51154 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 

1Though DEA has used the term ‘‘final order’’ 

with respect to temporary scheduling orders in the 

past, this notification 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 Department of Health and Human 

Service (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. 

(2) The merits of the proceeding if all 

parties known to be interested in the 

proceeding have been given notice and 

an opportunity to participate. A 

memorandum of any such discussion 

shall be included in the record of the 

proceeding. 

(c) No interested person outside the 

Department shall make or knowingly 

cause to be made to an employee of the 

Department who is or may reasonably 

be expected to be involved in the 

decisional process of the proceeding, an 

ex parte communication relevant to the 

merits of the proceeding except as 

provided in paragraph (a) of this 

section. 

(d) If an employee of the Department 

who is or may reasonably be expected 

to be involved in the decisional process 

of the proceeding receives or makes or 

knowingly causes to be made a 

communication prohibited by this 

section, the Department shall place on 

the public record of the proceeding: 

(1) All such written communications; 

(2) Memoranda stating the substance 

of all such oral communications; and 

(3) All written responses, and 

memoranda, stating the substance of all 

oral responses thereto. 

(e) Upon receipt of a communication 

knowingly made or knowingly caused to 

be made by a party in violation of this 

section, the Department may, to the 

extent consistent with the interest of 

justice and the policy of the underlying 

statute, require the party to show cause 

why his claim or interest in the 

proceeding should not be dismissed, 

denied, disregarded, or otherwise 

adversely affected on account of such 

violation. 

(f) This section does not constitute 

authority to withhold information from 

Congress. 

§ 1.818 Additional documents to be filed 

with hearing clerk. 

In addition to the documents or 

papers required or authorized by the 

foregoing provisions of this subpart to 

be filed with the hearing clerk, the 

hearing clerk shall receive for filing and 

shall have custody of all papers, reports, 

records, orders, and other documents 

which relate to the administration of 

any order and which the Secretary is 

required to issue or to approve. 

§ 1.819 Hearing before Secretary. 

(a) The Secretary may act in the place 

and stead of a Judge in any proceeding 

herein. When the Secretary so acts, the 

hearing clerk shall transmit the record 

to the Secretary at the expiration of the 

period provided for the filing of 

proposed findings of fact, conclusions, 

and orders, and the Secretary shall then, 

after due consideration of the record, 

issue the final decision in the 

proceeding. 

(b) The Secretary may issue a 

tentative decision in which event the 

parties shall be afforded an opportunity 

to file exceptions before the issuance of 

the final decision. 

Stephen Alexander Vaden, 

Principal Deputy General Counsel, Office of 

the General Counsel. 

[FR Doc. 2017–23877 Filed 11–2–17; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–472] 

Schedules of Controlled Substances: 

Temporary Placement of FUB–AMB 

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 cannabinoid, 

methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3- 

methylbutanoate [FUB–AMB, MMB– 

FUBINACA, AMB–FUBINACA], and its 

optical, positional, and geometric 

isomers, salts, and salts of isomers into 

schedule I. This action is based on a 

finding by the Administrator that the 

placement of this synthetic cannabinoid 

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, FUB– 

AMB. 

DATES: This temporary scheduling order 

is effective November 3, 2017, until 

November 4, 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 Acting Administrator transmitted 

notice of his intent to place FUB–AMB 

into schedule I on a temporary basis to 

the Assistant Secretary for Health by 

letter dated May 19, 2017. The Assistant 

Secretary responded to this notice by 

letter dated June 9, 2017, and advised 

that based on a review by the Food and 

Drug Administration (FDA), there were 

no active investigational new drug 

applications or approved new drug 


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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 51155 

applications for FUB–AMB. The 

Assistant Secretary also stated that the 

HHS has no objection to the temporary 

placement of FUB–AMB into schedule I 

of the CSA. The DEA has taken into 

consideration the Assistant Secretary’s 

comments as required by 21 U.S.C. 

811(h)(4). FUB–AMB is not currently 

listed in any schedule under the CSA, 

and no exemptions or approvals are in 

effect for FUB–AMB under section 505 

of the FDCA, 21 U.S.C. 355. The DEA 

has found that the control of FUB–AMB 

in schedule I on a temporary basis is 

necessary to avoid an imminent hazard 

to the public safety, and as required by 

21 U.S.C. 811(h)(1)(A), a notice of intent 

to temporarily schedule FUB–AMB was 

published in the Federal Register on 

September 11, 2017. 82 FR 42624. 

