Identification of Prohibited Transactions To Implement Executive Order 13942 and Address the Threat Posed by TikTok and the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain; Preliminary Injunction Order Entered by a Federal District Court, 62214-62215 [2020-21897]
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Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Rules and Regulations
§ 747.402
[Amended]
55. In § 747.402(b), remove the word
‘‘or’’ between the words ‘‘dissipation’’
and ‘‘credit’’ and add in its place the
word ‘‘of’’.
■
PART 748—SECURITY PROGRAM,
REPORT OF SUSPECTED CRIMES,
SUSPICIOUS TRANSACTIONS,
CATASTROPHIC ACTS AND BANK
SECRECY ACT COMPLIANCE
56. The authority citation for part 748
continues to read as follows:
■
Authority: 12 U.S.C. 1766(a), 1786(q); 15
U.S.C. 6801–6809; 31 U.S.C. 5311 and 5318.
Appendix B to Part 748 [Amended]
57. Amend appendix B to part 748 as
follows:
■ a. In footnote 34, remove the word
‘‘identify’’ and add, in its place, the
word ‘‘identity’’;
■ b. In footnote 39, remove the word
‘‘Suspiciouis’’ and add, in its place, the
word ‘‘Suspicious’’; and
■ c. In footnote 39, remove the word
‘‘Isues’’ and add, in its place, the word
‘‘Issues’’.
■
PART 750—GOLDEN PARACHUTE
AND INDEMNIFICATION PAYMENTS
58. The authority citation for part 750
continues to read as follows:
■
Authority: 12 U.S.C. 1786(t).
§ 750.5
[Amended]
59. In § 750.5(a)(3), add a space
between the word ‘‘in’’ and ‘‘§ 750.1(j)’’.
■
§ 750.6
[Amended]
60. In § 750.6(a), in the first sentence,
add a space between the word ‘‘to’’ and
‘‘§ 750.1(d)(2)(v)’’.
■
[FR Doc. 2020–17372 Filed 10–1–20; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF COMMERCE
15 CFR Chapter VII
[Docket Number 200928–0256]
jbell on DSKJLSW7X2PROD with RULES
RIN 0605–XD009
Identification of Prohibited
Transactions To Implement Executive
Order 13942 and Address the Threat
Posed by TikTok and the National
Emergency With Respect to the
Information and Communications
Technology and Services Supply
Chain; Preliminary Injunction Order
Entered by a Federal District Court
Office of the Secretary, U.S.
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
16:39 Oct 01, 2020
Notification of preliminary
injunction.
ACTION:
Jkt 253001
The U.S. Department of
Commerce (‘‘Department’’) is issuing
this document to inform the public of a
preliminary injunction ordered by a
United States district court on
September 27, 2020, preventing the
implementation of specific Department
actions.
SUMMARY:
The court order was effective
September 27, 2020.
FOR FURTHER INFORMATION CONTACT:
Kathy Smith, National
Telecommunications and Information
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1859.
For media inquiries: Meghan Burris,
Director, Office of Public Affairs, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4883.
SUPPLEMENTARY INFORMATION: On
September 24, 2020, the Department
published the ‘‘Identification of
Prohibited Transactions to Implement
Executive Order 13942 and Address the
Threat Posed by TikTok and the
National Emergency with Respect to the
Information and Communications
Technology and Services Supply Chain’’
(the ‘‘Identification’’) in the Federal
Register at 85 FR 60061. The
Identification provided that the
following transactions would be
prohibited:
1. Any provision of services to
distribute or maintain the TikTok
mobile application, constituent code, or
application updates through an online
mobile application store, or any online
marketplace where mobile users within
the land or maritime borders of the
United States and its territories may
download or update applications for use
on their mobile devices;
2. Any provision of internet hosting
services enabling the functioning or
optimization of the TikTok mobile
application within the land and
maritime borders of the United States
and its territories;
3. Any provision of content delivery
network services enabling the
functioning or optimization of the
TikTok mobile application within the
land and maritime borders of the United
States and its territories;
4. Any provision of directly
contracted or arranged internet transit or
peering services enabling the
functioning or optimization of the
TikTok mobile application within the
land and maritime borders of the United
States and its territories;
DATES:
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5. Any utilization of the TikTok
mobile application’s constituent code,
functions, or services in the functioning
of software or services developed and/
or accessible within the land and
maritime borders of the United States
and its territories; or
6. Any other transaction by any
person, or with respect to any property,
subject to the jurisdiction of the United
States, with ByteDance Ltd., or its
subsidiaries, including TikTok Inc., in
which any such company has any
interest, as may be identified at a future
date under the authority delegated
under Executive Order 13942.
