Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Rules and Regulations 17401 

(7) Any other pertinent information 

with respect to the accidental radiation 

occurrence. 

* * * * * 

■ 22. In § 1002.50, paragraph (c)(3) is 

revised to read as follows: 

§ 1002.50 Special exemptions. 

* * * * * 

(c) * * * 

(3) Such conditions as are deemed 

necessary to protect the public health 

and safety. Copies of exemptions shall 

be available upon request from the 

Center for Devices and Radiological 

Health, Office of Communication, 

Education, and Radiation Programs 

(HFZ–240), 9200 Corporate Blvd., 

Rockville, MD 20850. 

* * * * * 

PART 1005—IMPORTATION OF 

ELECTRONIC PRODUCTS 

■ 23. The authority section for part 1005 

continues to read as follows: 

Authority: 42 U.S.C. 263d, 263h. 

■ 24. Section 1005.11 is revised to read 

as follows: 

§ 1005.11 Payment for samples. 

The Department of Health and Human 

Services will pay for all import samples 

of electronic products rendered 

unsalable as a result of testing, or will 

pay the reasonable costs of repackaging 

such samples for sale, if the samples are 

found to be in compliance with the 

requirements of the Radiation Control 

for Health and Safety Act of 1968. 

Billing for reimbursement shall be made 

by the owner or consignee to the Center 

for Devices and Radiological Health 

(HFZ–204), 9200 Corporate Blvd., 

Rockville, MD 20857. Payment for 

samples will not be made if the sample 

is found to be in violation of the Act, 

even though subsequently brought into 

compliance pursuant to terms specified 

in a notice of permission issued under 

§ 1005.22. 

■ 25. In § 1005.25, paragraph (b) is 

revised to read as follows: 

§ 1005.25 Service of process on 

manufacturers. 

* * * * * 

(b) A manufacturer designating an 

agent must address the designation to 

the Center for Devices and Radiological 

Health (HFZ–240), 9200 Corporate 

Blvd., Rockville, MD 20850. It must be 

in writing and dated; all signatures must 

be in ink. The designation must be made 

in the legal form required to make it 

valid and binding on the manufacturer 

under the laws, corporate bylaws, or 

other requirements governing the 

making of the designation by the 

manufacturer at the place and time 

where it is made, and the persons or 

person signing the designation shall 

certify that it is so made. The 

designation must disclose the 

manufacturer’s full legal name and the 

name(s) under which the manufacturer 

conducts the business, if applicable, the 

principal place of business, and mailing 

address. If any of the products of the 

manufacturer do not bear his legal 

name, the designation must identify the 

marks, trade names, or other 

designations of origin which these 

products bear. The designation must 

provide that it will remain in effect until 

withdrawn or replaced by the 

manufacturer and shall bear a 

declaration of acceptance duly signed 

by the designated agent. The full legal 

name and mailing address of the agent 

must be stated. Until rejected by the 

Secretary, designations are binding on 

the manufacturer even when not in 

compliance with all the requirements of 

this section. The designated agent may 

not assign performance of his function 

under the designation to another. 

* * * * * 

PART 1020—PERFORMANCE 

STANDARDS FOR IONIZING 

RADIATION EMITTING PRODUCTS 

■ 26. The authority section for part 1020 

continues to read as follows: 

Authority: 21 U.S.C. 351, 352, 360e–360j, 

360gg–360ss, 371, 381. 

■ 27. In § 1020.30, paragraph (c) is 

revised to read as follows: 

§ 1020.30 Diagnostic x-ray systems and 

their major components. 

* * * * * 

(c) Manufacturers’ responsibility. 

Manufacturers of products subject to 

§§ 1020.30 through 1020.33 shall certify 

that each of their products meet all 

applicable requirements when installed 

into a diagnostic x-ray system according 

to instructions. This certification shall 

be made under the format specified in 

§ 1010.2 of this chapter. Manufacturers 

may certify a combination of two or 

more components if they obtain prior 

authorization in writing from the 

Director of the Office of 

Communication, Education, and 

Radiation Programs of the Center for 

Devices and Radiological Health. 

Manufacturers shall not be held 

responsible for noncompliance of their 

products if that noncompliance is due 

solely to the improper installation or 

assembly of that product by another 

person; however, manufacturers are 

responsible for providing assembly 

instructions adequate to assure 

compliance of their components with 

the applicable provisions of §§ 1020.30 

through 1020.33. 

* * * * * 

Dated: March 28, 2007. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. E7–6290 Filed 4–6–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Parts 1300 and 1313 

[Docket No. DEA–292I] 

RIN 1117–AB06 

Implementation of the Combat 

Methamphetamine Epidemic Act of 

2005; Notice of Transfers Following 

Importation or Exportation 

AGENCY: Drug Enforcement 

Administration (DEA), Justice. 

ACTION: Interim Final Rule with Request 

for Comment. 

SUMMARY: This regulation implements 

section 716 of the Combat 

Methamphetamine Epidemic Act 

(CMEA) of 2005 (21 U.S.C. 971 as 

amended), which was enacted on March 

9, 2006. DEA is amending its regulations 

to require additional reporting for 

import, export, and international 

transactions involving all List I and List 

II chemicals. This rule implements 

section 716 of the CMEA which extends 

current reporting requirements for 

importations, exportations, and 

international transactions involving List 

I and List II chemicals. 

DATES: This rule is effective May 9, 

2007. Written comments must be 

postmarked, and electronic comments 

must be sent, on or before May 9, 2007. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–292’’ on all written and 

electronic correspondence. Written 

comments being sent via regular mail 

should be sent to the Deputy Assistant 

Administrator, Office of Diversion 

Control, Drug Enforcement 

Administration, Washington, DC 20537, 

Attention: DEA Federal Register 

Representative/ODL. Written comments 

sent via express mail should be sent to 

DEA Headquarters, Attention: DEA 

Federal Register Representative/ODL, 

2401 Jefferson-Davis Highway, 

Alexandria, VA 22301. Comments may 

be directly sent to DEA electronically by 

sending an electronic message to 

dea.diversion.policy@usdoj.gov. 


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17402 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Rules and Regulations 

Comments may also be sent 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the http:// 

www.regulations.gov Web site. DEA will 

accept attachments to electronic 

comments in Microsoft Word, 

WordPerfect, Adobe PDF, or Excel file 

formats only. DEA will not accept any 

file formats other than those specifically 

listed here. 

