[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