80 FR 27854 - Schedules of Controlled Substances: Extension of Temporary Placement of UR-144, XLR11, and AKB48 in Schedule I of the Controlled Substances Act
DEPARTMENT OF JUSTICE
Drug Enforcement Administration Federal Register Volume 80, Issue 94 (May 15, 2015)
Drug Enforcement Administration
Federal Register Volume 80, Issue 94 (May 15, 2015)
| Page Range | 27854-27856 | |
| FR Document | 2015-11765 |
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)] [Rules and Regulations] [Pages 27854-27856] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11765] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA-414] Schedules of Controlled Substances: Extension of Temporary Placement of UR-144, XLR11, and AKB48 in Schedule I of the Controlled Substances Act AGENCY: Drug Enforcement Administration, Department of Justice. ACTION: Final order. ----------------------------------------------------------------------- SUMMARY: The Administrator of the Drug Enforcement Administration (DEA) is [[Page 27855]] issuing this final order to extend the temporary placement of (1- pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR- 144), [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3- tetramethylcyclopropyl)methanone (5-fluoro-UR-144, XLR11) and N-(1- adamantyl)-1-pentyl-1H-indazole-3-carboxamide (APINACA, AKB48), including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule I of the Controlled Substances Act. The current final order temporarily placing UR-144, XLR11, and AKB48 in schedule I is due to expire on May 15, 2015. This final order will extend the temporary scheduling of UR-144, XLR11, and AKB48 to May 15, 2016, or until the permanent scheduling action for these three substances is completed, whichever occurs first. DATES: This final order is effective May 15, 2015. FOR FURTHER INFORMATION CONTACT: John R. Scherbenske, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-6812. SUPPLEMENTARY INFORMATION: On May 16, 2013, the Deputy Administrator of the Drug Enforcement Administration published a Final Order in the Federal Register (78 FR 28735) amending 21 CFR 1308.11(h) to temporarily place three synthetic cannabinoids, namely (1-pentyl-1H- indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144), [1-(5- fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (5-fluoro-UR-144, XLR11), and N-(1-adamantyl)-1-pentyl-1H-indazole-3- carboxamide (APINACA, AKB48), in schedule I of the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). That final order, which became effective on the date of publication, was based on findings by the Deputy Administrator of the DEA that the temporary scheduling of these three synthetic cannabinoids was necessary to avoid an imminent hazard to the public safety pursuant to 21 U.S.C. 811(h)(1). At the time the final order took effect, section 201(h)(2) of the CSA, 21 U.S.C. 811(h)(2), required that the temporary scheduling of a substance expires at the end of two years from the date of issuance of the order scheduling the substance, except that the Attorney General may, during the pendency of proceedings under 21 U.S.C. 811(a)(1) with respect to the substance, extend the temporary scheduling of that substance for up to one year. Proceedings for the permanent 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 or her own motion, at the request of the Secretary of Health and Human Services,\1\ or on the petition of any interested party. --------------------------------------------------------------------------- \1\ Because the Secretary of the Department of Health and Human Services has delegated to the Assistant Secretary for Health of the Department of Health and Human Services the authority to make domestic drug scheduling recommendations, for purposes of this Final Order, all subsequent references to ``Secretary'' have been replaced with ``Assistant Secretary.'' --------------------------------------------------------------------------- In this case, the DEA initiated permanent scheduling proceedings on its own motion pursuant to 21 U.S.C. 811(a). 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 these three synthetic cannabinoids. On August 31, 2013, 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 UR-144, XLR11, and AKB48, pursuant to 21 U.S.C. 811(b) and (c). Upon evaluating the scientific and medical evidence, the HHS on May 12, 2015, submitted to the Administrator of the DEA its three scientific and medical evaluations entitled, ``Basis For the Recommendation to Place 1-pentyl-1H-indol-3-yl 2,2,3,3- tetramethylcyclopropyl methanone (UR-144) and its Salts in schedule I of the Controlled Substances Act (CSA),'' ``Basis For the Recommendation to Place 1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3- tetramethylcyclopropyl methanone (XLR11) and its Salts in schedule I of the Controlled Substances Act (CSA),'' and ``Basis For the Recommendation to Place