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

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

llll day 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


### 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