Schedules of Controlled Substances: Extension of Temporary Placement of FUB-AMB in Schedule I of the Controlled Substances Act, 58045-58047 [2019-23372]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations
*
*
*
*
Temporary rule; temporary
scheduling order; extension.
ACTION:
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019–23505 Filed 10–29–19; 8:45 am]
BILLING CODE 6750–01–C
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–472a]
Schedules of Controlled Substances:
Extension of Temporary Placement of
FUB-AMB in Schedule I of the
Controlled Substances Act
Drug Enforcement
Administration, Department of Justice.
AGENCY:
VerDate Sep<11>2014
15:59 Oct 29, 2019
Jkt 250001
The Acting Administrator of
the Drug Enforcement Administration is
issuing this temporary scheduling order
to extend the temporary schedule I
status of a synthetic cannabinoid,
methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3methylbutanoate (other names: FUBAMB, MMB-FUBINACA, AMBFUBINACA), including its optical,
positional and geometric isomers, salts,
and salts of isomers. The schedule I
status of FUB-AMB currently is in effect
until November 4, 2019. This temporary
order will extend the temporary
scheduling of FUB-AMB for one year, or
until the permanent scheduling action
for this substance is completed,
whichever occurs first.
DATES: This temporary scheduling
order, which extends the order (82 FR
51154, November 3, 2017), is effective
SUMMARY:
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
November 3, 2019 and expires on
November 3, 2020. If the Drug
Enforcement Administration publishes a
final rule making this scheduling action
permanent, this order will expire on the
effective date of that rule, if the effective
date is earlier than November 3, 2020.
FOR FURTHER INFORMATION CONTACT:
Scott Brinks, Diversion Control
Division, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (571) 362–8209.
SUPPLEMENTARY INFORMATION:
Background and Legal Authority
On November 3, 2017, the Acting
Administrator of the Drug Enforcement
Administration (DEA) published a
temporary scheduling order in the
Federal Register (82 FR 51154) placing
methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3methylbutanoate (other names: FUB-
E:\FR\FM\30OCR1.SGM
30OCR1
ER30OC19.010</GPH>
*
58045
58046
Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations
AMB, MMB-FUBINACA, AMBFUBINACA), a synthetic cannabinoid
(SC) substance, in schedule I of the
Controlled Substances Act (CSA)
pursuant to the temporary scheduling
provisions of 21 U.S.C. 811(h). That
order was effective on the date of
publication, and was based on findings
by the Acting Administrator of the DEA
that the temporary scheduling of this SC
was necessary to avoid an imminent
hazard to the public safety pursuant to
21 U.S.C. 811(h)(1). Section 201(h)(2) of
the CSA, 21 U.S.C. 811(h)(2), requires
that the temporary control of this
substance expires two years from the
effective date of the scheduling order, or
on November 3, 2019. However, the
CSA also provides that during the
pendency of proceedings under 21
U.S.C. 811(a)(1) with respect to the
substance, the temporary scheduling 1 of
that substance could be extended for up
to one year. Proceedings for the
scheduling of a substance under 21
U.S.C. 811(a) may be initiated by the
Attorney General (delegated to the
Administrator of the DEA pursuant to
28 CFR 0.100) on his own motion, at the
request of the Secretary of Health and
Human Services (HHS),2 or on the
petition of any interested party.
The Acting Administrator of the DEA
(Acting Administrator), on his own
motion pursuant to 21 U.S.C. 811(a), has
initiated proceedings under 21 U.S.C.
811(a)(1) to permanently schedule FUBAMB. The DEA has gathered and
reviewed the available information
regarding the pharmacology, chemistry,
trafficking, actual abuse, pattern of
abuse, and the relative potential for
abuse for this SC. On March 9, 2018, the
DEA submitted a request to the HHS to
provide the DEA with a scientific and
medical evaluation of available
information and a scheduling
recommendation for FUB-AMB, and in
accordance with 21 U.S.C. 811(b) and
(c). Upon evaluating the scientific and
medical evidence, on September 19,
2019, the HHS submitted to the Acting
Administrator of the DEA its scientific
and medical evaluation and a
scheduling recommendation for FUBAMB. Upon receipt of the scientific and
1 Though DEA has used the term ‘‘final order’’
with respect to temporary scheduling orders in the
past, this document adheres to the statutory
language of 21 U.S.C. 811(h), which refers to a
‘‘temporary scheduling order.’’ No substantive
change is intended.
