58050 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued

Country/Entity License requirement License review policy Federal Register citation 

The following Dpeartment of Atomic Energy entities: 

—Bhabha Atomic Research Center (BARC); .........

—Indira Gandhi Atomic Research Center (IGCAR); 

—Indian Rare Earths; ..............................................

—Nuclear reactors (including power plants) not 

under International Atomic Energy Agency 

(IAEA) safeguards, fuel reprocessing and enrichment facilities, heavy water production facilities 

and their collocated ammonia plants.

For all items subject to the 

EAR.

Case-by-case for all items 

listed on the CCL. Presumption of approval for 

EAR99 items.

63 FR 64322, 11/19/98; 65 

FR 14444, 03/17/00; 66 

FR 50090, 10/01/01; 69 

FR 56694, 09/22/04. 

The following Department of Atomic Energy entities: 

—Nuclear reactors (including power plants) subjet 

to International Atomic Energy Agency (IAEA) 

safeguards: Tarapur (TAPS 1 & 2), Rajasthan 

(RAPS 1 & 2).

For all items subject to the 

EAR.

Case-by-case for all items 

listed on the CCL. Presumption of approval for 

EAR99 items. Presumption of approval for all 

items not multilaterally 

controlled for Nuclear 

Proliferation (NPI) reasons for use in the ‘‘balance of plant’’ (non-reactor-related end uses) 1

activities at nuclear facilities subject to International Atomic Energy 

Agency safeguards 

(Rajasthan 1 & 2 and 

Tarapur 1 & 2).

63 FR 64322, 11/19/98; 65 

FR 14444, 03/17/00; 66 

FR 50090, 10/01/01; 69 

FR 56694, 09/22/04. 

* * * * * * * 

1 ‘‘Balance of Plant’’ refers to the part of a nuclear power plant used for power generation (e.g., turbines, controllers, or power distribution) to 

distinguish it from the nuclear reactor. 

Eileen M. Albanese, 

Director, Office of Exporter Services.

[FR Doc. 04–21837 Filed 9–27–04; 11:43 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–252F] 

Schedules of Controlled Substances: 

Placement of Alpha-Methyltryptamine 

and 5-Methoxy-N,NDiisopropyltryptamine Into Schedule I 

of the Controlled Substances Act

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice.

ACTION: Final rule.

SUMMARY: This final rulemaking is 

issued by the Deputy Administrator of 

the Drug Enforcement Administration 

(DEA) to place alpha-methyltryptamine 

(AMT) and 5-methoxy-N,Ndiisopropyltryptamine (5-MeO-DIPT) 

into Schedule I of the Controlled 

Substances Act (CSA). This action by 

the DEA Deputy Administrator is based 

on a scheduling recommendation by the 

Department of Health and Human 

Services (DHHS) and a DEA review 

indicating that AMT and 5-MeO-DIPT 

meet the criteria for placement in 

Schedule I of the CSA. This final rule 

will continue to impose the regulatory 

controls and criminal sanctions of 

Schedule I substances on the 

manufacture, distribution, and 

possession of AMT and 5-MeO-DIPT.

EFFECTIVE DATE: September 29, 2004.

FOR FURTHER INFORMATION CONTACT:

Christine Sannerud, PhD, Chief, Drug 

and Chemical Evaluation Section, Office 

of Diversion Control, Drug Enforcement 

Administration, Washington, DC 20537, 

Telephone (202) 307–7183.

SUPPLEMENTARY INFORMATION: On April 

4, 2003, the Deputy Administrator of the 

DEA published a final rule in the 

Federal Register (68 FR 16427) 

amending § 1308.11(g) of Title 21 of the 

Code of Federal Regulations to 

temporarily place AMT and 5-MeODIPT into Schedule I of the CSA 

pursuant to the temporary scheduling 

provisions of 21 U.S.C. 811(h). This 

final rule, which became effective on 

the date of publication, was based on 

findings by the Deputy Administrator 

that the temporary scheduling of AMT 

and 5-MeO-DIPT was necessary to avoid 

an imminent hazard to the public safety. 

Section 201(h)(2) of the CSA (21 U.S.C. 

811(h)(2)) requires that the temporary 

scheduling of a substance expires at the 

end of one year from the effective date 

of the order. However, if proceedings to 

schedule a substance pursuant to 21 

U.S.C. 811(a)(1) have been initiated and 

are pending, the temporary scheduling 

of a substance may be extended for up 

to six months. On March 31, 2004, the 

Acting Deputy Administrator published 

a notice of proposed rulemaking in the 

Federal Register (69 FR 16838) to place 

AMT and 5-MeO-DIPT into Schedule I 

of the CSA on a permanent basis. The 

temporary scheduling of AMT and 5-

MeO-DIPT, which would have expired 

April 3, 2004, was extended to October 

3, 2004 (69 FR 17034, April 1, 2004). 

One comment was received regarding 

the proposed placement of these 

substances into Schedule I of the CSA. 

The DEA has gathered and reviewed 

the available information regarding the 

pharmacology, chemistry, trafficking, 

actual abuse, pattern of abuse, and the 

relative potential for abuse for AMT and 

5-MeO-DIPT. The Acting Deputy 

Administrator submitted these data to 

the Acting Assistant Secretary for 

Health, Department of Health and 

Human Services (DHHS). In accordance 

with 21 U.S.C. 811(b), the Acting 

Deputy Administrator also requested a 

scientific and medical evaluation and a 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58051

scheduling recommendation for AMT 

and 5-MeO-DIPT from the Acting 

Assistant Secretary of DHHS. On 

September 17, 2004, the Acting 

Assistant Secretary for Health 

recommended that AMT and 5-MeODIPT be permanently controlled in 

Schedule I of the CSA. 

Alpha-methyltryptamine (AMT) and 

5-methoxy-N,N-diisopropyltryptamine 

(5-MeO-DIPT) are tryptamine 

(indoleethylamine) derivatives and 

share several similarities with the 

Schedule I tryptamine hallucinogens 

such as alpha-ethyltryptamine (AET) 

and N,N-dimethyltryptamine (DMT). 

Several other tryptamines also produce 

hallucinogenic/stimulant effects and are 

controlled as Schedule I substances 

under the CSA (bufotenine, 

diethyltryptamine, psilocybin and 

psilocyn). Although tryptamine itself 

appears to lack consistent 

hallucinogenic/stimulant effects, 

substitutions on the indole ring and the 

ethylamine side-chain of this molecule 

result in pharmacologically active 

substances (McKenna and Towers, J. 

Psychoactive Drugs, 16: 347–358, 1984). 

The chemical structures of AMT and 5-

MeO-DIPT possess the critical features 

necessary for hallucinogenic/stimulant 

activity. In drug discrimination studies, 

both AMT and 5-MeO-DIPT substitute 

for 1-(2,5-dimethoxy-4-methylphenyl)-

aminopropane (DOM), a 

phenethylamine-based hallucinogen in 

Schedule I of the CSA. The potencies of 

DOM-like discriminative stimulus 

effects of these and several other similar 

tryptamine derivatives correlate well 

with their hallucinogenic potencies in 

humans (Glennon et al., Eur. J. 

Pharmacol. 86: 453–459, 1983). 

AMT, besides its full generalization to 

DOM, also partially mimics 

amphetamine and 3,4-

methylenedioxymethamphetamine 

(MDMA) in drug discrimination tests in 

experimental animals. AMT increases 

systolic and diastolic arterial blood 

pressures, dilates pupils and produces 

strong motor stimulant effects. The 

behavioral effects of orally administered 

AMT (20 mg) in humans are slow in 

onset, occurring after 3 to 4 hours, and 

gradually subsiding after 12 to 24 hours, 

but may last up to 2 days in some 

subjects. The majority of the subjects 

report euphoria, stimulation, muscle 

tension, muscle ache, nervous tension, 

irritability, restlessness, dizziness, 

impaired motor coordination, unsettled 

feeling in stomach, inability to relax and 

sleep, and visual effects such as blurry 

vision, apparent movement of objects, 

sharper outlines, brighter colors, longer 

after images, and visual hallucinations. 

The majority of the subjects equate the 

effects of a 20 mg dose of AMT to those 

of 50 micrograms of lysergic acid 

diethylamide (LSD). AMT also produces 

dextroamphetamine-like mood elevating 

effects in humans (Hollister et al., J. 

