Implementation of the Combat Methamphetamine Epidemic Act of 2005; Notice of Transfers Following Importation or Exportation; Temporary Stay of Certain Provisions, 28601-28602 [07-2551]

Download as PDF 28601 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations Credit for Actions Done Using Previous Service Information (m) Actions accomplished before the effective date of this AD in accordance with Boeing Service Bulletin 737–28A1263, dated February 19, 2007, are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (AMOCs) (n)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (3) AMOCs approved previously in accordance with AD 99–21–15, amendment 39–11360, are approved as AMOCs for the corresponding provisions of this AD. Material Incorporated by Reference (o) You must use applicable Boeing service bulletins specified in Table 1 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE Revision level Boeing Alert Service Bulletin 737–28A1120, as revised by Notice of Status Change NSC 01, dated May 7, 1998, Notice of Status Change NSC 02, dated May 8, 1998, and Notice of Status Change NSC 03, dated May 9, 1998. Boeing Alert Service Bulletin 737–28A1120 ............................................................................................ Boeing Alert Service Bulletin 737–28A1120 ............................................................................................ Boeing Service Bulletin 737–28A1120 ..................................................................................................... Boeing Alert Service Bulletin 737–28A1263 ............................................................................................ cprice-sewell on PRODPC61 with RULES Service Bulletin Original ........... April 24, 1998. 1 2 3 1 May 28, 1998. November 26, 1998. April 26, 2001. March 19, 2007. (1) The Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737–28A1263, Revision 1, dated March 19, 2007; and Boeing Service Bulletin 737–28A1120, Revision 3, dated April 26, 2001; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (2) On November 12, 1999 (64 FR 54763, October 8, 1999), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737–28A1120, Revision 2, dated November 26, 1998. (3) On October 15, 1998 (63 FR 52152, September 30, 1998), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737–28A1120, Revision 1, dated May 28, 1998. (4) On June 29, 1998 (63 FR 34271, June 24, 1998), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737–28A1120, dated April 24, 1998, as revised by Notice of Status Change NSC 01, dated May 7, 1998, Notice of Status Change NSC 02, dated May 8, 1998, and Notice of Status Change NSC 03, dated May 9, 1998. (5) Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124– 2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. VerDate Aug<31>2005 15:01 May 21, 2007 Jkt 211001 Issued in Renton, Washington, on May 2, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–9801 Filed 5–21–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1313 [Docket No. DEA–292N] RIN 1117–AB06 Implementation of the Combat Methamphetamine Epidemic Act of 2005; Notice of Transfers Following Importation or Exportation; Temporary Stay of Certain Provisions Drug Enforcement Administration (DEA), Justice. ACTION: Interim final rule with request for comment; temporary stay of provisions. AGENCY: SUMMARY: On April 9, 2007, the Drug Enforcement Administration (DEA) published an Interim Final Rule with Request for Comment in the Federal Register (72 FR 17401) implementing the provisions of section 716 of the Combat Methamphetamine Epidemic Act of 2005 (CMEA) (21 U.S.C. 971 as amended), enacted March 9, 2006, which required additional reporting for import, export, and international transactions involving all List I and List II chemicals. Subsequent to publication of the Interim Final Rule, DEA received PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 ...................... ...................... ...................... ...................... Date both written and verbal comments from the regulated industry requesting the delay of the effective date of the rulemaking to allow industry more time to fully comply with the new provisions. The rule became effective May 9, 2007. After careful consideration of the comments received, DEA is temporarily staying the provisions of the Interim Final Rule with Request for Comment published April 9, 2007, by 30 days, from May 9, 2007 to June 8, 2007. DATES: Effective May 22, 2007, through June 7, 2007, the provisions of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35 are temporarily stayed. FOR FURTHER INFORMATION CONTACT: Mark W. Caverly, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537 at (202) 307–7297. SUPPLEMENTARY INFORMATION: Background On March 9, 2006, the President signed the Combat Methamphetamine Epidemic Act of 2005 (CMEA), which is Title VII of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Pub. L. 109–177). On April 9, 2007, the Drug Enforcement Administration (DEA) published an Interim Final Rule with Request for Comment (72 FR 17401) implementing section 716 of the CMEA. That section addressed the importation, exportation, and international transactions of all List I and List II chemicals. Briefly, section 716 of the CMEA (21 U.S.C. 971 as E:\FR\FM\22MYR1.SGM 22MYR1 28602 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations amended) extends the current reporting requirements—as well as the current exemption for regular importers and regular customers—to post-import and post-export transactions of List I and List II chemicals. With implementation of the Interim Final Rule with Request for Comment, importers, exporters, brokers, and traders are required to notify DEA, before the transaction is to take place, of certain information regarding their downstream customers. This person is referred to as the ‘‘transferee’’ of the United States importer, exporter, broker or trader. Notification occurs on a new DEA Form 486. If the transferee changes, or the quantity of the chemical is increased after initial notification to DEA, the importer, exporter, broker or trader must file an