Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules 4429 

1Because the Secretary of the HHS has delegated 

to the Assistant Secretary for Health of the HHS the 

authority to make domestic drug scheduling 

recommendations, for purposes of this Notice of 

Intent, all subsequent references to ‘‘Secretary’’ 

have been replaced with ‘‘Assistant Secretary.’’ As 

set forth in a memorandum of understanding 

entered into by HHS, the Food and Drug 

Administration (FDA), and the National Institute on 

Drug Abuse (NIDA), FDA acts as the lead agency 

within HHS in carrying out the Assistant 

Secretary’s scheduling responsibilities under the 

CSA, with the concurrence of NIDA. 50 FR 9518, 

Mar. 8, 1985. 

(ii) Reviewing the programs and 

policies of the Bank designed to ensure 

compliance with applicable laws, 

regulations and policies, and monitoring 

the results of these compliance efforts; 

(8) Review the policies and 

procedures established by senior 

management to assess and monitor 

implementation of the Bank’s strategic 

business plan and the operating goals 

and objectives contained therein; and 

(9) Report periodically its findings to 

the Bank’s board of directors. 

(f) Meetings. The audit committee 

shall prepare written minutes of each 

audit committee meeting. 

§ 1239.34 Dividends. 

A Bank’s board of directors may not 

declare or pay a dividend based on 

projected or anticipated earnings and 

may not declare or pay a dividend if the 

par value of the Bank’s stock is impaired 

or is projected to become impaired after 

paying such dividend. 

CHAPTER XVII—OFFICE OF FEDERAL 

HOUSING ENTERPRISE OVERSIGHT, 

DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

Subchapter C—Safety and Soundness 

PART 1710—[REMOVED] 

■ 6. Remove part 1710. 

PART 1720—[REMOVED] 

■ 7. Remove part 1720. 

Dated: January 15, 2014. 

Melvin L. Watt, 

Director, Federal Housing Finance Agency. 

[FR Doc. 2014–01173 Filed 1–27–14; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–386] 

Schedules of Controlled Substances: 

Temporary Placement of 10 Synthetic 

Cathinones into Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of Intent. 

SUMMARY: The Deputy Administrator of 

the Drug Enforcement Administration 

(DEA) is issuing this notice of intent to 

temporarily schedule 10 synthetic 

cathinones into schedule I pursuant to 

the temporary scheduling provisions of 

the Controlled Substances Act (CSA). 

The 10 substances are: (1) 4-methyl-Nethylcathinone (‘‘4-MEC’’); (2) 4-methylalpha-pyrrolidinopropiophenone (‘‘4- 

MePPP’’); (3) alphapyrrolidinopentiophenone (‘‘a-PVP’’); 

(4) 1-(1,3-benzodioxol-5-yl)-2- 

(methylamino)butan-1-one (‘‘butylone’’); 

(5) 2-(methylamino)-1-phenylpentan-1- 

one (‘‘pentedrone’’); (6) 1-(1,3- 

benzodioxol-5-yl)-2- 

(methylamino)pentan-1-one 

(‘‘pentylone’’); (7) 4-fluoro-Nmethylcathinone (‘‘4-FMC’’); (8) 3- 

fluoro-N-methylcathinone (‘‘3-FMC’’); 

(9) 1-(naphthalen-2-yl)-2-(pyrrolidin-1- 

yl)pentan-1-one (‘‘naphyrone’’); and (10) 

alpha-pyrrolidinobutiophenone (‘‘aPBP’’). This action is based on a finding 

by the Deputy Administrator that the 

placement of these synthetic cathinones 

into schedule I of the CSA is necessary 

to avoid an imminent hazard to the 

public safety. Any final order will be 

published in the Federal Register and 

may not be effective prior to February 

27, 2014. Any final order will impose 

the administrative, civil, and criminal 

sanctions and regulatory controls 

applicable to schedule I substances 

under the CSA on the manufacture, 

distribution, possession, importation, 

exportation, research, and conduct of 

instructional activities of these synthetic 

cathinones. 

