21856 Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Proposed Rules 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by a report of 

cracks on airplanes prior to line number 1308 

in the forward and aft inner chords of the 

station 2598 bulkhead, and the bulkhead 

upper and lower webs. We are issuing this 

AD to detect and correct cracks in the splice 

fitting, support frame, floor support, forward 

and aft inner chords, and the bulkhead upper 

and lower webs of the body station, which 

could adversely affect the structural integrity 

of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) High Frequency Eddy Current (HFEC) 

and Low Frequency Eddy Current (LFEC) 

Inspection 

At the compliance time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 747–53A2815, dated 

November 8, 2012; except as provided by 

paragraph (h)(2) of this AD: Do HFEC and 

LFEC inspections, as applicable, for cracks in 

the splice fitting, support frame, floor 

support, forward and aft inner chords, the 

bulkhead upper web on the upper left and 

right side of the bulkhead, and the bulkhead 

lower web on the lower left side of the 

bulkhead, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–53A2815, dated 

November 8, 2012. 

(1) If no cracking is found, repeat the 

applicable inspections specified in paragraph 

(g) of this AD, thereafter at the applicable 

time specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 747–53A2815, dated November 8, 

2012. 

(2) If any cracking is found, do the actions 

specified in paragraphs (g)(2)(i) and (g)(2)(ii) 

of this AD. 

(i) Before further flight, do the applicable 

repair, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–53A2815, dated 

November 8, 2012; except as provided by 

paragraph (h)(1) of this AD. 

(ii) At the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 747–53A2815, dated 

November 8, 2012, do an HFEC and LFEC 

inspections for cracks in the unrepaired 

structure, which includes splice fitting, 

support frame, aft and forward inner chord, 

and the bulkhead upper web; and do an 

HFEC inspection for cracks in the repaired 

structure, which is the bulkhead upper web; 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–53A2815, dated November 8, 2012. 

(A) If no cracking is found, repeat the 

applicable HFEC and LFEC inspections 

specified in paragraph (g)(2)(ii) of this AD, 

thereafter at the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 747–53A2815, dated 

November 8, 2012. 

(B) If any cracking is found, before further 

flight, repair using a method approved in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

(h) Exception to the Service Information 

(1) If any crack is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin 747–53A2815, dated 

November 8, 2012, specifies to contact 

Boeing for appropriate action: Before further 

flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (i) of this AD. 

(2) Where Boeing Alert Service Bulletin 

747–53A2815, dated November 8, 2012, 

specifies a compliance time ‘‘after the 

original issue date of this service bulletin,’’ 

this AD requires compliance within the 

specified compliance time after the effective 

date of this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(j) Related Information 

(1) For more information about this AD, 

contact Nathan Weigand, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 98057– 

3356; phone: 425–917–6428; fax: 425–917– 

6590; email: Nathan.P.Weigand@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.com. You 

may review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on March 

28, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–08610 Filed 4–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0971; Airspace 

Docket No. 12–ASO–31] 

RIN 2120–AA66 

Proposed Amendment of VOR Federal 

Airway V–537; GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM); 

reopening of comment period. 

SUMMARY: This SNPRM amends a notice 

of proposed rulemaking (NPRM) 

published on October 15, 2012 which 

proposed to amend VHF 

omnidirectional range (VOR) Federal 

airway V–537 in Georgia. This SNPRM 

proposes to remove an additional 

segment of the airway due to navigation 

aid coverage limitations. 

DATES: Comments must be received on 

or before May 28, 2013. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2012–0971 and 

Airspace Docket No. 12–ASO–31 at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Proposed Rules 21857 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2012–0971 and Airspace Docket No. 12– 

ASO–31) and be submitted in triplicate 

to the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2012–0971 and 

Airspace Docket No. 12–ASO–31.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified comment closing 

date will be considered before taking 

action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Eastern Service Center, Federal 

Aviation Administration, Room 210, 

1701 Columbia Ave., College Park, 

GA30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

The FAA proposed to remove a 

segment of VOR Federal airway V–537 

due to the planned decommissioning of 

the Moultrie, GA, VOR/DME facility (77 

FR 62468, October 15, 2012). The public 

comment period closed on November 

29, 2012. No comments were received. 

Subsequently, a flight inspection was 

conducted to validate the operability of 

the proposed amended portion of 

V–537. During that flight inspection, a 

portion of the originally proposed route 

amendment was found to be 

unsatisfactory. Specifically, a radial 

from the Macon, GA, VORTAC that had 

been planned to form an intersection 

along the route between the Greenville, 

FL, VORTAC and the Macon, GA, 

VORTAC, did not pass the expanded 

service volume validation. After 

considering other alternatives, the FAA 

opted to propose terminating V–537 at 

the Greenville VORTAC and eliminate 

the segment between Greenville and 

Macon. 

