Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12201 

1Because the Secretary of the Department 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 Final Order, all subsequent 

references to ‘‘Secretary’’ have been replaced with 

‘‘Assistant Secretary.’’ 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–345] 

Schedules of Controlled Substances: 

Extension of Temporary Placement of 

Five Synthetic Cannabinoids Into 

Schedule I of the Controlled 

Substances Act 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final order. 

SUMMARY: This Final Order is issued by 

the Administrator of the Drug 

Enforcement Administration (DEA) to 

extend the temporary scheduling of the 

five synthetic cannabinoids 1-pentyl-3- 

(1-naphthoyl)indole (JWH–018), 1-butyl3-(1-naphthoyl)indole (JWH–073), 1-[2- 

(4-morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200), 5-(1,1- 

dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue) including their salts, 

isomers, and salts of isomers whenever 

the existence of such salts, isomers, and 

salts of isomers is possible, into 

Schedule I of the Controlled Substances 

Act (CSA). The temporary scheduling of 

these five synthetic cannabinoids is due 

to expire on February 29, 2012. This 

document will extend the temporary 

scheduling of these five synthetic 

cannabinoids to August 29, 2012 or 

until rulemaking proceedings are 

completed, whichever comes first. 

DATES: Effective Date: February 29, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Alan G. Santos, Associate Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 307–7165. 

SUPPLEMENTARY INFORMATION: On March 

1, 2011, the Administrator of the DEA 

published a Final Order in the Federal 

Register (76 FR 11075) amending 21 

CFR 1308.11(g) to temporarily place 

these five synthetic cannabinoids into 

Schedule I of the CSA pursuant to the 

temporary scheduling provisions of 21 

U.S.C. 811(h). This Final Order, which 

became effective on the date of 

publication, was based on findings by 

the Administrator of the DEA that the 

temporary scheduling of these five 

synthetic cannabinoids was necessary to 

avoid an imminent hazard to the public 

safety pursuant to 21 U.S.C. 811(h)(1). 

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

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

scheduling of a substance expire at the 

end of one year from the date of 

issuance of the order. However, during 

the pendency of proceedings under 21 

U.S.C. 811(a)(1) with respect to the 

substance, temporary scheduling of that 

substance may be extended for up to six 

months. Proceedings for the scheduling 

of a substance under 21 U.S.C. 811(a) 

may be initiated by the Attorney 

General (delegated to the Administrator 

of the DEA pursuant to 28 CFR 0.100) 

on his own motion, at the request of the 

Secretary of Health and Human 

Services,1 or on the petition of any 

interested party. 

The DEA has gathered and reviewed 

the available information regarding the 

pharmacology, chemistry, trafficking, 

actual abuse, pattern of abuse and the 

relative potential for abuse for these five 

synthetic cannabinoids. On June 21, 

2011 the Administrator of the DEA 

submitted a letter to the Assistant 

Secretary, requesting scientific and 

medical evaluations and scheduling 

recommendations for these five 

synthetic cannabinoids. In response to 

this letter, on the following dates the 

Assistant Secretary provided to DEA 

scientific and medical evaluations and 

recommendations that all five of these 

synthetic cannabinoids be placed in 

Schedule I: January 5, 2012 (1-pentyl-3- 

(1-naphthoyl)indole (JWH–018)); 

February 6, 2012 (1-butyl-3-(1- 

naphthoyl)indole (JWH–073)) and (1-[2- 

(4-morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200)); February 

13, 2012 5-(1,1-dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue). Proceedings regarding 

these five synthetic cannabinoids have 

been initiated in accordance with 21 

U.S.C. 811(a)(1). Therefore, pursuant to 

21 U.S.C. 811(h)(2), the Administrator of 

the DEA hereby orders that the 

temporary scheduling of 1-pentyl-3-(1- 

naphthoyl)indole (JWH–018), 1-butyl-3- 

(1-naphthoyl)indole (JWH–073), 1-[2-(4- 

morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200), 5-(1,1- 

dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue) including their salts, 

isomers, and salts of isomers whenever 

the existence of such salts, isomers, and 

salts of isomers is possible, is extended 

to August 29, 2012, or until rulemaking 

proceedings are completed, whichever 

comes first. 