DATES: January 28, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Ruth A. Carter, Acting Chief, Policy 

Evaluation and Analysis Section, Office 

of Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152, Telephone (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 201 of the CSA, 21 U.S.C. 811, 

provides the Attorney General with the 

authority to temporarily place a 

substance into schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b) if he 

finds that such action is necessary to 

avoid imminent hazard to the public 

safety. 21 U.S.C. 811(h). In addition, if 

proceedings to control a substance are 

initiated under 21 U.S.C. 811(a)(1), the 

Attorney General may extend the 

temporary scheduling for up to one 

year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA, 

21 U.S.C. 812, or if there is no 

exemption or approval in effect for the 

substance under section 505 of the 

Federal Food, Drug, and Cosmetic Act 

(FDCA), 21 U.S.C. 355. 21 U.S.C. 

811(h)(1); 21 CFR part 1308. The 

Attorney General has delegated his 

authority under 21 U.S.C. 811 to the 

Administrator of the DEA, who in turn 

has delegated her authority to the 

Deputy Administrator of the DEA. 28 

CFR 0.100, 0.104, Appendix to Subpart 

R of Part 0, Sec. 12. 

Section 201(h)(4) of the CSA (21 

U.S.C. 811(h)(4)) requires the Deputy 

Administrator to notify the Secretary of 

the Department of Health and Human 

Services (HHS) of his intention to 

temporarily place a substance into 

schedule I of the CSA.1 As 4-MEC, 4- 

MePPP, a-PVP, butylone, pentedrone, 

pentylone, 4-FMC, 3-FMC, naphyrone, 

and a-PBP are not currently listed in 

any schedule under the CSA, the DEA 

believes that the conditions of 21 U.S.C. 

811(h)(1) have been satisfied. Any 

comments submitted by the Assistant 

Secretary in response to the notice 

transmitted to the Assistant Secretary on 

November 7, 2013, shall be taken into 

consideration before a final order is 

published. 21 U.S.C. 811(h)(4). 

To make a finding that placing a 

substance temporarily into schedule I of 

the CSA is necessary to avoid an 

imminent hazard to the public safety, 

the Deputy Administrator is required to 

consider three of the eight factors set 

forth in section 201(c) of the CSA, 21 

U.S.C. 811(c): the substance’s history 

and current pattern of abuse; the scope, 

duration, and significance of abuse; and 

what, if any, risk there is to the public 

health. 21 U.S.C. 811(h)(3). 

Consideration of these factors includes 

actual abuse, diversion from legitimate 

channels, and clandestine importation, 

manufacture, or distribution. 21 U.S.C. 

811(h)(3). 

A substance meeting the statutory 

requirements for temporary scheduling 

may only be placed in schedule I. 21 

U.S.C. 811(h)(1). Substances in schedule 

I are those that have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. 21 U.S.C. 

812(b)(1). Available data and 

information for 4-MEC, 4-MePPP, aPVP, butylone, pentedrone, pentylone, 

4-FMC, 3-FMC, naphyrone, and a-PBP 

indicate that these 10 synthetic 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1
4430 Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules 

2STRIDE is a database of drug exhibits sent to 

DEA laboratories for analysis. Exhibits from the 

database are from the DEA, other Federal agencies, 

and some local law enforcement agencies. STRIDE 

data was queried on 12/20/2013 by date submitted 

to Federal forensic laboratories. 

3FMC refers to both 3-FMC and 4-FMC. 

4NFLIS is a national drug forensic laboratory 

reporting system that systematically collects results 

from drug chemistry analyses conducted by state 

and local forensic laboratories across the country. 

NFLIS state and local forensic drug reports were 

queried on 12/20/2013. 

5FMC refers to both 3-FMC and 4-FMC. 

6MTF is a research program conducted by the 

University of Michigan’s Institute for Social 

Research under grants from NIDA. MTF tracks drug 

use trends among American adolescents in the 8th, 

10th, and 12th grades and high school graduates 

into adulthood by conducting nationwide surveys. 

cathinones have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. 

Synthetic Cathinones 

Synthetic cathinones are b-ketophenethylamine derivatives of the larger 

phenethylamine structural class 

(amphetamines, cathinones, 2C 

compounds, aminoindanes, etc.). 

Synthetic cathinones share a core 

phenethylamine structure with 

substitutions at the b-position, aposition, phenyl ring, or nitrogen atom. 

The addition of a beta-keto (b-keto) 

substituent (i.e., carbonyl (C=O)) to the 

phenethylamine core structure along 

with substitutions on the alpha (a) 

carbon (C) atom or the nitrogen (N) atom 

produce a variety of substances called 

cathinones or synthetic cathinones. 

