82 FR 14490 - Program To Hire Special Assistant United States Attorneys in Targeted Federal Judicial Districts Utilizing Diversion Control Fee Account Funds
DEPARTMENT OF JUSTICE
Drug Enforcement Administration Federal Register Volume 82, Issue 53 (March 21, 2017)
Drug Enforcement Administration
Federal Register Volume 82, Issue 53 (March 21, 2017)
| Page Range | 14490-14494 | |
| FR Document | 2017-05396 |
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)] [Proposed Rules] [Pages 14490-14494] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05396] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Parts 1301 and 1311 [Docket No. DEA-445N] Program To Hire Special Assistant United States Attorneys in Targeted Federal Judicial Districts Utilizing Diversion Control Fee Account Funds AGENCY: Drug Enforcement Administration, Department of Justice. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Drug Enforcement Administration (DEA) is proposing a rule that would expand and enhance the enforcement component of the Diversion Control Program (DCP) as previously outlined in the December 30, 1996, Federal Register document ``Registration and Reregistration Application Fees,'' hereinafter referred to as the 1996 Rule. The 1996 Rule specified six types of investigations involving the diversion of controlled substances, which could be pursued by the DCP utilizing funding from the Diversion Control Fee Account (DCFA). Those investigations included the theft or robbery of pharmaceutical controlled substances, the acquisition of pharmaceutical controlled substances through fraud or deceit, and other illegal diversion activities. The 1996 Rule also authorized the continued use and expansion by the DCP of Tactical Diversion Squads (TDSs), defined as, ``enforcement teams consisting of Federal, state, and local law enforcement personnel fully dedicated to the investigation and prosecution of persons involved in the diversion of controlled substances.'' DATES: Electronic comments must be submitted, and written comments must be postmarked, on or before April 20, 2017. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period. ADDRESSES: To ensure proper handling of comments, please reference ``Docket No. DEA-445N'' on all correspondence, including any attachments. The Drug Enforcement Administration encourages that all comments be submitted through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the Web page or to attach a file for lengthier comments. Please go to http://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on Regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. Paper comments that duplicate an electronic submission are not necessary and are discouraged. Should you wish to mail a paper comment in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Michael J. Lewis, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598- 6812. SUPPLEMENTARY INFORMATION: This proposed rule would expand on the already-recognized investigative activities funded by the DCFA and allow for the hiring of attorneys in support of these activities. The attorneys, hired by DEA and paid with funds from the DCFA, will be detailed to the Department of Justice (DOJ) as Special Assistant United States Attorneys (SAUSAs), and will assist in the investigation and prosecution of those diversion crimes outlined in the 1996 Rule, and related civil actions. DCFA-funded SAUSAs in the program would be exclusively engaged in duties which provide investigative and prosecutorial support to federal criminal and related civil diversion investigations conducted by the DEA and its partnering law enforcement agencies. The investigations, and the companion support provided by the attorneys detailed as SAUSAs in this program, will adhere to the guidelines for the use of DCFA funding found in Title 21, United States Code, 821, 822, and 886a; the 1996 Rule, 76 FR 39318, July 6, 2011; and 77 FR 15234, March 15, 2012. In addition, the proposed rule would authorize the SAUSAs hired by DEA and detailed to DOJ to prosecute crimes that are derivative or ancillary criminal violations to the diversion crimes outlined in the 1996 Rule. Examples of these ancillary or derivative crimes would include money laundering or other financial crimes involving the proceeds of diversion activity; firearms and crimes of violence related to or caused by diversion activity; use of a communication facility to commit diversion crimes; and the forfeiture of assets which facilitate or are derived from diversion activity. In addition to protecting the public, the proposed rule will enhance the protections provided to the DEA registrant community by the DCP by ensuring that those engaged in criminal and related civil violations affecting the DEA registrant population are apprehended, and, equally as important, prosecuted. The proposed rule will ensure that illegal activities that [[Page 14491]] endanger the safety of registrants and their employees (burglary and robbery of registered locations); threatens the credibility and financial stability of registrants and their employees (prescription forgery, fraud, and theft); and damages the public perception and reputation of the registrant community (prescribing or dispensing outside the course of medical practice and other offenses committed by registrants) will be fully addressed through robust investigation and prosecution. The proposed rule is a continuation of the concepts outlined in ``Controlled Substances and List 1 Chemical Registration and Reregistration Fees,'' 77 FR 15234 (Mar. 15, 2012), hereinafter referred to as the 2012 Rule. The 2012 Rule provides that ``it is essential to utilize a diverse skilled workforce and constantly review and modify all aspects of the DCP to