"Eisai/Arena agree with the DEA to run the review of public comments the entire 45 days."
I don't see how this could possibly work. The DEA is solely responsible for the review and there is nothing about that review that could be agreed with Eisai or Arena.
And where does this "45 days" come from? I saw a recent SA article make that mistake as well. There is nothing about 45 days written in any law or regulation as far as I know. 45 days is only the ballpark historical average amount of time between the close of public comments and the publication of the final rule.
Also, if Eisai is granted its request to have the 30 day lag period (between publication and effectiveness) waived, it is because there is a good public policy reason for granting that waiver, not because of anything Eisai or Arena agreed to do.
That said it is possible that Eisai may know, from its communications with DEA, when publication of the rule will happen and whether its waiver request has been granted. But it is also possible that Eisai is as in the dark as we are.