7582 Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Rules and Regulations 

8. Importation and Exportation. All 

importation and exportation of PB–22, 

5F–PB–22, AB–FUBINACA, or ADB– 

PINACA must be in compliance with 21 

U.S.C. 952, 953, 957, 958, and in 

accordance with 21 CFR part 1312 as of 

February 10, 2014. 

9. Quota. Only registered 

manufacturers may manufacture PB–22, 

5F–PB–22, AB–FUBINACA, or ADB– 

PINACA in accordance with a quota 

assigned pursuant to 21 U.S.C. 826 and 

in accordance with 21 CFR part 1303. 

10. Criminal Liability. Any activity 

involving PB-22, 5F-PB-22, ABFUBINACA, or ADB-PINACA not 

authorized by, or in violation of the 

CSA, occurring as of February 10, 2014 

is unlawful, and may subject the person 

to administrative, civil, and/or criminal 

sanctions. 

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. Such an order may not 

be issued before the expiration of 30 

days from (1) the publication of a notice 

in the Federal Register of the intention 

to issue such order and the grounds 

upon which such order is to be issued, 

and (2) the date that notice of a 

proposed temporary scheduling order is 

transmitted to the Assistant Secretary of 

HHS. 21 U.S.C. 811(h)(1). 

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, 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 temporary scheduling 

action. In the alternative, even assuming 

that this action might be subject to 

section 553 of the APA, the Deputy 

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 

issuance of temporary scheduling orders 

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 temporary 

scheduling action final order 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 schedule these 

substances immediately because they 

pose a public health risk. This 

temporary scheduling action is 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 

from new or designer drugs or abuse of 

those drugs. 21 U.S.C. 811(h) exempts 

the temporary scheduling order from 

standard notice and comment 

rulemaking procedures to ensure that 

the process moves swiftly. For the same 

reasons that underlie 21 U.S.C. 811(h), 

that is, the DEA’s need to move quickly 

to place these substances into schedule 

I because they pose a threat to public 

health, it would be contrary to the 

public interest to delay implementation 

of the temporary scheduling order. 

Therefore, in accordance with section 

808(2) of the CRA, this order shall take 

effect immediately upon its publication. 

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 

■ 1. The authority citation for 21 CFR 

part 1308 continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 

unless otherwise noted. 

■ 2. Amend § 1308.11 by adding 

paragraphs (h)(15) through (h)(18) to 

read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(15) Quinolin-8-yl 1-pentyl-1Hindole-3-carboxylate, its optical, 

positional, and geometric isomers, salts 

and salts of isomers—7222 (Other 

names: PB-22; QUPIC) 

(16) Quinolin-8-yl 1-(5-fluoropentyl)- 

1H-indole-3-carboxylate, its optical, 

positional, and geometric isomers, salts 

and salts of isomers—7225 (Other 

names: 5-fluoro-PB-22; 5F-PB-22) 

(17) N-(1-amino-3-methyl-1-oxobutan2-yl)-1-(4-fluorobenzyl)-1H-indazole-3- 

carboxamide, its optical, positional, and 

geometric isomers, salts and salts of 

isomers—7012 (Other names: ABFUBINACA) 

(18) N-(1-amino-3,3-dimethyl-1- 

oxobutan-2-yl)-1-pentyl-1H-indazole-3- 

carboxamide, its optical, positional, and 

geometric isomers, salts and salts of 

isomers—7035 (Other names: ADBPINACA) 

Dated: February 5, 2014. 

Thomas M. Harrigan, 

Deputy Administrator. 

[FR Doc. 2014–02848 Filed 2–7–14; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 41 

[Public Notice 8627] 

RIN 1400–AD29 

Visas: Documentation of 

Nonimmigrants Under the Immigration 

and Nationality Act, as Amended; TN 

Visas From NAFTA Countries 

AGENCY: State Department. 

ACTION: Final rule. 

SUMMARY: The Department of State 

amends its regulation pertaining to The 

North American Free Trade Agreement 

(NAFTA), by removing the petition 

requirement for citizens of Mexico 

applying for nonimmigrant visa 

classification as NAFTA professionals. 

The rule reflects changes to 

documentary requirements authorized 

under the Immigration and Nationality 

Act, in implementation of NAFTA. 


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Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Rules and Regulations 7583 

DATES: This rule is effective February 

10, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Paul-Anthony L. Magadia, U.S. 

