Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 61617 

substances in those instances where I 

have expressly directed the agent to do 

so and where I have specified to the 

agent the required elements of the 

prescription (set forth in 21 CFR 

1306.05) and I have signed the 

prescription. 

This authorization is not subject to 

further delegation to other persons. Both 

the undersigned DEA-registered 

individual practitioner and the 

undersigned agent understand and agree 

that the practitioner is solely 

responsible for making all medical 

determinations relating to prescriptions 

for controlled substances communicated 

by the agent pursuant to this agreement, 

and for ensuring that all such 

prescriptions conform in all other 

essential respects to the law and 

regulations. 

The undersigned agent understands he 

or she does not have authority to make 

any medical determinations. The 

undersigned DEA-registered prescribing 

practitioner further understands that the 

prescribing practitioner must personally 

communicate all Schedule II emergency 

oral prescriptions to the pharmacist. 

Both the undersigned practitioner and 

agent understand that the agent may not 

call in an emergency oral prescription 

for a Schedule II controlled substance 

on behalf of the practitioner. 

This agency agreement shall be 

terminated immediately if and when 

any of the following occur: 

1. The undersigned practitioner no 

longer possesses the active DEA 

registration specified in this agreement. 

2. The undersigned agent is no longer 

employed in the manner described in 

this agreement. 

3. The practitioner or the agent 

revokes this agency agreement by 

completing the revocation section at the 

end of this document or by executing a 

written document that is substantially 

similar to the revocation section at the 

end of this document. 

lllllllllllllllllll

(Signature of practitioner) 

I, llllllll (name of agent), 

hereby affirm that I am the person 

named herein as agent and that the 

signature affixed hereto is my signature. 

I further affirm that I am a lll____ 

(title), licensed in the State of lll, 

(where applicable) and (if applicable) 

am employed by/under contract with 

llllllll (name of employer or 

contracting entity). I agree to abide by 

all the terms of this agreement and to 

comply with all applicable laws and 

regulations relating to controlled 

substances. 

lllllllllllllllllll

(Signature of agent) 

lllllllllllllllllll

(State license number of agent where 

applicable) 

lllllllllllllllllll

(Name of employer/contracting entity 

where applicable) 

lllllllllllllllllll

(Address of employer/contracting entity 

where applicable) 

Witnesses: 

1.llllllllll 

2.llllllllll 

Signed and dated on the llll day 

of llllll (month) llllll, 

(year), at llllllll. 

Revocation 

The foregoing agency agreement is 

hereby revoked by the undersigned. The 

agent is no longer authorized to 

communicate Schedule II, III, IV and V 

controlled substance prescriptions to a 

pharmacy on my behalf. A copy of this 

revocation has been given to the agent 

this same day. 

lllllllllllllllllll

(Signature of registered practitioner 

revoking power) 

Witnesses: 

1. llllllllll 

2. llllllllll 

Signed and dated on the llllday of 

llllll(month)llll, (year), at 

llllllll. 

DEA recommends that the original 

signed agency agreement be kept by the 

practitioner during the term of the 

agency relationship and for a reasonable 

period after termination or revocation. 

DEA requires that inventory and other 

records be kept for at least two years (21 

U.S.C. 827(b), 21 U.S.C. 828(c), 21 CFR 

1304.04). This is simply a suggested 

time period for retention of agency 

agreements and is not required by DEA. 

A signed copy should also be provided 

to the practitioner’s designated agent, 

the agent’s employer (if other than the 

practitioner), and any pharmacies that 

regularly receive communications from 

the agent pursuant to the agreement. 

Providing a copy to pharmacies likely to 

receive prescriptions from the agent on 

the practitioner’s behalf may assist those 

pharmacies with their corresponding 

responsibility regarding the dispensing 

of controlled substances. It is important 

to reiterate that a pharmacist always has 

a corresponding responsibility to ensure 

that a controlled substance prescription 

conforms with the law and regulations, 

including the requirement that the 

prescription be issued for a legitimate 

medical purpose by a practitioner acting 

in the usual course of professional 

practice, and a corresponding liability if 

a prescription is not prepared or 

dispensed in a manner consistent with 

the CSA or DEA regulations. Even 

where the pharmacist has a copy of an 

agency agreement, the pharmacist may 

also have a duty to inquire further 

depending upon the particular 

circumstances. Because the agency 

agreement may be revoked at any time 

by the practitioner or by the agent, the 

party terminating the agreement should 

notify the other party immediately upon 

termination. The practitioner should 

notify those pharmacies that were 

originally made aware of the agency 

agreement of the termination of that 

agreement. In most circumstances where 

an agent changes employment, the 

agreement should be revoked. 