Many synthetic cathinones produce 

pharmacological effects substantially 

similar to the schedule I substances 

cathinone, methcathinone, and 3,4- 

methylenedioxymethamphetamine 

(MDMA) and schedule II stimulants 

amphetamine, methamphetamine, and 

cocaine. 4-MEC, 4-MePPP, a-PVP, 

butylone, pentedrone, pentylone, 4- 

FMC, 3-FMC, naphyrone, and a-PBP are 

synthetic cathinones and are 

structurally and pharmacologically 

similar to amphetamine, MDMA, 

cathinone, and other related substances. 

Accordingly, these synthetic cathinone 

substances share substantial similarities 

with schedule I and schedule II 

substances, including similarities with 

respect to desired and adverse effects. In 

general, desired effects reported by 

abusers of synthetic cathinone 

substances include euphoria, sense of 

well-being, increased sociability, 

energy, empathy, increased alertness, 

and improved concentration and focus. 

Abusers also report experiencing 

unwanted effects such as tremor, 

vomiting, agitation, sweating, fever, and 

chest pain. Other adverse or toxic effects 

that have been reported with the abuse 

of synthetic cathinones include 

tachycardia, hypertension, 

hyperthermia, mydriasis, 

rhabdomyolysis, hyponatremia, 

seizures, altered mental status 

(paranoia, hallucinations, delusions), 

and even death. These synthetic 

cathinone substances have no known 

medical use in the United States but 

evidence demonstrates that these 

substances are being abused by 

individuals. There have been 

documented reports of emergency room 

admissions and deaths associated with 

the abuse of synthetic cathinone 

substances. 

Products that contain synthetic 

cathinones have been falsely marketed 

as ‘‘research chemicals,’’ ‘‘plant 

fertilizer,’’ ‘‘jewelry cleaner,’’ ‘‘stain 

remover,’’ ‘‘plant food or fertilizer,’’ 

‘‘insect repellants,’’ or ‘‘bath salts.’’ 

These products are sold at smoke shops, 

head shops, convenience stores, adult 

book stores, and gas stations and can 

also be purchased on the Internet. These 

substances are commonly encountered 

in the form of powders, crystals, resins, 

tablets, and capsules. 

From January 2010 through November 

2013, according to the System to 

Retrieve Information from Drug 

Evidence 2 (STRIDE) data, there are 374 

exhibits for 4-MEC; 122 exhibits for 4- 

MePPP; 659 exhibits for a-PVP; 74 

exhibits for butylone; 288 exhibits for 

pentedrone; 119 exhibits for pentylone; 

37 exhibits for FMC 3; 22 exhibits for 

naphyrone; and 37 exhibits for a-PBP. 

From January 2010 through November 

2013, the National Forensic Laboratory 

Information System 4 (NFLIS) registered 

8,807 reports containing these synthetic 

cathinones (4-MEC—1,876 reports; 4- 

MePPP—288 reports; a-PVP —4,330 

reports; butylone—486 reports; 

pentedrone—1,160 reports; pentylone— 

235 reports; FMC5—291 reports; 

naphyrone—43 reports; a-PBP —98 

reports) across 42 states. 

Factor 4. History and Current Pattern of 

Abuse 

4-MEC, 4-MePPP, a-PVP, butylone, 

pentedrone, pentylone, 4-FMC, 3-FMC, 

naphyrone, and a-PBP are synthetic 

cathinones that emerged on the United 

States’ illicit drug market around the 

time of the temporary scheduling of 

mephedrone, MDPV, and methylone on 

October 21, 2011. 76 FR 65371. 

Mephedrone and MDPV were 

permanently placed in schedule I on 

July 9, 2012 by the Food and Drug 

Administration Safety and Innovation 

Act (Pub. L. 112–144), and methylone 

was permanently placed in schedule I 

by the DEA on April 12, 2013 (78 FR 

21818). These synthetic cathinone 

substances, like the schedule I synthetic 

cathinones (mephedrone, methylone, 

and MDPV), are promoted as being a 

‘‘legal’’ alternative to cocaine, 

methamphetamine, and MDMA. 

