[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Rules and Regulations]
[Pages 66954-66955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24140]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-555]
Technical Correction to Regulation Regarding Registration
Exception for Officials
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule; technical correction.
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SUMMARY: This final rule updates a Drug Enforcement Administration
regulation involving exemption from registration for law enforcement
officials by removing an inapposite cross-reference listing. This
action makes no substantive changes to this regulation.
DATES: This rule is effective November 7, 2022
FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Regulatory Drafting
and Policy Support Section, Diversion Control Division, Drug
Enforcement Administration; Mailing Address: 8701 Morrissette Drive,
Springfield, Virginia 22152; Telephone: (571) 776-3882.
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 Drug Enforcement Administration
(DEA). 28 CFR 0.100(b).
Technical Correction
Section 1301.24(a) of title 21 of the CFR provides that various law
enforcement officials, including certain DEA officers or employees, are
exempt from the registration requirement, and no change is being made
in that provision.\1\
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\1\ See 21 CFR 1301.11(a).
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DEA is amending 21 CFR 1301.24(b) by removing the cross-reference
to 21 CFR 1316.03(d). Section 1301.24(b) currently provides, among
other things, that any such official exempted under paragraph (a), and
acting in the course of his or her official duties, may procure
controlled substances during an inspection, in accordance with Sec.
1316.03(d).
Section 1316.03(d) pertains to a DEA inspector entering controlled
premises and conducting administrative inspections under the CSA and
the regulations. If the DEA inspector collects samples of controlled
substances or listed chemicals, Sec. 1316.03(d) provides that the
inspector will issue receipts on DEA Form 400 for samples of controlled
substances or listed chemicals collected during an inspection.
Accordingly, this particular provision would apply only to DEA
inspectors conducting administrative inspections, and not to any other
law enforcement official that is exempted under 21 CFR 1301.24(a).
Section 1316.03(d) remains applicable by its terms to DEA inspectors
conducting administrative inspections, and so there is no need to
include a cross-reference to this provision in Sec. 1301.24(a). In
addition, only DEA officers or employees would have access to such a
form. Therefore, DEA has concluded it is best that this inapposite
cross-reference to Sec. 1316.03(d) be removed, as this will eliminate
any confusion.
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. See 5 U.S.C. 553(b)(B) (relating to
notice and comment procedures). ``[W]hen regulations merely restate the
statute they implement, notice-and-comment procedures are
unnecessary.'' Gray Panthers Advocacy Committee v. Sullivan, 936 F.2d
1284, 1291 (D.C. Cir. 1991); see also United States v. Cain, 583 F.3d
408, 420 (6th Cir. 2009) (contrasting legislative rules, which require
notice-and-comment procedures, ``with regulations that merely restate
or interpret statutory obligations,'' which do not); Komjathy v. Nat.
Trans. Safety Bd., 832 F.2d 1294, 1296 (D.C. Cir. 1987) (when a rule
``does no more than repeat, virtually verbatim, the statutory grant of
authority'' notice-and-comment procedures are not required). 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 takes effect
upon date of publication in the Federal Register.
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review)
This final rule was developed in accordance with the principles of
Executive Orders (E.O.) 12866 and 13563. E.O. 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).
E.O. 13563 is supplemental to, and reaffirms, the principles,
structures, and definitions governing regulatory review as established
in E.O. 12866. The
[[Page 66955]]
Office of Information and Regulatory Affairs (OIRA) has deemed that
this is not significant regulatory action under E.O. 12866, and
accordingly it has not been reviewed by OIRA.
Executive Order 12988, Civil Justice Reform
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 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 E.O. 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 E.O. 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, 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
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 million 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 Office of Management and Budget 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. Because this is a rule of agency
organization, procedure, or practice that does not substantially affect
the rights or obligations of non-agency parties, the reporting
requirement under 5 U.S.C. 801 does not apply.
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.
Sec. 1301.24 [Amended]
0
2. Amend Sec. 1301.24(b), by removing ``, in accordance with Sec.
1316.03(d) of this chapter,''.
Signing Authority
This document of the Drug Enforcement Administration was signed on
November 1, 2022, by Administrator Anne Milgram. That document with the
original signature and date is maintained by DEA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DEA Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of DEA. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Scott Brinks,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2022-24140 Filed 11-4-22; 8:45 am]
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