amended DEA Form 486 with DEA. Within 30 days after the importation, exportation, or international transaction is completed, the importer, exporter, broker, or trader must send DEA a return declaration containing information regarding the transaction. The requirements of section 716 and the implementing regulations were discussed extensively in DEA’s Interim Final Rule with Request for Comment published April 9, 2007. This Interim Final Rule became effective May 9, 2007. cprice-sewell on PRODPC61 with RULES Comments Received Subsequent to publication of the Interim Final Rule, DEA received two written requests for a delay of the effective date of the rule, one from a national chemical association and the other from a large chemical company. Commenters indicated that more time was needed to fully comply with the provisions of the Interim Final Rule. Commenters also sought clarification regarding procedural implementation of the rule. DEA also received verbal communications from other organizations and individual registrants regarding procedural concerns and requests for clarification regarding the rule. Temporary Stay of Provisions After careful consideration of the concerns expressed by the regulated industry, DEA is temporarily staying certain provisions of the Interim Final Rule with Request for Comment published April 9, 2007. Specifically, DEA is temporarily staying the following provisions: • The waiver of the 15-day advance notification requirement for importations of a listed chemical for which the importer intends to transfer the listed chemical to a person who is a regular customer of the chemical; VerDate Aug<31>2005 15:01 May 21, 2007 Jkt 211001 • The requirement that importers, exporters, brokers and traders notify DEA of the transferee of the listed chemical; • The requirement that importers, exporters, brokers and traders amend the advance notification (DEA Form 486) if the transferee changes or the quantity of the chemical to be transferred increases; and • The requirement that importers, exporters, brokers and traders file return declarations regarding importations, exportations, and international transactions with DEA. These provisions are being temporarily stayed until June 8, 2007. This temporary stay applies only to those provisions implemented by section 716 of CMEA. All other provisions regarding the importation, exportation, and international transactions involving List I and List II chemicals remain in full force and effect. Implementation of the Interim Final Rule Published April 9, 2007 The following implementation guidance is provided pursuant to the temporary stay of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35. Effective June 8, 2007, all United States importers, exporters, brokers and traders of List I and List II chemicals must use the revised DEA Form 486 to notify DEA of their imports, exports, and international transactions. This revised form is available on the Diversion Control Program Web site, http://www.deadiversion.usdoj.gov. Persons who submit import, export, and international transaction advance notifications to DEA on the new form prior to June 8, 2007, are not required to provide a return declaration to DEA regarding those transactions. Effective June 8, 2007, all persons previously granted regular importer status will no longer hold that status. Every import of a List I and List II chemical must be reported to DEA not later than 15 days prior to the proposed importation. This report must include the name of the person to whom the chemical is proposed to be transferred and the amount of the chemical proposed to be transferred. As DEA discussed in the April 9, 2007, Interim Final Rule, DEA will evaluate each proposed importation based not only on the chemical to be imported but on the transferee information supplied by the importer as well. This process will allow for the establishment of regular customer status by transferees of United States importers, and for establishment PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 of regular importer status by importers importing a specific listed chemical intended for sale to a specific customer. Effective June 8, 2007, all persons importing, exporting, and conducting international transactions involving List I and List II chemicals must provide return declarations to DEA. Pursuant to the authority of the Attorney General to promulgate and enforce rules and regulations under the Controlled Substances Act (21 U.S.C. 871(b)), as delegated to the Deputy Assistant Administrator of the Office of Diversion Control by 28 CFR Part 0, Appendix to Subpart R, section 7, effective May 22, 2007, through June 7, 2007, the provisions of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35 are temporarily stayed. Dated: May 15, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control. [FR Doc. 07–2551 Filed 5–18–07; 8:59 am] BILLING CODE 4410–09–P DEPARTMENT OF STATE 22 CFR Part 126 [Public Notice: 5801] Amendment of the International Traffic in Arms Regulations: Policy With Respect to Somalia Department of State. Final rule. AGENCY: ACTION: SUMMARY: Notice is hereby given that the Department of State is amending the International Traffic in Arms Regulations (ITAR) regarding Somalia at 22 CFR 126.1 to make it United States policy to consider on a case-by-case basis licenses, or other approvals, for exports of defense articles and defense services destined for Somalia that conform to the provisions of United Nations Security Council resolution 1744, which amends United Nations Security Council resolution 733. The United States will deny licenses, other approvals, exports or imports of defense articles and defense services destined for or originating in Somalia that do not conform to the provisions of the resolution. EFFECTIVE DATE: This rule is effective upon publication of this Federal Register Notice. ADDRESSES: Interested parties may submit comments at any time by any of the following methods: E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28601-28602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2551]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1313