N-(1-adamantyl)-1-pentyl-1H-indazole-3- carboxamide (AKB48) and its Salts in schedule I of the Controlled Substances Act (CSA).'' Upon receipt of the scientific and medical evaluation and scheduling recommendations 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 UR-144, XLR11, and AKB48 pursuant to 21 U.S.C. 811(c). The DEA is publishing a Notice of Proposed Rulemaking for the Placement of UR-144, XLR11, and AKB48 into schedule I. The Administrator thereby has initiated proceedings regarding UR-144, XLR11, and AKB48 in accordance with 21 U.S.C. 811(a)(1). Therefore, pursuant to 21 U.S.C. 811(h)(2), the Administrator of the DEA hereby orders that the temporary scheduling of UR-144, XLR11, and AKB48, including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, be extended to May 15, 2016, or until the proceedings to permanently schedule these three substances is completed, whichever occurs first. In accordance with this final order, the schedule I requirements for handling UR-144, XLR11, and AKB48, including their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, will remain in effect until May 15, 2016, or until the permanent scheduling proceeding is completed, whichever occurs first. Regulatory Matters Section 201(h) of the CSA, 21 U.S.C. 811(h), provides for an expedited temporary scheduling action where such action is necessary to avoid an imminent hazard to the public safety. As provided in this subsection, the Attorney General may, by order, schedule a substance in schedule I on a temporary basis. Section 201(h) of the CSA, 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. Inasmuch as section 201(h) of the CSA 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 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 final order extending the temporary [[Page 27856]] 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. Pursuant to section 808(2) of the Congressional Review Act (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 UR- 144, XLR11, and AKB48 in schedule I because they pose 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. 21 U.S.C. 811(h) exempted the temporary scheduling order from standard notice and comment rulemaking procedures to ensure that the process moved 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 DEA's need to place these substances in schedule I because they pose 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 final order extending the temporary scheduling order shall take effect immediately upon its publication. Pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act) (5 U.S.C. 801-808), the DEA has submitted a copy of this final order to both Houses of Congress and to the Comptroller General. Dated: May 12, 2015. Michele M. Leonhart, Administrator. [FR Doc. 2015-11765 Filed 5-14-15; 8:45 am] BILLING CODE 4410-09-P
![27854 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations
for statistical purposes. Through the Census Bureau’s response is provided comments on the certification in the
AES, the Census Bureau collects below. proposed rule; accordingly, no
Electronic Export Information (EEI), the Comment: Clarify if exporters are Regulatory Flexibility analysis is
electronic equivalent of the export data required to file Electronic Export required and none has been prepared.
formerly collected on the Shipper’s Information (EEI) if items are shipped
Executive Orders
Export Declaration, pursuant to the into the U.S. under a foreign obtained
Foreign Trade Regulations (FTR), Title ATA Carnet, and then re-exported, This rule has been determined to be
15, Code of Federal Regulations (CFR), never returning to the U.S. Additionally, not significant for purposes of Executive
part 30. Filing in the AES is not clarify if exporters are required to file Orders 12866 and 13563, and has been
required for shipments excluded in EEI if items are exported under a U.S. drafted according to the requirements of
Section 30.2(d) and shipments obtained ATA Carnet and will be those Executive Orders. It has also been
exempted in Subpart D that are not returned within 12 months under the determined that this rule does not
subject to Section 30.2(a)(1)(iv). same Carnet. contain policies with federalism
The Census Bureau published a Final Response: The Census Bureau implications as that term is defined
Rule in the Federal Register on March clarifies here that reporting of EEI is not under Executive Order 13132.
14, 2013 (78 FR 16366), that removed required for exports moving under
the exemptions for Carnets and other Paperwork Reduction Act
either a U.S. or foreign issued Carnets.
temporary exports and goods previously All Carnet shipments are exempt from This rule does not contain any
imported under a Temporary Import EEI filing under Foreign Trade information collection subject to the
Bond (TIB) exported in the same Regulations, Section 30.37(q) or (r). Paperwork Reduction Act (PRA).
