Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Proposed Rules 67171 

scheduling order is not subject to the 

notice and comment requirements of 

section 553 of the APA, the DEA notes 

that in accordance with 21 U.S.C. 

811(h)(4), the Acting Administrator took 

into consideration comments submitted 

by the Assistant Secretary in response to 

the notice that DEA transmitted to the 

Assistant Secretary pursuant to section 

811(h)(4). 

Further, the DEA believes that this 

temporary scheduling action 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. 

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. 

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, the DEA 

proposes to amend 21 CFR part 1308 as 

follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 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. 

■ 2. In § 1308.11, add paragraphs (h)(37) 

through (41) to read as follows: 

§ 1308.11 Schedule I 

* * * * * 

(h) * * * 

(37) thyl 2-(1-(5-fluoropentyl)-1Hindazole-3-carboxamido)-3,3- 

dimethylbutanoate, its optical, 

positional, and geometric isomers, salts 

and salts of isomers (trivial name: 5FEDMB-PINACA)-(7036) 

(38) methyl 2-(1-(5-fluoropentyl)-1Hindole-3-carboxamido)-3,3- 

dimethylbutanoate, its optical, 

positional, and geometric isomers, salts 

and salts of isomers (trivial name: 5FMDMB-PICA)-(7041) 

(39) N-(adamantan-1-yl)-1-(4- 

fluorobenzyl)-1H-indazole-3- 

carboxamide, its optical, positional, and 

geometric isomers, salts and salts of 

isomers (trivial name: FUB-AKB48; 

FUB-APINACA; AKB48 N-(4- 

FLUOROBENZYL))-(7047) 

(40) 1-(5-fluoropentyl)-N-(2- 

phenylpropan-2-yl)-1H-indazole-3- 

carboxamide, its optical, positional, and 

geometric isomers, salts and salts of 

isomers (trivial names: 5F-CUMYLPINACA; SGT-25)-(7083) 

(41) (1-(4-fluorobenzyl)-1H-indol-3- 

yl)(2,2,3,3- 

tetramethylcyclopropyl)methanone, its 

optical, positional, and geometric 

isomers, salts and salts of isomers 

(trivial name: FUB-144)-(7014) 

Dated: December 20, 2018. 

Uttam Dhillon, 

Acting Administrator. 

[FR Doc. 2018–28110 Filed 12–27–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–115420–18] 

RIN 1545–BP03 

Investing in Qualified Opportunity 

Funds; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to a notice of 

proposed rulemaking and notice of 

public hearing. 

SUMMARY: This document contains a 

correction to notice of proposed 

rulemaking and notice of public hearing 

(REG–115420–18) that was published in 

the Federal Register on Monday, 

October 29, 2018. The proposed 

regulations are providing guidance 

under new section 1400Z–2 of the 

Internal Revenue Code relating to gains 

that may be deferred as a result of a 

taxpayer’s investment in a qualified 

opportunity fund. 

DATES: Written or electronic comments 

and request for a public hearing for the 

notice of proposed rulemaking at 83 FR 

54279, October 29, 2018, are still being 

accepted and must be received by 

December 28, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Erika C. Reigle of the Office of Associate 

Chief Counsel (Income Tax and 

Accounting), (202) 317–7006 and Kyle 

C. Griffin of the Office of Associate 

Chief Counsel (Income Tax and 

Accounting), (202) 317–4718; 

concerning the submission of 

comments, the hearing, or to be placed 

on the building access list to attend the 

hearing, Regina L. Johnson, (202) 317- 

6901 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

and notice of public hearing that is 

subject of this document is under 

section 1400Z–2 of the Internal Revenue 

Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking and notice of public hearing 

(REG–115420–18) contains errors that 

may prove to be misleading and are in 

need of clarification. 

Correction of Publication 

Accordingly, the notice of proposed 

rulemaking and notice of public 

hearing, FR Doc. 2018–23382, published 

at 83 FR 54279, October 29, 2018, is 

corrected as follows: 

1. On page 54285, second column, in 

the preamble, the twelfth line of the first 

full paragraph, the language ‘‘1400Z– 

2(d)](2)(D)). is corrected to read 

‘‘1400Z–2(d)(2)(D)).’’. 

2. On page 54285, second column, in 

the preamble, the last line of the first 

full paragraph, the language ‘‘section 

1400Z–2(d)(2)(B)(ii)(III).’’ is corrected to 

read ‘‘section 1400Z–2(d)(2)(B)(i)(III) 

and section 1400Z–2(d)(2)(C)(iii).’’. 

§ 1.400Z2(e)–1 [Corrected] 

3. On page 54296, third column, the 

eleventh line of paragraph (a)(3)(i), the 

language ‘‘§ 1.752–3(a)’’ is corrected to 

read ‘‘section 752 and the regulations 

thereunder,’’ 

Martin V. Franks, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2018–28207 Filed 12–27–18; 8:45 am] 

BILLING CODE 4830–01–P 


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