Control of Immediate Precursor Used in the Illicit Manufacture of Fentanyl as Schedule II Controlled Substances; Correction, 2448-2449 [2019-01470]

Download as PDF 2448 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations (19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of 1982,7 violation, maximum from $184,767 to $189,427. (20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985,8 violation, maximum from $184,767 to $189,427. (21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of 1986 (1986); violation, minimum from $1,118 to $1,146; maximum from $11,181 to $11,463. (22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of 1992,9 violation, maximum from $184,767 to $189,427. (23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative Management Act,10 violation, maximum from $184,767 to $189,427. (24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation Act,11 violation, maximum from $184,767 to $189,427. (25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995 (1995), violation, maximum from $160,484 to $164,531. (26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act of 1995,12 violation, maximum from $184,767 to $189,427 (27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries Convention Implementation Act,13 violation, maximum from $184,767 to $189,427. (28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006,14 violation, maximum from $184,767 to $189,427. (29) 22 U.S.C. 1978(e), Fishermen’s Protective Act of 1967 (1971): (i) Violation, maximum from $28,520 to $29,239. (ii) Subsequent violation, maximum from $84,264 to $86,389. (30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980), violation, maximum, from $72,718 to $74,552. (31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980 (1980), violation, maximum from $72,718 to $74,552. (32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012,15 violation, maximum from $184,767 to $189,427. (33) 16 U.S.C. 7407(b), Port State Measures Agreement Act of 2015,16 violation, maximum from $184,767 to $189,427. 7 See footnote 1. footnote 1. 9 See footnote 1. 10 See footnote 1. 11 See footnote 1. 12 See footnote 1. 13 See footnote 1. 14 See footnote 1. 15See footnote 1. 16 See footnote 1. 8 See VerDate Sep<11>2014 15:51 Feb 06, 2019 (34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium Protection Act,17 violation, maximum from $184,767 to $189,427. (35) 16 U.S.C. 7705, Ensuring Access to Pacific Fisheries Act,18 violation, maximum from $184,767 to $189,427. (36) 16 U.S.C. 7805, Ensuring Access to Pacific Fisheries Act,19 violation, maximum from $184,767 to $189,427. § 6.4 Effective date of adjustments for inflation to civil monetary penalties. The Department of Commerce’s 2019 adjustments for inflation made by § 6.3, of the civil monetary penalties there specified, are effective on March 1, 2019, and said civil monetary penalties, as thus adjusted by the adjustments for inflation made by § 6.3, apply only to those civil monetary penalties, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new civil monetary penalty level, and before the effective date of any future adjustments for inflation to civil monetary penalties thereto made subsequent to March 1, 2019 as provided in § 6.5. § 6.5 Subsequent annual adjustments for inflation to civil monetary penalties. The Secretary of Commerce or his or her designee by regulation shall make subsequent adjustments for inflation to the Department of Commerce’s civil monetary penalties annually, which shall take effect not later than January 15, notwithstanding section 553 of title 5, United States Code. [FR Doc. 2019–00603 Filed 2–6–19; 8:45 am] BILLING CODE 3510–DP–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–305] Control of Immediate Precursor Used in the Illicit Manufacture of Fentanyl as Schedule II Controlled Substances; Correction Drug Enforcement Administration, Department of Justice. ACTION: Final rule. AGENCY: On June 29, 2010, the Drug Enforcement Administration (DEA) placed the fentanyl immediate precursor SUMMARY: 17 See footnote 1. footnote 1. 19 See footnote 1. 18 See Jkt 247001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 chemical ‘‘4-anilino-N-phenethyl-4piperidine,’’ (CASRN 21409–26–7) into Schedule II of the Controlled Substances Act. It has come to DEA’s attention that the drug name listed in the final rule contained a minor error and the drug name should have been ‘‘4-anilino-Nphenethylpiperidine (ANPP).’’ This document corrects that listing in the Code of Federal Regulations. Because this change is ministerial, the DEA has determined for good cause that public notice and comment is unnecessary under the Administrative Procedure Act (APA) and is implementing this change by means of a final rule without notice and comment. DATES: Effective February 7, 2019. FOR FURTHER INFORMATION CONTACT: Kathy L. Federico, Regulatory Drafting Section, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598–6812. On June 29, 2010, the DEA designated ANPP as an immediate precursor for the Schedule II controlled substance fentanyl under the definition set forth in 21 U.S.C. 802(23). 75 FR 37295 (Jun. 29, 2010). ANPP is the immediate chemical intermediary in the synthesis process used by clandestine laboratory operators for the illicit manufacture of the Schedule II controlled substance fentanyl. In the rulemaking, the DEA inadvertently introduced an error into the drug name. This rulemaking is intended to correct that ministerial error. Both the notice of proposed rulemaking and the final rule referenced the chemical name as ‘‘4-anilino-Nphenethyl-4-piperidine (ANPP)’’ and ‘‘CASRN 21409–26–7’’ (Chemical Abstract Service Registry Number).1 73 FR 19175, 19176 (Apr. 9, 2008); 75 FR 37295, 37296 (Jun. 29, 2010). While the abbreviation ANPP and the Chemical Abstract Service Registry Number 21409–26–7 correctly identified the compound, the name ‘‘4-anilino-Nphenethyl-4-piperidine’’ is incorrect and is without meaning. The correct SUPPLEMENTARY INFORMATION: 1 Chemical Abstract Service Registry Numbers are used to identify specific compounds. Chemicals are often identified by a wide variety of names, which are generated according to international/regional naming conventions relating to chemical formula and chemical structure. Chemical Abstract Service Registry Numbers link a specific chemical compound across various nomenclatures (naming schemes) and are useful in definitively identifying a particular compound. Synonymous names are under one CASRN number. E:\FR\FM\07FER1.SGM 07FER1 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations name is ‘‘4-anilino-Nphenethylpiperidine’’. There is no existing chemical compound named ‘‘4-anilino-Nphenethyl-4-piperidine.’’ While chemists understood which compound was being controlled by the DEA due to the abbreviation ANPP and specific CASRN number, DEA is now correcting the listing in the Code of Federal Regulations (CFR) by revising 21 CFR 1308.12 to provide the correct name. Administrative Procedure Act The Administrative Procedure Act (APA) generally requires that agencies, prior to issuing a new rule, publish a notice of proposed rulemaking in the Federal Register. The APA also provides, however, that agencies may be exempt from this requirement when ‘‘the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ 2 The name ‘‘4-anilino-N-phenethyl-4piperidine’’ is without meaning and no substance exists by that chemical name. The inclusion of the ‘‘-4’’ in the middle of the name is nonsensical. Because the correct Chemical Abstract Service Registry Number and abbreviation ‘‘ANPP’’ were given in the original rulemaking, chemists have understood which compound has been (and remains) controlled by DEA. There is no change as to what substance is controlled. Public notice and comment is thus unnecessary. For the same reasons that the DEA has determined that public notice and comment is unnecessary, the DEA also finds good cause to adopt an effective date that would be less than 30 days after the publication in the Federal Register pursuant to the APA. 5 U.S.C. 553(d). Accordingly, this amendment will be effective as of the date of publication in the Federal Register. 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, 21 CFR part 1308 is amended as follows: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for part 1308 continues to read as follows: ■ 25 U.S.C. 553(b)(B). VerDate Sep<11>2014 15:51 Feb 06, 2019 Jkt 247001 Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 2. Section 1308.12 is amended by revising paragraph (g)(3) to read as follows: ■ § 1308.12 Schedule II. * * * * * (g) * * * (3) Immediate precursor to fentanyl: (i) 4-anilino-N-phenethylpiperidine (ANPP) . . . . . . . . . 8333 (ii) [Reserved] Dated: December 14, 2018. Uttam Dhillon, Acting Administrator. [FR Doc. 2019–01470 Filed 2–6–19; 8:45 am] BILLING CODE 4410–09–P 2449 published in the Federal Register. 84 FR 138 (Jan. 18, 2019). Because the thirtieth day from January 18, 2019, falls on a non-business day, the effective date was set on the next business day of February 19, 2019. Dated: February 4, 2019. Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2019–01432 Filed 2–6–19; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 DEPARTMENT OF VETERANS AFFAIRS [EPA–R08–OAR–2018–0530; FRL–9987–96– Region 8] AGENCY: Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Motor Vehicle Inspection and Maintenance Program and Associated Revisions ACTION: AGENCY: 38 CFR Parts 3, 8, 14, 19, 20, and 21 VA Claims and Appeals Modernization Department of Veterans Affairs. Notification of effective date. The Department of Veterans Affairs (VA) is providing notice that the effective date of the new VA appeals system, outlined in the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), is February 19, 2019. DATES: The effective date of the new VA appeals system is February 19, 2019. FOR FURTHER INFORMATION CONTACT: Veterans Benefits Administration information, Jennifer Williams, Senior Management and Program Analyst, Appeals Management Office, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 530–9124 (this is not a tollfree number). Board of Veterans’ Appeals information: Rachel Sauter, Counsel for Legislation, Regulations, and Policy, Board of Veterans’ Appeals. Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 632–5555 (this is not a tollfree number). SUPPLEMENTARY INFORMATION: Pursuant to section 2(x)(6) of the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), the Department of Veterans Affairs (VA) is providing notice that the effective date of the new VA appeals system is February 19, 2019. The Secretary of Veterans Affairs transmitted to Congress the certification required under AMA section 2(x)(1) on January 18, 2019. On that same date, the final rule setting forth the implementing regulations was SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 Environmental Protection Agency (EPA). ACTION: Final rule. The Environmental Protection Agency (EPA) is approving two State Implementation Plan (SIP) revisions submitted by the State of Colorado. The revisions involve amendments to Colorado’s Regulation Number 11, ‘‘Motor Vehicle Emissions Inspection Program.’’ The revisions enhance the use of Regulation Number 11’s Clean Screen Program, allow self-inspecting vehicle fleets to use the On-Board Diagnostics (OBD) testing procedure, provide corrections to the Low Emitter Index (LEI) component of the Clean Screen Program, clarify existing provisions, correct administrative errors, delete obsolete language, establish inspection procedures for when emission control equipment tampering is detected, and make several other minor associated revisions. These actions are being taken under section 110 of the Clean Air Act (CAA). DATES: This final rule is effective on March 11, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2018–0530. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available (e.g., Confidential Business Information) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, SUMMARY: E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2448-2449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01470]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-305]


