[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