Rule2025-19292
Requiring Online Submission of Applications for and Renewals of DEA Registration: Technical Correction
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
October 2, 2025
Effective
October 2, 2025
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Abstract
This final rule updates an existing Drug Enforcement Administration (DEA) regulation by removing the reference to paper payments by check or money order for all applications for DEA registrations and renewal of those registrations. This action makes no substantive changes to this regulation.
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47561-47563]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19292]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA-1111]
Requiring Online Submission of Applications for and Renewals of
DEA Registration: Technical Correction
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule; technical correction.
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SUMMARY: This final rule updates an existing Drug Enforcement
Administration (DEA) regulation by removing the reference to paper
payments by check or money order for all applications for DEA
registrations and renewal of those registrations. This action makes no
substantive changes to this regulation.
DATES: This final rule is effective October 2, 2025.
FOR FURTHER INFORMATION CONTACT: Heather E. Achbach, Regulatory
Drafting and Policy Support Section, Diversion Control Division, Drug
Enforcement Administration; Telephone: (571) 776-3882.
SUPPLEMENTARY INFORMATION:
A. 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\ DEA publishes the
implementing regulations for these statutes in 21 CFR part 1300 to end.
These regulations are designed to ensure a sufficient supply of
controlled substances for medical, scientific, and other legitimate
purposes, and to deter the diversion of controlled substances for
illicit purposes.
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\1\ 21 U.S.C. 801-971.
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As mandated by the CSA, DEA establishes and maintains a closed
system of control for the manufacturing, distribution, and dispensing
of controlled substances, and requires any person who manufactures,
distributes, dispenses, imports, exports, or conducts research or
chemical analysis with controlled substances to register with DEA,
unless they meet an exemption, pursuant to 21 U.S.C. 822. The CSA
authorizes the Administrator of DEA (by delegation of authority from
the Attorney General) to register an applicant to manufacture,
distribute or dispense controlled substances if the Administrator
determines such registration is consistent with the public interest.\2\
The CSA further authorizes the Administrator to promulgate regulations
necessary and appropriate to execute the functions of subchapter I
(Control and Enforcement) and subchapter II (Import and Export) of the
CSA.\3\
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\2\ 21 U.S.C. 823.
\3\ 21 U.S.C. 871(b) and 958(f).
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B. Background and Summary of Changes
DEA published a Notice of Proposed Rulemaking (NPRM) on January 7,
2021 that proposed requiring that all applications for DEA
registrations, and renewal of those registrations, be submitted
online.\4\ The NPRM also proposed removing the paper payment option by
requiring that all payments be made online using credit card at the
time of submission of the application or renewal for DEA
registration.\5\ On April 11, 2022, DEA published a final rule adopting
the regulatory changes as stated in the NPRM but expanded online
payment options to include Automated Clearing House (ACH) funds
transfer, credit card, and any other means available at the time of
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submission of the application or renewal for DEA registration.\6\
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\4\ Amending Regulations To Require Online Submission of
Applications for and Renewals of DEA Registration, 86 FR 1030.
\5\ Id.
\6\ Requiring Online Submission of Applications for and Renewals
of DEA Registration, 87 FR 21019.
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As such, Section 1309.12 of Title 21 of the Code of Federal
Regulations (CFR) requires all applicants shall pay the fee at the time
of submission of the application for registration or reregistration
using the secure application portal.\7\ The online payment may be made
via ACH funds transfer, credit card, or any other means available at
the time of submission using the secure application portal.\8\
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\7\ 21 CFR 1309.12(a).
\8\ 21 CFR 1309.12(b).
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C. Technical Correction
DEA is amending 21 CFR 1301.13(e) by removing the sentence that
states that fee payments may be made by personal, certified, or
cashier's check or money order. As payments may only be submitted
online by the means mentioned above, the reference to paper payment
options found in 21 CFR 1301.13(e) is obsolete. This was an
unintentional oversight and DEA is now correcting this technical error.
The deletion of this sentence will eliminate any remaining confusion as
to the acceptable means of payment when submitting an application for
registration or reregistration.
Regulatory Analyses
Administrative Procedure Act
An agency may find good cause to exempt a rule from certain
provisions of the Administrative Procedure Act (APA), including those
requiring the publication of a prior notice of proposed rulemaking and
the pre-promulgation opportunity for public comment, if such actions
are determined to be unnecessary, impracticable, or contrary to the
public interest.\9\ This rule contains only a technical correction; it
imposes no new substantive requirement on the public or DEA
registrants. Public notice and comment for this action is unnecessary
because the underlying NPRM was already subject to a 60-day comment
period, and this action is consistent with the purpose and rationale of
the final rule, merely making technical changes and updating the
regulatory text accordingly. Because this action does not change DEA's
analyses or overall actions, no purpose would be served by an
additional public notice and comment period. Consequently, DEA has
determined that notice and the opportunity for public comment on this
rule are unnecessary.\10\
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\9\ 5 U.S.C. 553(b)(B).
