61612 Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 

controlled airspace at San Clemente, CA 

(75 FR 42014). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Subsequent to 

publication, the FAA found the 

geographic coordinates of the airport 

needed to be adjusted. This action 

makes the adjustment. With the 

exception of editorial changes, and the 

changes described above, this rule is the 

same as that proposed in the NPRM. 

Class E airspace designations are 

published in paragraph 6004, of FAA 

Order 7400.9U dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace designated as 

an extension to a Class D surface area, 

at San Clemente Island NALF (Fredrick 

Sherman Field), San Clemente, CA. The 

San Clemente Island NDB has been 

decommissioned, and the NDB 

approach canceled. This action will also 

update the geographic coordinates of the 

airport to coincide with the FAA’s 

National Aeronautical Navigation 

Services. This action is necessary for the 

safety and management of IFR 

operations. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this rule, when promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. This 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace at San Clemente 

Island NALF (Fredrick Sherman Field), 

San Clemente, CA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 6004 Class E airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AWP CA E4 San Clemente, CA [Modified] 

San Clemente Island NALF (Fredrick 

Sherman Field), CA 

(Lat. 33°01′22′′ N., long. 118°35′19′′ W.) 

San Clemente Island TACAN 

(Lat. 33°01′37′′ N., long. 118°34′46′′ W.) 

That airspace extending upward from the 

surface within 2.6 miles each side of the San 

Clemente Island TACAN 334° radial 

extending from the 4.3-mile radius of San 

Clemente Island NALF (Fredrick Sherman 

Field) to Control 1177L, and within 1.8 miles 

each side of the 064° bearing from San 

Clemente Island NALF (Fredrick Sherman 

Field) extending from the 4.3-mile radius to 

9 miles northeast. This Class E airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Issued in Seattle, Washington, on 

September 23, 2010. 

Lori Andriesen, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2010–24799 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2010–0995; Amendment 

No. 91–319] 

Airports/Locations: Special Operating 

Restrictions 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is amending its 

airports and locations special operating 

restrictions regulation to clarify a minor 

discrepancy in terminology. This 

amendment standardizes the language 

used to describe the altitude at which 

aircraft operating within 30 nautical 

miles of the listed airports are required 

to be equipped with an altitude 

encoding transponder. This action is not 

making any substantive changes to the 

regulation. 

DATES: Effective: October 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Crum, Air Traffic Systems 

Operations, Airspace and Rules Group, 

800 Independence Ave. SW., 

Washington, DC 20591; telephone (202) 

267–8783; e-mail ellen.crum@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 30, 1999 (64 FR 66768), 

the FAA published a final rule that 

revised 14 CFR part 91. In the final rule, 

§ 91.215(b)(2) states ‘‘* * *from the 

surface upward to 10,000 MSL* * *’’ 

The corresponding text in section 1 of 

Appendix D should be consistent in 

describing the altitude as ‘‘MSL’’ but 

inadvertently was changed from MSL to 

‘‘above the surface.’’ Therefore, this 

action will correct this inconsistency 

and change the phrase from ‘‘above the 

surface’’ to ‘‘MSL’’ in section 1 of 

Appendix D. 

As this rule simply corrects an 

inconsistency in the terminology used 

to describe altitudes, good cause exists 

for adopting this amendment without 

public notice or comment as provided 

under 5 U.S.C. 553(b). Furthermore, the 

FAA finds that good cause exists 

pursuant to 5 U.S.C. 553(d) for making 

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Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Rules and Regulations 61613 

this rule effective within less than 30 

days. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1155, 40103, 

40113, 40120, 44101, 44111, 44701, 44704, 

44709, 44711, 44712, 44715, 44716, 44717, 

44722, 46306, 46315, 46316, 46504, 46506– 

46507, 47122, 47508, 47528–47531, articles 

12 and 29 of the Convention on International 

Civil Aviation (61 Stat. 1180). 

■ 2. Amend Appendix D to Part 91 by 

revising section 1 introductory text to 

read as follows: 

Appendix D to Part 91—Airports/ 

Locations: Special Operating 

Restrictions 

Section 1. Locations at which the 

requirements of § 91.215(b)(2) and 

§ 91.225(d)(2) apply. The requirements of 

§§ 91.215(b)(2) and 91.225(d)(2) apply below 

10,000 feet MSL within a 30-nautical-mile 

radius of each location in the following list. 

* * * * * 

Issued in Washington, DC, on October 1, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–25102 Filed 10–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1306 

[Docket No. DEA–339S] 

Role of Authorized Agents in 

Communicating Controlled Substance 

Prescriptions to Pharmacies 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Statement of policy. 