To find that placing a substance 

temporarily into Schedule I of the CSA 

is necessary to avoid an imminent 

hazard to the public safety, the 

Administrator is required to consider 

three of the eight factors set forth in 

section 201(c) of the CSA, 21 U.S.C. 

811(c): The substance’s history and 

current pattern of abuse; the scope, 

duration and significance of abuse; and 

what, if any, risk there is to the public 

health. 21 U.S.C. 811(h)(3). 

Consideration of these factors includes 

actual abuse, diversion from legitimate 

channels, and clandestine importation, 

manufacture, or distribution. 21 U.S.C. 

811(h)(3). 

A substance meeting the statutory 

requirements for temporary scheduling 

may only be placed in schedule I. 21 

U.S.C. 811(h)(1). Substances in schedule 

I are those that have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. 21 U.S.C. 

812(b)(1). 

Available data and information for 

FUB–AMB, summarized below, indicate 

that this synthetic cannabinoid (SC) has 

a high potential for abuse, no currently 

accepted medical use in treatment in the 

United States, and a lack of accepted 

safety for use under medical 

supervision. The DEA’s three-factor 

analysis and the Assistant Secretary’s 

June 9, 2017 letter are available in their 

entirety under the tab ‘‘Supporting 

Documents’’ of the public docket of this 

action at www.regulations.gov under 

FDMS Docket ID: DEA–2017–0010 

(Docket Number DEA–472). 

FUB–AMB 

The illicit use of the synthetic 

cannabinoid (SC) methyl 2-(1-(4- 

fluorobenzyl)-1H-indazole-3- 

carboxamido)-3-methylbutanoate (Street 

names: FUB–AMB, MMB–FUBINACA, 

AMB–FUBINACA) has dramatically 

increased over the past 12 months 

posing an imminent threat to public 

safety. 

Synthetic Cannabinoids 

SCs are substances synthesized in 

laboratories that mimic the biological 

effects of delta-9-tetrahydrocannabinol 

(THC), the main psychoactive ingredient 

in marijuana. It is believed that SCs 

were first introduced on the designer 

drug market in several European 

countries as ‘‘herbal incense’’ before the 

initial encounter in the United States by 

U.S. Customs and Border Protection 

(CBP) in November 2008. From 2009 to 

the present, misuse and abuse of SCs 

has increased in the United States with 

law enforcement encounters describing 

SCs applied onto plant material and in 

designer drug products intended for 

human consumption. It has been 

demonstrated that the substances and 

the associated designer drug products 

are abused for their psychoactive 

properties. With many generations of 

SCs having been encountered since 

2009, FUB–AMB is one of the latest, and 

the abuse of these substances is 

negatively impacting communities. 

As observed by the DEA and CBP, SCs 

originate from foreign sources, such as 

China. Bulk powder substances are 

smuggled via common carrier into the 

United States and find their way to 

clandestine designer drug product 

manufacturing operations located in 

residential neighborhoods, garages, 

warehouses, and other similar 

destinations throughout the country. 

According to online discussion boards 

and law enforcement encounters, 

applying by spraying or mixing the SCs 

with plant material provides a vehicle 

for the most common route of 

administration—smoking (using a pipe, 

a water pipe, or rolling the drug-laced 

plant material in cigarette papers). 

FUB–AMB has no accepted medical 

use in the United States. Use of this 

specific SC has been reported (see factor 

6) to result in adverse effects in humans. 

Use of other SCs has resulted in signs 

of addiction and withdrawal and based 

on the similar pharmacological profile 

of FUB–AMB, it is believed that there 

will be similar observed adverse effects. 

FUB–AMB is a SC that has 

pharmacological effects similar to the 

Schedule I hallucinogen THC and other 

temporarily and permanently controlled 

Schedule I synthetic cannabinoid 

substances. In addition, the misuse of 

FUB–AMB has been associated with 

multiple overdoses requiring emergency 

medical intervention (see factor 6). With 

no approved medical use and limited 

safety or toxicological information, 

FUB–AMB has emerged on the designer 

drug market, and the abuse of this 

substance for its psychoactive properties 

is concerning. 

