Technical Correction to Regulation Regarding Registration Exception for Officials, 66954-66955 [2022-24140]

Agencies

• Drug Enforcement Administration
• Department of Justice

[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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