68716 Federal Register / Vol. 78, No. 221 / Friday, November 15, 2013 / Rules and Regulations 

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 Final Order, 

all subsequent references to ‘‘Secretary’’ have been 

replaced with ‘‘Assistant Secretary.’’ As set forth in 

a memorandum of understanding entered into by 

the HHS, the Food and Drug Administration (FDA), 

and the National Institute on Drug Abuse (NIDA), 

the FDA acts as the lead agency within the HHS in 

carrying out the Assistant Secretary’s scheduling 

responsibilities under the CSA, with the 

concurrence of the NIDA. 50 FR 9518, Mar. 8, 1985. 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–382] 

Schedules of Controlled Substances: 

Temporary Placement of Three 

Synthetic Phenethylamines Into 

Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final order. 

SUMMARY: The Deputy Administrator of 

the Drug Enforcement Administration 

(DEA) is issuing this final order to 

temporarily schedule three synthetic 

phenethylamines into the Controlled 

Substances Act (CSA) pursuant to the 

temporary scheduling provisions of 21 

U.S.C. 811(h). The substances are 2-(4- 

iodo-2,5-dimethoxyphenyl)-N-(2- 

methoxybenzyl)ethanamine (25I– 

NBOMe; 2C–I–NBOMe; 25I; Cimbi-5), 2- 

(4-chloro-2,5-dimethoxyphenyl)-N-(2- 

methoxybenzyl)ethanamine (25C– 

NBOMe; 2C–C–NBOMe; 25C; Cimbi-82), 

and 2-(4-bromo-2,5-dimethoxyphenyl)- 

N-(2-methoxybenzyl)ethanamine (25B– 

NBOMe; 2C–B–NBOMe; 25B; Cimbi-36) 

[hereinafter 25I–NBOMe, 25C–NBOMe, 

and 25B–NBOMe]. This action is based 

on a finding by the Deputy 

Administrator that the placement of 

these synthetic phenethylamines and 

their optical, positional, and geometric 

isomers, salts and salts of isomers in 

schedule I of the CSA is necessary to 

avoid an imminent hazard to the public 

safety. As a result of this order, the 

regulatory controls and administrative, 

civil, and criminal sanctions applicable 

to schedule I controlled substances will 

be imposed on persons who handle 

(manufacture, distribute, dispense, 

import, export, engage in research, 

conduct instructional activities, and 

possess), or propose to handle these 

synthetic phenethylamines. 

DATES: This final order is effective 

November 15, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Ruth A. Carter, 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: 

Legal Authority 

The DEA implements and enforces 

titles II and III of the Comprehensive 

Drug Abuse Prevention and Control Act 

of 1970, as amended. Titles II and III are 

referred to as the ‘‘Controlled 

Substances Act’’ and the ‘‘Controlled 

Substances Import and Export Act,’’ 

respectively, but they are collectively 

referred to as the ‘‘Controlled 

Substances Act’’ or the ‘‘CSA’’ for the 

purpose of this action. 21 U.S.C. 801– 

971. The DEA publishes the 

implementing regulations for these 

statutes in title 21 of the Code of Federal 

Regulations (CFR), parts 1300 to 1321. 

The CSA and its implementing 

regulations are designed to prevent, 

detect, and eliminate the diversion of 

controlled substances and listed 

chemicals into the illicit market while 

providing for legitimate medical, 

scientific, research, and industrial needs 

of the United States. Controlled 

substances have the potential for abuse 

and dependence and are controlled to 

protect the public health and safety. 

Under the CSA, controlled substances 

are classified into one of five schedules 

based upon their potential for abuse, 

their currently accepted medical use, 

and the degree of dependence the 

substance may cause. 21 U.S.C. 812. The 

initial schedules of controlled 

substances established by Congress are 

found at 21 U.S.C. 812(c), and the 

current list of all scheduled substances 

is published at 21 CFR part 1308. 