[Docket No. DEA-292N]
RIN 1117-AB06


Implementation of the Combat Methamphetamine Epidemic Act of 
2005; Notice of Transfers Following Importation or Exportation; 
Temporary Stay of Certain Provisions

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Interim final rule with request for comment; temporary stay of 
provisions.

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SUMMARY: On April 9, 2007, the Drug Enforcement Administration (DEA) 
published an Interim Final Rule with Request for Comment in the Federal 
Register (72 FR 17401) implementing the provisions of section 716 of 
the Combat Methamphetamine Epidemic Act of 2005 (CMEA) (21 U.S.C. 971 
as amended), enacted March 9, 2006, which required additional reporting 
for import, export, and international transactions involving all List I 
and List II chemicals. Subsequent to publication of the Interim Final 
Rule, DEA received both written and verbal comments from the regulated 
industry requesting the delay of the effective date of the rulemaking 
to allow industry more time to fully comply with the new provisions. 
The rule became effective May 9, 2007. After careful consideration of 
the comments received, DEA is temporarily staying the provisions of the 
Interim Final Rule with Request for Comment published April 9, 2007, by 
30 days, from May 9, 2007 to June 8, 2007.

DATES: Effective May 22, 2007, through June 7, 2007, the provisions of 
21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 
1313.27, 1313.32(d), 1313.32(e), and 1313.35 are temporarily stayed.

FOR FURTHER INFORMATION CONTACT: Mark W. Caverly, Chief, Liaison and 
Policy Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537 at (202) 307-7297.

SUPPLEMENTARY INFORMATION:

Background

    On March 9, 2006, the President signed the Combat Methamphetamine 
Epidemic Act of 2005 (CMEA), which is Title VII of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (Pub. L. 109-177). On April 
9, 2007, the Drug Enforcement Administration (DEA) published an Interim 
Final Rule with Request for Comment (72 FR 17401) implementing section 
716 of the CMEA. That section addressed the importation, exportation, 
and international transactions of all List I and List II chemicals. 
Briefly, section 716 of the CMEA (21 U.S.C. 971 as

[[Page 28602]]

amended) extends the current reporting requirements--as well as the 
current exemption for regular importers and regular customers--to post-
import and post-export transactions of List I and List II chemicals. 
With implementation of the Interim Final Rule with Request for Comment, 
importers, exporters, brokers, and traders are required to notify DEA, 
before the transaction is to take place, of certain information 
regarding their downstream customers. This person is referred to as the 
``transferee'' of the United States importer, exporter, broker or 
trader. Notification occurs on a new DEA Form 486. If the transferee 
changes, or the quantity of the chemical is increased after initial 
notification to DEA, the importer, exporter, broker or trader must file 
an amended DEA Form 486 with DEA. Within 30 days after the importation, 
exportation, or international transaction is completed, the importer, 
exporter, broker, or trader must send DEA a return declaration 
containing information regarding the transaction. The requirements of 
section 716 and the implementing regulations were discussed extensively 
in DEA's Interim Final Rule with Request for Comment published April 9, 
2007. This Interim Final Rule became effective May 9, 2007.

