Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 65421 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 AD: 

SOCATA: Docket No. FAA–2011–1139; 

Directorate Identifier 2011–CE–021–AD. 

Comments Due Date 

(a) We must receive comments by 

December 5, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to SOCATA Model 

TBM 700 airplanes, serial numbers (SN) 1 

through 572, 574, and 576, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A TBM 700 operator reported a case of 

inverted installation of aileron control cables 

in the wing. The shortest cable was found 

installed instead of the longest one on wing 

tip side, with left hand (LH) threaded end in 

upper section. This wrong installation could 

have been caused by mistaken maintenance 

data. 

This condition, if not detected and 

corrected, could lead to restricted movement 

of the aileron, resulting in reduced control of 

the aeroplane, particularly when operating 

under adverse flight conditions on landing 

and during avoidance manoeuvres. 

For the reasons described above, this AD 

requires an inspection to verify the correct 

installation of the aileron control cables and, 

in case of discrepancies, proper reinstallation of the cables in accordance with 

the approved design configuration. 

Even with potentially reduced aileron 

deflection, Socata’s analysis shows that the 

airplane is still capable of achieving its 

published cross wind landing limits. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 12 months after the effective 

date of this AD or within 100 hours time-inservice (TIS) after the effective date of this 

AD, whichever occurs first, inspect the 

aileron control cables in left and right wings 

for proper installation following the 

accomplishment instructions of DAHER– 

SOCATA Mandatory Service Bulletin SB 70– 

191–27, dated April 2011. 

(2) If during the inspection required by 

paragraph (f)(1) of this AD you find the 

cables are improperly installed, before 

further flight, remove the cables and correctly 

re-install the cables following the 

accomplishment instructions of DAHER– 

SOCATA Mandatory Service Bulletin SB 70– 

191–27, dated April 2011. 

(3) After the effective date of this AD, after 

each removal of the aileron control cables, 

you must re-install using the maintenance 

manual temporary revisions below: 

(i) For S/N 1 through 433: SOCATA TBM 

700 Model Maintenance Manual Temporary 

Revision No. TR040.27, dated April 2011. 

(ii) For S/N 434 through 572, 574 and 576: 

SOCATA TBM 850 Maintenance Manual 

Temporary Revision No. TR015.27, dated 

April 2011. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The 

compliance time of the MCAI is 12 months 

after the effective day of the AD. This differs 

from the service bulletin of 12 months or 100 

hours TIS, whichever occurs first. To assure 

that the unsafe condition is addressed on all 

airplanes in a timely manner, the FAA is 

using the compliance time from the service 

bulletin. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4119; fax: (816) 329– 

4090; e-mail: albert.mercado@faa.gov. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No.: 2011–0101, 

dated May 25, 2011; DAHER–SOCATA 

Mandatory Service Bulletin SB 70–191–27, 

dated April 2011; SOCATA TBM 700 Model 

Maintenance Manual Temporary Revision 

No. TR040.27, dated April 2011; and 

SOCATA TBM 850 Maintenance Manual 

Temporary Revision No. TR015.27, dated 

April 2011, for related information. For 

service information related to this AD, 

contact SOCATA—Direction des Services— 

65921 Tarbes Cedex 9—France; telephone 

+33 (0) 62 41 7300, fax +33 (0) 62 41 76 54, 

or for North America: SOCATA NORTH 

AMERICA, 7501 South Airport Road, North 

Perry Airport (HWO), Pembroke Pines, 

Florida 33023; telephone: (954) 893–1400; 

fax: (954) 964–4141; e-mail: 

mysocata@socata.daher.com; Internet: http:// 

mysocata.com. You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Issued in Kansas City, Missouri, on 

October 14, 2011. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–27264 Filed 10–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1155; Directorate 

Identifier 2011–CE–032–AD] 

RIN 2120–AA64 

Airworthiness Directives; SchemppHirth Flugzeugbau GmbH Gliders 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Schempp-Hirth Flugzeugbau GmbH 

Model Discus 2cT gliders. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 


jlentini on DSK4TPTVN1PROD with PROPOSALS
65422 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

It has been reported that small cracks on 

engine pylons, in the area of the lower engine 

support, were not detected through the 

‘‘standard’’ inspection required by the daily 

inspection instructions. The cracks were 

discovered only after having significantly 

grown. 

This condition, if not detected and 

corrected, could lead to an engine pylon 

failure and consequent damage to the 

aeroplane or injury to people on the ground. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by December 5, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.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: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact: SchemppHirth Flugzeugbau GmbH, Krebenstrasse 

25, D–73230 Kirchheim/Teck, Germany; 

phone: +49 7021 7298–0; fax +49 7021 

7298–199; Internet: http:// 

www.schempp-hirth.com; e-mail: 

info@schempp-hirth.com. 

