472 Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations 

date of this order to be in compliance 

with all recordkeeping requirements. 

7. Reports. All DEA registrants who 

manufacture or distribute cyclopropyl 

fentanyl must submit reports pursuant 

to 21 U.S.C. 827 and in accordance with 

21 CFR parts 1304 and 1312 as of 

January 4, 2018. 

8. Order Forms. All DEA registrants 

who distribute cyclopropyl fentanyl 

must comply with order form 

requirements pursuant to 21 U.S.C. 828 

and in accordance with 21 CFR part 

1305 as of January 4, 2018. 

9. Importation and Exportation. All 

importation and exportation of 

cyclopropyl fentanyl must be in 

compliance with 21 U.S.C. 952, 953, 

957, 958, and in accordance with 21 

CFR part 1312 as of January 4, 2018. 

10. Quota. Only DEA registered 

manufacturers may manufacture 

cyclopropyl fentanyl in accordance with 

a quota assigned pursuant to 21 U.S.C. 

826 and in accordance with 21 CFR part 

1303 as of January 4, 2018. 

11. Liability. Any activity involving 

cyclopropyl fentanyl not authorized by, 

or in violation of, the CSA, occurring as 

of January 4, 2018, is unlawful, and may 

subject the person to administrative, 

civil, and/or criminal sanctions. 

Regulatory Matters 

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

811(h), provides for a 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. Such 

an order may not be issued before the 

expiration of 30 days from (1) the 

publication of a notice in the Federal 

Register of the intention to issue such 

order and the grounds upon which such 

order is to be issued, and (2) the date 

that notice of the proposed temporary 

scheduling order is transmitted to the 

Assistant Secretary. 21 U.S.C. 811(h)(1). 

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, the DEA believes that the 

notice and comment requirements of the 

Administrative Procedure Act (APA) at 

5 U.S.C. 553, do not apply to this 

temporary scheduling action. In the 

alternative, even assuming that this 

action might be subject to 5 U.S.C. 553, 

the Administrator finds that there is 

good cause to forgo the notice and 

comment requirements of 5 U.S.C. 553, 

as any further delays in the process for 

issuance of temporary scheduling orders 

would be 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 

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. 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 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. 

As noted above, this action is an 

order, not a rule. Accordingly, the 

Congressional Review Act (CRA) is 

inapplicable, as it applies only to rules. 

However, if this were a rule, pursuant 

to the Congressional Review Act, ‘‘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 schedule this 

substance immediately to avoid an 

imminent hazard to the public safety. 

This temporary scheduling action is 

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) exempts 

the temporary scheduling order from 

standard notice and comment 

rulemaking procedures to ensure that 

the process moves swiftly. For the same 

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

that is, the DEA’s need to move quickly 

to place this substance in schedule I 

because it poses an imminent hazard to 

the public safety, it would be contrary 

to the public interest to delay 

implementation of the temporary 

scheduling order. Therefore, this order 

shall take effect immediately upon its 

publication. The DEA has submitted a 

copy of this temporary order to both 

Houses of Congress and to the 

Comptroller General, although such 

filing is not required under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act), 5 U.S.C. 801–808 because, 

as noted above, this action is an order, 

not a rule. 

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 

amends 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 paragraph (h)(22) 

to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(22) N-(1-phenethylpiperidin-4-yl)-Nphenylcyclopropanecarboxamide, its 

isomers, esters, ethers, salts and salts of 

isomers, esters and ethers (Other name: 

cyclopropyl fentanyl)........... .(9845) 

Dated: December 28, 2017. 

Robert W. Patterson, 

Acting Administrator. 

[FR Doc. 2017–28470 Filed 1–3–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Chapter I 

[Docket ID FEMA–2016–0022] 

Revisions to the Public Assistance 

Program and Policy Guide 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notification of availability. 

SUMMARY: This document provides 

notice of the availability of the final 

policy Public Assistance Program and 

Policy Guide (PAPPG). 

DATES: FEMA applies the revisions in 

this policy to incidents declared on or 

after August 23, 2017, or to any 

application for assistance that, as of 

January 1, 2018 is pending before 


rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations 473 

FEMA, or to any application for 

assistance that has been denied, where 

a challenge to that denial is not yet 

finally resolved as of January 1, 2018. 

ADDRESSES: This final policy is available 

online at http://www.regulations.gov 

and on FEMA’s website at http://

www.fema.gov. The final policy and 

supporting documents are available at 

http://www.regulations.gov under 

docket ID FEMA–2016–0022. You may 

also view a hard copy of the final policy 

at the Office of Chief Counsel, Federal 

Emergency Management Agency, 8NE, 

500 C Street SW, Washington, DC 

20472. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Logan, Division Director, 

Public Assistance, 202–786–0816. 

SUPPLEMENTARY INFORMATION: This 

document announces the availability of 

the Third Edition of the Public 

Assistance Program and Policy Guide 

(PAPPG). The Third Edition revises a 

statutory and regulatory interpretation 

related to the eligibility of certain 

private nonprofit facilities for Public 

Assistance (PA) under 42 U.S.C. 5172, 

42 U.S.C. 5122(11), and 44 CFR 206.221. 

Specifically, Third Edition clarifies that 

private nonprofit houses of worship will 

not be singled out for disfavored 

treatment within the ‘‘community 

centers’’ subcategory of PA nonprofit 

applicants. Further discussion regarding 

these revisions is contained in the 

Foreword to the PAPPG. 

This final policy does not have the 

force or effect of law. 

Authority: 42 U.S.C. 5121 et seq. 

Dated: January 2, 2018. 

Brock Long, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2018–00044 Filed 1–2–18; 4:45 pm] 

BILLING CODE 9111–23–P 


rmajette on DSKBCKNHB2PROD with RULES