27854 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations 

for statistical purposes. Through the 

AES, the Census Bureau collects 

Electronic Export Information (EEI), the 

electronic equivalent of the export data 

formerly collected on the Shipper’s 

Export Declaration, pursuant to the 

Foreign Trade Regulations (FTR), Title 

15, Code of Federal Regulations (CFR), 

part 30. Filing in the AES is not 

required for shipments excluded in 

Section 30.2(d) and shipments 

exempted in Subpart D that are not 

subject to Section 30.2(a)(1)(iv). 

The Census Bureau published a Final 

Rule in the Federal Register on March 

14, 2013 (78 FR 16366), that removed 

the exemptions for Carnets and other 

temporary exports and goods previously 

imported under a Temporary Import 

Bond (TIB) exported in the same 

condition. The Department of the 

Treasury and members of the trade 

community raised concerns about the 

new AES filing requirement for Carnets, 

which is an international customs and 

temporary export-import document that 

is used to clear customs without paying 

duties and import taxes on merchandise 

that will be reexported within 12 

months. The concerns centered on 

whether mandatory AES filing for 

Carnets may be contrary to the ATA 

Convention, to which the U.S. is a 

contracting party. In addition, there was 

concern that unless the exemptions 

were reinstated, it would be extremely 

difficult to comply with the FTR, 

particularly for goods moving on a 

foreign Carnet. To address these 

concerns, the Census Bureau and U.S. 

Customs and Border Protection (CBP) 

determined it was necessary to reinstate 

the exemptions from filing for 

temporary exports, including Carnets, 

and goods that were previously 

imported under a TIB for return in the 

same condition as when exported. 

In accordance with the Interim Final 

Rule published on September 12, 2014, 

this rule clarifies that the reporting 

requirement for temporary exports, 

which includes Carnets, and goods 

previously imported on a TIB is 

eliminated. This revision reinstates 

exemptions for temporary exports/

Carnets and for goods that were 

imported under a TIB for return in the 

same condition as when imported. The 

U.S. Department of State and the U.S. 

Department of Homeland Security 

concur with the provision contained in 

this rule. 

Summary of Comments and Responses 

The Census Bureau received one 

comment on the Interim Final Rule 

published in the Federal Register on 

September 12, 2014 (79 FR 54588). A 

summary of the comment and the 

Census Bureau’s response is provided 

below. 

Comment: Clarify if exporters are 

required to file Electronic Export 

Information (EEI) if items are shipped 

into the U.S. under a foreign obtained 

ATA Carnet, and then re-exported, 

never returning to the U.S. Additionally, 

clarify if exporters are required to file 

EEI if items are exported under a U.S. 

obtained ATA Carnet and will be 

returned within 12 months under the 

same Carnet. 

Response: The Census Bureau 

clarifies here that reporting of EEI is not 

required for exports moving under 

either a U.S. or foreign issued Carnets. 

All Carnet shipments are exempt from 

EEI filing under Foreign Trade 

Regulations, Section 30.37(q) or (r). 

Rulemaking Requirements 

Administrative Procedure Act 

The Census Bureau finds good cause 

pursuant to Title 5, U.S.C., 553(b)(3)(B) 

to waive prior notice and opportunity 

for public comment, as contrary to the 

public interest. The Census Bureau is 

undertaking this amendment in order to 

reduce filing burden on the trade 

community and to ensure consistency 

with the ATA Carnets for the Temporary 

Admission of Goods (ATA Convention). 

In particular, this rule reinstates the 

previous filing exemptions in § 30.37(q) 

and (r) of the FTR for temporary exports, 

including Carnets, and goods that were 

imported under a TIB for return in the 

same condition as when imported, 

which will ensure consistency with the 

ATA Convention, reduce filing 

requirements, avoid confusion, and ease 

compliance with the FTR. Additionally, 

and for similar reasons, the Census 

Bureau finds good cause pursuant to 5 

U.S.C. 553(d) to waive the 30-day delay 

in effectiveness for this rule. This rule 

allows for an exemption to the AES 

filing requirements and imposes no 

additional requirements or obligations 

on any member of the public; therefore, 

delaying its effectiveness is 

unnecessary. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this rule will not have a significant 

impact on a substantial number of small 

entities. 

The purpose and goal of this rule are 

explained in the preamble, and are not 

repeated here. This rule does not 

mandate any new filing requirements 

and does not directly impact any small 

or large entities. We received no 

comments on the certification in the 

proposed rule; accordingly, no 

Regulatory Flexibility analysis is 

required and none has been prepared. 