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 an 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 under 

section 505 of the Federal Food, Drug, 

and Cosmetic Act (FD&C Act), 21 U.S.C. 

355, for the substance. 21 U.S.C. 

811(h)(1). Pursuant to 21 U.S.C. 871(a), 

the Attorney General has delegated his 

scheduling 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. 

Background 

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 in 

schedule I of the CSA.1 The Deputy 

Administrator transmitted notice of his 

intent to place 25I–NBOMe, 25C– 

NBOMe, and 25B–NBOMe in schedule 

I on a temporary basis to the Assistant 

Secretary by letter dated September 3, 

2013. The Assistant Secretary 

responded to this notice by letter dated 

October 1, 2013 (received by the DEA on 

October 8, 2013), and advised that based 

on review by the FDA, there are 

currently no investigational new drug 

applications or approved new drug 

applications for 25I–NBOMe, 25C– 

NBOMe, or 25B–NBOMe. The Assistant 

Secretary also stated that the HHS has 

no objection to the temporary placement 

of 25I–NBOMe, 25C–NBOMe, or 25B– 

NBOMe in schedule I of the CSA. The 

DEA has taken into consideration the 

Assistant Secretary’s comments as 

required by 21 U.S.C. 811(h)(4). As 25I– 

NBOMe, 25C–NBOMe, and 25B– 

NBOMe are not currently listed in any 

schedule under the CSA, and as no 

exemptions or approvals are in effect for 

25I–NBOMe, 25C–NBOMe, and 25B– 

NBOMe under section 505 of the FD&C 

Act, 21 U.S.C. 355, the conditions of 21 

U.S.C. 811(h)(1) have been satisfied. As 

required by 21 U.S.C. 811(h)(1)(a), a 

notice of intent to temporarily schedule 

these three synthetic phenethylamines 

was published in the Federal Register 

on October 10, 2013. 78 FR 61991. 

To make a finding that placing a 

substance temporarily in 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(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 

may only be placed in schedule I. 21 


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2STRIDE includes data on analyzed samples from 

DEA laboratories. 3NFLIS is a database that collects scientifically 

verified data on analyzed samples in State and local 

forensic laboratories. 

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 25I–NBOMe, 25C– 

NBOMe, and 25B–NBOMe indicate that 

these three synthetic phenethylamines 

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 Phenethylamines 

The 2-methoxybenzyl series of 2C 

phenethylamine substances, such as 

25I–NBOMe, 25C–NBOMe, and 25B– 

NBOMe, has been developed over the 

last 10 years for use in mapping and 

investigating the serotonin receptors in 

the mammalian brain. 25I–NBOMe and 

25B–NBOMe were first described by 

legitimate research laboratories in 2003. 

Subsequent studies involving these two 

substances appeared in the scientific 

literature starting in 2006. 25C–NBOMe 

first appeared in the scientific literature 

in 2011. No approved medical use has 

been identified for these synthetic 

phenethylamines, nor have they been 

approved by the FDA for human 

consumption. Synthetic 2C 

phenethylamine substances, of which 

25I–NBOMe, 25C–NBOMe, and 25B– 

NBOMe are representative, are sotermed for the two-carbon ethylene 

group between the phenyl ring and the 

amino group of the phenethylamine and 

are substituted with methoxy groups at 

the 2 and 5 positions of the phenyl ring. 

Numerous blotter papers and food items 

have been analyzed, and combinations 

of one or more of 25I–NBOMe, 25C– 

NBOMe, and 25B–NBOMe have been 

identified as adulterants. Bulk 

quantities of these substances have been 

encountered as powders and liquid 

solutions. 

From November 2011 through June 

2013, according to the System to 

Retrieve Information from Drug 

Evidence 2 (STRIDE) data, there are 54 

exhibits involving 27 cases for 25I– 

NBOMe; 27 exhibits involving 12 cases 

for 25C–NBOMe; and 4 exhibits 

involving 4 cases for 25B–NBOMe. 