help successfully execute the drug trafficking disruption goals of the National Drug Control Strategy and effectively prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while ensuring a sufficient supply of these substances for legitimate medical purposes.'' It is in furtherance of that constant review--and modification when necessary--that this rule is proposed. This proposed rule does not request an increase in Registration and Reregistration Fees. Posting of Public Comments Please note that all comments received in response to this docket are considered part of the public record. They will, unless reasonable cause is given, be made available by the Drug Enforcement Administration for public inspection online at http://www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act (FOIA) applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your comment. You must also place the personal identifying information you do not want to be made publicly available in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. Comments containing personal identifying information and confidential business information identified as directed above will generally be made publicly available in redacted form. If a comment has so much confidential business information or personal identifying information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information (such as name, address, and phone number) or confidential business information included in the text of your electronic submission that is not identified as directed above as confidential. Legal Authority/Diversion Control Fee Account Through the enactment of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (CSA), Congress has established a closed system of distribution making it unlawful to handle any controlled substance or listed chemical except in a manner authorized by the CSA. In order to maintain this closed system of distribution, the CSA imposes registration requirements on some handlers of controlled substances and list I chemicals.\1\ 21 U.S.C. 822 and 957; 21 CFR 1301.13 and 1309.25. Under the CSA, the DEA is authorized to charge reasonable fees relating to the registration and control of the manufacture, distribution, dispensing, import, and export of controlled substances and listed chemicals.\2\ 21 U.S.C. 821 and 958(f). However, the DEA must set fees at a level that ensures the recovery of the full costs of operating the various aspects of its diversion control program as outlined in 21 U.S.C. 886a. This is known as the Diversion Control Fee Account (DCFA). The diversion control program consists of the controlled substance and chemical diversion control activities of the DEA which are related to the registration and control of the manufacture, distribution, dispensing, importation, and exportation of controlled substances and listed chemicals.\3\ 21 U.S.C. 886a(2). The DCFA is then utilized by the DEA in strict compliance with 21 U.S.C. 821, 822, and 886a; the 1996 Rule; 76 FR 39318, July 6, 2011; the 2012 Rule; as well as all applicable laws, regulations, and DEA policy to establish and implement the DEA registration process; to provide regulatory oversight of DEA registrants; and to prevent, detect, and investigate diversion from the legal channels prescribed by law into illegal channels that violate the CSA. --------------------------------------------------------------------------- \1\ Pursuant to the CSA, certain entities are exempted from registration, from paying the registration fee entirely, or are exempted from the requirement of a separate registration for activities performed as a coincident activity under a registered business activity. \2\ The Attorney General delegated authorities under the CSA (found in titles II and III of the Act) to the Administrator of the DEA, who in turn redelegated many of these authorities to the Assistant Administrator of the DEA Diversion Control Division. 28 CFR 0.100 et seq. \3\ The Diversion Control Division is the strategic focus area within the Administration that carries out the mandates of the CSA to ensure that adequate supplies of controlled substances and listed chemicals are available to meet legitimate domestic medical, scientific, industrial, and export needs. The Diversion Control Division carries out the mission of the DEA to prevent, detect, and eliminate the diversion of these substances into the illicit drug market. Activities in support of the Diversion Control Division and its mission include: Determination of program priorities; field management oversight; coordination of major investigations; drafting and promulgating regulations; the design and proposal of national legislation; advice and leadership on State legislation/regulatory initiatives; oversight of the importation and exportation of tableting and encapsulating machines, controlled substances, and listed chemicals; establishment of national drug production quotas; activities related to drug scheduling and compliance with international treaty obligations; the design and execution of diplomatic missions; computerized monitoring and tracking of the distribution of certain controlled substances; planning and allocation of program resources; and liaison efforts with industry and their representative associations as well as to the DEA's regulatory and law enforcement counterparts at the federal, State, tribal, and local levels. --------------------------------------------------------------------------- The Tactical Diversion Squad Program As part of the DCP, and pursuant to 21 U.S.C. 821 and 886a, and the 1996 Rule, DEA has created Tactical Diversion Squad (TDS) units staffed by DEA Special Agents, Diversion Investigators, Task Force Officers (TFOs) \4\ and Intelligence Analysts to work