Factor 4. History and Current Pattern of 

Abuse 

Synthetic cannabinoids have been 

developed by researchers over the last 

30 years as tools for investigating the 

endocannabinoid system, (e.g. 

determining CB1 and CB2 receptor 

activity). The first encounter of SCs 

within the United States occurred in 

November 2008 by CBP. Since then the 

popularity of SCs and their associated 

products has increased steadily as 

evidenced by law enforcement seizures, 

public health information, and media 

reports. FUB–AMB was originally 

encountered in 2014, but has since seen 

a large increase in its illicit use. The 

misuse of FUB–AMB has been 

associated with multiple overdoses 

involving emergency medical 

intervention. 

Research and clinical reports have 

demonstrated that SCs are applied onto 

plant material so that the material may 

be smoked as users attempt to obtain a 

euphoric and/or psychoactive ‘‘high,’’ 

believed to be similar to marijuana. Data 

gathered from a published study, and 

supplemented by discussions on 

Internet Web sites, demonstrate that 

these products are being abused mainly 

by smoking for their psychoactive 

properties. The adulterated products are 

marketed as ‘‘legal’’ alternatives to 

marijuana. In recent overdoses, FUB– 

AMB has been encountered in the form 

of herbal products, similar to the SCs 

that have been previously available. 

The powder form of SCs is typically 

dissolved in solvents (e.g., acetone) 

before being applied to plant material or 

dissolved in a propellant intended for 

use in electronic cigarette devices. Law 

enforcement personnel have 

encountered various application 

methods including buckets or cement 

mixers in which plant material and one 

or more SCs are mixed together, as well 

as large areas where the plant material 

is spread out so that a dissolved SC 

mixture can be applied directly. Once 

mixed, the SC plant material is then 

allowed to dry before manufacturers 

package the product for distribution, 

ignoring any control mechanisms to 

prevent contamination or to ensure a 

consistent, uniform concentration of the 

substance in each package. Adverse 

health consequences may also occur 

from directly ingesting the drug during 

the manufacturing process. FUB–AMB, 

similar to other SCs, has been 

encountered in the form of dried leave 

or herbal blends. 


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51156 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 

3The National Forensic Laboratory Information 

System (NFLIS) is a national drug forensic 

laboratory reporting system that systematically 

collects results from drug chemistry analyses 

conducted by state and local forensic laboratories 

in the United States. 

The designer drug products laced 

with SCs, including FUB–AMB, are 

often sold under the guise of ‘‘herbal 

incense’’ or ‘‘potpourri,’’ use various 

product names, and are routinely 

labeled ‘‘not for human consumption.’’ 

Additionally, these products are 

marketed as a ‘‘legal high’’ or ‘‘legal 

alternative to marijuana’’ and are readily 

available over the Internet, in head 

shops, or sold in convenience stores. 

There is an incorrect assumption that 

these products are safe, that they are a 

synthetic form of marijuana, and that 

labeling these products as ‘‘not for 

human consumption’’ is a legal defense 

to criminal prosecution. 

It is believed most abusers of SCs or 

SC-related products are smoking the 

product following application to plant 

material. Law enforcement has also 

begun to encounter new variations of 

SCs in liquid form. It is believed abusers 

have been applying the liquid to 

hookahs or ‘‘e-cigarettes,’’ which allows 

the user to administer a vaporized 

liquid that can be inhaled. 

Factor 5. Scope, Duration and 

Significance of Abuse 

SCs including FUB–AMB continue to 

be encountered on the illicit market 

regardless of scheduling actions that 

attempt to safeguard the public from the 

adverse effects and safety issues 

associated with these substances. Novel 

substances are encountered each month, 

differing only by small modifications 

intended to avoid prosecution while 

maintaining the pharmacological effects. 

Law enforcement and health care 

professionals continue to report the 

abuse of these substances and their 

associated products. 

As described by the National Institute 

on Drug Abuse (NIDA), many 

substances being encountered in the 

illicit market, specifically SCs, have 

been available for years but have 

reentered the marketplace due to a 

renewed popularity. The threat of 

serious injury to the individual 

following the ingestion of FUB–AMB 

and other SCs persists. 

The following information details 

information obtained through NFLIS 3

(queried on May 16, 2017), including 

dates of first encounter, exhibits/reports, 

and locations. 