Nervous Ment. Dis., 131: 428–434, 1960; 

Murphree et al., Clin. Pharmacol. Ther. 

2: 722–726, 1961). 

Similar to other classical 

hallucinogens, AMT binds to serotonin 

receptors. It also inhibits 5-HT uptake, 

induces catecholamine release and 

inhibits monoamine oxidase activity. 

The available experimental evidence 

suggests that both serotonergic and 

dopaminergic systems mediate 

behavioral effects of AMT. 

5-MeO-DIPT produces 

pharmacological effects similar to those 

of several Schedule I hallucinogens. The 

synthesis and preliminary human 

psychopharmacology study on 5-MeODIPT was first published in 1981 

(Shulgin and Carter, Comm. 

Psychopharmacol. 4: 363–369, 1981). 

According to this report, subjective 

effects of 5-MeO-DIPT are substantially 

similar to those of MDMA, 3,4-

methylenedioxyamphetamine (MDA) 

and 4-Bromo-2,5-

dimethoxyphenethylamine (2C-B). 5-

MeO-DIPT is an orally active 

hallucinogen. Following oral 

administration of 6–10 mg, 5-MeO-DIPT 

produces subjective effects with an 

onset of about 20–30 minutes, a peak at 

about 1–1.5 hours and duration of about 

3–6 hours. Subjects who have been 

administered 5-MeO-DIPT are talkative 

and disinhibited. 5-MeO-DIPT dilates 

pupils. High doses of 5-MeO-DIPT 

produce nausea, jaw clenching, muscle 

tension and overt hallucinations with 

both auditory and visual distortions. As 

mentioned above, 5-MeO-DIPT fully 

mimics the discriminative stimulus 

effects of DOM, a Schedule I 

hallucinogen. According to the 

discriminative stimulus studies 

conducted by the Drug Evaluation 

Committee of the College on Problems 

of Drug Dependence, 5-MeO-DIPT dosedependently (0.1–3 mg/kg, IP) 

generalizes to LSD with a maximal 

response of about 70% at doses (3 mg/

kg) that severely disrupted responding.

The abuse of stimulant/

hallucinogenic substances in popular all 

night dance parties (‘‘raves’’) and in 

other venues has been a major problem 

in Europe since the 1990s. In the past 

several years, this activity has spread to 

the United States. The Schedule I 

controlled substance MDMA and its 

analogues, collectively known as 

Ecstasy, are the most popular drugs 

abused at these raves. Their abuse has 

been associated with both acute and 

long-term public health and safety 

problems. These raves have also become 

venues for the trafficking and abuse of 

other substances in place of or in 

addition to ‘‘Ecstasy.’’ AMT and 5-MeODIPT belong to such a group of 

substances. 

The abuse of AMT and 5-MeO-DIPT 

began to spread in 1999. Since that time, 

these tryptamines have been 

encountered by law enforcement 

agencies in several states. These 

substances have been commonly 

encountered in tablet, capsule or 

powder forms. The tablet form often 

bears imprints commonly seen on 

MDMA tablets such as spider, alien 

head and ‘‘?’’ logos. These tablets also 

vary in colors such as pink, purple, red, 

and orange. The powder in capsule was 

also found to vary in colors such as 

white, off-white, gray, and burnt orange. 

Data from law enforcement officials 

indicate that 5-MeO-DIPT is often sold 

as ‘‘Foxy’’ or ‘‘Foxy Methoxy’’, while 

AMT has been sold as ‘‘Spirals’’ at least 

in one case. Data gathered from 

published studies indicate that these are 

administered orally at doses ranging 

from 15–40 mg for AMT and 6–20 mg 

for 5-MeO-DIPT. 

According to the Florida Department 

of Law Enforcement (FDLE) report 

issued in 2002, the abuse by teens and 

young adults of AMT and 5-MeO-DIPT 

is an emerging problem. There have 

been reports of abuse of AMT and 5-

MeO-DIPT at clubs and raves in 

Arizona, California, Florida and New 

York. Many tryptamine-based 

substances are illicitly available from 

United States and foreign chemical 

companies and from individuals 

through the Internet. There is also 

evidence of attempted clandestine 

production of AMT and 5-MeO-DIPT in 

Nevada, Virginia and Washington, DC. 

