Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106311 

5See footnote 1. 

6See footnote 1. 

7See footnote 1. 

8See footnote 1. 

9See footnote 1. 

10See footnote 1. 

11See footnote 1. 

12See footnote 1. 

13See footnote 1. 

14See footnote 1. 

15See footnote 1. 

16See footnote 1. 

17See footnote 1. 

18See footnote 1. 

19See footnote 1. 

20See footnote 1. 

(i) Violation as specified (1988), 

maximum from $63,991 to $65,653. 

(ii) Violation as specified (1988), 

maximum from $30,715 to $31,513. 

(iii) Otherwise violation (1978), 

maximum from $2,103 to $2,158. 

(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and 

Management Act (1990), violation, 

maximum from $230,464 to $236,451. 

(16) 16 U.S.C. 2437(a), Antarctic 

Marine Living Resources Convention 

Act of 1984,5 violation, maximum from 

$230,464 to $236,451. 

(17) 16 U.S.C. 2465(a), Antarctic 

Protection Act of 1990,6 violation, 

maximum from $230,464 to $236,451. 

(18) 16 U.S.C. 3373(a), Lacey Act 

Amendments of 1981 (1981): 

(i) 16 U.S.C. 3373(a)(1), violation, 

maximum from $32,942 to $33,798. 

(ii) 16 U.S.C. 3373(a)(2), violation, 

maximum from $823 to $844. 

(19) 16 U.S.C. 3606(b)(1), Atlantic 

Salmon Convention Act of 1982,7

violation, maximum from $230,464 to 

$236,451. 

(20) 16 U.S.C. 3637(b), Pacific Salmon 

Treaty Act of 1985,8 violation, 

maximum from $230,464 to $236,451. 

(21) 16 U.S.C. 4016(b)(1)(B), Fish and 

Seafood Promotion Act of 1986 (1986); 

violation, minimum from $1,394 to 

$1,430; maximum from $13,946 to 

$14,308. 

(22) 16 U.S.C. 5010, North Pacific 

Anadromous Stocks Act of 1992,9

violation, maximum from $230,464 to 

$236,451. 

(23) 16 U.S.C. 5103(b)(2), Atlantic 

Coastal Fisheries Cooperative 

Management Act,10 violation, maximum 

from $230,464 to $236,451. 

(24) 16 U.S.C. 5154(c)(1), Atlantic 

Striped Bass Conservation Act,11

violation, maximum from $230,464 to 

$236,451. 

(25) 16 U.S.C. 5507(a), High Seas 

Fishing Compliance Act of 1995 (1995), 

violation, maximum from $200,174 to 

$205,375, 

(26) 16 U.S.C. 5606(b), Northwest 

Atlantic Fisheries Convention Act of 

1995,12 violation, maximum from 

$230,464 to $236,451. 

(27) 16 U.S.C. 6905(c), Western and 

Central Pacific Fisheries Convention 

Implementation Act,13 violation, 

maximum from $230,464 to $236,451. 

(28) 16 U.S.C. 7009(c) and (d), Pacific 

Whiting Act of 2006,14 violation, 

maximum from $230,464 to $236,451. 

(29) 22 U.S.C. 1978(e), Fishermen’s 

Protective Act of 1967 (1971): 

(i) Violation, maximum from $35,574 

to $36,498. 

(ii) Subsequent violation, maximum 

from $105,105 to $107,836. 

(30) 30 U.S.C. 1462(a), Deep Seabed 

Hard Mineral Resources Act (1980), 

violation, maximum, from $90,702 to 

$93,058. 

(31) 42 U.S.C. 9152(c), Ocean Thermal 

Energy Conversion Act of 1980 (1980), 

violation, maximum from $90,702 to 

$93,058. 

(32) 16 U.S.C. 1827a, Billfish 

Conservation Act of 2012,15 violation, 

maximum from $230,464 to $236,451. 

(33) 16 U.S.C. 7407(b), Port State 

Measures Agreement Act of 2015,16

violation, maximum from $230,464 to 

$236,451. 

(34) 16 U.S.C. 1826g(f), High Seas 

Driftnet Fishing Moratorium Protection 

Act,17 violation, maximum from 

$230,464 to $236,451. 

(35) 16 U.S.C. 7705, Ensuring Access 

to Pacific Fisheries Act,18 violation, 

maximum from $230,464 to $236,451. 

