Revisions to the Public Assistance Program and Policy Guide, 472-473 [2018-00044]
Download as PDF
<![CDATA[
472
Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations
date of this order to be in compliance
with all recordkeeping requirements.
7. Reports. All DEA registrants who
manufacture or distribute cyclopropyl
fentanyl must submit reports pursuant
to 21 U.S.C. 827 and in accordance with
21 CFR parts 1304 and 1312 as of
January 4, 2018.
8. Order Forms. All DEA registrants
who distribute cyclopropyl fentanyl
must comply with order form
requirements pursuant to 21 U.S.C. 828
and in accordance with 21 CFR part
1305 as of January 4, 2018.
9. Importation and Exportation. All
importation and exportation of
cyclopropyl fentanyl must be in
compliance with 21 U.S.C. 952, 953,
957, 958, and in accordance with 21
CFR part 1312 as of January 4, 2018.
10. Quota. Only DEA registered
manufacturers may manufacture
cyclopropyl fentanyl in accordance with
a quota assigned pursuant to 21 U.S.C.
826 and in accordance with 21 CFR part
1303 as of January 4, 2018.
11. Liability. Any activity involving
cyclopropyl fentanyl not authorized by,
or in violation of, the CSA, occurring as
of January 4, 2018, is unlawful, and may
subject the person to administrative,
civil, and/or criminal sanctions.
rmajette on DSKBCKNHB2PROD with RULES
Regulatory Matters
Section 201(h) of the CSA, 21 U.S.C.
811(h), provides for a temporary
scheduling action where such action is
necessary to avoid an imminent hazard
to the public safety. As provided in this
subsection, the Attorney General may,
by order, schedule a substance in
schedule I on a temporary basis. Such
an order may not be issued before the
expiration of 30 days from (1) the
publication of a notice in the Federal
Register of the intention to issue such
order and the grounds upon which such
order is to be issued, and (2) the date
that notice of the proposed temporary
scheduling order is transmitted to the
Assistant Secretary. 21 U.S.C. 811(h)(1).
Inasmuch as section 201(h) of the
CSA directs that temporary scheduling
actions be issued by order and sets forth
the procedures by which such orders are
to be issued, the DEA believes that the
notice and comment requirements of the
Administrative Procedure Act (APA) at
5 U.S.C. 553, do not apply to this
temporary scheduling action. In the
alternative, even assuming that this
action might be subject to 5 U.S.C. 553,
the Administrator finds that there is
good cause to forgo the notice and
comment requirements of 5 U.S.C. 553,
as any further delays in the process for
issuance of temporary scheduling orders
would be contrary to the public interest
VerDate Sep<11>2014
14:53 Jan 03, 2018
Jkt 244001
in view of the manifest urgency to avoid
an imminent hazard to the public safety.
Further, the DEA believes that this
temporary scheduling action is not a
‘‘rule’’ as defined by 5 U.S.C. 601(2),
and, accordingly, is not subject to the
requirements of the Regulatory
Flexibility Act. The requirements for the
preparation of an initial regulatory
flexibility analysis in 5 U.S.C. 603(a) are
not applicable where, as here, the DEA
is not required by the APA or any other
law to publish a general notice of
proposed rulemaking.
Additionally, this action is not a
significant regulatory action as defined
by Executive Order 12866 (Regulatory
Planning and Review), section 3(f), and,
accordingly, this action has not been
reviewed by the Office of Management
and Budget (OMB).
This action will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132
(Federalism) it is determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
As noted above, this action is an
order, not a rule. Accordingly, the
Congressional Review Act (CRA) is
inapplicable, as it applies only to rules.
However, if this were a rule, pursuant
to the Congressional Review Act, ‘‘any
rule for which an agency for good cause
finds that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest, shall
take effect at such time as the federal
agency promulgating the rule
determines.’’ 5 U.S.C. 808(2). It is in the
public interest to schedule this
substance immediately to avoid an
imminent hazard to the public safety.
This temporary scheduling action is
taken pursuant to 21 U.S.C. 811(h),
which is specifically designed to enable
the DEA to act in an expeditious manner
to avoid an imminent hazard to the
public safety. 21 U.S.C. 811(h) exempts
the temporary scheduling order from
standard notice and comment
rulemaking procedures to ensure that
the process moves swiftly. For the same
reasons that underlie 21 U.S.C. 811(h),
that is, the DEA’s need to move quickly
to place this substance in schedule I
because it poses an imminent hazard to
the public safety, it would be contrary
to the public interest to delay
implementation of the temporary
scheduling order. Therefore, this order
shall take effect immediately upon its
publication. The DEA has submitted a
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
copy of this temporary order to both
Houses of Congress and to the
Comptroller General, although such
filing is not required under the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Congressional
Review Act), 5 U.S.C. 801–808 because,
as noted above, this action is an order,
not a rule.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, the DEA
amends 21 CFR part 1308 as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
2. In § 1308.11, add paragraph (h)(22)
to read as follows:
■
§ 1308.11
Schedule I.
