Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Rules and Regulations 47451 

(i) Does not object to all or part of the 

assessments or determination of the 

PCAOB and the stay of publication is 

terminated; or 

(ii) Remands to the PCAOB with 

instructions that the stay of publication 

is permanent or that the PCAOB take 

such other actions as the Commission 

deems necessary or appropriate with 

respect to publication, including, but 

not limited to, revising the final 

inspection report or determinations 

before publication. 

(5) The review pursuant to this 

section shall be completed and a written 

notice pursuant to this section shall be 

sent no more than 75 calendar days after 

notification to the firm and the PCAOB 

that the Commission is granting the 

request for an interim review, unless the 

Commission extends the period for good 

cause. 

(f) Treatment of review. 

(1) Time periods in this section shall 

be computed as provided in the 

Commission’s Rules of Practice, 17 CFR 

201.160. 

(2) Unless otherwise determined by 

the Commission, the decision to grant or 

deny a review request and the 

conclusions of the Commission’s review 

shall be non-public, and the information 

or documents submitted, created, or 

obtained by the Commission or its staff 

in the course of the review shall be 

deemed non-public. Nothing in this rule 

shall be construed to impair or limit the 

ability of any party to request 

confidential treatment under the 

Freedom of Information Act, 15 U.S.C. 

7215(b)(5), or any other applicable law. 

(3) Pursuant to 15 U.S.C. 7214(h)(2), 

any decision of the Commission as a 

result of an interim review with respect 

to a PCAOB inspection report, including 

whether a request for review is granted 

or denied, shall not be reviewable under 

15 U.S.C. 78y and shall not be deemed 

to be ‘‘final agency action’’ for purposes 

of 5 U.S.C. 704. 

(4) Any action taken by the 

Commission relates solely to the 

publication of the relevant inspection 

report and does not affect the ability of 

the Commission or PCAOB to take 

appropriate action. 

(g) Designation of address; 

Representation. 

(1) When a registered public 

accounting firm first submits a request 

for interim Commission review, or an 

associated person first submits 

information related to a request, the firm 

or associated person shall submit to the 

Commission, and keep current, an 

address at which any notice or other 

written communication furnished to the 

firm or associated person may be sent, 

a contact name and telephone number 

where the firm or associated person may 

be reached during business hours and, 

if represented, the representative’s 

name, business address, and telephone 

number. 

(2) If the firm, PCAOB, or associated 

person will be represented by a 

representative, the initial submission of 

that person shall be accompanied by the 

notice of appearance required by 

§ 201.102(d). The other provisions of 

§ 201.102 with respect to representation 

before the Commission shall apply. 

§ 202.11 [Redesignated as § 202.190] 

■ 7. Redesignate § 202.11 as § 202.190 

under Subpart A. 

Dated: July 26, 2010. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–18860 Filed 8–5–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–247C] 

Schedules of Controlled Substances; 

Placement of 2,5-Dimethoxy-4-(n)- 

propylthiophenethylamine and NBenzylpiperazine Into Schedule I of the 

Controlled Substances Act; Correction 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Final rule: correction. 

SUMMARY: The Drug Enforcement 

Administration (DEA) is correcting a 

final rule that appeared in the Federal 

Register of March 18, 2004. The final 

rule pertained to the scheduling of NBenzylpiperazine (BZP), and contained 

an error regarding the potency of BZP 

relative to amphetamine. Although DEA 

used the correct figures in arriving at its 

scheduling determination, the agency is 

publishing this correction to provide an 

official statement of the actual figures. 

This correction does not address the 

scheduling of 2,5-dimethoxy-4-(n)- 

propylthiophenethylamine (2C–T–7) 

which was also placed into schedule I 

as a result of the above cited 

rulemaking. 

DATES: This correction is effective 

August 6, 2010 without further action. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Sannerud, PhD, Chief, Drug 

and Chemical Evaluation Section, Office 

of Diversion Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, VA 22152, Telephone (202) 

307–7183. 