Dated: October 1, 2010. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2010–25136 Filed 10–5–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 323 

[Docket ID DOD–2010–OS–0139] 

Privacy Act of 1974; Implementation 

AGENCY: Defense Logistics Agency; DoD. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The Defense Logistics Agency 

is revising two exemption rules. The 

exemption rule for S100.10 entitled 

‘‘Whistleblower Complaint and 

Investigative Files’’ is being deleted in 

its entirety and the exemption rule 

system identifier for the ‘‘Incident 

Investigation/Police Inquiry Files’’ 

system of records is being revised. 

DATES: The rule will be effective on 

December 6, 2010, unless comments are 

received that would result in a contrary 

determination. 

Comments will be accepted on or 

before December 6, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

WReier-Aviles on DSKGBLS3C1PROD with RULES

61618 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jody Sinkler at (703) 767–5045. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been determined that Privacy 

Act rules for the Department of Defense 

are not significant rules. The rules do 

not (1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive order. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been determined that Privacy 

Act rules for the Department of Defense 

do not have significant economic impact 

on a substantial number of small entities 

because they are concerned only with 

the administration of Privacy Act 

systems of records within the 

Department of Defense. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that Privacy 

Act rules for the Department of Defense 

impose no information requirements 

beyond the Department of Defense and 

that the information collected within 

the Department of Defense is necessary 

and consistent with 5 U.S.C. 552a, 

known as the Privacy Act of 1974. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that Privacy 

Act rulemaking for the Department of 

Defense does not involve a 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 

and that such rulemaking will not 

significantly or uniquely affect small 

governments. 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that Privacy 

Act rules for the Department of Defense 

do not have federalism implications. 

The rules do 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. 

List of Subjects in 32 CFR Part 323 

Privacy. 

■ Accordingly, 32 CFR part 323 is 

amended as follows: 

PART 323—DEFENSE OGISTICS 

AGENCY PRIVACY PROGRAM 

■ 1. The authority citation for 32 CFR 

part 323 continues to read as follows: 

Authority: Pub. L. 93–579, 88 Stat. 1896 (5 

U.S.C. 552a). 

■ 2. In Appendix H to part 323: 

■ a. Paragraph ‘‘d.’’ is removed and 

reserved. 

■ b. Paragraph ‘‘f.’’ introductory text is 

revised to read as follows: 

Appendix H to Part 323—DLA 

Exemption Rules 

f. ID S500.30 (Specific exemption) 

Dated: October 1, 2010. 

Mitchell S. Bryman, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2010–25139 Filed 10–5–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 701 

[Docket ID USN–2010–0036] 

Privacy Act of 1974; Implementation 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The Department of the Navy 

is revising an exemption rule. More 

specifically, the exemption rule for 

N03834–1 entitled ‘‘Special Intelligence 

Personnel Access File’’ is being deleted 

in its entirety. 

DATES: The rule will be effective on 

December 6, 2010, unless comments are 

received that would result in a contrary 

determination. 

Comments will be accepted on or 

before December 6, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Miriam Brown-Lam at (202) 685–6545. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been determined that Privacy 

Act rules for the Department of Defense 

are not significant rules. The rules do 

not (1) have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) Create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) Materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) Raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive order. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been determined that Privacy 

Act rules for the Department of Defense 

do not have significant economic impact 

on a substantial number of small entities 

because they are concerned only with 

the administration of Privacy Act 

systems of records within the 

Department of Defense. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that Privacy 

Act rules for the Department of Defense 

impose no information requirements 

beyond the Department of Defense and 

that the information collected within 

WReier-Aviles on DSKGBLS3C1PROD with RULES