[Title 21 CFR 1313]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 21 - FOOD AND DRUGS]
[Chapter II - DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE]
[Part 1313 - IMPORTATION AND EXPORTATION OF PRECURSORS AND ESSENTIAL CHEMICALS]
[From the U.S. Government Printing Office]
21FOOD AND DRUGS92002-04-012002-04-01falseIMPORTATION AND EXPORTATION OF PRECURSORS AND ESSENTIAL CHEMICALS1313PART 1313FOOD AND DRUGSDRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
PART 1313--IMPORTATION AND EXPORTATION OF PRECURSORS AND ESSENTIAL CHEMICALS--Table of Contents
Sec.
1313.01 Scope.
1313.02 Definitions.
Importation of Listed Chemicals
1313.12 Requirement of authorization to import.
1313.13 Contents of import declaration.
1313.14 Distribution of import declaration.
1313.15 Waiver of 15-day advance notice for regular importers.
Exportation of Listed Chemicals
1313.21 Requirement of authorization to export.
1313.22 Contents of export declaration.
1313.23 Distribution of export declaration.
1313.24 Waiver of 15-day advance notice for chemical exporters.
1313.25 Foreign import restrictions.
Transshipments, In-Transit Shipments and International Transactions
Involving Listed Chemicals
1313.31 Advance notice of importation for transshipment or transfer.
1313.32 Requirement of authorization for international transactions.
1313.33 Contents of an international transaction declaration.
1313.34 Distribution of the international transaction declaration.
1313.41 Suspension of shipments.
Hearings
1313.51 Hearings generally.
1313.52 Purpose of hearing.
1313.53 Waiver of modification of rules.
1313.54 Request for hearing.
1313.55 Burden of proof.
1313.56 Time and place of hearing.
1313.57 Final order.
Authority: 21 U.S.C. 802, 830, 871(b), 971.
Source: 54 FR 31665, Aug. 1, 1989, unless otherwise noted.
Sec. 1313.01 Scope.
Procedures governing the importation, exportation, transshipment and
in-transit shipment of listed chemicals pursuant to section 1018 of the
Act (21 U.S.C. 971) are governed generally by that section and
specifically by the sections of this part.
[54 FR 31665, Aug. 1, 1989, as amended at 60 FR 32465, June 22, 1995]
[[Page 139]]
Sec. 1313.02 Definitions.
Any term used in this part shall have the definition set forth in
section 102 of the Act (21 U.S.C. 802) or part 1300 of this chapter.
[62 FR 13969, Mar. 24, 1997]
Importation of Listed Chemicals
Sec. 1313.12 Requirement of authorization to import.
(a) Each regulated person who imports a listed chemical that meets
or exceeds the threshold quantities identified in Sec. 1310.04(f) or is
a listed chemical for which no threshold has been established as
identified in Sec. 1310.04(g) of this chapter, shall notify the
Administrator of the importation not later than 15 days before the
transaction is to take place.
(b) A completed DEA Form 486 must be received at the following
address not later than 15 days prior to the importation: Drug
Enforcement Administration, P.O. Box 28346, Washington, DC 20038.
A copy of the completed DEA Form 486 may be transmitted directly to
the Drug Enforcement Administration, Chemical Control Section, through
electronic facsimile media not later than 15 days prior to the
importation.
(c) The 15-day advance notification requirement for listed chemical
imports may be waived for:
(1) Any regulated person who has satisfied the requirements for
reporting to the Administration as a regular importer of such listed
chemicals; or
(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.
(d) For imports where advance notification is waived pursuant to
paragraph (c)(1) of this section, the DEA Form 486 must be received by
the Drug Enforcement Administration, Chemical Operations Section, on or
before the date of importation through use of the mailing address listed
in Sec. 1313.12(b) or through use of electronic facsimile media.
(e) For importations where advance notification is waived pursuant
to paragraph (c)(2) of this section no DEA Form 486 is required,
however, the regulated person shall submit quarterly reports to the Drug
Enforcement Administration, Chemical Operations Section, P.O. Box 28346,
Washington, DC 20038, by no later than the 15th day of the month
following the end of each quarter. The report shall contain the
following information regarding each individual importation:
(1) The name of the listed chemical;
(2) The quantity and date imported;
(3) The name and full business address of the supplier;
(4) The foreign port of embarkation; and
(5) The port of entry.