2 Because the Secretary of the Department of
Health and Human Services (HHS) has delegated to
the Assistant Secretary for Health of the HHS the
authority to make domestic drug scheduling
recommendations, for purposes of this temporary
scheduling order, all subsequent references to
‘‘Secretary’’ have been replaced with ‘‘Assistant
Secretary.’’
VerDate Sep<11>2014
15:59 Oct 29, 2019
Jkt 250001
medical evaluation and scheduling
recommendation from the HHS, the
DEA reviewed the documents and all
other relevant data, and conducted its
own eight-factor analysis of the abuse
potential of FUB-AMB in accordance
with 21 U.S.C. 811(c). The DEA
published a notice of proposed
rulemaking for the placement of FUBAMB in schedule I elsewhere in this
issue of the Federal Register. If the
scheduling of this substance is made
permanent, the DEA will publish a final
rule in the Federal Register.
Pursuant to 21 U.S.C. 811(h)(2), the
Acting Administrator orders that the
temporary scheduling of FUB-AMB,
including its optical, positional and
geometric isomers, salts, and salts of
isomers, be extended for one year, or
until the permanent scheduling
proceeding is completed, whichever
occurs first.
In accordance with the temporary
scheduling order in this document, the
schedule I requirements for handling
FUB-AMB, including its optical,
positional and geometric isomers, salts,
and salts of isomers, will remain in
effect for one year, or until the
permanent scheduling proceeding is
completed, whichever occurs first.
Regulatory Matters
The CSA provides for an expedited
temporary scheduling action where
such action is necessary to avoid an
imminent hazard to the public safety. 21
U.S.C. 811(h). The Attorney General
may, by order, schedule a substance in
schedule I on a temporary basis. Id. 21
U.S.C. 811(h) also provides that the
temporary scheduling of a substance
shall expire at the end of two years from
the date of the issuance of the order
scheduling such substance, except that
the Attorney General may, during the
pendency of proceedings to
permanently schedule the substance,
extend the temporary scheduling for up
to one year.
To the extent that 21 U.S.C. 811(h)
directs that temporary scheduling
actions be issued by order and sets forth
the procedures by which such orders are
to be issued and extended, the DEA
believes that the notice and comment
requirements of section 553 of the
Administrative Procedure Act (APA), 5
U.S.C. 553, do not apply to this
extension of the temporary scheduling
action. In the alternative, even assuming
that this action might be subject to
section 553 of the APA, the Acting
Administrator finds that there is good
cause to forgo the notice and comment
requirements of section 553, as any
further delays in the process for
extending the temporary scheduling
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
order would be impracticable and
contrary to the public interest in view
of the manifest urgency to avoid an
imminent hazard to the public safety.
Further, the DEA believes that this order
extending the 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 (RFA). 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
section 553 of 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 CRA, ‘‘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 maintain the temporary placement of
FUB-AMB in schedule I because it poses
a public health risk. The temporary
scheduling action was 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.
Under 21 U.S.C. 811(h), temporary
scheduling orders are not subject to
notice and comment rulemaking
procedures. The DEA understands that
the CSA frames temporary scheduling
actions as orders rather than rules to
ensure that the process moves swiftly,
and this extension of the temporary
scheduling order continues to serve that
purpose. For the same reasons that
underlie 21 U.S.C. 811(h), that is, the
need to place this substance in schedule
E:\FR\FM\30OCR1.SGM
30OCR1
Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations
I because it poses an imminent hazard
to public safety, it would be contrary to
the public interest to delay
implementation of this extension of the
temporary scheduling order. Therefore,
in accordance with section 808(2) of the
CRA, this order extending the temporary
scheduling order shall take effect
immediately upon its publication. The
DEA has submitted a copy of this
temporary scheduling order to both
Houses of Congress and to the
Comptroller General, although such
filing is not required under the
Congressional Review Act, 5 U.S.C.
801–808, because, as noted above, this
action is an order, not a rule.
