Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Rules and Regulations 61563 

Wire Bundle W443 Undamaged: Clearance 

Adjustment 

(h) If the clearance of wire bundle W443 

in the inspection required by paragraph (g) of 

this AD is found to be insufficient, before 

further flight, adjust the wire bundle 

clearance, in accordance with Part 2 of the 

Work Instructions of Boeing Special 

Attention Service Bulletin 737–27–1282, 

Revision 1, dated June 14, 2010. 

Wire Bundle W443 Damaged: Repair, and 

Clearance Adjustment 

(i) If wire bundle W443 is found to be 

damaged in the inspection required by 

paragraph (g) of this AD, before further flight, 

repair the damaged wire bundle and adjust 

the wire bundle clearance, in accordance 

with Part 3 of the Work Instructions of 

Boeing Special Attention Service Bulletin 

737–27–1282, Revision 1, dated June 14, 

2010. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(j) Actions accomplished before the 

effective date of this AD in accordance with 

Boeing Special Attention Service Bulletin 

737–27–1282, dated March 15, 2007, are 

considered acceptable for compliance with 

the corresponding action specified in this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

Related Information 

(l) For more information about this AD, 

contact Dean Thompson, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle ACO, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone: (425) 917–6409; fax: (425) 

917–6590; e-mail: 

Dean.R.Thompson@faa.gov. 

Material Incorporated by Reference 

(m) You must use Boeing Special Attention 

Service Bulletin 737–27–1282, Revision 1, 

dated June 14, 2010, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Boeing Special Attention Service Bulletin 

737–27–1282, Revision 1, dated June 14, 

2010, under 5 U.S.C. 552(a) and 1 CFR part 

51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 22, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–25313 Filed 10–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Parts 1301 and 1309 

[Docket No. DEA–304F] 

RIN 1117–AB27 

Voluntary Surrender of Certificate of 

Registration 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Final rule. 

SUMMARY: DEA is amending its 

regulations to clarify the registration 

status of a registrant who voluntarily 

surrenders a Certificate of Registration. 

These changes clarify that a voluntary 

surrender of a registration signed by a 

registrant using any format has the legal 

effect of immediately terminating the 

registrant’s registration without any 

further action by DEA. 

DATES: This rule becomes effective 

November 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Imelda L. Paredes, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, Virginia 22152; Telephone 

(202) 307–7165. 

SUPPLEMENTARY INFORMATION: 

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. However, these 

regulations are silent about whether the 

automatic termination provisions apply 

upon a registrant’s voluntary surrender 

of a DEA registration. Moreover, DEA 

Forms 104 (for controlled substance 

registrations) and 104c (for listed 

chemical registrations), which may be 

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 in order to 

terminate a DEA registration. 

DEA regulations, however, do not 

require further action by DEA’s 

Administrator to terminate a DEA 

registration after submission of a 

voluntary surrender and, in practice, 

DEA treats the submission of a 

voluntary surrender as an immediate 

termination of the DEA registration at 

issue. The only additional action taken 

by DEA in such cases is the entry of the 

surrender into DEA’s registration 

database. Further, DEA regulations do 

not 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. 

DEA Forms 104 and 104c are internal 

DEA documents that are available for 

registrant use. These forms will be 

revised consistent with this final rule to 

clarify that a signed voluntary surrender 

of a registration has the legal effect of 

immediately terminating the registrant’s 

registration upon delivery of such 

statement to any DEA employee. No 

further action by DEA is required. 

Notice of Proposed Rulemaking and 

Comments Received 

To address the circumstances 

described above, DEA published a 

NPRM proposing the amendment of its 

regulations to clarify that a DEA 

registration terminates when DEA, 

through any employee, receives notice 


jlentini on DSK4TPTVN1PROD with RULES
61564 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Rules and Regulations 

of a voluntary surrender of a DEA 

registration. 75 FR 32140, June 7, 2010. 

DEA did not receive any comments 

regarding the NPRM and is thus 

finalizing the rule as proposed. 

Action Taken by This Rule 

To ensure that there is no confusion 

as to actions necessary to effectuate the 

voluntary surrender of a DEA 

registration, DEA is revising 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. Any format may be used as 

long as the registrant submits a signed 

statement expressing the desire to 

surrender a registration. 

Regulatory Analyses 

Executive Orders 12866 and 13563 

This regulation has been developed in 

accordance with the principles of 

Executive Orders 12866 and 13563. It 

has been determined that this is not a 

‘‘significant regulatory action’’ that 

requires review by the Office of 

Management and Budget. 

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), and by approving it certifies 

that this regulation will not have a 

significant economic impact upon a 

substantial number of small entities. 

This rulemaking merely clarifies the 

circumstances under which DEA 

registrations may be surrendered. 

Paperwork Reduction Act 

This action does not impose a new 

collection of information under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501–3521. The forms discussed 

in this rulemaking are available to be 

utilized by registrants on a voluntary 

basis under specific law enforcement 

circumstances and are otherwise 

internal to DEA. 

Executive Order 12988 

This proposed regulation meets the 

applicable standards set forth in 

Sections 3(a) and 3(b)(2) of Executive 

Order 12988 Civil Justice Reform to 

eliminate ambiguity, minimize 

litigation, establish clear legal standards 

and reduce burden. 

Executive Order 13132 

This proposed 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. 

Executive Order 13175 

This proposed rule will not have 

tribal implications and will not impose 

substantial direct compliance costs on 

Indian tribal governments. 

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 $136,000,000 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 

provisions of the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1532. 

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) (5 U.S.C. 801–808). 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 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. In § 1301.52, paragraph (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. 802, 821, 822, 823, 

824, 830, 871(b), 875, 877, 886a, 952, 958. 

■ 4. In § 1309.62, paragraph (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: September 27, 2011. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2011–25596 Filed 10–4–11; 8:45 am] 

BILLING CODE 4410–09–P 


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