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List of Subjects in 19 CFR Part 4 transmitted by the vessel operator to the DEPARTMENT OF JUSTICE Customs duties and inspection, Entry VRU as identified in paragraph (g) of Drug Enforcement Administration procedures, Repairs, Reporting and this section, so that it is received within recordkeeping requirements, Vessels. ten calendar days after arrival of the vessel. * * * 21 CFR Part 1308 Amendments to the Regulations (f) Time limit for submitting evidence [Docket No. DEA–490] For the reasons stated in the of cost. * * * If the entry is incomplete preamble, part 4 of the CBP regulations when submitted, evidence to make it Schedules of Controlled Substances: (19 CFR part 4) is amended as set forth complete must be received by the VRU Placement of Furanyl , 4- below. as identified in paragraph (g) of this Fluoroisobutyryl Fentanyl, Acryl section within 90 calendar days from Fentanyl, Tetrahydrofuranyl Fentanyl, PART 4—VESSELS IN FOREIGN AND the date of vessel arrival. and Ocfentanil in Schedule I DOMESTIC TRADES * * * The VRU may grant one 30-day AGENCY: Drug Enforcement ■ 1. The general authority citation for extension of time to submit final cost Administration, Department of Justice. evidence if a satisfactory written part 4 and the specific authority citation ACTION: Final order. for § 4.14 continue to read as follows: explanation of the need for an extension is received before the expiration of the Authority: 5 U.S.C. 301; 19 U.S.C. 66, SUMMARY: With the issuance of this final 1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. original 90-day submission period. order, the Acting Administrator of the 501, 60105. * * * Questions as to whether an Drug Enforcement Administration * * * * * extension should be granted may be maintains the placement of the referred to the Cargo Security, Carriers substances furanyl fentanyl [N-(1- Section 4.14 also issued under 19 U.S.C. & Restricted Merchandise Branch, Office 1466, 1498; 31 U.S.C. 9701. phenethylpiperidin-4-yl)-N- of Trade in CBP Headquarters by the phenylfuran-2-carboxamide], 4- * * * * * VRU. Any request for an extension fluoroisobutyryl fentanyl or para- ■ 2. Amend § 4.14 as follows: beyond a 30-day grant issued by the fluoroisobutyryl fentanyl [N-(4- ■ a. Revise the third and fifth sentences VRU must be submitted through that fluorophenyl)-N-(1-phenethylpiperidin- of paragraph (c); unit to the Cargo Security, Carriers & 4-yl)isobutyramide], acryl fentanyl or ■ b. Revise the fourth sentence of Restricted Merchandise Branch, Office acryloylfentanyl [N-(1- paragraph (d); of Trade, CBP Headquarters. * * * phenethylpiperidin-4-yl)-N- ■ c. Revise the fourth sentence of (g) Location and jurisdiction of vessel phenylacrylamide], tetrahydrofuranyl paragraph (e); repair unit port of entry. The VRU, fentanyl [N-(1-phenethylpiperidin-4-yl)- ■ d. Revise the second, fourth, seventh located in New Orleans, Louisiana, N-phenyltetrahydrofuran-2- and eighth sentences of paragraph (f); processes vessel repair entries received carboxamide], and ocfentanil [N-(2- ■ e. Revise paragraph (g); from all United States ports of arrival. fluorophenyl)-2-methoxy-N-(1- ■ f. Revise the eighth and the ninth phenethylpiperidin-4-yl)acetamide], sentences of paragraph (i)(1); * * * * * ■ g. Revise the fifth sentence of (i) General procedures for seeking including their isomers, esters, ethers, paragraph (i)(2); relief—(1) Applications for relief. *** salts, and salts of isomers, esters and ■ h. Revise the third sentence of Applications must be addressed and ethers, in schedule I of the Controlled paragraph (i)(4). submitted by the vessel operator to the Substances Act. This scheduling action The revisions read as follows: VRU and will be decided in that unit. discharges the United States obligations The VRU may seek the advice of the under the Single Convention on § 4.14 Equipment purchases for, and Narcotic Drugs (1961). This action repairs to, American vessels. Cargo Security, Carriers & Restricted Merchandise Branch, Office of Trade in continues to impose the regulatory * * * * * CBP Headquarters with regard to any controls and administrative, civil, and (c) Estimated duty deposit and bond specific item or issue which has not criminal sanctions applicable to requirements. * * * At the time the been addressed by clear precedent. schedule I controlled substances on vessel repair entry is submitted by the *** persons who handle (manufacture, vessel operator to the Vessel Repair Unit distribute, import, export, engage in (2) Additional evidence. * * * After a (VRU) as defined in paragraph (g) of this research or conduct instructional decision is made on an Application for section, that same identifying activities with, or possess), or propose Relief by the VRU, the applicant will be information must be included on the to handle, furanyl fentanyl, 4- notified of the right to protest any entry form. * * * CBP officials at the fluoroisobutyryl fentanyl, acryl fentanyl, adverse decision. port of arrival may consult the VRU as tetrahydrofuranyl fentanyl, and identified in paragraph (g) of this * * * * * ocfentanil. section or the staff of the Cargo Security, (4) Administrative protest. *** In DATES: Carriers & Restricted Merchandise particular, the applicable protest period Effective November 29, 2018. Branch, Office of Trade in CBP will begin on the date of the issuance of FOR FURTHER INFORMATION CONTACT: Headquarters in setting sufficient bond the decision giving rise to the protest as Kathy L. Federico, Regulatory Drafting amounts. * * * reflected on the relevant and Policy Section, Diversion Control (d) Declaration required. * * * The correspondence from the VRU. Division, Drug Enforcement Administration; Mailing Address: 8701 CBP port of arrival receiving either a * * * * * positive or negative vessel repair Morrissette Drive, Springfield, Virginia declaration or electronic equivalent will Dated: November 21, 2018. 22152; Telephone: (202) 598–6812. immediately forward it to the VRU as Kevin K. McAleenan, SUPPLEMENTARY INFORMATION: identified in paragraph (g) of this Commissioner, U.S. Customs and Border Legal Authority section. Protection. (e) Entry required. * * * The entry [FR Doc. 2018–25953 Filed 11–28–18; 8:45 am] Section 201(d)(1) of the Controlled must be presented or electronically BILLING CODE 9111–14–P Substances Act (CSA) (21 U.S.C.

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811(d)(1)) states that, if control of a 32453), tetrahydrofuranyl fentanyl (82 Laboratory Information System substance is required ‘‘by United States FR 49504), and ocfentanil (83 FR 4580), (NFLIS 1) and STARLiMS 2, there were obligations under international treaties, respectively, were temporarily placed in 8,516 drug exhibits containing furanyl conventions, or protocols in effect on schedule I of the CSA upon finding they fentanyl since 2015. For 4- October 27, 1970, the Attorney General pose an imminent hazard to the public fluoroisobutyryl fentanyl, law shall issue an order controlling such safety. Furanyl fentanyl, 4- enforcement submitted a total of 2,245 drug under the schedule he deems most fluoroisobutyryl fentanyl, acryl fentanyl, drug exhibits since 2016. The DEA has appropriate to carry out such tetrahydrofuranyl fentanyl, and also received reports of at least 62 obligations, without regard to the ocfentanil share pharmacological confirmed fatalities associated with 4- findings required by [section 201(a) (21 profiles similar to , fentanyl, fluoroisobutyryl fentanyl at the time of U.S.C. 811(a)] or section [202(b) (21 and other synthetic . Law the temporary order in 2017. NFLIS and U.S.C. 812(b)) of the Act] and without enforcement and public health reports STARLiMS reported a total of 2,054 regard to the procedures prescribed by demonstrate the illicit use and drug exhibits containing acryl fentanyl [section 201 (a) and (b) (21 U.S.C. 811(a) distribution of these substances, which since 2016. The DEA also received and (b)].’’ If a substance is added to one are available on the internet. Furanyl reports of at least 83 confirmed fatalities of the schedules of the Single fentanyl, 4-fluoroisobutyryl fentanyl, associated with acryl fentanyl occurring Convention on Narcotic Drugs (1961), acryl fentanyl, tetrahydrofuranyl in 2016 and 2017 in the United States. then, in accordance with article 3, fentanyl, and ocfentanil are all abused For tetrahydrofuranyl fentanyl, NFLIS paragraph 7 of the Convention, as a for their -like effects. Evidence and STARLiMS had a total of 23 drug signatory Member State, the United suggests the pattern of abuse of these reports since 2015 and there were two States is obligated to control the substances parallels that of and confirmed fatalities in the United States substance under its national drug prescription opioid . Because at the time of the temporary scheduling control legislation, the CSA. The furanyl fentanyl, 4-fluoroisobutyryl action in 2017. There were no reports in Attorney General has delegated fentanyl, acryl fentanyl, NFLIS and STARLiMS for ocfentanil at scheduling authority under 21 U.S.C. tetrahydrofuranyl fentanyl, and the time of this final order. However, 811 to the Administrator of the Drug ocfentanil can be obtained through ocfentanil was first reported in Belgium Enforcement Administration (DEA). 