Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 49501 

1 16 U.S.C. 799 (2012). 

2 16 U.S.C. 808(e) (2012). 

3 ‘‘New license’’ is the term used in the FPA to 

refer to a license issued to replace a project’s 

expiring license. 

4City of Danville, Virginia, 58 FERC ¶ 61,318, at 

62,020 (1992) (citing Little Falls Hydroelectric 

Associates, 27 FERC ¶ 61,376 (1984)). 

5 Id. (addressing original licenses); Consumers 

Power Co., 68 FERC ¶ 61,077, at 61,384 (1994) 

(addressing new licenses). Projects that entail 

construction of a new dam have generally received 

50-year licenses. City of Danville, Virginia, 58 FERC 

¶ 61,318 at 62,020 (citing Little Falls Hydroelectric 

Associates, 27 FERC ¶ 61,376). 

6Consumers Power Co., 68 FERC ¶ 61,077 at 

61,384. 

(3) Do a general visual inspection of the 

right-hand landing light compartment for 

traces of fuel coming from the APU EFP. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York ACO 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to ATTN: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; fax 516–794–5531. Before 

using any approved AMOC, notify your 

appropriate principal inspector, or lacking a 

principal inspector, the manager of the local 

flight standards district office/certificate 

holding district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, New York ACO Branch, 

FAA; or Transport Canada Civil Aviation 

(TCCA); or Bombardier, Inc.’s TCCA Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

AD CF–2016–32R1, dated October 12, 2016, 

for related information. This MCAI may be 

found in the AD docket on the Internet at 

http://www.regulations.gov by searching for 

and locating Docket No. FAA–2017–0521. 

(2) For more information about this AD, 

contact Steven Dzierzynski, Aerospace 

Engineer, Avionics and Administrative 

Services Section, FAA, New York ACO 

Branch, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 516–228– 

7367; fax 516–794–5531. 

(3) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (k)(3) and (k)(4) of this AD. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Bombardier Service Bulletin 604–28– 

022, dated October 19, 2015. 

(ii) Bombardier Service Bulletin 605–28– 

010, dated October 19, 2015. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; Widebody Customer Response 

Center North America toll-free telephone 1– 

866–538–1247 or direct-dial telephone 1– 

514–855–2999; fax 514–855–7401; email 

ac.yul@aero.bombardier.com; Internet http:// 

www.bombardier.com. 

(4) You may view this service information 

at the FAA, Transport Standards Branch, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on October 

17, 2017. 

Jeffrey E. Duven, 

Director, System Oversight Division, Aircraft 

Certification Service. 

[FR Doc. 2017–23015 Filed 10–25–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 4, 5, and 16 

[Docket No. PL17–3–000] 

Policy Statement on Establishing 

License Terms for Hydroelectric 

Projects 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Policy statement. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

giving notice of a new policy on 

establishing license terms for 

hydroelectric projects. In this Policy 

Statement, the Commission adopts a 40- 

year default license term for original 

and new licenses for hydropower 

projects located at non-federal dams. 

The Policy Statement also sets forth 

when the Commission will consider 

issuing those projects a license with a 

term for less or more than 40 years. 

DATES: This policy statement will be 

applicable as of October 26, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Jayjack, (Technical 

Information), Office of Energy 

Projects, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

6073. 

Carolyn Clarkin, (Legal Information), 

Office of the General Counsel—Energy 

Projects, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426, (202) 502– 

8563. 

SUPPLEMENTARY INFORMATION: 

1. In this Policy Statement, the 

Commission sets forth a new policy on 

establishing license terms for original 

and new licenses for hydropower 

projects located at non-federal dams. 

The goal of this action is to provide 

more certainty for stakeholders 

regarding the Commission’s regulatory 

process, reduce regulatory burden, 

increase administrative efficiency for all 

stakeholders, and further encourage 

licensees to negotiate settlement 

agreements and promptly seek 

authorization to implement voluntary 

environmental, recreational, and 

developmental enhancements. 

