55616 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Proposed Rules 

1Because the Secretary of Health and Human 

Services has delegated to the Assistant Secretary for 

Health of the Department of Health and Human 

Services the authority to make domestic drug 

scheduling recommendations, for purposes of this 

accident aircraft was an unapproved 

modification and the Fletcher FU24 hopper 

installation is a similar design to the Cresco 

08–600. 

The MCAI requires reviewing the aircraft 

records, doing a conformity inspection for an 

approved design hopper lid installation, and 

removing the hopper lid installation, if not 

an approved design. 

Actions and Compliance 

(f) Unless already done, do the following 

actions within 150 hours time-in-service 

(TIS) after the effective date of this AD or 

within 12 calendar months after the effective 

date of this AD, whichever occurs first: 

(1) Review the aircraft records and 

determine whether a hopper lid modification 

has been recorded. If a hopper lid 

modification has been recorded, determine 

whether the aircraft was certified for release 

to service after completion of the 

modification and whether the applicable 

approved technical data (supplemental type 

certificate (STC) or field approval) is 

referenced. Visually inspect for an 

unapproved hopper lid modification. 

(2) If the hopper lid modification is an 

approved design, do a conformity inspection 

and determine whether the hopper lid 

modification conforms to the applicable 

approved technical data (supplemental type 

certificate (STC) or field approval). 

(3) If the hopper lid modification is not an 

approved design (STC or field approval), 

before further flight, remove the hopper lid 

installation. 

Note 1: The Frontier-Aerospace 

Incorporated Models Fletcher FU–24 and 

Fletcher FU–24A airplanes are U.S. typecertificated airplanes and do not have this 

unsafe condition. 

Note 2: The basic hopper installation for 

the Pacific Aerospace Limited Model FU24– 

954 airplane does not include a hopper lid 

due to the canopy sliding partly over the 

hopper inlet. A separate approval must be 

obtained to install a hopper lid. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

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: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090; e-mail: karl.schletzbaum@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) MCAI Civil Aviation Authority (CAA) 

AD DCA/FU24/180, dated July 28, 2011, for 

related information. 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 August 

31, 2011. 

Earl Lawrence, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–22933 Filed 9–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–357] 

Schedules of Controlled Substances: 

Temporary Placement of Three 

Synthetic Cathinones Into Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of Intent. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration (DEA) is 

issuing this notice of intent to 

temporarily schedule three synthetic 

cathinones under the Controlled 

Substances Act (CSA) pursuant to the 

temporary scheduling provisions of 21 

U.S.C. 811(h). The substances are 4- 

methyl-N-methylcathinone 

(mephedrone), 3,4-methylenedioxy-Nmethylcathinone (methylone), and 3,4- 

methylenedioxypyrovalerone (MDPV). 

This action is based on a finding by the 

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 issued 

prior to October 11, 2011. Any final 

order will impose the administrative, 

civil, and criminal sanctions and 

regulatory controls of schedule I 

substances under the CSA on the 

manufacture, distribution, possession, 

importation, and exportation of these 

synthetic cathinones. 

FOR FURTHER INFORMATION CONTACT: 

Imelda L. Paredes, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, Virginia 22152; Telephone 

(202) 307–7165. 

SUPPLEMENTARY INFORMATION: 

Background 

The Comprehensive Crime Control 

Act of 1984 (Pub. L. 98–473), which was 

signed into law on October 12, 1984, 

amended section 201 of the CSA (21 

U.S.C. 811) to give the Attorney General 

the authority to temporarily place a 

substance into schedule I of the CSA for 

one year 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); 21 CFR 

1308.49. If proceedings to control a 

substance are initiated under 21 U.S.C. 

811(a)(1), the Attorney General may 

extend the temporary scheduling up to 

six months. 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 under 

section 505 of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 355) for the 

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

Attorney General has delegated his 

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

Administrator of DEA. 28 CFR 0.100. 

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

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

Administrator to notify the Secretary of 

Health and Human Services of her 

intention to temporarily place a 

substance into schedule I of the CSA.1


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Proposed Rules 55617 

Notice of Intent, all subsequent references to 

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

Secretary.’’ 

2See ‘‘Background, Data and Analysis of 

Synthetic Cathinones: Mephedrone (4–MMC), 

Methylone (MDMC) and 3,4– 

Methylenedioxypyrovalerone (MDPV),’’ dated 

August 2011 in this rulemaking docket found at 

http://www.regulations.gov. 