28 illicit sources, information on their in 2015 and the exposure resulted in CFR 0.100. purity and potency are unknown; thus one death; since then, at least two these substances pose a significant additional deaths in Belgium and Background adverse health risk to the users. Switzerland related to ocfentanil have On May 15, 2018, the Secretary- Similar to morphine and fentanyl, been reported. It is likely that the General of the United Nations advised furanyl fentanyl, 4-fluoroisobutyryl prevalence of these substances in the Secretary of State of the United fentanyl, acryl fentanyl, opioid-related emergency room States, that during the 61st session of tetrahydrofuranyl fentanyl, and admissions and deaths is underreported the Commission on Narcotic Drugs, ocfentanil act as m- as standard immunoassays may not furanyl fentanyl, 4-fluoroisobutyryl agonists. Data obtained from preclinical differentiate these substances from fentanyl, acryl fentanyl, studies (in vitro and in vivo) fentanyl. tetrahydrofuranyl fentanyl, and demonstrate that furanyl fentanyl, 4- The DEA is not aware of any claims ocfentanil were added to Schedule I of fluoroisobutyryl fentanyl, acryl fentanyl, or any medical or scientific literature the Single Convention on Narcotic tetrahydrofuranyl fentanyl, and suggesting that furanyl fentanyl, 4- Drugs (1961). This letter was prompted ocfentanil produce pharmacological fluoroisobutyryl fentanyl, acryl fentanyl, by a decision at the 61st session of the effects similar to fentanyl and tetrahydrofuranyl fentanyl, and Commission on Narcotic Drugs in morphine. Specifically, in a drug ocfentanil have a currently accepted March 2018 to schedule furanyl discrimination study in animals, a medical use in treatment in the United fentanyl, 4-fluoroisobutyryl fentanyl, behavioral test used to determine States. In addition, the Department of acryl fentanyl, tetrahydrofuranyl subjective effects and pharmacological Health and Human Services (HHS) fentanyl, and ocfentanil under Schedule similarity between a test substance and advised DEA, by letters dated July 8, I of the Single Convention on Narcotic a known drug of abuse, ocfentanil 2016, January 17, 2017, May 2, 2017, Drugs. As a signatory Member State to substituted fully for morphine. July 14, 2017, and November 8, 2017, the Single Convention on Narcotic Additional data obtained from in vivo that there were no investigational new Drugs, the United States is obligated to (in animal) studies demonstrated that drug applications or approved new drug control furanyl fentanyl, 4- furanyl fentanyl, 4-fluoroisobutyryl applications for furanyl fentanyl, 4- fluoroisobutyryl fentanyl, acryl fentanyl, fentanyl, acryl fentanyl, fluoroisobutyryl fentanyl, acryl fentanyl, tetrahydrofuranyl fentanyl, and tetrahydrofuranyl fentanyl, and tetrahydrofuranyl fentanyl, and ocfentanil under its national drug ocfentanil, similar to fentanyl and ocfentanil, respectively. control legislation, the CSA, in the morphine, produced an effect The DEA requested that HHS conduct schedule deemed most appropriate to which was attenuated by , an a scientific and medical evaluation and carry out its international obligations. opioid receptor antagonist. 21 U.S.C. 811(d)(1). Since 2015, furanyl fentanyl has been 1 The National Forensic Laboratory Information encountered by law enforcement and System (NFLIS) is a national forensic laboratory Furanyl Fentanyl, 4-Fluoroisobutyryl public health officials and the adverse reporting system that systematically collects results Fentanyl, Acryl Fentanyl, health effects and outcomes are from drug chemistry analyses conducted by State and local forensic laboratories in the United States. Tetrahydrofuranyl Fentanyl, and demonstrated by fatal overdose cases. At Ocfentanil NFLIS data were queried on October 24, 2018. the time of the temporary scheduling NFLIS is still reporting data for January–July 2018 On November 29, 2016, May 3, 2017, action for furanyl fentanyl in 2016, there due to normal lag time in reporting. July 14, 2017, October 26, 2017, and were at least 128 confirmed fatalities 2 STARLiMS is a laboratory information management system that systematically collects February 1, 2018, furanyl fentanyl (81 associated with the misuse and/or abuse results from drug chemistry analyses conducted by FR 85873), 4-fluoroisobutyryl fentanyl of furanyl fentanyl in the United States. DEA laboratories. STARLiMS data were queried on (82 FR 20544), acryl fentanyl (82 FR According to the National Forensic October 24, 2018.