Products that contain 4-MEC, 4-MePPP, 

a-PVP, butylone, pentedrone, 

pentylone, 4-FMC, 3-FMC, naphyrone, 

and a-PBP are falsely marketed as 

‘‘research chemicals,’’ ‘‘plant fertilizer,’’ 

‘‘jewelry cleaner,’’ ‘‘stain remover,’’ 

‘‘plant food or fertilizer,’’ ‘‘insect 

repellants,’’ or ‘‘bath salts’’ and are sold 

at smoke shops, head shops, 

convenience stores, adult book stores, 

and gas stations, and can also be 

purchased on the Internet under a 

variety of product names (e.g., ‘‘White 

Dove,’’ ‘‘Explosion,’’ ‘‘Tranquility’’). 

They are commonly encountered in the 

form of powders, crystals, resins, 

tablets, and capsules. The packages of 

these commercial products usually 

contain the warning ‘‘not for human 

consumption.’’ 

Information from published scientific 

studies indicates that the most common 

routes of administration for synthetic 

cathinone substances is ingestion by 

swallowing capsules or tablets or nasal 

insufflation by snorting the powder. 

Other methods of intake include 

intravenous or intramuscular injection, 

rectal administration, and swallowing 

via ingestion by ‘‘bombing’’ (wrapping a 

dose of powder in paper). 

There is evidence that these synthetic 

cathinone substances are abused alone 

or ingested with other substances 

including other synthetic cathinones, 

pharmaceutical agents, or other 

recreational substances. Substances 

found in combination with 4-MEC, 4- 

MePPP, a-PVP, butylone, pentedrone, 

pentylone, 4-FMC, or naphyrone are: 

other synthetic cathinones (e.g., 

methylone and MDPV), common cutting 

agents (e.g., lidocaine, caffeine, 

lignocaine, ephedrine, etc.), or other 

recreational substances. 

Evidence from poison centers and 

published reports suggest that the 

primary users of synthetic cathinones 

are youths and young adults. The Texas 

Poison Center Network reported 

adolescents (12 to 19-years-old) and 

young adults (mean age was 30-yearsold) in 2010 and 2011 as the main 

callers of synthetic cathinone exposures. 

A survey of college students reported 

that the lifetime use (used at least once) 

of synthetic cathinones among college 

students (at a large Southeastern U.S. 

university) is 25 out of 2,349 students 

surveyed. A national survey on drug use 

by the Monitoring the Future (MTF) 6


ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules 4431 

7STRIDE data was queried on 12/20/2013 by date 

submitted to Federal forensic laboratories. 

8NFLIS state and local forensic drug reports were 

queried on 12/20/2013. 9FMC refers to both 3-FMC and 4-FMC. 

research program showed that 0.2% of 

full-time college students (one to four 

years past high school) used synthetic 

cathinone substances in 2012. Similarly, 

the use of synthetic cathinone 

substances among 8th, 10th, and 12th 

grade students and young adults (noncollege peers aged 19 to 28-years-old) 

was 0.8%, 0.6%, 1.3%, and 0.8%, 

respectively. 

Factor 5. Scope, Duration and 

Significance of Abuse 

4-MEC, 4-MePPP, a-PVP, butylone, 

pentedrone, pentylone, 4-FMC, 3-FMC, 

naphyrone, and a-PBP, like 

mephedrone, methylone, and MDPV, 

are popular recreational drugs. Evidence 

that these synthetic cathinone 

substances are being abused is indicated 

by law enforcement encounters of these 

substances. Forensic laboratories have 

analyzed drug exhibits received from 

state, local, and Federal law 

enforcement agencies and confirmed the 

presence of 4-MEC, 4-MePPP, a-PVP, 

butylone, pentedrone, pentylone, 4- 

FMC, 3-FMC, naphyrone, or a-PBP in 

these exhibits. 

STRIDE registered 1,732 drug exhibits 

pertaining to the trafficking, distribution 

and abuse of 4-MEC, 4-MePPP, a-PVP, 

butylone, pentedrone, pentylone, 4- 

FMC, 3-FMC, naphyrone, and a-PBP 

from January 2010 to November 2013.7

Specifically, in 2010, STRIDE contains 

four reports related to 4-MEC and none 

for the other nine substances. However, 

in 2011, there were 205 reports related 

to these 10 substances, and in 2012, 

there were 1,302 reports. From January 

to November 2013 there were 221 

reports (excluding naphyrone). 