(36) 16 U.S.C. 7805, Ensuring Access 

to Pacific Fisheries Act,19 violation, 

maximum from $230,464 to $236,451. 

(37) 16 U.S.C. 1857 note, James M. 

Inhofe National Defense Authorization 

Act for Fiscal Year 2023,20 violation, 

maximum from $230,464 to $236,451. 

(g) National Technical Information 

Service. 42 U.S.C. 1306c(c), Bipartisan 

Budget Act of 2013 (2013), violation, 

minimum from $1,196 to $1,227; 

maximum total penalty on any person 

for any calendar year, excluding willful 

or intentional violations, from $298,887 

to $306,652. 

(h) Office of the Under Secretary for 

Economic Affairs. 15 U.S.C. 113, 

Concrete Masonry Products Research, 

Education, and Promotion Act of 2018 

(2018), violation, maximum from $5,162 

to $5,296. 

§ 6.4 Effective date of adjustments for 

inflation to civil monetary penalties. 

The Department of Commerce’s 2025 

adjustments for inflation made by § 6.3, 

of the civil monetary penalties there 

specified, are effective on January 15, 

2025, and said civil monetary penalties, 

as thus adjusted by the adjustments for 

inflation made by § 6.3, apply only to 

those civil monetary penalties, 

including those whose associated 

violation predated such adjustment, 

which are assessed by the Department of 

Commerce after the effective date of the 

new civil monetary penalty level, and 

before the effective date of any future 

adjustments for inflation to civil 

monetary penalties thereto made 

subsequent to January 15, 2025 as 

provided in § 6.5. 

§ 6.5 Subsequent annual adjustments for 

inflation to civil monetary penalties. 

The Secretary of Commerce or his or 

her designee by regulation shall make 

subsequent adjustments for inflation to 

the Department of Commerce’s civil 

monetary penalties annually, which 

shall take effect not later than January 

15, notwithstanding section 553 of title 

5, United States Code. 

[FR Doc. 2024–31310 Filed 12–27–24; 8:45 am] 

BILLING CODE 3510–DP–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–1457] 

Schedules of Controlled Substances: 

Extension of Temporary Placement of 

Seven Specific Fentanyl-Related 

Substances in Schedule I of the 

Controlled Substances Act 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Temporary rule; temporary 

scheduling order; extension. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration is issuing 

this temporary scheduling order to 

extend the temporary schedule I status 

of seven specific fentanyl-related 

substances, as identified in this order, 

including their isomers, esters, ethers, 

salts, and salts of isomers, esters and 

ethers. These seven substances fall 

within the definition of fentanyl-related 

substances set forth in the February 6, 

2018, temporary scheduling order. 

Through the Temporary Reauthorization 

and Study of Emergency Scheduling of 

Fentanyl Analogues Act, which became 

law on February 6, 2020, Congress 

extended the temporary control of 

fentanyl-related substances until May 6, 

2021. This temporary order was 

subsequently extended multiple times, 

most recently on December 29, 2022, 

through the Consolidated 

Appropriations Act, 2023, which 

extended the order until December 31, 

2024. This temporary order will extend 


ddrumheller on DSK120RN23PROD with RULES1
106312 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

1Schedules of Controlled Substances: Temporary 

Placement of Fentanyl-Related Substances in 

Schedule I, 83 FR 5188 (Feb. 6, 2018). 

2Schedules of Controlled Substances: Temporary 

Placement of Fentanyl-Related Substances in 

Schedule I; Correction, 85 FR 20155 (Apr. 10, 2020). 

3Public Law 116–114, sec. 2, 134 Stat. 103. 

4Public Law 117–328, division O, title VI, sec. 

601. 

the temporary scheduling of seven 

specific fentanyl-related substances for 

one year, or until the permanent 

scheduling action for these substances is 

completed, whichever occurs first. 

DATES: This temporary scheduling 

order, which extends schedule I control 

of seven specific substances covered by 

an order (83 FR 5188, February 6, 2018), 

is effective December 31, 2024, and 

expires on December 31, 2025. If DEA 

publishes a final rule making this 

scheduling action permanent, this order 

will expire on the effective date of that 

rule, if the effective date is earlier than 

December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Drug and Chemical 

Evaluation Section, Diversion Control 

Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (571) 362–3249. 