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: 

DEA’s Legal Authority 

DEA implements the Comprehensive 

Drug Abuse Prevention and Control Act 

of 1970, often referred to as the 

Controlled Substances Act (CSA) and 

Controlled Substances Import and 

Export Act (21 U.S.C. 801 et seq.), as 

amended. DEA publishes the 

implementing regulations for this 

statute in Title 21 of the Code of Federal 

Regulations (CFR), Parts 1300 to end. 

These regulations are designed to ensure 

that there is a sufficient supply of 

controlled substances for legitimate 

medical purposes and to deter the 

diversion of controlled substances to 

illegal purposes. The CSA mandates that 

DEA establish a closed system of control 

for manufacturing, distributing, and 

dispensing controlled substances. Any 

person who manufactures, distributes, 

dispenses, imports, exports, or conducts 

research or chemical analysis with 

controlled substances must register with 

DEA (unless exempt) and comply with 

the applicable requirements for the 

activity. The CSA as amended also 

requires DEA to regulate the 

manufacture and distribution of 

chemicals that may be used to 

manufacture controlled substances. 

Listed chemicals that are classified as 

List I chemicals are important to the 

manufacture of controlled substances. 

Those classified as List II chemicals may 

be used to manufacture controlled 

substances. 

On March 9, 2006, the President 

signed the CMEA of 2005, which is Title 

VII of the USA PATRIOT Improvement 

and Reauthorization Act of 2005 (Pub. 

L. 109–177). DEA is promulgating this 

rule as an interim final rule rather than 

a proposed rule because the changes 

being made merely codify statutory 

provisions. Much of the statute is selfimplementing; the changes discussed in 

this rule became effective on March 9, 

2006. An agency may find good cause to 

exempt a rule from certain provisions of 

the Administrative Procedure Act (APA) 

(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. The requirements of the CMEA 

of 2005 included in this rulemaking 

were set out in such detail as to be selfimplementing. Therefore the changes in 

this rulemaking provide conforming 

amendments to make the language of 

the regulations consistent with that of 

the law. DEA has no authority to revise 

the changes and is simply 

implementing, and making its 

regulations conform to, the statute. 

Combat Methamphetamine Epidemic 

Act of 2005 

The portion of the CMEA being 

implemented in this rulemaking 

addresses the importation, exportation, 

and international transactions of all List 

I and List II chemicals. Section 716 of 

the CMEA (21 U.S.C. 971 as amended) 

closes a loophole in the current 

regulatory system for imports, exports, 

and international transactions of listed 

chemicals used in the illicit 

manufacture of controlled substances. 

Prior to enactment of the CMEA, a 

company that wanted to import or 

export any List I or List II chemical was 

required to either: (1) Notify the 

Department of Justice 15 days in 

advance of the import or export; or (2) 

be a company that previously imported 

or exported a listed chemical and that 

was proposing to import from or export 

the chemicals to a customer with whom 

the company had previously dealt. (See 

21 U.S.C. 971(a), (b)) 

A problem can arise, however, when 

the sale that the importer or exporter 

originally planned falls through. When 

this happens, the importer or exporter 

must quickly find a new buyer for the 

chemicals on what is called the ‘‘spot 

market’’—a wholesale market. Sellers 

are often under presure to find a buyer 

in a short amount of time, meaning that 

they may be tempted to entertain bids 

from companies without a strong record 

of preventing diversion. More 

importantly, DEA is not made aware of, 

and has no opportunity to review, such 

transactions in advance in order to 

suspend them if there is a danger of 

diversion to the clandestine 

manufacture of a controlled substance. 

Section 716 of the CMEA 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. Importers, exporters, brokers, 

and traders are now required to notify 

DEA, before the transaction is to take 

place, of certain information regarding 

their downstream customers. If the 

person to whom the chemical is being 

transferred is not a regular customer, the 

importer, exporter, broker, or trader 

must notify DEA no later than 15 days 

before the transaction is to take place; 

upon receipt, DEA will have 15 days to 

review the notification. Specifically, the 

United States importer or exporter must 

provide the name and address of each 

person to whom the listed chemicals 

will be transferred, and the name and 

quantity of the listed chemicals to be 

transferred, including package 

information. This person is referred to 

as the ‘‘transferee’’ of the United States 

importer or exporter. The spot market 

reporting requirements also apply, to a 

limited extent, to United States brokers 

and traders that arrange international 

transactions (i.e., transactions between 

customers in two foreign countries). 

For a United States exporter, the 

transferee is the foreign importer. Thus, 

this aspect of the new requirement does 

not represent a change for United States 

exporters, who have previously notified 

DEA of information on their purchasers. 

For a United States broker or trader, the 

transferee is the foreign customer 

purchasing the listed chemicals. Again, 

this requirement is not a change for 

brokers and traders, who have 

previously notified DEA of information 

on their purchasers. 

The requirement is, however, a 

change for United States importers. For 

a United States importer, the 

‘‘transferee’’ is the person to whom the 

importer transfers the listed chemicals—

the downstream customer. Until the 

CMEA, importers were required to 

provide information regarding their 

suppliers, but not regarding the parties 

purchasing the chemicals in the United 

States. Under the CMEA, importers will 

have to list both the foreign supplier 

and each United States customer for the 

imported chemical. 

The provision of customer 

information by the importer provides 

DEA with an opportunity to evaluate the 

transaction. DEA will have 15 days from 

the time the customer information is 

submitted to review the transaction and 

determine whether it may be diverted to 

the clandestine manufacture of a 

controlled substance. If DEA determines 

that the transaction does not pose an 

unacceptable risk of diversion, DEA will 

take no action. The importer will thus 

be granted regular importer status for 

transactions involving the specific 

chemical to be imported to the specific 


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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Rules and Regulations 17403 

customer. The transferee—the 

downstream customer—will be granted 

regular customer status for imports of 

the specified chemical by the specified 

importer. DEA must review each import 

transaction based not only on the 

chemical to be imported, but also on the 

transferee to whom the chemical will be 

transferred. 

