[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)] [Proposed Rules] [Pages 49086-49087] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23816] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1301 RIN 1117-AA40, DEA Number 142N Guidelines for Providing Controlled Substances to Ocean Vessels AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Advance Notice of Proposed Rulemaking. ----------------------------------------------------------------------- SUMMARY: DEA is considering whether to propose amending the regulations regarding the supply of controlled substances to ocean vessels to provide a means of supply more consistent with current industry practices for other materials. The decision on whether to propose amendments and the extent of any such amendments will be based on the information and comments submitted in response to this advance notice of proposed rulemaking and DEA's experience with the existing procedures and practices for supplying controlled substances to vessels. DATES: Information and comments should be submitted on or before November 18, 1996. ADDRESSES: Comments should be submitted in duplicate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, D.C. 20537, Attn: Federal Register Representative/CCR. FOR FURTHER INFORMATION CONTACT: G. Thomas Gitchel, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, D.C. 20537, Telephone (202) 307-7297. SUPPLEMENTARY INFORMATION: Title 21, Code of Federal Regulations (CFR), Section 1301.28 provides a mechanism for the transfer of controlled substances to ocean vessels for use in emergency [[Page 49087]] kits. Vessels may obtain controlled substances either through the services of a medical officer who is employed by the owner or operator of the vessel and is registered with DEA as a practitioner, or, in the absence of a medical officer, through the master or first officer of the vessel personally appearing before a distributor registrant and receiving the controlled substances directly. If a medical officer is ordering the controlled substances, he or she shall submit the order to a distributor or, when allowed pursuant to 21 CFR 1301.28(f), a pharmacy. When filling the order, the distributor or pharmacy must handle the transaction as a normal distribution subject to all of the requirements of the law and regulations regarding the distribution of controlled substances. If Schedule II controlled substances are being ordered, a properly completed and signed DEA Order Form (DEA Form-222) must be received prior to filling the order. Further, all controlled substances must be shipped directly to the medical officer at his or her registered address. The distributor or pharmacy may not ship the controlled substances to another person or address. The medical officer shall transfer the controlled substances to the vessel only at a location within the United States. The shipment of controlled substances to a foreign location can be accomplished only by a registered exporter pursuant to a valid export permit or declaration and authorization of the foreign government; to do so otherwise could be a criminal violation of the Controlled Substances Act (CSA) and U.S. International Treaty obligations. In the absence of a registered medical officer, the master or first officer of an ocean vessel may obtain controlled substances by appearing personally before a distributor or an authorized pharmacy registrant, and by presenting proper identification and a written requisition for the controlled substances. The requisition must be prepared on the vessel's official stationery or purchase form and must contain the information required by 21 CFR 1301.28(d)(2). The distributor or pharmacy shall record the distribution in the manner required by 21 CFR 1301.28(d)(4). The master or first officer of a vessel must appear personally before the registrant to receive the controlled substances. Issues regarding practical compliance with the regulations have arisen, including the use of contract practitioners, the shipping of controlled substances to other than a registered location, exporting controlled substances without an exporter registration and export permit or declaration, repacking or relabelling controlled substances in violation of the CSA, and, in the absence of a medical officer, shipping controlled substances to a vessel rather than requiring a personal appearance by the master or first officer. DEA has also received comments from wholesalers and owners/ operators of vessels expressing concerns regarding the regulations and the impact they have on the delivery of controlled substances to the vessels. The primary concern is the requirement that controlled substances ordered by a medical officer must be shipped to the medical officer's registered location by the distributor. The medical officer then must ship the controlled substances to the vessel. The commentors have objected that this requirement delays the delivery of the controlled substances to the vessel and increases the potential for diversion of the substances. Comments have also been received regarding the use of medical officers, the distribution of controlled substances to vessels in foreign ports, and the use of ship's agents to help effect the delivery of controlled substances to the vessels. In order to better understand the circumstances under which the maritime industry operates and to determine what regulatory adjustments might be possible to allow a more efficient and practical means to provide controlled substances to ocean vessels while maintaining controls against the diversion of controlled substances, DEA is requesting information and comments regarding the following: 1. What industry standards or requirements are there regarding the acquisition, storage, and dispensing of controlled substances aboard ocean vessels? If there are standards or requirements, is there a mechanism for ensuring compliance and sanctioning those that fail to comply? Further, do the standards or requirements apply to all vessels, including foreign flag vessels, or do they apply only to U.S. flag vessels? 2. Are there standardized procedures for delivering materials/ supplies to vessels when they are in port? What provisions are there for the safekeeping/security of sensitive materials/supplies prior to the actual delivery to the vessel? 3. What duties do ship/port agents and ship chandlers perform? What legal responsibilities must they satisfy and to whom are they responsible? Are there specific guidelines or requirements that must be adhered to and a mechanism for enforcing compliance? In addition to developing background information concerning the operations of the maritime industry with respect to providing vessels with controlled substances, DEA is also seeking comments and proposals from interested parties regarding the impact of the current regulatory requirements and possible alternative procedures that might better serve the industry while preserving the necessary safeguards to prevent diversion. Areas of specific interest would include the use of contract medical officers, the shipment of controlled substances from the distributors to the vessels, and whether ship/port agents and chandlers can participate in the process. DEA also welcomes any comments and suggestions on related issues regarding the supply of controlled substances to ocean vessels. Interested persons may, on or before November 18, 1996, submit to the Deputy Assistant Administrator, Office of Diversion Control, Attn: Federal Register Representative/CCR (address above) two copies of the written information and comments regarding this advance notice of proposed rulemaking. Dated: August 19, 1996. Gene R. Haislip, Deputy Assistant Administrator, Office of Diversion Control. [FR Doc. 96-23816 Filed 9-17-96; 8:45 am] BILLING CODE 4410-09-M