SUPPLEMENTARY INFORMATION: In this 

order, the Drug Enforcement 

Administration (DEA) extends the 

temporary scheduling of the following 

seven controlled substances in schedule 

I of the Controlled Substances Act 

(CSA), including their isomers, esters, 

ethers, salts, and salts of isomers, esters, 

and ethers whenever the existence of 

such isomers, esters, ethers, and salts is 

possible within the specific chemical 

designation: 

• para-chlorofentanyl (N-(4- 

chlorophenyl)-N-(1-phenethylpiperidin4-yl)propionamide), 

• ortho-chlorofentanyl (N-(2- 

chlorophenyl)-N-(1-phenethylpiperidin4-yl)propionamide), 

• meta-fluorofuranyl fentanyl (N-(3- 

fluorophenyl)-N-(1-phenethylpiperidin4-yl)furan-2-carboxamide), 

• ortho-methylcyclopropyl fentanyl 

(N-(2-methylphenyl)-N-(1- 

phenethylpiperidin-4- 

yl)cyclopropanecarboxamide), 

• beta-methylacetyl fentanyl (Nphenyl-N-(1-(2-phenylpropyl)piperidin4-yl)acetamide), 

• tetrahydrothiofuranyl fentanyl (N- 

(1-phenethylpiperidin-4-yl)-Nphenyltetrahydrothiophene-2- 

carboxamide), 

• para-fluoro valeryl fentanyl (N-(4- 

fluorophenyl)-N-(1-phenethylpiperidin4-yl)pentanamide). 

Background and Legal Authority 

On February 6, 2018, pursuant to 21 

U.S.C. 811(h)(1), DEA published an 

order in the Federal Register 

temporarily placing fentanyl-related 

substances, as defined in that order, in 

schedule I of the CSA based upon a 

finding that these substances pose an 

imminent hazard to the public safety.1

As discussed below, the seven 

substances named in this rule meet the 

existing definition of fentanyl-related 

substances as they are not otherwise 

controlled in any other schedule (i.e., 

not included under another DEA 

Controlled Substance Code Number) 

and are structurally related to fentanyl 

by one or more of the five modifications 

listed under the definition. 

Additionally, as required by 21 U.S.C. 

811(h)(2), these specific seven 

substances have no exemption or 

approval in effect under section 505 of 

the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 355). That temporary 

order was effective upon the date of 

publication. Pursuant to 21 U.S.C. 

811(h)(2), the temporary control of 

fentanyl-related substances, a class of 

substances as defined in the order, as 

well as the seven specific substances 

already covered by that order, was set to 

expire on February 6, 2020. However, 

on February 6, 2020, as explained in 

DEA’s April 10, 2020 correcting 

amendment,2 Congress extended that 

expiration date until May 6, 2021, by 

enacting the Temporary Reauthorization 

and Study of the Emergency Scheduling 

of Fentanyl Analogues Act.3 This 

temporary order was subsequently 

extended multiple times, most recently 

on December 29, 2022, through the 

Consolidated Appropriations Act, 

2023,4 which extended the order until 

December 31, 2024. Consequently, the 

temporary control of these seven 

substances will remain in effect until 

December 31, 2024, unless DEA 

permanently places them in schedule I 

prior to that date. 

As defined in the February 6, 2018 

temporary scheduling order, fentanylrelated substances include any 

substance not otherwise controlled in 

any schedule (i.e., not included under 

any other Administration Controlled 

Substance Code Number) that is 

structurally related to fentanyl by one or 

more of the following modifications: 

(A) Replacement of the phenyl 

portion of the phenethyl group by any 

monocycle, whether or not further 

substituted in or on the monocycle; 

(B) substitution in or on the phenethyl 

group with alkyl, alkenyl, alkoxyl, 

hydroxyl, halo, haloalkyl, amino or 

nitro groups; 

(C) substitution in or on the 

piperidine ring with alkyl, alkenyl, 

alkoxyl, ester, ether, hydroxyl, halo, 

haloalkyl, amino or nitro groups; 

(D) replacement of the aniline ring 

with any aromatic monocycle whether 

or not further substituted in or on the 

aromatic monocycle; and/or 

(E) replacement of the N-propionyl 

group by another acyl group. 