From June 2011 through June 2013, the 

National Forensic Laboratory 

Information System 3 (NFLIS) registered 

959 reports containing these synthetic 

phenethylamines (25I–NBOMe—795 

reports; 25C–NBOMe—144 reports; 

25B–NBOMe—20 reports) across 35 

States. No instances involving 25I– 

NBOMe, 25C–NBOMe, or 25B–NBOMe 

were reported in NFLIS prior to June 

2011. 

Factor 4. History and Current Pattern of 

Abuse 

One or more 2-methoxybenzyl 

analogues of the 2C compounds 

described here have been available over 

the Internet since 2010. The first 

identified domestic law enforcement 

encounter with 25I–NBOMe occurred in 

June 2011 in Milwaukee, Wisconsin. 

Information from published studies 

and law enforcement reports, 

supplemented with discussions on 

Internet Web sites and personal 

communications, document abuse of 

25I–NBOMe, 25C–NBOMe, and 25B– 

NBOMe by nasal insufflation of 

powders, intravenous injection or nasal 

absorption of liquid solutions, 

sublingual or buccal administration of 

blotter papers, and consumption of food 

items laced with these substances. 

These sources also report that 25I– 

NBOMe, 25C–NBOMe, and 25B– 

NBOMe are often purported to be 

schedule I hallucinogens like lysergic 

acid diethylamide (LSD). Reports 

document that the abuse of these 

substances can cause severe toxic 

reactions, including death. 

According to United States Customs 

and Border Protection data, bulk 

quantities of powdered 25I–NBOMe, 

25C–NBOMe, and 25B–NBOMe have 

been seized from shipments originating 

overseas, particularly from Asia. Given 

the relatively small quantity of these 

substances predicted to produce a 

hallucinogenic effect in humans, single 

seizures of these substances are capable 

of producing hundreds of thousands to 

millions of dosage units. Large seizures 

of these substances prepared on blotter 

papers have also been reported. Abuse 

of 25I–NBOMe, 25C–NBOMe, and 25B– 

NBOMe has been characterized with 

acute public health and safety issues 

domestically and abroad. In response, a 

number of States and foreign 

governments have controlled these 

substances. 

Factor 5. Scope, Duration, and 

Significance of Abuse 

According to forensic laboratory 

reports, the first law enforcement 

encounter with 25I–NBOMe in the 

United States occurred in June 2011. 

According to NFLIS, 959 exhibits 

involving 25I–NBOMe, 25C–NBOMe, 

and 25B–NBOMe were submitted to 

forensic laboratories between June 2011 

and June 2013 from a number of States 

including Alabama, Arizona, Arkansas, 

California, Colorado, Connecticut, 

Florida, Georgia, Illinois, Indiana, Iowa, 

Kansas, Kentucky, Louisiana, Maine, 

Maryland, Michigan, Minnesota, 

Missouri, Nebraska, Nevada, New 

Hampshire, New Jersey, New Mexico, 

North Dakota, Ohio, Oklahoma, 

Pennsylvania, South Carolina, 

Tennessee, Texas, Utah, Virginia, 

Wisconsin, and Wyoming. The number 

of reports submitted to NFLIS involving 

25I–NBOMe, 25C–NBOMe, and 25B– 

NBOMe has increased in each of the last 

five quarters where complete data is 

available. According to STRIDE, there 

are 85 records that identify 25I–NBOMe, 

25C–NBOMe, and 25B–NBOMe in 

evidence submitted to DEA laboratories 

between November 2011 and June 2013. 

Factor 6. What, If Any, Risk There Is 

to the Public Health 

In 2012 and 2013, emergency 

department physicians and toxicologists 

published and presented numerous case 

reports of patients treated for exposure 

to 25I–NBOMe. The adverse health 

effects reported include tachycardia, 

hypertension, agitation, aggression, 

visual and auditory hallucinations, 

seizures, hyperpyrexia, clonus, elevated 

white cell count, elevated creatine 

kinase, metabolic acidosis, 

rhabdomyolysis, and acute kidney 

injury. 

