Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 257

[FR Doc. 96–68 Filed 1–3–96; 8:45 am]

BILLING CODE 4910–13–C
258 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 162

[T.D. 96–6]

RIN 1515–AB72

Search Warrants

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations by removing a

regulation limiting the authority of

Customs officers to whom search

warrants are issued. The current

regulation restricts such officers from

removing letters, documents and other

records in certain circumstances. The

regulation is inconsistent with the

current state of the law.

EFFECTIVE DATE: February 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Lars-Erik Hjelm, Office of the Chief

Counsel, at 202–927–6900.

SUPPLEMENTARY INFORMATION:

Background

Section 162.14 of the Customs

Regulations (19 CFR 162.14) provides

that Customs officers to whom a search

warrant is issued may not remove

letters, other documents and records

during the execution of the warrant,

unless such letters, other documents

and records are instruments of crime

which are seized pursuant to a lawful

arrest. When it was drafted, the

statutory basis for this regulation was

found in section 595 of the Tariff Act of

1930 (19 U.S.C. 1595). Until 1986,

section 595 only authorized Customs to

obtain warrants for merchandise.

In 1986, section 595 was expanded to

allow Customs to seize ‘‘. . . any

document . . . which is evidence of a

violation . . . of any . . . law

enforced or administered by the United

States Customs Service.’’ Pub. L. 99–

570, Title III, § 3122, 100 Stat. 3207–87.

In addition to section 595, section 589

of the Tariff Act of 1930 (19 U.S.C.

1589a(2)), provides expanded authority

for Customs officers with warrants to

seize documents. Section 589 provides

Customs officers with authority to

execute and serve any warrant issued

under the authority of the United States.

As a search warrant issued under Rule

41 of the Federal Rules of Criminal

Procedure (Fed. R. Crim. P., Rule 41, 18

U.S.C. App.) can now be issued for,

among other things, documents

constituting evidence of crimes (See

United States v. Thompson, 495 F. 2d

165 (D.C. Cir 1974); United States v.

Michaelian, 803 F. 2d 1042 (9th Cir.

1986)), it is clear that section 589 read

in conjunction with Rule 41 provides

Customs officers with authority to

search for and seize documentary

evidence. Further, the Supreme Court

has made it clear that officers may seize

incriminating evidence during the

course of a lawful search. Horton v.

California, 496 U.S. 128 (1990).

Inasmuch as section 162.14 of the

Customs Regulations, no longer reflects

the state of the law regarding the search

and seizure authority of Customs

officers, Customs proposed removing

the regulation in a Notice of Proposed

Rulemaking published in the Federal

Register on July 12, 1995 (60 FR 35881).

A correction document regarding the

notice was published in the Federal

Register (60 FR 37856) on July 24, 1995.

Determination

No comments were received in

response to the Notice of Proposed

Rulemaking. After further review,

Customs has determined to proceed

with the removal of section 162.14,

Customs Regulations (19 CFR 162.14).

Regulatory Flexibility Act and

Executive Order 12866

Pursuant to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) and based upon the information

set forth above, it is certified that the

removal of § 162.14 will not have a

significant economic impact on a

substantial number of small entities.

Accordingly, the amendment is not

subject to the regulatory analysis or

other requirements of 5 U.S.C. 603 and

604.

This document does not meet the

criteria for a ‘‘significant regulatory

action’’ as specified in Executive Order

12866.

Drafting Information

The principal author of this document

was Janet L. Johnson, Regulations

Branch. However, personnel from other

offices participated in its development.

List of Subjects in Part 162

Administrative practice and

procedure, Customs duties and

inspection, Drug traffic control, Exports,

Law enforcement, Marijuana, Penalties,

Reporting and recordkeeping

requirements, Search warrants, Seizures

and forfeitures.

Amendment to the Regulations

For the reasons set forth in the

preamble, part 162 of the Customs

Regulations is amended as set forth

below.

PART 162—RECORDKEEPING,

INSPECTION, SEARCH AND SEIZURE

1. The general authority for part 162

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66,

1624.

§ 162.14 [Removed]

2. Section 162.14 is removed.

William F. Riley,

Acting Commissioner of Customs.

Approved: December 28, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 96–133 Filed 1–3–96; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 510

New Animal Drugs; Change of Sponsor

Name and Address

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect a

change of sponsor name and address

from American Cyanamid Co. to

American Cyanamid, Division of

American Home Products.

EFFECTIVE DATE: January 4, 1996.

FOR FURTHER INFORMATION CONTACT:

Thomas J. McKay, Center for Veterinary

Medicine (HFV–102), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–827–0213.

SUPPLEMENTARY INFORMATION: American

Cyanamid Co., Berdan Ave., Wayne, NJ

07470, has informed FDA of a change of

sponsor name and address to American

Cyanamid, Division of American Home

Products, P.O. Box 1339, Fort Dodge, IA

50501. Accordingly, the agency is

amending the regulations in 21 CFR

510.600(c)(1) and (c)(2) to reflect the

change of sponsor name and address.

List of Subjects in 21 CFR Part 510

Administrative practice and

procedure, Animal drugs, Labeling,

Reporting and recordkeeping

requirements.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 510 is amended as follows: