Miscellaneous Corrections; Correction, 75230-75231 [2020-25875]

Download as PDF Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Rules and Regulations [FR Doc. 2020–26060 Filed 11–23–20; 11:15 am] BILLING CODE 9112–FP–C NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I [NRC–2020–0125] RIN 3150–AK48 Miscellaneous Corrections; Correction Nuclear Regulatory Commission. ACTION: Final rule, correcting amendment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is correcting a final rule that appeared in the Federal Register on October 16, 2020, and became effective on November 16, 2020. That document inadvertently replaced an outdated Executive Order with an incorrect reference. This document corrects the reference to the Executive Order in the final rule. DATES: This correction is effective on November 25, 2020. ADDRESSES: Please refer to Docket ID NRC–2020–0125 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0125. Address questions about NRC dockets to Dawn Forder; telephone: 301–415–3407; email: Dawn.Forder@nrc.gov. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:45 Nov 24, 2020 Jkt 253001 ADAMS Public Documents Collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to PDR.Resource@nrc.gov. • Attention: The Public Document Room (PDR), where you may examine and order copies of public documents is currently closed. You may submit your request to the PDR via email at PDR.Resource@nrc.gov or call 1–800– 397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jill Shepherd, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 1230, email: Jill.Shepherd@nrc.gov. SUPPLEMENTARY INFORMATION: The NRC is correcting FR Doc. 20–21148, a final rule that was published in the Federal Register on October 16, 2020 (85 FR 65656), and became effective on November 16, 2020. That document inadvertently replaced an outdated Executive Order with an incorrect reference. This document corrects the reference to the Executive Order in the final rule. On page 65657, third column, under the heading ‘‘10 CFR part 73,’’ correct the paragraph ‘‘Correct Reference. This final rule corrects the reference in § 73.57(b)(2)(iii) to read ‘‘Executive Order 13767, as amended by Executive Order 13764,’’ which replaced Executive Order 10450.’’ to read ‘‘Correct Reference. This final rule corrects the reference in § 73.57(b)(2)(iii) to read ‘‘Executive Order 13467, as amended by Executive Order 13764,’’ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 which replaced Executive Order 10450.’’ List of Subjects In 10 CFR Part 73 Criminal penalties, Exports, Hazardous materials transportation, Incorporation by reference, Imports, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Security measures. Accordingly, 10 CFR part 73 is corrected by making the following correcting amendments: PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1. The authority citation for part 73 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 2167, 2169, 2201, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note. Section 73.1 also issued under Nuclear Waste Policy Act secs. 135, 141 (42 U.S.C. 10155, 10161). Section 73.37(b)(2) also issued under Sec. 301, Public Law 96–295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.37(f) also issued under Sec. 301, Pub. L. 96–295, 94 Stat. 789 (42 U.S.C. 5841 note). § 73.57 [Amended] 2. In § 73.57(b)(2)(iii), remove ‘‘Executive Order 13767’’ and add in its place ‘‘Executive Order 13467’’. ■ Dated November 18, 2020. E:\FR\FM\25NOR1.SGM 25NOR1 ER25NO20.051</GPH> 75230 Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Rules and Regulations For the Nuclear Regulatory Commission. Pamela J. Shepherd-Vladimir, Acting Chief Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards. Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (571) 362–3261. SUPPLEMENTARY INFORMATION: [FR Doc. 2020–25875 Filed 11–24–20; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–565] Schedules of Controlled Substances: Placement of cyclopentyl fentanyl, isobutyryl fentanyl, parachloroisobutyryl fentanyl, paramethoxybutyryl fentanyl, and valeryl fentanyl in Schedule I Drug Enforcement Administration, Department of Justice. ACTION: Final rule. AGENCY: The Drug Enforcement Administration places cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)N-phenylcyclopentanecarboxamide), isobutyryl fentanyl (N-(1phenethylpiperidin-4-yl)-Nphenylisobutyramide), parachloroisobutyryl fentanyl (N-(4chlorophenyl)-N-(1-phenethylpiperidin4-yl)isobutyramide), paramethoxybutyryl fentanyl (N-(4methoxyphenyl)-N-(1phenethylpiperidin-4-yl)butyramide), and valeryl fentanyl (N-(1phenethylpiperidin-4-yl)-Nphenylpentanamide), 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, in schedule I of the Controlled Substances Act. This action continues the imposition of 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, conduct instructional activities or chemical analysis with, or possess), or propose to handle cyclopentyl fentanyl, isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl, and valeryl fentanyl. DATES: Effective date: November 25, 2020. jbell on DSKJLSW7X2PROD with RULES SUMMARY: FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Regulatory Drafting and Policy Support Section, Diversion VerDate Sep<11>2014 15:45 Nov 24, 2020 Jkt 253001 Legal Authority The Controlled Substances Act (CSA) provides that proceedings for the issuance, amendment, or repeal of the scheduling of any drug or other substance may be initiated by the Attorney General (1) on his own motion; (2) at the request of the Secretary of the Department of Health and Human Services (HHS); 1 or (3) on the petition of any interested party. 