[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Rules and Regulations]
[Pages 68340-68342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27097]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1301

[Docket No. DEA-511]


Technical Correction to Regulation Regarding Registration

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule; technical correction.

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SUMMARY: This final rule corrects an erroneous cross-reference in a 
Drug Enforcement Administration regulation involving registration and 
ocean vessels, aircraft, and other entities. This change will provide 
clarity.

DATES: This rule is effective December 16, 2019.

FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Diversion Control 
Division, Drug Enforcement Administration; Mailing Address: 8701

[[Page 68341]]

Morrissette Drive, Springfield, Virginia 22152; Telephone: (571) 362-
3261.

SUPPLEMENTARY INFORMATION: 

Legal Authority

    The Controlled Substances Act (CSA) grants the Attorney General 
authority to promulgate rules and regulations relating to the 
registration and control of the manufacture, distribution, and 
dispensing of controlled substances; as well as the maintenance and 
submission of records and reports of registrants; and that are 
necessary and appropriate for the efficient execution of his statutory 
functions. 21 U.S.C. 821, 827, 871(b). The Attorney General is further 
authorized by the CSA to promulgate rules and regulations relating to 
the registration and control of importers and exporters of controlled 
substances. 21 U.S.C. 958(f). The Attorney General has delegated this 
authority to the Administrator of the DEA. 28 CFR 0.100(b).

Technical Correction

    This rule revises a reference to ``Sec.  1307.11(a)(4)'' in 21 CFR 
1301.25(f)(3) to the correct reference, ``Sec.  1307.11(a)(1)(iv).'' 
This change is not substantive and is only intended to improve the 
clarity of 21 CFR 1301.25(f)(3).

Regulatory Analyses

Administrative Procedure Act

    The Administrative Procedure Act (APA) (5 U.S.C. 553) does not 
require notice and the opportunity for public comment where the agency 
for good cause finds that notice and public comment are unnecessary, 
impracticable, or contrary to the public interest under 5 U.S.C. 
553(b)(B). This rule contains a technical correction; it imposes no new 
or substantive requirement on the public or DEA registrants. As such, 
DEA has determined that notice and the opportunity for public comment 
on this rule are unnecessary. Because this is not a substantive rule 
and as DEA finds good cause under 5 U.S.C. 553(d)(3) for the above 
reason, this final rule will take effect upon date of publication in 
the Federal Register.

Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review), and 13771 (Reducing 
Regulation and Controlling Regulatory Costs)

    This final rule was developed in accordance with the principles of 
Executive Orders 12866, 13563, and 13771. Executive Order 12866 directs 
agencies to assess all costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health, and safety effects; distributive impacts; 
and equity). Executive Order 13563 is supplemental to, and reaffirms, 
the principles, structures, and definitions governing regulatory review 
as established in Executive Order 12866. The Office of Information and 
Regulatory Affairs has deemed this rulemaking not significant under 
E.O. 12866. This rule is not an E.O. 13771 regulatory action because 
this rule is not significant under E.O. 12866.

Executive Order 12988, Civil Justice Reform

    This final rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

Executive Order 13132, Federalism

    This final rule does not have federalism implications warranting 
the application of Executive Order 13132. The final rule does not have 
substantial direct effects on the States, on the relationship between 
the Federal Government and the States, or the distribution of power and 
responsibilities among the various levels of government.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    This final rule does not have tribal implications warranting the 
application of Executive Order 13175. This rule does not have 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) applies to 
rules that are subject to notice and comment under section 553(b) of 
the APA. As noted in the above discussion regarding applicability of 
the APA, the DEA was not required to publish a general notice of 
proposed rulemaking prior to this final rule. Consequently, the RFA 
does not apply.

Unfunded Mandates Reform Act of 1995

    The DEA has determined and certified pursuant to the Unfunded 
Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501 et seq., that this 
action will not result in any federal mandate that may result in the 
expenditure by State, local and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000 or more (adjusted annually 
for inflation) in any one year. Therefore, neither a Small Government 
Agency Plan nor any other action is required under the provisions of 
UMRA.

Paperwork Reduction Act of 1995

    This action does not involve a collection of information 
requirement under the Paperwork Reduction Act, 44 U.S.C. 3501-3521. 
This action would not impose recordkeeping or reporting requirements on 
State or local governments, individuals, businesses, or organizations. 
An agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act (CRA), 5 U.S.C. 804. This rule will not result in: An annual 
effect on the economy of $100,000,000 or more; a major increase in 
costs or prices for consumers, individual industries, Federal, State, 
or local government agencies, or geographic regions; or significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets. 
However, pursuant to the CRA, the DEA is submitting a copy of this 
final rule to both Houses of Congress and to the Comptroller General.

List of Subjects in 21 CFR Part 1301

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

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

PART 1301--REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND 
DISPENSERS OF CONTROLLED SUBSTANCES

0
 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, 956, 957, 958, 965 unless otherwise noted.

[[Page 68342]]

Sec.  1301.25  [Amended]

0
 2. Amend Sec.  1301.25(f)(3) by removing ``1307.11(a)(4)'' and adding 
in its place ``1307.11(a)(1)(iv)''.

    Dated: December 4, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019-27097 Filed 12-13-19; 8:45 am]
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