[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