64032 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations 

the technical correction is necessary to 

conform the CBP regulations to the 

current version of the HTSUS. 

Executive Order 12866 

This document is not a regulation 

subject to the provisions of Executive 

Order 12866 of September 30, 1993 (58 

FR 51735, October 1993), because it 

pertains to a foreign affairs function of 

the United States and implements an 

international agreement, as described 

above, and therefore is specifically 

exempted by section 3(d)(2) of 

Executive Order 12866. 

Regulatory Flexibility Act 

CBP Dec. 11–22 was issued as an 

interim rule rather than a notice of 

proposed rulemaking because CBP had 

determined that the interim regulations 

involve a foreign affairs function of the 

United States pursuant to section 

553(a)(1) of the APA. Because no notice 

of proposed rulemaking was required, 

the provisions of the Regulatory 

Flexibility Act, as amended (5 U.S.C. 

601 et seq.), do not apply. Accordingly, 

this final rule is not subject to the 

regulatory analysis requirements or 

other requirements of 5 U.S.C. 603 and 

604. 

Paperwork Reduction Act 

The collections of information 

contained in these regulations have 

previously been reviewed and approved 

by the Office of Management and 

Budget in accordance with the 

requirements of the Paperwork 

Reduction Act (44 U.S.C. 3507) under 

control number 1651–0117. The 

collections of information in these 

regulations are in §§ 10.903 and 10.904. 

This information is required in 

connection with claims for preferential 

tariff treatment under the PTPA and the 

Act and will be used by CBP to 

determine eligibility for tariff preference 

under the PTPA and the Act. The likely 

respondents are business organizations 

including importers, exporters and 

manufacturers. 

The estimated average annual burden 

associated with the collection of 

information in this final rule is 0.2 

hours per respondent or recordkeeper. 

Comments concerning the accuracy of 

this burden estimate and suggestions for 

reducing this burden should be directed 

to the Office of Management and 

Budget, Attention: Desk Officer for the 

Department of Homeland Security, 

Office of Information and Regulatory 

Affairs, Washington, DC 20503. A copy 

should also be sent to the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, Office of 

International Trade, U.S. Customs and 

Border Protection, 799 9th Street NW., 

5th Floor, Washington, DC 20229–1179. 

Under the Paperwork Reduction Act, an 

agency may not conduct or sponsor, and 

an individual is not required to respond 

to, a collection of information unless it 

displays a valid OMB control number. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

regulations (19 CFR 0.1(a)(1)) pertaining 

to the authority of the Secretary of the 

Treasury (or his/her delegate) to 

approve regulations related to certain 

CBP revenue functions. 

List of Subjects 

19 CFR Part 10 

Alterations, Bonds, Customs duties 

and inspection, Exports, Imports, 

Preference programs, Repairs, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 24 

Accounting, Customs duties and 

inspection, Financial and accounting 

procedures, Reporting and 

recordkeeping requirements, Trade 

agreements, User fees. 

19 CFR Part 162 

Administrative practice and 

procedure, Customs duties and 

inspection, Penalties, Trade agreements. 

19 CFR Part 163 

Administrative practice and 

procedure, Customs duties and 

inspection, Exports, Imports, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 178 

Administrative practice and 

procedure, Exports, Imports, Reporting 

and recordkeeping requirements. 

Amendments to the CBP Regulations 

Accordingly, the interim rule 

amending Parts 10, 24, 162, 163, and 

178 of the CBP regulations (19 CFR Parts 

10, 24, 162, 163, and 178), which was 

published at 76 FR 68067 on November 

3, 2011, is adopted as a final rule with 

one change as discussed above and set 

forth below. 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

■ 1. The general authority citation for 

Part 10 and the specific authority for 

new Subpart Q continue to read as 

follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1321, 1481, 1484, 1498, 1508, 

1623, 1624, 3314; 

* * * * * 

Sections 10.901 through 10.934 also issued 

under 19 U.S.C. 1202 (General Note 32, 

HTSUS), 19 U.S.C. 1520(d), and Pub. L. 110– 

138, 121 Stat. 1455 (19 U.S.C. 3805 note). 

§ 10.918 [Amended] 

■ 2. In § 10.918, paragraph (c)(1)(ii) is 

amended by adding, in numerical order, 

a reference to ‘‘5402.19.30, 5402.19.60,’’. 

David V. Aguilar, 

Deputy Commissioner, U.S. Customs and 

Border Protection. 

Approved: October 15, 2012. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2012–25668 Filed 10–17–12; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Part 12 

Special Classes of Merchandise 

CFR Correction 

In Title 19 of the Code of Federal 

Regulations, Parts 0 to 140, revised as of 

April 1, 2012, on page 441, in § 12.112 

(a), the words ‘‘(Index of Pesticide 

Products located in the Environmental 

Protection Agency’s handbook entitled 

Recognition and Management of 

Pesticide Poisonings, found at http:// 

www.epa.gov)’’ are corrected to read 

‘‘(Environmental Protection Agency 

Form 3540–1)’’. 