Medical examiner and postmortem 

toxicology reports from 11 States 

implicate some combination of 25I– 

NBOMe, 25C–NBOMe, and 25B– 

NBOMe in the death of at least 17 

individuals. These reports suggest that 

14 individuals died of acute toxicity, 

and 3 individuals died of unpredictable 

or violent behavior due to 25I–NBOMe 

toxicity. 25I–NBOMe, 25C–NBOMe, and 

25B–NBOMe have each been detected in 

postmortem blood toxicology for cases 

of acute toxicity. 

Since abusers obtain these drugs 

through unknown sources, the identity, 

purity, and quantity of these substances 

is uncertain and inconsistent, thus 

posing significant adverse health risks 

to users. There are no recognized 

therapeutic uses for these substances in 

the United States and possible deadly 

drug interactions between 25I–NBOMe 

and FDA-approved medications have 

been noted. 

Finding of Necessity of Schedule I 

Placement To Avoid Imminent Hazard 

to Public Safety 

Based on the above data and 

information, the continued uncontrolled 

manufacture, distribution, importation, 

exportation, and abuse of 25I–NBOMe, 

25C–NBOMe, and 25B–NBOMe pose an 


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imminent hazard to the public safety. 

The DEA is not aware of any currently 

accepted medical uses for these 

synthetic phenethylamines 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 25I–NBOMe, 25C– 

NBOMe, and 25B–NBOMe indicate that 

these three synthetic phenethylamines 

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)(4), the Deputy Administrator 

through a letter dated September 3, 

2013, notified the Assistant Secretary of 

the intention to temporarily place these 

three synthetic phenethylamines in 

schedule I. 

Conclusion 

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 three 

synthetic phenethylamines, 2-(4-iodo2,5-dimethoxyphenyl)-N-(2- 

methoxybenzyl)ethanamine (25I– 

NBOMe; 2C–I–NBOMe; 25I; Cimbi-5), 2- 

(4-chloro-2,5-dimethoxyphenyl)-N-(2- 

methoxybenzyl)ethanamine (25C– 

NBOMe; 2C–C–NBOMe; 25C; Cimbi-82) 

and 2-(4-bromo-2,5-dimethoxyphenyl)- 

N-(2-methoxybenzyl)ethanamine (25B– 

NBOMe; 2C–B–NBOMe; 25B; Cimbi-36), 

in schedule I of the CSA, and finds that 

placement of these synthetic 

phenethylamines in schedule I of the 

CSA is necessary to avoid an imminent 

hazard to the public safety. 

Because the Deputy Administrator 

hereby finds it necessary to temporarily 

place these synthetic phenethylamines 

in schedule I to avoid an imminent 

hazard to the public safety, the 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 permanent or regular scheduling 

process. 21 U.S.C. 811(h)(1)–(2). 

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 Requirements 

Upon the effective date of this Final 

Order, 25I–NBOMe, 25C–NBOMe, and 

25B–NBOMe will become subject to the 

CSA’s schedule I regulatory controls 

and administrative, civil, and criminal 

sanctions applicable to the manufacture, 

distribution, importation, exportation, 

research, conduct of instructional 

activities, and possession including the 

following: 

1. Registration. Any person who 

handles (manufactures, distributes, 

dispenses, imports, exports, engages in 

research, conducts instructional 

activities, or possesses), or desires to 

handle, 25I–NBOMe, 25C–NBOMe, or 

25B–NBOMe must be registered with 

the DEA to conduct such activities 

pursuant to 21 U.S.C. 822, 823, 957, and 

958, and in accordance with 21 CFR 

parts 1301 and 1312. Any person who 

currently handles 25I–NBOMe, 25C– 

NBOMe, or 25B–NBOMe, and is not 

registered with the DEA must submit an 

application for registration and may not 

continue his/her activities until the DEA 

has approved that application. Retail 

sales of schedule I controlled substances 

to the general public are not allowed 

under the CSA. 