In accordance with this Final Order, 

the Schedule I requirements for 

handling (1-pentyl-3-(1- 

naphthoyl)indole (JWH–018), 1-butyl-3- 

(1-naphthoyl)indole (JWH–073), 1-[2-(4- 

morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200), 5-(1,1- 

dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue)) including their salts, 

isomers, and salts of isomers whenever 

the existence of such salts, isomers, and 

salts of isomers is possible, will remain 

in effect after February 29, 2012. 

Pursuant to the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Congressional Review Act) (5 

U.S.C. 801–808), DEA has submitted a 

copy of this Final Order to both Houses 

of Congress and to the Comptroller 

General. 

Dated: February 24, 2012. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2012–4916 Filed 2–28–12; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice 7810] 

RIN 1400–AD08 

Amendment to the International Traffic 

in Arms Regulations: Haiti 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations to clarify that the 

Coast Guard of Haiti is an eligible enduser. This change makes it clear that the 

existing exceptions allow for exports to 

the Coast Guard of Haiti. 

DATES: Effective Date: This rule is 

effective February 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Acting Director, 

Office of Defense Trade Controls Policy, 

U.S. Department of State, telephone 

(202) 663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Part 126, Haiti. 


tkelley on DSK3SPTVN1PROD with RULES
12202 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: This rule 

implements section 7045(c) of Public 

Law 112–74 by amending ITAR 

§ 126.1(j) to clarify that U.S. policy on 

arms exports to the Government of Haiti 

includes the Coast Guard as an eligible 

end-user. Therefore, ‘‘to include the 

Coast Guard’’ is added to § 126.1(j)(1). In 

addition, in paragraph (j)(2), the word 

‘‘exemptions’’ is replaced with 

‘‘exceptions,’’ as it more accurately 

describes the listing in paragraph (j)(1). 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act. Since the Department is 

of the opinion that this rule is exempt 

from 5 U.S.C. 553, it is the view of the 

Department of State that the provisions 

of § 553(d) do not apply to this 

rulemaking. Therefore, this rule is 

effective upon publication. The 

Department also finds that, given the 

national security issues surrounding 

U.S. policy towards the Government of 

Haiti, notice and public procedure on 

this rule would be impracticable, 

unnecessary, or contrary to the public 

interest; for the same reason, the rule 

will be effective immediately. See 5 

U.S.C. 808(2). 

Regulatory Flexibility Act 

Since this amendment is not subject 

to 5 U.S.C. 553, it does not require 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Act of 1995 

This amendment does not involve a 

mandate that will result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This amendment has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

Executive Orders 12372 and 13132 

This amendment 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, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

the Executive Order. 

Executive Order 12988 

The Department of State has reviewed 

the amendment in light of sections 3(a) 

and 3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, 

Executive Order 13175 does not apply 

to this rulemaking. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. chapter 35. 

List of Subjects in 22 CFR Part 126 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 126 is amended as follows: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 1. The authority citation for part 126 

is revised to read as follows: 

Authority: Secs. 2, 38, 40, 42, and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791, and 2797); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 

28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, 

Pub. L. 108–375; Sec. 7089, Pub. L. 111–117; 

Sec. 7045, Pub. L. 112–74. 

■ 2. Section 126.1 is amended by 

revising paragraphs (j)(1)(i) and (j)(2) to 

read as follows: 

§ 126.1 Prohibited exports, imports, and 

sales to or from certain countries. 

* * * * * 

(j) Haiti. (1) * * * 

(i) Defense articles and defense 

services intended solely for the support 

of or use by security units that operate 

under the command of the Government 

of Haiti, to include the Coast Guard; 

* * * * * 

(2) All shipments of arms and related 

materials consistent with the above 

exceptions shall only be made to 

Haitian security units as designated by 

the Government of Haiti, in 

coordination with the U.S. Government. 

* * * * * 

Dated: February 21, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2012–4855 Filed 2–28–12; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9581] 

RIN 1545–BG60 

Public Inspection of Material Relating 

to Tax-Exempt Organizations 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations pertaining to the public 

inspection of material relating to taxexempt organizations and final 

regulations pertaining to the public 

inspection of written determinations 

and background file documents. These 

regulations are necessary to clarify rules 

relating to information and materials 

made available by the IRS for public 

inspection under the Internal Revenue 


tkelley on DSK3SPTVN1PROD with RULES