84 FR 20023 - Schedules of Controlled Substances: Placement of Furanyl Fentanyl, 4-Fluoroisobutyryl Fentanyl, Acryl Fentanyl, Tetrahydrofuranyl Fentanyl, and Ocfentanil in Schedule I; Correction

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.

[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Rules and Regulations]
[Page 20023]
From the Federal Register Online  [www.thefederalregister.org]
[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