condition. The Department of the However, notwithstanding any other
Treasury and members of the trade Rulemaking Requirements provision of law, no person is required
community raised concerns about the Administrative Procedure Act to respond to, nor shall a person be
new AES filing requirement for Carnets, subject to a penalty for failure to comply
which is an international customs and The Census Bureau finds good cause with, a collection of information subject
temporary export-import document that pursuant to Title 5, U.S.C., 553(b)(3)(B) to the requirements of the PRA, unless
is used to clear customs without paying to waive prior notice and opportunity that collection of information displays a
duties and import taxes on merchandise for public comment, as contrary to the current and valid Office of Management
that will be reexported within 12 public interest. The Census Bureau is and Budget (OMB) control number.
months. The concerns centered on undertaking this amendment in order to
reduce filing burden on the trade List of Subjects in 15 CFR Part 30
whether mandatory AES filing for
Carnets may be contrary to the ATA community and to ensure consistency Economic statistics, Exports, Foreign
Convention, to which the U.S. is a with the ATA Carnets for the Temporary trade, Reporting and recordkeeping
contracting party. In addition, there was Admission of Goods (ATA Convention). requirements.
concern that unless the exemptions In particular, this rule reinstates the
were reinstated, it would be extremely previous filing exemptions in § 30.37(q) PART 30—FOREIGN TRADE
difficult to comply with the FTR, and (r) of the FTR for temporary exports, REGULATIONS
particularly for goods moving on a including Carnets, and goods that were
imported under a TIB for return in the ■ Accordingly, as discussed above, the
foreign Carnet. To address these
same condition as when imported, Interim Final Rule amending 15 CFR
concerns, the Census Bureau and U.S.
which will ensure consistency with the part 30, which was published at 79 FR
Customs and Border Protection (CBP)
ATA Convention, reduce filing 54588 on September 12, 2014, is
determined it was necessary to reinstate
requirements, avoid confusion, and ease adopted as a final rule without change.
the exemptions from filing for
temporary exports, including Carnets, compliance with the FTR. Additionally, Dated: May 7, 2015.
and goods that were previously and for similar reasons, the Census John H. Thompson,
imported under a TIB for return in the Bureau finds good cause pursuant to 5 Director, Bureau of the Census.
same condition as when exported. U.S.C. 553(d) to waive the 30-day delay [FR Doc. 2015–11809 Filed 5–14–15; 8:45 am]
In accordance with the Interim Final in effectiveness for this rule. This rule BILLING CODE 3510–07–P
Rule published on September 12, 2014, allows for an exemption to the AES
this rule clarifies that the reporting filing requirements and imposes no
requirement for temporary exports, additional requirements or obligations
DEPARTMENT OF JUSTICE
which includes Carnets, and goods on any member of the public; therefore,
previously imported on a TIB is delaying its effectiveness is Drug Enforcement Administration
eliminated. This revision reinstates unnecessary.
exemptions for temporary exports/ Regulatory Flexibility Act 21 CFR Part 1308
Carnets and for goods that were
imported under a TIB for return in the The Chief Counsel for Regulation of [Docket No. DEA–414]
same condition as when imported. The the Department of Commerce certified
to the Chief Counsel for Advocacy of the Schedules of Controlled Substances:
U.S. Department of State and the U.S.
Small Business Administration (SBA) Extension of Temporary Placement of
Department of Homeland Security
that this rule will not have a significant UR–144, XLR11, and AKB48 in
concur with the provision contained in
impact on a substantial number of small Schedule I of the Controlled
this rule.
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entities. Substances Act
Summary of Comments and Responses The purpose and goal of this rule are AGENCY: Drug Enforcement
The Census Bureau received one explained in the preamble, and are not Administration, Department of Justice.
comment on the Interim Final Rule repeated here. This rule does not ACTION: Final order.
published in the Federal Register on mandate any new filing requirements
September 12, 2014 (79 FR 54588). A and does not directly impact any small SUMMARY: The Administrator of the Drug
summary of the comment and the or large entities. We received no Enforcement Administration (DEA) is
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methanone (5- Administrator of the DEA pursuant to XLR11, and AKB48, including their
fluoro-UR–144, XLR11) and N-(1- 28 CFR 0.100) on his or her own motion, salts, isomers, and salts of isomers
adamantyl)-1-pentyl-1H-indazole-3- at the request of the Secretary of Health whenever the existence of such salts,
carboxamide (APINACA, AKB48), and Human Services,1 or on the petition isomers, and salts of isomers is possible,
including their salts, isomers, and salts of any interested party. be extended to May 15, 2016, or until
of isomers whenever the existence of In this case, the DEA initiated the proceedings to permanently
such salts, isomers, and salts of isomers permanent scheduling proceedings on schedule these three substances is
is possible, in schedule I of the its own motion pursuant to 21 U.S.C. completed, whichever occurs first.