You may review copies of the 

referenced service information at the 

FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call (816) 329– 

4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 

329–4090; e-mail: 

jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2011–1155; Directorate Identifier 

2011–CE–032–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2011–0146, dated August 3, 2011 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

It has been reported that small cracks on 

engine pylons, in the area of the lower engine 

support, were not detected through the 

‘‘standard’’ inspection required by the daily 

inspection instructions. The cracks were 

discovered only after having significantly 

grown. 

This condition, if not detected and 

corrected, could lead to an engine pylon 

failure and consequent damage to the 

aeroplane or injury to people on the ground. 

For the reasons described above, this AD 

requires to replace the daily inspections 

pages of the Aircraft Flight Manual (AFM) 

that are describing the engine pylon 

inspection instructions, to inspect the 

affected engine pylon area in accordance 

with those instructions, and the replacement 

with a newly designed engine pylon in case 

of findings. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Schempp-Hirth Flugzeugbau GmbH 

has issued Schempp-Hirth Flugzeugbau 

GmbH Technical Note No. 863–14, 

dated July 18, 2006; and Schempp-Hirth 

Flugzeugbau GmbH Technical Note No. 

863–20, Revision 1, dated July 27, 2011. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We have proposed additional actions 

in this AD from those in the MCAI to 

provide for additional inspections. We 

believe that in addition to the daily pilot 

inspections of the engine pylon, that an 

initial and annual repetitive inspection 

be accomplished by a properly 

certificated aircraft mechanic. We might 

also have proposed different actions in 

this AD from those in the MCAI in order 

to follow FAA policies. Any such 

differences are highlighted in a NOTE 

within the proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 3 products of U.S. registry. 

We also estimate that it would take 

about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $255, or $85 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 8 work-hours and require parts 

costing $1,697, for a cost of $2,377 per 

product. We have no way of 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 65423 

determining the number of products 

that may need these actions. 

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. 

We are 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 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 AD: 

Schempp-Hirth Flugzeugbau: Docket No. 

FAA–2011–1155; Directorate Identifier 

2011–CE–032–AD. 

Comments Due Date 

(a) We must receive comments by 

December 5, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Schempp-Hirth 

Flugzeugbau Discus 2cT gliders, serial 

numbers 1 through 35, certificated in any 

category, except those on which a engine 

pylon, part number (P/N) M03RT841, is 

installed. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 54: Nacelles/Pylons. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been reported that small cracks on 

engine pylons, in the area of the lower engine 

support, were not detected through the 

‘‘standard’’ inspection required by the daily 

inspection instructions. The cracks were 

discovered only after having significantly 

grown. 

This condition, if not detected and 

corrected, could lead to an engine pylon 

failure and consequent damage to the 

aeroplane or injury to people on the ground. 

For the reasons described above, this AD 

requires to replace the daily inspections 

pages of the Aircraft Flight Manual (AFM) 

that are describing the engine pylon 

inspection instructions, to inspect the 

affected engine pylon area in accordance 

with those instructions, and the replacement 

with a newly designed engine pylon in case 

of findings. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 30 days after the effective date 

of this AD, replace the daily inspection pages 

of the airplane flight manual following 

Schempp-Hirth Flugzeugbau GmbH 

Technical Note No. 863–20 Revision 1, dated 

July 27, 2011. The actions required by this 

paragraph may be performed by the owner/ 

operator (pilot) holding at least a private pilot 

certificate and must be entered into the 

aircraft records showing compliance with 

this AD in accordance with 14 CFR 43.9 

(a)(1)–(4) and 14 CFR 91.417(a)(2)(v). The 

record must be maintained as required by 14 

CFR 91.417, 121.380, or 135.439. All other 

actions in this AD must be done by a 

properly certificated aircraft mechanic. 

(2) Before further flight after doing the 

action in paragraph (f)(1) of this AD and 

repetitively thereafter at intervals not to 

exceed every 12 months, inspect the engine 

pylon for damage or cracks, following the 

daily inspection instructions as amended by 

Schempp-Hirth Flugzeugbau GmbH 

Technical Note No. 863–20 Revision 1, dated 

July 27, 2011. 