collaboratively to investigate the criminal and related civil aspects of the illegal diversion of controlled substances. These illegal practices are outlined in the 1996 Rule and include prescribing or dispensing of controlled substances outside the course of practice, the theft of controlled substances, pharmacy burglary and robbery, prescription forgery and fraud, distribution of diverted controlled substances, and other violations of Federal law related to the diversion of [[Page 14492]] controlled substances. In response to growing drug-related threats, particularly the threats posed by opioid abuse, the DEA has continued to grow the TDS program. Currently, the DEA has staffed 79 TDS groups across the United States to attack the illegal diversion and trafficking of pharmaceuticals. --------------------------------------------------------------------------- \4\ A TFO is a sworn officer of a state or local law enforcement agency seconded to DEA and credentialed by DEA as a Federal law enforcement officer. --------------------------------------------------------------------------- Of particular note, state and local law enforcement agencies have invested 283 of their officers to work as TFOs with the TDS Squads across the United States. These TFOs represent the growing understanding in the law enforcement community of the threat posed by the diversion of pharmaceutical drugs into our society. The TFOs represent a tremendous return on investment for the DCFA as the salaries for these officers are borne by their respective departments, with the DCFA reimbursing the departments for overtime expenses and providing the TFOs with vehicle expenses, travel expenses, and investigative expenses. These groups have been extremely effective in attacking the prescription drug diversion and abuse problem when allied with our critical prosecution partners within the various United States Attorney's Offices. As the TDS program continues to grow, it is critical that more resources, such as SAUSAs, are available to prosecute these cases when necessary. The DEA's Special Assistant United States Attorney Pilot Program The United States is currently in the midst of an epidemic of opioid abuse and overdose death. Drug overdose has overtaken deaths from firearms and automobile accidents as the leading cause of accidental or unintentional injury death in the United States.\5\ In 2014, according to the Centers for Disease Control, opioid overdoses killed 28,000 people in the United States, with more than half of those deaths caused by prescription opioids. Drug overdose death increased by 11.4% from 2014 to 2015 alone (52,404 deaths to 47,055 deaths).\6\ Since 1999, the amount of opioid pain medicine prescribed in the United States has quadrupled, with a corresponding rise in the number of deaths from prescription opioids. In addition to the direct harm caused by the abuse of opioid drugs diverted from legitimate use, it is clear that the use and abuse of prescription opioids is a gateway to the use of other illegal substances. For example, more than 80% of heroin users in the United States used prescription drugs as a gateway to their eventual use of heroin. --------------------------------------------------------------------------- \5\ Centers for Disease Control 2014 Deaths, Final Data Report. \6\ Centers for Disease Control, Increases in Drug and Opioid- Involved Overdose Deaths--United States, 2010-2015. --------------------------------------------------------------------------- Additionally, in a 2012 study by the Substance Abuse and Mental Health Services Administration (SAMHSA) of emergency room visits for drug related overdose in young adults aged 18 to 25, more than 11% were admitted for misuse/abuse of benzodiazepines; more than were admitted for use of heroin (9.9%), cocaine (8.8%), or methamphetamine (5.6%).\7\ --------------------------------------------------------------------------- \7\ Substance Abuse and Mental Health Services Administration December 2012 Report entitled Admissions Reporting Benzodiazepine and Narcotic Pain Reliever Abuse at Treatment Entry. --------------------------------------------------------------------------- As indicated above, to answer this drug abuse epidemic, DEA has dedicated increasing resources to the DCP through the expansion of the TDS program, which has resulted in dramatic program growth over the past decade. In 2006, DEA had five TDS groups in operation with only 70 Special Agents dedicated to diversion investigations and funded by the DCFA. By 2016, the number of TDS groups had grown to 79, with 340 Special Agents dedicated to diversion investigations. The prosecution of those responsible for, and engaged in, criminal and related civil diversion activity is integral to public safety. As the number of personnel dedicated to diversion investigations has increased, the arrests and potential defendants identified for prosecution have also increased. Should prosecutions not keep pace with these increased activities, the reduction of the diversion of controlled substances cannot be accomplished. To help ensure that the increased investment of DCFA resources into the investigation of diversion activity outlined in the 1996 Rule are fully realized with prosecution efforts, the DEA, in cooperation with the Executive Office for United States Attorneys (EOUSA) \8\ and the United States Attorneys' Offices, proposes to institute a program to hire attorneys with the requisite experience and education to serve as Special Assistant United States Attorneys (SAUSAs) in targeted federal judicial districts. Pursuant to 21 U.S.C. 821 and 886a, the 1996 Rule, and the 2012 Rule, the hiring, training, and activities of these attorneys will be funded by the