Addition of the United States Space Force as a Registration Waiver and Registration Fee Exempt Military Entity
| Published date | 17 September 2021 |
| Citation | 86 FR 51821 |
| Record Number | 2021-19984 |
| Section | Rules and Regulations |
| Court | Drug Enforcement Administration |
Federal Register, Volume 86 Issue 178 (Friday, September 17, 2021)
[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Rules and Regulations]
[Pages 51821-51822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19984]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-749]
RIN 1117-AB70
Addition of the United States Space Force as a Registration
Waiver and Registration Fee Exempt Military Entity
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends existing regulations to include the
United States Space Force as a registration waiver and registration fee
exempt military entity.
DATES: This rule is effective September 17, 2021.
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) 362-3261.
SUPPLEMENTARY INFORMATION:
Technical Amendment
Current Drug Enforcement Administration (DEA) regulations exempt
registration fees and waive certain registration requirements for
listed military entities: The U.S. Army, Navy, Marine Corps, Air Force,
and Coast Guard. Any hospital or other institution operated by one of
these entities,\1\ and any individual practitioners required to obtain
a registration in order to carry out their duties as officials of an
agency of the United States (including the U.S. Army, Navy, Marine,
Corps, Air Force, and Coast Guard), is exempt from payment of an
application fee for registration or reregistration.\2\ In addition,
current DEA regulations waive the requirement of registration for
officials of the U.S. Army, Navy, Marine Corps, Air Force, or Coast
Guard who are authorized to prescribe, dispense, or administer, but not
to procure or purchase, controlled substances in the course of their
duties.\3\ Finally, current DEA regulations waive the requirement of
registration for any official or agency of the U.S. Army, Navy, Marine
Corps, Air Force, or Coast Guard authorized to import or export
controlled substances in the course of their duties.\4\
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\1\ 21 CFR 1301.21(a)(1).
\2\ 21 CFR 1301.21(a)(2).
\3\ 21 CFR 1301.23(a).
\4\ 21 CFR 1301.23(b).
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The United States Space Force (USSF)--formerly known as the Air
Force Space Command (AFSC)--was established as an independent military
branch on December 20, 2019,\5\ by the United States Space Force Act.
This rule therefore revises 21 CFR 1301.21 and 1301.23 to include USSF
in the list of military entities exempt from paying DEA registration
fees. Because the AFSC was fee exempt under existing DEA regulations as
part of the Air Force, the DEA is issuing this final rule to provide
clarity by adding ``Space Force'' to 21 CFR 1301.21 (``Exemption from
fees'') and 21 CFR 1301.23 (``Exemption of certain military and other
personnel'').
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\5\ 10 U.S.C. 9081.
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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 amendment; 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) 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 Office of Information and Regulatory Affairs has
deemed this type of technical amendment not significant under E.O.
12866.
[[Page 51822]]
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
ambiguity, minimize litigation, establish clear legal standards, and
reduce burdens.
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
This action does not involve a collection of information
requirement under the Paperwork Reduction Act, 44 U.S.C. 3501-3521.
This action does 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 (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. 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 stated in the preamble, DEA amends 21 CFR part 1301
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. 1301.21, revise paragraphs (a)(1) and (2) to read as
follows:
Sec. 1301.21 Exemption from fees.
(a) * * *
(1) Any hospital or other institution which is operated by an
agency of the United States (including the U.S. Army, Navy, Marine
Corps, Air Force, Space Force, and Coast Guard), of any State, or any
political subdivision or agency thereof.
(2) Any individual practitioner who is required to obtain an
individual registration in order to carry out his or her duties as an
official of an agency of the United States (including the U.S. Army,
Navy, Marine Corps, Air Force, Space Force, and Coast Guard), of any
State, or any political subdivision or agency thereof.
* * * * *
0
3. In Sec. 1301.23, revise paragraphs (a) and (b) to read as follows:
Sec. 1301.23 Exemption of certain military and other personnel.
(a) The requirement of registration is waived for any official of
the U.S. Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard,
Public Health Service, or Bureau of Prisons who is authorized to
prescribe, dispense, or administer, but not to procure or purchase,
controlled substances in the course of his/her official duties. Such
officials shall follow procedures set forth in part 1306 of this
chapter regarding prescriptions, but shall state the branch of service
or agency (e.g., ``U.S. Army'' or ``Public Health Service'') and the
service identification number of the issuing official in lieu of the
registration number required on prescription forms. The service
identification number for a Public Health Service employee is his/her
Social Security identification number.
(b) The requirement of registration is waived for any official or
agency of the U.S. Army, Navy, Marine Corps, Air Force, Space Force,
Coast Guard, or Public Health Service who or which is authorized to
import or export controlled substances in the course of his/her
official duties.
* * * * *
Anne Milgram,
Administrator.
[FR Doc. 2021-19984 Filed 9-16-21; 8:45 am]
BILLING CODE 4410-09-P