The Administrator has transmitted 

notice of her intent to place 

mephedrone, methylone, and MDPV in 

schedule I on a temporary basis to the 

Assistant Secretary by letter dated June 

15, 2011. The Assistant Secretary 

responded to this notice by letter dated 

July 25, 2011, and advised that based on 

review by the Food and Drug 

Administration (FDA) there are 

currently no investigational new drug 

applications (INDs) or approved new 

drug applications (NDAs) for MDPV, 

mephedrone, or methylone. The 

Assistant Secretary also stated that the 

Department of Health and Human 

Services has no objection to the 

temporary placement of MDPV, 

mephedrone, and methylone into 

schedule I of the CSA. DEA has taken 

into consideration the Assistant 

Secretary’s comments. As MDPV, 

mephedrone, and methylone are not 

currently listed in any schedule under 

the CSA, and as no exemptions or 

approvals are in effect for MDPV, 

mephedrone, and methylone under 

Section 505 of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 355), DEA 

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

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

additional comments submitted by the 

Assistant Secretary in response to this 

notification shall also 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 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)). These factors are as 

follows: 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(c)(4)–(6). 

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 

(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 lack accepted safety for use under 

medical supervision. Available data and 

information for mephedrone, 

methylone, and MDPV indicate that 

these three synthetic cathinones have a 

high potential for abuse, no currently 

accepted medical use in treatment in the 

United States, and lack accepted safety 

for use under medical supervision. 

Synthetic Cathinones 

These synthetic cathinones are not 

currently listed in any schedule under 

the CSA. Synthetic cathinones are 

designer drugs of the phenethylamine 

class which are structurally and 

pharmacologically similar to 

amphetamine, 3,4- 

methylenedioxymethamphetamine 

(MDMA), cathinone and other related 

substances. The addition of a beta-keto 

(b-keto) substituent to the 

phenethylamine core structure produces 

a group of substances that now have 

cathinone as the core structure. These 

substances have been used as research 

chemicals. There is no evidence in the 

scientific literature that these substances 

have any legitimate non-research uses 

and the Assistant Secretary has advised 

that there are no exemptions or 

approvals in effect under section 505 

(21 U.S.C. 355) of the Federal Food, 

Drug and Cosmetic Act. In other words, 

these synthetic cathinones have not 

been approved by the FDA for human 

consumption. 

Synthetic cathinones, like 

amphetamine, cathinone, 

methcathinone, and methamphetamine, 

are central nervous system (CNS) 

stimulants. The three synthetic 

cathinones proposed for control, 4- 

methyl-N-methylcathinone 

(mephedrone), 3,4-methylenedioxy-Nmethylcathinone (methylone), and 3,4- 

methylenedioxypyrovalerone (MDPV) 

cause sympathomimetic effects such as 

agitation, tachycardia, dilated pupils, 

hyperthermia, diaphoresis (profuse 

sweating), and hypertension. Because 

the pharmacological effects of synthetic 

cathinones are similar to those of 

methamphetamine, cathinone, 

methcathinone, and MDMA, the abuse 

of synthetic cathinones is also likely to 

be similar to these substances and 

potentially cause serious harm to the 

users. 

Numerous retail products marketed 

under the guise of ‘‘bath salts’’ and 

‘‘plant food’’ have been analyzed and 

mephedrone, methylone, and MDPV 

have been identified in varying mixture 

profiles and quantities in these 

products. Mephedrone, methylone, and 

MDPV are the most commonly 

encountered synthetic cathinones. 

These three substances represent more 

than 98% of the 1429 reported synthetic 

cathinones that have been seized by law 

enforcement, as reported to the National 

Forensic Laboratory Information System 

(NFLIS), a national repository of drug 

evidence analysis from forensic 

laboratories across the United States. Of 

all the reports of these substances 

recorded by NFLIS from January 2009 to 

June 2011, 791 reports (55%) were 

MDPV, 331 reports (23%) were 

mephedrone, and 279 reports (20%) 

were methylone. Thus, these three 

synthetic cathinones are the subject of 

this notice of intent.2

Factor 4. History and Current Pattern of 

Abuse 

The synthetic cathinones 

mephedrone, methylone, and MDPV 

have recently emerged on the United 

States’ illicit drug market and are being 

perceived as being ‘legal’ alternatives to 

cocaine, methamphetamine, and 

MDMA. Although synthetic cathinones 

are new to the United States’ illicit drug 

market, they have been popular drugs of 

abuse in Europe since 2007. MDPV is a 

derivative of pyrovalerone, which is a 

psychoactive drug that was used to treat 

chronic lethargy and fatigue. Research 

in anti-depressant and anti-parkinson 

agents resulted in the development and 

patenting of methylone. Methylone, 

however, has not been approved for 

these purposes. There are no currently 

accepted medical uses in treatment in 

the United States for mephedrone, 

methylone, or MDPV. 