If, after submission of the initial DEA 

Form 486, Import/Export Declaration, 

the importer, exporter, broker, or trader 

will not be transferring the listed 

chemical to the person initially named 

on the DEA Form 486, or if the importer 

or exporter will be transferring a greater 

quantity than originally indicated on the 

DEA Form 486, then the importer, 

exporter, broker, or trader must file an 

amended DEA Form 486 reporting the 

change. This is a new requirement for 

both United States importers and 

exporters, as well as brokers and traders. 

This amendment must provide the name 

of the new prospective customer and/or 

the greater quantity of the listed 

chemical to be transferred. The 

requirement to notify DEA of a change 

in the transferee or an increase in the 

quantity of the chemical to be 

transferred applies to amended DEA 

Forms 486 in the same manner that it 

applies to original submissions. 

Thus, if an importer, exporter, broker, 

or trader is required to file an initial 

advance notice with DEA 15 days before 

the transaction is to take place, and the 

originally planned sale falls through, the 

importer, exporter, broker, or trader is 

required to file a second advance notice 

with DEA, identifying the new proposed 

purchaser. DEA will again have 15 days 

to review the new transaction and 

determine whether it may be diverted to 

the clandestine manufacture of a 

controlled substance. In the case of a 

transaction reported by a broker or 

trader, DEA cannot suspend the 

transaction, but could alert authorities 

in the foreign country involved in the 

transaction of the risk of diversion. In 

addition, even if an importer or exporter 

did not have to file an initial 

notification—either because he is a 

regular importer selling to a regular 

customer, or an exporter selling to a 

regular customer—if the newly arranged 

spot market sale is to a new customer 

(i.e., not a ‘‘regular customer’’), the 

importer or exporter must file an 

advance notice 15 days prior to 

transferring the chemical to the new 

customer. As is the case under existing 

law, a suspension can be appealed 

through an administrative hearing. (See 

21 U.S.C. 971(c)(2)) 

If, however, the new proposed 

purchaser qualifies as a ‘‘regular 

customer’’ under existing law, the 

importer or exporter is not required to 

file a second advance notice 15 days 

prior to the transfer of the listed 

chemical. Rather, notice must be filed 

on or before the date of the transfer. 

Note that the second notice may occur 

after importation or exportation. 

(Brokers and traders are required to 

report all regulated international 

transactions.) 

If DEA determines that a listed 

chemical shipment handled by a regular 

importer or a regular customer 

(including a regular customer who is 

substituted for the original customer 

listed on the original advance 

notification) may be diverted to the 

clandestine manufacture of a controlled 

substance, DEA may disqualify the 

regular importer or regular customer 

status of such importer or customer and 

may suspend the shipment. If the 

importer or customer (including a new 

proposed customer) is not a regular 

importer or customer, then DEA may 

suspend the shipment, since there 

would be no regular importer or regular 

customer status to disqualify. The 

procedures are set forth in the new 

regulatory text at 21 CFR 1313.16(d). 

Similarly, in the case of an export of a 

listed chemical that may be diverted to 

the clandestine manufacture of a 

controlled substance, DEA may 

disqualify the regular customer status of 

the transferee and suspend the 

shipment. See 21 CFR 1313.26(d). 

Finally, 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, including the name of the 

transferee, date the import or export and 

any subsequent transfer occurred, the 

name of the chemical transferred, the 

actual quantity transferred, the 

container, and any other information 

that DEA may specify. This is a new 

requirement for United States importers, 

exporters, brokers, and traders. For 

importers, a single return declaration 

may include the information for both 

the importation and distribution. If the 

importer has not distributed all 

chemicals imported by the end of the 

initial 30-day period, the importer must 

file supplemental return declarations no 

later than 30 days from the date of any 

further distribution, until the 

distribution or other disposition of all 

chemicals imported under the import 

notification or any update are accounted 

for. In addition, if an importer, exporter, 

broker, or trader files a DEA Form 486, 

but the transfer covered fails to take 

place (e.g., the import or export is 

canceled prior to shipment), the person 

must file an amended DEA Form 486 to 

notify DEA of the cancellation. These 

additional filings will ensure that DEA 

has an accurate record of importations, 

exportations, and international 

transactions. 

Summary of Changes Made by This 

Interim Final Rule 

The table below provides a 

comparison of the previous 

requirements regarding imports, 

exports, and international transactions 

with the new requirements of the 

CMEA: 

TABLE 1.—COMPARISON OF PREVIOUS AND NEW REQUIREMENTS

Requirement Previous rule New rule 

Notify DEA prior to import/export/international transactions ........................................................................................... Yes ................. Yes. 

Identify source of imports/international transactions ....................................................................................................... Yes ................. Yes. 

Identify transferees of exports/international transactions ............................................................................................... Yes ................. Yes. 

Identify transferees (downstream customers) of imports ................................................................................................ No ................... Yes. 

Notify DEA of change in transferees of exports and international transactions prior to transaction ............................. No ................... Yes. 

Notify DEA of change in transferees (downstream customers) of imports prior to transaction ..................................... No ................... Yes. 

Notify DEA of increase in chemical quantity transferred for exports and international transactions prior to transaction.No ................... Yes. 

Notify DEA of increase in chemical quantity transferred for import transactions prior to transaction ........................... No ................... Yes. 

File return declaration when imports/exports and international transactions are distributed ......................................... No ................... Yes. 

File subsequent return declaration if entire quantity of import not distributed within 30 days of importation ................ No ................... Yes. 


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17404 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Rules and Regulations 

Specific Changes Made by This Interim 

Final Rule 

In this interim final rule, DEA is 

incorporating the provisions of section 

716 of the CMEA into Title 21 of the 

Code of Federal Regulations. Specific 

changes are discussed below. 

Certain definitions relating to listed 

chemicals in section 1300.02 are being 

revised or amended. The definition of 

‘‘established business relationship’’ is 

being revised to remove language 

regarding foreign customers; this 

definition is now a general definition 

relating to any business relationship, 

either import or export. Further, parts of 

this definition are moved to new 

Section 1313.05, requirements of an 

established business relationship. The 

definition of ‘‘established record as an 

importer’’ is being revised by moving 

certain information into new Section 

1313.08. Finally, the definition of 

‘‘regular customer’’ is being revised to 

update the cross reference. 

As noted previously, Section 1313.05 

is added to specify requirements of an 

established business relationship. 

Information in this section was 

previously found in the definition of 

‘‘established business relationship.’’