Department of State, Office of 

Legislation and Regulations, CA/VO/L/

R, 600 19th Street NW., SA–17, Room 

12–526B, Washington, DC 20522, 202– 

485–7641 or magadiapl@state.gov 

SUPPLEMENTARY INFORMATION: The 

United States, Canada, and Mexico 

entered into The North American Free 

Trade Agreement, (NAFTA) (Section D 

of Annex 1603) in 1994, following 

enactment of the NAFTA 

Implementation Act (19 U.S.C. 21). 

NAFTA includes provisions for the 

entry of certain citizens of each 

respective signatory country into the 

country of either of the two others as 

‘‘professionals.’’ To gain entry as 

‘‘professionals,’’ such citizens must 

meet the qualification criteria for a 

profession listed in Appendix 1603.D.1, 

and be seeking temporary entry to 

engage in a business activity pursuant to 

that profession. 

Section 214(e)(2) of the Immigration 

and Nationality Act (INA) provides for 

a citizen of Canada or Mexico, and the 

spouse and children, if accompanying 

or following to join, to be treated as if 

seeking classification, or classifiable, as 

a nonimmigrant under INA section 

101(a)(15). Section 214(e)(3) of the INA 

incorporates commitments made in 

NAFTA Appendix 1603.D.4, directing 

the Attorney General to establish an 

annual numerical limit for citizens of 

Mexico seeking temporary entry to 

engage in such business activity in the 

United States. INA section 214(e)(4) 

establishes conditions to be satisfied 

before the Secretary of Homeland 

Security, as successor to the Attorney 

General, may eliminate the numerical 

limit. At midnight, on December 31, 

2003, the Secretary exercised this 

authority, and, as of January 1, 2004, 

eliminated the limitation of 5,500 and 

the requirement for a petition, which 

was needed solely for purposes of 

enforcing the limitation. This change to 

22 CFR part 41 will provide consistency 

in the regulations of both departments 

governing temporary entry of NAFTA 

professionals. 

A citizen of Mexico wishing to come 

to the United States in TN classification 

no longer needs an approved petition to 

meet the qualification requirements, but 

may apply directly to the embassy or 

consulate abroad for a visa. The 

consular officer will adjudicate 

eligibility for TN classification and, 

upon approval and issuance of a visa, 

the applicant may apply to the 

Department of Homeland Security for 

admission to the United States under 

TN status. 

Regulatory Findings 

Administrative Procedure Act 

The Department of State is of the 

opinion that a rulemaking that 

implements treaty provisions (in this 

case, NAFTA) is a foreign affairs 

function of the United States 

Government and is exempt from 

sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act. Since this rule is exempt 

from 5 U.S.C. 553, the provisions of 

section 553(d) do not apply to this 

rulemaking. 

In addition, this rulemaking conforms 

the Department of State rule to the 

corresponding rule administered by the 

Department of Homeland Security, 8 

CFR 214.6(e). This eliminates 

ambiguity; therefore, a notice and 

comment period for this rule would be 

impractical and unnecessary. This rule 

is effective upon publication. 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

Because this rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553, it does not require analysis 

under the Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1532, generally 

requires agencies to prepare a statement 

before proposing any rule that may 

result in an annual expenditure of $100 

million or more by State, local, or tribal 

governments, or by the private sector. 

This rule will not result in any such 

expenditure, nor will it significantly or 

uniquely affect small governments. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based companies to 

compete with foreign-based companies 

in domestic and import markets. 

Executive Order 12866 

The Department of State has reviewed 

this rule to ensure its consistency with 

the regulatory philosophy and 

principles set forth in Executive Order 

12866 and has determined that the 

benefits of this final regulation justify its 

costs. The Department of State does not 

consider this rule to be an economically 

significant action within the scope of 

section 3(f)(1) of the Executive Order, 

since it is not likely to have an annual 

effect on the economy of $100 million 

or more or to adversely affect in a 

material way the economy, a sector of 

the economy, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities. 

Executive Orders 12372 and 13132: 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the rule 

in light of sections 3(a) and 3(b)(2) of 

Executive Order No. 12988 to eliminate 

ambiguity, minimize litigation, establish 

clear legal standards, and reduce 

burden. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 41 

Aliens, Immigration, Nonimmigrant 

Visas. 

For the reasons stated in the 

preamble, 22 CFR part 41 is amended as 

follows: 

PART 41—[AMENDED] 

■ 1. The authority citation for part 41 

continues to read as follows: 

Authority: 8 U.S.C. 1104; Pub. L. 105–277, 

112 Stat. 2681–795 through 2681–801; 8 

U.S.C. 1185 note (section 7209 of Pub. L. 

108–458, as amended by section 546 of Pub. 

L. 109–295). 

■ 2. Section 41.59 is amended by 

revising paragraphs (a)(2), (a)(3), and (b) 

and removing paragraph (a)(4). 