Mephedrone, methylone, and MDPV 

are falsely marketed as ‘‘research 

chemicals,’’ ‘‘plant food,’’ or ‘‘bath 

salts.’’ They are sold at smoke shops, 

head shops, convenience stores, adult 

book stores, and gas stations. They can 

also be purchased on the Internet and 

mailed using the U.S. Postal Service or 

international mail services. The 

packages of products containing these 

synthetic cathinones usually have the 

warning ‘‘not for human consumption,’’ 

most likely in an effort to circumvent 

statutory restrictions for these 

substances. Despite disclaimers that the 

products are not intended for human 

consumption, retailers promote that 

routine urinalysis drug tests will not 

typically detect the presence of these 

synthetic cathinones. However, 

analytical methods for the detection of 

mephedrone, methylone, MDPV, and 

other synthetic cathinones have recently 

been developed for these substances. 

Evidence indicates that mephedrone, 

methylone, and MDPV are being abused 

for their psychoactive properties. Drug 

surveys found that these and other 


jlentini on DSK4TPTVN1PROD with PROPOSALS
55618 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Proposed Rules 

synthetic cathinones are being used as 

recreational drugs and are used as 

alternatives to illicit stimulants like 

MDMA and cocaine. Accordingly, 

mephedrone, methylone, and MDPV 

have been identified in human urine 

samples that were obtained for routine 

drug screenings, they have been 

detected in samples from drivers 

suspected of driving under the 

influence, and they have been detected 

by drug courts during mandatory 

periodic drug screens. They have also 

been identified in biological specimens 

from individuals (some exhibiting 

symptoms of ‘‘extreme agitation’’ or 

‘‘excited delirium’’) who have been 

arrested for possession of a controlled 

substance, child endangerment, or 

homicide. They have been detected in 

samples from deceased whose causes of 

death were reported as drug-induced 

toxicity, multiple drug toxicity, or other 

causes (e.g., blunt force trauma from a 

vehicular collision or suicide). 

Based on studies in the scientific 

literature, the marketing of products that 

contain mephedrone, methylone, and 

MDPV is geared towards teens and 

young adults. Accordingly, reports 

indicate that the main users of synthetic 

cathinones are young male adults. These 

substances are also used by mid-to-late 

adolescents and older adults. Many of 

these abusers of synthetic cathinones 

have a previous history of drug abuse. 

According to drug surveys, the 

reported average amount of synthetic 

cathinones used per dose ranged from 

approximately 25 to 250 milligrams and 

the average amount used per session 

(i.e., repeated administration and 

binging) ranged from approximately 25 

milligrams to five grams depending on 

the substance consumed, duration of 

intake, and route of administration. The 

most common routes of administration 

of these substances are nasal 

insufflation by snorting the powder and 

oral ingestion by swallowing capsules or 

tablets. Other reported methods of 

administration include injection, rectal 

administration, and ‘‘bombing’’ 

(wrapping a dose of powder in a paper 

wrap and swallowing). Synthetic 

cathinones have also been reported to be 

used in binges. Reasons cited for 

binging include to prolong the duration 

of effects, to satisfy a ‘‘craving,’’ or to 

satisfy a strong urge to re-dose. 

According to information found in 

drug surveys, clinical case reports, and 

law enforcement reports, users have 

reported using products containing 

mephedrone, methylone, and MDPV 

with other synthetic cathinones (e.g., 

butylone, fluoromethcathinone, 4–MEC, 

etc.), pharmaceutical agents (e.g., 

lidocaine, caffeine, benzocaine, etc.), or 

other recreational substances (e.g., 

amphetamine, MDMA, cocaine, gammabutyrolactone (GBL), kratom, N,Nbenzylpiperazine (BZP), and 1-(3- 

trifluoromethylphenyl)-piperazine 

(TFMPP)). Chemical analyses of seized 

and purchased synthetic cathinone 

products indicate that some products 

contain multiple substances. 