21 U.S.C. 811(a). This action was initiated on the Attorney General’s own motion, as delegated to the Administrator of DEA (Administrator), and is supported by, inter alia, a recommendation from the Assistant Secretary for Health of HHS (Assistant Secretary) and an evaluation of all relevant data by the Drug Enforcement Administration (DEA). This action continues the imposition of the regulatory controls and administrative, civil, and criminal sanctions of schedule I controlled substances on any person who handles or proposes to handle cyclopentyl fentanyl, isobutyryl fentanyl, parachloroisobutyryl fentanyl, paramethoxybutyryl fentanyl, and valeryl fentanyl. Background On February 1, 2018, DEA published an order in the Federal Register amending 21 CFR 1308.11(h) to temporarily place cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-Nphenylcyclopentanecarboxamide), isobutyryl fentanyl (N-(1phenethylpiperidin-4-yl)-Nphenylisobutyramide), parachloroisobutyryl fentanyl (N-(4chlorophenyl)-N-(1-phenethylpiperidin4-yl)isobutyramide), paramethoxybutyryl fentanyl (N-(4methoxyphenyl)-N-(1phenethylpiperidin-4-yl)butyramide), and valeryl fentanyl (N-(1phenethylpiperidin-4-yl)-Nphenylpentanamide), along with two other substances,2 in schedule I of the 1 As discussed in a memorandum of understanding entered into by the Food and Drug Administration (FDA) and the National Institute on Drug Abuse (NIDA), FDA acts as the lead agency within HHS in carrying out the Secretary’s scheduling responsibilities under the CSA, with the concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. The Secretary of HHS has delegated to the Assistant Secretary for Health of HHS the authority to make domestic drug scheduling recommendations. 58 FR 35460, July 1, 1993. 2 Those two other substances, ocfentanil (N-(2fluorophenyl)-2-methoxy-N-(phenethylpiperidin-4- PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 75231 CSA pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). 83 FR 4580. That temporary scheduling order was effective on the date of publication, and was based on findings by the former Acting Administrator that the temporary scheduling of these seven substances was necessary to avoid an imminent hazard to the public safety pursuant to 21 U.S.C. 811(h)(1). On January 30, 2020, DEA published an order to extend the temporary schedule I status of cyclopentyl fentanyl, isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl, and valeryl fentanyl by one year, or until February 1, 2021, pursuant to 21 CFR 811(h)(2). 85 FR 5321. Also, on that same date and in the same issue of the Federal Register, DEA simultaneously published a notice of proposed rulemaking (NPRM) to permanently control cyclopentyl fentanyl, isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl, and valeryl fentanyl in schedule I of the CSA. 85 FR 5356. Specifically, DEA proposed to add these five substances to the opiates list under 21 CFR 1308.11(b). DEA and HHS Eight Factor Analyses On November 12, 2019, the Assistant Secretary submitted HHS’s scientific and medical evaluation and scheduling recommendation for cyclopropyl fentanyl, para-fluorobutyryl fentanyl, cyclopentyl fentanyl, isobutyryl fentanyl, para-chloroisobutyryl fentanyl, para-methoxybutyryl fentanyl, and valeryl fentanyl to the former Acting Administrator.3 After considering the eight factors in 21 U.S.C. 811(c), each substance’s abuse potential, lack of legitimate medical use in the United States, and lack of accepted safety for use under medical supervision pursuant to 21 U.S.C. 812(b), the Assistant Secretary recommended that cyclopentyl fentanyl, isobutyryl fentanyl, parachloroisobutyryl fentanyl, paramethoxybutyryl fentanyl, and valeryl fentanyl be controlled in schedule I of the CSA. In response, DEA conducted its own eight-factor analysis of cyclopentyl fentanyl, isobutyryl yl)acetamide) and para-fluorobutyryl fentanyl (N(4-fluorophenyl)-N-(1-phenethylpiperidin-4yl)butyramide, were subsequently permanently placed in schedule I on November 29, 2018 (83 FR 61320) and October 25, 2019 (84 FR 57323), respectively, pursuant to 21 U.S.C. 811(d)(1). 3 Although HHS also provided information on cyclopropyl fentanyl and para-fluorobutyryl fentanyl, these two substances will not be discussed in this final rule since they were permanently placed in schedule I on October 25, 2019. 84 FR 57323. E:\FR\FM\25NOR1.SGM 25NOR1