DCFA. Once hired, these attorneys will be provided with additional specialized training under this program for prosecuting crimes resulting from DCFA-funded investigations. The criteria utilized in determining the appropriate geographic placement of detailed SAUSAs will be based on an examination of several factors in each district, including prescription drug abuse rates; drug overdose death rates; an analysis of opioid prescribing and ordering; input from other Federal, state, and local officials; the number of DCFA-funded DEA personnel in the district; and the input from the United States Attorney, the Diversion Control Division, and the DEA Special Agent in Charge for each judicial district. --------------------------------------------------------------------------- \8\ The Executive Office for United States Attorneys (EOUSA) is the Department of Justice component that provides administrative and policy oversight to the 94 Offices of the United States Attorney. --------------------------------------------------------------------------- DEA proposes that the attorneys hired as a part of this program will be directly employed by DEA, and funded through the DCFA. Once hired, they would be detailed to DOJ and receive authorization to serve as SAUSAs from EOUSA, the United States Attorney, and the U.S. District Court in the district of hire to serve in the capacity of a SAUSA. In this role, the SAUSAs would be permitted to represent the United States in criminal and civil proceedings before the courts and apply for various legal orders. All of the anticipated activities will relate to, and result from, those investigations conducted pursuant to the 1996 Rule. While the use of DEA attorneys detailed as SAUSAs and funded through the DCFA is a new concept, the use of attorneys detailed as SAUSAs to complement the capabilities of the United States Attorneys' Offices is not. Applicable Department of Justice policy states the following regarding SAUSAs employed by other agencies: Attorneys employed in other departments or agencies of the federal government may be appointed as Special Assistants to United States Attorneys, without compensation other than that paid by their own agency, to assist in the trial or presentation of cases when their services and assistance are needed. Such appointments, and appointments of Assistant United States Attorneys from one United States Attorney's office to another, may be made by the United States Attorney requiring their services.\9\ --------------------------------------------------------------------------- \9\ U.S. Dep't of Justice, United States Attorneys' Manual, Sec. 3-2.300 (1998), available at https://www.justice.gov/usam/usam-3-2000-united-states-attorneys-ausas-special-assistants-and-agac. In many areas, SAUSAs have been designated from state and local prosecutors' offices to allow a greater volume of specific types of cases (firearms cases primarily) to be presented in federal court than would otherwise be possible with the resources allocated to the United States Attorneys' Office. Likewise, funds from the Federal High Intensity Drug Trafficking Area (HIDTA) grant program have been utilized to hire attorneys to serve as SAUSAs that specifically provide prosecutorial and legal services to [[Page 14493]] narcotics task forces funded by the HIDTA program. Both of these programs have been highly effective and serve as good models for the proposed use of DCFA-funded SAUSAs to prosecute diversion-related offenses. The goal of this proposed effort is to ensure the effective and efficient use of DCFA resources dedicated to the TDS program by providing resources to help ensure that criminal and related civil cases with sufficient evidence are prosecuted in a timely manner. All DCFA-funded SAUSAs in the program would be utilized exclusively to support DCFA-funded investigations conducted by the DEA and its partnering law enforcement agencies. The types of investigations in which the SAUSAs will assist, and the crimes they will prosecute will stem from the types of investigations identified in the 1996 Rule, which states: ``The targets and types of investigations conducted by the DCP pursuant to 21 U.S.C. 821 are identified below. (1) Registrants and their agents or employees suspected of diverting controlled substances from legitimate channels; (2) Persons who engage in the smuggling, theft, robbery and/or trafficking of pharmaceutical controlled substances, including, where appropriate, identifying and immobilizing their sources of supply, whether domestic or foreign, through enforcement of the controls relating to the manufacture, distribution, import, export, and dispensing of controlled substances; (3) Persons, both registered and nonregistered, who conduct controlled substances activities for which they do not have the required DOA or state authorization; (4) Persons who obtain pharmaceutical controlled substances from registrants through fraud, deceit, or circumvention of the controls on manufacturing, distribution, or dispensing, i.e. fraudulent use of another person's DEA registration number to obtain controlled substances, doctor shoppers, prescription forgers, etc.; (5) The trafficking by non-registrants in controlled substances which are fraudulently promoted as legitimate therapies (such as ``herbal remedies'' sold ``under the counter'' which actually contain a controlled substance); (6) Persons who use their DEA registrations to assist in the diversion or misuse of controlled substances for other than medical purposes, such as health care fraud, self-abuse, trading controlled substances for non-medical purposes, etc.'' 61 FR 68629. During the course of the investigations described in paragraphs 1 through 6 of the 1996 