Furthermore, investigative toxicology 

reports of drug screens in which more 

than one substance was detected 

indicate that users have ingested 

products composed of drug 

combinations (e.g., a tablet composed of 

MDPV and BZP) or multiple drug 

products (e.g., a MDPV powder product 

and a MDMA tablet). 

Factor 5. Scope, Duration and 

Significance of Abuse 

The popularity of synthetic 

cathinones as recreational drugs has 

increased since they first appeared on 

the United States’ illicit drug market. 

According to forensic laboratory reports, 

the first appearance of these synthetic 

cathinones in the United States 

occurred in 2009. In 2009, NFLIS 

registered 15 exhibits from eight states 

containing these three synthetic 

cathinones. In 2010, there were 560 

reports from 29 states related to these 

substances registered in NFLIS and in 

the first two quarters of 2011 (January to 

June 2011) there were 391. 

Based on reports to DEA from law 

enforcement and public health officials, 

synthetic cathinones are becoming 

increasingly prevalent and abused 

throughout the United States. At just 

one United States point of entry, the 

U.S. Customs and Border Protection 

(CBP) has encountered at least 96 

shipments containing primarily 

mephedrone, methylone, and MDPV, as 

well as other synthetic cathinones like 

4-MEC, butylone, fluoromethcathinone, 

and dimethylcathinone. Most of these 

shipments originated in China or India 

and were being shipped to destinations 

throughout the United States such as 

Arizona, Alaska, Hawaii, Kansas, 

Louisiana, Oklahoma, Oregon, 

Pennsylvania, Missouri, Virginia, 

Washington, and West Virginia. The 

American Association of Poison Control 

Centers, a non-profit, national 

organization that represents the poison 

control centers of the United States, 

reported that in 2010, poison control 

centers took 303 calls about synthetic 

cathinones. However, in just the first 

seven months of 2011, poison control 

centers have already received 4,137 

calls relating to these products. These 

calls were received in poison control 

centers representing at least 47 states 

and the District of Columbia. Individual 

state poison control centers have also 

reported an increase in the number of 

calls regarding ‘‘bath salts’’ from 2009 to 

2011. 

Concerns over the abuse of these and 

other synthetic cathinones have 

prompted many states to control these 

substances. As of July 15, 2011, at least 

33 states have emergency scheduled or 

enacted legislation placing regulatory 

controls on some or many of the 

synthetic cathinones. These states 

include Alabama, Arkansas, Florida, 

Georgia, Hawaii, Idaho, Illinois, Indiana, 

Kansas, Kentucky, Louisiana, Maine, 

Michigan, Minnesota, Mississippi, 

Missouri, New Jersey, New Mexico, 

New York, North Carolina, North 

Dakota, Ohio, Oklahoma, Oregon, 

Pennsylvania, Texas, Tennessee, Utah, 

Virginia, Washington, West Virginia, 

Wisconsin, and Wyoming. Several 

countries including all members of the 

European Union have also placed 

controls on the possession and/or sale of 

one or more of these substances. 

Moreover, the use of synthetic 

cathinones by members of the U.S. 

Armed Forces is prohibited. 

Factor 6. What, If Any, Risk There Is 

to the Public Health 

The risks to the public health 

associated with the abuse of 

mephedrone, methylone, and MDPV 

relate to acute and long term public 

health and safety problems. These 

synthetic cathinones have become a 

serious drug abuse threat as there have 

been reports of emergency room 

admissions and deaths associated with 

the abuse of these substances. 

Clinical case reports indicate that 

these synthetic cathinones produce a 

number of stimulant-like adverse effects 

such as palpitation, seizure, vomiting, 

sweating, headache, discoloration of the 

skin, hypertension, and hyper-reflexia. 

Adverse effects associated with 

consumption of these drugs as reported 

by abusers include nose-bleeds, bruxism 

(teeth grinding), paranoia, hot flashes, 

dilated pupils, blurred vision, dry 

mouth/thirst, palpitations, muscular 

tension in the jaw and limbs, headache, 

agitation, anxiety, tremor, and fever or 

sweating. Consequently, numerous 

individuals have presented at 

emergency departments in response to 

exposure incidents and several cases of 

acute toxicity have been reported for the 

ingestion of mephedrone, methylone, or 

MDPV. In addition, case reports have 

shown that the abuse of synthetic 

cathinones can lead to psychological 

dependence like that reported for other 

stimulant drugs. 