NFLIS registered over 8,000 reports 

from state and local forensic laboratories 

identifying these substances in drugrelated exhibits for the period from 

January 2010 to November 2013 across 

42 states. Specifically, in 2010, NFLIS 

registered 13 reports from 5 states 

containing many of these synthetic 

cathinone substances.8 In 2011, there 

were 800 reports from 32 states related 

to these substances registered in NFLIS, 

in 2012 there were 5,485 reports from 41 

states, and from January to November 

2013 there were 2,509 reports from 41 

states. 

Additionally, large seizures of these 

substances have occurred by the U.S. 

Customs and Border Protection (CBP). 

At selected United States ports of entry, 

CBP encountered several shipments of 

products from April 2010 to November 

2013 containing these synthetic 

cathinone substances (4-MEC—78 

encounters; 4-MePPP—8 encounters; aPVP—40 encounters; butylone—21 

encounters; pentedrone—18 encounters; 

pentylone—10 encounters; FMC 9—13 

encounters; naphyrone—3 encounters; 

a-PBP—11 encounters), thus indicating 

the appeal of these substances. Most of 

the shipments of these synthetic 

cathinones originated overseas and were 

destined for delivery throughout the 

United States to states including 

Arizona, Arkansas, California, Colorado, 

Florida, Hawaii, Idaho, Illinois, 

Michigan, Missouri, Nebraska, Nevada, 

New Jersey, New Mexico, Oklahoma, 

Oregon, Texas, Virginia, Washington, 

and Wyoming. 

Concerns over the abuse of these 

synthetic cathinone substances have 

prompted many states to regulate them. 

More than half of the states in the 

United States have emergency 

scheduled or enacted legislation placing 

regulatory controls on some or many of 

the 10 synthetic cathinones that are the 

subject of this notice of intent. In 

addition, due to the use of synthetic 

cathinones by service members, the U.S. 

Armed Forces has prohibited the use of 

synthetic cathinones for intoxication 

purposes. 

Factor 6. What, if Any, Risk There is to 

the Public Health 

Available evidence on the overall 

public health risks associated with the 

use of synthetic cathinones indicates 

that 4-MEC, 4-MePPP, a-PVP, butylone, 

pentedrone, pentylone, 4-FMC, 3-FMC, 

naphyrone, and a-PBP can cause acute 

health problems leading to emergency 

department admissions, violent 

behaviors causing harm to self or others, 

or death. For example, individuals have 

presented at emergency departments 

following exposure to some of these 

synthetic cathinone substances or 

products containing them. In addition, 

products containing these synthetic 

cathinone substances often do not bear 

labeling information regarding their 

ingredients and, if they do, they may not 

list the active synthetic ingredients or 

identify the health risks and potential 

hazards associated with these products. 

Acute effects of these substances are 

those typical of sympathomimetic 

agents (e.g., cocaine, methamphetamine, 

and amphetamine) and include, among 

other effects, tachycardia, headache, 

bruxism (teeth grinding), palpitations, 

agitation, anxiety, insomnia, mydriasis, 

tremor, fever or sweating, and 

hypertension. Other effects, with public 

health risk implications, that have been 

reported from the use of synthetic 

cathinone substances include vomiting, 

palpitations, chest pain, hyperthermia, 

rhabdomyolysis, hyponatremia, 

seizures, and altered mental status 

(paranoia, hallucinations, and 

delusions). Finally, the possibility of 

death for individuals abusing 4-MEC, 4- 

MePPP, a-PVP, butylone, pentedrone, 

pentylone, 4-FMC, 3-FMC, naphyrone, 

and a-PBP indicates that these 

substances are serious public health 

threats. Some of these synthetic 

cathinone substances have been directly 

or indirectly implicated in the death of 

individuals. For example, a 24-year-old 

female died after ingesting two capsules 

of what she believed to be ‘‘Ecstasy’’ but 

was subsequently confirmed to be a 

mixture of methylone and butylone. The 

cause of death determined by the 

medical examiner was serotonin 

syndrome secondary to methylone and 

butylone ingestion. A 21-year-old male 

who ingested butylone for suicidal 

intentions died after he developed 

seizures and suffered a cardiac and 

respiratory arrest. The cause of death 

was reported as multi-organ failure 

resulting from malignant serotonin 

syndrome. 