Transactions identified in paragraph 1
above were to be prohibited at 11:59
p.m. eastern standard time on
September 27, 2020; transactions
identified in paragraphs 2, 3, 4, and 5
above were to be prohibited at 11:59
p.m. eastern standard time on November
12, 2020.
Preliminary Injunction
On September 18, 2020, TikTok Inc.
filed a lawsuit in the United States
District Court for the District of
Columbia (TikTok Inc. et al. v. Trump
et al., No. 20–cv–02658), seeking
various relief, including a court order to
prohibit the Department from
implementing or enforcing Executive
Order 13942 or the identified prohibited
transactions. Plaintiffs subsequently
filed a motion for a preliminary
injunction to pursue such relief.
On September 27, 2020, the District
Court issued an Order granting in part
and denying in part the Plaintiffs’
motion for a preliminary injunction.
This Order enjoined the Department
from implementing the prohibition on
transactions identified in Paragraph 1
above.
The Department is complying with
the terms of this order. Accordingly, this
serves as NOTICE that the Secretary’s
prohibition of identified transactions
(limited to the transactions identified in
Paragraph 1 above) pursuant to
Executive Order 13942, related to
TikTok, HAS BEEN ENJOINED, and
WILL NOT GO INTO EFFECT, pending
further legal developments.
Any further guidance and updates
regarding the subject litigation will be
posted on the Department website
(www.commerce.gov) on an ongoing
basis.
Dated: September 29, 2020.
This document of the Department of
Commerce was signed on September 29, by
Wilbur Ross, Secretary of Commerce. That
document with the original signature and
date is maintained by the Department of
Commerce. For administrative purposes only,
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 85, No. 192 / Friday, October 2, 2020 / Rules and Regulations
and in compliance with requirements of the
Office of the Federal Register, the
undersigned Department of Commerce
Federal Register Liaison Officer has been
authorized to sign and submit the document
in electronic format for publication, as an
official document of the Department of
Commerce. This administrative process in no
way alters the legal effect of this document
upon publication in the Federal Register.
Signed in Washington, DC, on September
29, 2020.
Asha Mathew,
Federal Register Liaison Officer, U.S.
Department of Commerce.
[FR Doc. 2020–21897 Filed 9–30–20; 1:00 pm]
BILLING CODE 3510–20–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–633]
Schedules of Controlled Substances:
Placement of Crotonyl Fentanyl in
Schedule I
Drug Enforcement
Administration, Department of Justice.
ACTION: Final amendment; final order.
AGENCY:
With the issuance of this final
order, the Acting Administrator of the
Drug Enforcement Administration
maintains the placement of crotonyl
fentanyl ((E)-N-(1-phenethylpiperidin-4yl)-N-phenylbut-2-enamide), including
its isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, in
schedule I of the Controlled Substances
Act. This scheduling action discharges
the United States’ obligations under the
Single Convention on Narcotic Drugs
(1961). This action continues to impose
the regulatory controls and
administrative, civil, and criminal
sanctions applicable to schedule I
controlled substances on persons who
handle (manufacture, distribute, import,
export, engage in research or conduct
instructional activities with, or possess),
or propose to handle crotonyl fentanyl.
DATES: Effective October 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Scott A. Brinks, Regulatory Drafting and
Policy Support Section, Diversion
Control Division, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (571) 362–3261.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
Legal Authority
The United States is a party to the
1961 United Nations Single Convention
on Narcotic Drugs (‘‘Single
VerDate Sep<11>2014
16:39 Oct 01, 2020
Jkt 253001
Convention’’), March 30, 1961, 18
U.S.T. 1407, 570 U.N.T.S. 151, as
amended. Article 3, paragraph 7 of the
Single Convention requires that if the
Commission on Narcotic Drugs
(‘‘Commission’’) adds a substance to one
of the schedules of such Convention,
and the United States receives
notification of such scheduling decision
from the Secretary-General of the United
Nations (‘‘Secretary-General’’), the
United States, as a signatory Member
State, is obligated to control the
substance under its national drug
control legislation. Under 21 U.S.C.