According to data from the System to 

Retrieve Information on Drug Evidence 

(STRIDE), since 1999 Federal law 

enforcement authorities seized 34 drug 

exhibits and filed 14 cases pertaining to 

the trafficking, distribution and abuse of 

AMT during 1999 to 2003. The 

corresponding STRIDE data for 5-MeODIPT included 63 drug exhibits 

pertaining to 32 cases. AMT drug 

seizures included 21 capsules and 

1,011.8 grams of powder, while 5-MeODIPT drug seizures included 12,070 

tablets, 560 capsules, and 6,532.3 grams 

of powder. Since 2001, the National 

Forensic Laboratory Information System 

(NFLIS) registered 10 and 12 cases of 

AMT and 5-MeO-DIPT, respectively. 

AMT drug exhibits included 17 dosage 

units and 7.53 grams of powder, while 

5-MeO-DIPT drug exhibits included 24 

capsules, 3 tablets and 14.42 grams of 

powder. 

58052 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

AMT and 5-MeO-DIPT share 

substantial chemical and 

pharmacological similarities with other 

Schedule I tryptamine-based 

hallucinogens in Schedule I of the CSA. 

AMT shares pharmacological effects of 

amphetamine, a stimulant, and DOM 

and LSD, the Schedule I hallucinogens. 

AMT acts as a stimulant, produces 

euphoria and increases heart rate and 

blood pressure. The evidence suggests 

that 5-MeO-DIPT mimics 

pharmacological effects of MDMA, 

MDA, and 2C–B, the Schedule I 

hallucinogens. It also partially mimics 

amphetamine effects. The risks to the 

public health associated with the above 

mentioned controlled substances are 

well known and documented. AMT and 

5-MeO-DIPT, similar to other 

tryptamine-or phenethylamine-based 

hallucinogens, through the alteration of 

sensory perception and judgment can 

pose serious health risks to the user and 

the general public. Tryptamine, the 

parent molecule of AMT and 5-MeODIPT, is known to produce convulsions 

and death in animals (Tedeschi et al., J. 

Pharmacol. Exp. Ther. 126: 223–232, 

1959). Following extensive studies on 

AMT as a possible antidepressant drug 

in 1960s, The Upjohn Company 

concluded that AMT is a highly toxic 

substance and discontinued the clinical 

studies on this substance. In fact, there 

were two recent published case reports 

describing the instances of emergency 

department admissions resulting from 

abuse of AMT and 5-MeO-DIPT in 2003 

(Long et al., Vet. Human Toxicol., 45: 

149, 2003; Meatherall and Sharma, J. 

Anal. Toxicol., 27: 313–317, 2003). 

There has been at least one confirmed 

death caused by the abuse of AMT in 

Florida in 2003. The above data show 

that the continued, uncontrolled tablet 

or capsule production, distribution and 

abuse of AMT and 5-MeO-DIPT pose 

hazards to the public health and safety. 

There are no recognized therapeutic 

uses of these substances in the United 

States.

The DEA received one comment from 

an organization in response to the 

proposed placement of AMT and 5-

MeO-DIPT into Schedule I of the CSA. 

This organization did not support the 

proposed placement of these drugs into 

Schedule I on the following basis: (1) 

They believed insufficient data exists to 

support placement into Schedule I as 

the mere use of these substances was 

not abuse and (2) Prohibiting the 

possession of these substances is a 

substantial infringement of the 

fundamental right of adults to freedom 

of thought. Both the DEA and the DHHS 

have found that sufficient scientific, 

trafficking and abuse data, as 

summarized herein, does exist to place 

AMT and 5-MeO-DIPT in Schedule I of 

the CSA on a permanent basis. As these 

substances have no legitimate medical 

use in the United States, the trafficking 

in, and use by individuals for the 

psychoactive effects they produce, is 

considered abuse. In addition, the 

control of these substances in Schedule 

I of the CSA does not violate any legally 

protected right. 