(3) If during the daily inspections in the 

instructions amended by Schempp-Hirth 

Flugzeugbau GmbH Technical Note No. 863– 

20 Revision 1, dated July 27, 2011 in 

paragraph (f)(1) of this AD or the inspections 

required in paragraph (f)(2) of this AD, any 

damage or crack is found on the engine 

pylon, before further flight, replace the 

engine pylon with an engine pylon part 

number M03RT841 following Schempp-Hirth 

Flugzeugbau GmbH Technical Note No. 863– 

14, dated July 18, 2006. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: In addition 

to the daily pilot inspections of the engine 

pylon required by the foreign authority, the 

FAA also requires an initial and annual 

repetitive inspection by a properly 

certificated aircraft mechanic. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090; e-mail: jim.rutherford@faa.gov. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 


jlentini on DSK4TPTVN1PROD with PROPOSALS
65424 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 

1 21 CFR 1300.01. 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to MCAI EASA AD No.: 2011– 

0146, dated August 3, 2011; Schempp-Hirth 

Flugzeugbau GmbH Technical Note No. 863– 

14, dated July 18, 2006; and Schempp-Hirth 

Flugzeugbau GmbH Technical Note No. 864– 

20 Revision 1, dated July 27, 2011, for related 

information. For service information related 

to this AD, contact Schempp-Hirth 

Flugzeugbau GmbH, Krebenstrasse 25, D– 

73230 Kirchheim/Teck, Germany; phone: +49 

7021 7298–0; fax +49 7021 7298–199; 

Internet: http://www.schempp-hirth.com; 

e-mail: info@schempp-hirth.com. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

Issued in Kansas City, Missouri, on 

October 17, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–27267 Filed 10–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–354] 

Schedules of Controlled Substances: 

Placement of Ezogabine Into Schedule 

V 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration (DEA) proposes placing 

the substance ezogabine, including its 

salts, isomers, and salts of isomers 

whenever the existence of such salts, 

isomers, and salts of isomers is possible, 

into Schedule V of the Controlled 

Substances Act (CSA). This proposed 

action is pursuant to the CSA which 

requires that such actions be made on 

the record after opportunity for a 

hearing through formal rulemaking. 

DATES: DEA will permit interested 

persons to file written comments on this 

proposal pursuant to 21 CFR 1308.43(g). 

Electronic comments must be submitted 

and written comments must be 

postmarked on or before November 21, 

2011. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after midnight Eastern Time 

on the last day of the comment period. 

Interested persons, defined as those 

‘‘adversely affected or aggrieved by any 

rule or proposed rule issuable pursuant 

to section 201 of the Act (21 U.S.C. 

811),’’ 1 may file a request for hearing 

pursuant to 21 CFR 1308.44 and in 

accordance with 21 CFR 1316.45 and 

1316.47. Requests for hearing, notices of 

appearance, and waivers of 

participation must be received on or 

before November 21, 2011. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–354’’ on all electronic and 

written correspondence. DEA 

encourages all comments be submitted 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document and supplemental 

information to this proposed rule are 

also available at the http:// 

www.regulations.gov Web site for easy 

reference. Paper comments that 

duplicate the electronic submission are 

not necessary as all comments 

submitted to http://www.regulations.gov 

will be posted for public review and are 

part of the official docket record. Should 

you, however, wish to submit written 

comments via regular or express mail, 

they should be sent to the Drug 

Enforcement Administration, Attention: 

DEA Federal Register Representative/ 

OD, 8701 Morrissette Drive, Springfield, 

VA 22152. All requests for hearing must 

be sent to Drug Enforcement 

Administration, Attention: Hearing 

Clerk/LJ, 8701 Morrissette Drive, 

Springfield, VA 22152. 

FOR FURTHER INFORMATION CONTACT: 

Rhea D. Moore, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, Virginia 22152; Telephone 

(202) 307–7165. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov 

and in the DEA’s public docket. Such 

information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all of the personal identifying 

information you do not want posted 

online or made available in the public 

docket in the first paragraph of your 

comment and identify what information 

you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted, and the comment, in 

redacted form, will be posted online and 

placed in the DEA’s public docket file. 

Please note that the Freedom of 

Information Act applies to all comments 

received. If you wish to inspect the 

agency’s public docket file in person by 

appointment, please see the ‘‘For 

Further Information’’ paragraph. 

Request for Hearing, Notice of 

Appearance at or Waiver of 

Participation in Hearing 

In accordance with the provisions of 

the CSA (21 U.S.C. 811(a)), this action 

is a formal rulemaking ‘‘on the record 

after opportunity for a hearing.’’ Such 

proceedings are conducted pursuant to 

the provisions of the Administrative 

Procedure Act (5 U.S.C. 556 and 557) 

and 21 CFR 1308.41. Pursuant to 21 CFR 

1308.44(a)–(c), requests for hearing, 

notices of appearance, and waivers of 

participation may be submitted only by 

interested persons, defined as those 

‘‘adversely affected or aggrieved by any 

rule or proposed rule issuable pursuant 

to section 201 of the Act (21 U.S.C. 

811).’’ Such requests or notices must 

conform to the requirements of 21 CFR 

1308.44(a) or (b) and 1316.47 or 

1316.48, as applicable. A request or 

notice should state, with particularity, 

the interest of the person in the 

proceeding and the objections or issues, 

if any, concerning which the person 

desires to be heard. Any waiver must 

conform to the requirements of 21 CFR 

1308.44(c), including a written 

statement regarding the interested 


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