Controlled Substances Act. The current 811(a). The DEA has gathered and In accordance with this final order,
final order temporarily placing UR–144, reviewed the available information the schedule I requirements for
XLR11, and AKB48 in schedule I is due regarding the pharmacology, chemistry, handling UR–144, XLR11, and AKB48,
to expire on May 15, 2015. This final trafficking, actual abuse, pattern of including their salts, isomers, and salts
order will extend the temporary abuse, and the relative potential for of isomers whenever the existence of
scheduling of UR–144, XLR11, and abuse for these three synthetic such salts, isomers, and salts of isomers
AKB48 to May 15, 2016, or until the cannabinoids. On August 31, 2013, the is possible, will remain in effect until
permanent scheduling action for these DEA submitted a request to the HHS to May 15, 2016, or until the permanent
three substances is completed, provide the DEA with a scientific and scheduling proceeding is completed,
whichever occurs first. medical evaluation of available whichever occurs first.
DATES: This final order is effective May information and a scheduling
Regulatory Matters
15, 2015. recommendation for UR–144, XLR11,
and AKB48, pursuant to 21 U.S.C. Section 201(h) of the CSA, 21 U.S.C.
FOR FURTHER INFORMATION CONTACT: John
811(b) and (c). Upon evaluating the 811(h), provides for an expedited
R. Scherbenske, Office of Diversion temporary scheduling action where
Control, Drug Enforcement scientific and medical evidence, the
HHS on May 12, 2015, submitted to the such action is necessary to avoid an
Administration; Mailing Address: 8701 imminent hazard to the public safety.
Morrissette Drive, Springfield, Virginia Administrator of the DEA its three
scientific and medical evaluations As provided in this subsection, the
22152; Telephone: (202) 598–6812. Attorney General may, by order,
entitled, ‘‘Basis For the
SUPPLEMENTARY INFORMATION: On May schedule a substance in schedule I on a
Recommendation to Place 1-pentyl-1H-
16, 2013, the Deputy Administrator of indol-3-yl 2,2,3,3- temporary basis. Section 201(h) of the
the Drug Enforcement Administration tetramethylcyclopropyl methanone CSA, 21 U.S.C. 811(h) also provides that
published a Final Order in the Federal (UR–144) and its Salts in schedule I of the temporary scheduling of a substance
Register (78 FR 28735) amending 21 the Controlled Substances Act (CSA),’’ shall expire at the end of two years from
CFR 1308.11(h) to temporarily place ‘‘Basis For the Recommendation to the date of the issuance of the order
three synthetic cannabinoids, namely Place 1-(5-fluoro-pentyl)-1H-indol-3- scheduling such substance, except that
(1-pentyl-1H-indol-3-yl)(2,2,3,3- yl](2,2,3,3-tetramethylcyclopropyl the Attorney General may, during the
tetramethylcyclopropyl)methanone methanone (XLR11) and its Salts in pendency of proceedings to
(UR–144), [1-(5-fluoro-pentyl)-1H-indol- schedule I of the Controlled Substances permanently schedule the substance,
3-yl](2,2,3,3- Act (CSA),’’ and ‘‘Basis For the extend the temporary scheduling for up
tetramethylcyclopropyl)methanone (5- Recommendation to Place N-(1- to one year.
