32140 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 

Act, the Selective Service Act, or this 

part were not met. 

(b) In cases where the Department of 

Commerce determines that failure to 

comply with the provisions of the 

Defense Production Act, the Selective 

Service Act, or this part was 

inadvertent, the person may be 

informed in writing of the particulars 

involved and the corrective action to be 

taken. Failure to take corrective action 

may then be construed as a willful 

violation of the Defense Production Act, 

this part, or an official action. 

§ 700.75 Violations, penalties, and 

remedies. 

(a) Willful violation of the provisions 

of the Defense Production Act, the 

priorities provisions of the Selective 

Service Act, or this part is a crime and 

upon conviction, a person may be 

punished by fine or imprisonment, or 

both. The maximum penalty provided 

by the Defense Production Act is a 

$10,000 fine, or one year in prison, or 

both. The maximum penalty provided 

by the Selective Service Act is a $50,000 

fine, or three years in prison, or both. 

(b) The government may also seek an 

injunction from a court of appropriate 

jurisdiction to prohibit the continuance 

of any violation of, or to enforce 

compliance with, the Defense 

Production Act, this part, or an official 

action. 

(c) In order to secure the effective 

enforcement of the Defense Production 

Act, this part, and official actions, the 

following are prohibited (see section 

704 of the Defense Production Act; see 

also, for example, sections 2 and 371 of 

Title 18, United States Code): 

(1) No person may solicit, influence or 

permit another person to perform any 

act prohibited by, or to omit any act 

required by, the Defense Production 

Act, this part, or an official action. 

(2) No person may conspire or act in 

concert with any other person to 

perform any act prohibited by, or to 

omit any act required by, the Defense 

Production Act, this part, or an official 

action. 

(3) No person shall deliver any item 

if the person knows or has reason to 

believe that the item will be accepted, 

redelivered, held, or used in violation of 

the Defense Production Act, this part, or 

an official action. In such instances, the 

person must immediately notify the 

Department of Commerce that, in 

accordance with this provision, delivery 

has not been made. 

§ 700.76 Compliance conflicts. 

If compliance with any provision of 

the Defense Production Act, the 

Selective Service Act, or this part would 

prevent a person from filling a rated 

order or from complying with another 

provision of the Defense Production 

Act, this part, or an official action, the 

person must immediately notify the 

Department of Commerce or the 

appropriate Delegate Agency for 

resolution of the conflict. 

10. Subpart I is revised to read as 

follows: 

Subpart I—Miscellaneous Provisions 

Sec. 

700.80 Applicability of this part and official 

actions. 

700.81 Communications. 

Subpart I—Miscellaneous Provisions 

§ 700.80 Applicability of this part and 

official actions. 

(a) This part and all official actions, 

unless specifically stated otherwise, 

apply to transactions in any state, 

territory, or possession of the United 

States and the District of Columbia. 

(b) This part and all official actions 

apply not only to deliveries to other 

persons but also include deliveries to 

affiliates and subsidiaries of a person 

and deliveries from one branch, 

division, or section of a single entity to 

another branch, division, or section 

under common ownership or control. 

(c) This part and its schedules shall 

not be construed to affect any 

administrative actions taken by the 

Department of Commerce, or any 

outstanding contracts or orders placed 

pursuant to any of the regulations, 

orders, schedules or delegations of 

authority under the Defense Materials 

System, Defense Priorities System or the 

Defense Priorities and Allocations 

System previously issued by the 

Department of Commerce. Such actions, 

contracts, or orders shall continue in 

full force and effect under this part 

unless modified or terminated by proper 

authority. 

(d) Any repeal of any provision of this 

part or any order, schedule or delegation 

of authority issued pursuant to this part 

shall not release or extinguish any 

penalty or liability incurred under that 

provision, order, schedule or delegation 

of authority. That provision, order, 

schedule or delegation of authority shall 

be treated as still remaining in force for 

the purpose of sustaining any action for 

the enforcement of such penalty or 

liability. 

§ 700.81 Communications. 

All communications concerning this 

part, including requests for copies of the 

regulation and explanatory information, 

requests for guidance or clarification, 

and requests for adjustment or 

exception shall be addressed to the 

Office of Strategic Industries and 

Economic Security, Room 3876, U.S. 

Department of Commerce, Washington, 

DC 20230, Ref: DPAS; telephone: (202) 

482–3634, fax: (202) 482–5650. 

Communications may also be submitted 

electronically at DPAS@bis.doc.gov, 

with reference to the topic of the 

communication in the subject line. 