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a scheduling recommendation for Requirements for Handling 6. Inventory. Every DEA registrant furanyl fentanyl (by letter dated March who possesses any quantity of furanyl Furanyl fentanyl, 4-fluoroisobutyryl 1, 2017), 4-fluoroisobutyryl fentanyl (by fentanyl, 4-fluoroisobutyryl fentanyl, fentanyl, acryl fentanyl, letter dated August 28, 2017), acryl acryl fentanyl, tetrahydrofuranyl tetrahydrofuranyl fentanyl, and fentanyl (by letter dated April 18, 2018), fentanyl, and ocfentanil was required to ocfentanil have been controlled as keep an inventory of all stocks of these and tetrahydrofuranyl fentanyl (letter schedule I controlled substances since dated April 18, 2018). A request for substances on hand as of November 29, November 29, 2016, May 3, 2017, July 2016, May 3, 2017, July 14, 2017, ocfentanil had not previously been 14, 2017, October 26, 2017, and submitted. Regardless of these requests October 26, 2017, and February 1, 2018, February 1, 2018, respectively. With respectively, pursuant to 21 U.S.C. 827 and any potential responses from HHS, publication of this final order, furanyl the DEA is not required under 21 U.S.C. and 958, and in accordance with 21 CFR fentanyl, 4-fluoroisobutyryl fentanyl, 1304.03, 1304.04, and 1304.11. 811(d)(1) to make any findings required acryl fentanyl, tetrahydrofuranyl by 21 U.S.C. 811(a) or 812(b), and is not 7. Records and Reports. Every DEA fentanyl, and ocfentanil remain subject registrant must maintain records and required to follow the procedures to the CSA’s schedule I regulatory submit reports with respect to furanyl prescribed by 21 U.S.C. 811(a) and (b). controls and administrative, civil, and fentanyl, 4-fluoroisobutyryl fentanyl, By letter dated June 30, 2018, the Acting criminal sanctions applicable to the acryl fentanyl, tetrahydrofuranyl Administrator advised HHS that the manufacture, distribution, importation, fentanyl, and ocfentanil pursuant to 21 DEA no longer requires scientific and exportation, engagement in research, U.S.C. 827 and 958, and in accordance medical evaluations and scheduling and conduct of instructional activities with 21 CFR parts 1304 and 1312. recommendations for furanyl fentanyl, with, and possession of schedule I 8. Order Forms. All DEA registrants 4-fluoroisobutyryl fentanyl, acryl controlled substances including the who distribute furanyl fentanyl, 4- fentanyl, tetrahydrofuranyl fentanyl, as following: fluoroisobutyryl fentanyl, acryl fentanyl, well as, ocfentanil, although not 1. Registration. Any person who tetrahydrofuranyl fentanyl, and previously requested. The HHS handles (manufactures, distributes, ocfentanil must comply with order form recommendations were no longer imports, exports, engages in research or requirements pursuant to 21 U.S.C. 828 required due to the placement of those conducts instructional activities with, or and in accordance with 21 CFR part substances into Schedule I of the Single possesses), or who desires to handle, 1305. Convention on Narcotic Drugs (1961) in furanyl fentanyl, 4-fluoroisobutyryl 9. Importation and Exportation. All March 2018. Therefore, consistent with fentanyl, acryl fentanyl, importation and exportation of furanyl the framework of 21 U.S.C. 811(d), DEA tetrahydrofuranyl fentanyl, and fentanyl, 4-fluoroisobutyryl fentanyl, concludes that furanyl fentanyl, 4- ocfentanil must be registered with the acryl fentanyl, tetrahydrofuranyl fluoroisobutyryl fentanyl, acryl fentanyl, DEA to conduct such activities pursuant fentanyl, and ocfentanil must be in tetrahydrofuranyl fentanyl, and to 21 U.S.C. 822, 823, 957, and 958 and compliance with 21 U.S.C. 952, 953, ocfentanil have no currently accepted in accordance with 21 CFR parts 1301 957, and 958, and in accordance with 21 medical use in treatment in the United and 1312. CFR part 1312. 