I. Background 

A. Current License Term Policy 

2. Section 6 of the Federal Power Act 

(FPA) 1 provides that hydropower 

licenses shall be issued for a term not 

to exceed 50 years. There is no 

minimum license term for original 

licenses. FPA section 15(e) 2 provides 

that any ‘‘new license’’ 3 shall be for a 

term that the Commission determines to 

be in the public interest, but not less 

than 30 years or more than 50 years. 

3. It is current Commission policy to 

set a 50-year term for licenses issued for 

projects located at federal dams.4 For 

projects located at non-federal dams, the 

Commission sets a 30-year term where 

there is little or no authorized 

redevelopment, new construction, or 

environmental mitigation and 

enhancement; a 40-year term for a 

license involving a moderate amount of 

these activities; and a 50-year term 

where there is an extensive amount of 

such activity.5 The Commission 

previously established this policy to 

ease the economic impact of new costs, 

promote balanced and comprehensive 

development of renewable power 

generating resources, and encourage 

licensees to be good environmental 

stewards.6

4. Determining whether the measures 

required under a license are minimal, 

moderate, or extensive is highly caseVerDate Sep<11>2014 18:08 Oct 25, 2017 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1

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49502 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 

7For example, one type of fishway may be more 

expensive than another, and a fishway type that 

might be considered extensive for a small project 

could be seen as minimal for a larger one. 

8See, e.g., Duke Energy Carolinas, LLC, 156 FERC 

¶ 61,010, at P 19 (2016) (Duke Energy) (stating 

Commission’s long-standing policy is to only 

consider measures required in the new license) 

(citing Alabama Power Co., 155 FERC ¶ 61,080, at 

P 72 (2016); Georgia Power Co., 111 FERC ¶ 61,183, 

at P 12 (2005); Ford Motor Co., 110 FERC ¶ 61,236, 

at PP 6–8 (2005)). 

9 18 CFR 2.23 (2017); see also Public Utility of 

District No. 1 of Chelan County, Washington, 127 

FERC ¶ 61,152, at P 18 (2009) (Chelan PUD). 

10See, e.g., Duke Energy, 156 FERC ¶ 61,010 at 

P 12; Alabama Power Co., 155 FERC ¶ 61,080 at P 

71; Public Utility District No. 1 of Douglas County, 

Washington, 143 FERC ¶ 61,130, at PP 12–13 (2013) 

(Douglas PUD); Chelan PUD, 127 FERC ¶ 61,152 at 

PP 12–13; Georgia Power Co., 111 FERC ¶ 61,183 

at P 10; Ford Motor Co., 110 FERC ¶ 61,236 at P 

6. 

11See, e.g., Duke Energy, 156 FERC ¶ 61,010 at 

P 12. 

12See, e.g., id. 

13See, e.g., id. P 20; Alabama Power Co., 155 

FERC ¶ 61,080 at P 71; Duke Energy Progress, Inc., 

153 FERC ¶ 61,056, at P 39 (2015); Douglas PUD, 

143 FERC ¶ 61,130 at P 15. 

14See, e.g., Duke Energy Progress, Inc., 153 FERC 

¶ 61,056 at P 40; Douglas PUD, 143 FERC ¶ 61,130 

at P 18; Chelan PUD, 127 FERC ¶ 61,152 at P 16. 

specific and largely based on a 

qualitative analysis of the record before 

the Commission. In establishing the 

appropriate license term, staff initially 

examines the nature and extent of the 

required measures in the context of the 

project at issue,7 and then uses the cost 

of measures as a check on a qualitative 

conclusion that the measures required 

under the license are minimal, 

moderate, or extensive. The 

Commission’s current policy takes a 

forward-looking approach, such that any 

measures adopted under a prior license 

term are not considered.8 It has also 

been the Commission’s policy to 

coordinate, to the extent feasible, 

license terms for projects in the same 

river basin to maximize consideration of 

cumulative impacts when the projects 

are due to be relicensed.9

5. The length of an original license 

has not been contested on rehearing for 

some time; however, licensees and other 

parties have recently contested the 

length of a new license in several 

relicensing proceedings. The arguments 

raised in these cases include that the 

Commission, when establishing the 

license term, should have considered, or 

given more weight to: Previouslyauthorized capacity-related investments 

or environmental enhancements made 

by the licensee before issuance of the 

new license; 10 total cost of the 

relicensing process; 11 losses in 

generation value related to 

environmental measures; 12 the license 

terms of projects that the license 

applicant states are similarly situated to 

its project; 13 and the license term 

provided for in settlement agreements.14

In each circumstance, the Commission 

declined to extend the length of the 

license. 

