[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3823]
[[Page Unknown]]
[Federal Register: February 24, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
Amendment of the Fee Exemption for Federal, State and Local
Government Employees
agency: Drug Enforcement Administration (DEA), Justice.
action: Final rule.
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summary: This final rule limits the exemption from payment of
application fees for registration or reregistration to Federal, state,
or local government operated hospitals or institutions. This will
eliminate the need for DEA to dedicate manpower or other resources to
controlling abuse of the fee exempt status.
effective date: March 28, 1994.
for further information contact: G. Thomas Gitchel, Chief, Liaison and
Policy Section, Office of Diversion Control, Drug Enforcement
Administration, Washington, DC 20537, Telephone (202) 307-7297.
supplementary information: On June 1, 1993, a notice of proposed
rulemaking was published in the Federal Register (58 FR 31180). DEA
proposed to limit the exemption from payment of registration or
reregistration application fees to Federal, state or local government
operated hospital/clinics.
A total of three comments were received, all opposed to the
proposed changes. Two of the comments concerned state certified
euthanasia technicians. The commentors objected to the changes on the
grounds that the change would impose a financial burden on the
euthanasia technicians and the animal shelters at which they work, due
to the extremely high turnover rate the industry experiences. This will
not be the case. The euthanasia technicians are employees of animal
control facilities or shelters. They may not engage in their activities
other than as employees of the facilities or shelters. Under such
circumstances, DEA has traditionally issued the registrations for such
activities under the facility or shelter name with the euthanasia
technician's name appearing thereafter. It is appropriate under such
circumstances for the Federal, state or local government facility or
shelter to request and receive the exemption from the fee. In light of
the fact that DEA registers these activities as other than a hospital
or clinic, the original language of the proposal with respect to
Federal, state or local hospitals or clinics has been changed to
Federal, state or local hospitals or other institutions.
The third commentor objected to the changes on the grounds that the
proposed changes, if implemented, would prevent public sector employees
from using their exempt status to obtain registrations for use in
private practice. That is the exact intent of the proposal. Any
individual who engages in private practice utilizing a DEA registration
must pay the required fee for that registration. Individuals who engage
in public practice as agents or employees of Federal, state or local
hospitals or institutions would not be required to obtain a
registration; they would conduct their controlled substances activities
under the registration of the hospital or institution. Although this
has been a longstanding policy, DEA will clarify the provisions for
such activities in light of the impact that the limiting of the fee
exemption will have. A proposal to amend Sec. 1301.24 has been drafted
to clarify the exemption from the registration requirement of
individual practitioners who act as agents or employees of other
individual practitioners and of hospitals or other institutions. That
proposal will be published in the Federal Register in the near future.
There are approximately 44,000 active DEA registrations which were
issued under the fee exempt status. Over 35,000 of the registrations
are for practitioners and the remainder are for Federal, state or local
hospitals or institutions. By restricting the fee exempt status to the
hospitals or institutions and allowing the practitioners to carry out
their official duties under the hospital or institution registrations,
DEA will eliminate the need to dedicate manpower or other resources to
controlling the misuse of the fee exempt status.
The limiting of the fee exemption will not affect those law
enforcement analytical laboratories which are described in
Sec. 1301.26.
The Deputy Assistant Administrator, Office of Diversion Control,
hereby certifies that this final rule will have no significant impact
upon entities whose interests must be considered under the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. Any financial or regulatory
burdens that practitioners may experience are existing burdens which
the practitioners have heretofore avoided by inappropriate use of the
fee exemption.
This final rule is not a significant regulatory action and
therefore has not been reviewed by the Office of Management and Budget
pursuant to Executive Order 12866.
This action has been analyzed in accordance with the principles and
criteria in Executive Order 12612, and it has been determined that the
final rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
List of Subjects in 21 CFR Part 1301
Administrative practice and procedure, Drug traffic control,
security measures.
For reasons set out above, 21 CFR part 1301 is amended as follows:
PART 1301--[AMENDED]
1. The authority citation for part 1301 continues to read as
follows:
Authority: 21 U.S.C. 821, 822, 823, 824, 871(b), 875, 877.
2. Section 1301.13 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 1301.13 Persons exempt from fee.
(a) The Administrator shall exempt from payment of an application
fee for registration or reregistration 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, and Coast
Guard), of any State, or any political subdivision or agency thereof.
(b) In order to claim exemption from payment of a registration or
reregistration application fee, the registrant shall have completed the
certification on the appropriate application form, wherein the
registrant's officer certifies to the status and address of the
registrant.
* * * * *
Dated: February 14, 1994.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 94-3823 Filed 2-23-94; 8:45 am]
BILLING CODE 4410-09-M