2. Security. 25I–NBOMe, 25C– 

NBOMe, and 25B–NBOMe are subject to 

schedule I security requirements and 

must be handled and stored in 

accordance with 21 CFR 1301.71– 

1301.93, pursuant to 21 U.S.C. 821, 823, 

871(b), as of November 15, 2013. 

3. Labeling and packaging. All 

labeling and packaging requirements for 

controlled substances set forth in part 

1302 of title 21 of the CFR shall apply 

to commercial containers of 25I– 

NBOMe, 25C–NBOMe, and 25B– 

NBOMe. Current DEA registrants shall 

have 30 calendar days from November 

15, 2013 to comply with all labeling and 

packaging requirements. 

4. Quotas. Quotas for 25I–NBOMe, 

25C–NBOMe, and 25B–NBOMe will be 

established based on registrations 

granted and quota applications received 

pursuant to part 1303 of title 21 of the 

CFR. 

5. Inventory. Every DEA registrant 

who possesses any quantity of 25I– 

NBOMe, 25C–NBOMe, or 25B–NBOMe 

on the effective date of this order will 

be required to take an inventory of all 

stocks of these substances on hand as of 

the effective date of this order, pursuant 

to 21 U.S.C. 827, 958(e), and in 

accordance with 21 CFR 1304.03, 

1304.04, and 1304.11. Current DEA 

registrants shall have 30 calendar days 

from the effective date of this order to 

be in compliance with all inventory 

requirements. 

6. Records. All registrants who are 

authorized to handle 25I–NBOMe, 25C– 

NBOMe, or 25B–NBOMe are required to 

keep records pursuant to 1304.03, 

1304.04, 1304.21, 1304.22, and 1304.23 

of title 21 of the CFR. Current DEA 

registrants authorized to handle 25I– 

NBOMe, 25C–NBOMe, or 25B–NBOMe 

shall have 30 calendar days from the 

effective date of this order to be in 

compliance with all recordkeeping 

requirements. 

7. Reports. All registrants are required 

to submit reports in accordance with 

1304.33 of title 21 of the CFR. DEA 

registrants who manufacture or 

distribute 25I–NBOMe, 25C–NBOMe, or 

25B–NBOMe are required to comply 

with these reporting requirements and 

shall do so as of November 15, 2013. 

8. Order Forms. All registrants 

involved in the distribution of 25I– 

NBOMe, 25C–NBOMe, or 25B–NBOMe 

must comply with order form 

requirements of part 1305 of title 21 of 

the CFR as of November 15, 2013. 

9. Importation and Exportation. All 

importation and exportation of 25I– 

NBOMe, 25C–NBOMe, or 25B–NBOMe 

must be conducted by appropriately 

registered DEA registrants in 

compliance with part 1312 of title 21 of 

the CFR, pursuant to 21 U.S.C. 952, 953, 

957, and 958, on or after November 15, 

2013. 

10. Criminal Liability. Any activity 

involving 25I–NBOMe, 25C–NBOMe, or 

25B–NBOMe not authorized by, or in 

violation of the CSA, occurring as of 

November 15, 2013 is unlawful, and 

may subject the person to 

administrative, civil, and criminal 

proceedings. 

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, 


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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 a 

proposed temporary scheduling order is 

transmitted to the Assistant Secretary of 

HHS. 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 temporary scheduling 

action. In the alternative, even assuming 

that this action 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. 

Further, the DEA believes that this 

temporary scheduling action final order 

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. 

