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]

Agencies

• Drug Enforcement Administration
• Department of Justice

[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, https://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