69442 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Rules and Regulations

That AD currently requires revising the

Airplane Flight Manual to add specific

flightcrew instructions to be followed in

the event of failure of the first generator,

which could lead to the loss of main

battery power and result in the loss of

all electrical power, except the

emergency battery supply, during flight.

The requirements of that AD were

intended to prevent failure of the

second of two direct current generators

after the failure of the first generator.

Since the issuance of that AD, the FAA

has received further information

indicating that the incident that

prompted that AD was an isolated case.

DATES: Effective November 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Aerospatiale

Model ATR–42 and ATR–72 series

airplanes was published in the Federal

Register on November 9, 1999 (64 FR

61044). That action proposed to rescind

AD 98–09–16. Rescission of AD 98–09–

16 constitutes only such action, and

does not preclude the agency from

issuing another notice in the future, nor

would it commit the agency to any

course of action in the future.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

After careful review of the available

data, the FAA has determined that air

safety and the public interest require the

rescission of the rule as proposed.

Cost Impact

The FAA estimates that 145 airplanes

of U.S. registry are affected by AD 98–

09–16. The actions that are currently

required by that AD take approximately

1 work hour per airplane to accomplish,

at an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of the currently required actions

on U.S. operators is approximately

$8,700, or $60 per airplane. However,

the adoption of this rescission will

eliminate those costs.

Removal of the AFM revision required

by AD 98–09–16 will take

approximately 1 work hour per airplane

to accomplish, at an average labor rate

of $60 per work hour. Based on these

figures, the cost impact of removal of

the AFM revision is estimated to be

$8,700, or $60 per airplane.

Regulatory Impact

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Rescission

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding an AD which removes

amendment 39–10497, to read as

follows:

98–09–16 R1 AEROSPATIALE:

Amendment 39–11989. Docket No. 98–

NM–259–AD. Rescinds AD 98–09–16,

Amendment 39–10497.

Applicability: All Model ATR–42 and

ATR–72 series airplanes; certificated in any

category.

Effective Date

This rescission is effective November 17,

2000.

Issued in Renton, Washington, on

November 9, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–29378 Filed 11–16–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

Schedule II Control of

Dihydroetorphine Under the Controlled

Substances Act (CSA)

AGENCY: Drug Enforcement

Administration (DEA), Justice.

ACTION: Final rule.

SUMMARY: This is a final rule issued by

the DEA that dihydroetorphine (7,8-

dihydro-7α-[1-(R)-hydroxy-1-

methylbutyl]-6,14-endoethanotetrahydrooripavine) is a

Schedule II controlled substance.

Although dihydroetorphine is not

specifically listed in Schedule II of the

Controlled Substances Act (CSA), it is a

derivative of thebaine and as such is

controlled under 21 U.S.C. 812

Schedule II(a)(1) which includes

‘‘Opium and opiate, and any salt,

compound, derivative, or preparation of

opium or opiate.’’ Dihydroetorphine is a

derivative of thebaine, a natural

constituent of opium, hence

dihydroetorphine is, by virtue of 21

U.S.C. 812 and 21 CFR Part

1308.12(b)(1)(16), a Schedule II

controlled substance. International

control of dihydroetorphine in Schedule

I of the Single Convention on Narcotic

Drugs, 1961 in 1998 prompted the DEA

to specifically list dihydroetorphine as a

controlled substance in Schedule II of

the CSA.

EFFECTIVE DATE: November 17, 2000.

FOR FURTHER INFORMATION OR QUOTA

REQUESTS CONTACT: Frank Sapienza,

Chief, Drug and Chemical Evaluation

Section, Office of Diversion Control,

Drug Enforcement Administration,

Washington, DC 20537, (202) 307–7183.

SUPPLEMENTARY INFORMATION:

What Is Dihydroetorphine and Why Is

It Controlled?

Dihydroetorphine is the international

non-proprietary name for a chemical

substance which is chemically similar

to etorphine. It is an opiate-like

Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Rules and Regulations 69443

substance that is 3–4 order of magnitude

(1000 to 10,000 times) more potent than

morphine but with a shorter duration of

action. The effects of dihydroetorphine

and its psychological dependence

liability are similar to those produced

by heroin. Animal studies demonstrate

that it is a highly potent analgesic with

effects that begin within 15 minutes of

administration and the effects last from

60–90 minutes. Dihydroetorphine was

registered in China in December of 1992

for the relief of acute severe pain.