811(d)(1) of the Controlled Substances
Act (CSA), if control of a substance is
required ‘‘by United States’ obligations
under international treaties,
conventions, or protocols in effect on
October 27, 1970,’’ the Attorney General
must issue an order permanently
controlling such drug under the
schedule he deems most appropriate to
carry out such obligations, without
regard to the findings required by 21
U.S.C. 811(a) or 812(b), and without
regard to the procedures prescribed by
21 U.S.C. 811(a) and (b). The Attorney
General has delegated scheduling
authority under 21 U.S.C. 811 to the
Administrator of the Drug Enforcement
Administration (Administrator of DEA
or Administrator). 28 CFR 0.100.
Background
62215
E). On February 6, 2020, Congress
extended the temporary control of
fentanyl-related substances, as set forth
in 21 CFR 1308.11(h)(30), until May 6,
2021. Public Law 116–114, sec. 2, 134
Stat. 103 (2020).
In November 2019, the DirectorGeneral of the World Health
Organization recommended to the
Secretary-General that crotonyl fentanyl
and valeryl fentanyl be placed in
Schedule I of the Single Convention, as
these two substances have opioid
mechanisms of action and similarity to
drugs that are controlled in Schedule I
of the Single Convention (i.e., crotonyl
fentanyl is similar to drugs such as
oxycodone and fentanyl; valeryl
fentanyl is similar to drugs such as
fentanyl), and have dependence and
abuse potential. On May 7, 2020, the
Secretary-General advised the Secretary
of State of the United States, by letter,
that during its 63rd session in March
2020, the Commission voted to place
crotonyl fentanyl and valeryl fentanyl in
Schedule I of the Single Convention
(CND Mar/63/2 and Mar/63/3). Valeryl
fentanyl is temporarily controlled in
schedule I of the CSA until February 1,
2021 (85 FR 5321, Jan. 30, 2020), and it
will not be discussed in this final
order.2
Crotonyl Fentanyl
On February 6, 2018, DEA issued a
temporary scheduling order, placing
fentanyl-related substances, as defined
in the order, in schedule I of the CSA.
83 FR 5188. That order was based on
findings by the former Acting
Administrator that the temporary
scheduling of this class of substances
was necessary to avoid an imminent
hazard to the public safety; the order
was codified at 21 CFR 1308.11(h)(30).
On April 19, 2019, in the Federal
Register, DEA provided the chemical
name for crotonyl fentanyl, along with
four other substances, identifying how
these individual substances met the
definition for fentanyl-related
substances,1 and, as such, were already
covered by the February 2018 temporary
order. 84 FR 16397. Regarding crotonyl
fentanyl specifically, this substance was
not otherwise controlled in any
schedule (i.e., listed under another
Administration Substance Controlled
Number) and is structurally related to
fentanyl by the replacement of the Npropionyl group by another acyl group
(i.e., meets definition for modification
As discussed in the background
section, crotonyl fentanyl is temporarily
controlled in schedule I of the CSA, as
it meets the definition of fentanylrelated substances, pursuant to 21 CFR
1308.11(h)(30). Accordingly, crotonyl
fentanyl is scheduled as part of a class
of substances.
Crotonyl fentanyl has a
pharmacological profile similar to
morphine, fentanyl, and other synthetic
opioids that act as m-opioid receptor
agonists. For this reason, crotonyl
fentanyl is abused for its opioid-like
effects.
Law enforcement reports in the
United States demonstrate the illicit use
and distribution of this substance,
which are similar to that of heroin and
prescription opioid analgesics. The
National Forensic Laboratory
Information System (NFLIS) is a
national drug forensic laboratory
reporting system that systematically
collects results from drug chemistry
analyses conducted by other federal,
state, and local forensic laboratories
across the country. According to
1 These four other substances (2′-fluoro orthofluorofentanyl, ortho-methyl acetylfentanyl, beta′phenyl fentanyl, and thiofuranyl fentanyl) will not
be discussed further in this final order.
2 DEA issued a notice of proposed rulemaking to
permanently control valeryl fentanyl in schedule I
(85 FR 5356, Jan. 30, 2020) and is currently working
to finalize that rule.
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]]>Agencies
[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Rules and Regulations]
[Pages 62214-62215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21897]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
15 CFR Chapter VII
[Docket Number 200928-0256]
RIN 0605-XD009
Identification of Prohibited Transactions To Implement Executive
Order 13942 and Address the Threat Posed by TikTok and the National
Emergency With Respect to the Information and Communications Technology
and Services Supply Chain; Preliminary Injunction Order Entered by a
Federal District Court
AGENCY: Office of the Secretary, U.S. Department of Commerce.
