Rule2024-02322
Conforming Amendment Regarding the Veterinary Medicine Mobility Act of 2014
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 8, 2024
Effective
February 8, 2024
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Abstract
The Veterinary Medicine Mobility Act of 2014 (VMMA), which became law on August 1, 2014, amended the Controlled Substances Act to address separate registration requirements for veterinarians. The VMMA allows a veterinarian to transport and dispense controlled substances in the usual course of veterinary practice at a site other than the veterinarian's registered principal place of business or professional practice without obtaining a separate registration, subject to certain limitations. The Drug Enforcement Administration is amending its regulations to codify the VMMA. This rule merely conforms DEA regulations to statutory amendments of the Controlled Substances Act that have already taken effect and makes no substantive change to existing legal requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 27 (Thursday, February 8, 2024)</title>
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[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Rules and Regulations]
[Pages 8538-8539]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02322]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-1043]
RIN 1117-AB82
Conforming Amendment Regarding the Veterinary Medicine Mobility
Act of 2014
AGENCY: Drug Enforcement Administration (DEA), Department of Justice.
ACTION: Final rule.
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SUMMARY: The Veterinary Medicine Mobility Act of 2014 (VMMA), which
became law on August 1, 2014, amended the Controlled Substances Act to
address separate registration requirements for veterinarians. The VMMA
allows a veterinarian to transport and dispense controlled substances
in the usual course of veterinary practice at a site other than the
veterinarian's registered principal place of business or professional
practice without obtaining a separate registration, subject to certain
limitations. The Drug Enforcement Administration is amending its
regulations to codify the VMMA. This rule merely conforms DEA
regulations to statutory amendments of the Controlled Substances Act
that have already taken effect and makes no substantive change to
existing legal requirements.
DATES: This final rule is effective on February 8, 2024.
FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Regulatory Drafting
and Policy Support Section, Diversion Control Division, Drug
Enforcement Administration; Telephone: (571) 776-3882.
SUPPLEMENTARY INFORMATION:
Legal Authority
The Drug Enforcement Administration (DEA) implements and enforces
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, as amended.\1\ The CSA and its
implementing regulations are designed to prevent, detect, and eliminate
the diversion of controlled substances and listed chemicals into the
illicit market while providing for the legitimate medical, scientific,
research, and industrial needs of the United States. DEA publishes the
implementing regulations for these statutes in 21 CFR parts 1300 to
1399.
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\1\ 21 U.S.C. 801-971.
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On August 1, 2014, the President signed the Veterinary Medicine
Mobility Act of 2014 (VMMA) into law as Public Law 113-143.\2\ The VMMA
amended section 302(e) of the CSA to address separate registration
requirements for veterinarians. Specifically, the VMMA redesignated 21
U.S.C. 822(e) as 21 U.S.C. 822(e)(1) and added a new paragraph, 21
U.S.C. 822(e)(2). The newly added 21 U.S.C. 822(e)(2) provides that ``.
. . a registrant who is a veterinarian shall not be required to have a
separate registration in order to transport and dispense controlled
substances in the usual course of veterinary practice at a site other
than the registrant's registered principal place of business or
professional practice, so long as the site of transporting and
dispensing is located in a State where the veterinarian is licensed to
practice veterinary medicine and is not a principal place of business
or professional practice.'' In this final rule, DEA is amending its
regulations to conform to the change to the CSA made by the VMMA.
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\2\ Public Law 113-143, 128 Stat. 1750 (2014).
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Regulatory Analysis
Administrative Procedure Act
Under the Administrative Procedure Act (APA),\3\ agencies generally
offer interested parties the opportunity to comment on proposed
regulations before they become effective. However, an agency may find
good cause to exempt a rule from certain provisions of the APA,
including those requiring the publication of a prior notice of proposed
rulemaking and the opportunity for public comment, if such actions are
determined to be unnecessary, impracticable, or contrary to the public
interest. DEA finds there is good cause within the meaning of the APA
to issue this amendment as a final rule without opportunity for public
comment and with an immediate effective date because such comment is
unnecessary.
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\3\ 5 U.S.C. 553.
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This final rule amends DEA regulations simply to incorporate the
provisions of the VMMA. The legal requirements articulated in this
final rule are already in effect by virtue of the VMMA. This rule
merely incorporates the statutory provision into DEA regulations.
