33254 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Rules and Regulations

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.

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,

§ 162.45a is amended in this document

to include Schedule II controlled

substances. This document also makes

conforming changes to §§ 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 § 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:

§ 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 § 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:

§ 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

Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Rules and Regulations 33255

U.S.C. 881(f). Inasmuch as such

substances are Schedule I and Schedule

II controlled substances, the notice

procedures set forth in § 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:

§ 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 § 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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110 and 165

[CGD 05–99–097]

RIN 2115–AA97, AA98, AE46

OPSAIL 2000, Port of Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Port of Baltimore, Maryland for

OPSAIL 2000 activities. This action is

necessary to provide for the safety of life

on navigable waters before, during, and

after OPSAIL 2000 events. This action

will restrict vessel traffic in portions of

the Inner Harbor, the Northwest Harbor,

the Patapsco River, and the Chesapeake

Bay.

DATES: This rule is effective from 6 a.m.

on June 23, 2000 to 11:30 p.m. on June

29, 2000.

ADDRESSES: Comments and materials

received from the public as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–99–097 and are available

for inspection or copying at

Commander, (Aoax), Fifth Coast Guard

District, 431 Crawford Street,

Portsmouth, Virginia 23704–5004

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S. L.

Phillips, Project Manager, Operations

Division, Auxiliary Section, at (757)

398–6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 28, 2000 we published a

notice of proposed rulemaking (NPRM)

entitled OPSAIL 2000, Port of

Baltimore, MD, in the Federal Register

(65 FR 16355). We received no letters

commenting on the proposed rule. No

public hearing was requested and none

was held.

Background and Purpose

Sail Baltimore is sponsoring OPSAIL

2000 activities in the Port of Baltimore,

Maryland. Planned events include the

arrival of 27 Tall Ships and other

vessels on June 23, 2000 and a Parade

of Sail and scheduled departure of those

vessels on June 29, 2000.

The Coast Guard anticipates a large

spectator fleet for these events.

Operators should expect significant

vessel congestion along the arrival and

parade routes.

The purpose of these regulations is to

promote maritime safety and protect

participants and the boating public in

the Port of Baltimore and the waters of

the Chesapeake Bay immediately prior

to, during, and after the scheduled

events. The regulations will provide for

clear parade routes for the participating

vessels, establish no wake zones along

the parade routes, provide a safety

buffer around the participating vessels

while they are in transit, and in certain

anchorage areas, modify existing

anchorage regulations for the benefit of

participants and spectators. The

regulations will impact the movement of

all vessels operating in the specified

areas of the Port of Baltimore and the

Chesapeake Bay.

It may be necessary for the Coast

Guard to establish additional safety or

security zones in addition to these

regulations to safeguard dignitaries and

certain vessels participating in the

event. If the Coast Guard deems it

necessary to establish such zones at a

later date, the details of those zones will

be announced separately via the Federal

Register, Local Notice to Mariners,

Safety Voice Broadcasts, and any other

means available.

All vessel operators and passengers

are reminded that vessels carrying

passengers for hire or that have been

chartered and are carrying passengers

may have to comply with certain

additional rules and regulations beyond

the safety equipment requirements for

all pleasure craft. When a vessel is not

being used exclusively for pleasure, but

rather is engaged in carrying passengers

for hire or has been chartered and is

carrying the requisite number of

passengers, the vessel operator must

possess an appropriate license and the

vessel may be subject to inspection. The

definition of the term ‘‘passenger for

hire’’ is found in 46 U.S.C. 2101(21a). In

general, it means any passenger who has

contributed any consideration

(monetary or otherwise) either directly

or indirectly for carriage onboard the

vessel. The definition of the term

‘‘passenger’’ is found in 46 U.S.C.

2101(21). It varies depending on the

type of vessel, but generally means

individuals carried aboard vessels

except for certain specified individuals

engaged in the operation of the vessel or

the business of the owner/charterer. The

law provides for substantial penalties

for any violation of applicable license

and inspection requirements. If you

have any questions concerning the

application of the above law to your

particular case, you should contact the

Coast Guard at the address listed in

ADDRESSES for additional information.

Vessel operators are reminded they

must have sufficient facilities on board

their vessels to retain all garbage and

untreated sewage. Discharge of either

into any waters of the United States is

strictly forbidden. Violators may be

assessed civil penalties up to $25,000 or

face criminal prosecution.

We recommend that vessel operators

visiting the Port of Baltimore for this

event obtain up to date editions of

National Ocean Service Charts 12278

and 12281 to avoid anchoring within a

charted cable or pipeline area.

With the arrival of OPSAIL 2000 and

spectator vessels in the Port of

Baltimore for this event, it will be

necessary to curtail normal port

operations to some extent. Interference

will be kept to the minimum considered

necessary to ensure the safety of life on

the navigable waters immediately

before, during, and after the scheduled

events.

Discussion of Rule

The OPSAIL 2000 vessels are

scheduled to arrive on June 23, 2000

and will follow a parade route of

approximately 3 nautical miles that

includes specified waters of the Inner

Harbor and Northwest Harbor. The