; (B) is expressly listed in this schedule or another schedule by a statutory provision other than this subsection; or (C) is removed from this schedule, or rescheduled to another schedule, pursuant to section 201(k). (4) The Attorney General shall publish in the Federal Register a list of individual substances that meet the definition of fentanyl-related substances in paragraph (2) within 60 days of determining such substances meet such definition. The absence of a substance on any such list does not negate the control status of such substance if the substance meets the criteria specified in paragraph (2) to be considered a fentanyl-related substance. (5) Notwithstanding any other provision of this title or title III, fentanyl-related substances shall not be subject to quantity-based mandatory minimum penalties pursuant to subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) of this title or paragraph (1)(F) or (2)(F) of section 1010(b) of title III. . 3. Penalty provisions with respect to fentanyl-related substances—domestic offenses Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) ) is amended— (1) in subparagraph (A), by striking clause (vi) and inserting the following: (vi) (I) 400 grams or more of a mixture or substance containing a detectable amount of fentanyl; or (II) 100 grams or more of a mixture or substance containing a detectable amount of any analogue of fentanyl that is controlled in schedule I or II or that is treated as a schedule I controlled substance pursuant to section 203(a), except for a fentanyl-related substance as defined in schedule I(e) of section 202(c); ; (2) in subparagraph (B), by striking clause (vi) and inserting the following: (vi) (I) 40 grams or more of a mixture or substance containing a detectable amount of fentanyl