Comments Received

    Subsequent to publication of the Interim Final Rule, DEA received 
two written requests for a delay of the effective date of the rule, one 
from a national chemical association and the other from a large 
chemical company. Commenters indicated that more time was needed to 
fully comply with the provisions of the Interim Final Rule. Commenters 
also sought clarification regarding procedural implementation of the 
rule. DEA also received verbal communications from other organizations 
and individual registrants regarding procedural concerns and requests 
for clarification regarding the rule.

Temporary Stay of Provisions

    After careful consideration of the concerns expressed by the 
regulated industry, DEA is temporarily staying certain provisions of 
the Interim Final Rule with Request for Comment published April 9, 
2007. Specifically, DEA is temporarily staying the following 
provisions:
     The waiver of the 15-day advance notification requirement 
for importations of a listed chemical for which the importer intends to 
transfer the listed chemical to a person who is a regular customer of 
the chemical;
     The requirement that importers, exporters, brokers and 
traders notify DEA of the transferee of the listed chemical;
     The requirement that importers, exporters, brokers and 
traders amend the advance notification (DEA Form 486) if the transferee 
changes or the quantity of the chemical to be transferred increases; 
and
     The requirement that importers, exporters, brokers and 
traders file return declarations regarding importations, exportations, 
and international transactions with DEA.
    These provisions are being temporarily stayed until June 8, 2007.
    This temporary stay applies only to those provisions implemented by 
section 716 of CMEA. All other provisions regarding the importation, 
exportation, and international transactions involving List I and List 
II chemicals remain in full force and effect.

Implementation of the Interim Final Rule Published April 9, 2007

    The following implementation guidance is provided pursuant to the 
temporary stay of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 
1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35.
    Effective June 8, 2007, all United States importers, exporters, 
brokers and traders of List I and List II chemicals must use the 
revised DEA Form 486 to notify DEA of their imports, exports, and 
international transactions. This revised form is available on the 
Diversion Control Program Web site, http://www.deadiversion.usdoj.gov.
    Persons who submit import, export, and international transaction 
advance notifications to DEA on the new form prior to June 8, 2007, are 
not required to provide a return declaration to DEA regarding those 
transactions.
    Effective June 8, 2007, all persons previously granted regular 
importer status will no longer hold that status. Every import of a List 
I and List II chemical must be reported to DEA not later than 15 days 
prior to the proposed importation. This report must include the name of 
the person to whom the chemical is proposed to be transferred and the 
amount of the chemical proposed to be transferred. As DEA discussed in 
the April 9, 2007, Interim Final Rule, DEA will evaluate each proposed 
importation based not only on the chemical to be imported but on the 
transferee information supplied by the importer as well. This process 
will allow for the establishment of regular customer status by 
transferees of United States importers, and for establishment of 
regular importer status by importers importing a specific listed 
chemical intended for sale to a specific customer.
    Effective June 8, 2007, all persons importing, exporting, and 
conducting international transactions involving List I and List II 
chemicals must provide return declarations to DEA.
    Pursuant to the authority of the Attorney General to promulgate and 
enforce rules and regulations under the Controlled Substances Act (21 
U.S.C. 871(b)), as delegated to the Deputy Assistant Administrator of 
the Office of Diversion Control by 28 CFR Part 0, Appendix to Subpart 
R, section 7, effective May 22, 2007, through June 7, 2007, the 
provisions of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 
1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35 are 
temporarily stayed.

    Dated: May 15, 2007.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 07-2551 Filed 5-18-07; 8:59 am]
BILLING CODE 4410-09-P