Agencies

[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Rules and Regulations]
[Pages 75230-75231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25875]


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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2020-0125]
RIN 3150-AK48


Miscellaneous Corrections; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule, correcting amendment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is correcting a 
final rule that appeared in the Federal Register on October 16, 2020, 
and became effective on November 16, 2020. That document inadvertently 
replaced an outdated Executive Order with an incorrect reference. This 
document corrects the reference to the Executive Order in the final 
rule.

DATES: This correction is effective on November 25, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0125 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0125. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected].
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents Collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected].
     Attention: The Public Document Room (PDR), where you may 
examine and order copies of public documents is currently closed. You 
may submit your request to the PDR via email at [email protected] or 
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jill Shepherd, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-1230, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The NRC is correcting FR Doc. 20-21148, a 
final rule that was published in the Federal Register on October 16, 
2020 (85 FR 65656), and became effective on November 16, 2020. That 
document inadvertently replaced an outdated Executive Order with an 
incorrect reference. This document corrects the reference to the 
Executive Order in the final rule.
    On page 65657, third column, under the heading ``10 CFR part 73,'' 
correct the paragraph ``Correct Reference. This final rule corrects the 
reference in Sec.  73.57(b)(2)(iii) to read ``Executive Order 13767, as 
amended by Executive Order 13764,'' which replaced Executive Order 
10450.'' to read ``Correct Reference. This final rule corrects the 
reference in Sec.  73.57(b)(2)(iii) to read ``Executive Order 13467, as 
amended by Executive Order 13764,'' which replaced Executive Order 
10450.''

List of Subjects In 10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, 
Incorporation by reference, Imports, Nuclear energy, Nuclear materials, 
Nuclear power plants and reactors, Penalties, Reporting and 
recordkeeping requirements, Security measures.

    Accordingly, 10 CFR part 73 is corrected by making the following 
correcting amendments:

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 
170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 2167, 
2169, 2201, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 2282, 2297f); 
Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 
5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 
10155, 10161); 44 U.S.C. 3504 note.
    Section 73.1 also issued under Nuclear Waste Policy Act secs. 
135, 141 (42 U.S.C. 10155, 10161).
    Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-
295, 94 Stat. 789 (42 U.S.C. 5841 note).
    Section 73.37(f) also issued under Sec. 301, Pub. L. 96-295, 94 
Stat. 789 (42 U.S.C. 5841 note).


Sec.  73.57  [Amended]

0
2. In Sec.  73.57(b)(2)(iii), remove ``Executive Order 13767'' and add 
in its place ``Executive Order 13467''.

    Dated November 18, 2020.


[[Page 75231]]


    For the Nuclear Regulatory Commission.
Pamela J. Shepherd-Vladimir,
Acting Chief Regulatory Analysis and Rulemaking Support Branch, 
Division of Rulemaking, Environmental, and Financial Support, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 2020-25875 Filed 11-24-20; 8:45 am]
BILLING CODE 7590-01-P
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