(f) The 15 day advance notification requirement set forth in
paragraph (a) has been waived for imports of the following listed
chemicals:
(1) Acetone.
(2) 2-Butanone (or Methyl Ethyl Ketone or MEK).
(3) Toluene.
[54 FR 31665, Aug. 1, 1989, as amended at 59 FR 51367, Oct. 11, 1994; 60
FR 32464, June 22, 1995; 66 FR 46520, Sept. 6, 2001]
Sec. 1313.13 Contents of import declaration.
(a) Any List I or List II chemical listed in Sec. 1310.02 of this
chapter may be imported if that chemical is necessary for medical,
commercial, scientific, or other legitimate uses within the United
States. Chemical importations into the United States for immediate
transfer/transshipment outside the United States must comply with the
procedures set forth in Sec. 1313.31.
(b) Any regulated person who desires to import a threshold or
greater quantity of a listed chemical shall notify the Administration
through procedures set forth in Sec. 1313.12 and distribute three copies
of DEA Form 486 as directed in Sec. 1313.14.
(c) The DEA Form 486 must be executed in triplicate and must include
the following information:
(1) The name, address, telephone number, telex number, and, where
available, the facsimile number of the chemical importer; the name,
address, telephone, telex, and where available, the facsmile number of
the broker or forwarding agent (if any); and
(2) The name and description of each listed chemical as it appears
on the
[[Page 140]]
label or container, the name of each chemical as it is designated in
1310.02 of this chapter, the size or weight of container, the number of
containers, the net weight of each listed chemical given in kilograms or
parts thereof; and the gross weight of the shipment given in kilograms
or parts thereof; and
(3) The proposed import date, the foreign port of exportation and
the first U.S. Customs Port of Entry; and
(4) The name, address, telephone number, telex number, and, where
available, the facsmile number of the consignor in the foreign country
of exportation.
[54 FR 31665, Aug. 1, 1989, as amended at 60 FR 32465, June 22, 1995]
Sec. 1313.14 Distribution of import declaration.
The required three copies of the listed chemical import declaration
(DEA Form 486) will be distributed as follows:
(a) Copy 1 shall be retained on file by the regulated person as the
official record of import. Import declaration forms involving a List I
chemical must be retained for four years; declaration forms for List II
chemical must be retained for two years.
(b) Copy 2 is the Drug Enforcement Administration copy used to
fulfill the notification requirements of Section 6053 of the Chemical
Diversion and Trafficking Act of 1988, as specified in Sec. 1313.12.
(c) Copy 3 shall be presented to the U.S. Customs Sevice along with
the customs entry. If the import is a regulated transaction for which
the 15-day advance notice requirement has been waived, the regulated
person shall declare this information to the U.S. Customs Service
Official by checking the block on the DEA Form 486 designated for this
purpose.
[54 FR 31665, Aug. 1, 1989, as amended at 60 FR 32465, June 22, 1995]
Sec. 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
Sec. 1300.02(b)(13), documenting their status as a regular importer.
(b) Each regulated person making application under paragraph (a) of
this section shall be considered a ``regular importer'' for purposes of
waiving the 15-day advance notice, 30 days after receipt of the
application by the Administration, as indicated on the return receipt,
unless the regulated person is otherwise notified in writing by the
Administration.
(c) The Administrator, may, at any time, disqualify a regulated
person's status as a regular importer on the grounds that the chemical
being imported may be diverted to the clandestine manufacture of a
controlled substance.
(d) Unless the Administration notifies the chemical importer to the
contrary, the qualification of a regular importer of any one of these
three chemicals, acetone, 2-Butanone (MEK), or toluene, qualifies that
importer as a regular importer of all three of these chemicals.
(e) All chemical importers shall be required to file a DEA Form 486
as required by Section 1313.12.
[60 FR 32464, June 22, 1995, as amended at 62 FR 13969, Mar. 24, 1997]
Exportation of Listed Chemicals
Sec. 1313.21 Requirement of authorization to export.