Further, according to the temporary 

scheduling order, the existence of a 

substance with any one, or any 

combination, of the above-mentioned 

modifications would meet the structural 

requirements of the definition of 

fentanyl-related substance. The present 

seven substances were not otherwise 

controlled under any schedule at the 

time of the temporary order and are 

covered by the order due to having the 

following modifications: 

1. para-chlorofentanyl: substitution 

on the aniline ring (meets definition for 

modification D); 

2. ortho-chlorofentanyl: substitution 

on the aniline ring (meets definition for 

modification D); 

3. meta-fluorofuranyl fentanyl: 

substitution on the aniline ring and 

replacement of the N-propionyl group 

with another acyl group (meets 

definition for modifications D and E); 

4. ortho-methylcyclopropyl fentanyl: 

substitution on the aniline ring and 

replacement of the N-propionyl group 

with another acyl group (meets 

definition for modifications D and E); 

5. beta-methylacetyl fentanyl: 

substitution on the phenethyl group 

with an alkyl group and replacement of 

the N-propionyl group with another acyl 

group (meets definition for 

modifications B and E); 

6. tetrahydrothiofuranyl fentanyl: 

replacement of the N-propionyl group 

with another acyl group (meets 

definition for modification E); 

7. para-fluoro valeryl fentanyl: 

substitution on the aniline ring and 

replacement of the N-propionyl group 

with another acyl group (meets 

definition for modifications D and E). 

As noted above, these specific seven 

substances have no exemption or 

approval in effect under section 505 of 

the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 355). As explained above, 

the temporary control of these seven 

substances will remain in effect until 

December 31, 2024, unless DEA 

permanently places them in schedule I 

prior to that date. However, the CSA 

also provides that during the pendency 

of proceedings to permanently schedule 

a substance under 21 U.S.C. 811(a)(1), 

such temporary scheduling may be 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106313 

5Though DEA has used the term ‘‘final order’’ 

with respect to temporary scheduling orders in the 

past, this document adheres to the statutory 

language of 21 U.S.C. 811(h), which refers to a 

‘‘temporary scheduling order.’’ No substantive 

change is intended. 

6Because 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 temporary order, all subsequent 

references to ‘‘Secretary’’ have been replaced with 

‘‘Assistant Secretary.’’ 

7 21 U.S.C. 811(a). 

8 21 U.S.C. 811(h). 

9 Id. 

10Even if this action were 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. 

11 5 U.S.C. 551(6) (emphasis added). 

12 21 U.S.C. 811(a) and 877. 

13See 21 U.S.C. 811(a). 

14See Schedules of Controlled Substances: 

Temporary Placement of Butonitazene, 

Etodesnitazene, Flunitazene, Metodesnitazene, 

Metonitazene, N-Pyrrolidino etonitazene, and 

Protonitazene in Schedule I, 87 FR 21556 (Apr. 12, 

2022). 

extended for up to one year.5

Proceedings under 21 U.S.C. 811(a) may 

be initiated by the Attorney General 

(delegated to the Administrator of DEA 

pursuant to 28 CFR 0.100) on his own 

motion, at the request of the Secretary 

of Health and Human Services,6 or on 

the petition of any interested party.7

The Administrator of DEA, on her 

own motion pursuant to 21 U.S.C. 

811(a), has initiated proceedings under 

21 U.S.C. 811(a)(1) to permanently 

schedule these seven fentanyl-related 

substances: para-chlorofentanyl, orthochlorofentanyl, meta-fluorofuranyl 

fentanyl, ortho-methylcyclopropyl 

fentanyl, beta-methylacetyl fentanyl, 

tetrahydrothiofuranyl fentanyl, and 

para-fluoro valeryl fentanyl. 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 

substances. On April 3, 2023, DEA 

submitted a request to HHS to provide 

DEA with a scientific and medical 

evaluation of available information and 

a scheduling recommendation for these 

seven fentanyl-related substances (parachlorofentanyl, ortho-chlorofentanyl, 

meta-fluorofuranyl fentanyl, orthomethylcyclopropyl fentanyl, betamethylacetyl fentanyl, 

tetrahydrothiofuranyl fentanyl, and 

para-fluoro valeryl fentanyl) in 

accordance with 21 U.S.C. 811(b) and 

(c). 

Upon evaluating the scientific and 

medical evidence, on October 25, 2024, 

HHS provided DEA with a scientific and 

medical evaluation and scheduling 

recommendation to place these seven 

fentanyl-related substances in schedule 

I of the CSA. 