However, abuse of dihydroetorphine

began soon after it was marketed in

China in 1992. Dihydroetorphine is not

marketed or used medically in the

United States. As a thebaine derivative,

dihydroetorphine is controlled in

Schedule II of the CSA in the United

States.

Under What Authority Is

Dihydroetorphine Controlled?

This order is prompted by a letter

dated November 11, 1998, in which the

United States Government was informed

by the Secretary-General of the United

Nations that dihydroetorphine has been

added to Schedule I of the Single

Convention on Narcotic Drugs, 1961

(1961 Convention). As a signatory

Member State to the 1961 Convention,

the United States is obligated to control

dihydroetorphine under national drug

control legislation, i.e., the CSA.

Dihydroetorphine is currently

controlled under Schedule II of the CSA

as a thebaine derivative, and as such, all

regulations and criminal sanctions

applicable to Schedule II substances

have been and are applicable to

dihydroetorphine. Schedule II control

under the CSA satisfies the

requirements of Schedule II control

under the 1961 Convention.

Executive Order 12866

This regulation has been drafted and

reviewed in accordance with Executive

Order 12866, Section 1(b), Principles of

Regulation. DEA has determined that

this rule is not a significant regulatory

action under Executive Order 12866,

Section 3(f), Regulatory Planning and

Review, and accordingly this rule has

not been reviewed by the Office of

Management and Budget.

Executive Order 12988—Civil Justice

Reform

This regulation meets the applicable

standards set forth in Sections 3(a) and

3(b)(2) of Executive Order 12988.

Regulatory Flexibility Act

This action will not have a significant

economic impact on a substantial

number of entities whose interests must

be considered under the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.).

This action provides notification of

control of dihydroetorphine in Schedule

II of the CSA in order to comply with

international treaty obligations.

Although dihydroetorphine was not

specifically listed in the CSA as a

controlled substance, it was already

controlled in Schedule II of the CSA as

a derivative of thebaine.

Unfunded Mandate Reform Act

This rule will not result in the

expenditure of state, local and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under provisions of

the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by § 804 of the Small Business

Regulatory Enforcement Fairness Act of

1996. This rule will not result in an

annual effect on the economy of

$100,000,000 or more; a major increase

in costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of the United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 13132 Federalism

This rule 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 E.O. 13132, it is

determined that this rule will not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Plain English

The DEA makes every effort to write

clearly. If you have suggestions as to

how to improve the clarity of this

regulation please contact Patricia M.

Good, Chief, Policy and Liaison Section,

Office of Diversion Control, Drug

Enforcement Administration,

Washington, DC 20537, phone (202)

307–7297.

List of Subjects in 21 CFR Part 1308

Administrative practice and

procedure, Drug traffic control,

Narcotics, Prescription drugs.

Under the authority vested in the

Attorney General by Section 201(d)(1) of

the CSA [21 U.S.C. 811(d)(1)], and

delegated to the Administrator of the

DEA by the Department of Justice

regulations (28 CFR 0.100) and

redelegated to the Deputy Administrator

pursuant to 28 CFR 0.104, Appendix to

Subpart R, Section 12, the Deputy

Administrator hereby amends 21 CFR

part 1308 as follows:

PART 1308—[AMENDED]

1. The authority citation for Part 1308

continues to read as follows:

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

unless otherwise noted.

2. Section 1308.12 is amended by

redesignating paragraphs (b)(1)(8)

through (b)(1)(16) as (b)(1)(9) through

(b)(1)(17) and adding a new paragraph

(b)(1)(8) to read as follows:

§ 1308.12 Schedule II.

* * * * *

(b) * * *

(1) * * *

(8) dihydroetorphine—9334

* * * * *

Dated: November 7, 2000.

Julio F. Mercado,

Deputy Administrator.

[FR Doc. 00–29439 Filed 11–16–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–244]

Drawbridge Operation Regulations:

Raritan River, Arthur Kill, and Their

Tributaries, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations for the Perth Amboy railroad

bridge, at mile 0.5, across the Raritan

River in New Jersey. This deviation

from the regulations allows the owner of

the bridge to keep the bridge in the

closed position from 10:30 a.m. on

November 28, 2000 through 11 a.m. on

November 30, 2000. This action is

necessary to facilitate the inspection of

the bridge wedge mechanism system at

the bridge.