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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


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

1 Because 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-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), 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-1H
indol-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


### 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