Schedules of Controlled Substances: Placement of Furanyl Fentanyl, 4-Fluoroisobutyryl Fentanyl, Acryl Fentanyl, Tetrahydrofuranyl Fentanyl, and Ocfentanil in Schedule I; Correction
| Citation | 84 FR 20023 |
| Record Number | 2019-09477 |
| Published date | 08 May 2019 |
| Section | Rules and Regulations |
| Court | Drug Enforcement Administration |
Federal Register, Volume 84 Issue 89 (Wednesday, May 8, 2019)
[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.
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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