Upon receipt of the scientific and 

medical evaluation and scheduling 

recommendation from HHS, DEA 

reviewed the documents, and all other 

relevant data, and conducted its own 

eight-factor analysis of the abuse 

potential of these seven fentanyl-related 

substances in accordance with 21 U.S.C. 

811(c). Based on this review, as 

discussed elsewhere in this issue of the 

Federal Register, DEA is publishing a 

notice of proposed rulemaking for the 

placement of these seven fentanylrelated substances in schedule I of the 

CSA. If the proposed rule is finalized, 

DEA will publish a final rule in the 

Federal Register. 

Pursuant to 21 U.S.C. 811(h)(2), the 

Administrator orders that the temporary 

scheduling of seven substances, covered 

by the February 6, 2018 temporary 

scheduling order, be extended for one 

year, or until the permanent scheduling 

proceeding is completed, whichever 

occurs first. These seven substances are: 

para-chlorofentanyl, orthochlorofentanyl, meta-fluorofuranyl 

fentanyl, ortho-methylcyclopropyl 

fentanyl, beta-methylacetyl fentanyl, 

tetrahydrothiofuranyl fentanyl, and 

para-fluoro valeryl fentanyl, including 

their isomers, esters, ethers, salts and 

salts of isomers, esters, and ethers. 

In accordance with this temporary 

scheduling order, the schedule I 

requirements for handling parachlorofentanyl, ortho-chlorofentanyl, 

meta-fluorofuranyl fentanyl, orthomethylcyclopropyl fentanyl, betamethylacetyl fentanyl, 

tetrahydrothiofuranyl fentanyl, and 

para-fluoro valeryl fentanyl, including 

their isomers, esters, ethers, salts and 

salts of isomers, esters, ethers, will 

remain in effect for one year, or until the 

permanent scheduling proceeding is 

completed, whichever occurs first. 

Regulatory Matters 

The CSA provides for an expedited 

temporary scheduling action where 

such action is necessary to avoid an 

imminent hazard to the public safety.8

This provision of the CSA allows the 

Attorney General, by order, to schedule 

a substance in schedule I on a 

temporary basis.9 It 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. 

To the extent that 21 U.S.C. 811(h) 

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 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.10 The APA expressly 

differentiates between orders and rules, 

as it defines an ‘‘order’’ to mean a ‘‘final 

disposition, whether affirmative, 

negative, injunctive, or declaratory in 

form, of an agency in a matter other 

than rule making .’’ 11 This contrasts 

with permanent scheduling actions, 

which are subject to formal rulemaking 

procedures done ‘‘on the record after 

opportunity for a hearing,’’ and final 

decisions that conclude the scheduling 

process and are subject to judicial 

review.12 The specific language chosen 

by Congress indicates an intention for 

DEA to proceed through the issuance of 

an order instead of proceeding by 

rulemaking. Given that Congress 

specifically requires the Attorney 

General to follow rulemaking 

procedures for other kinds of scheduling 

actions,13 it is noteworthy that, in 

subsection 811(h), Congress authorized 

the issuance of temporary scheduling 

actions by order rather than by rule. 

In the alternative, even if this action 

were subject to 5 U.S.C. 553, the 

Administrator finds that there is good 

cause to forgo the notice-and-comment 

requirements and the delayed effective 

date requirements of such section, 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 

that these substances would present if 

scheduling expired, for the reasons 

expressed in the temporary scheduling 

order.14

Further, DEA believes that this order 

extending the 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 (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, DEA is not required by section 

553 of the APA or any other law to 

publish a general notice of proposed 


ddrumheller on DSK120RN23PROD with RULES1
106314 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 

15 5 U.S.C. 808(2). 

rulemaking. Therefore, in this instance, 

since DEA believes this temporary 

scheduling action is not a ‘‘rule,’’ it is 

not subject to the requirements of the 

RFA when issuing this temporary 

action. 

Additionally, in accordance with the 

principles of Executive Orders (E.O.) 

12866, 13563, and 14094, this action is 

not a significant regulatory action. E.O. 

12866 directs agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects; distributive impacts; and 

equity). E.O. 13563 is supplemental to 

and reaffirms the principles, structures, 

and definitions governing regulatory 

review as established in E.O. 12866. 

E.O. 12866, sec. 3(f), as amended by 

E.O. 14094, sec. 1(b), provides the 

definition of a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget. Because 

this is not a rulemaking action, this is 

not a significant regulatory action as 

defined in section 3(f) of E.O. 12866. 