10. Liability. Any activity involving States and are most appropriately 2. Disposal of stocks. Furanyl furanyl fentanyl, 4-fluoroisobutyryl placed (as it has been since May 2017, fentanyl, 4-fluoroisobutyryl fentanyl, fentanyl, acryl fentanyl, July 2017, October 2017, November acryl fentanyl, tetrahydrofuranyl tetrahydrofuranyl fentanyl, and 2017, and February 2018, respectively) fentanyl and ocfentanil must be ocfentanil not authorized by, or in in schedule I of the CSA. Further, while disposed of in accordance with 21 CFR violation of the CSA, is unlawful, and the DEA temporarily scheduled these part 1317, in addition to all other may subject the person to substances under 21 CFR 1308.11(h), a applicable federal, state, local, and tribal administrative, civil, and/or criminal subsection reserved for the temporary laws. sanctions. listing of substances subject to 3. Security. Furanyl fentanyl, 4- emergency scheduling, this order moves fluoroisobutyryl fentanyl, acryl fentanyl, Regulatory Analyses these substances to 21 CFR 1308.11(b). tetrahydrofuranyl fentanyl, and Executive Order 12866, 13563, and As explained above, since control is ocfentanil are subject to schedule I 13771, Regulatory Planning and Review, required under the Single Convention security requirements and must be Improving Regulation and Regulatory on Narcotic Drugs (1961), the DEA will handled and stored pursuant to 21 Review, and Reducing Regulation and not be initiating regular rulemaking U.S.C. 821, 823, 871(b), and in Controlling Regulatory Costs proceedings to schedule these accordance with 21 CFR 1301.71– substances pursuant to 21 U.S.C. 811(a). 1301.93. This action is not a significant regulatory action as defined by Conclusion 4. Labeling and packaging. All labels, Executive Order 12866 (Regulatory labeling, and packaging for commercial Planning and Review), section 3(f), and In order to meet the United States’ containers of furanyl fentanyl, 4- the principles reaffirmed in Executive obligations under the Single Convention fluoroisobutyryl fentanyl, acryl fentanyl, Order 13563 (Improving Regulation and on Narcotic Drugs (1961) and because tetrahydrofuranyl fentanyl, and Regulatory Review), and, accordingly, furanyl fentanyl, 4-fluoroisobutyryl ocfentanil must be in compliance with this action has not been reviewed by the fentanyl, acryl fentanyl, 21 U.S.C. 825, 958(e), and be in Office of Management and Budget tetrahydrofuranyl fentanyl, and accordance with 21 CFR part 1302. (OMB). ocfentanil have no currently accepted 5. Quota. A quota assigned pursuant This order is not an Executive Order medical use in treatment in the United to 21 U.S.C. 826 and in accordance with 13771 regulatory action. States, the Acting Administrator of the 21 CFR part 1303 is required in order to Drug Enforcement Administration has manufacture furanyl fentanyl, 4- Executive Order 12988, Civil Justice determined that these substances should fluoroisobutyryl fentanyl, acryl fentanyl, Reform remain in schedule I of the Controlled tetrahydrofuranyl fentanyl, and This action meets the applicable Substances Act. ocfentanil. standards set forth in sections 3(a) and

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3(b)(2) of Executive Order 12988 to that the United States comply with its ■ c. Redesignate paragraphs (b)(46) eliminate drafting errors and ambiguity, obligations under the specified through (b)(56) as (b)(50) through minimize litigation, provide a clear legal international agreements. (b)(60); standard for affected conduct, and ■ d. Redesignate paragraphs (b)(32) Regulatory Flexibility Act promote simplification and burden through (b)(45) as (b)(35) through reduction. The Regulatory Flexibility Act (RFA) (b)(48); (5 U.S.C. 601–612) applies to rules that ■ e. Redesignate paragraphs (b)(4) Executive Order 13132, Federalism are subject to notice and comment through (31) as (b)(5) through (32); This action does not have federalism under section 553(b) of the APA or any ■ f. Add new paragraphs (b)(4), (b)(33), implications warranting the application other law. As explained above, the CSA (b)(34), (b)(49), and (b)(61); of Executive Order 13132. This action exempts this final order from notice and ■ g. Remove and reserve paragraphs does not have substantial direct effects comment. Consequently, the RFA does (h)(5), (h)(13), (h)(14), (h)(20), and on the States, on the relationship not apply to this action. (h)(29). between the national government and Paperwork Reduction Act of 1995 The revision and additions to read as the States, or on the distribution of follows: power and responsibilities among the This action does not impose a new various levels of government. collection of information requirement § 1308.11 Schedule I. under the Paperwork Reduction Act of * * * * * Executive Order 13175, Consultation 1995. 