[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Rules and Regulations]
[Pages 49568-49569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19122]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Parts 1310, 1313

[DEA-229F]
RIN 1117-AA65


Change of Address for Filing Chemical Import/Export Declarations 
(DEA Form 486), Reports for the Importation or Exportation of Tableting 
and Encapsulating Machines, and Other Related Reports

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Final rule.

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SUMMARY: DEA is amending the Code of Federal Regulations (CFR) to 
change the address for filing certain required reports. These reports 
include: Import/Export Declarations, including international 
transactions, for listed chemicals (DEA Form 486); Reports for the 
importation or exportation of tableting and encapsulating machines (not 
a DEA Form-486); Quarterly reports on the importation or exportation of 
listed chemicals when the DEA Form 486 is waived; Reports for the 
return of exported listed chemicals or exported tableting and 
encapsulating machines; and Advance notices of importation for 
transshipment or transfer of listed chemicals. DEA is changing the 
address in the CFR because the U.S. Postal Service assigned DEA a new 
post office box when the post office was relocated.

EFFECTIVE DATE: July 31, 2002.

FOR FURTHER INFORMATION CONTACT: Patricia M. Good, Chief, Liaison and 
Policy Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537, Telephone (202) 307-7297.

SUPPLEMENTARY INFORMATION:

Why Is DEA Changing the Address for Filing Certain Reports?

    The U.S. Postal Service has assigned DEA a new post office box 
number that replaces the one listed in the Code of Federal Regulations 
for filing certain required reports. This occurred when the U.S. Postal 
Service relocated the post office. DEA does not have any discretion 
concerning this change.

What Is the New Address?

    DEA is revising Title 21, Code of Federal Regulations, wherever it 
mentions: P.O. Box 28346, Washington, DC 20038.
    The new address for filing the affected reports is: P.O. Box 27284, 
Washington, DC 20038.
    With publication of this rule, all reports must be sent to the new 
address.

What Reports Are Affected?

    Title 21 of the Code of Federal Regulations requires that certain 
reports for listed chemicals and tableting and encapsulating machines 
must currently be filed with the Drug Enforcement Administration at the 
old address (P.O. Box 28346). The reporting requirements are described 
in 21 CFR parts 1310 and 1313.
    In 21 CFR part 1310, reports affected by the address change include 
those for the importation and exportation of tableting and 
encapsulating machines (21 CFR 1310.05(c)) and reports concerning the 
return of exported tableting or encapsulating machines (21 CFR 
1310.06(g)).
    In 21 CFR part 1313, the following reports are affected by the 
address change:
    (1) DEA Form 486 for authorization to import listed chemicals (21 
CFR 1313.12(b));
    (2) Quarterly reports on importations of listed chemicals when the 
advance notification is waived and no DEA Form 486 is required (21 CFR 
1313.12(e));
    (3) DEA Form 486 for authorization to export listed chemicals (DEA 
1313.21(b));
    (4) Quarterly reports on exportation of listed chemicals when the 
advance notification is waived and no DEA Form 486 is required (21 CFR 
1313.21(e));
    (5) Reports concerning the return of exported listed chemicals (21 
CFR 1313.22(e));
    (6) Advance notices of importation for transshipment or transfer of 
listed chemicals (21 CFR 1313.31(b)); and
    (7) DEA Form 486s from brokers or traders for authorization of 
international transactions of listed chemicals (21 CFR 1313.32(b)(1)).

Regulatory Certifications

Administrative Procedure Act (5 U.S.C. 553)

    An agency may find good cause to exempt a rule from certain 
provisions of the Administrative Procedure Act (5 U.S.C. 553), 
including notice of proposed rulemaking and the opportunity for public 
comment, if it is determined to be unnecessary, impracticable, or 
contrary to the public interest. This rule pertains to agency 
management, organization and procedure. DEA has no discretion in the 
change of the post office box number and thus finds it unnecessary and 
impracticable to permit public notice and comment. Therefore, DEA is 
publishing this document as a final rule.

[[Page 49569]]

Further, as the change of address is imminent, and since a delay in the 
effective date of this regulation could impede the timely receipt of 
required reports by the regulated industry, DEA finds there is good 
cause to make this final rule effective immediately.

Regulatory Flexibility Act

    The Deputy Assistant Administrator hereby certifies that this 
rulemaking has been drafted in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation, and by 
approving it certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. This final 
rule merely changes an address, permitting industry to report to DEA in 
a timely manner.

Executive Order 12866

    The Deputy Assistant Administrator further certifies that this 
rulemaking has been drafted in accordance with the principles in 
Executive Order 12866 Section 1(b). DEA has determined that this is not 
a significant rulemaking action. Therefore, this action has not been 
reviewed by the Office of Management and Budget.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice 
Reform.

Executive Order 13132

    This rulemaking does not preempt or modify any provision of state 
law; nor does it impose enforcement responsibilities on any state; nor 
does it diminish the power of any state to enforce its own laws. 
Accordingly, this rulemaking does not have federalism implications 
warranting the application of Executive Order 13132.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

Congressional Review Act

    The Drug Enforcement Administration has determined that this action 
is a rule relating to agency procedure and practice that does not 
substantially affect the rights or obligations of non-agency parties 
and, accordingly, is not a ``rule'' as that term is used by the 
Congressional Review Act (Subtitle E of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting 
requirement of 5 U.S.C. Section 801 does not apply.

List of Subjects

21 CFR Part 1310

    Drug traffic control, Exports, Imports, Reporting and recordkeeping 
requirements.

21 CFR Part 1313

    Administrative practice and procedure, Drug traffic control, 
Exports, Imports, Reporting and recordkeeping requirements.


    For the reasons set out above, 21 CFR parts 1310 and 1313 are 
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).


Sec. 1310.05  [Amended]

    2. Section 1310.05(c) is amended by removing the words ``P.O. Box 
28346'' and adding, in their place, the words ``P.O. Box 27284''.


Sec. 1310.06  [Amended]

    3. Section 1310.06(g) is amended by removing the words ``P.O. Box 
28346'' and adding, in their place, the words ``P.O. Box 27284''.

PART 1313--[AMENDED]

    4. The authority citation for part 1313 continues to read as 
follows:

    Authority: 21 U.S.C. 802, 830, 871(b), 971.


Sec. 1313.12  [Amended]

    5. Section 1313.12(b) and (e) introductory text are amended by 
removing the words ``P.O. Box 28346'' and adding, in their place, the 
words ``P.O. Box 27284''.


Sec. 1313.21  [Amended]

    6. Section 1313.21(b) and (e) introductory text are amended by 
removing the words ``P.O. Box 28346'' and adding, in their place, the 
words ``P.O. Box 27284''.


Sec. 1313.22  [Amended]

    7. Section 1313.22(e) is amended by removing the words ``P.O. Box 
28346'' and adding, in their place, the words ``P.O. Box 27284''.


Sec. 1313.31  [Amended]

    8. Section 1313.31(b) introductory text is amended by removing the 
words ``P.O. Box 28346'' and adding, in their place, the words ``P.O. 
Box 27284''.


Sec. 1313.32  [Amended]

    9. Section 1313.32(b)(1) is amended by removing the words ``P.O. 
Box 28346'' and adding, in their place, the words ``P.O. Box 27284''.

    Dated: July 16, 2002.
Laura M. Nagel,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 02-19122 Filed 7-30-02; 8:45 am]
BILLING CODE 4410-09-P