[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