As noted previously, Section 1313.08 

is added to specify requirements for 

establishing a record as an importer. 

Information in this section was 

previously found in the definition of 

‘‘established record as an importer.’’

Section 1313.15(a) is being amended to 

update the cross reference accordingly. 

Section 1313.12, requirement of 

authorization to import, is amended by 

revising paragraph (c) to add the 

requirement that, to qualify for a waiver 

of the 15 day advance notice, not only 

does the importer have to be known to 

DEA as a regular importer, but also that 

the customer must meet the 

requirements in Section 1313.05 to be 

regarded as a regular customer. The 

effect of this new requirement is that, 

effective May 9, 2007, all persons 

previously granted regular importer 

status will be required to provide 

advance notification of imports with 

information regarding transferees, even 

for customers that they did business 

with in the past. This advance 

notification will provide DEA the 

opportunity to review and approve the 

customer as a regular customer (see the 

new definition in Section 1300.02 and 

the requirements in new Section 

1313.05). If the 15-day notification 

period elapses without DEA taking 

action, then that importer is granted 

regular importer status for all imports of 

that particular chemical intended for the 

specified customer. 

Section 1313.13, contents of import 

declaration, is amended by requiring the 

importer to provide information 

regarding the person or persons to 

whom the importer intends to transfer 

the chemical. 

Section 1313.16 is added to specify 

requirements regarding transfers after 

importation, Section 1313.26 is added to 

specify requirements regarding transfers 

after exportation, and Section 1313.32 is 

amended to specify requirements for 

brokers and traders regarding 

international transactions. These 

requirements specify what the U.S. 

importer, the U.S. exporter, or the U.S. 

broker or trader must do if an originally 

planned sale falls through and the 

importer or exporter arranges a 

subsequent spot market sale, as 

explained earlier in the preamble. For 

brokers and traders, the situation is 

somewhat more complicated because 

the broker or trader does not control the 

sale. If a transaction is not completed, 

the broker or trader could be asked to 

find another buyer for the chemical or 

the broker or trader may not be involved 

in arranging the subsequent sale. If the 

broker or trader arranges a subsequent 

sale to replace the previously arranged 

transaction, this transaction is a new 

transaction and must be reported as 

such; a return declaration must be filed 

when the transaction is completed. 

Sections 1313.17(a), 1313.27(a), and 

1313.35(a) are added to specify the 

requirement that within 30 days of the 

completion of a transaction, the 

importer, exporter, broker, or trader 

must send DEA a return declaration 

containing information regarding the 

transaction, including the name of the 

transferee, date the import, export, or 

international transaction and any 

subsequent transfer occurred, the name 

of the chemical transferred, the actual 

quantity transferred, the container, and 

any other information that DEA may 

specify. 

Sections 1313.17(b), 1313.27(b), and 

1313.35(b) are added to specify the 

requirement that if an importation, 

exportation, or international transaction 

reported on a DEA Form 486 fails to be 

completed, the importer, exporter, 

broker, or trader must file an 

amendment to the Form 486 to notify 

DEA. 

Revision of DEA Form 486: Import/ 

Export Declaration for Precursor and 

Essential Chemicals 

To comply with the changes made to 

the Controlled Substances Act by the 

Combat Methamphetamine Epidemic 

Act of 2005, DEA is revising the existing 

DEA Form 486, Import/Export 

Declaration. DEA notes that this form 

has not been revised or amended since 

its inception in 1989. Thus, this form 

has not kept pace with subsequent 

legislation including the Domestic 

Chemical Diversion Control Act of 1993, 

the Comprehensive Methamphetamine 

Control Act of 1996, and the 

Methamphetamine Anti-Proliferation 

Act of 2000. Therefore, some of the 

changes DEA is making to this form are 

not directly related to the CMEA. 

However, these changes are necessary 

for ease of use and clarity of the form. 

Changes being made include the 

following: 

• Changing the title of the form to: 

‘‘Import/Export Declaration for List I 

and List II Chemicals’’ to more 

accurately characterize the use of the 

form. 

• Adding a check box for 

‘‘international transaction’’ in addition 

to existing fields for ‘‘import’’ and 

‘‘export.’’

• Adding fields for DEA registration 

number and company identifier, if 

applicable. 

• Adding a field for the foreign 

permit number, if applicable. 

• Adding check boxes for the type of 

submission of the form: ‘‘original,’’

‘‘amended,’’ and ‘‘withdrawn.’’

• Adding fields for the actual date 

and quantity imported. 

• Adding fields for reporting by 

importers of the person to whom the 

listed chemical will be transferred, the 

downstream customer, per requirements 

of the CMEA. 

• Adding fields regarding return 

declaration by importers and exporters. 

• Removing the certification by the 

Customs District Director; this 

certification is now the responsibility of 

the importer or exporter as part of the 

return declaration. 

• Eliminating a number of fields, 

including: gross weight of chemicals 

imported/exported; intermediate 

carriers; address of intermediate 

consignees. 

• Reorganizing layout for clarity. 

Implementation of This Rule 

Effective May 9, 2007, all United 

States importers and exporters of List I 

and List II chemicals must use the 

revised DEA Form 486 to notify DEA of 

their imports and exports. This revised 

form will be available on the Diversion 

Control Program Web site, http:// 

www.deadiversion.usdoj.gov. 

Effective May 9, 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 


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the name of the person to whom the 

chemical is proposed to be transferred 

and the amount of the chemical 

proposed to be transferred. 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 May 9, 2007, all persons 

importing and exporting List I and List 

II chemicals must provide the above 

discussed return declarations to DEA. 

Note Regarding Importation of the 

List I Chemicals Ephedrine, 

Pseudoephedrine, and 

Phenylpropanolamine 

This rulemaking addresses all List I 

and List II chemicals. While ephedrine, 

pseudoephedrine, and 

phenylpropanolamine are List I 

chemicals and are covered by these 

regulations, other provisions of section 

721 of the CMEA require the reporting 

of certain information regarding the 

foreign chain of distribution of these 

three List I chemicals. Other provisions 

of the CMEA require that these three 

List I chemicals be imported only if 

there is a medical, scientific, or other 

legitimate purpose for these chemicals. 

DEA is addressing these provisions in a 

separate rulemaking. Persons importing 

ephedrine, pseudoephedrine, and 

phenylpropanolamine are required to 

comply with the provisions of this rule 

until such time as the rulemaking 

regarding provision of information 

about the foreign chain of distribution is 

promulgated. At that time, persons 

importing these three List I chemicals 

will then be subject to those additional 

requirements. 

Further, since the CMEA requires that 

these three List I chemicals be imported 

only if there is a medical, scientific, or 

other legitimate purpose for these 

chemicals, DEA must establish import 

quotas for ephedrine, pseudoephedrine, 

and phenylpropanolamine. DEA is 

addressing these provisions in separate 

rulemakings. 

Regulatory Certifications 

Administrative Procedure Act (5 U.S.C. 

553) 

The Administrative Procedure Act 

(APA) generally requires agencies to 

publish a notice of proposed rulemaking 

and allow for a period of public 

comment prior to implementing new 

rules. The APA also provides, however, 

that agencies can be excepted from these 

requirements when ‘‘the agency for good 

cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ (5 U.S.C. 

553(b)(B). 

DEA has concluded that ‘‘good cause’’

exists to promulgate this rule as an 

interim final rule rather than a proposed 

rule because the mandates of the CMEA 

were set forth in such detail as to be 

self-implementing. The changes 

announced in this interim final rule 

render DEA’s regulations consistent 

with the new provisions of the CMEA. 

Since DEA is without authority to revise 

this rule based on public comments, 

DEA finds that notice and opportunity 

for comment are unnecessary and 

impracticable under the APA (5 U.S.C. 

553(b)(B)). 

DEA is cognizant of the fact that 

exceptions to the APA’s notice and 

comment procedures are to be 

‘‘narrowly construed and only 

reluctantly countenanced.’’ American 

Federation of Government Employees v. 

Block, 655 F2d 1153, 1156 (D.C. Cir. 

1981) (quoting New Jersey Department 

of Environmental Protection v. EPA, 626 

F2d 1038, 1045 (D.C. Cir. 1980)). Based 

on the detailed requirements set forth in 

the CMEA which give no discretion in 

their implementation, however, DEA 

finds that the invocation of the ‘‘good 

cause’’ exception, and the issuance of 

this rule as an interim final rule, is 

justified. 

Regulatory Flexibility Act 

The Deputy Administrator hereby 

certifies that this rulemaking has been 

drafted in accordance with the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 605(b)). The RFA applies to rules 

that are subject to notice and comment. 

Because this rule is simply codifying 

statutory provisions, DEA has 

determined, as explained above, that 

public notice and comment are not 

necessary. Consequently, the RFA does 

not apply. 

Executive Order 12866 

The Deputy Administrator further 

certifies that this rulemaking has been 

drafted in accordance with the 

principles in Executive Order 12866 

§ 1(b). It has been determined that this 

is ‘‘a significant regulatory action.’’

Therefore, this action has been reviewed 

by the Office of Management and 

Budget (OMB). As discussed above, this 

action is codifying statutory provisions 

and involves no agency discretion. This 

statutory change imposes minimal costs 

on United States importers, exporters, 

brokers, and traders; they simply have 

to file a form with DEA in advance of 

spot market transactions. They must 

also provide a return declaration after 

the import or export has occurred. 

Paperwork Reduction Act 

As discussed previously, the DEA is 

revising an information collection by 

revising the information collected on 

DEA Form 486: Import/Export 

Declaration for List I and List II 

Chemicals [OMB information collection 

1117–0023]. Those changes have been 

discussed above, and are necessary for 

DEA to implement the provisions of the 

CMEA of 2005. 

The Department of Justice, DEA, has 

submitted the following information 

collection request to the OMB for review 

and clearance in accordance with 

review procedures of the Paperwork 

Reduction Act of 1995. The information 

collection is published to obtain 

comments from the public and affected 

agencies. 

All comments and suggestions, or 

questions regarding additional 

information, to include obtaining a copy 

of the information collection instrument 

with instructions, should be directed to 

Mark W. Caverly, Chief, Liaison and 

Policy Section, Office of Diversion 

Control, Drug Enforcement 

Administration, Washington, DC 20537. 

Written comments and suggestions 

from the public and affected agencies 

concerning the collection of information 

are encouraged. Your comments on the 

information collection-related aspects of 

this rule should address one or more of 

the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of this information 

collection: 


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(1) Type of Information Collection: 

revision of an existing collection. 

(2) Title of the Form/Collection: 

Import/Export Declaration for List I and 

List II Chemicals. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: 

Form Number: DEA Form 486. 

Office of Diversion Control, Drug 

Enforcement Administration, U.S. 

Department of Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

Primary: business or other for-profit. 

Other: none. 

Abstract: Persons importing, 

exporting, and conducting international 

transactions with List I and List II 

chemicals must notify DEA of those 

transactions in advance of their 

occurrence, including information 

regarding the person(s) to whom the 

chemical will be transferred and the 

quantity to be transferred. For 

importations, persons must also provide 

return declarations, confirming the date 

of the importation and transfer, and the 

amounts of the chemical transferred. 

This information is used to prevent 

shipments not intended for legitimate 

purposes. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 

Number of 

respondents 

Number of 

responses 

Average time 

per response Total hours 

Form 486 (export) .......................................................................................... 225 7,917 0.2 hour 

(12 minutes) 

1,583.4 hours. 

Form 486 (export return declaration) ............................................................. 225 7,917 0.08 hour 

(5 minutes) 

659.75 hours. 

Form 486 (import) .......................................................................................... 216 2,278 0.25 hour 

(15 minutes) 

569.5 hours. 

Form 486 (import return declaration)* ............................................................ 216 2,506 0.08 hour 

(5 minutes) 

208.8 hours. 

Form 486 (international transaction) .............................................................. 9 111 0.2 hour 

(12 minutes) 

22.2 hours. 

Form 486 (international transaction return declaration) ................................. 9 111 0.08 hour 

(5 minutes) 

9.25 hours. 

Quarterly reports for imports of acetone, 2-butanone, and toluene .............. 110 440 0.5 hour 

(30 minutes) 

220 hours. 

Total ........................................................................................................ 225 ........................ ...................... 3,272.9 hours. 

* DEA assumes 10% of all imports will not be transferred in the first thirty days and will necessitate submission of a subsequent return 

declaration. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: DEA estimates that this 

collection will take 3,272.9 hours 

annually. 