The revisions read as follows: 

§ 41.59 Professionals under the North 

American Free Trade Agreement. 

(a) * * * 

(2) The alien shall have presented to 

the consular officer sufficient evidence 

of an offer of employment in the United 


emcdonald on DSK67QTVN1PROD with RULES
7584 Federal Register / Vol. 79, No. 27 / Monday, February 10, 2014 / Rules and Regulations 

States requiring employment of a person 

in a professional capacity consistent 

with NAFTA Chapter 16 Annex 1603 

Appendix 1603.D.1 and sufficient 

evidence that the alien possesses the 

credentials of that profession as listed in 

said appendix; or 

(3) The alien is the spouse or child of 

an alien so classified in accordance with 

paragraph (a)(2) of this section and is 

accompanying or following to join the 

principal alien. 

(b) Visa validity. The period of 

validity of a visa issued pursuant to 

paragraph (a) of this section may not 

exceed the period established on a 

reciprocal basis. 

* * * * * 

Dated: January 22, 2014. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2014–02674 Filed 2–7–14; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0037] 

Drawbridge Operation Regulation; 

Bishop Cut, Near Stockton, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the San Joaquin 

County highway bridge, across Bishop 

Cut, mile 1.0 near Stockton, CA. The 

deviation is necessary to allow PG&E 

Company to temporarily interrupt 

electric service to the area while 

installing new overhead equipment. 

This deviation allows the bridge to 

remain in the closed-to-navigation 

position during the deviation period. 

DATES: This deviation is effective from 

8 a.m. to 4 p.m. on February 12, 2014. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–0037], is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email David H. 

Sulouff, Chief, Bridge Section, Eleventh 

Coast Guard District; telephone 510– 

437–3516, email David.H.Sulouff@

uscg.mil. If you have questions on 

viewing the docket, call Cheryl Collins, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

County of San Joaquin Public Works 

Department has requested a temporary 

change to the operation of the San 

Joaquin County highway bridge, mile 

1.0, over Bishop Cut, near Stockton, CA. 

The drawbridge navigation span 

provides approximately 6 feet vertical 

clearance above Mean High Water in the 

closed-to-navigation position. In 

accordance with 33 CFR 117.143, the 

draw opens on signal if at least 12 hours 

notice is given to the San Joaquin 

County Department of Public Works at 

Stockton. Navigation on the waterway is 

commercial and recreational. 

The drawspan will be secured in the 

closed-to-navigation position from 8 

a.m. to 4 p.m. on February 12, 2014 to 

allow PG&E Company to install new 

overhead equipment in the vicinity. 

This temporary deviation has been 

coordinated with the waterway users. 

No objections to the proposed 

temporary deviation were raised. 

Vessels able to pass through the 

bridge in the closed position may do so 

at anytime. The bridge will not be able 

to open for emergencies, and 

Disappointment Slough can be used as 

an alternate route for vessels unable to 

pass through the bridge in the closed 

position. The Coast Guard will also 

inform the users of the waterways 

through our Local and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge so that 

vessels can arrange their transits to 

minimize any impact caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: January 29, 2014. 

D.H. Sulouff, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2014–02815 Filed 2–7–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number-USCG–2013–0994] 

RIN 1625–AA87 

Security Zone; Mississippi River, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Captain of the Port of 

New Orleans (COTP New Orleans), 

under the authority of the Magnuson 

Act, established a Moving Security Zone 

on the Mississippi river from mile 

marker 90.0 to mile marker 106.0 above 

head of passes (AHP), extending 100 

yards in all directions from vessels 

being escorted by one or more Coast 

Guard asset or other federal, state, or 

local law enforcement agency assets. 

The COTP New Orleans will inform the 

public of the existence or status of the 

security zones around escorted vessels 

in the regulated area by Marine Safety 

Information Bulletins or Broadcast 

Notice to Mariners. This moving 

security zone is necessary to protect 

vessels deemed to be in need of escort 

protection by the COTP New Orleans for 

security reasons. 

DATES: This rule is effective in the 

Federal Register on February 10, 2014 

and effective with actual notice for 

purposes of enforcement on December 

31, 2013 through April 14, 2014. 

ADDRESSES: Documents indicated in this 

preamble are parts of docket [USCG– 

2013–0994] and are available online at 

www.regulations.gov. They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Lieutenant Commander 

(LCDR) Kelly Denning, Sector New 

Orleans, at (504) 365–2392 or 

Kelly.K.Denning@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl F. Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

AHP Above Head of Passes 

COTP Captain of the Port 


emcdonald on DSK67QTVN1PROD with RULES