(a) No person shall export or cause to be exported from the United
States any chemical listed in Sec. 1310.02 of this chapter, which meets
or exceeds the threshold quantities identified in Sec. 1310.04(f) or is
a listed chemical for which no threshold has been established as
identified in Sec. 1310.04(g) of this chapter, until such time as the
Administrator has been notified. Notification must be made not later
than 15 days before the transaction is to take place. In order to
facilitate the export of listed chemicals and implement the purpose of
the Act, regulated persons may wish to provide notification to the
Administration as far in advance of the 15 days as possible.
(b) A completed DEA Form 486 must be received at the following
address not
[[Page 141]]
later than 15 days prior to the exportation: Drug Enforcement
Administration, P.O. Box 28346, Washington, DC 20038. A copy of the
completed DEA Form 486 may be transmitted directly to the Drug
Enforcement Administration, Chemical Control Section, through electronic
facsimile media not later than 15 days prior to the exportation.
(c) The 15-day advance notification requirement for listed chemical
exports may be waived for:
(1) Any regulated person who has satisfied the requirements of
Section 1313.24 for reporting to the Administration an established
business relationship with a foreign customer as defined in
Sec. 1300.02(b)(12).
(2) A specific listed chemical to a specified country, 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.
(d) For exports where advance notification is waived pursuant to
paragraph (c)(1) of this section, the DEA Form 486 must be received by
the Drug Enforcement Administration, Chemical Operations Section, on or
before the date of exportation through use of the mailing address listed
in Section 1313.12(b) or through use of electronic facsimile media.
(e) For exportations where advance notification is waived pursuant
to paragraph (c)(2) of this section, no DEA Form 486 is required,
however, the regulated person shall file quarterly reports to the Drug
Enforcement Administration, Chemical Control Section, P.O. Box 28346,
Washington, DC 20038, by no later than the 15th day of the month
following the end of each quarter. The report shall contain the
following information regarding each individual exportation:
(1) The name of the listed chemical;
(2) The quantity and date exported;
(3) The name and full business address of the foreign customer;
(4) The port of embarkation; and
(5) The foreign port of entry.
(f) The 15 day advance notification requirement set forth in
paragraph (a) of this section has been waived for exports of the
following listed chemicals to the following countries:
------------------------------------------------------------------------
Name of Chemical Country
------------------------------------------------------------------------
[Reserved]................................ ............................
------------------------------------------------------------------------
(g) No person shall export or cause to be exported any listed
chemical, knowing or having reasonable cause to believe the export is in
violation of the laws of the country to which the chemical is exported
or the chemical will be used to manufacture a controlled substance in
violation of the Act or the laws of the country to which the chemical is
exported. The Administration will publish a notice of foreign import
restrictions for listed chemicals of which DEA has knowledge as provided
in Sec. 1313.25.
[54 FR 31665, Aug. 1, 1989, as amended at 59 FR 51367, Oct. 11, 1994; 60
FR 32464, June 22, 1995; 62 FR 13969, Mar. 24, 1997; 66 FR 46520, Sept.
6, 2001]
Sec. 1313.22 Contents of export declaration.
(a) Any List I or List II chemical listed in Sec. 1310.02 of this
chapter which meets or exceeds the quantitative threshold criteria
established in Sec. 1310.04(f) of this chapter may be exported if that
chemical is needed for medical, commercial, scientific, or other
legitimate uses.
(b) Any regulated person who desires to export a threshold or
greater quantity of a listed chemical shall notify the Administration
through procedures outlined in Sec. 1313.21 and distribute three copies
of DEA Form 486 as directed in Sec. 1313.23.
(c) The DEA Form 486 must be executed in triplicate and must include
all the following information:
(1) The name, address, telephone number, telex number, and, where
available, the facsimile number of the chemical exporter; the name,
address, telephone number, telex number, and, where available, the
facsimile number of the export broker, if any;
(2) The name and description of each listed chemical as it appears
on the label or container, the name of each listed chemical as it is
designated in Sec. 1310.02 of this chapter, the size or weight of
container, the number of containers, the net weight of each listed
chemical given in kilograms or parts thereof, and the gross weight of
the
[[Page 142]]
shipment given in kilograms or parts thereof;
(3) The proposed export date, the U.S. Customs port of exportation,
and the foreign port of entry; and
(4) The name, address, telephone, telex, and where available, the
facsimile number of the consignee in the country where the chemical
shipment is destined; the name(s) and address(es) of any intermediate
consignee(s).