Based on all the available information 

gathered and reviewed by the DEA and 

in consideration of the scientific and 

medical evaluation and scheduling 

recommendation by the Assistant 

Secretary of the DHHS, the Deputy 

Administrator has determined that 

sufficient data exist to support the 

placement of AMT and 5-MeO-DIPT 

into Schedule I of the CSA pursuant to 

21 U.S.C. 811(a). The Deputy 

Administrator finds: 

(1) AMT and 5-MeO-DIPT have a high 

potential for abuse. 

(2) AMT and 5-MeO-DIPT have no 

currently accepted medical use in 

treatment in the United States. 

(3) AMT and 5-MeO-DIPT lack 

accepted medical safety for use under 

medical supervision. 

In accordance with 21 U.S.C. 

811(h)(5), the Deputy Administrator 

hereby vacates the order temporarily 

placing AMT and 5-MeO-DIPT into 

Schedule I of the CSA published in the 

Federal Register on April 4, 2003. 

Regulatory Requirements 

With the issuance of this final order, 

AMT and 5-MeO-DIPT continue to be 

subject to regulatory controls and 

administrative, civil and criminal 

sanctions applicable to the manufacture, 

distribution, dispensing, importing and 

exporting of a Schedule I controlled 

substance, including the following: 

1. Registration. Any person who 

manufactures, distributes, dispenses, 

imports or exports AMT and 5-MeODIPT or who engages in research or 

conducts instructional activities with 

respect to AMT and 5-MeO-DIPT or who 

proposes to engage in such activities 

must submit an application for 

Schedule I registration in accordance 

with part 1301 of Title 21 of the Code 

of Federal Regulations. 

2. Security. AMT and 5-MeO-DIPT are 

subject to Schedule I security 

requirements and must be 

manufactured, distributed and stored in 

accordance with §§ 1301.71, 1301.72(a), 

(c), and (d), 1301.73, 1301.74, 1301.75 

(a) and (c) and 1301.76 of Title 21 of the 

Code of Federal Regulations. 

3. Labeling and Packaging. All labels 

and labeling for commercial containers 

of AMT and 5-MeO-DIPT which are 

distributed on or after October 29, 2004 

shall comply with requirements of 

§§ 1302.03 –1302.07 of Title 21 of the 

Code of Federal Regulations. 

4. Quotas. Quotas for AMT and 5-

MeO-DIPT are established pursuant to 

Part 1303 of Title 21 of the Code of 

Federal Regulations. 

5. Inventory. Every registrant required 

to keep records and who possesses any 

quantity of AMT and 5-MeO-DIPT is 

required to keep an inventory of all 

stocks of the substances on hand 

pursuant to §§ 1304.03, 1304.04 and 

1304.11 of Title 21 of the Code of 

Federal Regulations. Every registrant 

who desires registration in Schedule I 

for AMT and 5-MeO-DIPT shall conduct 

an inventory of all stocks of AMT and 

5-MeO-DIPT. 

6. Records. All registrants are required 

to keep records pursuant to §§ 1304.03, 

1304.04 and §§ 1304.21–1304.23 of Title 

21 of the Code of Federal Regulations. 

7. Reports. All registrants required to 

submit reports in accordance with 

§ 1304.33 of Title 21 of the Code of 

Federal Regulations shall do so 

regarding AMT and 5-MeO-DIPT. 

8. Order Forms. All registrants 

involved in the distribution of AMT and 

5-MeO-DIPT must comply with the 

order form requirements of part 1305 of 

Title 21 of the Code of Federal 

Regulations. 

9. Importation and Exportation. All 

importation and exportation of AMT 

and 5-MeO-DIPT must be in compliance 

with part 1312 of Title 21 of the Code 

of Federal Regulations. 

10. Criminal Liability. Any activity 

with AMT and 5-MeO-DIPT not 

authorized by, or in violation of, the 

Controlled Substances Act or the 

Controlled Substances Import and 

Export Act occurring on or after 

September 29, 2004 will continue to be 

unlawful. 

Regulatory Certifications 

Regulatory Flexibility Act 

The Deputy Administrator of the DEA 

hereby certifies that the placement of 

AMT and 5-MeO-DIPT into Schedule I 

of the CSA will not have a significant 

economic impact upon entities whose 

interests must be considered under the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. This action involves the control 

of two substances with no currently 

accepted medical use in the United 

States. 