Dated: October 21, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019–23372 Filed 10–29–19; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–036–FOR; Docket No. OSM–
2017–0001; S1D1S SS08011000; SX064A000
201S180110; S2D2S SS08011000
SX064A000 20XS501520]
Montana Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
The Office of Surface Mining
Reclamation and Enforcement (OSMRE)
is approving an amendment to the
Montana coal regulatory program (the
Montana program or the State program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). The proposed changes to the
Montana program are in response to a
2011 state legislative change, which
enacted a new State statutory provision
under the Montana Strip and
Underground Mine Reclamation Act
(MSUMRA). The statutory change,
directs the State Board to adopt rules
governing underground mining that
uses in situ coal gasification. Montana
proposes to revise its State program to
incorporate the addition and proposes
changes to the Administrative Rules of
Montana (ARM) pertaining to the
regulation of in situ coal gasification
operations.
SUMMARY:
The effective date is November
29, 2019.
DATES:
VerDate Sep<11>2014
15:59 Oct 29, 2019
Jkt 250001
58047
FOR FURTHER INFORMATION CONTACT:
III. OSMRE’s Findings
Howard Strand, Office of Surface
Mining Reclamation and Enforcement,
1999 Broadway, Suite 3320, Denver, CO
80202, Telephone: (303) 293–5026,
Email: hstrand@osmre.gov.
SUPPLEMENTARY INFORMATION:
Following is a summary of the
proposed statutory and rule changes
submitted by Montana, as well as
OSMRE’s findings concerning
Montana’s amendment under SMCRA
and the Federal regulations at 30 CFR
732.15 and 732.17. For the reasons
discussed below, we are approving the
amendment.
I. Background on the Montana Program
II. Submission of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
VI. Procedural Determinations
I. Background on the Montana Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. See 30
U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the
Interior conditionally approved the
Montana program on April 1, 1980. You
can find background information on the
Montana program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
in the April 1, 1980, Federal Register
(45 FR 21560). You can also find later
actions concerning Montana’s program
and program amendments at 30 CFR
926.12, 926.15, 926.16, and 926.30.
II. Submission of the Amendment
By letter dated February 27, 2017
(Document ID No. OSM–2017–0001–
0002), Montana sent us a proposed
amendment to its State program under
SMCRA (30 U.S.C. 1201 et seq.). The
proposed changes were submitted in
response to Montana Senate Bill 292 (SB
292), enacted by the Montana
Legislature in 2011, and subsequently
codified within MSUMRA at Montana
Code Annotated (Mont. Code Ann.) sec.
82–4–207. Montana proposes to amend
its State program to incorporate the
statutory change at Mont. Code Ann.
sec. 82–4–207 and it also proposes
amendments to its rules.
We announced receipt of the
proposed amendment in the May 8,
2018, Federal Register (83 FR 20773)
(Document ID No. OSM–2017–0001–
0001). In the same document, we
opened the public comment period and
provided an opportunity for a public
hearing or meeting on the adequacy of
the amendment. We did not hold a
public hearing or meeting because none
were requested. The public comment
period ended on June 7, 2018.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
A. Mont. Code Ann. Sec. 82–4–207—
Rulemaking—In Situ Coal Gasification
Montana proposes to add Mont. Code
Ann. sec. 82–4–207 under MSUMRA.
Subsection (1) of Mont. Code Ann. sec.
82–4–207 directs the Montana Board of
Environmental Review (BER) to adopt
rules necessary to regulate underground
mining that uses in situ coal gasification
operations under the Montana program.
The new statutory provision
additionally states that the BER may not
adopt rules specific to in situ
gasification that are more stringent than
the comparable Federal regulations or
guidelines that address the same
circumstances. Mont. Code Ann. sec.
82–4–207(2). Subsection (3) of the
statutory provision relates to rule
processing.
The proposed Montana statute, at
Mont. Code Ann. sec. 82–4–207,
provides the necessary statutory
authority to allow the BER to adopt
rules to regulate underground mining
using in situ coal gasification. Because
in situ coal processing is an activity
regulated under SMCRA’s implementing
regulations, at 30 CFR 785.22 and 30
CFR part 828, we find Mont. Code Ann.
sec. 82–4–207 to be consistent with
SMCRA and the Federal regulations.
Under section 503(a)(7) of SMCRA,
State programs must be capable of
carrying out the provisions of SMCRA
and meeting the Act’s purposes through
rules consistent with the Federal
regulations implemented under the Act.