B. Notice of Inquiry on Establishing 

License Terms for Hydroelectric Projects 

6. On November 17, 2016, the 

Commission issued a notice of inquiry 

(NOI) to seek comments on whether, 

and if so how, the Commission should 

revise its current license term policy. 

The NOI invited comments on five 

potential license term policy options: (1) 

Retain the current policy; (2) modify the 

current policy to consider voluntary 

authorized actions implemented under 

the prior license (‘‘previouslyauthorized voluntary actions’’); (3) 

replace the current license term policy 

with a policy for a 50-year default 

license term unless a lesser license term 

would be in the public interest (for 

example, to better coordinate the license 

terms of projects in the same river 

basin); (4) add a more quantitative costbased analysis to the current policy; and 

(5) alter the current policy to accept 

license terms agreed upon in settlement 

agreements, when appropriate. 

Comments on alternative policy options 

were also encouraged. The NOI 

established January 24, 2017, as the 

deadline for comments, which staff 

extended to March 24, 2017. 

7. Industry members, federal and state 

resource agencies, environmental and 

recreation groups, and individuals filed 

comments. Most commenters support 

revising the current policy. Several 

commenters state that under the current 

policy stakeholders lack certainty, and, 

consequently, license applicants lack 

guidance on what measures will yield 

longer license terms and are deterred 

from proposing additional protection, 

mitigation, and enhancement measures. 

Further, many commenters state that 

because the policy is forward-looking, 

licensees delay seeking authorizations 

for capacity upgrades and 

environmental and recreational 

enhancements until they apply for a 

new license. Some industry commenters 

state that under the current policy, 

license applicants and settlement 

parties cannot use the license term as a 

bargaining chip because the 

Commission might reject that term in 

the license order. To address these 

concerns, many commenters 

recommend that the Commission 

consider previously-authorized 

voluntary actions and defer to the 

license term that was negotiated as part 

of a settlement agreement. 

8. Commenters disagree on the 50- 

year default license term policy option. 

Industry commenters generally support 

the 50-year default license term because 

they state it would provide a clear, 

predictable standard. Industry 

commenters add that such policy would 

eliminate the current ‘‘penalty’’ for 

efficient, well-maintained, and 

relatively low-impact projects that do 

not require substantial environmental or 

developmental measures and therefore 

only receive a 30-year license. 

9. In contrast, environmental groups, 

individuals, and most resource agencies 

oppose the 50-year default license term 

option. Several resource agencies argue 

that this option would provide little 

incentive for a license applicant to 

voluntarily propose or agree to 

mitigation measures because such 

measures would no longer factor into 

the Commission’s license term decision. 

The resource agencies also contend that 

such policy would result in applicants 

focusing their license application study 

efforts on disproving project effects 

rather than on identifying potential 

mitigation measures. 

10. Most commenters recommend 

against the policy option to adopt a 

more quantitative cost-based analysis. 

Many commenters state that it would be 

difficult to develop a quantitative costbased analysis that takes into account 

the diverse hydropower fleet and 

environmental and recreational values. 

11. As an alternative to the five policy 

options, several industry commenters 

recommend that the Commission adopt 

a 40-year default license term with 

credit (up to an additional 10 years) for 

previously-authorized actions and 

deference to settlement agreements. 

They state that under this alternative, 

licenses should be issued for less than 

40 years only when a license applicant 

has agreed to a settlement agreement 

with a negotiated license term of less 

than 40 years, or voluntarily coordinates 

its license term with other projects in a 

river basin. 

II. Discussion 

12. The extensive comments received 

have given the Commission a deeper 

understanding of the effects that the 

current license term policy has on 

stakeholders in hydropower licensing 

proceedings. The Commission 

recognizes the importance of providing 

license applicants and other 

stakeholders as much certainty as 

possible. License applicants expend 

significant financial resources on 

preparing their license applications and 

complying with their licenses thereafter. 