If additional information is required, 

contact: Lynn Bryant, Department 

Clearance Officer, Information 

Management and Security Staff, Justice 

Management Division, Department of 

Justice, Patrick Henry Building, Suite 

1600, 601 D Street, NW., Washington, 

DC 20530. 

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 $118,000,000 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. 

Congressional Review Act 

This rule is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Congressional Review Act). 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 foreignbased companies in domestic and 

export markets. 

List of Subjects 

21 CFR Part 1300 

Chemicals, Drug traffic control. 

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 1300 and 1313 are amended as 

follows: 

PART 1300—DEFINITIONS 

■ 1. The authority citation for part 1300 

continues to read as follows: 

Authority: 21 U.S.C. 802, 871(b), 951, 

958(f). 

■ 2. Section 1300.02 is amended by 

revising paragraphs (b)(12), (b)(13), and 

(b)(25) to read as follows: 

§ 1300.02 Definitions related to listed 

chemicals. 

* * * * * 

(b) * * * 

(12) The term established business 

relationship means the regulated person 

has imported or exported a listed 

chemical at least once within the past 

six months, or twice within the past 

twelve months from or to a foreign 

manufacturer, distributor, or end user of 

the chemical that has an established 

business with a fixed street address. A 

person or business that functions as a 

broker or intermediary is not a customer 

for purposes of this definition. 


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(13) The term established record as an 

importer means that the regulated 

person has imported a listed chemical at 

least once within the past six months, 

or twice within the past twelve months 

from a foreign supplier. 

* * * * * 

(25) The term regular customer means 

a person with whom the regulated 

person has an established business 

relationship for a specified listed 

chemical or chemicals that has been 

reported to the Administration subject 

to the criteria established in part 1313 

of this chapter. 

* * * * * 

PART 1313—IMPORTATION AND 

EXPORTATION OF LIST I AND LIST II 

CHEMICALS 

■ 3. The authority citation for part 1313 

continues to read as follows: 

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

■ 4. The heading of part 1313 is revised 

to read as set forth above. 

■ 5. Section 1313.05 is added to read as 

follows: 

§ 1313.05 Requirements for an established 

business relationship. 

To document that an importer or 

exporter has an established business 

relationship with a customer, the 

importer or exporter must provide the 

Administrator with the following 

information in accordance with the 

waiver of 15-day advance notice 

requirements of § 1313.15 or § 1313.24: 

(a) The name and street address of the 

chemical importer or exporter and of 

each regular customer; 

(b) The telephone number, contact 

person, and where available, the 

facsimile number for the chemical 

importer or exporter and for each 

regular customer; 

(c) The nature of the regular 

customer’s business (i.e., importer, 

exporter, distributor, manufacturer, 

etc.), and if known, the use to which the 

listed chemical or chemicals will be 

applied; 

(d) The duration of the business 

relationship; 

(e) The frequency and number of 

transactions occurring during the 

preceding 12-month period; 

(f) The amounts and the listed 

chemical or chemicals involved in 

regulated transactions between the 

chemical importer or exporter and 

regular customer; 

(g) The method of delivery (direct 

shipment or through a broker or 

forwarding agent); and 

(h) Other information that the 

chemical importer or exporter considers 

relevant for determining whether a 

customer is a regular customer. 

■ 6. Section 1313.08 is added to read as 

follows: 

§ 1313.08 Requirements for establishing a 

record as an importer. 

To establish a record as an importer, 

the regulated person must provide the 

Administrator with the following 

information in accordance with the 

waiver of the 15-day advance notice 

requirements of § 1313.15: 

(a) The name, DEA registration 

number (where applicable), street 

address, telephone number, and, where 

available, the facsimile number of the 

regulated person and of each foreign 

supplier; and 

(b) The frequency and number of 

transactions occurring during the 

preceding 12 month period. 

■ 7. Section 1313.12 is amended by 

revising paragraph (c) to read as follows: 

§ 1313.12 Requirement of authorization to 

import. 

* * * * * 

(c) The 15-day advance notification 

requirement for listed chemical imports 

may be waived for the following: 

(1) Any importation that meets both of 

the following requirements: 

(i) The regulated person has satisfied 

the requirements for reporting to the 

Administration as a regular importer of 

the listed chemicals. 

(ii) The importer intends to transfer 

the listed chemicals to a person who is 

a regular customer for the chemical, as 

defined in § 1300.02 of this chapter. 

(2) A specific listed chemical, as set 

forth in paragraph (f) of this section, for 

which the Administrator determines 

that advance notification is not 

necessary for effective chemical 

diversion control. 

* * * * * 

■ 8. Section 1313.13 is amended by 

revising paragraph (c)(4) and adding 

paragraph (c)(5) to read as follows: 

§ 1313.13 Contents of import declaration. 

* * * * * 

(c) * * * 

(4) The name, address, telephone 

number, telex number, and, where 

available, the facsimile number of the 

consigner in the foreign country of 

exportation; and 

(5) The name, address, telephone 

number, and where available, the 

facsimile number of the person or 

persons to whom the importer intends 

to transfer the listed chemical and the 

quantity to be transferred to each 

transferee. 

■ 9. Section 1313.15 is amended by 

revising paragraph (a) to read as follows: 

§ 1313.15 Waiver of 15-day advance notice 

for regular importers. 

(a) Each regulated person seeking 

designation as a ‘‘regular importer’’

shall provide, by certified mail return 

receipt requested, to the Administration 

such information as is required under 

§ 1313.08 documenting their status as a 

regular importer. 

* * * * * 

■ 10. Section 1313.16 is added to read 

as follows: 

§ 1313.16 Transfers following importation. 

(a) In the case of a notice under 

§ 1313.12(a) submitted by a regulated 

person, if the transferee identified in the 

notice is not a regular customer, the 

importer may not transfer the listed 

chemical until after the expiration of the 

15-day period beginning on the date on 

which the notice is submitted to the 

Administration. 