SUPPLEMENTARY INFORMATION: 

Background 

DEA is correcting an inadvertent error 

that occurred in a Final Rule that 

scheduled the substance nBenzylpiperazine (BZP) as a schedule I 

controlled substance. In a Notice of 

Proposed Rulemaking, published on 

September 8, 2003 (68 FR 52872), DEA 

proposed the control of BZP in schedule 

I of the Controlled Substances Act 

(CSA). A Final Rule, published on 

March 18, 2004 (69 FR 12794), finalized 

the placement of BZP in schedule I of 

the CSA. 

Each of these rules contained a 

misstatement in the ‘‘Supplementary 

Information’’ section, with regard to the 

potency differences between BZP and 

amphetamine. In each rule, it was 

erroneously stated that BZP is 10 to 20 

times more potent than amphetamine. 

In actuality, the converse is true (i.e., 

BZP is 10 to 20 times less potent than 

amphetamine.) Therefore this 

Rulemaking corrects this misstatement 

in the Final Rule. Under separate 

rulemaking, DEA is publishing a 

correction to the Notice of Proposed 

Rulemaking, published September 8, 

2003 (68 FR 52872). 

DEA emphasizes that these errors 

were made solely in the rules as 

published in the Federal Register. Both 

DEA and the U.S. Department of Health 

and Human Services (HHS) considered 

the correct BZP potencies during their 

scheduling deliberations. The correct 

potencies were included in both the 

HHS scientific and medical evaluation 

document, and in DEA’s scheduling 

document, which were used to make the 

determination for control. The public 

docket for BZP contains both of these 

review documents. In addition, DEA has 

already published on the agency’s Web 

site the correct figures regarding relative 

potency. 

The determination of control of BZP 

was made after consideration of all the 

available data and all eight factors and 

the criteria for schedule I as specified in 

21 U.S.C. 811 and 812. The 

amphetamine-like property of BZP was 

determined following the collective 

review and consideration of all the 

available evidence including drug 

discrimination and self-administration 

and other information. These studies 

were briefly mentioned in the rules 

controlling BZP as a schedule I 

controlled substance and were 

discussed in detail in the scientific and 

medical evaluation and scheduling 


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47452 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Rules and Regulations 

documents prepared by both HHS and 

DEA. 

Although the potency difference 

between BZP and amphetamine was 

discussed in the rules proposing and 

finalizing control of BZP as a part of the 

scientific background information, 

comparisons of potency differences are 

only one piece of background scientific 

data used to evaluate the abuse potential 

of drugs or other substances. In 

addition, potency itself is not one of the 

factors determinative of control. In fact, 

there are many examples of substances 

of varying potencies in each schedule, 

including stimulants and opiates 

previously scheduled under the CSA. 

Even though the scheduling of BZP 

was finalized more than six years ago, 

DEA has been advised that in criminal 

proceedings, for sentencing purposes, 

courts have sought to ascertain: (1) The 

controlled substance, for which a 

sentencing guideline equivalency exists, 

that is the most closely analogous to 

BZP (which is d-amphetamine) and 

(2) the relative potency of BZP to that 

of the most analogous controlled 

substance. As indicated above, DEA has 

already published on the agency’s Web 

site the correct figures regarding relative 

potency. This correction is being issued 

to provide such an official statement in 

the Federal Register for ease of 

reference by courts, litigants, and others 

who need the information for 

sentencing purposes. 

This correction does not address the 

scheduling of 2,5-dimethoxy-4-(n)- 

propylthiophenethylamine (2C–T–7) 

which was also placed into schedule I 

as a result of the above cited 

rulemakings. 

Correction 

Accordingly, the publication on 

Thursday, March 18, 2004, of the Final 

Rule [Docket No. DEA–247F], at 69 FR 

12794 [FR Doc. 04–6110], is corrected in 

the preamble as follows: 

On page 12795, in the first column, 

paragraph 4, sentences 4 and 5 are 

corrected to read as follows: ‘‘BZP is 

about 20 times less potent than 

amphetamine in producing these effects. 