(d) Notwithstanding the time limitations included in paragraph (b)
of this section, a regulated person may receive a waiver of the 15-day
advance notification requirement following the procedures outlined in
Sec. 1313.24.
(e) Declared exports of listed chemicals which are refused,
rejected, or otherwise deemed undeliverable may be returned to the U.S.
chemical exporter of record. A brief written notification (this does not
require a DEA Form 486) outlining the circumstances must be sent to the
Drug Enforcement Administration, P.O. Box 28346, Washington, DC 20038,
following the return within a reasonable time. This provision does not
apply to shipments that have cleared foreign customs, been delivered,
and accepted by the foreign consignee. Returns to third parties in the
United States will be regarded as imports.
[54 FR 31665, Aug. 1, 1989, as amended at 60 FR 32465, June 22, 1995]
Sec. 1313.23 Distribution of export declaration.
The required three copies of the listed chemical export declaration
(DEA Form 486) will be distributed as follows:
(a) Copy 1 shall be retained on file by the chemical exporters as
the official record of export. Export declaration forms involving a List
I chemical must be retained for four years; declaration forms for list
II chemical must be retained for two years.
(b) Copy 2 is the Drug Enforcement Administration copy used to
fulfill the notification requirements of Section 6053 of the Chemical
Diversion and Trafficking Act of 1988, as specified in Sec. 1313.21
(c) Copy 3 shall be presented to the U.S. Customs Service at the
port of exit for each export of a listed chemical or chemicals on or
before the day of exportation, and when possible, along with the
Shippers Export Declaration.
[54 FR 31665, Aug. 1, 1989, as amended at 60 FR 32465, June 22, 1995; 61
FR 51004, Sept. 30, 1996]
Sec. 1313.24 Waiver of 15-day advance notice for chemical exporters.
(a) Each regulated person shall provide to the Administration the
identity and information listed in Sec. 1300.02(b)(12) for an
established business relationship with a foreign customer not later than
August 31, 1989.
(b) Not later than October 31, 1989, each regular customer so
identified in notifications made under Sec. 1313.24(a) shall be a
regular customer for purposes of waiving the 15-day advance notice
requirement, unless the regulated person is otherwise notified in
writing by the Administration.
(c) Each foreign customer identified on an initial DEA Form 486
submitted after the effective date of the implementation of part 1313
shall, after the expiration of the 15-day period, qualify as a regular
customer, unless the Administration otherwise notifies the regulated
person in writing.
(d) Unless the Administration notifies the chemical exporter to the
contrary, the qualification of a regular customer for any one of these
three chemicals, acetone, 2-Butanone (MEK), or toluene, qualifies that
customer as a regular customer for all three of these chemicals.
(e) The Administrator may notify any chemical exporter that a
regular customer has been disqualified or that a new customer for whom a
notification has been submitted is not to be accorded the status of a
regular customer. In the event of a disqualification of an established
regular customer, the chemical exporter will be notified in writing of
the reasons for such action.
Public reporting (one-time) burden for this collection of information is
estimated to average four hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing
[[Page 143]]
and reviewing and collection of information. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to the Drug
Enforcement Administration, Records Management Section, Washington, DC
20537; and to the Office of Management and Budget, Paperwork Reduction
Project No. 1117-0025, Washington, DC 20503.
[54 FR 31665, Aug. 1, 1989, as amended at 56 FR 55077, Oct. 24, 1991; 62
FR 13969, Mar. 24, 1997]
Sec. 1313.25 Foreign import restrictions.
Any export from the United States in violation of the law of the
country to which the chemical is exported is subject to the penalties of
Title 21 United States Code 960(d).
Transshipments, In-Transit Shipments and International Transactions
Involving Listed Chemicals
Sec. 1313.31 Advance notice of importation for transshipment or transfer.
(a) A quantity of a chemical listed in Sec. 1310.02 of this chapter
that meets or exceeds the threshold reporting requirements found in
Sec. 1310.04(f) of this chapter may be imported into the United States
for transshipment, or may be transferred or transshipped within the
United States for immediate exportation, provided that advance notice is
given to the Administration.
(b) Advance notification must be provided to the Drug Enforcement
Administration, P.O. Box 28346, Washington, DC 20038, not later than 15
days prior to the proposed date the listed chemical will transship or
transfer through the United States. The written notification (not a DEA
Form 486) shall contain the following information:
(1) The date the notice was executed;
(2) The complete name and description of the listed chemical as it
appears on the label or container.