Executive Orders 

This rule has been determined to be 

not significant for purposes of Executive 

Orders 12866 and 13563, and has been 

drafted according to the requirements of 

those Executive Orders. It has also been 

determined that this rule does not 

contain policies with federalism 

implications as that term is defined 

under Executive Order 13132. 

Paperwork Reduction Act 

This rule does not contain any 

information collection subject to the 

Paperwork Reduction Act (PRA). 

However, notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall a person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

current and valid Office of Management 

and Budget (OMB) control number. 

List of Subjects in 15 CFR Part 30 

Economic statistics, Exports, Foreign 

trade, Reporting and recordkeeping 

requirements. 

PART 30—FOREIGN TRADE 

REGULATIONS 

■ Accordingly, as discussed above, the 

Interim Final Rule amending 15 CFR 

part 30, which was published at 79 FR 

54588 on September 12, 2014, is 

adopted as a final rule without change. 

Dated: May 7, 2015. 

John H. Thompson, 

Director, Bureau of the Census. 

[FR Doc. 2015–11809 Filed 5–14–15; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–414] 

Schedules of Controlled Substances: 

Extension of Temporary Placement of 

UR–144, XLR11, and AKB48 in 

Schedule I of the Controlled 

Substances Act 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final order. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration (DEA) is 

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Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations 27855 

1Because the Secretary of the Department of 

Health and Human Services has delegated to the 

Assistant Secretary for Health of the Department of 

Health and Human Services the authority to make 

domestic drug scheduling recommendations, for 

purposes of this Final Order, all subsequent 

references to ‘‘Secretary’’ have been replaced with 

‘‘Assistant Secretary.’’ 

issuing this final order to extend the 

temporary placement of (1-pentyl-1Hindol-3-yl)(2,2,3,3- 

tetramethylcyclopropyl)methanone 

(UR–144), [1-(5-fluoro-pentyl)-1H-indol3-yl](2,2,3,3- 

tetramethylcyclopropyl)methanone (5- 

fluoro-UR–144, XLR11) and N-(1- 

adamantyl)-1-pentyl-1H-indazole-3- 

carboxamide (APINACA, AKB48), 

including their salts, isomers, and salts 

of isomers whenever the existence of 

such salts, isomers, and salts of isomers 

is possible, in schedule I of the 

Controlled Substances Act. The current 

final order temporarily placing UR–144, 

XLR11, and AKB48 in schedule I is due 

to expire on May 15, 2015. This final 

order will extend the temporary 

scheduling of UR–144, XLR11, and 

AKB48 to May 15, 2016, or until the 

permanent scheduling action for these 

three substances is completed, 

whichever occurs first. 

DATES: This final order is effective May 

15, 2015. 

FOR FURTHER INFORMATION CONTACT: John 

R. Scherbenske, Office of Diversion 

Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: On May 

16, 2013, the Deputy Administrator of 

the Drug Enforcement Administration 

published a Final Order in the Federal 

Register (78 FR 28735) amending 21 

CFR 1308.11(h) to temporarily place 

three synthetic cannabinoids, namely 

(1-pentyl-1H-indol-3-yl)(2,2,3,3- 

tetramethylcyclopropyl)methanone 

(UR–144), [1-(5-fluoro-pentyl)-1H-indol3-yl](2,2,3,3- 

tetramethylcyclopropyl)methanone (5- 

fluoro-UR–144, XLR11), and N-(1- 

adamantyl)-1-pentyl-1H-indazole-3- 

carboxamide (APINACA, AKB48), in 

schedule I of the Controlled Substances 

Act (CSA) pursuant to the temporary 

scheduling provisions of 21 U.S.C. 

811(h). That final order, which became 

effective on the date of publication, was 

based on findings by the Deputy 

Administrator of the DEA that the 

temporary scheduling of these three 

synthetic cannabinoids was necessary to 

avoid an imminent hazard to the public 

safety pursuant to 21 U.S.C. 811(h)(1). 

At the time the final order took effect, 

section 201(h)(2) of the CSA, 21 U.S.C. 

811(h)(2), required that the temporary 

scheduling of a substance expires at the 

end of two years from the date of 

issuance of the order scheduling the 

substance, except that the Attorney 

General may, during the pendency of 

proceedings under 21 U.S.C. 811(a)(1) 

with respect to the substance, extend 

the temporary scheduling of that 

substance for up to one year. 

