[Federal Register: June 22, 2004 (Volume 69, Number 119)]
[Rules and Regulations]               
[Page 34568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn04-10]                         

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1301

[Docket No. DEA-232C]
RIN 1117-AA70

 
Controlled Substances Registration and Reregistration Application 
Fees

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Final rule correction.

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SUMMARY: This document corrects an error included in DEA's Final Rule 
published in the Federal Register on October 10, 2003 (68 FR 58587). 
This Final Rule related to the fees to be charged controlled substances 
registrants. This correction will not adjust the fees collected to 
support the Diversion Control Program.

EFFECTIVE DATE: June 22, 2004.

FOR FURTHER INFORMATION CONTACT: Patricia M. Good, Chief, Liaison and 
Policy Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537; Telephone (202) 307-7297.

SUPPLEMENTARY INFORMATION:

Background

    On October 10, 2003, the Drug Enforcement Administration (DEA) 
published a Final Rule in the Federal Register adjusting its controlled 
substances registration and reregistration fees pursuant to the 
Controlled Substances Act (21 U.S.C. 821, 886a). In that Final Rule, 
DEA indicated that Firebird, DEA's information system, was funded 
through appropriated funds, not through the Drug Diversion Control Fee 
Account (DDCFA) (68 FR 58591-58592, October 10, 2003).

Need for Correction

    As published, the Final Rule contains an error which may prove to 
be misleading and is in need of clarification. In DEA's Fiscal Year 
2004 budget, costs attributable to DEA's ADP System (Firebird) were 
included in the DCFA cost module. Because the Firebird information 
system is directly used by Diversion personnel to register controlled 
substances handlers, establish quotas, and conduct regulatory audits 
and investigations, funding of this system is attributable to the DDCFA 
rather than appropriated funds. Since Firebird is now funded as part of 
expenses within the Diversion Control Program, DEA should not have 
included Firebird in its discussion of costs that are excluded from 
DDCFA funding.
    As costs associated with the Firebird information system were 
included in the budget calculations used to establish the registration 
and reregistration fees for Fiscal Years 2004, 2005, and 2006, as 
finalized in DEA's October 10, 2003 Final Rule (68 FR 58587), it is not 
necessary for DEA to increase the fees charged to registrants to cover 
the costs of the Firebird information system.

Correction of Publication

0
Accordingly, the Final Rule published October 10, 2003 is corrected as 
follows:
0
1. On page 58592, first column, lines 1 through 4, by striking the 
phrase ``; and a portion of the budget for DEA's agency-wide computer 
network, `Firebird', related to the work of the DCP''.

    Dated: June 2, 2004.
William J. Walker,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 04-14100 Filed 6-21-04; 8:45 am]

BILLING CODE 4410-09-P