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15This policy does not apply to pilot 

hydrokinetic projects, which have terms of up to 

five years. See FERC, Licensing Hydrokinetic Pilot 

Projects, www.ferc.gov/industries/hydropower/geninfo/licensing/hydrokinetics/pdf/white_paper.pdf. 

16See, e.g., Chelan PUD, 127 FERC ¶ 61,152 at 

n.27 (settlement states that the signatories do not 

oppose the licensee’s efforts to seek a 50-year term); 

Duke Energy, 156 FERC ¶ 61,010 at P 24 (settlement 

states the signatories agree to support a license term 

that is not less than 40 years nor more than 50 

years). 

17See, e.g., Chelan PUD, 127 FERC ¶ 61,152, at 

P 14 (stating that the licensee acted in order to 

comply with the Endangered Species Act, not to 

simply voluntarily resolve relicensing issues early). 

18Each license incorporates a Commission LForm that includes standard reopener clauses to 

enhance fish and wildlife resources. See 

Standardized Conditions for Inclusion in 

Preliminary Permits and Licenses Issued Under Part 

I of the Federal Power Act, 54 F.P.C. 1792 (1975). 

19 16 U.S.C. 797(e) (2012) (licenses for projects 

located on federal reservations are subject to and 

contain conditions as the Secretary of the 

department under whose supervision such 

reservation falls shall deem necessary). 

20 16 U.S.C. 811 (2012) (Secretaries of the Interior 

and Commerce may prescribe fishway 

prescriptions). 

Further, stakeholders need certainty to 

determine the protection, mitigation, 

and enhancement measures that they 

will negotiate and license applicants 

will propose. 

13. The current policy also affects the 

Commission’s staff and resources 

needed to review and process license 

applications. Staff anticipate that over 

300 projects will enter the relicensing 

process through 2025. Under the current 

policy, staff would establish the license 

term for each of those projects case by 

case. 

14. After considering this matter and 

the comments on the NOI, the 

Commission has decided it is in the 

public interest to change its license term 

policy. With this Policy Statement, the 

Commission establishes a 40-year 

default license term policy for original 

and new licenses for hydropower 

projects located at non-federal dams.15

15. There are three circumstances 

where the Commission will consider 

issuing a license for less or more than 

40 years. First, the Commission will 

establish a shorter or longer term if 

necessary to coordinate license terms for 

projects located in the same river basin. 

Second, the Commission will defer to a 

shorter or longer term explicitly agreed 

upon in a generally-supported 

comprehensive settlement agreement, 

provided that such term does not 

conflict with coordination. Settlement 

agreements that state the settlement 

signatories would not oppose a certain 

term or would support a term within a 

range of years will not be considered to 

include an explicitly agreed upon 

license term.16

16. Third, the Commission will 

consider a longer license term— 

provided that doing so is consistent 

with coordinating license terms within 

a basin—when a license applicant 

specifically requests a longer license 

term based on significant measures 

expected to be required under the new 

license or significant measures 

implemented during the prior license 

term that were not required by that 

license or other legal authority 17 and for 

which the Commission has not already 

given credit through an extension of the 

prior license term. The Commission will 

consider, on a case-by-case basis, 

measures and actions that enhance nondevelopmental project purposes (i.e., 

environmental, project recreation, water 

supply), and those that enhance power 

and developmental purposes, together 

with the cost of those measures and 

actions to determine whether they are 

significant and warrant the granting of 

a longer license term. Maintenance 

measures and measures taken to support 

the licensing process will not be 

considered. As guidance, we note that 

the Commission has found that 

measures including the construction of 

pumped storage facilities, fish passage 

facilities, fish hatcheries, substantial 

recreation facilities, dams, and 

powerhouses warranted longer license 

terms. 