Proceedings for the permanent 

scheduling of a substance under 21 

U.S.C. 811(a) may be initiated by the 

Attorney General (delegated to the 

Administrator of the DEA pursuant to 

28 CFR 0.100) on his or her own motion, 

at the request of the Secretary of Health 

and Human Services,1 or on the petition 

of any interested party. 

In this case, the DEA initiated 

permanent scheduling proceedings on 

its own motion pursuant to 21 U.S.C. 

811(a). The DEA has gathered and 

reviewed the available information 

regarding the pharmacology, chemistry, 

trafficking, actual abuse, pattern of 

abuse, and the relative potential for 

abuse for these three synthetic 

cannabinoids. On August 31, 2013, the 

DEA submitted a request to the HHS to 

provide the DEA with a scientific and 

medical evaluation of available 

information and a scheduling 

recommendation for UR–144, XLR11, 

and AKB48, pursuant to 21 U.S.C. 

811(b) and (c). Upon evaluating the 

scientific and medical evidence, the 

HHS on May 12, 2015, submitted to the 

Administrator of the DEA its three 

scientific and medical evaluations 

entitled, ‘‘Basis For the 

Recommendation to Place 1-pentyl-1Hindol-3-yl 2,2,3,3- 

tetramethylcyclopropyl methanone 

(UR–144) and its Salts in schedule I of 

the Controlled Substances Act (CSA),’’ 

‘‘Basis For the Recommendation to 

Place 1-(5-fluoro-pentyl)-1H-indol-3- 

yl](2,2,3,3-tetramethylcyclopropyl 

methanone (XLR11) and its Salts in 

schedule I of the Controlled Substances 

Act (CSA),’’ and ‘‘Basis For the 

Recommendation to Place N-(1- 

adamantyl)-1-pentyl-1H-indazole-3- 

carboxamide (AKB48) and its Salts in 

schedule I of the Controlled Substances 

Act (CSA).’’ Upon receipt of the 

scientific and medical evaluation and 

scheduling recommendations from the 

HHS, the DEA reviewed the documents 

and all other relevant data, and 

conducted its own eight-factor analysis 

of the abuse potential of UR–144, 

XLR11, and AKB48 pursuant to 21 

U.S.C. 811(c). The DEA is publishing a 

Notice of Proposed Rulemaking for the 

Placement of UR–144, XLR11, and 

AKB48 into schedule I. The 

Administrator thereby has initiated 

proceedings regarding UR–144, XLR11, 

and AKB48 in accordance with 21 

U.S.C. 811(a)(1). Therefore, pursuant to 

21 U.S.C. 811(h)(2), the Administrator of 

the DEA hereby orders that the 

temporary scheduling of UR–144, 

XLR11, and AKB48, including their 

salts, isomers, and salts of isomers 

whenever the existence of such salts, 

isomers, and salts of isomers is possible, 

be extended to May 15, 2016, or until 

the proceedings to permanently 

schedule these three substances is 

completed, whichever occurs first. 

In accordance with this final order, 

the schedule I requirements for 

handling UR–144, XLR11, and AKB48, 

including their salts, isomers, and salts 

of isomers whenever the existence of 

such salts, isomers, and salts of isomers 

is possible, will remain in effect until 

May 15, 2016, or until the permanent 

scheduling proceeding is completed, 

whichever occurs first. 

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. Section 201(h) of the 

CSA, 21 U.S.C. 811(h) also provides that 

the temporary scheduling of a substance 

shall expire at the end of two years from 

the date of the issuance of the order 

scheduling such substance, except that 

the Attorney General may, during the 

pendency of proceedings to 

permanently schedule the substance, 

extend the temporary scheduling for up 

to one year. 

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 and extended, 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 

extension of the temporary scheduling 

action. In the alternative, even assuming 

that this action might be subject to 

section 553 of the APA, the 

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 

extending the temporary scheduling 

order 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 final 

order extending the temporary 

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27856 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and Regulations 

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 (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 maintain the 

temporary placement of UR–144, 

XLR11, and AKB48 in schedule I 

because they pose a public health risk. 