Rule, additional criminal activity may be uncovered. To the extent this additional criminal activity is committed by an individual or group of individuals whose primary criminal activity is described in paragraphs 1 through 6 of the 1996 Rule, and the additional criminal activity is derivative of, or ancillary to, the illegal activity described in those paragraphs, the investigations have included this additional criminal activity, and these crimes will be prosecuted by the SAUSAs described in this proposed rule. Examples of this type of additional criminal activity would include weapons offenses or crimes of violence in support of diversion offenses; money laundering, structuring or other financial violation to support diversion offenses, or utilizing monies derived from diversion offenses; the use of a telecommunication device in support of diversion offenses; and the forfeiture of assets derived from, or facilitating, diversion offenses. Cost of the SAUSA Program The DEA proposes to initially hire 20 attorneys utilizing funding from the DCFA to implement the program. The initial 20 attorneys would be selected to serve in a minimum of 12 and maximum of 20 federal judicial districts at an estimated annual cost of $3.8 million.\10\ With an annual, Congressionally-approved budget of more than $371,000,000.00 (Fiscal Year 2016), the expenditures related to the SAUSA program would comprise only 1% of the annual DCFA budget. As a result of the low cost in comparison to the overall DCFA budget, as well as the reprioritization of other DCFA expenditures, this project is not expected to result in an increase to the registration fee schedule. If finalized, this program would be continually evaluated by the DEA to ensure that DCFA funding is spent in accordance with guidelines for the use of DCFA funding found in 21 U.S.C. 821, 822, and 886a; the 1996 Rule; 76 FR 39318, July 6, 2011; and the 2012 Rule. DEA would also continuously evaluate the program to ensure that the project is successful in securing the criminal and civil prosecutions necessary to justify the continued expenditure of DCFA funding. --------------------------------------------------------------------------- \10\ The cost estimate for the 20 positions is based on the U.S. Office of Personnel Management 2016 General Schedule (GS) Locality Pay Table for ``Washington-Baltimore-Arlington, DC-MD-VA-WV-PA'' at the GS-15 Step 5 level of $145,162. The ``Washington-Baltimore- Arlington, DC-MD-VA-WV-PA'' is used to be conservative. Including an estimated 30% for benefits, the estimated cost per position is $188,711 per year, or $3,774,212 ($3.8 million) per year for all 20 positions. --------------------------------------------------------------------------- Regulatory Analyses Executive Orders 12866 and 13563 This proposed rule was developed in accordance with the principles of Executive Orders 12866 and 13563. As described previously, the estimated annual cost of $3.8 million is less than 1% of the annual DCFA budget and sufficient funding exists in the DCFA budget to allow for this program due to the reprioritization of other budgetary items within the DCP. This program will result in a net zero economic effect and no impact on registration fees. Therefore, the DEA does not anticipate that this rulemaking will have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities. This proposed rule is not a ``significant regulatory action'' under Executive Order 12866 Section 3(f). Executive Order 12988 This proposed 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 This rulemaking does not have federalism implications warranting the application of Executive Order 13132. The 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 This proposed 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 between the Federal Government and Indian tribes. Unfunded Mandates Reform Act This proposed rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted for inflation) in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed [[Page 14494]] necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532. Regulatory Flexibility Act The Administrator, in accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612) (RFA), has reviewed this proposed rule and by approving it certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. There are nearly 1.7 million DEA registrations, of which, a large majority either are held by small entities or are those employed by small entities. As discussed above, the DEA estimates the estimated annual cost of $3.8 million is offset by reprioritization of other DCFA expenditures, resulting in a net zero economic effect and no impact on registration fees for any registrants. Therefore, the DEA estimates that the rule will not, if promulgated, have a significant effect on a substantial number of these small entities. Paperwork Reduction Act of 1995 This action does not impose a new collection of information requirement under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501- 3521 Dated: March 11, 2017. Chuck Rosenberg, Acting Administrator. [FR Doc. 2017-05396 Filed 3-20-17; 8:45 am] BILLING CODE 4410-09-P
![14490 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules
Operating Handbook and the Airplane Flight ACTION: Notice of proposed rulemaking. comment, it should be sent via regular
Manual are the same document with the or express mail to: Drug Enforcement
Report No.: 02277. SUMMARY: The Drug Enforcement Administration, Attention: DEA Federal
(g) Other FAA AD Provisions
Administration (DEA) is proposing a Register Representative/DRW, 8701
rule that would expand and enhance the Morrissette Drive, Springfield, Virginia
The following provisions also apply to this enforcement component of the
AD: 22152.