ACTION: Notification of preliminary injunction.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Commerce (``Department'') is issuing
this document to inform the public of a preliminary injunction ordered
by a United States district court on September 27, 2020, preventing the
implementation of specific Department actions.
DATES: The court order was effective September 27, 2020.
FOR FURTHER INFORMATION CONTACT:
Kathy Smith, National Telecommunications and Information
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1859.
For media inquiries: Meghan Burris, Director, Office of Public
Affairs, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-4883.
SUPPLEMENTARY INFORMATION: On September 24, 2020, the Department
published the ``Identification of Prohibited Transactions to Implement
Executive Order 13942 and Address the Threat Posed by TikTok and the
National Emergency with Respect to the Information and Communications
Technology and Services Supply Chain'' (the ``Identification'') in the
Federal Register at 85 FR 60061. The Identification provided that the
following transactions would be prohibited:
1. Any provision of services to distribute or maintain the TikTok
mobile application, constituent code, or application updates through an
online mobile application store, or any online marketplace where mobile
users within the land or maritime borders of the United States and its
territories may download or update applications for use on their mobile
devices;
2. Any provision of internet hosting services enabling the
functioning or optimization of the TikTok mobile application within the
land and maritime borders of the United States and its territories;
3. Any provision of content delivery network services enabling the
functioning or optimization of the TikTok mobile application within the
land and maritime borders of the United States and its territories;
4. Any provision of directly contracted or arranged internet
transit or peering services enabling the functioning or optimization of
the TikTok mobile application within the land and maritime borders of
the United States and its territories;
5. Any utilization of the TikTok mobile application's constituent
code, functions, or services in the functioning of software or services
developed and/or accessible within the land and maritime borders of the
United States and its territories; or
6. Any other transaction by any person, or with respect to any
property, subject to the jurisdiction of the United States, with
ByteDance Ltd., or its subsidiaries, including TikTok Inc., in which
any such company has any interest, as may be identified at a future
date under the authority delegated under Executive Order 13942.
Transactions identified in paragraph 1 above were to be prohibited
at 11:59 p.m. eastern standard time on September 27, 2020; transactions
identified in paragraphs 2, 3, 4, and 5 above were to be prohibited at
11:59 p.m. eastern standard time on November 12, 2020.
Preliminary Injunction
On September 18, 2020, TikTok Inc. filed a lawsuit in the United
States District Court for the District of Columbia (TikTok Inc. et al.
v. Trump et al., No. 20-cv-02658), seeking various relief, including a
court order to prohibit the Department from implementing or enforcing
Executive Order 13942 or the identified prohibited transactions.
Plaintiffs subsequently filed a motion for a preliminary injunction to
pursue such relief.
On September 27, 2020, the District Court issued an Order granting
in part and denying in part the Plaintiffs' motion for a preliminary
injunction. This Order enjoined the Department from implementing the
prohibition on transactions identified in Paragraph 1 above.
The Department is complying with the terms of this order.
Accordingly, this serves as NOTICE that the Secretary's prohibition of
identified transactions (limited to the transactions identified in
Paragraph 1 above) pursuant to Executive Order 13942, related to
TikTok, HAS BEEN ENJOINED, and WILL NOT GO INTO EFFECT, pending further
legal developments.
Any further guidance and updates regarding the subject litigation
will be posted on the Department website (www.commerce.gov) on an
ongoing basis.
Dated: September 29, 2020.
This document of the Department of Commerce was signed on
September 29, by Wilbur Ross, Secretary of Commerce. That document
with the original signature and date is maintained by the Department
of Commerce. For administrative purposes only,
[[Page 62215]]
and in compliance with requirements of the Office of the Federal
Register, the undersigned Department of Commerce Federal Register
Liaison Officer has been authorized to sign and submit the document
in electronic format for publication, as an official document of the
Department of Commerce. This administrative process in no way alters
the legal effect of this document upon publication in the Federal
Register.
Signed in Washington, DC, on September 29, 2020.
Asha Mathew,
Federal Register Liaison Officer, U.S. Department of Commerce.
[FR Doc. 2020-21897 Filed 9-30-20; 1:00 pm]
BILLING CODE 3510-20-P