The temporary scheduling action was 

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

exempted the temporary scheduling 

order from standard notice and 

comment rulemaking procedures to 

ensure that the process moved swiftly, 

and this extension of the temporary 

scheduling order continues to serve that 

purpose. For the same reasons that 

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

DEA’s need to place these substances in 

schedule I because they pose an 

imminent hazard to public safety, it 

would be contrary to the public interest 

to delay implementation of this 

extension of the temporary scheduling 

order. Therefore, in accordance with 

section 808(2) of the CRA, this final 

order extending the temporary 

scheduling order shall take effect 

immediately upon its publication. 

Pursuant to the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Congressional Review Act) (5 

U.S.C. 801–808), the DEA has submitted 

a copy of this final order to both Houses 

of Congress and to the Comptroller 

General. 

Dated: May 12, 2015. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2015–11765 Filed 5–14–15; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 51 

[Public Notice: 9133] 

RIN 1400–AD83 

Passports: Official Passports for 

Officials or Employees of State, Local, 

Tribal or Territorial Governments 

Traveling Abroad and Carrying Out 

Official Duties in Support of the U.S. 

Government 

AGENCY: Department of State. 

ACTION: Interim final rule. 

SUMMARY: This rule amends the passport 

rules for the Department of State to 

authorize issuing an official passport to 

an official or employee of a state, local, 

tribal, or territorial government traveling 

abroad to carry out official duties in 

support of the U.S. government. 

DATES: This rule is effective May 15, 

2015. 

The Department of State will accept 

comments until July 14, 2015. 

ADDRESSES: You may make comments 

by any of the following methods, and 

you must include the RIN in the subject 

line of your message. 

• Mail (paper, disk, or CD–ROM 

submissions): ATTN: RIN 1400–AD83, 

Alice Kottmyer, Attorney-Adviser, 

Office of the Legal Adviser (L/M), U.S. 

Department of State, Room 4325, 2201 

C Street NW., Washington, DC 20520. 

• Email: kottmyeram@state.gov. 

• Persons with access to the Internet 

may view this rule and submit 

comments by going to 

www.regulations.gov, and searching for 

the rule by its RIN, 1400–AD83. 

FOR FURTHER INFORMATION CONTACT: 

Alice Kottmyer, Attorney-Adviser, 

kottmyeram@state.gov, 202–647–2318. 

SUPPLEMENTARY INFORMATION: 22 CFR 

51.3(b) provides that an ‘‘official 

passport’’ may be issued to: An official 

or employee of the U.S. government 

traveling abroad to carry out official 

duties; spouses and family members of 

such persons; and, when authorized by 

the Department of State, U.S. 

government contractors traveling abroad 

to carry out official duties on behalf of 

the U.S. government. 

Increasingly, the federal government 

utilizes officials or employees of state, 

local, tribal, and territorial governments 

in support of federal activities, both 

domestically and overseas, such as the 

Federal Bureau of Investigation’s Joint 

Terrorism Task Force. When required to 

travel internationally in support of such 

federal activities, these individuals are 

not currently eligible for official 

passports. Issuance of an official 

passport to such individuals signifies to 

foreign governments that they are 

carrying out official duties in support of 

the U.S. government. The activities 

undertaken by these officials are often of 

pressing national security, law 

enforcement, or humanitarian 

importance and occur with little 

advance notice. It is in the U.S. 

government’s interest to provide these 

individuals the travel documents 

necessary to allow them to travel in a 

timely manner. 

Under 22 U.S.C. 211a et seq., the 

Secretary of State has the authority to 

make rules for the granting and issuance 

of passports. The Department is 

amending section 51.3(b) of 22 CFR to 

authorize issuing official passports to an 

official or employee of a state, local, 

tribal, or territorial government traveling 

abroad to carry out official duties in 

support of the U.S. government. 

Regulatory Findings 

Administrative Procedure Act 

The Department is publishing this 

rule as an interim final rule, effective on 

the date of publication, pursuant to the 

‘‘good cause’’ exemption of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(3)(B). The Department 

finds that delaying the effect of this rule 

until after notice and comment would 

be impractical, unnecessary, and 

contrary to public interest. The 

Department finds that providing the 

necessary travel documents to these 

individuals to allow them to travel in 

support of U.S. government interests 

provides a compelling justification for 

immediate approval of this rule. 

Therefore, this rule is effective on the 

date of publication. See 5 U.S.C. 553(d). 

However, the Department solicits—and 

welcomes—comments on this 

rulemaking, and will address relevant 

comments in a final rule. 

Regulatory Flexibility Act 

The Department, in accordance with 

the Regulatory Flexibility Act, 5 U.S.C. 

605(b), has reviewed this rule and, by 

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