Pursuant to section 808(2) of the 

Congressional Review Act (CRA), ‘‘any 

rule for which an agency for good cause 

finds...that notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest, shall 

take effect at such time as the Federal 

agency promulgating the rule 

determines.’’ It is in the public interest 

to schedule these substances 

immediately because they pose a public 

health risk. This temporary scheduling 

action is taken pursuant to section 

811(h), which is specifically designed to 

enable the DEA to act in an expeditious 

manner to avoid an imminent hazard to 

the public safety from new or designer 

drugs or abuse of those drugs. Section 

811(h) exempts the temporary 

scheduling order from standard notice 

and comment rulemaking procedures to 

ensure that the process moves swiftly. 

For the same reasons that underlie 

section 811(h), that is, the DEA’s need 

to move quickly to place these 

substances into schedule I because they 

pose a threat to public health, it would 

be contrary to the public interest to 

delay implementation of the temporary 

scheduling order. Therefore, in 

accordance with section 808(2) of the 

CRA, this order shall take effect 

immediately upon its publication. 

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, 28 CFR 0.100, Appendix to 

Subpart R, 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 paragraphs (h)(12), (13), and (14) 

to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(12) 2-(4-iodo-2,5-dimethoxyphenyl)- 

N-(2-methoxybenzyl)ethanamine, its 

optical, positional, and geometric 

isomers, salts and salts of isomers— 

7538 (Other names: 25I–NBOMe; 2C–I– 

NBOMe; 25I; Cimbi-5) 

(13) 2-(4-chloro-2,5- 

dimethoxyphenyl)-N-(2- 

methoxybenzyl)ethanamine, its optical, 

positional, and geometric isomers, salts 

and salts of isomers—7537 (Other 

names: 25C–NBOMe; 2C–C–NBOMe; 

25C; Cimbi-82) 

(14) 2-(4-bromo-2,5- 

dimethoxyphenyl)-N-(2- 

methoxybenzyl)ethanamine, its optical, 

positional, and geometric isomers, salts 

and salts of isomers—7536 

(Other names: 25B–NBOMe; 2C–B– 

NBOMe; 25B; Cimbi-36) 

Dated: November 7, 2013. 

Thomas M. Harrigan, 

Deputy Administrator. 

[FR Doc. 2013–27315 Filed 11–14–13; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 50, 55, and 58 

[Docket No. FR–5423–F–02] 

RIN 2501–AD51 

Floodplain Management and 

Protection of Wetlands 

AGENCY: Office of the Secretary, HUD. 

ACTION: Final rule. 

SUMMARY: This final rule revises HUD’s 

regulations governing the protection of 

wetlands and floodplains. With respect 

to wetlands, the rule codifies existing 

procedures for Executive Order 11990 

(E.O. 11990), Protection of Wetlands. 

HUD’s policy has been to require the 

use of the 8-Step Process for floodplains 

for wetlands actions performed by HUD 

or actions performed with HUD 

financial assistance. This rule codifies 

this wetlands policy and improves 

consistency and increases transparency 

by placing the E.O. 11990 requirements 

in regulation. In certain instances, the 

new wetlands procedures will allow 

recipients of HUD assistance to use 

individual permits issued under section 

404 of the Clean Water Act (Section 404 

permits) in lieu of 5 steps of the E.O. 

11990’s 8-Step Process, streamlining the 

wetlands decisionmaking processes. 

With respect to floodplains, with some 

exceptions, the rule prohibits HUD 

funding (e.g., Community Development 

Block Grants, HOME Investment 

Partnerships Program, Choice 

Neighborhoods, and others) or Federal 

Housing Administration (FHA) 

mortgage insurance for construction in 

Coastal High Hazard Areas. In order to 

ensure maximum protection for 

communities and wise investment of 

Federal resources in the face of current 

and future risk, this final rule also 

requires the use of preliminary flood 

maps and advisory base flood elevations 

where the Federal Emergency 


emcdonald on DSK67QTVN1PROD with RULES