Mont. Code Ann. sec. 82–4–207 simply
allows the State to proceed with
rulemaking specific to in situ coal
gasification, an activity already
approved as part of Montana’s existing
program. This statutory provision is
therefore consistent with SMCRA and
the Federal regulations.
Regarding subsection (2) of the
statutory provision, SMCRA sections
503 and 505, and the Federal
regulations at 30 CFR 730.5, establish
the criteria for approval of State SMCRA
programs. A State program must set
forth requirements that satisfy the
Federal minimum standards and must
include provisions that are no less
stringent than SMCRA and no less
effective than the Federal regulations.
E:\FR\FM\30OCR1.SGM
30OCR1
]]>Agencies
[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Rules and Regulations]
[Pages 58045-58047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23372]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-472a]
Schedules of Controlled Substances: Extension of Temporary
Placement of FUB-AMB in Schedule I of the Controlled Substances Act
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Temporary rule; temporary scheduling order; extension.
-----------------------------------------------------------------------
SUMMARY: The Acting Administrator of the Drug Enforcement
Administration is issuing this temporary scheduling order to extend the
temporary schedule I status of a synthetic cannabinoid, methyl 2-(1-(4-
fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (other
names: FUB-AMB, MMB-FUBINACA, AMB-FUBINACA), including its optical,
positional and geometric isomers, salts, and salts of isomers. The
schedule I status of FUB-AMB currently is in effect until November 4,
2019. This temporary order will extend the temporary scheduling of FUB-
AMB for one year, or until the permanent scheduling action for this
substance is completed, whichever occurs first.
DATES: This temporary scheduling order, which extends the order (82 FR
51154, November 3, 2017), is effective November 3, 2019 and expires on
November 3, 2020. If the Drug Enforcement Administration publishes a
final rule making this scheduling action permanent, this order will
expire on the effective date of that rule, if the effective date is
earlier than November 3, 2020.
FOR FURTHER INFORMATION CONTACT: Scott Brinks, Diversion Control
Division, Drug Enforcement Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia 22152; Telephone: (571) 362-
8209.
SUPPLEMENTARY INFORMATION:
Background and Legal Authority
On November 3, 2017, the Acting Administrator of the Drug
Enforcement Administration (DEA) published a temporary scheduling order
in the Federal Register (82 FR 51154) placing methyl 2-(1-(4-
fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (other
names: FUB-
[[Page 58046]]
AMB, MMB-FUBINACA, AMB-FUBINACA), a synthetic cannabinoid (SC)
substance, in schedule I of the Controlled Substances Act (CSA)
pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h).
That order was effective on the date of publication, and was based on
findings by the Acting Administrator of the DEA that the temporary
scheduling of this SC was necessary to avoid an imminent hazard to the
public safety pursuant to 21 U.S.C. 811(h)(1). Section 201(h)(2) of the
CSA, 21 U.S.C. 811(h)(2), requires that the temporary control of this
substance expires two years from the effective date of the scheduling
order, or on November 3, 2019. However, the CSA also provides that
during the pendency of proceedings under 21 U.S.C. 811(a)(1) with
respect to the substance, the temporary scheduling \1\ of that
substance could be extended for up to one year. Proceedings for the
scheduling of a substance under 21 U.S.C. 811(a) may be initiated by
the Attorney General (delegated to the Administrator of the DEA
pursuant to 28 CFR 0.100) on his own motion, at the request of the
Secretary of Health and Human Services (HHS),\2\ or on the petition of
any interested party.
---------------------------------------------------------------------------
\1\ Though DEA has used the term ``final order'' with respect to
temporary scheduling orders in the past, this document adheres to
the statutory language of 21 U.S.C. 811(h), which refers to a
``temporary scheduling order.'' No substantive change is intended.
\2\ Because the Secretary of the Department of Health and Human
Services (HHS) has delegated to the Assistant Secretary for Health
of the HHS the authority to make domestic drug scheduling
recommendations, for purposes of this temporary scheduling order,
all subsequent references to ``Secretary'' have been replaced with
``Assistant Secretary.''