(b) After a notice under § 1313.12(a) 

or (d) is submitted to the 

Administration, if circumstances change 

and the importer will not be transferring 

the listed chemical to the transferee 

identified in the notice, or will be 

transferring a greater quantity of the 

chemical than specified in the notice, 

the importer must update the notice to 

identify the most recent prospective 

transferee or the most recent quantity or 

both (as the case may be) and may not 

transfer the listed chemical until after 

the expiration of the 15-day period 

beginning on the date on which the 

update is submitted to the 

Administration, except that the 15-day 

restriction does not apply if the 

prospective transferee identified in the 

update is a regular customer. The 

preceding sentence applies with respect 

to changing circumstances regarding a 

transferee or quantity identified in an 

update to the same extent and in the 

same manner as the sentence applies 

with respect to changing circumstances 

regarding a transferee or quantity 

identified in the original notice under 

§ 1313.12(a) or (d). 

(c) In the case of a transfer of a listed 

chemical that is subject to a 15-day 

restriction, the transferee involved shall, 

upon the expiration of the 15-day 

period, be considered to qualify as a 

regular customer, unless the 

Administration otherwise notifies the 

importer involved in writing. 

(d) With respect to a transfer of a 

listed chemical with which a notice or 

update referred to in § 1313.12(a) or (d) 

is concerned: 

(1) The Administration—

(i) May, in accordance with the same 

procedures as apply under §§ 1313.51 

through 1313.57, order the suspension 


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of the transfer of the listed chemical by 

the importer involved, except for a 

transfer to a regular customer, on the 

ground that the chemical may be 

diverted to the clandestine manufacture 

of a controlled substance (without 

regard to the form of the chemical that 

may be diverted, including the 

diversion of a finished drug product to 

be manufactured from bulk chemicals to 

be transferred), subject to the 

Administration ordering the suspension 

before the expiration of the 15-day 

period with respect to the importation 

(in any case in which such a period 

applies); and 

(ii) May, for purposes of this 

paragraph (d), disqualify a regular 

customer on that ground. 

(2) From and after the time when the 

Administration provides written notice 

of the order under paragraph (d)(1)(i) of 

this section (including a statement of 

the legal and factual basis for the order) 

to the importer, the importer may not 

carry out the transfer. 

(e) For purposes of this section: 

(1) The term transfer, with respect to 

a listed chemical, includes the sale of 

the chemical. 

(2) The term transferee means a 

person to whom an importer transfers a 

listed chemical. 

■ 11. Section 1313.17 is added to read 

as follows: 

§ 1313.17 Return declaration or 

amendment to Form 486 for imports. 

(a) Within 30 days after a transaction 

is completed, the importer must send to 

the Administration a return declaration 

containing particulars of the transaction, 

including the date, quantity, chemical, 

container, name of transferees, and any 

other information as the Administration 

may specify. A single return declaration 

may include the particulars of both the 

importation and distribution. If the 

importer has not distributed all 

chemicals imported by the end of the 

initial 30-day period, the importer must 

file supplemental return declarations no 

later than 30 days from the date of any 

further distribution, until the 

distribution or other disposition of all 

chemicals imported under the import 

notification or any update are accounted 

for. 

(b) If an importation for which a Form 

486 has been filed fails to take place, the 

importer must file an amended Form 

486 notifying the Administration that 

the importation did not occur. 

■ 12. Section 1313.26 is added to read 

as follows: 

§ 1313.26 Transfers following exportation. 

(a) In the case of a notice under 

§ 1313.21(a) submitted by a regulated 

person, if the transferee identified in the 

notice, i.e., the foreign importer, is not 

a regular customer, the regulated person 

may not transfer the listed chemical 

until after the expiration of the 15-day 

period beginning on the date on which 

the notice is submitted to the 

Administration. 

(b) After a notice under § 1313.21(a) is 

submitted to the Administration, if 

circumstances change and the exporter 

will not be transferring the listed 

chemical to the transferee identified in 

the notice, or will be transferring a 

greater quantity of the chemical than 

specified in the notice, the exporter 

must update the notice to identify the 

most recent prospective transferee or the 

most recent quantity or both (as the case 

may be) and may not transfer the listed 

chemical until after the expiration of the 

15-day period beginning on the date on 

which the update is submitted to the 

Administration, except that the 15-day 

restriction does not apply if the 

prospective transferee identified in the 

update is a regular customer. The 

preceding sentence applies with respect 

to changing circumstances regarding a 

transferee or quantity identified in an 

update to the same extent and in the 

same manner as the sentence applies 

with respect to changing circumstances 

regarding a transferee or quantity 

identified in the original notice under 

paragraph (a) of this section. 

(c) In the case of a transfer of a listed 

chemical that is subject to a 15-day 

restriction, the transferee involved shall, 

upon the expiration of the 15-day 

period, be considered to qualify as a 

regular customer, unless the 

Administration otherwise notifies the 

exporter involved in writing. 

(d) With respect to a transfer of a 

listed chemical with which a notice or 

update referred to in § 1313.21(a) is 

concerned: 

(1) The Administration—

(i) May, in accordance with the same 

procedures as apply under §§ 1313.51 

through 1313.57, order the suspension 

of the transfer of the listed chemical by 

the exporter involved, except for a 

transfer to a regular customer, on the 

ground that the chemical may be 

diverted to the clandestine manufacture 

of a controlled substance (without 

regard to the form of the chemical that 

may be diverted, including the 

diversion of a finished drug product to 

be manufactured from bulk chemicals to 

be transferred), subject to the 

Administration ordering the suspension 

before the expiration of the 15-day 

period with respect to the exportation 

(in any case in which such a period 

applies); and 

(ii) May, for purposes of this 

paragraph (d), disqualify a regular 

customer on that ground. 

(2) From and after the time when the 

Administration provides written notice 

of the order under paragraph (d)(1)(i) of 

this section (including a statement of 

the legal and factual basis for the order) 

to the exporter, the exporter may not 

carry out the transfer. 

(e) For purposes of this section: 

(1) The term transfer, with respect to 

a listed chemical, includes the sale of 

the chemical. 

(2) The term transferee means a 

person to whom an exporter transfers a 

listed chemical. 

■ 13. Section 1313.27 is added to read 

as follows: 

§ 1313.27 Return declaration or 

amendment to Form 486 for exports. 

(a) Within 30 days after a transaction 

is completed, the exporter must send to 

the Administration a return declaration 

containing particulars of the transaction, 

including the date, quantity, chemical, 

container, name of transferees, and any 

other information as the Administration 

may specify. 

(b) If an exportation for which a Form 

486 has been filed fails to take place, the 

exporter must file an amended Form 

486 notifying the Administration that 

the exportation did not occur. 