(3) The name of the listed chemical as designated by Sec. 1310.02 of
this chapter.
(4) The number of containers and the size or weight of the container
for each listed item;
(5) The new weight of each listed chemical given in kilograms or
parts thereof;
(6) The gross weight of the shipment given in kilograms or parts
thereof;
(7) The name, address, telephone number, telex number, business of
the foreign exporter and, where available, the facsimile number;
(8) The foreign port of exportation;
(9) The approxhmate date of exportation;
(10) The complete identification of the exporting carrier;
(11) The name, address, business, telephone number, telex number,
and, where available, the facsimile number of the importer, transferor,
or transshipper;
(12) The U.S. port of entry;
(13) The approximate date of entry;
(14) The name, address, telephone number, telex number, business of
the consignee and, where available, facsimile number of the consignee at
the foreign port of entry;
(15) The shipping route from the U.S. port of exportation to the
foreign port of entry at final destination;
(16) The approximate date of receipt by the consignee at the foreign
port of entry; and
(17) The signature of the importer, transferor or transshipper, or
his agent, accompanied by the agent's title.
(c) Unless notified to the contrary prior to the expected date of
delivery, the importation for transshipment or transfer is considered
approved.
(d) No waiver of the 15-day advance notice will be given for imports
of listed chemicals in quantities meeting or exceeding threshold
quantities for transshipment or transfer outside the United States.
Sec. 1313.32 Requirement of authorization for international transactions.
(a) A broker or trader shall notify the Administrator prior to an
international transaction involving a listed chemical which meets or
exceeds the threshold amount identified in Section 1310.04 of this
chapter, in which the broker or trader participates. Notification must
be made no later than 15 days before the transaction is to take
[[Page 144]]
place. In order to facilitate an international transaction involving
listed chemicals and implement the purpose of the Act, regulated persons
may wish to provide advance notification to the Administration as far in
advance of the 15 days as possible.
(b)(1) A completed DEA Form 486 must be received at the following
address not later than 15 days prior to the international transaction:
Drug Enforcement Administration, P.O. Box 28346, Washington, D.C.
20038
(2) A copy of the DEA Form 486 may be transmitted directly to the
Drug Enforcement Administration, Chemical Operations Section, through
electronic facsimile media not later than 15 days prior to the
exportation.
(c) No person shall serve as a broker or trader for an international
transaction involving a listed chemical knowing or having reasonable
cause to believe that the transaction is in violation of the laws of the
country to which the chemical is exported or the chemical will be used
to manufacture a controlled substance in violation of the laws of the
country to which the chemical is exported. The Administration will
publish a notice of foreign import restrictions for listed chemicals of
which DEA has knowledge as provided in Section 1313.25.
[60 FR 32465, June 22, 1995; 61 FR 17566, Apr. 22, 1996]
Sec. 1313.33 Contents of an international transaction declaration.
(a) An international transaction involving a chemical listed in
Sec. 1310.02 of this chapter which meets the threshold criteria
established in Sec. 1310.04 of this chapter may be arranged by a broker
or trader if the chemical is needed for medical, commercial, scientific,
or other legitimate uses.
(b) Any broker or trader who desires to arrange an international
transaction involving a listed chemical which meets the criteria set
forth in Section 1310.04 shall notify the Administration through the
procedures outlined in Section 1313.32(b).
(c) The DEA Form 486 must be executed in triplicate and must include
all the following information:
(1) The name, address, telephone number, telex number, and, where
available, the facsimile number of the chemical exporter; the name,
address, telephone number, telex number, and, where available, the
facsimile number of the chemical importer;
(2) The name and description of each listed chemical as it appears
on the label or container, the name of each listed chemical as it is
designated in Section 1310.02 of this chapter, the size or weight of
container, the number of containers, the net weight of each listed
chemical given in kilograms or parts thereof, and the gross weight of
the shipment given in kilograms or parts thereof;
(3) The proposed export date, the port of exportation, and the port
of importation; and
(4) The name, address, telephone, telex, and where available, the
facsimile number, of the consignee in the country where the chemical
shipment is destined; the name(s) and address(es) of any intermediate
consignee(s).
