phrase on or
before the day of exportation. To avoid the possibility of confusion
regarding when Copy 3 of the form should be provided to Customs, DEA
proposed to amend Sec. 1313.23(c) to be consistent with the
instructions contained in the form. In addition, while it could not be
included as a requirement, DEA also proposed to include a suggestion in
the section that the exporter submit the Shipper's Export Document on
or before the day of exportation, in order to facilitate the
uninterrupted export of the goods.
No comments or objections were received regarding the proposed
amendment to the regulations. Therefore, DEA is amending 21 CFR
1313.23(c) to include the appropriate language to be consistent with
the instructions contained in the DEA Form 486.
The Deputy Assistant Administrator, Office of Diversion Control,
hereby certifies that this action 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 action does not impose any
new requirements or burden on the regulated industry. This action is
being taken to clarify the requirements regarding the distribution of
the DEA Form 486.
This rule has been drafted and reviewed in accordance with
Executive Order 12866. DEA has determined that this is not a
significant regulatory action under the provisions of Executive Order
12866, section 3(f). This rule clarifies existing requirements and will
prevent confusion that might cause delays in the export of chemicals.
This action has been analyzed in accordance with the principles and
criteria in Executive Order 12612, and it has been determined that the
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 21 CFR Part 1313
Drug traffic control, Exports, Imports, Reporting requirements.
For reasons set out above, 21 CFR part 1313 is amended as follows:
PART 1313--[AMENDED]
1. The authority citation for part 1313 continues to read as
follows:
Authority: 21 U.S.C. 802, 830, 871(b), 971
2. Section 1313.23 is amended by revising paragraph (c) to read as
follows:
Sec. 1313.23 Distribution of export declaration.
* * * * *
(c) Copy 3 shall be presented to the U.S. Customs Service at the
port of exit for each export of a listed chemical or chemicals on or
before the day of exportation, and when possible, along with the
Shippers Export Declaration.
Dated: September 6, 1996.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 96-24944 Filed 9-27-96; 8:45 am]
BILLING CODE 4410-09-M