SUMMARY: The Drug Enforcement 

Administration (DEA) is issuing this 

statement of policy to provide guidance 

under existing law regarding the proper 

role of a duly authorized agent of a 

DEA-registered individual practitioner 

in connection with the communication 

of a controlled substance prescription to 

a pharmacy. 

FOR FURTHER INFORMATION CONTACT: 

Mark W. Caverly, Chief, Liaison and 

Policy Section, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, VA 22152; telephone (202) 

307–7297. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

DEA implements and enforces Titles 

II and III of 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 (CSIEA) (21 U.S.C. 801–971), 

as amended. DEA publishes the 

implementing regulations for these 

statutes in title 21 of the Code of Federal 

Regulations (CFR), parts 1300 through 

1321. These regulations are designed to 

ensure that there is a sufficient supply 

of controlled substances for legitimate 

medical, scientific, research, and 

industrial purposes and to deter the 

diversion of controlled substances to 

illegal purposes. Controlled substances 

are drugs that have a potential for abuse 

and dependence; these include 

substances classified as opioids, 

stimulants, depressants, hallucinogens, 

anabolic steroids, and drugs that are 

immediate precursors of these classes of 

substances. The CSA mandates that 

DEA establish a closed system of control 

for manufacturing, distributing, and 

dispensing controlled substances. Any 

person who manufactures, distributes, 

dispenses, imports, exports, or conducts 

research or chemical analysis with 

controlled substances must register with 

DEA (unless exempt) and comply with 

the applicable requirements for the 

activity. 

Background 

Under longstanding Federal law, 

controlled substances are strictly 

regulated to ensure a sufficient supply 

for legitimate medical, scientific, 

research, and industrial purposes and to 

deter diversion of controlled substances 

to illegal purposes. The substances are 

regulated because of their potential for 

abuse and likelihood to cause 

dependence when abused and because 

of their serious and potentially unsafe 

nature if not used under proper 

circumstances. To minimize the 

likelihood that pharmaceutical 

controlled substances would be diverted 

into illicit channels, Congress 

established under the CSA a closed 

system of drug distribution for 

legitimate handlers of controlled 

substances. The foundation of this 

system is the concept of registration. 

The only persons who may lawfully 

manufacture, distribute and dispense 

controlled substances under the CSA are 

those who have obtained a DEA 

registration authorizing them to do so. 

21 U.S.C. 822. Thus, the prescribing of 

controlled substances may be carried 

out only by those practitioners who 

have obtained a DEA registration 

authorizing such activity. 

To be eligible for a DEA registration 

as a practitioner under the CSA, one 

must be a physician, dentist, 

veterinarian, hospital, or other person 

licensed, registered, or otherwise 

permitted by the United States or the 

State in which he or she practices to 

dispense controlled substances in the 

course of professional practice. 21 

U.S.C. 802(21), 823(f). Thus, State 

licensure to prescribe controlled 

substances is generally a prerequisite to 

obtaining a DEA registration to do so. 

The term ‘‘individual practitioner’’ 

excludes institutions such as hospitals, 

which are themselves DEA registrants 

and are permitted to administer and 

dispense, but not prescribe, controlled 

substances under their registration. 21 

CFR 1300.01(b)(17). 

By longstanding statutory 

requirement, a valid prescription issued 

by a DEA-registered practitioner is 

required for dispensing a controlled 

substance. To be effective (i.e., valid), a 

prescription for a controlled substance 

must be issued for a legitimate medical 

purpose by a practitioner acting in the 

usual course of professional practice. 

United States v. Moore, 423 U.S. 122 

(1975); 21 CFR 1306.04(a). Thus, the 

practitioner must determine that a 

prescription for a controlled substance 

is for a legitimate medical purpose. 

While the core responsibilities 

pertaining to prescribing controlled 

substances may not be delegated to 

anyone else, an individual practitioner 

may authorize an agent to perform a 

limited role in communicating such 

prescriptions to a pharmacy in order to 

make the prescription process more 

efficient. Nonetheless, it is important to 

understand that any agency relationship 

must also preserve the requirement that 

medical determinations to prescribe 

controlled substances be made by a 

practitioner only, not by an agent. 

Accordingly, this statement of policy 

outlines DEA’s existing statutory and 

regulatory requirements as to the proper 

role of duly authorized agents of 

individual practitioners. DEA 

anticipates the utilization of electronic 

prescribing by practitioners for 

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