AD 2026-22-03
Applicability
| Type | Manufacturer | Model | Details |
|---|---|---|---|
| aircraft | Bombardier | Various | Airworthiness Directives; BRP-Rotax GmbH & Co KG (Formerly BRP-Powertrain GMBH & CO KG and Bombardier-Rotax GmbH) Engines |
Unsafe Condition
unsafe condition on these products.
Required Actions
replacement of the turbocharger valve housing and reidentification of the turbocharger
Federal Register Abstract
The FAA is adopting a new airworthiness directive (AD) for all BRP-Rotax GmbH & Co KG (BRP-Rotax) Model 915 iSc2 C24, 915 iSc3 C24, 916 iSc2 A, 916 iSc2 C24, 916 iSc3 A, and 916 iSc3 C24 engines. This AD was prompted by a report of oil leakage from cracks in the wall of the turbocharger valve housing due to insufficient thickness. This AD requires replacement of the turbocharger valve housing and reidentification of the turbocharger. The FAA is issuing this AD to address the unsafe condition on these products.
Document Text
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68882 Federal Register / Vol. 91, No. 210 / Monday, November 2, 2026 / Rules and Regulations actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 747–28A2373 RB, dated November 6, 2025. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 747–28A2373, dated November 6, 2025, which is referred to in Boeing Alert Requirements Bulletin 747–28A2373 RB, dated November 6, 2025. (h) Exceptions to Requirements Bulletin Specifications Where the Compliance Time column of the tables in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 747– 28A2373 RB, dated November 6, 2025, refers to the original issue date of Requirements Bulletin 747–28A2373 RB, this AD requires using the effective date of this AD. (i) Parts Installation Limitation As of the effective date of this AD, no person may install, on any airplane, a Crane Aerospace Hydro-Aire horizontal stabilizer fuel transfer pump housing, transfer pump housing inlet check valve, or transfer pump motor impeller into the horizontal stabilizer fuel tank unless the transfer pump housing inlet check valve and transfer pump motor impeller inlet adapter have been inspected as specified in paragraph (g) of this AD, as applicable, and been determined to be a serviceable part as defined in Boeing Alert Requirements Bulletin 747–28A2373 RB, dated November 6, 2025. (j) Special Flight Permit Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to operate the airplane to a location where the actions required by this AD can be performed, provided the horizontal stabilizer fuel tank is defueled and both transfer pump circuit breakers are locked in the ‘‘open’’ position. (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520, Continued Operational Safety 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 responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (l)(1) of this AD. Information may be emailed to: AMOC@ faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR–520, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (l) Additional Information (1) For more information about this AD, contact Samuel Dorsey, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3415; email: samuel.j.dorsey@faa.gov. (2) Material identified in this AD that is not incorporated by reference is available at the address specified in paragraph (m)(3) of this AD. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin 747–28A2373 RB, dated November 6, 2025. (ii) [Reserved] (3) For Boeing material identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110– SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on October 26, 2026. Brian Knaup, Acting Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service. [FR Doc. 2026–22317 Filed 10–30–26; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2026–11820; Project Identifier MCAI–2026–00964–E; Amendment 39–23505; AD 2026–22–03] RIN 2120–AA64 Airworthiness Directives; BRP-Rotax GmbH & Co KG (Formerly BRP- Powertrain GMBH & CO KG and Bombardier-Rotax GmbH) Engines AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule; request for comments. SUMMARY : The FAA is adopting a new airworthiness directive (AD) for all BRP- Rotax GmbH & Co KG (BRP-Rotax) Model 915 iSc2 C24, 915 iSc3 C24, 916 iSc2 A, 916 iSc2 C24, 916 iSc3 A, and 916 iSc3 C24 engines. This AD was prompted by a report of oil leakage from cracks in the wall of the turbocharger valve housing due to insufficient thickness. This AD requires replacement of the turbocharger valve housing and reidentification of the turbocharger. The FAA is issuing this AD to address the unsafe condition on these products. DATES : This AD is effective November 23, 2026. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 4, 2026. The FAA must receive comments on this AD by December 17, 2026. ADDRESSES : You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov . Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2026–11820; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For European Union Aviation Safety Agency (EASA) material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222– 5110. It is also available at regulations.gov under Docket No. FAA– 2026–11820. VerDate Sep<11>2014 15:46 Oct 30, 2026 Jkt 271001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1 lotter on DSK8BHNXB4PROD with RULES1 68883 Federal Register / Vol. 91, No. 210 / Monday, November 2, 2026 / Rules and Regulations FOR FURTHER INFORMATION CONTACT : Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228–7366; email: joseph.catanzaro@faa.gov. SUPPLEMENTARY INFORMATION : Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments using a method listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2026–11820; Project Identifier MCAI–2026–00964–E’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency AD 2026–0178–E, dated September 14, 2026 (EASA Emergency AD 2026–0178–E) (also referred to as the