(1) Alternative Methods of Compliance Diversion Control Program (DCP) as
previously outlined in the December 30, FOR FURTHER INFORMATION CONTACT:
(AMOCs): The Manager, Standards Office,
1996, Federal Register document Michael J. Lewis, Diversion Control
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures ‘‘Registration and Reregistration Division, Drug Enforcement
found in 14 CFR 39.19. Send information to Application Fees,’’ hereinafter referred Administration; Mailing Address: 8701
ATTN: Doug Rudolph, Aerospace Engineer, to as the 1996 Rule. The 1996 Rule Morrissette Drive, Springfield, Virginia
FAA, Small Airplane Directorate, 901 Locust, specified six types of investigations 22152; Telephone: (202) 598–6812.
Room 301, Kansas City, Missouri 64106; involving the diversion of controlled SUPPLEMENTARY INFORMATION: This
telephone: (816) 329–4059; fax: (816) 329– proposed rule would expand on the
substances, which could be pursued by
4090; email: doug.rudolph@faa.gov. Before already-recognized investigative
using any approved AMOC on any airplane the DCP utilizing funding from the
to which the AMOC applies, notify your Diversion Control Fee Account (DCFA). activities funded by the DCFA and
appropriate principal inspector (PI) in the Those investigations included the theft allow for the hiring of attorneys in
FAA Flight Standards District Office (FSDO), or robbery of pharmaceutical controlled support of these activities. The
or lacking a PI, your local FSDO. substances, the acquisition of attorneys, hired by DEA and paid with
(2) Airworthy Product: For any requirement pharmaceutical controlled substances funds from the DCFA, will be detailed
in this AD to obtain corrective actions from through fraud or deceit, and other illegal to the Department of Justice (DOJ) as
a manufacturer or other source, use these diversion activities. The 1996 Rule also Special Assistant United States
actions if they are FAA-approved. Corrective Attorneys (SAUSAs), and will assist in
actions are considered FAA-approved if they
authorized the continued use and
are approved by the State of Design Authority expansion by the DCP of Tactical the investigation and prosecution of
(or their delegated agent). You are required Diversion Squads (TDSs), defined as, those diversion crimes outlined in the
to assure the product is airworthy before it ‘‘enforcement teams consisting of 1996 Rule, and related civil actions.
is returned to service. Federal, state, and local law DCFA-funded SAUSAs in the program
enforcement personnel fully dedicated would be exclusively engaged in duties
(h) Related Information
to the investigation and prosecution of which provide investigative and
Refer to MCAI European Aviation Safety persons involved in the diversion of prosecutorial support to federal criminal
Agency (EASA) AD No. 2017–0024, dated
February 13, 2017, for related information.
controlled substances.’’ and related civil diversion
You may examine the MCAI on the Internet DATES: Electronic comments must be investigations conducted by the DEA
at http://www.regulations.gov by searching submitted, and written comments must and its partnering law enforcement
for and locating Docket No. FAA–2017–0194. be postmarked, on or before April 20, agencies. The investigations, and the
For service information related to this AD, 2017. Commenters should be aware that companion support provided by the
contact PILATUS AIRCRAFT LTD., Customer the electronic Federal Docket attorneys detailed as SAUSAs in this
Support PC–12, CH–6371 Stans, Switzerland; Management System will not accept program, will adhere to the guidelines
phone: +41 41 619 33 33; fax: +41 41 619 73 comments after 11:59 p.m. Eastern Time for the use of DCFA funding found in
11; email: SupportPC12@pilatus-
aircraft.com; Internet: www.pilatus- on the last day of the comment period. Title 21, United States Code, 821, 822,
aircraft.com. You may review this referenced ADDRESSES: To ensure proper handling and 886a; the 1996 Rule, 76 FR 39318,
service information at the FAA, Small of comments, please reference ‘‘Docket July 6, 2011; and 77 FR 15234, March
Airplane Directorate, 901 Locust, Kansas No. DEA–445N’’ on all correspondence, 15, 2012.