17. There are a number of reasons for 

establishing a 40-year default license 

term with exceptions for coordination, 

deference to generally-supported 

comprehensive settlement agreements, 

and consideration of previouslyauthorized voluntary actions. This 

policy will provide significant certainty 

to licensees, resource agencies, and 

other stakeholders. A 40-year default 

license term will provide a simpler 

method for Commission staff to 

establish license terms, and, thus, 

increase administrative efficiencies. A 

case-specific assessment will only be 

required for those license applications 

that request a longer license term, and 

are not explicitly supported by a 

generally-supported comprehensive 

settlement agreement. Because many 

projects would be relicensed less 

frequently, the policy would also lower 

administrative costs for all stakeholders, 

provide licensees longer license terms to 

recoup costs, and reduce regulatory 

burden. Further, the policy will place 

efficient, low-impact projects that 

require minimal measures—and thus, 

would receive a 30-year term under the 

current policy—on more equal footing 

with projects that require more 

measures. 

18. The policy may also encourage 

licensees to voluntarily make capacity 

upgrades and enhance recreational and 

environmental resources during the 

prior license term. Affected resources 

will benefit from licensees undertaking 

preventative or remedial measures 

sooner rather than later. In addition, the 

policy may further encourage license 

applicants to engage with stakeholders 

to negotiate a license settlement 

agreement. Because a generallysupported comprehensive settlement 

agreements represent stakeholder 

values, terms negotiated as part of those 

agreements are in the public interest, 

provided they do not conflict with 

coordination. 

19. A 40-year default license term will 

not adversely affect environmental and 

recreation resources. All of our licenses 

contain extensive environmental and 

recreation measures. While under our 

new policy some projects may be 

relicensed less frequently and 

unanticipated project effects on 

environmental resources may go 

unmitigated for longer durations of time 

than before, there are many tools 

available to address these unanticipated 

effects in a timely manner. The 

Commission may address serious, 

unanticipated environmental effects 

using its standard reopener article,18

and licensees often file applications for 

license amendments to address 

significant, unanticipated 

environmental issues. Further, resource 

agencies frequently reserve authority to 

address those effects under FPA section 

4(e) (federal reservation) 19 and section 

18 (fishway prescription),20 and in 

water quality certifications issued under 

section 401 of the Clean Water Act. 

Stakeholders have also negotiated with 

or encouraged licensees to propose 

measures that include adaptive 

management approaches to allow for 

appropriate modifications as additional 

information is gathered, new 

technologies develop, and societal and 

environmental needs change. 

20. This Policy Statement will apply 

to all licenses issued following its 

publication in the Federal Register with 

no retroactive application. License 

applicants with pending license 

applications may file a comprehensive 

settlement agreement, or addendum to 

an existing agreement, that includes an 

explicitly agreed upon license term or 

may make a filing demonstrating why 

the Commission should award them a 

longer license term than 40 years. The 

Commission, however, will not 

entertain applications to amend existing 

licenses to extend their license terms 

simply on the basis of this new license 

term policy. Pursuant to current policy, 

licensees that seek to extend existing 

licenses with terms of less than 50 


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49504 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Rules and Regulations 

21See, e.g., Idaho Power Co., 132 FERC ¶ 62,001 

(2010) (10-year extension of the license term due to 

the costs of replacing the project’s existing 

powerhouse and increasing generating capacity); 

PPL Holtwood, LLC, 129 FERC ¶ 62,092 (2009) (16- 

year extension of license term due to costs 

associated with the constructing a new powerhouse, 

installing two turbine generating units at the 

existing powerhouse, and various environmental 

measures). 

1Though 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. 

2As discussed in a memorandum of 

understanding entered into by the Food and Drug 

Administration (FDA) and the National Institute on 

Drug Abuse (NIDA), the FDA acts as the lead agency 

within the HHS in carrying out the Secretary’s 

scheduling responsibilities under the CSA, with the 

concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. 

The Secretary of the HHS has delegated to the 

Assistant Secretary for Health of the HHS the 

authority to make domestic drug scheduling 

recommendations. 58 FR 35460, July 1, 1993. 

years, must justify such requests, for 

example by proposing development, 

environmental, and recreation 

enhancements in a license amendment 

application accompanied by a request 

that the Commission extend their 

license term.21

III. Document Availability 

21. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://

www.ferc.gov) and in FERC’s Public 

Reference Room during normal business 

hours (8:30 a.m. to 5:00 p.m. Eastern 

time) at 888 First Street NE., Room 2A, 

Washington, DC 20426. 

22. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. User assistance is 

available for eLibrary and the 

Commission’s Web site during normal 

business hours from FERC Online 

Support at 202–502–6652 (toll free at 

1–866–208–3676) or email at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202)502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

By the Commission. 

Issued: October 19, 2017. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2017–23286 Filed 10–25–17; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–473] 

Schedules of Controlled Substances: 

Temporary Placement of orthoFluorofentanyl, Tetrahydrofuranyl 

Fentanyl, and Methoxyacetyl Fentanyl 

Into Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Temporary amendment; 

temporary scheduling order. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration is issuing 

this temporary scheduling order to 

schedule the synthetic opioids, N-(2- 

fluorophenyl)-N-(1-phenethylpiperidin4-yl)propionamide (ortho-fluorofentanyl 

or 2-fluorofentanyl), N-(1- 

phenethylpiperidin-4-yl)-Nphenyltetrahydrofuran-2-carboxamide 

(tetrahydrofuranyl fentanyl), and 2- 

methoxy-N-(1-phenethylpiperidin-4-yl)- 

N-phenylacetamide (methoxyacetyl 

fentanyl), into Schedule I. This action is 

based on a finding by the Administrator 

that the placement of orthofluorofentanyl, tetrahydrofuranyl 

fentanyl, and methoxyacetyl fentanyl 

into Schedule I of the Controlled 

Substances Act is necessary to avoid an 

imminent hazard to the public safety. 

As a result of this order, the regulatory 

controls and administrative, civil, and 

criminal sanctions applicable to 

Schedule I controlled substances will be 

imposed on persons who handle 

(manufacture, distribute, reverse 

distribute, import, export, engage in 

research, conduct instructional 

activities or chemical analysis, or 

possess), or propose to handle, orthofluorofentanyl, tetrahydrofuranyl 

fentanyl, and methoxyacetyl fentanyl. 

DATES: This temporary scheduling order 

is effective October 26, 2017, until 

October 28, 2019. If this order is 

extended or made permanent, the DEA 

will publish a document in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Lewis, Diversion Control 

Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

Section 201 of the Controlled 

Substances Act (CSA), 21 U.S.C. 811, 

provides the Attorney General with the 

authority to temporarily place a 

substance into Schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b) if he 

finds that such action is necessary to 

avoid an imminent hazard to the public 

safety. 21 U.S.C. 811(h)(1). In addition, 

if proceedings to control a substance are 

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

Attorney General may extend the 

temporary scheduling 1 for up to one 

year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA, 

21 U.S.C. 812, or if there is no 

exemption or approval in effect for the 

substance under section 505 of the 

Federal Food, Drug, and Cosmetic Act 

(FDCA), 21 U.S.C. 355. 21 U.S.C. 

811(h)(1). The Attorney General has 

delegated scheduling authority under 21 

U.S.C. 811 to the Administrator of the 

DEA. 28 CFR 0.100. 

Background 

Section 201(h)(4) of the CSA, 21 

U.S.C. 811(h)(4), requires the 

Administrator to notify the Secretary of 

the Department of Health and Human 

Services (HHS) of his intention to 

temporarily place a substance into 

Schedule I of the CSA.2 The 

Administrator transmitted notice of his 

intent to place ortho-fluorofentanyl, 

tetrahydrofuranyl fentanyl, and 

methoxyacetyl fentanyl in Schedule I on 

a temporary basis to the Assistant 

Secretary for Health of HHS by letter. 

Notice for these actions was transmitted 

on the following dates: May 19, 2017 

(ortho-fluorofentanyl) and July 5, 2017 

(tetrahydrofuranyl fentanyl and 

methoxyacetyl fentanyl). The Assistant 

Secretary responded by letters dated 

June 9, 2017 (ortho-fluorofentanyl) and 

July 14, 2017 (tetrahydrofuranyl 

fentanyl and methoxyacetyl fentanyl), 

and advised that based on review by the 

Food and Drug Administration (FDA), 

there are currently no investigational 

new drug applications or approved new 

drug applications for orthoVerDate Sep<11>2014 18:08 Oct 25, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1

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