Schedules of Controlled Substances: Placement of Furanyl Fentanyl, 4-Fluoroisobutyryl Fentanyl, Acryl Fentanyl, Tetrahydrofuranyl Fentanyl, and Ocfentanil in Schedule I; Correction, 20023 [2019-09477]

Download as PDF Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Rules and Regulations Issued in Des Moines, Washington, on May 2, 2019. Victor Wicklund, Manager, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2019–09398 Filed 5–7–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–490] Schedules of Controlled Substances: Placement of Furanyl Fentanyl, 4Fluoroisobutyryl Fentanyl, Acryl Fentanyl, Tetrahydrofuranyl Fentanyl, and Ocfentanil in Schedule I; Correction Drug Enforcement Administration, Department of Justice. ACTION: Final rule; correcting amendment. AGENCY: The Drug Enforcement Administration is correcting a final order that appeared in the Federal Register on November 29, 2018. The document issued an action maintaining the placement of furanyl fentanyl, 4fluoroisobutyryl fentanyl, acryl fentanyl, tetrahydrofuranyl fentanyl, and ocfentanil, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, in schedule I of the Controlled Substances Act. A drafting oversight in the amendatory instructions did not correctly update the prefatory language on isomers to reflect the change in the paragraph number for the designation of 3-methylthiofentanyl. DATES: Effective Date: May 8, 2019. FOR FURTHER INFORMATION CONTACT: Lynnette M. Wingert, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598–6812. SUPPLEMENTARY INFORMATION: On May 29, 1987, the Drug Enforcement Administration (DEA) placed six substances, including 3methylthiofentanyl, into schedule I of the Controlled Substances Act. 52 FR 20070. At that time, the introductory text was revised to clearly indicate that optical and geometric isomers of 3methylthiofentanyl were controlled. On January 8, 1988, paragraph (b)(34), the listing for 3-methylthiofentanyl, was redesignated to (b)(35), but the introductory text was not revised. 53 FR 500. On May 16, 2016, paragraph khammond on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:14 May 07, 2019 Jkt 247001 (b)(35), the listing for 3methylthiofentanyl, was redesignated to (b)(36), but the introductory text was not revised. 81 FR 22023. On June 7, 2017, paragraph (b)(36), the listing for 3methylthiofentanyl, was redesignated to (b)(37), but the introductory text was not revised. 82 FR 26349. On April 20, 2018, paragraph (b)(37), the listing for 3methylthiofentanyl, was redesignated to (b)(38), but the introductory text was not revised. 83 FR 17486. On November 29, 2018, paragraph (b)(38), the listing for 3methylthiofentanyl, was redesignated to (b)(41), the present listing for 3methylthiofentanyl, and a further error was introduced by modifying the reference to (b)(34) in the preamble to (b)(39), due to a drafting fault. 83 FR 61320. Previously, the prefatory language has identified 3-methylthiofentanyl by paragraph number. However, the paragraph numbers have changed frequently over time, as new substances are identified and added to the list of schedule I substances in § 1308.11(b). In order to avoid similar oversights or confusion in the future, this correction changes the designation to reference 3methylthiofentanyl by name rather than by paragraph number. Because this final rule is limited to a technical correction for accuracy and does not substantively alter any regulation, and is therefore insignificant in nature and impact, and inconsequential to the public, the Agency finds good cause that notice and public procedure are unnecessary to the promulgation of this correction. 5 U.S.C. 553(b)(B). The Agency also finds that this technical correction merely clarifies or explains the existing regulation and is therefore an interpretive rule that does not require notice and comment rulemaking. 5 U.S.C. 553(b)(A); see also Reno-Sparks Indian Colony v. EPA, 336 F.3d 899, 909–10 (9th Cir. 2003) (stating that a Technical Correction ‘‘was interpretive because it does not change existing substantive law’’ and thus could be promulgated ‘‘by foregoing notice and comment procedures’’). Because, as described above, this final rule is limited to a technical correction for accuracy and does not substantively alter any regulation, and is therefore insignificant in nature and impact, and inconsequential to the public, the Agency finds good cause to make this final rule effective upon the date of publication and to forego thirty days prior notice. See 5 U.S.C. 553(d)(3). In addition, pursuant to 5 U.S.C. 553(d)(2), interpretive rules do not require thirty days prior notice before they may become effective. Therefore, because this technical correction is an PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 20023 interpretive rule, it may be made effective immediately. 5 U.S.C. 553(d)(2). 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: ■ Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 2. Revise the introductory text of § 1308.11(b) to read as follows: ■ § 1308.11 Schedule I. * * * * * (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation (for purposes of 3methylthiofentanyl only, the term isomer includes the optical and geometric isomers): * * * * * Dated: May 3, 2019. Uttam Dhillon, Acting Administrator. [FR Doc. 2019–09477 Filed 5–7–19; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–484] Schedules of Controlled Substances: Placement of beta-Hydroxythiofentanyl in Schedule I Drug Enforcement Administration, Department of Justice. ACTION: Final rule. AGENCY: With the issuance of this final rule, the Drug Enforcement Administration places betahydroxythiofentanyl (N-[1-[2-hydroxy-2(thiophen-2-yl)ethyl]piperidin-4-yl]-Nphenylpropionamide), also known as N[1-[2-hydroxy-2-(2-thienyl)ethyl]-4piperidinyl]-N-phenyl-propanamide, including its isomers, esters, ethers, SUMMARY: E:\FR\FM\08MYR1.SGM 08MYR1

Agencies

[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Rules and Regulations]
[Page 20023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09477]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-490]


Schedules of Controlled Substances: Placement of Furanyl 
Fentanyl, 4-Fluoroisobutyryl Fentanyl, Acryl Fentanyl, 
Tetrahydrofuranyl Fentanyl, and Ocfentanil in Schedule I; Correction

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule; correcting amendment.