*
*
*
*
*
(h) * * *
(22) N-(1-phenethylpiperidin-4-yl)-Nphenylcyclopropanecarboxamide, its
isomers, esters, ethers, salts and salts of
isomers, esters and ethers (Other name:
cyclopropyl fentanyl). . . . . . . . . . . .(9845)
Dated: December 28, 2017.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2017–28470 Filed 1–3–18; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Chapter I
[Docket ID FEMA–2016–0022]
Revisions to the Public Assistance
Program and Policy Guide
Federal Emergency
Management Agency, DHS.
ACTION: Notification of availability.
AGENCY:
This document provides
notice of the availability of the final
policy Public Assistance Program and
Policy Guide (PAPPG).
DATES: FEMA applies the revisions in
this policy to incidents declared on or
after August 23, 2017, or to any
application for assistance that, as of
January 1, 2018 is pending before
SUMMARY:
E:\FR\FM\04JAR1.SGM
04JAR1
Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations
rmajette on DSKBCKNHB2PROD with RULES
FEMA, or to any application for
assistance that has been denied, where
a challenge to that denial is not yet
finally resolved as of January 1, 2018.
ADDRESSES: This final policy is available
online at https://www.regulations.gov
and on FEMA’s website at https://
www.fema.gov. The final policy and
supporting documents are available at
https://www.regulations.gov under
docket ID FEMA–2016–0022. You may
also view a hard copy of the final policy
at the Office of Chief Counsel, Federal
Emergency Management Agency, 8NE,
500 C Street SW, Washington, DC
20472.
VerDate Sep<11>2014
14:53 Jan 03, 2018
Jkt 244001
FOR FURTHER INFORMATION CONTACT:
Christopher Logan, Division Director,
Public Assistance, 202–786–0816.
SUPPLEMENTARY INFORMATION: This
document announces the availability of
the Third Edition of the Public
Assistance Program and Policy Guide
(PAPPG). The Third Edition revises a
statutory and regulatory interpretation
related to the eligibility of certain
private nonprofit facilities for Public
Assistance (PA) under 42 U.S.C. 5172,
42 U.S.C. 5122(11), and 44 CFR 206.221.
Specifically, Third Edition clarifies that
private nonprofit houses of worship will
not be singled out for disfavored
PO 00000
Frm 00011
Fmt 4700
Sfmt 9990
473
treatment within the ‘‘community
centers’’ subcategory of PA nonprofit
applicants. Further discussion regarding
these revisions is contained in the
Foreword to the PAPPG.
This final policy does not have the
force or effect of law.
Authority: 42 U.S.C. 5121 et seq.
Dated: January 2, 2018.
Brock Long,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2018–00044 Filed 1–2–18; 4:45 pm]
BILLING CODE 9111–23–P
E:\FR\FM\04JAR1.SGM
04JAR1
]]>Agencies
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Rules and Regulations]
[Pages 472-473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00044]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Chapter I
[Docket ID FEMA-2016-0022]
Revisions to the Public Assistance Program and Policy Guide
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notification of availability.
-----------------------------------------------------------------------
SUMMARY: This document provides notice of the availability of the final
policy Public Assistance Program and Policy Guide (PAPPG).
DATES: FEMA applies the revisions in this policy to incidents declared
on or after August 23, 2017, or to any application for assistance that,
as of January 1, 2018 is pending before
[[Page 473]]
FEMA, or to any application for assistance that has been denied, where
a challenge to that denial is not yet finally resolved as of January 1,
2018.
ADDRESSES: This final policy is available online at https://www.regulations.gov and on FEMA's website at https://www.fema.gov. The
final policy and supporting documents are available at https://www.regulations.gov under docket ID FEMA-2016-0022. You may also view a
hard copy of the final policy at the Office of Chief Counsel, Federal
Emergency Management Agency, 8NE, 500 C Street SW, Washington, DC
20472.
FOR FURTHER INFORMATION CONTACT: Christopher Logan, Division Director,
Public Assistance, 202-786-0816.
SUPPLEMENTARY INFORMATION: This document announces the availability of
the Third Edition of the Public Assistance Program and Policy Guide
(PAPPG). The Third Edition revises a statutory and regulatory
interpretation related to the eligibility of certain private nonprofit
facilities for Public Assistance (PA) under 42 U.S.C. 5172, 42 U.S.C.
5122(11), and 44 CFR 206.221. Specifically, Third Edition clarifies
that private nonprofit houses of worship will not be singled out for
disfavored treatment within the ``community centers'' subcategory of PA
nonprofit applicants. Further discussion regarding these revisions is
contained in the Foreword to the PAPPG.
This final policy does not have the force or effect of law.
Authority: 42 U.S.C. 5121 et seq.
Dated: January 2, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-00044 Filed 1-2-18; 4:45 pm]
BILLING CODE 9111-23-P
