[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3823]


[[Page Unknown]]

[Federal Register: February 24, 1994]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1301

 

Amendment of the Fee Exemption for Federal, State and Local 
Government Employees

agency: Drug Enforcement Administration (DEA), Justice.

action: Final rule.

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summary: This final rule limits the exemption from payment of 
application fees for registration or reregistration to Federal, state, 
or local government operated hospitals or institutions. This will 
eliminate the need for DEA to dedicate manpower or other resources to 
controlling abuse of the fee exempt status.

effective date: March 28, 1994.

for further information contact: G. Thomas Gitchel, Chief, Liaison and 
Policy Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537, Telephone (202) 307-7297.

supplementary information: On June 1, 1993, a notice of proposed 
rulemaking was published in the Federal Register (58 FR 31180). DEA 
proposed to limit the exemption from payment of registration or 
reregistration application fees to Federal, state or local government 
operated hospital/clinics.
    A total of three comments were received, all opposed to the 
proposed changes. Two of the comments concerned state certified 
euthanasia technicians. The commentors objected to the changes on the 
grounds that the change would impose a financial burden on the 
euthanasia technicians and the animal shelters at which they work, due 
to the extremely high turnover rate the industry experiences. This will 
not be the case. The euthanasia technicians are employees of animal 
control facilities or shelters. They may not engage in their activities 
other than as employees of the facilities or shelters. Under such 
circumstances, DEA has traditionally issued the registrations for such 
activities under the facility or shelter name with the euthanasia 
technician's name appearing thereafter. It is appropriate under such 
circumstances for the Federal, state or local government facility or 
shelter to request and receive the exemption from the fee. In light of 
the fact that DEA registers these activities as other than a hospital 
or clinic, the original language of the proposal with respect to 
Federal, state or local hospitals or clinics has been changed to 
Federal, state or local hospitals or other institutions.
    The third commentor objected to the changes on the grounds that the 
proposed changes, if implemented, would prevent public sector employees 
from using their exempt status to obtain registrations for use in 
private practice. That is the exact intent of the proposal. Any 
individual who engages in private practice utilizing a DEA registration 
must pay the required fee for that registration. Individuals who engage 
in public practice as agents or employees of Federal, state or local 
hospitals or institutions would not be required to obtain a 
registration; they would conduct their controlled substances activities 
under the registration of the hospital or institution. Although this 
has been a longstanding policy, DEA will clarify the provisions for 
such activities in light of the impact that the limiting of the fee 
exemption will have. A proposal to amend Sec. 1301.24 has been drafted 
to clarify the exemption from the registration requirement of 
individual practitioners who act as agents or employees of other 
individual practitioners and of hospitals or other institutions. That 
proposal will be published in the Federal Register in the near future.
    There are approximately 44,000 active DEA registrations which were 
issued under the fee exempt status. Over 35,000 of the registrations 
are for practitioners and the remainder are for Federal, state or local 
hospitals or institutions. By restricting the fee exempt status to the 
hospitals or institutions and allowing the practitioners to carry out 
their official duties under the hospital or institution registrations, 
DEA will eliminate the need to dedicate manpower or other resources to 
controlling the misuse of the fee exempt status.
    The limiting of the fee exemption will not affect those law 
enforcement analytical laboratories which are described in 
Sec. 1301.26.
    The Deputy Assistant Administrator, Office of Diversion Control, 
hereby certifies that this final rule will have no significant impact 
upon entities whose interests must be considered under the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq. Any financial or regulatory 
burdens that practitioners may experience are existing burdens which 
the practitioners have heretofore avoided by inappropriate use of the 
fee exemption.
    This final rule is not a significant regulatory action and 
therefore has not been reviewed by the Office of Management and Budget 
pursuant to Executive Order 12866.
    This action has been analyzed in accordance with the principles and 
criteria in Executive Order 12612, and it has been determined that the 
final rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

List of Subjects in 21 CFR Part 1301

    Administrative practice and procedure, Drug traffic control, 
security measures.

    For reasons set out above, 21 CFR part 1301 is amended as follows:

PART 1301--[AMENDED]

    1. The authority citation for part 1301 continues to read as 
follows:

    Authority: 21 U.S.C. 821, 822, 823, 824, 871(b), 875, 877.

    2. Section 1301.13 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 1301.13  Persons exempt from fee.

    (a) The Administrator shall exempt from payment of an application 
fee for registration or reregistration any hospital or other 
institution which is operated by an agency of the United States 
(including the U.S. Army, Navy, Marine Corps, Air Force, and Coast 
Guard), of any State, or any political subdivision or agency thereof.
    (b) In order to claim exemption from payment of a registration or 
reregistration application fee, the registrant shall have completed the 
certification on the appropriate application form, wherein the 
registrant's officer certifies to the status and address of the 
registrant.
* * * * *
    Dated: February 14, 1994.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 94-3823 Filed 2-23-94; 8:45 am]
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