---------------------------------------------------------------------------
The Acting Administrator of the DEA (Acting Administrator), on his
own motion pursuant to 21 U.S.C. 811(a), has initiated proceedings
under 21 U.S.C. 811(a)(1) to permanently schedule FUB-AMB. The DEA has
gathered and reviewed the available information regarding the
pharmacology, chemistry, trafficking, actual abuse, pattern of abuse,
and the relative potential for abuse for this SC. On March 9, 2018, the
DEA submitted a request to the HHS to provide the DEA with a scientific
and medical evaluation of available information and a scheduling
recommendation for FUB-AMB, and in accordance with 21 U.S.C. 811(b) and
(c). Upon evaluating the scientific and medical evidence, on September
19, 2019, the HHS submitted to the Acting Administrator of the DEA its
scientific and medical evaluation and a scheduling recommendation for
FUB-AMB. Upon receipt of the scientific and medical evaluation and
scheduling recommendation from the HHS, the DEA reviewed the documents
and all other relevant data, and conducted its own eight-factor
analysis of the abuse potential of FUB-AMB in accordance with 21 U.S.C.
811(c). The DEA published a notice of proposed rulemaking for the
placement of FUB-AMB in schedule I elsewhere in this issue of the
Federal Register. If the scheduling of this substance is made
permanent, the DEA will publish a final rule in the Federal Register.
Pursuant to 21 U.S.C. 811(h)(2), the Acting Administrator orders
that the temporary scheduling of FUB-AMB, including its optical,
positional and geometric isomers, salts, and salts of isomers, be
extended for one year, or until the permanent scheduling proceeding is
completed, whichever occurs first.
In accordance with the temporary scheduling order in this document,
the schedule I requirements for handling FUB-AMB, including its
optical, positional and geometric isomers, salts, and salts of isomers,
will remain in effect for one year, or until the permanent scheduling
proceeding is completed, whichever occurs first.
Regulatory Matters
The CSA provides for an expedited temporary scheduling action where
such action is necessary to avoid an imminent hazard to the public
safety. 21 U.S.C. 811(h). The Attorney General may, by order, schedule
a substance in schedule I on a temporary basis. Id. 21 U.S.C. 811(h)
also provides that the temporary scheduling of a substance shall expire
at the end of two years from the date of the issuance of the order
scheduling such substance, except that the Attorney General may, during
the pendency of proceedings to permanently schedule the substance,
extend the temporary scheduling for up to one year.
To the extent that 21 U.S.C. 811(h) directs that temporary
scheduling actions be issued by order and sets forth the procedures by
which such orders are to be issued and extended, the DEA believes that
the notice and comment requirements of section 553 of the
Administrative Procedure Act (APA), 5 U.S.C. 553, do not apply to this
extension of the temporary scheduling action. In the alternative, even
assuming that this action might be subject to section 553 of the APA,
the Acting Administrator finds that there is good cause to forgo the
notice and comment requirements of section 553, as any further delays
in the process for extending the temporary scheduling order would be
impracticable and contrary to the public interest in view of the
manifest urgency to avoid an imminent hazard to the public safety.
Further, the DEA believes that this order extending the 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 (RFA). 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 section 553 of
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 CRA, ``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 maintain the temporary placement of FUB-AMB in
schedule I because it poses a public health risk. The temporary
scheduling action was 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. Under 21 U.S.C.
811(h), temporary scheduling orders are not subject to notice and
comment rulemaking procedures. The DEA understands that the CSA frames
temporary scheduling actions as orders rather than rules to ensure that
the process moves swiftly, and this extension of the temporary
scheduling order continues to serve that purpose. For the same reasons
that underlie 21 U.S.C. 811(h), that is, the need to place this
substance in schedule
[[Page 58047]]
I because it poses an imminent hazard to public safety, it would be
contrary to the public interest to delay implementation of this
extension of the temporary scheduling order. Therefore, in accordance
with section 808(2) of the CRA, this order extending the temporary
scheduling order shall take effect immediately upon its publication.
The DEA has submitted a copy of this temporary scheduling order to both
Houses of Congress and to the Comptroller General, although such filing
is not required under the Congressional Review Act, 5 U.S.C. 801-808,
because, as noted above, this action is an order, not a rule.
Dated: October 21, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019-23372 Filed 10-29-19; 8:45 am]
BILLING CODE 4410-09-P
