[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16397-16398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07457]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-476]
Chemical Names of Previously Controlled Fentanyl-Related
Substances
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Notification of chemical names of previously controlled
substances.
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SUMMARY: The Drug Enforcement Administration (DEA) is providing
additional descriptive information with respect to five specific
substances already covered by a temporary scheduling order that
appeared in the Federal Register on February 6, 2018. That order placed
fentanyl-related substances temporarily in schedule I of the Controlled
Substances Act. The order further stated that if and when DEA
identifies a specific new substance that falls under the definition of
a fentanyl-related substance, the agency will publish in the Federal
Register, and on the agency website, the chemical name of such
substance. Consistent therewith, this document provides the chemical
names of five substances that fall within the definition of fentanyl-
related substances that were temporarily controlled under the
scheduling order issued February 6, 2018.
DATES: This notification has the same effective period as the temporary
scheduling order published on February 6, 2018 (83 FR 5188): February
6, 2018 through February 6, 2020.
FOR FURTHER INFORMATION CONTACT: Lynnette M. Wingert, Diversion Control
[[Page 16398]]
Division, Drug Enforcement Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-
6812.
SUPPLEMENTARY INFORMATION: On February 6, 2018, DEA issued an order
pursuant to 21 U.S.C. 811(h), which temporarily placed fentanyl-related
substances in schedule I of the Controlled Substances Act (CSA). 83 FR
5188. As defined in the order, fentanyl-related substances include any
substance not otherwise controlled in any schedule (i.e., not included
under any other Administration Controlled Substance Code Number) that
is structurally related to fentanyl by one or more of the following
modifications:
1. Replacement of the phenyl portion of the phenethyl group by any
monocycle, whether or not further substituted in or on the monocycle;
2. substitution in or on the phenethyl group with alkyl, alkenyl,
alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
3. substitution in or on the piperidine ring with alkyl, alkenyl,
alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro
groups;
4. replacement of the aniline ring with any aromatic monocycle
whether or not further substituted in or on the aromatic monocycle;
and/or
5. replacement of the N-propionyl group by another acyl group.
The order further stated that if and when DEA identifies a specific
new substance that falls under the definition of a fentanyl-related
substance, the agency will publish in the Federal Register, and on the
agency website, the chemical name of such substance. Consistent
therewith, DEA is hereby providing the chemical names of five
substances, which have been identified on the illicit market in the
United States, that fall within the existing definition of a fentanyl-
related substance:
N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-
fluorophenyl)propionamide (2'-fluoro ortho-fluorofentanyl);
N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide (ortho-
methyl acetylfentanyl);
N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide (beta'-phenyl
fentanyl; hydrocinnamoyl fentanyl);
N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide
(thiofuranyl fentanyl); and
(E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (crotonyl
fentanyl).
The five foregoing substances fall within the definition of
fentanyl-related substances as they are not otherwise listed under
another Administration Controlled Substance Code Number and are
structurally related to fentanyl by the following modifications:
2'-fluoro ortho-fluorofentanyl: Substitution on the phenethyl group
with a halo group and substitution on the aniline ring (meets
definition for modifications 2 and 4);
ortho-methyl acetylfentanyl: Substitution on the aniline ring and
replacement of the N-propionyl group with another acyl group (meets
definition for modifications 4 and 5);
beta'-phenyl fentanyl: Replacement of the N-propionyl group by
another acyl group (meets definition for modification 5);
thiofuranyl fentanyl: Replacement of the N-propionyl group by
another acyl group (meets definition for modification 5);
crotonyl fentanyl: Replacement of the N-propionyl group by another
acyl group (meets definition for modification 5).
It bears emphasis that, as DEA stated in the temporary scheduling
order for fentanyl-related substances, even in the absence of this
publication providing the chemical names of the foregoing five
substances that fall within the definition of a fentanyl-related
substance, these five substances (along with any others that might be
identified in the future) were controlled as of February 6, 2018 by
virtue of the temporary scheduling order that DEA issued on that date.
83 FR 5188.
Dated: April 3, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019-07457 Filed 4-18-19; 8:45 am]
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