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Rules and Regulations
Federal Register Vol. 86, No. 60
Wednesday, March 31, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF JUSTICE
Drug Enforcement Administration 21 CFR Part 1308
Docket No. DEA565

Schedules of Controlled Substances:
Placement of cyclopentyl fentanyl, isobutyryl fentanyl, parachloroisobutyryl fentanyl, paramethoxybutyryl fentanyl, and valeryl fentanyl in Schedule I; Correction Drug Enforcement Administration, Department of Justice.
ACTION: Final rule; correcting amendment.
AGENCY:

The Drug Enforcement Administration is correcting a final rule that appeared in the Federal Register on November 25, 2020. The document issued an action placing five fentanylrelated substances cyclopentyl fentanyl N-1-phenethylpiperidin-4-yl-Nphenylcyclopentanecarboxamide, isobutyryl fentanyl N-1phenethylpiperidin-4-yl-Nphenylisobutyramide, parachloroisobutyryl fentanyl N-4chlorophenyl-N-1-phenethylpiperidin4-ylisobutyramide, paramethoxybutyryl fentanyl N-4methoxyphenyl-N-1phenethylpiperidin-4-ylbutyramide, and valeryl fentanyl N-1phenethylpiperidin-4-yl-Nphenylpentanamide, including their
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SUMMARY:

isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, permanently in schedule I of the Controlled Substances Act, specifically to the opiates list under DEA regulations. The published document assigned incorrect paragraph numbers to all five substances, and inadvertently removed four other substances from the listed opiates.
DATES: Effective date: March 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Terrence L. Boos, Drug and Chemical Evaluation Section, Diversion Control Division, Drug Enforcement Administration; Telephone: 571 362
3249.
On November 25, 2020, the Drug Enforcement Administration DEA
permanently placed five fentanylrelated substances cyclopentyl fentanyl N-1-phenethylpiperidin-4-yl-Nphenylcyclopentanecarboxamide, isobutyryl fentanyl N-1phenethylpiperidin-4-yl-Nphenylisobutyramide, parachloroisobutyryl fentanyl N-4chlorophenyl-N-1-phenethylpiperidin4-ylisobutyramide, paramethoxybutyryl fentanyl N-4methoxyphenyl-N-1phenethylpiperidin-4-ylbutyramide, and valeryl fentanyl N-1phenethylpiperidin-4-yl-Nphenylpentanamide in schedule I of the Controlled Substances Act CSA, specifically to the opiates list under 21
CFR 1308.11b. 85 FR 75231. The final rule incorrectly assigned paragraph numbers 22, 40, 56, and 59 under paragraph b to cyclopentyl fentanyl, isobutyryl fentanyl, parachloroisobutyryl fentanyl, and paramethoxybutyryl fentanyl, respectively, overriding previously assigned paragraph numbers for four listed
SUPPLEMENTARY INFORMATION:

opiates crotonyl fentanyl, ketobemidone, para-fluorofentanyl, and phenampromide i.e., b22, 40, 56, and 59. In addition, the final rule incorrectly added valeryl fentanyl as a new paragraph b75 instead of b76.
This document updates the numbering of all listed opiates in paragraph b, and specifically corrects the paragraph numbers for cyclopentyl fentanyl, isobutyryl fentanyl, parachloroisobutyryl fentanyl, paramethoxybutyryl fentanyl, and valeryl fentanyl, and reassigns paragraph numbers for crotonyl fentanyl, ketobemidone, para-fluorofentanyl, and phenampromide. It bears emphasis that DEA still considers the four substances crotonyl fentanyl, ketobemidone, parafluorofentanyl, and phenampromide to have been schedule I substances during the time period from the issuance of the November 25, 2020, final rule to this correction, despite these inadvertent numbering errors.1
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, 21 CFR
part 1308 is amended as follows:
PART 1308SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:

Authority: 21 U.S.C. 811, 812, 871b, 956b, unless otherwise noted.

2. In 1308.11b, revise the table to read as follows:

1308.11

Schedule I.

b

1 Acetyl-alpha-methylfentanyl N-1-1-methyl-2-phenethyl-4-piperidinyl-N-phenylacetamide
2 Acetylmethadol
3 Acetyl fentanyl N-1-phenethylpiperidin-4-yl-N-phenylacetamide
4 Acryl fentanyl N-1-phenethylpiperidin-4-yl-N-phenylacrylamide; also known as acryloylfentanyl
5 AH7921 3,4-dichloro-N-1-dimethylaminocyclohexylmethylbenzamide
6 Allylprodine
7 Alphacetylmethadol except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM
8 Alphameprodine
9 Alphamethadol
1 Under the CSA, a controlled substance may only be removed from the schedules, or transferred to another schedule, where DEA expressly does so by a scheduling action issued in accordance with 21

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U.S.C. 811 and published in the Federal Register.
DEA took no such action with respect to crotonyl fentanyl, ketobemidone, para-fluorofentanyl, and phenampromide. Accordingly, the scheduling
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status of these four substances was never altered by the final rule that appeared in the Federal Register on November 25, 2020.

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