FUB–AMB: NFLIS–6,522 reports, first 

encountered in June 2014, locations 

include: Arizona, Arkansas, California, 

Colorado, Florida, Georgia, Idaho, 

Illinois, Indiana, Iowa, Kansas, 

Kentucky, Louisiana, Maryland, 

Massachusetts, Minnesota, Mississippi, 

Missouri, New Hampshire, New Jersey, 

New Mexico, New York, North Dakota, 

Ohio, Oklahoma, Pennsylvania, Rhode 

Island, South Carolina, Tennessee, 

Texas, Utah, Virginia, Wisconsin and 

Wyoming. 

Factor 6. What, if Any, Risk There Is to 

the Public Health 

FUB–AMB has been identified in 

overdose cases attributed to its abuse. 

Adverse health effects reported from 

these incidents involving FUB–AMB 

have included: Nausea, persistent 

vomiting, agitation, altered mental 

status, seizures, convulsions, loss of 

consciousness, and cardiotoxicity. By 

sharing pharmacological similarities 

with Schedule I substances (D9–THC, 

JWH–018 and other temporarily and 

permanently controlled schedule I SCs), 

SCs pose a risk to the abuser. While 

these adverse effects have been shown 

by a variety of SCs, similar concerns 

remain regarding the welfare of the user 

as it relates to abuse of products laced 

with FUB–AMB. The risk of adverse 

health effects is further increased by the 

fact that similar products vary in the 

composition and concentration of SCs 

applied on the plant material. 

Finding of Necessity of Schedule I 

Placement To Avoid Imminent Hazard 

to Public Safety 

In accordance with 21 U.S.C. 

811(h)(3), based on the available data 

and information summarized above, the 

continued uncontrolled manufacture, 

distribution, importation, exportation, 

conduct of research and chemical 

analysis, possession, and abuse of FUB– 

AMB poses an imminent hazard to the 

public safety. The DEA is not aware of 

any currently accepted medical uses for 

FUB–AMB in the United States. A 

substance meeting the statutory 

requirements for temporary scheduling, 

21 U.S.C. 811(h)(1), may only be placed 

in schedule I. Substances in Schedule I 

are those that have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. Available 

data and information for FUB–AMB 

indicate that this SC has a high potential 

for abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. As required 

by section 201(h)(4) of the CSA, 21 

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

through a letter dated May 19, 2017, 

notified the Assistant Secretary of the 

DEA’s intention to temporarily place 

FUB–AMB in Schedule I. 

A notice of intent was subsequently 

published in the Federal Register on 

September 11, 2017. 82 FR 42624. 

Conclusion 

In accordance with the provisions of 

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

811(h), the Administrator considered 

available data and information, and 

herein set forth the grounds for his 

determination that it is necessary to 

temporarily schedule methyl 2-(1-(4- 

fluorobenzyl)-1H-indazole-3- 

carboxamido)-3-methylbutanoate [FUB– 

AMB, MMB–FUBINACA, AMB– 

FUBINACA] into schedule I of the CSA 

to avoid an imminent hazard to the 

public safety. 

Because the Administrator hereby 

finds it necessary to temporarily place 

this SC into schedule I of the CSA to 

avoid an imminent hazard to the public 

safety, this temporary order scheduling 

this substance is effective on the date of 

publication in the Federal Register, and 

is in effect for a period of two years, 

with a possible extension of one 

additional year, pending completion of 

the regular (permanent) scheduling 

process. 21 U.S.C. 811(h)(1) and (2). 

The CSA sets forth specific criteria for 

scheduling a drug or other substance. 

Permanent scheduling actions in 

accordance with 21 U.S.C. 811(a) are 

subject to formal rulemaking procedures 

done ‘‘on the record after opportunity 

for a hearing’’ conducted pursuant to 

the provisions of 5 U.S.C. 556 and 557. 

21 U.S.C. 811. The permanent 

scheduling process of formal 

rulemaking affords interested parties 

with appropriate process and the 

government with any additional 

relevant information needed to make a 

determination. Final decisions that 

conclude the permanent scheduling 

process of formal rulemaking are subject 

to judicial review. 21 U.S.C. 877. 

Temporary scheduling orders are not 

subject to judicial review. 21 U.S.C. 

811(h)(6). 