However, in subjects with a history of 

amphetamine dependence, BZP was 

found to be about 10 times less potent 

than amphetamine.’’ 

Dated: July 26, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–19348 Filed 8–5–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DoD–2010–HA–0068] 

RIN 0720–AB39 

Civilian Health and Medical Program of 

the Uniformed Services (CHAMPUS); 

TRICARE Retired Reserve for Members 

of the Retired Reserve 

AGENCY: Office of the Secretary, DoD. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule 

establishes requirements and 

procedures for implementation of 

TRICARE Retired Reserve. This interim 

final rule addresses provisions of the 

National Defense Authorization Act for 

Fiscal Year 2010 (NDAA–10). The 

purpose of this interim final rule is to 

establish the TRICARE Retired Reserve 

program that implements section 705 of 

the NDAA–10. Section 705 allows 

members of the Retired Reserve who are 

qualified for non-regular retirement, but 

are not yet 60 years of age, to qualify to 

purchase medical coverage equivalent to 

the TRICARE Standard (and Extra) 

benefit unless that member is either 

enrolled in, or is eligible to enroll in, a 

health benefit plan under Chapter 89 of 

Title 5, United States Code, as well as 

certain survivors. The amount of the 

premium that qualified members pay to 

purchase these benefits will represent 

the full cost as determined on an 

appropriate actuarial basis for coverage 

under the TRICARE Standard (and 

Extra) benefit including the cost of the 

program administration. There will be 

one premium for member-only coverage 

and a separate premium for member and 

family coverage. The rules and 

procedures otherwise outlined in Part 

199 of 32 CFR relating to the operation 

and administration of the TRICARE 

Standard and Extra programs including 

the required cost-shares, deductibles 

and catastrophic caps for retired 

members and their dependents will 

apply to this program. The rule is being 

published as an interim final rule with 

comment period in order to comply 

with statutory effective dates. 

DATES: This rule is effective August 6, 

2010. Written comments received at the 

address indicated below by October 5, 

2010 will be considered and addressed 

in the final rule. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Jody 

Donehoo, TRICARE Management 

Activity, TRICARE Policy and 

Operations, telephone (703) 681–0039. 

Questions regarding payment of 

specific claims under the TRICARE 

allowable charge method should be 

addressed to the appropriate TRICARE 

contractor. 

SUPPLEMENTARY INFORMATION: 

I. Introduction and Background 

The purpose of this interim final rule 

is to establish the TRICARE Retired 

Reserve program that implements 

section 705 of the National Defense 

Authorization Act for Fiscal Year 2010 

(NDAA–10) (Pub. L. 111–84). Section 

705 added new section 1076e to Title 

10, United States Code. Section 1076e 

allows members of the Retired Reserve 

who are qualified for non-regular 

retirement, but are not yet 60 years of 

age, as well as certain survivors to 

qualify to purchase medical coverage 

equivalent to the TRICARE Standard 

(and Extra) benefit unless that member 

is either enrolled in, or eligible to enroll 

in, a health benefits plan under Chapter 

89 of Title 5, United States Code. 

II. Provisions of the Rule Regarding the 

TRICARE Retired Reserve Program 

A. Establishment of the TRICARE 

Retired Reserve Program (paragraph 

199.25(a)). This paragraph describes the 

nature, purpose, statutory basis, scope, 

and major features of TRICARE Retired 

Reserve, a premium-based medical 

coverage program that was made 

available for purchase worldwide by 

certain members of the Retired Reserve, 

their family members and their 

surviving family members. TRICARE 

Retired Reserve is authorized by 10 

U.S.C. 1076e. 

The major features of the program 

include making coverage available for 

purchase by any Retired Reserve 

member who is qualified for non-regular 


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