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 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.’’ 15

It is in the public interest to maintain 

the temporary placement of these seven 

substances in schedule I because they 

pose a public health risk. These 

substances are: para-chlorofentanyl, 

ortho-chlorofentanyl, metafluorofuranyl fentanyl, orthomethylcyclopropyl fentanyl, betamethylacetyl fentanyl, 

tetrahydrothiofuranyl fentanyl, and 

para-fluoro valeryl fentanyl. The 

temporary scheduling action was taken 

pursuant to 21 U.S.C. 811(h), which is 

specifically designed to enable DEA to 

act in an expeditious manner to avoid 

an imminent hazard to the public safety. 

Under 21 U.S.C. 811(h), temporary 

scheduling orders are not subject to 

notice and comment rulemaking 

procedures. The CSA frames temporary 

scheduling actions as orders rather than 

rules to ensure that the process moves 

swiftly, and this extension of the 

temporary scheduling order for these 

seven substances continues to serve that 

purpose. For the same reasons that 

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

need to keep these seven 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 order 

extending the temporary scheduling 

order for seven specific substances, 

currently covered under the definition 

of fentanyl-related substances in the 

temporary order, shall take effect 

immediately upon its publication. 

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. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on December 19, 2024, by Administrator 

Anne Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

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, DEA 

amends 21 CFR part 1308 as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for 21 CFR 

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 paragraphs (h)(70) 

through (76) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(70) N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)acetamide, its isomers, esters, ethers, salts and salts of isomers, esters and 

ethers; other name: beta-methylacetyl fentanyl .......................................................................................................................................... 9868 

(71) N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, 

esters and ethers; other name: meta-Fluorofuranyl fentanyl) .................................................................................................................... 9871 

(72) N-(2-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide, its isomers, esters, ethers, salts and salts of isomers, esters and 

ethers; other name: ortho-Chlorofentanyl) .................................................................................................................................................. 9828 

(73) N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers; other name: ortho-methylcyclopropylfentanyl) .................................................................................................. 9849 

(74) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide, its isomers, esters, ethers, salts and salts of isomers, esters and 

ethers; other name: para-Chlorofentanyl) ................................................................................................................................................... 9818 

(75) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)pentanamide, its isomers, esters, ethers, salts and salts of isomers, esters and 

ethers; other name: para-fluoro valeryl fentanyl ........................................................................................................................................ 9870 

(76) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrothiophene-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers; other names: tetrahydrothiofuranyl fentanyl; tetrahydrothiophene fentanyl ................................................... 9869 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations 106315 

[FR Doc. 2024–31130 Filed 12–27–24; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 10020] 

RIN 1545–BI22 

Reissuance of State or Local Bonds 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations that address when taxexempt bonds are treated as retired for 

certain Federal income tax purposes. 

The final regulations are necessary to 

unify and to clarify existing guidance on 

this subject. The final regulations affect 

State and local governments that issue 

tax-exempt bonds. 

DATES: 

Effective date: These regulations are 

effective on December 30, 2024. 

Applicability date: For dates of 

applicability, see § 1.150–3(f). 

FOR FURTHER INFORMATION CONTACT: 

Zoran Stojanovic, (202) 317–6980 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Authority 

This document contains final 

regulations that amend the Income Tax 

Regulations (26 CFR part 1) by adding 

final regulations under section 150 and 

amending the regulations under section 

1001 of the Internal Revenue Code 

(Code) to provide rules for determining 

when tax-exempt bonds are treated as 

retired for purposes of sections 103 and 

141 through 150 of the Code (final 

regulations). 

These final regulations are 

promulgated under the express 

delegation of authority in section 

7805(a) of the Code, which authorizes 

the Secretary of the Treasury or her 

delegate to ‘‘prescribe all needful rules 

and regulations for the enforcement of 

[the Code], including all rules and 

regulations as may be necessary by 

reason of any alteration of law in 

relation to internal revenue.’’ 

Background 

On December 31, 2018, a notice of 

proposed rulemaking (REG–141739–08) 

regarding retirement of tax-exempt 

bonds was published in the Federal 

Register (83 FR 67701) (proposed 

regulations). No public hearing was 

requested or held. Five public 

comments responding to the proposed 

regulations were received and are 

available at https://www.regulations.gov 

or upon request. After careful 

consideration of all the written 

comments, the proposed regulations are 

adopted as amended by this Treasury 

decision in response to such comments 

as described in the Summary of 

Comments and Explanation of 

Revisions. 