[FR Doc. 2012–25792 Filed 10–17–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–357] 

Schedules of Controlled Substances: 

Extension of Temporary Placement of 

Methylone 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 

methylone (3,4-methylenedioxy-Nmethylcathinone) including its salts, 

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Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations 64033 

1On July 9, 2012, President Obama signed the 

Food and Drug Administration Safety and 

Innovation Act (Pub. L. 112–144) (FDASIA), which 

amended section 201(h)(2) of the CSA to extend the 

timeframes applicable to temporary scheduling. 

2Because 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.’’ 

3Section 1152 of FDASIA controlled mephedrone 

and MDPV as Schedule I controlled substances, but 

it did not similarly control methylone. Accordingly, 

HHS provided a Scientific and Medical Evaluation 

and Scheduling Recommendation for methylone, 

recommending that methylone be placed in 

Schedule I. 

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 

methylone is due to expire on October 

20, 2012. This document will extend the 

temporary scheduling of methylone to 

April 20, 2013, or until rulemaking 

proceedings are completed, whichever 

occurs first. 

DATES: Effective Date: October 18, 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 

October 21, 2011, the Administrator of 

the DEA published a Final Order in the 

Federal Register (76 FR 65371) 

amending 21 CFR 1308.11(g) to 

temporarily place three synthetic 

cathinones, namely mephedrone (4- 

methyl-N-methylcathinone), MDPV (3,4- 

methylenedioxypyrovalerone) and 

methylone, into Schedule I of the CSA 

pursuant to the temporary scheduling 

provisions of 21 U.S.C. 811(h). That 

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 three synthetic cathinones was 

necessary to avoid an imminent hazard 

to the public safety pursuant to 21 

U.S.C. 811(h)(1). At the time the Final 

Order took effect, section 201(h)(2) of 

the CSA (21 U.S.C. 811(h)(2) (2011)) 

required that the temporary scheduling 

of a substance expire at the end of one 

year from the date of issuance of the 

order and that during the pendency of 

proceedings under 21 U.S.C. 811(a)(1) 

with respect to the substance, the 

temporary scheduling of that substance 

could be extended for up to six 

months.1 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,2 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 

three synthetic cathinones. On March 

30, 2012, the Administrator of the DEA 

submitted a letter to the Assistant 

Secretary for Health of the Department 

of Health and Human Services, 

requesting scientific and medical 

evaluations and scheduling 

recommendations for these three 

synthetic cathinones. In response to this 

letter, on August 14, 2012, the Assistant 

Secretary provided to DEA a scientific 

and medical evaluation and 

recommendation that methylone be 

placed in Schedule I.3 Proceedings 

regarding methylone 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 methylone, including its 

salts, isomers, and salts of isomers 

whenever the existence of such salts, 

isomers, and salts of isomers is possible, 

is extended to April 20, 2013, or until 

rulemaking proceedings are completed, 

whichever occurs first. 

In accordance with this Final Order, 

the Schedule I requirements for 

handling methylone including its salts, 

isomers, and salts of isomers whenever 

the existence of such salts, isomers, and 

salts of isomers is possible, will remain 

in effect until April 20, 2013, or until 

rulemaking proceedings are completed, 

whichever occurs first. 

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: October 10, 2012. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2012–25510 Filed 10–17–12; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

Discharge of Liens; Redemption by 

United States 

CFR Correction 

In Title 26 of the Code of Federal 

Regulations, Parts 300 to 499, revised as 

of April 1, 2012, on page 563, in 

§ 301.7425–4, in paragraph (b)(5) 

Example 1, at the end of the third 

sentence, ‘‘$1,000’’ is corrected to read 

‘‘$100,000’’. 

[FR Doc. 2012–25795 Filed 10–17–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2012–0003; T.D. TTB–108; 

Ref: Notice No. 128] 

RIN 1513–AB85 

Establishment of the Ancient Lakes of 

Columbia Valley Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) establishes the 

162,762-acre ‘‘Ancient Lakes of 

Columbia Valley’’ viticultural area in 

Douglas, Grant, and Kittitas Counties in 

central Washington. The viticultural 

area lies entirely within the larger 

Columbia Valley viticultural area. TTB 

designates viticultural areas to allow 

vintners to better describe the origin of 

their wines and to allow consumers to 

better identify wines they may 

purchase. 

DATES: Effective Date: November 19, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Karen A. Thornton, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G St. NW., 

Box 12, Washington, DC 20005; phone 

202–453–1039, ext. 175. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

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