[Federal Register Volume 65, Number 100 (Tuesday, May 23, 2000)]
[Rules and Regulations]
[Pages 33254-33255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12922]



[[Page 33254]]

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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 162

[TD 00-37]
RIN 1515-AC60


Summary Forfeiture of Controlled Substances

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect an 
amendment to 21 U.S.C. 881 made by the Anti-Drug Abuse Act of 1986. The 
statutory amendment added Schedule II controlled substances to the 
Schedule I controlled substances already subject to summary forfeiture 
and destruction under subsection (f) of 21 U.S.C. 881. The amendment 
set forth in this document brings the Customs Regulations into 
conformance with the statute.

EFFECTIVE DATE: May 23, 2000.

FOR FURTHER INFORMATION CONTACT: Todd Schneider, Office of Regulations 
and Rulings (202-927-1694).

SUPPLEMENTARY INFORMATION:

Background

    Subsection (a)(1) of 21 U.S.C. 881 provides that all controlled 
substances that have been manufactured, distributed, dispensed or 
acquired in violation of subchapter 1, chapter 13, title 21, United 
States Code, are subject to forfeiture to the United States and no 
property right shall exist in them. Subsection (f) of 21 U.S.C. 881 
provides that all controlled substances in Schedule I and Schedule II 
will be deemed contraband, seized and summarily forfeited to the United 
States if they are possessed, transferred, sold or offered for sale in 
violation of the subchapter. Also, subsection (f) provides that all 
substances in Schedule I and Schedule II that are seized or come into 
the possession of the United States, the owners of which are unknown, 
will be deemed contraband and summarily forfeited to the United States.
    Prior to 1986, 21 U.S.C. 881(f) applied only to Schedule I 
controlled substances. Section 1006(c)(1) of the Anti-Drug Abuse Act of 
1986 (Pub. L. 99-570, 100 Stat. 3207, October 27, 1986) amended 21 
U.S.C. 881(f) to include Schedule II controlled substances.
    Section 162.45a of the Customs Regulations (19 CFR 162.45a), which 
implements the seizure and summary forfeiture procedure of 21 U.S.C. 
881(f), does not reflect the current statute in that it only discusses 
Schedule I controlled substances (as defined in 21 U.S.C. 802(6) and 
812). Accordingly, Sec. 162.45a is amended in this document to include 
Schedule II controlled substances. This document also makes conforming 
changes to Secs. 162.45(b) and 162.63.

Inapplicability of Public Notice and Comment and Delayed Effective 
Date Requirements

    Pursuant to the provisions of 5 U.S.C. 553(b)(B), Customs has 
determined that notice and public procedures for this regulation are 
unnecessary. The regulatory change in this document conforms the 
Customs Regulations to the terms of a law that is already in effect. 
For the same reasons, pursuant to the provisions of 5 U.S.C. 553(d)(1) 
and (3), Customs finds that there is good cause for dispensing with a 
delayed effective date.

Executive Order 12866

    This document does not meet the criteria for a ``significant 
regulatory action'' as specified in E.O. 12866.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule, 
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
do not apply.

Drafting Information

    The principal author of this document was Bill Conrad, Office of 
Regulations and Rulings, U.S. Customs Service.

List of Subjects in 19 CFR Part 162

    Administrative practice and procedure, Drug traffic control, 
Imports, Inspection, Law Enforcement, Penalties, Prohibited 
merchandise, Seizures and forfeitures.

Amendment to the Regulations

    For the reasons stated in the preamble, part 162 of the Customs 
Regulations (19 CFR Part 162) is amended as set forth below.

PART 162--INSPECTION, SEARCH, AND SEIZURE

    1. The authority citation for part 162 continues to read in part, 
and a new authority citation for Sec. 162.45a is added to read, as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624.
* * * * *

    Section 162.45a also issued under 21 U.S.C. 881;

* * * * *

    2. Section 162.45 is amended by revising the section heading, 
amending the first sentence of paragraph (b)(1), and revising paragraph 
(b)(2), to read as follows:


Sec. 162.45  Summary forfeiture: Property other than Schedule I and 
Schedule II controlled substances. Notice of seizure and sale.

* * * * *
    (b) Publication. (1) If the appraised value of any property in one 
seizure from one person, other than Schedule I and Schedule II 
controlled substances (as defined in 21 U.S.C. 802(6) and 812), exceeds 
$2,500, the notice will be published for at least three successive 
weeks in a newspaper circulated at the Customs port and in the judicial 
district where the property was seized. * * *
    (2) In all other cases, except for Schedule I and Schedule II 
controlled substances (see Sec. 162.45a), the notice will be published 
by posting it in the customhouse nearest the place of seizure. It will 
be posted in a conspicuous place that is accessible to the public, with 
the date of posting noted thereon, and will be kept posted for at least 
three successive weeks. Articles of small value of the same class or 
kind included in two or more seizures will be advertised as one unit.
* * * * *

    3. The heading and text of section 162.45a is revised to read as 
follows:


Sec. 162.45a  Summary forfeiture of Schedule I and Schedule II 
controlled substances.

    The Controlled Substances Act (84 Stat. 1242, 21 U.S.C. 801 et 
seq.) provides that all controlled substances in Schedule I and 
Schedule II (as defined in 21 U.S.C. 802(6) and 812) that are 
possessed, transferred, sold or offered for sale in violation of the 
Act will be deemed contraband, seized and summarily forfeited to the 
United States (21 U.S.C. 881(f)). The Controlled Substances Import and 
Export Act (21 U.S.C. 951 et seq.) incorporates by reference this 
contraband forfeiture provision of 21 U.S.C. 881. See 21 U.S.C. 965. 
Accordingly, in the case of a seizure of Schedule I or Schedule II 
controlled substances, the Fines, Penalties, and Forfeitures Officer or 
his designee will contact the appropriate Drug Enforcement 
Administration official responsible for issuing permits authorizing the 
importation of such substances (see 21 CFR part 1312). If upon inquiry 
the Fines, Penalties, and Forfeitures Officer or his designee is 
notified that no permit for lawful importation has been issued, he will 
declare the seized substances contraband and forfeited pursuant to 21

[[Page 33255]]

U.S.C. 881(f). Inasmuch as such substances are Schedule I and Schedule 
II controlled substances, the notice procedures set forth in 
Sec. 162.45 are inapplicable. When seized controlled substances are 
required as evidence in a court proceeding, they will be preserved to 
the extent and in the quantities necessary for that purpose.

    4. Section 162.63 is revised to read as follows:


Sec. 162.63  Arrests and seizures.

    Arrests and seizures under the Controlled Substances Act (84 Stat. 
1242, 21 U.S.C. 801 et seq.), and the Controlled Substances Import and 
Export Act (84 Stat. 1285, 21 U.S.C. 951 et seq.), will be handled in 
the same manner as other Customs arrests and seizures. However, 
Schedule I and Schedule II controlled substances (as defined in 21 
U.S.C. 802(6) and 812) imported contrary to law will be seized and 
forfeited in the manner provided in the Controlled Substances Act (21 
U.S.C. 881(f)). See Sec. 162.45a.

Raymond W. Kelly,
Commissioner of Customs.
    Approved: March 24, 2000.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 00-12922 Filed 5-22-00; 8:45 am]
BILLING CODE 4820-02-P