[60 FR 32465, June 22, 1995]
Sec. 1313.34 Distribution of the international transaction declaration.
The required three copies of the DEA Form 486 will be distributed as
follows:
(a) Copies 1 and 3 shall be retained on file by the broker or trader
as the official record of the international transaction. Declaration
forms involving List I chemicals shall be retained for List II chemicals
shall be retained for four years; declaration forms for two years.
(b) Copy 2 is the Drug Enforcement Administration copy used to
fulfill the notification requirements of Section 1313.32.
[60 FR 32465, June 22, 1995; 60 FR 35264, July 6, 1995]
Sec. 1313.41 Suspension of shipments.
(a) The Administrator may suspend any importation or exportation of
a chemical listed in Sec. 1310.02 of this chapter based on evidence that
the chemical proposed to be imported or exported may be diverted to the
clandestine manufacture of a controlled substance. If the Administrator
so suspends, he shall provide written notice
[[Page 145]]
of such suspension to the regulated person. Such notice shall contain a
statement of the legal and factual basis for the order.
(b) Upon service of the order of suspension, the regulated person to
whom the order applies under paragraph (a) of this section must, if he
desires a hearing, file a written request for a hearing pursuant to
Secs. 1313.51-1313.57.
Hearings
Sec. 1313.51 Hearings generally.
In any case where a regulated person requests a hearing regarding
the suspension of a shipment of a listed chemical, the procedures for
such hearing shall be governed generally by the procedures set forth in
the Administrative Procedure Act (5 U.S.C. 551-559) and specifically by
section 6053 of the Chemical Diversion and Trafficking Act (Pub. L. 100-
690), by 21 CFR 1313.52-1313.57, and by the procedures for
administrative hearings under the Controlled Substances Act set forth in
Secs. 1316.41-1316.67 of this chapter.
Sec. 1313.52 Purpose of hearing.
If requested by a person entitled to a hearing, the Administrator
shall cause a hearing to be held for the purpose of receiving factual
evidence regarding the issues involved in the suspension of shipments
within 45 days of the date of the request, unless the requesting party
requests an extension of time.
Sec. 1313.53 Waiver of modification of rules.
The Administrator or the presiding officer (with respect to matters
pending before him) may modify or waive any rule in this part by notice
in advance of the hearing, if he determines that no party in the hearing
will be unduly prejudiced and the ends of justice will thereby be
served. Such notice of modification or waiver shall be made a part of
the record of the hearing.
Sec. 1313.54 Request for hearing.
(a) Any person entitled to a hearing pursuant to Sec. 1313.52 and
desiring a hearing shall, within 30 days after receipt of the notice to
suspend the shipment, file with the Administrator a written request for
a hearing in the form prescribed in Sec. 1316.47 of this chapter.
(b) If any person entitled to a hearing or to participate in a
hearing pursuant to Sec. 1313.41 fails to file a request for a hearing
or a notice of appearance, or if he so files and fails to appear at the
hearing, he shall be deemed to have waived his opportunity for the
hearing or to participate in the hearing, unless he shows good cause for
such failure.
(c) If all persons entitled to a hearing or to participate in a
hearing waive or are deemed to waive their opportunity for the hearing
or to participate in the hearing, the Administrator may cancel the
hearing, if scheduled, and issue his final order pursuant to
Sec. 1313.57.
Sec. 1313.55 Burden of proof.
At any hearing regarding the suspension of shipments, the Agency
shall have the burden of proving that the requirements of this part for
such suspension are satisfied.
Sec. 1313.56 Time and place of hearing.
(a) If any regulated person requests a hearing on the suspension of
shipments, a hearing will be scheduled no later than 45 days after the
request is made, unless the regulated person requests an extension to
this date.
(b) The hearing will commence at the place and time designated in
the notice given pursuant to paragraph (a) of this section but
thereafter it may be moved to a different place and may be continued
from day to day or recessed to a later day without notice other than
announcement thereof by the presiding officer at the hearing.
Sec. 1313.57 Final order.
As soon as practicable after the presiding officer has certified the
record to the Administrator, the Administrator shall issue his order
regarding the suspension of shipment. The order shall include the
findings of fact and conclusions of law upon which the order is based.
The Administrator shall serve one copy of his order upon each party in
the hearing.
PARTS 1314-1315 [RESERVED]
[[Page 146]]