Technical Amendment: Freedom of Information Act Policies and Procedures
| Published date | 31 August 2023 |
| Record Number | 2023-18866 |
| Court | Trade Representative Office Of The United States |
| Section | Rules and Regulations |
60117
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations
1
21 U.S.C. 826(b).
2
21 U.S.C. 826(d).
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
15 CFR Part 2004
RIN 0350–AA13
Technical Amendment: Freedom of
Information Act Policies and
Procedures
AGENCY
: Office of the United States
Trade Representative (USTR).
ACTION
: Adoption of interim rule as
final.
SUMMARY
: This final rule adopts,
without change, an interim final rule
with a request for comments published
in the Federal Register on July 25, 2023,
that made a minor technical change to
the USTR Freedom of Information Act
(FOIA) regulation.
DATES
: Effective October 2, 2023.
FOR FURTHER INFORMATION CONTACT
:
Janice Kaye or Monique Ricker at
FOIA@ustr.eop.gov or 202–395–3150.
SUPPLEMENTARY INFORMATION
:
I. Technical Change
On July 25, 2023, USTR published an
interim final rule that made a technical
change to § 2004.6 of the USTR FOIA
regulation to align it with the statute
and Office of Information Policy
guidance about the compelling
circumstances under which an agency
must grant expedited processing. See 88
FR 47772. Although the interim final
rule was effective upon publication,
USTR provided a 30-day comment
period, which ended on August 24,
2023. USTR did not receive any
comments and is adopting the interim
final rule without any changes.
II. Regulatory Flexibility Act
USTR considered the impact of this
rule and determined that it will not
have a significant economic impact on
a substantial number of small business
entities because it applies only to
USTR’s internal operations and legal
obligations. 5 U.S.C. 605(b).
III. Paperwork Reduction Act
The final rule does not contain any
information collection requirement that
requires the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
IV. Administrative Procedure Act
(APA)
On July 25, 2023, USTR published an
interim final rule (88 FR 47772) and
determined that there was a basis under
the Administrative Procedure Act for
issuing the interim final rule with
immediate effect. USTR provided a 30-
day comment period, which ended on
August 24, 2023. USTR did not receive
any comments and is adopting the
provisions of the interim final rule as a
final rule with no changes.
List of Subjects in 15 CFR Part 2004
Administrative practice and
procedure, Courts, Disclosure,
Exemptions, Freedom of information,
Government employees, Privacy,
Records, Subpoenas, Testimony.
PART 2004—DISCLOSURE OF
RECORDS AND INFORMATION
■Accordingly, the interim final rule
published in the Federal Register on
July 25, 2023, at 88 FR 47772, amending
15 CFR part 2004, is adopted as a final
rule without change.
Janice Kaye,
Chief FOIA Officer, Office of the United States
Trade Representative.
[FR Doc. 2023–18866 Filed 8–30–23; 8:45 am]
BILLING CODE 3290–F3–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Parts 1303 and 1315
[Docket No. DEA–455]
RIN 1117–AB49
Management of Quotas for Controlled
Substances and List I Chemicals
AGENCY
: Drug Enforcement
Administration, Department of Justice.
ACTION
: Final rule.
SUMMARY
: The Drug Enforcement
Administration (DEA) is publishing this
final rule to manage the quotas for
controlled substances and the list I
chemicals, ephedrine, pseudoephedrine,
and phenylpropanolamine, held by
DEA-registered manufacturers. This
final rule will define the types of quotas,
update the method to abandon quota,
clarify the current language to ensure
that both manufacturers and distributors
are required to obtain certification of a
buyer’s quota, reduce overall
inventories, formalize the existing
practice of use-specific subcategories for
individual manufacturing and
procurement quotas, and modify
existing deadlines to fix/issue quotas.
This final rule will also amend certain
regulations to implement updates to the
Controlled Substances Act made by the
Substance Use-Disorder Prevention that
Promotes Opioid Recovery Treatment
for Patients and Communities Act.
DATES
: This final rule is effective
November 29, 2023.
FOR FURTHER INFORMATION CONTACT
:
Scott A. Brinks, Regulatory Drafting &
Policy Support Section (DPW),
Diversion Control Division, Drug
Enforcement Administration; Mailing
Address: 8701 Morrissette Drive,
Springfield, Virginia 22152; Telephone:
(571) 362–3261.
SUPPLEMENTARY INFORMATION
:
Legal Authority
The Controlled Substances Act (CSA)
authorizes the Administrator of the Drug
Enforcement Administration (DEA) (by
delegation from the Attorney General) to
promulgate rules and regulations that he
deems necessary and appropriate for the
efficient execution of his functions
under subchapter I (Control and
Enforcement) and subchapter II (Import
and Export). 21 U.S.C. 871(b) and 958(f).
Subchapter I includes provisions which
require the Administrator to establish
the aggregate production quota for each
basic class of controlled substance listed
in schedules I and II and the assessment
of annual needs for the ephedrine,
pseudoephedrine, and
phenylpropanolamine to be
manufactured in the United States each
calendar year to provide for the
estimated medical, scientific, research,
and industrial needs of the United
States, lawful export requirements, and
the establishment and maintenance of
reserve stocks. 21 U.S.C. 826. The
Administrator shall take the following
quota actions for a basic class of
controlled substance listed in schedules
I and II and ephedrine,
pseudoephedrine, and
phenylpropanolamine pursuant to
stipulated conditions: limit or reduce
individual production quotas for each
registered manufacturer,
1
and fix
individual manufacturing quotas for
registrants.
2
On October 24, 2018, Congress
revised the CSA through the Substance
Use-Disorder Prevention that Promotes
Opioid Recovery Treatment for Patients
and Communities (SUPPORT) Act.
These revisions will be noted and
included in these proposed regulations,
where applicable. Through this Act, the
Administrator, by way of delegation
from the Attorney General, may now set
quota in terms of the pharmaceutical
dosage-form.
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