■ 14. Section 1313.32 is amended by 

adding paragraphs (d) and (e) to read as 

follows: 

§ 1313.32 Requirement of authorization for 

international transactions. 

* * * * * 

(d) After a notice under paragraph (a) 

of this section is submitted to the 

Administration, if circumstances change 

and the broker or trader will not be 

transferring the listed chemical to the 

transferee identified in the notice, or 

will be transferring a greater quantity of 

the chemical than specified in the 

notice, the broker or trader must update 

the notice to identify the most recent 

prospective transferee or the most recent 

quantity or both (as the case may be). 

The preceding sentence applies with 

respect to changing circumstances 

regarding a transferee or quantity 

identified in an update to the same 

extent and in the same manner as the 

sentence applies with respect to 

changing circumstances regarding a 

transferee or quantity identified in the 

original notice under paragraph (a) of 

this section. 

(e) For purposes of this section: 

(1) The term transfer, with respect to 

a listed chemical, includes the sale of 

the chemical. 


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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Rules and Regulations 17409 

(2) The term transferee means a 

person to whom an exporter transfers a 

listed chemical. 

■ 15. Section 1313.35 is added to read 

as follows: 

§ 1313.35 Return declaration or 

amendment to Form 486 for international 

transactions. 

(a) Within 30 days after a transaction 

is completed, the broker or trader must 

send to the Administration a return 

declaration containing particulars of the 

transaction, including the date, 

quantity, chemical, container, name of 

transferees, and any other information 

as the Administration may specify. 

(b) If a transaction for which a Form 

486 has been filed fails to take place, the 

broker or trader must file an amended 

Form 486 notifying the Administration 

that the transaction did not occur. 

Dated: March 30, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 07–1718 Filed 4–6–07; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 160 

[USCG–2006–25150; Correction] 

RIN 1625–ZA08 

Navigation and Navigable Waters; 

Technical, Organizational, and 

Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: This document contains a 

correction to the section addressing 

appeals for orders issued pursuant to 

the Coast Guard’s regulations 

implementing the Ports and Waterways 

Safety Act (USCG–2006–25150) 

published on July 12, 2006, in the 

Federal Register (71 FR 39206). 

DATES: This correction is effective April 

9, 2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2006–25150 and are 

available for inspection or copying at 

the Docket Management Facility, U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. You may also find this 

docket on the Internet at http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Commander Michael Cunningham, 

Coast Guard, telephone 202–372–1129. 

If you have questions on viewing the 

docket, call Ms. Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–493–0402. 

SUPPLEMENTARY INFORMATION: Each year 

Title 33 of the Code of Federal 

Regulations is updated on July 1. On 

July 12, 2006, the Coast Guard 

published a final rule (USCG–2006–

25150) to make technical, 

organizational, conforming amendments 

and other editorial corrections 

throughout Title 33. (71 FR 39206) Due 

to a drafting error in the July 12th final 

rule the appeals process in § 160.7 is 

now deficient. The July 12th final rule 

ascribes authorities not within the realm 

of the Area Commander and does not 

clearly allow for an appeal of Area 

Commander decisions to Coast Guard 

Headquarters. This correction document 

makes corrections to the revisions in 

§ 160.7 found in the July 12th final rule. 

List of Subjects in 33 CFR Part 160 

Administrative practice and 

procedure, Harbors, Hazardous 

materials transportation, Marine safety, 

Navigation (water), Reporting and 

recordkeeping requirements, Vessels, 

Waterways. 

■ Accordingly, 33 CFR part 160 is 

corrected by making the following 

correcting amendments: 

PART 160—PORTS AND WATERWAYS 

SAFETY—GENERAL 

■ 1. The authority citation for part 160 

continues to read as follows: 

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 

Chapter 701; Department of Homeland 

Security Delegation No. 0170.1. Subpart C is 

also issued under the authority of 33 U.S.C. 

1225 and 46 U.S.C. 3715. 

■ 2. Amend § 160.7 to revise paragraphs 

(c) and (d) to read as follows: 

§ 160.7 Appeals. 

* * * * * 

(c) Any person directly affected by the 

establishment of a safety zone or by an 

order or direction issued by, or on 

behalf of, a District Commander, or who 

receives an unfavorable ruling on an 

appeal taken under paragraph (b) of this 

section may appeal to the Area 

Commander through the District 

Commander. The appeal must be in 

writing, except as allowed under 

paragraph (e) of this section, and shall 

contain complete supporting 

documentation and evidence which the 

appellant wishes to have considered. 

Upon receipt of the appeal, the Area 

Commander may direct a representative 

to gather and submit documentation or 

other evidence which would be 

necessary or helpful to a resolution of 

the appeal. A copy of this 

documentation and evidence is made 

available to the appellant. The appellant 

is afforded five working days from the 

date of receipt to submit rebuttal 

materials. Following submission of all 

materials, the Area Commander issues a 

ruling, in writing, on the appeal. Prior 

to issuing the ruling, the Area 

Commander may, as a matter of 

discretion, allow oral presentation on 

the issues. 

(d) Any person who receives an 

unfavorable ruling on an appeal taken 

under paragraph (c) of this section, may 

appeal through the Area Commander to 

the Assistant Commandant for 

Prevention (formerly known as the 

Assistant Commandant for Marine 

Safety, Security and Environmental 

Protection), U.S. Coast Guard, 

Washington, DC 20593. The appeal 

must be in writing, except as allowed 

under paragraph (e) of this section. The 

Area Commander forwards the appeal, 

all the documents and evidence which 

formed the record upon which the order 

or direction was issued or the ruling 

under paragraph (c) of this section was 

made, and any comments which might 

be relevant, to the Assistant 

Commandant for Prevention. A copy of 

this documentation and evidence is 

made available to the appellant. The 

appellant is afforded five working days 

from the date of receipt to submit 

rebuttal materials to the Assistant 

Commandant for Prevention. The 

decision of the Assistant Commandant 

for Prevention is based upon the 

materials submitted, without oral 

argument or presentation. The decision 

of the Assistant Commandant for 

Prevention is issued in writing and 

constitutes final agency action. 

* * * * * 

Dated: March 27, 2007. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E7–6099 Filed 4–6–07; 8:45 am] 

BILLING CODE 4910–15–P 


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