DEA is publishing this as a final rule because notice of proposed
rulemaking and solicitation of public comment is
[[Page 8539]]
unnecessary.\4\ Because the statutory change at issue has been in
effect since August 1, 2014, DEA finds good cause exists to make this
rule effective immediately upon publication.\5\ Therefore, DEA is
issuing this amendment as a final rule, effective upon publication in
the Federal Register.
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\4\ See 5 U.S.C. 553(b)(B) (relating to notice and comment
procedures). ``[W]hen regulations merely restate the statute they
implement, notice-and-comment procedures are unnecessary.'' Gray
Panthers Advocacy Comm. v. Sullivan, 936 F.2d 1284, 1291 (D.C. Cir.
1991); see also Komjathy v. Nat'l Transp. Safety Bd., 832 F.2d 1294,
1296 (D.C. Cir. 1987) (per curiam) (notice-and-comment procedures
are not required when a rule ``does no more than repeat, virtually
verbatim, the statutory grant of authority'').
\5\ See 5 U.S.C. 553(d).
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Executive Orders 12866, 13563, and 14094 (Regulatory Review)
DEA has determined that this rulemaking is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
Regulatory Planning and Review. Accordingly, this final rule has not
been submitted to the Office of Management and Budget (``OMB'') for
review. This final rule has been drafted and reviewed in accordance
with Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), Principles of Regulation; Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' section 1(b), General Principles of
Regulation; and Executive Order 14094, ``Modernizing Regulatory
Review.''
As stated above, this final rule amends DEA regulations only to the
extent necessary to be consistent with current Federal law, as modified
by the VMMA. DEA has no discretion with respect to this amendment. The
legal requirements in this final rule have been in effect since 2014,
when the VMMA became law. DEA anticipates all affected persons are
operating in accordance with the VMMA and this codification will have
no economic impact.
Executive Order 12988, Civil Justice Reform
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to
eliminate ambiguity, minimize litigation, establish clear legal
standards, and reduce burden.
Executive Order 13132, Federalism
This final rule does not have federalism implications warranting
the application of E.O. 13132. The final rule does 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.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This final rule does not have tribal implications warranting the
application of E.O. 13175. It 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 explained above, DEA determined that there is good cause to
exempt this final rule from notice and comment. Consequently, the RFA
does not apply to this final rule. In any event, as explained above,
this rule is a conforming amendment that makes no change in the status
quo.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., DEA has determined 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 million or more (adjusted for inflation) in any
one year. Therefore, neither a Small Government Agency plan nor any
other action is required under UMRA of 1995.
Paperwork Reduction Act of 1995
This final rule does not involve a collection of information
requirement under the Paperwork Reduction Act, 44 U.S.C. 3501-21. This
final rule would not impose recordkeeping or reporting requirements on
State or local governments, individuals, businesses, or organizations.
Congressional Review Act
This is not a major rule as defined by the Congressional Review Act
(CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is submitting a
copy of this final rule to both Houses of Congress and to the
Comptroller General.
Signing Authority
This document of the Drug Enforcement Administration was signed on
January 29, 2024, by Administrator Anne Milgram. That document with the
original signature and date is maintained by DEA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DEA Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of DEA. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Scott Brinks,
Federal Register Liaison Officer, Drug Enforcement Administration.
List of Subjects 21 CFR Part 1301
Administrative practice and procedure, Drug traffic control,
Exports, Imports, Security measures.
For the reasons stated above, 21 CFR part 1301 is amended 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. 1301.12, add paragraph (c) to read as follows:
Sec. 1301.12 Separate registrations for separate locations
* * * * *
(c) As provided in 21 U.S.C. 822(e)(2), a registrant who is a
veterinarian may transport and dispense controlled substances in the
usual course of veterinary practice at a site other than the
registrant's registered principal place of business or professional
practice without obtaining a separate registration so long as the site
of transporting and dispensing is located in a State where the
veterinarian is licensed to practice veterinary medicine and is not a
principal place of business or professional practice.
[FR Doc. 2024-02322 Filed 2-7-24; 8:45 am]
BILLING CODE 4410-09-P
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</html>Indexed from Federal Register on February 8, 2024.
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