Subpart J—[Removed] 

11. Subpart J is removed. 

Subpart K—[Removed] 

12. Subpart K is removed. 

Subpart L—[Removed] 

13. Subpart L is removed. 

Dated: May 28, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–13395 Filed 6–4–10; 8:45 am] 

BILLING CODE 3510–JT–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Parts 1301, 1309 

[Docket No. DEA–304P] 

RIN 1117–AB27 

Voluntary Surrender of Certificate of 

Registration 

AGENCY: Drug Enforcement 

Administration (DEA), Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration (DEA) proposes to 

amend its regulations and to revise 

applicable implementing forms to 

clarify the registration status of a 

registrant who voluntarily surrenders a 

Certificate of Registration for cause. The 

effect of these proposed changes would 

make it clear that a voluntary surrender 

of a registration for cause by a registrant 

has the legal effect of immediately 

terminating the registrant’s registration 

without any further action by DEA. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before August 

6, 2010. Commenters should be aware 

that the electronic Federal Docket 

Management System will not accept 

comments after Midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–304’’ on all written and 

electronic correspondence. Written 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 32141 

comments being sent via regular or 

express mail should be sent to the Drug 

Enforcement Administration, Attention: 

Federal Register Representative/ODL, 

8701 Morrissette Drive, Springfield, VA 

22152. Comments may be sent to DEA 

by sending an electronic message to 

dea.diversion.policy@usdoj.gov. 

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 format other than those specifically 

listed here. 

Please note that DEA is requesting 

that electronic comments be submitted 

before midnight Eastern time on the day 

the comment period closes because 

http://www.regulations.gov terminates 

the public’s ability to submit comments 

at midnight Eastern time on the day the 

comment period closes. Commenters in 

time zones other than Eastern time may 

want to consider this so that their 

electronic comments are received. All 

comments sent via regular or express 

mail will be considered timely if 

postmarked on the day the comment 

period closes. 

FOR FURTHER INFORMATION CONTACT: 

Mark W. Caverly, Chief, Liaison and 

Policy Section, Office of Diversion 

Control, Drug Enforcement 

Administration, Washington, DC 20537. 

Telephone (202) 307–7297. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov 

and in the Drug Enforcement 

Administration’s public docket. Such 

information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted and the comment, in 

redacted form, will be posted online and 

placed in the Drug Enforcement 

Administration’s public docket file. 

Please note that the Freedom of 

Information Act applies to all comments 

received. If you wish to inspect the 

agency’s public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT

paragraph. 

Background 

Under current regulations the DEA 

registration of any person terminates ‘‘if 

and when such person dies, ceases legal 

existence, or discontinues business or 

professional practice * * *’’ 21 CFR 

1301.52(a) and 1309.62(a). Under these 

provisions, no further action by DEA is 

needed to terminate a DEA Certificate of 

Registration after one of the specified 

events occurs. These regulations are 

silent about whether the automatic 

termination provisions apply upon a 

registrant’s surrender of a DEA 

registration. Moreover, DEA forms 104 

(for controlled substance registrations) 

and 104c (for listed chemical 

registrations), which are sometimes 

used by registrants to effectuate 

voluntary surrenders, state that 

submission of the forms ‘‘shall be 

authority for the Administrator of the 

Drug Enforcement Administration to 

terminate * * * my registration without 

an order to show cause, a hearing, or 

any other proceedings * * *.’’ Thus the 

forms have led some registrants to 

believe that DEA must issue a final 

order revoking the registration, after 

submission of the forms, to terminate a 

DEA registration. 

DEA regulations, however, do not 

require any further action by DEA’s 

Administrator to terminate a DEA 

registration after the submission of a 

voluntary surrender, and in practice, 

DEA treats the submission of a 

voluntary surrender form as an 

immediate termination of the DEA 

registration at issue. The only further 

action taken by DEA in such cases is the 

entry of the surrender into DEA’s 

registration database. Moreover, DEA 

regulations do not even require a 

registrant to use any particular format to 

submit a voluntary surrender. DEA 

accepts voluntary surrenders as long as 

the Registrant submits a signed 

statement expressing the desire to 

surrender a registration. 

Proposed Action 

To ensure that there is no confusion 

as to actions necessary to effectuate the 

voluntary surrender of a DEA 

registration, DEA intends to revise the 

relevant regulations to state that a DEA 

registration terminates when DEA, 

through any employee, receives notice 

of a voluntary surrender of a DEA 

registration. 

Regulatory Certifications 

Regulatory Flexibility Act 

The Deputy Assistant Administrator, 

Office of Diversion Control, has 

reviewed this regulation and hereby 

certifies that it has been drafted in 

accordance with the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612), has reviewed this regulation, 

and by approving it certifies that this 

regulation will not have a significant 

economic impact upon a substantial 

number of small entities. This Notice of 

Proposed Rulemaking merely clarifies 

the circumstances under which DEA 

registrations may be revoked or 

surrendered. 

Executive Order 12866 

The Deputy Assistant Administrator 

further certifies that this regulation has 

been drafted in accordance with the 

principles of Executive Order 12866, 

Section 1(b). It has been determined that 

this is a ‘‘significant regulatory action’’ 

under Executive Order 12866, and 

accordingly this rule has been reviewed 

by the Office of Management and 

Budget. 