\10\ Id.
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Additionally, DEA finds that there is good cause under APA section
553(d)(3) for this final rule to become effective on the date of
publication of this action. Section 553(d)(3) of the APA allows an
effective date of less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' \11\ As stated, this final rule does not create any new
regulatory requirements. It is merely a technical correction that
removes a sentence and aligns the affected regulation with the
previously published final rule. 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 takes effect upon the date of publication
in the Federal Register.
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\11\ 5 U.S.C. 553(d)(3).
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Executive Orders 12866, 13563, and 14192 (Regulatory Review)
DEA has determined that this rulemaking is not a ``significant
regulatory action'' under section 3(f) of Executive Order (E.O.) 12866,
Regulatory Planning and Review. Accordingly, this proposed rule has not
been submitted to the Office of Management and Budget (OMB) for review.
This proposed rule has been drafted and reviewed in accordance with
E.O. 12866, ``Regulatory Planning and Review,'' section 1(b),
Principles of Regulation; E.O. 13563, ``Improving Regulation and
Regulatory Review,'' section 1(b), General Principles of Regulation;
and E.O. 14192, ``Unleashing Prosperity Through Deregulation.'' This
rule is not subject to E.O. 14192 because it is not a significant
regulatory action under section 3(f) of E.O. 12866. Because it is
removing a reference to paper payments for applications to DEA
registrations, it is a deregulatory action. This final rule updates an
existing DEA regulation by removing the reference to paper payments by
check or money order for all applications for DEA registrations and
renewal of those registrations. This action makes no substantive
changes to this regulation.
The paper payment option became obsolete when the final rule was
promulgated requiring that all applications for DEA registrations, and
renewal of those registrations, be submitted online. The removal of the
obsolete sentence will add clarity to DEA's regulations.
Additionally, DEA continues to accept ACH fund transfer and card
payment, and registrants are still able to pay with their checking
accounts or debit cards associated with their checking accounts. All
current and prospective registrants are expected to have a checking
account with an online means of payment; therefore, this rulemaking
would not impose any economic burdens on the registrants and is not a
significant regulatory action under section 3(f)(1) of E.O. 12866.
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 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 substantial direct effects on the
tribes, on the relationship between the national government and the
tribes, or the distribution of power and responsibilities between the
Federal government and Indian tribes.
Executive Order 14267, Reducing Anti-Competitive Regulatory Barriers
This final rule does not reduce competition, entrepreneurship, and
innovation.
Executive Order 14294, Overcriminalization of Federal Regulations
E.O. 14294 specifies that all notices of proposed rulemaking
(NPRMs) and final rules published in the Federal Register, the
violation of which may constitute criminal regulatory offenses, should
include a statement identifying that the rule or proposed rule is a
criminal regulatory offense, the authorizing statute, and the mens rea
requirement for each element of the offense. This final rule does not
involve a criminal regulatory offense and thus E.O. 14294 does not
apply.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) applies to
rules that
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are subject to notice and comment under section 553(b) of the APA. As
explained above, DEA was not required to publish a general notice of
proposed rulemaking prior to this final rule. Consequently, the RFA
does not apply to this final rule.
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 annually 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 impose a new collection or modify an
existing collection of information under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3521). Also, this final rule does not impose a
recordkeeping or reporting requirement on State or local governments,
individuals, businesses, or other 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 valid OMB control
number.
Congressional Review Act
This final rule is not a major rule as defined by Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (known as
the Congressional Review Act or CRA).\12\ Because this is a rule of
agency organization, procedure, or practice that does not substantially
affect the rights or obligations of non-agency parties, the reporting
requirement under 5 U.S.C. 801 does not apply.
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\12\ 5 U.S.C. 804(2).
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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.
Sec. 1301.13 [Amended]
0
2. Amend Sec. 1301.13 in paragraph (e) introductory text by removing
the third sentence.
Signing Authority
This document of the Drug Enforcement Administration was signed on
September 30, 2025, by Administrator Terrance Cole. 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.
Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2025-19292 Filed 10-1-25; 8:45 am]
BILLING CODE 4410-09-P
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</html>Indexed from Federal Register on October 2, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.