44 U.S.C. 3501–3521. An agency (b) * * * and Coordination With Indian Tribal may not conduct or sponsor, and a (4) Acryl fentanyl (N-(1- Governments person is not required to respond to, a phenethylpiperidin-4-yl)-N- This action does not have tribal collection of information unless it phenylacrylamide; other name: implications warranting the application displays a currently valid OMB control acryloylfentanyl) . . . 9811 of Executive Order 13175. The action number. * * * * * does not have substantial direct effects Congressional Review Act (33) 4-Fluoroisobutyryl fentanyl (N-(4- on one or more Indian tribes, on the fluorophenyl)-N-(1-phenethylpiperidin- relationship between the Federal This action is not a major rule as 4-yl)isobutyramide; other name: para- government and Indian tribes, or on the defined by the Congressional Review fluoroisobutyryl fentanyl) . . . 9824 distribution of power and Act (CRA), 5 U.S.C. 804. This order will (34) Furanyl fentanyl (N-(1- responsibilities between the Federal not result in: ‘‘an annual effect on the phenethylpiperidin-4-yl)-N- government and Indian tribes. economy of $100,000,000 or more; a phenylfuran-2-carboxamide) . . . 9834 major increase in costs or prices for Administrative Procedure Act consumers, individual industries, * * * * * The CSA provides for an expedited Federal, State, or local government (49) Ocfentanil (N-(2-fluorophenyl)-2- scheduling action where control is agencies, or geographic regions; or methoxy-N-(1-phenethylpiperidin-4- required by the United States significant adverse effects on yl)acetamide) . . . 9838 obligations under international treaties, competition, employment, investment, * * * * * conventions, or protocols. 21 U.S.C. productivity, innovation, or on the (61) Tetrahydrofuranyl fentanyl (N-(1- 811(d)(1). If control is required pursuant ability of United States-based phenethylpiperidin-4-yl)-N- to such international treaty, convention, enterprises to compete with foreign phenyltetrahydrofuran-2-carboxamide) or protocol, the Attorney General must based enterprises in domestic and . . . 9843 issue an order controlling such drug export markets.’’ However, pursuant to * * * * * under the schedule he deems most the CRA, the DEA has submitted a copy Dated: November 26, 2018. appropriate to carry out such of this final order to both Houses of Uttam Dhillon, obligations, without regard to the Congress and to the Comptroller Acting Administrator. findings or procedures otherwise General. required for scheduling actions. Id. [FR Doc. 2018–26045 Filed 11–28–18; 8:45 am] To the extent that 21 U.S.C. 811(d)(1) List of Subjects in 21 CFR Part 1308 BILLING CODE 4410–09–P directs that if control is required by the Administrative practice and United States obligations under procedure, Drug traffic control, international treaties, conventions, or Reporting and recordkeeping DEPARTMENT OF HOMELAND protocols in effect on October 27, 1970, requirements. SECURITY scheduling actions shall be issued by For the reasons set out above, the DEA Coast Guard order (as compared to scheduling amends 21 CFR part 1308 as follows: pursuant to 21 U.S.C. 811(a) by rule), the DEA believes that the notice and PART 1308—SCHEDULES OF 33 CFR Part 165 comment requirements of section 553 of CONTROLLED SUBSTANCES [Docket Number USCG–2018–0917] the Administrative Procedure Act (APA), 5 U.S.C. 553, do not apply to this ■ 1. The authority citation for part 1308 RIN 1625–AA11 scheduling action. In the alternative, continues to read as follows: Regulated Navigation Area; Upper even if this action does constitute ‘‘rule Authority: 21 U.S.C. 811, 812, 871(b), Mississippi River, Sabula Railroad making’’ under 5 U.S.C. 551(5), this 956(b), unless otherwise noted. Bridge, Mile Marker 535, Sabula, IA action is exempt from the notice and ■ 2. In § 1308.11: comment requirements of 5 U.S.C. 553 ■ a. Remove from paragraph (b) AGENCY: Coast Guard, DHS. pursuant to 21 U.S.C. 553(a)(1) as an introductory text the term ‘‘(b)(34)’’ and ACTION: Temporary final rule. action involving a foreign affairs add in its place the term ‘‘(b)(39)’’; function of the United States given that ■ b. Redesignate paragraphs (b)(57) SUMMARY: The Coast Guard established this action is being done in accordance through (b)(60) as (b)(62) through a temporary regulated navigation area with 21 U.S.C. 811(d)(1)’s requirement (b)(65); for certain navigable waters of the

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