City, Missouri 64106. For information on the including any attachments. In addition, the proposed rule would
availability of this material at the FAA, call The Drug Enforcement authorize the SAUSAs hired by DEA
(816) 329–4148. Administration encourages that all and detailed to DOJ to prosecute crimes
Issued in Kansas City, Missouri, on March comments be submitted through the that are derivative or ancillary criminal
7, 2017. Federal eRulemaking Portal, which violations to the diversion crimes
Pat Mullen, provides the ability to type short outlined in the 1996 Rule. Examples of
Acting Manager, Small Airplane Directorate, comments directly into the comment these ancillary or derivative crimes
Aircraft Certification Service. field on the Web page or to attach a file would include money laundering or
[FR Doc. 2017–05160 Filed 3–20–17; 8:45 am] for lengthier comments. Please go to other financial crimes involving the
BILLING CODE 4910–13–P http://www.regulations.gov and follow proceeds of diversion activity; firearms
the online instructions at that site for and crimes of violence related to or
submitting comments. Upon completion caused by diversion activity; use of a
DEPARTMENT OF JUSTICE of your submission you will receive a communication facility to commit
Comment Tracking Number for your diversion crimes; and the forfeiture of
Drug Enforcement Administration comment. Please be aware that assets which facilitate or are derived
submitted comments are not from diversion activity.
21 CFR Parts 1301 and 1311 instantaneously available for public In addition to protecting the public,
view on Regulations.gov. If you have the proposed rule will enhance the
mstockstill on DSK3G9T082PROD with PROPOSALS
[Docket No. DEA–445N] received a Comment Tracking Number, protections provided to the DEA
your comment has been successfully registrant community by the DCP by
Program To Hire Special Assistant
submitted and there is no need to ensuring that those engaged in criminal
United States Attorneys in Targeted
resubmit the same comment. Paper and related civil violations affecting the
Federal Judicial Districts Utilizing
comments that duplicate an electronic DEA registrant population are
Diversion Control Fee Account Funds
submission are not necessary and are apprehended, and, equally as important,
AGENCY:Drug Enforcement discouraged. Should you wish to mail a prosecuted. The proposed rule will
Administration, Department of Justice. paper comment in lieu of an electronic ensure that illegal activities that
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necessary under the provisions of the Port Maryland-National Capital Region The purpose of this rulemaking is to
Unfunded Mandates Reform Act of or the Coast Guard Patrol Commander. protect event participants, spectators
1995, 2 U.S.C. 1532. We invite your comments on this and transiting vessels on specified
proposed rulemaking. waters of the Corsica River before,
Regulatory Flexibility Act
DATES: Comments and related material during, and after the scheduled event.
The Administrator, in accordance must be received by the Coast Guard on The Coast Guard proposes this
with the Regulatory Flexibility Act (5 or before April 20, 2017. rulemaking under authority in 33 U.S.C.
U.S.C. 601–612) (RFA), has reviewed 1233, which authorize the Coast Guard
this proposed rule and by approving it ADDRESSES: You may submit comments to establish and define special local
certifies that the rule will not, if identified by docket number USCG– regulations.
promulgated, have a significant 2017–0168 using the Federal
eRulemaking Portal at http:// III. Discussion of Proposed Rule
economic impact on a substantial
number of small entities. There are www.regulations.gov. See the ‘‘Public The COTP Maryland-National Capital
nearly 1.7 million DEA registrations, of Participation and Request for Region proposes to establish special
which, a large majority either are held Comments’’ portion of the local regulations from 7:30 a.m. until
by small entities or are those employed SUPPLEMENTARY INFORMATION section for 2:30 p.m. on April 22, 2017, and if
by small entities. As discussed above, further instructions on submitting necessary, due to inclement weather,
the DEA estimates the estimated annual comments. from 7:30 a.m. until 2:30 p.m. on April
cost of $3.8 million is offset by FOR FURTHER INFORMATION CONTACT: If 23, 2017. The regulated area would
reprioritization of other DCFA you have questions about this proposed include all navigable waters of the
expenditures, resulting in a net zero rulemaking, call or email Mr. Ronald Corsica River, from shoreline to
economic effect and no impact on Houck, U.S. Coast Guard Sector shoreline, within an area bounded on
registration fees for any registrants. Maryland-National Capital Region; the east by a line drawn from latitude
Therefore, the DEA estimates that the telephone 410–576–2674, email 39°04′32″ N., longitude 076°05′20″ W.,
rule will not, if promulgated, have a Ronald.L.Houck@uscg.mil. thence south to latitude 39°04′07″ N.,
significant effect on a substantial longitude 076°05′20″ W., and bounded
SUPPLEMENTARY INFORMATION:
number of these small entities. on the west by a line drawn from
I. Table of Abbreviations latitude 39°04′59″ N., longitude
Paperwork Reduction Act of 1995 076°06′30″ W., thence south to latitude
CFR Code of Federal Regulations
This action does not impose a new COTP Captain of the Port 39°04′44″ N., longitude 076°06′30″ W.,
collection of information requirement DHS Department of Homeland Security located near Centreville, MD. The
under the Paperwork Reduction Act of E.O. Executive order duration of the regulated area is
1995. 44 U.S.C. 3501–3521 FR Federal Register intended to ensure the safety of event
Dated: March 11, 2017. NPRM Notice of proposed rulemaking participants and vessels within the
Pub. L. Public Law specified navigable waters before,
Chuck Rosenberg, § Section during, and after the scheduled 8 a.m.