Finding of Necessity of Schedule I 

Placement To Avoid Imminent Hazard 

to Public Safety 

Based on the above summarized data 

and information, the continued 

uncontrolled manufacture, distribution, 

importation, exportation, and abuse of 

4-MEC, 4-MePPP, a-PVP, butylone, 

pentedrone, pentylone, 4-FMC, 3-FMC, 

naphyrone, and a-PBP pose an 

imminent hazard to the public safety. 

The DEA is not aware of any currently 

accepted medical uses for these 

synthetic cathinones in the United 

States. A substance meeting the 

statutory requirements for temporary 

scheduling, 21 U.S.C. 811(h)(1), may 

only be placed in schedule I. Substances 

in schedule I are those that have a high 

potential for abuse, no currently 

accepted medical use in treatment in the 

United States, and a lack of accepted 

safety for use under medical 

supervision. Available data and 

information for 4-MEC, 4-MePPP, aPVP, butylone, pentedrone, pentylone, 

4-FMC, 3-FMC, naphyrone, and a-PBP 

indicate that these 10 synthetic 

cathinones have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. As required 

by section 201(h)(4) of the CSA, 21 

U.S.C. 811(h), the Deputy Administrator 

through a letter dated November 7, 

2013, notified the Assistant Secretary of 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1
4432 Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules 

the DEA’s intention to temporarily place 

these ten synthetic cathinones in 

schedule I. 

Conclusion 

This notice of intent initiates an 

expedited temporary scheduling action 

and provides the 30-day notice pursuant 

to section 201(h) of the CSA, 21 U.S.C. 

811(h). In accordance with the 

provisions of section 201(h) of the CSA, 

21 U.S.C. 811(h), the Deputy 

Administrator considered available data 

and information, herein set forth the 

grounds for his determination that it is 

necessary to temporarily schedule 10 

synthetic cathinones, 4-methyl-Nethylcathinone (4-MEC), 4-methyl-apyrrolidinopropiophenone (4-MePPP), 

alpha-pyrrolidinopentiophenone (aPVP), 1-(1,3-benzodioxol-5-yl)-2- 

(methylamino)butan-1-one (butylone), 

2-(methylamino)-1-phenylpentan-1-one 

(pentedrone), 1-(1,3-benzodioxol-5-yl)- 

2-(methylamino)pentan-1-one 

(pentylone), 4-fluoro-Nmethylcathinone (4-FMC), 3-fluoro-Nmethylcathinone (3-FMC), 

naphthylpyrovalerone (naphyrone), and 

alpha-pyrrolidinobutiophenone (a-PBP), 

in schedule I of the CSA, and finds that 

placement of these synthetic cathinones 

into schedule I of the CSA is warranted 

in order to avoid an imminent hazard to 

the public safety. 

Because the Deputy Administrator 

hereby finds that it is necessary to 

temporarily place these synthetic 

cathinones into schedule I to avoid an 

imminent hazard to the public safety, 

any subsequent final order temporarily 

scheduling these substances will be 

effective on the date of publication in 

the Federal Register, and will be in 

effect for a period of two years, with a 

possible extension of one additional 

year, pending completion of the regular 

(permanent) scheduling process. 21 

U.S.C. 811(h)(1) and (2). It is the 

intention of the Deputy Administrator to 

issue such a final order as soon as 

possible after the expiration of 30 days 

from the date of publication of this 

notice. 4-MEC, 4-MePPP, a-PVP, 

butylone, pentedrone, pentylone, 4- 

FMC, 3-FMC, naphyrone, and a-PBP 

will then be subject to the regulatory 

controls and administrative, civil, and 

criminal sanctions applicable to the 

manufacture, distribution, possession, 

importation, exportation, research, and 

conduct of instructional activities of a 

schedule I controlled substance. 

The CSA sets forth specific criteria for 

scheduling a drug or other substance. 

Regular scheduling actions in 

accordance with 21 U.S.C. 811(a) are 

subject to formal rulemaking procedures 

done ‘‘on the record after opportunity 

for a hearing’’ conducted pursuant to 

the provisions of 5 U.S.C. 556 and 557. 