Requirements for Handling 

Upon the effective date of this final 

order, FUB–AMB will be subject to the 

regulatory controls and administrative, 

civil, and criminal sanctions applicable 

to the manufacture, distribution, reverse 

distribution, importation, exportation, 

engagement in research, and conduct of 

instructional activities or chemical 

analysis with, and possession of 

schedule I controlled substances 

including the following: 

1. Registration. Any person who 

handles (manufactures, distributes, 

reverse distributes, imports, exports, 


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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 51157 

engages in research, or conducts 

instructional activities or chemical 

analysis with, or possesses), or who 

desires to handle, FUB–AMB must be 

registered with the DEA to conduct such 

activities pursuant to 21 U.S.C. 822, 

823, 957, and 958 and in accordance 

with 21 CFR parts 1301 and 1312, as of 

November 3, 2017. Any person who 

currently handles FUB–AMB and is not 

registered with the DEA, must submit an 

application for registration and may not 

continue to handle FUB–AMB as of 

November 3, 2017, unless the DEA has 

approved that application for 

registration. Retail sales of schedule I 

controlled substances to the general 

public are not allowed under the CSA. 

Possession of any quantity of this 

substance in a manner not authorized by 

the CSA on or after November 3, 2017 

is unlawful and those in possession of 

any quantity of this substance may be 

subject to prosecution pursuant to the 

CSA. 

2. Disposal of stocks. Any person who 

does not desire or is not able to obtain 

a schedule I registration to handle FUB– 

AMB must surrender all quantities of 

currently held FUB–AMB. 

3. Security. FUB–AMB is subject to 

schedule I security requirements and 

must be handled and stored pursuant to 

21 U.S.C. 821, 823, 871(b), and in 

accordance with 21 CFR 1301.71– 

1301.93, as of November 3, 2017. 

4. Labeling and Packaging. All labels, 

labeling, and packaging for commercial 

containers of FUB–AMB must be in 

compliance with 21 U.S.C. 825, 958(e), 

and be in accordance with 21 CFR part 

1302. Current DEA registrants shall have 

30 calendar days from November 3, 

2017, to comply with all labeling and 

packaging requirements. 

5. Inventory. Every DEA registrant 

who possesses any quantity of FUB– 

AMB on the effective date of this order, 

must take an inventory of all stocks of 

this substance on hand, pursuant to 21 

U.S.C. 827 and 958, and in accordance 

with 21 CFR 1304.03, 1304.04, and 

1304.11. Current DEA registrants shall 

have 30 calendar days from the effective 

date of this order to be in compliance 

with all inventory requirements. After 

the initial inventory, every DEA 

registrant must take an inventory of all 

controlled substances (including FUB– 

AMB) on hand on a biennial basis, 

pursuant to 21 U.S.C. 827 and 958, and 

in accordance with 21 CFR 1304.03, 

1304.04, and 1304.11. 

6. Records. All DEA registrants must 

maintain records with respect to FUB– 

AMB pursuant to 21 U.S.C. 827 and 

958(e), and in accordance with 21 CFR 

parts 1304 and 1312, 1317 and 

§ 1307.11. Current DEA registrants 

authorized to handle FUB–AMB shall 

have 30 calendar days from the effective 

date of this order to be in compliance 

with all recordkeeping requirements. 

7. Reports. All DEA registrants who 

manufacture or distribute FUB–AMB 

must submit reports pursuant to 21 

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

CFR parts 1304 and 1312 as of 

November 3, 2017. 

8. Order Forms. All DEA registrants 

who distribute FUB–AMB must comply 

with order form requirements pursuant 

to 21 U.S.C. 828 and in accordance with 

21 CFR part 1305 as of November 3, 

2017. 

9. Importation and Exportation. All 

importation and exportation of FUB– 

AMB must be in compliance with 21 

U.S.C. 952, 953, 957, 958, and in 

accordance with 21 CFR part 1312 as of 

November 3, 2017. 

10. Quota. Only DEA registered 

manufacturers may manufacture FUB– 

AMB in accordance with a quota 

assigned pursuant to 21 U.S.C. 826 and 

in accordance with 21 CFR part 1303 as 

of November 3, 2017. 

11. Liability. Any activity involving 

FUB–AMB not authorized by, or in 

violation of the CSA, occurring as of 

November 3, 2017, 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 section 553, 

as any further delays in the process for 

issuance of temporary scheduling orders 

would be impracticable and 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 (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, 

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. 

