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RuleSignificant02-196672002-08-09

Registration and Reregistration Application Fees

Justice Department, Drug Enforcement Administration

Abstract

DEA is publishing a final rule regarding the registration and reregistration fees charged to controlled substances registrants. DEA is required to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances. To address this mandate, on March 22, 1993 DEA published a final rule in the Federal Register, establishing registration fees for controlled substances registrants (58 FR 15272). Following publication of the final rule, the American Medical Association (AMA) and others filed a complaint in the United States District Court for the District of Columbia objecting to the new fees. The district court issued its final order granting the government's motion for summary judgment and disposing of all claims. The AMA appealed. The United States Court of Appeals for the District of Columbia Circuit found DEA's rulemaking to be inadequate. The appeals court remanded, without vacating, the rule to DEA, requiring the agency to provide an opportunity for meaningful notice and comment on the fee-funded components of the Diversion Control Program. DEA responded to the remand requirement through a document published in the Federal Register on December 30, 1996 (61 FR 68624). This Final Rule supplements the December 30, 1996 Federal Register document and with that document, constitutes the final rule on the Drug Diversion Control Fee Account.

Action & Dates

Action
Confirmation of final rule, remanded for further notice and comment, and response to comments.
Dates
(a) That DEA deposit each fiscal year's fee revenue in excess of $15 million into an account for "offsetting receipts" (i.e., the first $15 million collected must remain in the General Fund of the Treasury); (b) that revenue deposited into such account "remain available until expended"; (c) that the fees funding this account "be set at a level that ensures the recovery of the full costs of the various aspects" of the DCP; (d) that DEA "be refunded in accordance with estimates made in the budget request of the Attorney General"; and (e) that the Attorney General "prepare and submit annually to the Congress, statements of financial conditions of the account". 21 U.S.C. 886a.

CFR References

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Drug Enforcement Administration 21 CFR Part 1301 [DEA-140F] RIN 1117-AA34 AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Confirmation of final rule, remanded for further notice and comment, and response to comments. SUMMARY: DEA is publishing a final rule regarding the registration and reregistration fees charged to controlled substances registrants. DEA is required to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances. To address this mandate, on March 22, 1993 DEA published a final rule in the Federal Register , establishing registration fees for controlled substances registrants ( 58 FR 15272 ). Following publication of the final rule, the American Medical Association (AMA) and others filed a complaint in the United States District Court for the District of Columbia objecting to the new fees. The district court issued its final order granting the government's motion for summary judgment and disposing of all claims. The AMA appealed. The United States Court of Appeals for the District of Columbia Circuit found DEA's rulemaking to be inadequate. The appeals court remanded, without vacating, the rule to DEA, requiring the agency to provide an opportunity for meaningful notice and comment on the fee-funded components of the Diversion Control Program. DEA responded to the remand requirement through a document published in the Federal Register on December

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Full Document

Citation: 67 FR 51988