According to clinical case reports, 

investigative toxicological reports, and 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Proposed Rules 55619 

autopsy reports, mephedrone, 

methylone, and MDPV have been 

implicated in drug induced overdose 

deaths. In at least three reported deaths, 

one of these synthetic cathinones was 

ruled as the cause of death. Other deaths 

involved individuals under the 

influence of these synthetic cathinones 

who acted violently and unpredictably 

in causing harm to themselves or others. 

There have also been reports in the 

scientific literature of deaths caused by 

individuals who were driving under the 

influence of these synthetic cathinones. 

A number of synthetic cathinones and 

their products, as identified by CBP and 

reported in the scientific literature, 

appear to originate from foreign sources. 

The manufacturers and retailers who 

make and sell these products do not 

fully disclose the product ingredients 

including the active ingredients or the 

health risks and potential hazards 

associated with these products. This 

poses significant risk to abusers who 

may not know what they are purchasing 

or the risk associated with the use of 

those products. 

Available evidence on the overall 

health and social risks of mephedrone, 

methylone, and MDPV indicates that 

these substances can cause acute health 

problems, can potentially lead to 

dependency, or can cause death. The 

abuse of synthetic cathinones has been 

characterized by both acute and long 

term public health and safety problems 

and has resulted in deaths. 

Finding of Necessity of Schedule I 

Scheduling To Avoid Imminent Hazard 

to Public Safety 

Based on the above data and 

information, the continued uncontrolled 

manufacture, distribution, importation, 

exportation, and abuse of mephedrone, 

methylone, and MDPV pose an 

imminent hazard to the public safety. 

DEA is not aware of any recognized 

therapeutic uses of 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 lack accepted safety for use under 

medical supervision. Available data and 

information for mephedrone, 

methylone, and MDPV indicate that 

these three synthetic cathinones have a 

high potential for abuse, no currently 

accepted medical use in treatment in the 

United States, and lack accepted safety 

for use under medical supervision. 

Conclusion 

This notice of intent initiates 

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 Administrator 

has considered available data and 

information and has set forth herein the 

grounds for her determination that it is 

necessary to temporarily schedule three 

synthetic cathinones, 4-methyl-Nmethylcathinone (mephedrone), 3,4- 

methylenedioxy-N-methylcathinone 

(methylone), and 3,4- 

methylenedioxypyrovalerone (MDPV) in 

Schedule I of the CSA to avoid an 

imminent hazard to the public safety. 

Because the 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 up 

to 18 months pending completion of the 

permanent or regular scheduling 

process. It is the intention of the 

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. Mephedrone, methylone, 

and MDPV will then be subject to the 

regulatory controls and administrative, 

civil and criminal sanctions applicable 

to the manufacture, distribution, 

possession, importing and exporting of 

a Schedule I controlled substance under 

the CSA. 

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. 

The CSA sets forth specific criteria for 

scheduling a drug or other substance. 

While temporary scheduling orders are 

not subject to judicial review (21 U.S.C. 

811(h)(6)), 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 which conclude the regular 

scheduling process of formal 

rulemaking are subject to judicial 

review. 21 U.S.C. 877. 

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 Administrator of the 

DEA by Department of Justice 

regulations (28 CFR 0.100), the 

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 (g)(6), (7) and (8) 

to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(g) * * * 

(6) 4-methyl-N-methylcathinone— 

1248 (Other names: mephedrone) 

(7) 3,4-methylenedioxy-Nmethylcathinone—7540 (Other names: 

methylone) 

(8) 3,4- 

methylenedioxypyrovalerone—7535 

(Other names: MDPV) 

Dated: September 1, 2011. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2011–23012 Filed 9–7–11; 8:45 am] 

BILLING CODE 4410–09–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3055 

[Docket No. RM2011–14; Order No. 837] 

Performance Measurement for Special 

Postal Services 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: The Commission is proposing 

rules addressing reporting requirements 

for the measurement of the level of 

service the Postal Service provides in 

connection with Stamp Fulfillment 

Services, through which it fills stamp 

and product orders received via mail, 

telephone, facsimile, or Internet at a 

dedicated fulfillment center. The 

proposed rules are intended to be 

consistent with recent Postal Service 

representations about proposed service 

standards, measurement methods, and 

reporting requirements. This document 

informs the public of the proposed rule 

and invites public comment. 

DATES: Comments are due: September 

28, 2011; reply comments are due: 

October 11, 2011. 


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