21 U.S.C. 811. The regular scheduling 

process of formal rulemaking affords 

interested parties with appropriate 

process and the government with any 

additional relevant information needed 

to make a determination. Final 

decisions that conclude the regular 

scheduling process of formal 

rulemaking are subject to judicial 

review. 21 U.S.C. 877. Temporary 

scheduling orders are not subject to 

judicial review. 21 U.S.C. 811(h)(6). 

Regulatory Matters 

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

811(h), provides for an expedited 

temporary scheduling action where 

such action is necessary to avoid an 

imminent hazard to the public safety. 

As provided in this subsection, the 

Attorney General may, by order, 

schedule a substance in schedule I on a 

temporary basis. Such an order may not 

be issued before the expiration of 30 

days from (1) the publication of a notice 

in the Federal Register of the intention 

to issue such order and the grounds 

upon which such order is to be issued, 

and (2) the date that notice of the 

proposed temporary scheduling order is 

transmitted to the Assistant Secretary. 

21 U.S.C. 811(h)(1). 

Inasmuch as section 201(h) of the 

CSA directs that temporary scheduling 

actions be issued by order and sets forth 

the procedures by which such orders are 

to be issued, the DEA believes that the 

notice and comment requirements of 

section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 553, do 

not apply to this notice of intent. In the 

alternative, even assuming that this 

notice of intent might be subject to 

section 553 of the APA, the Deputy 

Administrator finds that there is good 

cause to forgo the notice and comment 

requirements of section 553, as any 

further delays in the process for 

issuance of temporary scheduling orders 

would be impracticable and contrary to 

the public interest in view of the 

manifest urgency to avoid an imminent 

hazard to the public safety. 

Although the DEA believes this notice 

of intent to issue a temporary 

scheduling order is not subject to the 

notice and comment requirements of 

section 553 of the APA, the DEA notes 

that in accordance with 21 U.S.C. 

811(h)(4), the Deputy Administrator will 

take into consideration any comments 

submitted by the Assistant Secretary 

with regard to the proposed temporary 

scheduling order. 

Further, the DEA believes that this 

temporary scheduling action is not a 

‘‘rule’’ as defined by 5 U.S.C. 601(2), 

and, accordingly, is not subject to the 

requirements of the Regulatory 

Flexibility Act (RFA). The requirements 

for the preparation of an initial 

regulatory flexibility analysis in 5 U.S.C. 

603(a) are not applicable where, as here, 

the DEA is not required by section 553 

of the APA or any other law to publish 

a general notice of proposed 

rulemaking. Additionally, this action is 

not a significant regulatory action as 

defined by Executive Order 12866 

(Regulatory Planning and Review), 

section 3(f), and, accordingly, this 

action has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This action will 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 

(Federalism) it is determined that this 

action does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

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(h) of 

the CSA, 21 U.S.C. 811(h), and 

delegated to the Deputy Administrator 

of the DEA by Department of Justice 

regulations, the Deputy Administrator 

hereby intends to order that 21 CFR Part 

1308 be amended 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 

adding new paragraphs (h)(19), (20), 

(21), (22), (23), (24), (25), (26), (27), and 

(28) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(19) 4-methyl-N-ethylcathinone, its 

optical, positional, and geometric 

isomers, salts and salts of isomers— 

1249 

(Other names: 4-MEC; 2-(ethylamino)-1- 

(4-methylphenyl)propan-1-one) 

(20) 4-methyl-alphapyrrolidinopropiophenone, its optical, 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules 4433 

positional, and geometric isomers, salts 

and salts of isomers—7498 

(Other names: 4-MePPP; MePPP; 4- 

methyl-a-pyrrolidinopropiophenone; 1- 

(4-methylphenyl)-2-(pyrrolidin-1-yl)- 

propan-1-one) 

(21) alpha-pyrrolidinopentiophenone, 

its optical, positional, and geometric 

isomers, salts and salts of isomers— 

7545 

(Other names: a-PVP; apyrrolidinovalerophenone; 1-phenyl-2- 

(pyrrolidin-1-yl)pentan-1-one) 

(22) butylone, its optical, positional, and 

geometric isomers, salts and salts of 

isomers—7541 

(Other names: bk-MBDB; 1-(1,3- 

benzodioxol-5-yl)-2- 

(methylamino)butan-1-one) 

(23) pentedrone, its optical, positional, 

and geometric isomers, salts and salts of 

isomers—1246 

(Other names: amethylaminovalerophenone; 2- 

(methylamino)-1-phenylpentan-1-one) 