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.’’ 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 need to move 

quickly to place this substance into 

schedule I because it poses an imminent 

hazard to public safety, it would be 

contrary to the public interest to delay 

implementation of the temporary 

scheduling order. Therefore, this order 


jstallworth on DSKBBY8HB2PROD with RULES
51158 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 

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. Amend § 1308.11 by adding 

paragraph (h)(18) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(18) methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3- 

methylbutanoate, its optical, positional, 

and geometric isomers, salts and salts of 

isomers (Other names: FUB–AMB, 

MMB–FUBINACA, AMB–FUBINACA) 

(7021) 

* * * * * 

Dated: October 27, 2017. 

Robert W. Patterson, 

Acting Administrator. 

[FR Doc. 2017–24010 Filed 11–2–17; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0979] 

Drawbridge Operation Regulation; 

Kent Island Narrows, Grasonville, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the U.S. Route 50/ 

301 (Kent Narrows) Bridge across the 

Kent Island Narrows, mile 1.0, at 

Grasonville, MD. The deviation is 

necessary to facilitate a routine 

inspection. This deviation allows the 

bridge to remain in the closed-tonavigation position. 

DATES: This deviation is effective from 

9 a.m. on November 7, 2017, to 3 p.m. 

on November 9, 2017. 

ADDRESSES: The docket for this 

deviation [USCG–2017–0979] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Mickey 

Sanders, Bridge Administration Branch 

Fifth District, Coast Guard; telephone 

(757) 398–6587, email 

Mickey.D.Sanders2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Maryland State Highway 

Administration, owner and operator of 

the U.S. Route 50/301 (Kent Narrows) 

Bridge across the Kent Island Narrows, 

mile 1.0, at Grasonville, MD, has 

requested a temporary deviation from 

the current operating schedule to 

accommodate a routine inspection. The 

bridge has a vertical clearance of 18 feet 

above mean high water (MHW) in the 

closed position. 

The current operating schedule is set 

out in 33 CFR 117.561. Under this 

temporary deviation, the bridge will 

require 30 minutes advanced notice to 

open from 9 a.m. on November 7, 2017, 

to 3 p.m. on November 9, 2017. 

The Kent Island Narrows is used by 

a variety of vessels including small 

commercial vessels, recreational vessels 

and tug and barge traffic. The Coast 

Guard has carefully coordinated the 

restrictions with waterway users in 

publishing this temporary deviation. 

Vessels able to pass through the 

bridge in the closed position may do so 

if at least 15 minutes notice is given. 

The bridge will be able to open for 

emergencies and there is no immediate 

alternate route for vessels unable to pass 

through the bridge in the closed 

position. The Coast Guard will also 

inform the users of the waterways 

through our Local and Broadcast Notice 

to Mariners of the change in operating 

schedule for the bridge so that vessel 

operators can arrange their transits to 

minimize any impact caused by this 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of this effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 31, 2017. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2017–24028 Filed 11–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 61 and 62 

RIN 2900–AQ07 

Homeless Veterans 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its regulations 

that govern homeless veterans to 

conform to recent statutory 

requirements. VA is amending the 

definition of homeless veterans by 

including veterans who would 

otherwise be ineligible to receive certain 

benefits because of their length of 

service or type of discharge from the 

Armed Forces. This rule will also 

increase the payment of per diem in 

cases where homeless veterans are 

placed in transitional housing that will 

become permanent housing. This final 

rule is an essential part of VA’s attempts 

to eliminate homelessness among the 

veteran population. 

DATES: This final rule is effective 

December 4, 2017. 

FOR FURTHER INFORMATION CONTACT: Guy 

Liedke, guy.liedke@va.gov, Program 

Analyst, Grant/Per Diem Program, (673/ 

GPD), VA National Grant and Per Diem 

Program Office, 10770 N. 46th Street, 

Suite C–200, Tampa, FL 33617, (877) 

332–0334. (This is a toll-free number.) 

SUPPLEMENTARY INFORMATION: In an 

effort to reduce homelessness in the 

veteran population, Congress has 

required VA to expand its definition of 

veteran as it applies to benefits for 

homeless veterans. See Public Law 114– 

315, sec. 701, 702, and 703 (Dec. 16, 

2016). This new definition will remove 

restrictions on length of military service 

for a homeless veteran receiving certain 

benefits from VA, as well as authorize 

certain benefits for veterans with types 

of discharges from the Armed Forces 

that would normally bar an individual 

from receiving VA benefits. Congress 

also required VA to increase the per 

diem payments for transitional housing 

assistance that will become permanent 

housing for homeless veterans. See 

Public Law 114–315, sec. 711 (Dec. 16, 


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