[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2448-2449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01470]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-305]


Control of Immediate Precursor Used in the Illicit Manufacture of 
Fentanyl as Schedule II Controlled Substances; Correction

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule.

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SUMMARY: On June 29, 2010, the Drug Enforcement Administration (DEA) 
placed the fentanyl immediate precursor chemical ``4-anilino-N-
phenethyl-4-piperidine,'' (CASRN 21409-26-7) into Schedule II of the 
Controlled Substances Act. It has come to DEA's attention that the drug 
name listed in the final rule contained a minor error and the drug name 
should have been ``4-anilino-N-phenethylpiperidine (ANPP).'' This 
document corrects that listing in the Code of Federal Regulations. 
Because this change is ministerial, the DEA has determined for good 
cause that public notice and comment is unnecessary under the 
Administrative Procedure Act (APA) and is implementing this change by 
means of a final rule without notice and comment.

DATES: Effective February 7, 2019.

FOR FURTHER INFORMATION CONTACT: Kathy L. Federico, Regulatory Drafting 
Section, Diversion Control Division, Drug Enforcement Administration; 
Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; 
Telephone: (202) 598-6812.

SUPPLEMENTARY INFORMATION: On June 29, 2010, the DEA designated ANPP as 
an immediate precursor for the Schedule II controlled substance 
fentanyl under the definition set forth in 21 U.S.C. 802(23). 75 FR 
37295 (Jun. 29, 2010). ANPP is the immediate chemical intermediary in 
the synthesis process used by clandestine laboratory operators for the 
illicit manufacture of the Schedule II controlled substance fentanyl.
    In the rulemaking, the DEA inadvertently introduced an error into 
the drug name. This rulemaking is intended to correct that ministerial 
error.
    Both the notice of proposed rulemaking and the final rule 
referenced the chemical name as ``4-anilino-N-phenethyl-4-piperidine 
(ANPP)'' and ``CASRN 21409-26-7'' (Chemical Abstract Service Registry 
Number).\1\ 73 FR 19175, 19176 (Apr. 9, 2008); 75 FR 37295, 37296 (Jun. 
29, 2010). While the abbreviation ANPP and the Chemical Abstract 
Service Registry Number 21409-26-7 correctly identified the compound, 
the name ``4-anilino-N-phenethyl-4-piperidine'' is incorrect and is 
without meaning. The correct

[[Page 2449]]

name is ``4-anilino-N-phenethylpiperidine''.
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    \1\ Chemical Abstract Service Registry Numbers are used to 
identify specific compounds. Chemicals are often identified by a 
wide variety of names, which are generated according to 
international/regional naming conventions relating to chemical 
formula and chemical structure. Chemical Abstract Service Registry 
Numbers link a specific chemical compound across various 
nomenclatures (naming schemes) and are useful in definitively 
identifying a particular compound. Synonymous names are under one 
CASRN number.
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    There is no existing chemical compound named ``4-anilino-N-
phenethyl-4-piperidine.'' While chemists understood which compound was 
being controlled by the DEA due to the abbreviation ANPP and specific 
CASRN number, DEA is now correcting the listing in the Code of Federal 
Regulations (CFR) by revising 21 CFR 1308.12 to provide the correct 
name.

Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires that 
agencies, prior to issuing a new rule, publish a notice of proposed 
rulemaking in the Federal Register. The APA also provides, however, 
that agencies may be exempt from this requirement when ``the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefore in the rules issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' \2\
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    \2\ 5 U.S.C. 553(b)(B).
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    The name ``4-anilino-N-phenethyl-4-piperidine'' is without meaning 
and no substance exists by that chemical name. The inclusion of the ``-
4'' in the middle of the name is nonsensical. Because the correct 
Chemical Abstract Service Registry Number and abbreviation ``ANPP'' 
were given in the original rulemaking, chemists have understood which 
compound has been (and remains) controlled by DEA. There is no change 
as to what substance is controlled. Public notice and comment is thus 
unnecessary.
    For the same reasons that the DEA has determined that public notice 
and comment is unnecessary, the DEA also finds good cause to adopt an 
effective date that would be less than 30 days after the publication in 
the Federal Register pursuant to the APA. 5 U.S.C. 553(d). Accordingly, 
this amendment will be effective as of the date of publication in the 
Federal Register.

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. Section 1308.12 is amended by revising paragraph (g)(3) to read as 
follows:


Sec.  1308.12  Schedule II.

* * * * *
    (g) * * *
    (3) Immediate precursor to fentanyl:
    (i) 4-anilino-N-phenethylpiperidine (ANPP) . . . . . . . . . 8333
    (ii) [Reserved]

    Dated: December 14, 2018.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019-01470 Filed 2-6-19; 8:45 am]
BILLING CODE 4410-09-P