1. Overview 

In general, under section 103, interest 

received by the holders of certain bonds 

issued by State and local governments is 

exempt from Federal income tax. To 

qualify for the tax exemption, a bond 

issued by a State or local government 

must satisfy various eligibility 

requirements under sections 141 

through 150 at the time of issuance of 

the bond. If the issuer and holder agree 

after issuance to modify the terms of a 

tax-exempt bond significantly, the 

original bond may be treated as having 

been retired and exchanged for a newly 

issued, modified bond. Similarly, if the 

issuer or its agent acquires and resells 

the bond, the bond may be treated as 

having been extinguished upon 

acquisition and replaced upon resale 

with a newly issued bond. 

The term ‘‘reissuance’’ commonly 

refers to the effect of a transaction in 

which a new bond is deemed to be 

issued in place of an old bond as a 

result of retirement of the old bond 

pursuant to such an exchange or 

extinguishment. In the case of a 

reissuance, the reissued bond must be 

retested for qualification under sections 

103 and 141 through 150. The 

reissuance of an issue of tax-exempt 

bonds may result in various negative 

consequences to the issuer, such as 

changes in yield for purposes of the 

arbitrage investment yield restrictions 

under section 148(a), acceleration of 

arbitrage rebate payment obligations 

under section 148(f), and change-in-law 

risk. 

2. Tender Option Bonds 

Tender option bonds and variable rate 

demand bonds (collectively, tender 

option bonds) have special features that 

present reissuance questions. 

Specifically, tender option bonds have 

original terms that provide for a tender 

option interest rate mode, as described 

in this paragraph. Issuers of tax-exempt 

bonds often preauthorize several 

different interest rate modes in the bond 

documents and retain an option to 

switch interest rate modes under 

parameters set forth in the bond 

documents. During a tender option 

mode, tender option bonds have shortterm interest rates that are reset 

periodically at various short-term 

intervals (typically, every seven days) 

based on the current market rate 

necessary to remarket the bonds at par. 

In connection with each resetting of the 

interest rate, the holder of a tender 

option bond has a right or requirement 

to tender the bond back to the issuer or 

its agent for purchase at par. Tender 

option bonds generally are structured 

with these short-term features supported 

by put options to enable the bonds to be 

eligible for purchase by tax-exempt 

money market funds pursuant to 17 CFR 

270.2a–7 (Rule 2a–7 under the 

Investment Company Act of 1940). 

Tender option bonds also may have 

interest rate mode conversion options 

that permit the issuer or conduit 

borrower to change the interest rate 

mode on the bonds from a tender option 

mode to another short-term interest rate 

mode or to a fixed interest rate to 

maturity. At the time of a conversion to 

another interest rate mode, the holder of 

a tender option bond typically has the 

right or requirement to tender the bond 

for purchase at par. 

Tender option bonds generally have 

third-party liquidity facilities from 

banks or other liquidity providers to 

ensure that there is sufficient cash to 

repurchase the bonds upon a holder’s 

tender, and they also commonly have 

credit enhancement from bond insurers 

or other third-party guarantors. Upon a 

holder’s exercise of its tender rights in 

connection with either a resetting of the 

interest rate during a tender option 

mode or a conversion to another interest 

rate mode, a remarketing agent or a 

liquidity provider typically will acquire 

the bonds subject to the tender and 

resell the bonds either to the same 

bondholders or to others willing to 

purchase such bonds. 

3. Existing Guidance 

To address reissuance questions 

related to tax-exempt bonds, on 

December 27, 1988, the Department of 

the Treasury (Treasury Department) and 

the IRS published Notice 88–130, 1988– 

2 CB 543, which provides rules for 

determining when a tax-exempt bond is 

retired for purposes of sections 103 and 

141 through 150. Notice 88–130 

provides in part that a tax-exempt bond 

is retired when there is a change to the 

terms of the bond that results in a 

disposition of the bond for purposes of 

section 1001. In addition, Notice 88–130 

provides special rules for retirement of 

certain tender option bonds that meet a 

definition of the term ‘‘qualified tender 

bond.’’ 


ddrumheller on DSK120RN23PROD with RULES1