[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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