fluoro-UR–144, XLR11), and N-(1- adamantyl)-1-pentyl-1H-indazole-3- Inasmuch as section 201(h) of the
adamantyl)-1-pentyl-1H-indazole-3- carboxamide (AKB48) and its Salts in CSA directs that temporary scheduling
carboxamide (APINACA, AKB48), in schedule I of the Controlled Substances actions be issued by order and sets forth
schedule I of the Controlled Substances Act (CSA).’’ Upon receipt of the the procedures by which such orders are
Act (CSA) pursuant to the temporary to be issued and extended, the DEA
scientific and medical evaluation and
scheduling provisions of 21 U.S.C. believes that the notice and comment
scheduling recommendations from the
811(h). That final order, which became requirements of section 553 of the
HHS, the DEA reviewed the documents
effective on the date of publication, was Administrative Procedure Act (APA), 5
and all other relevant data, and
based on findings by the Deputy U.S.C. 553, do not apply to this
conducted its own eight-factor analysis
Administrator of the DEA that the extension of the temporary scheduling
of the abuse potential of UR–144,
temporary scheduling of these three action. In the alternative, even assuming
XLR11, and AKB48 pursuant to 21
synthetic cannabinoids was necessary to that this action might be subject to
U.S.C. 811(c). The DEA is publishing a
avoid an imminent hazard to the public section 553 of the APA, the
Notice of Proposed Rulemaking for the
safety pursuant to 21 U.S.C. 811(h)(1). Administrator finds that there is good
Placement of UR–144, XLR11, and
At the time the final order took effect, cause to forgo the notice and comment
AKB48 into schedule I. The
section 201(h)(2) of the CSA, 21 U.S.C. requirements of section 553, as any
Administrator thereby has initiated
811(h)(2), required that the temporary further delays in the process for
mstockstill on DSK4VPTVN1PROD with RULES
scheduling of a substance expires at the 1 Because the Secretary of the Department of extending the temporary scheduling
end of two years from the date of Health and Human Services has delegated to the order would be impracticable and
issuance of the order scheduling the Assistant Secretary for Health of the Department of contrary to the public interest in view
substance, except that the Attorney Health and Human Services the authority to make of the manifest urgency to avoid an
domestic drug scheduling recommendations, for
General may, during the pendency of purposes of this Final Order, all subsequent
imminent hazard to the public safety.
proceedings under 21 U.S.C. 811(a)(1) references to ‘‘Secretary’’ have been replaced with Further, the DEA believes that this final
with respect to the substance, extend ‘‘Assistant Secretary.’’ order extending the temporary
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![27856 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations
scheduling action is not a ‘‘rule’’ as Pursuant to the Small Business the Department of State, U.S.
defined by 5 U.S.C. 601(2), and, Regulatory Enforcement Fairness Act of government contractors traveling abroad
accordingly, is not subject to the 1996 (Congressional Review Act) (5 to carry out official duties on behalf of
requirements of the Regulatory U.S.C. 801–808), the DEA has submitted the U.S. government.
Flexibility Act (RFA). The requirements a copy of this final order to both Houses Increasingly, the federal government
for the preparation of an initial of Congress and to the Comptroller utilizes officials or employees of state,
regulatory flexibility analysis in 5 U.S.C. General. local, tribal, and territorial governments
603(a) are not applicable where, as here, Dated: May 12, 2015. in support of federal activities, both
the DEA is not required by section 553 domestically and overseas, such as the
Michele M. Leonhart,
of the APA or any other law to publish Federal Bureau of Investigation’s Joint
Administrator.
a general notice of proposed Terrorism Task Force. When required to
rulemaking. [FR Doc. 2015–11765 Filed 5–14–15; 8:45 am]
travel internationally in support of such
Additionally, this action is not a BILLING CODE 4410–09–P federal activities, these individuals are
significant regulatory action as defined not currently eligible for official
by Executive Order 12866 (Regulatory passports. Issuance of an official
Planning and Review), section 3(f), and, DEPARTMENT OF STATE passport to such individuals signifies to
accordingly, this action has not been foreign governments that they are
reviewed by the Office of Management 22 CFR Part 51 carrying out official duties in support of
and Budget (OMB). [Public Notice: 9133] the U.S. government. The activities
This action will not have substantial undertaken by these officials are often of
direct effects on the States, on the RIN 1400–AD83
pressing national security, law
relationship between the national enforcement, or humanitarian
government and the States, or on the Passports: Official Passports for
Officials or Employees of State, Local, importance and occur with little
distribution of power and advance notice. It is in the U.S.
responsibilities among the various Tribal or Territorial Governments
Traveling Abroad and Carrying Out government’s interest to provide these
levels of government. Therefore, in individuals the travel documents
accordance with Executive Order 13132 Official Duties in Support of the U.S.