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

SUMMARY: The Drug Enforcement Administration is correcting a final 
order that appeared in the Federal Register on November 29, 2018. The 
document issued an action maintaining the placement of furanyl 
fentanyl, 4-fluoroisobutyryl fentanyl, acryl fentanyl, 
tetrahydrofuranyl fentanyl, and ocfentanil, including their isomers, 
esters, ethers, salts, and salts of isomers, esters and ethers, in 
schedule I of the Controlled Substances Act. A drafting oversight in 
the amendatory instructions did not correctly update the prefatory 
language on isomers to reflect the change in the paragraph number for 
the designation of 3-methylthiofentanyl.

DATES: Effective Date: May 8, 2019.

FOR FURTHER INFORMATION CONTACT: Lynnette M. Wingert, Diversion Control 
Division, Drug Enforcement Administration; Mailing Address: 8701 
Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-
6812.

SUPPLEMENTARY INFORMATION: On May 29, 1987, the Drug Enforcement 
Administration (DEA) placed six substances, including 3-
methylthiofentanyl, into schedule I of the Controlled Substances Act. 
52 FR 20070. At that time, the introductory text was revised to clearly 
indicate that optical and geometric isomers of 3-methylthiofentanyl 
were controlled. On January 8, 1988, paragraph (b)(34), the listing for 
3-methylthiofentanyl, was redesignated to (b)(35), but the introductory 
text was not revised. 53 FR 500. On May 16, 2016, paragraph (b)(35), 
the listing for 3-methylthiofentanyl, was redesignated to (b)(36), but 
the introductory text was not revised. 81 FR 22023. On June 7, 2017, 
paragraph (b)(36), the listing for 3-methylthiofentanyl, was 
redesignated to (b)(37), but the introductory text was not revised. 82 
FR 26349. On April 20, 2018, paragraph (b)(37), the listing for 3-
methylthiofentanyl, was redesignated to (b)(38), but the introductory 
text was not revised. 83 FR 17486. On November 29, 2018, paragraph 
(b)(38), the listing for 3-methylthiofentanyl, was redesignated to 
(b)(41), the present listing for 3-methylthiofentanyl, and a further 
error was introduced by modifying the reference to (b)(34) in the 
preamble to (b)(39), due to a drafting fault. 83 FR 61320.
    Previously, the prefatory language has identified 3-
methylthiofentanyl by paragraph number. However, the paragraph numbers 
have changed frequently over time, as new substances are identified and 
added to the list of schedule I substances in Sec.  1308.11(b). In 
order to avoid similar oversights or confusion in the future, this 
correction changes the designation to reference 3-methylthiofentanyl by 
name rather than by paragraph number.
    Because this final rule is limited to a technical correction for 
accuracy and does not substantively alter any regulation, and is 
therefore insignificant in nature and impact, and inconsequential to 
the public, the Agency finds good cause that notice and public 
procedure are unnecessary to the promulgation of this correction. 5 
U.S.C. 553(b)(B). The Agency also finds that this technical correction 
merely clarifies or explains the existing regulation and is therefore 
an interpretive rule that does not require notice and comment 
rulemaking. 5 U.S.C. 553(b)(A); see also Reno-Sparks Indian Colony v. 
EPA, 336 F.3d 899, 909-10 (9th Cir. 2003) (stating that a Technical 
Correction ``was interpretive because it does not change existing 
substantive law'' and thus could be promulgated ``by foregoing notice 
and comment procedures'').
    Because, as described above, this final rule is limited to a 
technical correction for accuracy and does not substantively alter any 
regulation, and is therefore insignificant in nature and impact, and 
inconsequential to the public, the Agency finds good cause to make this 
final rule effective upon the date of publication and to forego thirty 
days prior notice. See 5 U.S.C. 553(d)(3). In addition, pursuant to 5 
U.S.C. 553(d)(2), interpretive rules do not require thirty days prior 
notice before they may become effective. Therefore, because this 
technical correction is an interpretive rule, it may be made effective 
immediately. 5 U.S.C. 553(d)(2).

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. Revise the introductory text of Sec.  1308.11(b) to read as follows:


Sec.  1308.11  Schedule I.

* * * * *
    (b) Opiates. Unless specifically excepted or unless listed in 
another schedule, any of the following opiates, including their 
isomers, esters, ethers, salts, and salts of isomers, esters and 
ethers, whenever the existence of such isomers, esters, ethers and 
salts is possible within the specific chemical designation (for 
purposes of 3-methylthiofentanyl only, the term isomer includes the 
optical and geometric isomers):
* * * * *

    Dated: May 3, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019-09477 Filed 5-7-19; 8:45 am]
 BILLING CODE 4410-09-P

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