(24) pentylone, its optical, positional, 

and geometric isomers, salts and salts of 

isomers—7542 

(Other names: bk-MBDP; 1-(1,3- 

benzodioxol-5-yl)-2- 

(methylamino)pentan-1-one) 

(25) 4-fluoro-N-methylcathinone, its 

optical, positional, and geometric 

isomers, salts and salts of isomers— 

1238 

(Other names: 4-FMC; flephedrone; 1-(4- 

fluorophenyl)-2-(methylamino)propan1-one) 

(26) 3-fluoro-N-methylcathinone, its 

optical, positional, and geometric 

isomers, salts and salts of isomers— 

1233 

(Other names: 3-FMC; 1-(3- 

fluorophenyl)-2-(methylamino)propan1-one) 

(27) naphyrone, its optical, positional, 

and geometric isomers, salts and salts of 

isomers—1258 

(Other names: naphthylpyrovalerone; 1- 

(naphthalen-2-yl)-2-(pyrrolidin-1- 

yl)pentan-1-one) 

(28) alpha-pyrrolidinobutiophenone, its 

optical, positional, and geometric 

isomers, salts and salts of isomers— 

7546 

(Other names: a-PBP; 1-phenyl-2- 

(pyrrolidin-1-yl)butan-1-one) 

Dated: January 15, 2014. 

Thomas M. Harrigan, 

Deputy Administrator. 

[FR Doc. 2014–01172 Filed 1–27–14; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF TRANSPORATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[Docket No. SLSDC–2014–0001] 

RIN 2135–AA33 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Seaway Regulations and 

Rules in various categories. The changes 

will update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Preclearance and Security for 

Tolls; Tolls Assessment and Payment; 

Seaway Navigation; Dangerous Cargo; 

Toll Assessment and Payment; and, 

Information and Reports. These 

amendments are necessary to take 

account of updated procedures and will 

enhance the safety of transits through 

the Seaway. Many of the amendments 

are merely editorial or for clarification 

of existing requirements. 

DATES: Comments are due February 27, 

2014. 

ADDRESSES: Submit comments to 

http://www.Regulations.gov; or the 

Docket Management Facility; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–001. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.Regulations.gov; or in person at 

the Docket Management Facility; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–001, between 9 

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

Friday, except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Saint Lawrence Seaway Development 

Corporation, 180 Andrews Street, 

Massena, New York 13662; 315/764– 

3200. 

SUPPLEMENTARY INFORMATION: The Saint 

Lawrence Seaway Development 

Corporation (SLSDC) and the St. 

Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes will 

update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Preclearance and Security for 

Tolls; Tolls Assessment and Payment; 

Seaway Navigation; Dangerous Cargo; 

Toll Assessment and Payment; and, 

Information and Reports. These updates 

are necessary to take account of updated 

procedures which will enhance the 

safety of transits through the Seaway. 

Many of these changes are to clarify 

existing requirements in the regulations. 

Where new requirements or regulations 

are made, an explanation for such a 

change is provided below. 

Regulatory Notices: Privacy Act: 

Anyone is able to search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70; Pages 

19477–78) or you may visit http://

www.Regulations.gov. 

The SLSDC is amending several 

sections of the Condition of Vessels 

portion of the joint Seaway regulations. 

In section 401.9, ‘‘Radio Telephone 

Equipment’’, the two Corporations are 

proposing to limit the degree of error for 

gyro and magnetic compasses. Under 

section 401.10, ‘‘Mooring lines’’, the 

SLSDC is proposing to mandate the use 

of synthetic lines when using tie-up 

services at tie-up walls and docks. 

Currently the use of synthetic lines is 

optional. For safety purposes in section 

401.14, ‘‘Anchor marking buoys’’, the 

SLSDC is proposing to amend the rules 

to require vessels to ensure that the 

anchor buoy is secured by a suitable 

line and ready to be released prior to 

entering the Seaway. 

In the Preclearance and Security for 

Tolls section, the Seaway Corporations 

are proposing to amend their joint rules 

in section 401.22, ‘‘Preclearance of 

vessels’’, to require that past due 

invoices must be paid prior to transiting 

the Seaway. In addition, provisions are 

being proposed that would provide 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1