MCAI), to correct an unsafe condition on BRP-Rotax Model 915 iSc2 A, 915 iSc3 A, 915 iSc2 C24, 915 iSc3 C24, 916 iSc2 A, 916 iSc3 A, 916 iSc3 B, 916 iSc2 C24, and 916 iSc3 C24 engines, all serial numbers. The MCAI states that an occurrence was reported where, during the final testing of a BRP-Rotax Model 916i engine on the production line, oil leakage was found in the area of the turbocharger valve housing. A manufacturer investigation revealed cracks in the wall of the valve housing due to insufficient thickness, caused by a non-conforming manufacturing process during production of the valve housing. To address this potential unsafe condition, BRP-Rotax published service material that identifies the turbochargers with the affected valve housing. This service material also contains instructions for replacement of the valve housing and for reidentification of the turbocharger. This condition, if not detected and corrected, could result in oil leakage during engine operation, smoke generation, engine compartment fire, an in-flight engine shutdown, and possible loss of control of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2026–11820. Material Incorporated by Reference Under 1 CFR Part 51 The FAA reviewed EASA Emergency AD 2026–0178–E, which specifies procedures for replacement of the turbocharger valve housing and reidentification of the turbocharger. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination These products have been approved by the civil aviation authority (CAA) of another country and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. AD Requirements This AD requires accomplishing the actions specified in the material already described, except as discussed under ‘‘Differences Between this AD and the MCAI.’’ Differences Between This AD and the MCAI BRP-Rotax Model 915 iSc2 A, 915 iSc3 A, and 916 iSc3 B engines do not have an FAA type certificate, therefore this AD does not include those engines in the applicability. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some CAA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, EASA Emergency AD 2026–0178–E is incorporated by reference in this AD. This AD requires compliance with EASA Emergency AD 2026–0178–E in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in EASA Emergency AD 2026– 0178–E does not mean that operators need comply only with that section. For example, where the AD requirement refers to ‘‘all required actions and compliance times,’’ compliance with this AD requirement is not limited to the section titled ‘‘Required Action(s) and Compliance Time(s)’’ in EASA Emergency AD 2026–0178–E. Material required by EASA Emergency AD 2026– 0178–E for compliance will be available at regulations.gov under Docket No. FAA–2026–11820 after this AD is published. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq. ) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this VerDate Sep<11>2014 15:46 Oct 30, 2026 Jkt 271001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1 lotter on DSK8BHNXB4PROD with RULES1 68884 Federal Register / Vol. 91, No. 210 / Monday, November 2, 2026 / Rules and Regulations rule because cracks in the wall of the turbocharger valve housing could result in oil leakage during engine operation, smoke generation, engine compartment fire, an in-flight engine shutdown, and possible loss of control of the airplane. At this time, the growth rate of the cracking of the turbocharger valve housing has not been determined. For these reasons, this AD must be accomplished before further flight after the effective date of this AD. This compliance time is shorter than the time necessary for the public to comment and for publication of the final rule. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 51 engines installed on airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: E STIMATED C OSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Replacement of valve housing and re- identification of turbocharger. 2 work-hours × $85 per hour = $170 .................................... $150 $320 $16,320 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES ■ 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2026–22–03 BRP-Rotax GmbH & Co KG (formerly BRP-Powertrain GMBH & CO KG and Bombardier-Rotax GmbH): Amendment 39–23505; Docket No. FAA–2026–11820; Project Identifier MCAI–2026–00964–E. (a) Effective Date This airworthiness directive (AD) is effective November 4, 2026. (b) Affected ADs None. (c) Applicability This AD applies to all BRP-Rotax GmbH & Co KG (formerly BRP–POWERTRAIN GMBH & CO KG and Bombardier-Rotax GmbH) Model 915 iSc2 C24, 915 iSc3 C24, 916 iSc2 A, 916 iSc2 C24, 916 iSc3 A, and 916 iSc3 C24 engines. (d) Subject Joint Aircraft System Component (JASC) Code 8120, Exhaust Turbocharger. (e) Unsafe Condition This AD was prompted by a report of oil leakage from cracks in the wall of the turbocharger valve housing due to insufficient thickness. The FAA is issuing this AD to prevent cracks in the wall of the turbocharger valve housing. The unsafe condition, if not addressed, could result in oil leakage during engine operation, smoke generation, engine compartment fire, an in- flight engine shutdown, and possible loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Action Except as specified in paragraph (h) of this AD: Perform all required actions within the compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) Emergency AD 2026– 0178–E, dated September 14, 2026 (EASA Emergency AD 2026–0178–E). (h) Exceptions to EASA Emergency AD 2026– 0178–E (1) Where EASA Emergency AD 2026– 0178–E refers to its effective date, this AD requires using the effective date of this AD. (2) This AD does not adopt the ‘‘Remarks’’ section of EASA Emergency AD 2026–0178– E. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, International Validation 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 VerDate Sep<11>2014 15:46 Oct 30, 2026 Jkt 271001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1 lotter on DSK8BHNXB4PROD with RULES1 68885 Federal Register / Vol. 91, No. 210 / Monday, November 2, 2026 / Rules and Regulations 1 21 U.S.C. 801–971. 2 Public Law 107–273, 4002, 116 Stat. 1758 (2002). 3 21 CFR 1301.17(a), (b), and (d). 4 5 U.S.C. 553. 5 See EME Homer City Generation, L.P. v. E.P.A., 795 F.3d 118, 134 (D.C. Cir. 2015) (notice and comment are ‘‘unnecessary’’ when an agency ‘‘lacks discretion’’ in deciding how to amend its regulations). 6 See 5 U.S.C. 553(b)(B) (relating to notice and comment procedures). ‘‘[W]hen regulations merely restate the statute they implement, notice-and- comment procedures are unnecessary.’’ Gray Panthers Advocacy Comm. v. Sullivan, 936 F. 2d Continued request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD and email to: AMOC@faa.gov. (2) 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. (j) Additional Information For more information about this AD, contact Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228– 7366; email: joseph.catanzaro@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) Emergency AD 2026–0178–E, dated September 14, 2026. (ii) [Reserved] (3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: ADs@easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov . Issued on October 23, 2026. Steven W. Thompson, Acting Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2026–22307 Filed 10–30–26; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1301 [Docket No. DEA–1302] RIN 1117–AB89 Conforming Amendment Regarding the Criminal Law Technical Amendments Act of 2002 AGENCY : Drug Enforcement Administration, Department of Justice. ACTION : Final rule. SUMMARY : The Criminal Law Technical Amendments Act of 2002 (‘‘Technical Amendments Act’’) became law on November 2, 2002, as part of the 21st Century Department of Justice Appropriations Authorization Act. The Technical Amendments Act amended sections 401(d), 402(c), and 403 of the Controlled Substances Act by replacing outmoded fine amounts with a reference to title 18 of the United States Code in each place that a specific fine amount had appeared. In this rulemaking, the Drug Enforcement Administration (DEA) is amending its regulations to conform them to the statutory amendments made to the Controlled Substances Act by the Technical Amendments Act. DATES : This final rule is effective on November 2, 2026. FOR FURTHER INFORMATION CONTACT : Heather E. Achbach, Regulatory Drafting and Policy Support Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 776– 3882. SUPPLEMENTARY INFORMATION : Legal Authority The Drug Enforcement Administration (DEA) implements and enforces the Comprehensive Drug Abuse Prevention and Control Act of 1970, often referred to as the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act, as amended. 1 The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while providing for the legitimate medical, scientific, research, and industrial needs of the United States. DEA publishes the implementing regulations for these statutes in 21 CFR parts 1300 through 1399. On November 2, 2002, the Technical Amendments Act was enacted as part of the 21st Century Department of Justice Appropriations Authorization Act. 2 The Technical Amendments Act amended sections 401(d), 402(c), and 403 of the CSA (21 U.S.C. 841(d), 842(c), and 843(d), respectively). Of particular relevance to this rulemaking, section 4002 of the Technical Amendments Act replaced the terms ‘‘of not more than $30,000’’ and ‘‘of not more than $60,000’’ with ‘‘under title 18, United States Code’’ each time the terms appeared in 21 U.S.C. 843(d). However, DEA regulations at 21 CFR 1301.17 continue to list ‘‘a fine of not more than $30,000’’ or a fine ‘‘not exceeding $30,000’’ as a possible penalty for providing false information on a registration application, intentionally misusing the affidavit procedure, and obtaining controlled substances through registration by fraudulent means. 3 In this final rule, DEA is amending its regulations to conform to the amendments made to the CSA by the Technical Amendments Act. This rule replaces those terms with ‘‘under title 18, United States Code’’ each time the terms appear in 21 CFR 1301.17. Regulatory Analysis Administrative Procedure Act An agency may find good cause to exempt a rule from certain provisions of the Administrative Procedure Act (APA), 4 including those requiring the publication of a prior notice of proposed rulemaking (NPRM) and the opportunity for public comment, if such actions are determined to be unnecessary, impracticable, or contrary to the public interest. DEA finds that there is good cause within the meaning of the APA to issue this amendment as a final rule without opportunity for public comment and with an immediate effective date. This final rule amends DEA regulations only to the extent necessary to be consistent with current Federal law, as modified by the Technical Amendments Act. The Technical Amendments Act amended the penalty provisions of the CSA that DEA previously implemented in its regulations. Therefore, DEA is obligated to update those regulations. DEA is not exercising discretion with this final rule because this final rule merely amends the regulations to conform to the change to the CSA made by the Technical Amendments Act. Thus, publishing an NPRM or soliciting public comment is unnecessary. 5 In addition, because the statutory changes addressed in this rule have already been in effect since November 2, 2002, DEA finds good cause exists to make this rule effective immediately upon publication. 6 VerDate Sep<11>2014 15:46 Oct 30, 2026 Jkt 271001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1 lotter on DSK8BHNXB4PROD with RULES1
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