Acting Administrator. U.S.C. United States Code until 2 p.m. rowing competition. Except
[FR Doc. 2017–05396 Filed 3–20–17; 8:45 am]
II. Background, Purpose, and Legal for The Gunston Invitational
BILLING CODE 4410–09–P participants, no vessel or person would
Basis
be permitted to enter the regulated area
On February 16, 2017, The Gunston without obtaining permission from the
DEPARTMENT OF HOMELAND School of Centreville, MD notified the COTP Maryland-National Capital
SECURITY Coast Guard that it will be conducting Region or the Coast Guard Patrol
a rowing regatta from 8 a.m. until 2 p.m. Commander. The regulatory text we are
Coast Guard on April 22, 2017, and if necessary, due proposing appears at the end of this
to inclement weather, from 8 a.m. until document.
33 CFR Part 100 2 p.m. on April 23, 2017. The high
school rowing event consists of IV. Regulatory Analyses
[Docket Number USCG–2017–0168]
approximately 30 participants We developed this proposed rule after
RIN 1625–AA08 competing on a designated 1500-meter considering numerous statutes and
distance course in the Corsica River that Executive orders (E.O.s) related to
Special Local Regulation; Corsica starts at Rocky Point and finishes at rulemaking. Below we summarize our
River, Queen Anne’s County, MD Jacobs Nose near Centreville, MD. analyses based on a number of these
AGENCY: Coast Guard, DHS. Hazards from the rowing competition statutes and E.O.s, and we discuss First
ACTION: Notice of proposed rulemaking. include participants operating within Amendment rights of protestors.
and adjacent to the designated
SUMMARY: The Coast Guard proposes to navigation channel and interfering with A. Regulatory Planning and Review
establish special local regulations for vessels intending to operate within that E.O.s 12866 and 13563 direct agencies
certain waters of the Corsica River. This channel, as well as rowing within to assess the costs and benefits of
action is necessary to provide for the approaches to local public and private available regulatory alternatives and, if
safety of life on the navigable waters marinas and boat facilities. The COTP regulation is necessary, to select
mstockstill on DSK3G9T082PROD with PROPOSALS
located in Queen Anne’s County, MD Maryland-National Capital Region has regulatory approaches that maximize
during a rowing event on April 22, determined that potential hazards net benefits. E.O. 13563 emphasizes the
2017. If necessary, due to inclement associated with the rowing event would importance of quantifying both costs
weather, the event will be rescheduled be a safety concern for anyone intending and benefits, of reducing costs, of
to April 23, 2017. This proposed to participate in this event or for vessels harmonizing rules, and of promoting
rulemaking would prohibit persons and that operate within specified waters of flexibility. This NPRM has not been
vessels from entering the regulated area the Corsica River in Queen Anne’s designated a ‘‘significant regulatory
unless authorized by the Captain of the County, MD. action,’’ under E.O. 12866. Accordingly,
VerDate Sep<11>2014 15:59 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\21MRP1.SGM 21MRP1](https://thefederalregister.org/doc/82_FR_14543/page/5.svg)
Document Created: 2017-03-21 01:09:46
Document Modified: 2017-03-21 01:09:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Electronic comments must be submitted, and written comments must be postmarked, on or before April 20, 2017. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period. | |
| Contact | Michael J. Lewis, Diversion Control | |
| FR Citation | 82 FR 14490 | |
| CFR Citation | 21
CFR
1301 21 CFR 1311 |
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