Paperwork Reduction Act 

This rulemaking would not create any 

new recordkeeping or reporting 

requirements. The forms discussed in 

this rulemaking are internal to DEA and 

are used under specific law enforcement 

circumstances. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

32142 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Proposed Rules 

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 rulemaking will not result in the 

expenditure by State, local, and tribal 

governments in the aggregate, or by the 

private sector, of $120 million or more 

(adjusted for inflation) 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 rulemaking is not a major rule as 

defined by Section 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 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation or 

on the ability of U.S.-based companies 

to compete with foreign-based 

companies in domestic and export 

markets. 

List of Subjects 

21 CFR Part 1301 

Administrative practice and 

procedure, Drug traffic control, Security 

measures. 

21 CFR Part 1309 

Administrative practice and 

procedure, Drug traffic control, Exports, 

Imports, Security measures. 

For the reasons set out above, 21 CFR 

parts 1301 and 1309 are proposed to be 

amended as follows: 

PART 1301—REGISTRATION OF 

MANUFACTURERS, DISTRIBUTORS, 

AND DISPENSERS OF CONTROLLED 

SUBSTANCES 

1. The authority citation for part 1301 

continues to read as follows: 

Authority: 21 U.S.C. 821, 822, 823, 824, 

831, 871(b), 875, 877, 886a, 951, 952, 953, 

956, 957, 958. 

2. Section 1301.52(a) is revised to 

read as follows: 

§ 1301.52 Termination of registration; 

transfer of registration; distribution upon 

discontinuance of business. 

(a) Except as provided in paragraph 

(b) of this section, the registration of any 

person, and any modifications of that 

registration, shall terminate, without 

any further action by the 

Administration, if and when such 

person dies, ceases legal existence, 

discontinues business or professional 

practice, or surrenders a registration. 

Any registrant who ceases legal 

existence or discontinues business or 

professional practice shall notify the 

Administrator promptly of such fact. In 

the case of a surrender, termination 

shall occur upon receipt by any 

employee of the Administration of a 

duly executed DEA form 104 or any 

signed writing indicating the desire to 

surrender a registration. 

* * * * * 

PART 1309—REGISTRATION OF 

MANUFACTURERS, DISTRIBUTORS, 

IMPORTERS, AND EXPORTERS OF 

LIST I CHEMICALS 

3. The authority citation for part 1309 

continues to read as follows: 

Authority: 21 U.S.C. 821, 822, 823, 824, 

830, 871(b), 875, 877, 886a, 958. 

4. Section 1309.62(a) is revised to 

read as follows: 

§ 1309.62 Termination of registration. 

(a) The registration of any person 

shall terminate, without any further 

action by the Administration, if and 

when such person dies, ceases legal 

existence, discontinues business or 

professional practice, or surrenders a 

registration. In the case of a surrender, 

termination shall occur upon receipt by 

any employee of the Administration of 

a duly executed DEA form 104c or any 

signed writing indicating the desire to 

surrender a registration. Any registrant 

who ceases legal existence or 

discontinues business or professional 

practice or wishes to surrender a 

registration shall notify the Special 

Agent in Charge of the Administration 

in the area in which the person is 

located of such fact and seek authority 

and instructions to dispose of any List 

I chemicals obtained under the 

authority of that registration. 

* * * * * 

Dated: May 26, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2010–13521 Filed 6–4–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

RIN 1218–AC41 

Combustible Dust 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of combustible dust Web 

Chat. 

SUMMARY: OSHA invites interested 

parties to participate in a Web Chat on 

the workplace hazards of combustible 

dust. OSHA plans to use the 

information gathered in response to this 

Web Chat in developing a proposed 

standard for combustible dust. 

DATES: The Web Chat will be held on 

June 28, 2010, at 1 p.m. EDT. 

ADDRESSES: 

Registration 

Participants are requested to provide 

their name, affiliation, and e-mail 

address so OSHA can respond to 

comments or seek clarification. 

Web Site 

Participants can access the Web Chat 

at http://www.dol.gov/dol/chat.htm. The 

Web Blog will remain accessible for 

additional feedback through July 7, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding this notice is 

available from the following sources: 

• Press inquiries. Contact Jennifer 

Ashley, Director, OSHA Office of 

Communications, Room N–3647, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–1999. 

• General and technical information 

regarding Combustible Dust. Contact 

Mat Chibbaro, P.E., Fire Protection 

Engineer, Office of Safety Systems, 

OSHA Directorate of Standards and 

Guidance, Room N–3609, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–2255. 

• Technical information regarding 

Web Chat logistics and electronic 

access. Contact Andy Bailey, DOL Web 

Content Manager, Office of Public 

Affairs, Division of Enterprise 

Communications, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone: (202) 

693–5946. 

• Copies of this Federal Register 

notice. Electronic copies are available at 

http://www.regulations.gov. This 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS