Conforming Amendment Regarding the Veterinary Medicine Mobility Act of 2014, 8538-8539 [2024-02322]
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Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations
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DEPARTMENT OF JUSTICE
FOR FURTHER INFORMATION CONTACT:
Conforming Amendment Regarding
the Veterinary Medicine Mobility Act of
2014
Stephen DiFranco, Center for Food
Safety and Applied Nutrition, Food and
Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–2710.
Under the
Federal Food, Drug, and Cosmetic Act
(section 721(d)(1) (21 U.S.C.
379e(d)(1))), we are giving notice that
we have filed a color additive petition
(CAP 4C0328), submitted by Exponent,
Inc., on behalf of Sensient Colors, LLC.,
1150 Connecticut Ave. NW, Suite 1100,
Washington, DC 20036. The petition
proposes to amend the color additive
regulations in § 73.69 (21 CFR 73.69)
Listing of Color Additives Exempt from
Certification: Butterfly pea flower
extract to expand the safe use of
butterfly pea flower extract to include
ready-to-eat cereals, crackers and snack
mixes, and chips at levels consistent
with good manufacturing practice.
The petitioner claims that this action
is categorically excluded under 21 CFR
25.32(k) because the substance is
intended to remain in food through
ingestion by consumers and is not
intended to replace macronutrients in
food. In addition, the petitioner states
that, to their knowledge, no
extraordinary circumstances exist. If
FDA determines a categorical exclusion
applies, neither an environmental
assessment nor an environmental
impact statement is required. If FDA
determines a categorical exclusion does
not apply, we will request an
environmental assessment and make it
available for public inspection.
SUPPLEMENTARY INFORMATION:
Dated: February 5, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–02576 Filed 2–7–24; 8:45 am]
lotter on DSK11XQN23PROD with RULES1
BILLING CODE 4164–01–P
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA–1043]
RIN 1117–AB82
Drug Enforcement
Administration (DEA), Department of
Justice.
ACTION: Final rule.
AGENCY:
The Veterinary Medicine
Mobility Act of 2014 (VMMA), which
became law on August 1, 2014,
amended the Controlled Substances Act
to address separate registration
requirements for veterinarians. The
VMMA allows a veterinarian to
transport and dispense controlled
substances in the usual course of
veterinary practice at a site other than
the veterinarian’s registered principal
place of business or professional
practice without obtaining a separate
registration, subject to certain
limitations. The Drug Enforcement
Administration is amending its
regulations to codify the VMMA. This
rule merely conforms DEA regulations
to statutory amendments of the
Controlled Substances Act that have
already taken effect and makes no
substantive change to existing legal
requirements.
SUMMARY:
This final rule is effective on
February 8, 2024.
FOR FURTHER INFORMATION CONTACT:
Scott A. Brinks, Regulatory Drafting and
Policy Support Section, Diversion
Control Division, Drug Enforcement
Administration; Telephone: (571) 776–
3882.
DATES:
SUPPLEMENTARY INFORMATION:
Legal Authority
The Drug Enforcement
Administration (DEA) implements and
enforces the Comprehensive Drug Abuse
Prevention and Control Act of 1970,
often referred to as the Controlled
Substances Act (CSA) and the
Controlled Substances Import and
Export Act, as amended.1 The CSA and
its implementing regulations are
designed to prevent, detect, and
eliminate the diversion of controlled
substances and listed chemicals into the
illicit market while providing for the
legitimate medical, scientific, research,
and industrial needs of the United
States. DEA publishes the implementing
regulations for these statutes in 21 CFR
parts 1300 to 1399.
On August 1, 2014, the President
signed the Veterinary Medicine Mobility
Act of 2014 (VMMA) into law as Public
Law 113–143.2 The VMMA amended
section 302(e) of the CSA to address
separate registration requirements for
veterinarians. Specifically, the VMMA
redesignated 21 U.S.C. 822(e) as 21
U.S.C. 822(e)(1) and added a new
paragraph, 21 U.S.C. 822(e)(2). The
newly added 21 U.S.C. 822(e)(2)
provides that ‘‘. . . a registrant who is
a veterinarian shall not be required to
have a separate registration in order to
transport and dispense controlled
substances in the usual course of
veterinary practice at a site other than
the registrant’s registered principal
place of business or professional
practice, so long as the site of
transporting and dispensing is located
in a State where the veterinarian is
licensed to practice veterinary medicine
and is not a principal place of business
or professional practice.’’ In this final
rule, DEA is amending its regulations to
conform to the change to the CSA made
by the VMMA.
Regulatory Analysis
Administrative Procedure Act
Under the Administrative Procedure
Act (APA),3 agencies generally offer
interested parties the opportunity to
comment on proposed regulations
before they become effective. However,
an agency may find good cause to
exempt a rule from certain provisions of
the APA, including those requiring the
publication of a prior notice of proposed
rulemaking and the opportunity for
public comment, if such actions are
determined to be unnecessary,
impracticable, or contrary to the public
interest. DEA finds there is good cause
within the meaning of the APA to issue
this amendment as a final rule without
opportunity for public comment and
with an immediate effective date
because such comment is unnecessary.
This final rule amends DEA
regulations simply to incorporate the
provisions of the VMMA. The legal
requirements articulated in this final
rule are already in effect by virtue of the
VMMA. This rule merely incorporates
the statutory provision into DEA
regulations.
DEA is publishing this as a final rule
because notice of proposed rulemaking
and solicitation of public comment is
2 Public
1 21
VerDate Sep<11>2014
16:18 Feb 07, 2024
Jkt 262001
PO 00000
U.S.C. 801–971.
Frm 00014
Fmt 4700
35
Sfmt 4700
Law 113–143, 128 Stat. 1750 (2014).
U.S.C. 553.
E:\FR\FM\08FER1.SGM
08FER1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Rules and Regulations
unnecessary.4 Because the statutory
change at issue has been in effect since
August 1, 2014, DEA finds good cause
exists to make this rule effective
immediately upon publication.5
Therefore, DEA is issuing this
amendment as a final rule, effective
upon publication in the Federal
Register.
Executive Orders 12866, 13563, and
14094 (Regulatory Review)
DEA has determined that this
rulemaking is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review. Accordingly, this
final rule has not been submitted to the
Office of Management and Budget
(‘‘OMB’’) for review. This final rule has
been drafted and reviewed in
accordance with Executive Order 12866,
‘‘Regulatory Planning and Review,’’
section 1(b), Principles of Regulation;
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review,’’
section 1(b), General Principles of
Regulation; and Executive Order 14094,
‘‘Modernizing Regulatory Review.’’
As stated above, this final rule
amends DEA regulations only to the
extent necessary to be consistent with
current Federal law, as modified by the
VMMA. DEA has no discretion with
respect to this amendment. The legal
requirements in this final rule have been
in effect since 2014, when the VMMA
became law. DEA anticipates all affected
persons are operating in accordance
with the VMMA and this codification
will have no economic impact.
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, Civil Justice
Reform, to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
lotter on DSK11XQN23PROD with RULES1
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 National Government and
4 See 5 U.S.C. 553(b)(B) (relating to notice and
comment procedures). ‘‘[W]hen regulations merely
restate the statute they implement, notice-andcomment procedures are unnecessary.’’ Gray
Panthers Advocacy Comm. v. Sullivan, 936 F.2d
1284, 1291 (D.C. Cir. 1991); see also Komjathy v.
Nat’l Transp. Safety Bd., 832 F.2d 1294, 1296 (D.C.
Cir. 1987) (per curiam) (notice-and-comment
procedures are not required when a rule ‘‘does no
more than repeat, virtually verbatim, the statutory
grant of authority’’).
5 See 5 U.S.C. 553(d).
VerDate Sep<11>2014
16:18 Feb 07, 2024
Jkt 262001
the States, or on 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. It 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
explained above, DEA determined that
there is good cause to exempt this final
rule from notice and comment.
Consequently, the RFA does not apply
to this final rule. In any event, as
explained above, this rule is a
conforming amendment that makes no
change in the status quo.
8539
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.
List of Subjects 21 CFR Part 1301
Administrative practice and
procedure, Drug traffic control, Exports,
Imports, Security measures.
For the reasons stated above, 21 CFR
part 1301 is amended as follows:
PART 1301—REGISTRATION OF
MANUFACTURERS, DISTRIBUTORS,
AND DISPENSERS OF CONTROLLED
SUBSTANCES
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., DEA has
determined 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 for
inflation) in any one year. Therefore,
neither a Small Government Agency
plan nor any other action is required
under UMRA of 1995.
Paperwork Reduction Act of 1995
This final rule does not involve a
collection of information requirement
under the Paperwork Reduction Act, 44
U.S.C. 3501–21. This final rule would
not impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations.
Congressional Review Act
This is not a major rule as defined by
the Congressional Review Act (CRA), 5
U.S.C. 804. However, pursuant to the
CRA, DEA is submitting a copy of this
final rule to both Houses of Congress
and to the Comptroller General.
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.
2. In § 1301.12, add paragraph (c) to
read as follows:
■
§ 1301.12 Separate registrations for
separate locations
*
*
*
*
*
(c) As provided in 21 U.S.C. 822(e)(2),
a registrant who is a veterinarian may
transport and dispense controlled
substances in the usual course of
veterinary practice at a site other than
the registrant’s registered principal
place of business or professional
practice without obtaining a separate
registration so long as the site of
transporting and dispensing is located
in a State where the veterinarian is
licensed to practice veterinary medicine
and is not a principal place of business
or professional practice.
[FR Doc. 2024–02322 Filed 2–7–24; 8:45 am]
BILLING CODE 4410–09–P
Signing Authority
This document of the Drug
Enforcement Administration was signed
on January 29, 2024, by Administrator
Anne Milgram. That document with the
PO 00000
Frm 00015
Fmt 4700
Sfmt 9990
E:\FR\FM\08FER1.SGM
08FER1
Agencies
[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Rules and Regulations]
[Pages 8538-8539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02322]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-1043]
RIN 1117-AB82
Conforming Amendment Regarding the Veterinary Medicine Mobility
Act of 2014
AGENCY: Drug Enforcement Administration (DEA), Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Veterinary Medicine Mobility Act of 2014 (VMMA), which
became law on August 1, 2014, amended the Controlled Substances Act to
address separate registration requirements for veterinarians. The VMMA
allows a veterinarian to transport and dispense controlled substances
in the usual course of veterinary practice at a site other than the
veterinarian's registered principal place of business or professional
practice without obtaining a separate registration, subject to certain
limitations. The Drug Enforcement Administration is amending its
regulations to codify the VMMA. This rule merely conforms DEA
regulations to statutory amendments of the Controlled Substances Act
that have already taken effect and makes no substantive change to
existing legal requirements.
DATES: This final rule is effective on February 8, 2024.
FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Regulatory Drafting
and Policy Support Section, Diversion Control Division, Drug
Enforcement Administration; Telephone: (571) 776-3882.
SUPPLEMENTARY INFORMATION:
Legal Authority
The Drug Enforcement Administration (DEA) implements and enforces
the Comprehensive Drug Abuse Prevention and Control Act of 1970, often
referred to as the Controlled Substances Act (CSA) and the Controlled
Substances Import and Export Act, as amended.\1\ The CSA and its
implementing regulations are designed to prevent, detect, and eliminate
the diversion of controlled substances and listed chemicals into the
illicit market while providing for the legitimate medical, scientific,
research, and industrial needs of the United States. DEA publishes the
implementing regulations for these statutes in 21 CFR parts 1300 to
1399.
---------------------------------------------------------------------------
\1\ 21 U.S.C. 801-971.
---------------------------------------------------------------------------
On August 1, 2014, the President signed the Veterinary Medicine
Mobility Act of 2014 (VMMA) into law as Public Law 113-143.\2\ The VMMA
amended section 302(e) of the CSA to address separate registration
requirements for veterinarians. Specifically, the VMMA redesignated 21
U.S.C. 822(e) as 21 U.S.C. 822(e)(1) and added a new paragraph, 21
U.S.C. 822(e)(2). The newly added 21 U.S.C. 822(e)(2) provides that ``.
. . a registrant who is a veterinarian shall not be required to have a
separate registration in order to transport and dispense controlled
substances in the usual course of veterinary practice at a site other
than the registrant's registered principal place of business or
professional practice, so long as the site of transporting and
dispensing is located in a State where the veterinarian is licensed to
practice veterinary medicine and is not a principal place of business
or professional practice.'' In this final rule, DEA is amending its
regulations to conform to the change to the CSA made by the VMMA.
---------------------------------------------------------------------------
\2\ Public Law 113-143, 128 Stat. 1750 (2014).
---------------------------------------------------------------------------
Regulatory Analysis
Administrative Procedure Act
Under the Administrative Procedure Act (APA),\3\ agencies generally
offer interested parties the opportunity to comment on proposed
regulations before they become effective. However, an agency may find
good cause to exempt a rule from certain provisions of the APA,
including those requiring the publication of a prior notice of proposed
rulemaking and the opportunity for public comment, if such actions are
determined to be unnecessary, impracticable, or contrary to the public
interest. DEA finds there is good cause within the meaning of the APA
to issue this amendment as a final rule without opportunity for public
comment and with an immediate effective date because such comment is
unnecessary.
---------------------------------------------------------------------------
\3\ 5 U.S.C. 553.
---------------------------------------------------------------------------
This final rule amends DEA regulations simply to incorporate the
provisions of the VMMA. The legal requirements articulated in this
final rule are already in effect by virtue of the VMMA. This rule
merely incorporates the statutory provision into DEA regulations.
DEA is publishing this as a final rule because notice of proposed
rulemaking and solicitation of public comment is
[[Page 8539]]
unnecessary.\4\ Because the statutory change at issue has been in
effect since August 1, 2014, DEA finds good cause exists to make this
rule effective immediately upon publication.\5\ Therefore, DEA is
issuing this amendment as a final rule, effective upon publication in
the Federal Register.
---------------------------------------------------------------------------
\4\ 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 Comm. v. Sullivan, 936 F.2d 1284, 1291 (D.C. Cir.
1991); see also Komjathy v. Nat'l Transp. Safety Bd., 832 F.2d 1294,
1296 (D.C. Cir. 1987) (per curiam) (notice-and-comment procedures
are not required when a rule ``does no more than repeat, virtually
verbatim, the statutory grant of authority'').
\5\ See 5 U.S.C. 553(d).
---------------------------------------------------------------------------
Executive Orders 12866, 13563, and 14094 (Regulatory Review)
DEA has determined that this rulemaking is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
Regulatory Planning and Review. Accordingly, this final rule has not
been submitted to the Office of Management and Budget (``OMB'') for
review. This final rule has been drafted and reviewed in accordance
with Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), Principles of Regulation; Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' section 1(b), General Principles of
Regulation; and Executive Order 14094, ``Modernizing Regulatory
Review.''
As stated above, this final rule amends DEA regulations only to the
extent necessary to be consistent with current Federal law, as modified
by the VMMA. DEA has no discretion with respect to this amendment. The
legal requirements in this final rule have been in effect since 2014,
when the VMMA became law. DEA anticipates all affected persons are
operating in accordance with the VMMA and this codification will have
no economic impact.
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, Civil Justice Reform, to
eliminate ambiguity, minimize litigation, establish clear legal
standards, and reduce burden.
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 National
Government and the States, or on 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. It 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 explained above, DEA determined that there is good cause to
exempt this final rule from notice and comment. Consequently, the RFA
does not apply to this final rule. In any event, as explained above,
this rule is a conforming amendment that makes no change in the status
quo.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., DEA has determined 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 for inflation) in any
one year. Therefore, neither a Small Government Agency plan nor any
other action is required under UMRA of 1995.
Paperwork Reduction Act of 1995
This final rule does not involve a collection of information
requirement under the Paperwork Reduction Act, 44 U.S.C. 3501-21. This
final rule would not impose recordkeeping or reporting requirements on
State or local governments, individuals, businesses, or organizations.
Congressional Review Act
This is not a major rule as defined by the Congressional Review Act
(CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is submitting a
copy of this final rule to both Houses of Congress and to the
Comptroller General.
Signing Authority
This document of the Drug Enforcement Administration was signed on
January 29, 2024, 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.
List of Subjects 21 CFR Part 1301
Administrative practice and procedure, Drug traffic control,
Exports, Imports, Security measures.
For the reasons stated 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.
0
2. In Sec. 1301.12, add paragraph (c) to read as follows:
Sec. 1301.12 Separate registrations for separate locations
* * * * *
(c) As provided in 21 U.S.C. 822(e)(2), a registrant who is a
veterinarian may transport and dispense controlled substances in the
usual course of veterinary practice at a site other than the
registrant's registered principal place of business or professional
practice without obtaining a separate registration so long as the site
of transporting and dispensing is located in a State where the
veterinarian is licensed to practice veterinary medicine and is not a
principal place of business or professional practice.
[FR Doc. 2024-02322 Filed 2-7-24; 8:45 am]
BILLING CODE 4410-09-P