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.

69444 Federal Register / Vol. 65, No. 223 / Friday, November 17, 2000 / Rules and Regulations

DATES: This deviation is effective from

November 28, 2000, through November

30, 2000.

FOR FURTHER INFORMATION CONTACT: Judy

Yee, Project Officer, First Coast Guard

District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION: The Perth

Amboy railroad bridge, at mile 0.5,

across the Raritan River has a vertical

clearance in the closed position of 8 feet

at mean high water and 13 feet at mean

low water. The existing drawbridge

operating regulations are listed at 33

CFR 117.747.

The bridge owner, New Jersey Transit

(NJTRANSIT), requested a temporary

deviation from the drawbridge operating

regulations to facilitate the inspection of

the bridge wedge mechanism system at

the bridge. This deviation to the

operating regulations allows

NJTRANSIT to keep the Perth Amboy

Bridge in the closed position from 10:30

a.m. on November 28, 2000 through 11

a.m. on November 30, 2000.

The bridge owner did not provide the

required thirty-day notice to the Coast

Guard for this deviation; however, this

deviation was approved because the

inspection/repairs are necessary in

order to keep the bridge operating and

prevent an unscheduled closure due to

component failure.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: November 7, 2000.

Gerald M. Davis,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–29516 Filed 11–16–00; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1–00–240]

RIN 2115–AA97

Safety Zone: Andrew McArdle

(Meridian Street) Bridge, Chelsea

River, Chelsea, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Chelsea River for the Andrew

McArdle Bridge repairs in all waters 100

yards upstream and 100 yards

downstream from the bridge location.

The safety zone temporarily requires a

four-hour advance notification by

vessels wishing to transit through the

zone. The safety zone is needed to

protect vessels from the hazards posed

during repairs to the bascule floor

beams and bridge fender system. It is

also needed to allow sufficient time to

move the construction barges in and out

of the channel for vessel transits during

the repair period.

DATES: This rule is effective from

Wednesday, October 18, 2000, through

Friday, December 8, 2000.

ADDRESSES: Documents as indicated in

this preamble are part of docket CGD1–

00–240 and are available for inspection

or copying at Marine Safety Office

Boston, 455 Commercial Street, Boston,

MA between the hours of 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) David Sherry,

Waterways Management Division, Coast

Guard Marine Safety Office Boston,

(617) 223–3000.

SUPPLEMENTARY INFORMATION:

Regulatory Information

Pursuant to 5 U.S.C 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing a NPRM

and for making this regulation effective

in less than 30 days after Federal

Register publication. Conclusive

information about this event was not

provided to the Coast Guard until

October 12, 2000, making it impossible

to publish a NPRM or a final rule 30

days in advance of its effective date.

Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to regulate a portion of the

Chelsea River and protect the maritime

public from the hazards associated with

bridge repair activities. Additionally,

the repair activity takes place only on

weekdays from 6:30 a.m. until 5 p.m.

and does not close the channel to users.

Background and Purpose

The Andrew McArdle Bridge over the

Chelsea River, Chelsea, MA, fender

system and bascule floor beams require

repairs. During the repair evolution,

barges will be moored in the center of

the channel. Barge placement requires a

four-hour advance notice by vessels

wishing to transit the area, to ensure

vessel safety.

This regulation establishes a safety

zone in all waters of the Chelsea River

100 yards upstream and 100 yards

downstream from the centerline of the

Andrew McArdle Bridge. This safety

zone prohibits entry into or movement

within this portion of the Chelsea River

without a four hour advance notice

given to personnel on scene. In an effort

to maximize commerce during the

closures, waterway users were invited to

provide input at meetings on the

following dates: August 11, 17, 24, and

31, September 7, 14, 21, and 28, and

October 5, 2000. The meetings, hosted

by Marine Safety Office Boston, were

attended by stakeholders and promoted

a consensus of the most favorable

requirements for bridge repair efforts

during the effective period.

The repair work requires a four hour

advance notice for passage to minimize

lost work time due to setting up,

cleaning the site, and assuring safety for

ship traffic. The Coast Guard was able

to balance this need with community

demands through the aforementioned

open forum. The group arrived at a

consensus between marine operators,

the bridge owner, Massachusetts State

Highway officials, and construction

contractor. The expected duration of the

safety zone will be from Wednesday,

October 18, 2000 through Friday,

December 8, 2000. During the effective

dates, the channel will be open with

construction on going, but a four-hour

notice is required for vessel passage.

Notice shall be given to the Andrew

McCardle Bridge bridge tender via VHF

channel 13. The bridge tender will

convey the notice of passage to the

construction barge operator. Smaller

vessels that can navigate the area

without requiring the barges to move are

not required to give this notice. The

Coast Guard will make Marine Safety

Information Broadcasts and Local

Notice to Mariners announcements

informing mariners of this safety zone.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full regulatory evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This finding is based on the limited

duration of the safety zone and limited

commercial traffic expected in the area

during the effective periods. Moreover,