Control of Immediate Precursor Used in the Illicit Manufacture of 
Fentanyl as Schedule II Controlled Substances; Correction

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On June 29, 2010, the Drug Enforcement Administration (DEA) 
placed the fentanyl immediate precursor chemical ``4-anilino-N-
phenethyl-4-piperidine,'' (CASRN 21409-26-7) into Schedule II of the 
Controlled Substances Act. It has come to DEA's attention that the drug 
name listed in the final rule contained a minor error and the drug name 
should have been ``4-anilino-N-phenethylpiperidine (ANPP).'' This 
document corrects that listing in the Code of Federal Regulations. 
Because this change is ministerial, the DEA has determined for good 
cause that public notice and comment is unnecessary under the 
Administrative Procedure Act (APA) and is implementing this change by 
means of a final rule without notice and comment.

DATES: Effective February 7, 2019.

FOR FURTHER INFORMATION CONTACT: Kathy L. Federico, Regulatory Drafting 
Section, Diversion Control Division, Drug Enforcement Administration; 
Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; 
Telephone: (202) 598-6812.

SUPPLEMENTARY INFORMATION: On June 29, 2010, the DEA designated ANPP as 
an immediate precursor for the Schedule II controlled substance 
fentanyl under the definition set forth in 21 U.S.C. 802(23). 75 FR 
37295 (Jun. 29, 2010). ANPP is the immediate chemical intermediary in 
the synthesis process used by clandestine laboratory operators for the 
illicit manufacture of the Schedule II controlled substance fentanyl.
    In the rulemaking, the DEA inadvertently introduced an error into 
the drug name. This rulemaking is intended to correct that ministerial 
error.
    Both the notice of proposed rulemaking and the final rule 
referenced the chemical name as ``4-anilino-N-phenethyl-4-piperidine 
(ANPP)'' and ``CASRN 21409-26-7'' (Chemical Abstract Service Registry 
Number).\1\ 73 FR 19175, 19176 (Apr. 9, 2008); 75 FR 37295, 37296 (Jun. 
29, 2010). While the abbreviation ANPP and the Chemical Abstract 
Service Registry Number 21409-26-7 correctly identified the compound, 
the name ``4-anilino-N-phenethyl-4-piperidine'' is incorrect and is 
without meaning. The correct

[[Page 2449]]

name is ``4-anilino-N-phenethylpiperidine''.
---------------------------------------------------------------------------

    \1\ Chemical Abstract Service Registry Numbers are used to 
identify specific compounds. Chemicals are often identified by a 
wide variety of names, which are generated according to 
international/regional naming conventions relating to chemical 
formula and chemical structure. Chemical Abstract Service Registry 
Numbers link a specific chemical compound across various 
nomenclatures (naming schemes) and are useful in definitively 
identifying a particular compound. Synonymous names are under one 
CASRN number.
---------------------------------------------------------------------------

    There is no existing chemical compound named ``4-anilino-N-
phenethyl-4-piperidine.'' While chemists understood which compound was 
being controlled by the DEA due to the abbreviation ANPP and specific 
CASRN number, DEA is now correcting the listing in the Code of Federal 
Regulations (CFR) by revising 21 CFR 1308.12 to provide the correct 
name.

Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires that 
agencies, prior to issuing a new rule, publish a notice of proposed 
rulemaking in the Federal Register. The APA also provides, however, 
that agencies may be exempt from this requirement when ``the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefore in the rules issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' \2\
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------

    The name ``4-anilino-N-phenethyl-4-piperidine'' is without meaning 
and no substance exists by that chemical name. The inclusion of the ``-
4'' in the middle of the name is nonsensical. Because the correct 
Chemical Abstract Service Registry Number and abbreviation ``ANPP'' 
were given in the original rulemaking, chemists have understood which 
compound has been (and remains) controlled by DEA. There is no change 
as to what substance is controlled. Public notice and comment is thus 
unnecessary.
    For the same reasons that the DEA has determined that public notice 
and comment is unnecessary, the DEA also finds good cause to adopt an 
effective date that would be less than 30 days after the publication in 
the Federal Register pursuant to the APA. 5 U.S.C. 553(d). Accordingly, 
this amendment will be effective as of the date of publication in the 
Federal Register.

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, 21 CFR part 1308 is amended as 
follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
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.


0
2. Section 1308.12 is amended by revising paragraph (g)(3) to read as 
follows:


Sec.  1308.12  Schedule II.

* * * * *
    (g) * * *
    (3) Immediate precursor to fentanyl:
    (i) 4-anilino-N-phenethylpiperidine (ANPP) . . . . . . . . . 8333
    (ii) [Reserved]

    Dated: December 14, 2018.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019-01470 Filed 2-6-19; 8:45 am]
BILLING CODE 4410-09-P
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