Public Notice: Affirmative Action Order

STATE OF WISCONSIN

Controlled Substances Board

IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE

CONTROLLED SUBSTANCES BOARD

AFFIRMATIVE ACTION ORDER OF THE

CONTROLLED SUBSTANCES BOARD

FINDINGS

1. On May 12, 2016 , the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register scheduling Butyryl fentanyl ( N -(1-phenethylpiperidin-4-yl)- N - phenylbutyramide ) and Beta- hydroxythiofentanyl ( N -[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]- N -phenylpropionamide) as Schedule I of the federal Controlled Substances Act. The scheduling action is effective May 12, 2016 .

2. The Controlled Substances Board did not receive an objection to similarly treating Butyryl fentanyl ( N -(1-phenethylpiperidin-4-yl)- N - phenylbutyramide ) and Beta- hydroxythiofentanyl ( N -[1-[2-hydroxy-2-(thiophen-2-yl )ethyl ]piperidin-4-yl]- N -phenylpropionamide) as schedule I under ch. 961 , Stats. within 30 days of the date of publication in the federal register.

3. The Controlled Substances Board will promulgate a final rule , without making the determinations or findings required by ss. 961.11(1) , (1m) , (1r) and (2) or s. 961. 15 and omitting the notice of proposed rule making , scheduling Butyryl fentanyl ( N -(1-phenethylpiperidin-4-yl)- N - phenylbutyramide ) and Beta- hydroxythiofentanyl ( N -[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]- N -phenylpropionamide) as Schedule I controlled substance s .

ORDER

Pursuant to s. 961.11(4) , Stats., t he Controlled Substances Board by affirmative action similarly treats b utyryl fentanyl ( N -(1-phenethylpiperidin-4-yl)- N - phenylbutyramide ) and b eta- hydroxythiofentanyl ( N -[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]- N -phenylpropionamide) under chapter 961, Stats. by creating the following :

CSB 2. 41 S cheduling of beta- hydroxythiofentanyl and butyryl fentanyl . Sections 961. 14 (2) ( eu ) and ( ey ) are created to read:

961.14 (2) ( eu ) Beta - hydroxythiofentanyl ( N -[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]- N -phenylpropionamide)

( ey ) Butyryl fentanyl ( N -(1-phenethylpiperidin-4-yl)- N - phenylbutyramide )

This order shall take effect on July 18 , 201 6 to allow for publication in the Administrative Register. The order expires upon promulgation of a final rule.