Government necessary to allow them to travel in a
(Federalism) it is determined that this timely manner.
action does not have sufficient AGENCY: Department of State. Under 22 U.S.C. 211a et seq., the
federalism implications to warrant the ACTION: Interim final rule. Secretary of State has the authority to
preparation of a Federalism Assessment. make rules for the granting and issuance
Pursuant to section 808(2) of the SUMMARY: This rule amends the passport of passports. The Department is
Congressional Review Act (CRA), ‘‘any rules for the Department of State to amending section 51.3(b) of 22 CFR to
rule for which an agency for good cause authorize issuing an official passport to authorize issuing official passports to an
finds * * * that notice and public an official or employee of a state, local, official or employee of a state, local,
procedure thereon are impracticable, tribal, or territorial government traveling tribal, or territorial government traveling
unnecessary, or contrary to the public abroad to carry out official duties in abroad to carry out official duties in
interest, shall take effect at such time as support of the U.S. government. support of the U.S. government.
the Federal agency promulgating the DATES: This rule is effective May 15,
rule determines.’’ 5 U.S.C. 808(2). It is 2015. Regulatory Findings
in the public interest to maintain the The Department of State will accept
temporary placement of UR–144, Administrative Procedure Act
comments until July 14, 2015.
XLR11, and AKB48 in schedule I The Department is publishing this
ADDRESSES: You may make comments rule as an interim final rule, effective on
because they pose a public health risk.
The temporary scheduling action was by any of the following methods, and the date of publication, pursuant to the
taken pursuant to 21 U.S.C. 811(h), you must include the RIN in the subject ‘‘good cause’’ exemption of the
which is specifically designed to enable line of your message. Administrative Procedure Act (APA), 5
the DEA to act in an expeditious manner • Mail (paper, disk, or CD–ROM U.S.C. 553(b)(3)(B). The Department
to avoid an imminent hazard to the submissions): ATTN: RIN 1400–AD83, finds that delaying the effect of this rule
public safety. 21 U.S.C. 811(h) Alice Kottmyer, Attorney-Adviser, until after notice and comment would
exempted the temporary scheduling Office of the Legal Adviser (L/M), U.S. be impractical, unnecessary, and
order from standard notice and Department of State, Room 4325, 2201 contrary to public interest. The
comment rulemaking procedures to C Street NW., Washington, DC 20520. Department finds that providing the
ensure that the process moved swiftly, • Email: kottmyeram@state.gov. necessary travel documents to these
and this extension of the temporary • Persons with access to the Internet
individuals to allow them to travel in
scheduling order continues to serve that may view this rule and submit
support of U.S. government interests
purpose. For the same reasons that comments by going to
provides a compelling justification for
underlie 21 U.S.C. 811(h), that is, the www.regulations.gov, and searching for
immediate approval of this rule.
DEA’s need to place these substances in the rule by its RIN, 1400–AD83.
Therefore, this rule is effective on the
schedule I because they pose an FOR FURTHER INFORMATION CONTACT: date of publication. See 5 U.S.C. 553(d).
imminent hazard to public safety, it Alice Kottmyer, Attorney-Adviser, However, the Department solicits—and
would be contrary to the public interest kottmyeram@state.gov, 202–647–2318. welcomes—comments on this
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to delay implementation of this SUPPLEMENTARY INFORMATION: 22 CFR rulemaking, and will address relevant
extension of the temporary scheduling 51.3(b) provides that an ‘‘official comments in a final rule.
order. Therefore, in accordance with passport’’ may be issued to: An official
section 808(2) of the CRA, this final or employee of the U.S. government Regulatory Flexibility Act
order extending the temporary traveling abroad to carry out official The Department, in accordance with
scheduling order shall take effect duties; spouses and family members of the Regulatory Flexibility Act, 5 U.S.C.
immediately upon its publication. such persons; and, when authorized by 605(b), has reviewed this rule and, by
VerDate Sep<11>2014 15:07 May 14, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1](https://thefederalregister.org/doc/80_FR_27948/page/3.svg)
Document Created: 2018-02-21 10:27:20
Document Modified: 2018-02-21 10:27:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final order. | |
| Dates | This final order is effective May 15, 2015. | |
| Contact | John R. Scherbenske, Office of | |
| FR Citation | 80 FR 27854 |
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