Executive Order 12866 

This final rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866. Drug 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58053

Scheduling matters are not subject to 

review by the Office of Management and 

Budget pursuant to provisions of 

Executive Order 12866, section 3(d)(1).

Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988 Civil 

Justice Reform. 

Executive Order 13132 

This final rule does not have 

substantial direct effects 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. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule will not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism assessment. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $114,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under provisions of 

the Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by Section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets.

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements.

■ Under the authority vested in the 

Attorney General by Section 201(a) of the 

CSA (21 U.S.C. 811(a)), and delegated to 

the Administrator of the DEA by the 

Department of Justice regulations (28 

CFR 0.100) and re-delegated to the 

Deputy Administrator pursuant to 28 

CFR 0.104, the Deputy Administrator 

amends 21 CFR Part 1308 as follows:

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES

■ 1. The authority citation for Part 1308 

continues to read as follows:

Authority: 21 U.S.C. 811, 812, 871(b) 

unless otherwise noted.

■ 2. Section 1308.11 is amended by:

■ A. Redesignating existing paragraphs 

(d)(15) through (d)(32) as paragraphs 

(d)(16) through (d)(33),

■ B. Adding a new paragraph (d)(15),

■ C. Further redesignating paragraphs 

(d)(19) through (d)(33) as paragraphs 

(d)(20) through (d)(34),

■ D. Adding a new paragraph (d)(19),

■ E. Removing paragraphs (g)(3) and 

(g)(4) to read as follows:

§ 1308.11 Schedule I.

* * * * *

(d) * * * 

(15) Alpha-methyltryptamine (other 

name: AMT)—7432.

* * * * *

(19) 5-methoxy-N,Ndiisopropyltryptamine (other name: 5-

MeO-DIPT) —7439.

* * * * *

Dated: September 23, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–21755 Filed 9–28–04; 8:45 am] 

BILLING CODE 4410–09–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD13–04–039] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events, Strait Thunder Hydroplane 

Races, Port Angeles, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations for the Strait Thunder 

Hydroplane Races held on the waters of 

Port Angeles Harbor, Port Angeles, 

Washington. These special local 

regulations limit the movement of nonparticipating vessels in the regulated 

race area and provide for a viewing area 

for spectator craft. This rule is needed 

to provide for the safety of life on 

navigable waters during the event.

DATES: This rule is effective from 9 a.m. 

on October 1, 2004 through 5 p.m. on 

October 3, 2004 Pacific Daylight Time.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are port of docket CGD13–04–

039 and are available for inspection or 

copying at the U.S. Coast Guard Marine 

Safety Office Puget Sound, 1519 

Alaskan Way South, Building 1, Seattle, 

Washington 98134 between 8 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Jessica Hagen at 

(206) 217–6231.

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The 

hydroplane race poses several dangers 

to the public including excessive noise, 

objects falling from any accidents, and 

hydroplanes racing at high speeds in 

proximity to other vessels. Accordingly, 

prompt regulatory action is needed in 

order to provide for the safety of 

spectators and participants during the 

event. If normal notice and comment 

procedures were followed, this rule 

would not become effective until after 

the date of the event. The Coast Guard 

finds that good cause exists for not 

publishing an NPRM, because doing so 

would be contrary to the interests of 

public safety because immediate action 

is necessary to protect the public. 

Under 5 U.S.C.(d)(3), for the same 

reasons cited above, the Coast Guard 

finds that good cause exists for making 

this rule effective in less than 30 days 

after publication in the Federal 

Register. 

Discussion of Rule 

This rule will create two regulated 

areas, a race area and a viewing area. 

These regulated areas restrict the 

movement of spectator, non-participant, 

vessels during hydroplane races. These 

regulated areas assist in minimizing the 

inherent dangers associated with 

hydroplane races. These dangers 

include, but are not limited to, excessive 

noise, race craft traveling at high speed 

in close proximity to one another and to 

spectator craft, and the risk of airborne 

objects from any accidents associated 

with hydroplanes. In the event that 

hydroplanes require emergency 

assistance, rescuers must have 

immediate and unencumbered access to 

the craft. The Coast Guard, through this 

action, intends to promote the safety of 

personnel, vessels, and facilities in the 

area. Due to these concerns, public 

safety requires these regulations to