Conforming Amendment Regarding the Criminal Law Technical Amendments Act of 2002

Issuing agencies

Abstract

The Criminal Law Technical Amendments Act of 2002 ("Technical Amendments Act") became law on November 2, 2002, as part of the 21st Century Department of Justice Appropriations Authorization Act. The Technical Amendments Act amended sections 401(d), 402(c), and 403 of the Controlled Substances Act by replacing outmoded fine amounts with a reference to title 18 of the United States Code in each place that a specific fine amount had appeared. In this rulemaking, the Drug Enforcement Administration (DEA) is amending its regulations to conform them to the statutory amendments made to the Controlled Substances Act by the Technical Amendments Act.

Full Text

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<title>Federal Register, Volume 91 Issue 210 (Monday, November 2, 2026)</title>
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[Federal Register Volume 91, Number 210 (Monday, November 2, 2026)]
[Rules and Regulations]
[Pages 68885-68887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22285]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1301

[Docket No. DEA-1302]
RIN 1117-AB89


Conforming Amendment Regarding the Criminal Law Technical 
Amendments Act of 2002

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule.

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SUMMARY: The Criminal Law Technical Amendments Act of 2002 (``Technical 
Amendments Act'') became law on November 2, 2002, as part of the 21st 
Century Department of Justice Appropriations Authorization Act. The 
Technical Amendments Act amended sections 401(d), 402(c), and 403 of 
the Controlled Substances Act by replacing outmoded fine amounts with a 
reference to title 18 of the United States Code in each place that a 
specific fine amount had appeared. In this rulemaking, the Drug 
Enforcement Administration (DEA) is amending its regulations to conform 
them to the statutory amendments made to the Controlled Substances Act 
by the Technical Amendments Act.

DATES: This final rule is effective on November 2, 2026.

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:

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 
through 1399.
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    \1\ 21 U.S.C. 801-971.
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    On November 2, 2002, the Technical Amendments Act was enacted as 
part of the 21st Century Department of Justice Appropriations 
Authorization Act.\2\ The Technical Amendments Act amended sections 
401(d), 402(c), and 403 of the CSA (21 U.S.C. 841(d), 842(c), and 
843(d), respectively). Of particular relevance to this rulemaking, 
section 4002 of the Technical Amendments Act replaced the terms ``of 
not more than $30,000'' and ``of not more than $60,000'' with ``under 
title 18, United States Code'' each time the terms appeared in 21 
U.S.C. 843(d). However, DEA regulations at 21 CFR 1301.17 continue to 
list ``a fine of not more than $30,000'' or a fine ``not exceeding 
$30,000'' as a possible penalty for providing false information on a 
registration application, intentionally misusing the affidavit 
procedure, and obtaining controlled substances through registration by 
fraudulent means.\3\ In this final rule, DEA is amending its 
regulations to conform to the amendments made to the CSA by the 
Technical Amendments Act. This rule replaces those terms with ``under 
title 18, United States Code'' each time the terms appear in 21 CFR 
1301.17.
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    \2\ Public Law 107-273, 4002, 116 Stat. 1758 (2002).
    \3\ 21 CFR 1301.17(a), (b), and (d).
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Regulatory Analysis

Administrative Procedure Act

    An agency may find good cause to exempt a rule from certain 
provisions of the Administrative Procedure Act (APA),\4\ including 
those requiring the publication of a prior notice of proposed 
rulemaking (NPRM) and the opportunity for public comment, if such 
actions are determined to be unnecessary, impracticable, or contrary to 
the public interest. DEA finds that 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.
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    \4\ 5 U.S.C. 553.
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    This final rule amends DEA regulations only to the extent necessary 
to be consistent with current Federal law, as modified by the Technical 
Amendments Act. The Technical Amendments Act amended the penalty 
provisions of the CSA that DEA previously implemented in its 
regulations. Therefore, DEA is obligated to update those regulations. 
DEA is not exercising discretion with this final rule because this 
final rule merely amends the regulations to conform to the change to 
the CSA made by the Technical Amendments Act. Thus, publishing an NPRM 
or soliciting public comment is unnecessary.\5\ In addition, because 
the statutory changes addressed in this rule have already been in 
effect since November 2, 2002, DEA finds good cause exists to make this 
rule effective immediately upon publication.\6\

[[Page 68886]]

Therefore, DEA is issuing this amendment as a final rule, effective 
upon publication in the Federal Register (FR).
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    \5\ See EME Homer City Generation, L.P. v. E.P.A., 795 F.3d 118, 
134 (D.C. Cir. 2015) (notice and comment are ``unnecessary'' when an 
agency ``lacks discretion'' in deciding how to amend its 
regulations).
    \6\ 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''). A delayed effective 
date is similarly unwarranted here because--by virtue of the 
Technical Amendments Act already being effective--``affected 
parties'' will not need any ``time to adjust their behavior'' to the 
changes in this rule. See Riverbend Farms, Inc. v. Madigan, 958 F.2d 
1479, 1485 (9th Cir. 1992).
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Executive Orders 12866, 13563, and 14192

    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 was developed 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 14192 (Unleashing Prosperity Through Deregulation)
    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 Technical Amendments Act. DEA has no discretion with respect to 
this amendment. This final rule merely codifies legal requirements that 
have been in effect since 2002, when the Technical Amendments Act 
became law. Therefore, DEA anticipates that this final rule will have 
no economic impact.
    This final rule is not subject to Executive Order 14192 because it 
is not a significant regulatory action under section 3(f) of Executive 
Order 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 Executive Order 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 Executive Order 13132 (Federalism). The final rule 
does not have substantial direct effects on the States, 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 (Consultation and Coordination 
with Indian Tribal Governments). 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 to the status 
quo.

Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act of 1995 (UMRA), 
2 U.S.C. 1501 et seq., DEA has determined that this final rule does not 
include a Federal mandate that might 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 and that it would not significantly or uniquely affect small 
governments. Therefore, neither a Small Government Agency plan nor any 
other action is required under the UMRA.

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)

    Executive Order 14294 specifies that all NPRMs and final rules 
published in the FR, the violation of which may constitute a criminal 
regulatory offense, must identify 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 Executive Order 
14294 does not apply.

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. 3501-3521. 
This final rule 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 valid OMB control number.

Congressional Review Act

    This final rule is not a major rule as defined by subtitle E of the 
Congressional Review Act (CRA), 5 U.S.C. 804. This final rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based companies to compete with foreign-based companies 
in domestic and export markets. However, pursuant to the CRA, DEA is 
submitting a copy of this final rule to both Houses of Congress and to 
the Comptroller General.

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 21 CFR 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.


Sec.  1301.17  [Amended]

0
2. Amend Sec.  1301.17 by:
0
a. In paragraph (a), in the ``Affidavit for New Pharmacy'', removing 
the text ``of not more than $30,000'' and adding in its place the text 
``under title 18, United States Code'';
0
b. In paragraph (b), in the ``Affidavit for Transfer of Pharmacy'', 
removing the text ``of not more than $30,000'' and adding in its place 
the text ``under title 18, United States Code''; and
0
c., In paragraph (d), removing the text ``not exceeding $30,000'' and 
adding in its place the text ``under title 18, United States Code''

[[Page 68887]]

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
October 23, 2026, by DEA Administrator Terrance C. 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. 2026-22285 Filed 10-30-26; 8:45 am]
BILLING CODE 4410-09-P


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