The Proposal 

The FAA is proposing an amendment 

to Title 14, Code of Federal Regulations 

(14 CFR) part 71 to further modify the 

description of V–537 by eliminating the 

route segments between the Greenville, 

FL, VORTAC and the Macon, GA, 

VORTAC. As now proposed V–537 

would extend between Palm Beach, FL, 

and Greenville, FL. 

Since this change expands the scope 

of the originally proposed airway 

amendment, the FAA has determined 

that it is necessary to reopen the 

comment period to provide additional 

opportunity for public comment. 

VOR Federal airways are published in 

paragraph 6010, of FAA Order 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal airway listed in 

this document would be subsequently 

published in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies the route structure as 

required to preserve the safe and 

efficient flow of air traffic. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, Dated August 8, 2012 and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010 Domestic VOR Federal 

Airways 

V–537 [Amended] 

From Palm Beach, FL; INT Palm Beach 

356° and Treasure, FL, 143° radials; Treasure; 

INT Treasure 318° and Orlando, FL, 140° 

radials; INT Orlando 140° and Melbourne, FL 

298° radials; INT Melbourne 298° and Ocala, 

FL 145° radials; Ocala; Gators, FL; to 

Greenville, FL. 

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21858 Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Proposed Rules 

1Because the Secretary of the Department of 

Health and Human Services (HHS) has delegated to 

the Assistant Secretary for Health the Department 

of Health and Human Services the authority to 

make domestic drug scheduling recommendations, 

for purposes of this Notice of Intent, all subsequent 

references to ‘‘Secretary’’ have been replaced with 

‘‘Assistant Secretary.’’ As set forth in a 

memorandum of understanding entered into by 

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

the National Institute on Drug Abuse (NIDA), FDA 

acts as the lead agency within HHS in carrying out 

the Secretary’s scheduling responsibilities under 

the Controlled Substance Act (CSA), with the 

concurrence of NIDA. 50 FR 9518. 

Issued in Washington, DC, on April 4, 

2013. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–08546 Filed 4–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–373] 

Schedules of Controlled Substances: 

Temporary Placement of Three 

Synthetic Cannabinoids Into Schedule 

I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of Intent. 

SUMMARY: The Deputy Administrator of 

the Drug Enforcement Administration 

(DEA) is issuing this notice of intent to 

temporarily schedule three synthetic 

cannabinoids into the Controlled 

Substances Act (CSA) pursuant to the 

temporary scheduling provisions of 21 

U.S.C. 811(h). The substances are 1- 

pentyl-1H-indol-3-yl)(2,2,3,3- 

tetramethylcyclopropyl)methanone 

(UR–144), 1-(5-fluoro-pentyl)-1H-indol3-yl](2,2,3,3- 

tetramethylcyclopropyl)methanone (5- 

fluoro-UR–144; XLR11) and N-(1- 

adamantyl)-1-pentyl-1H-indazole-3- 

carboxamide (APINACA, AKB48). This 

action is based on a finding by the 

Deputy Administrator that the 

placement of these synthetic 

cannabinoids 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 

May 13, 2013. 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 

cannabinoids. 

FOR FURTHER INFORMATION CONTACT: John 

W. Partridge, Executive Assistant, Office 

of Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152, telephone (202) 307–7165. 

SUPPLEMENTARY INFORMATION: 

Background 

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 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 up to one year. 

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. The Attorney 

General has delegated his authority 

under 21 U.S.C. 811 to the 

Administrator of DEA, who in turn has 

delegated her authority to the Deputy 

Administrator of DEA. 28 CFR 0.100, 

Appendix to Subpart R. 

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 into 

Schedule I of the CSA.1 The Deputy 

Administrator has transmitted notice of 

his intent to place UR–144, XLR11, and 

AKB48 in Schedule I on a temporary 

basis to the Assistant Secretary by letter 

dated February 14, 2013. The Assistant 

Secretary responded to this notice by 

letter dated March 14, 2013 (received by 

DEA on March 21, 2013), and advised 

that based on review by the Food and 

Drug Administration (FDA), there are 

currently no investigational new drug 

applications or approved new drug 

applications for UR–144, XLR11, or 

AKB48. The Assistant Secretary also 

stated that HHS has no objection to the 

temporary placement of UR–144, XLR11 

or AKB48 into Schedule I of the CSA. 

DEA has taken into consideration the 

Assistant Secretary’s comments. As UR– 

144, XLR11, and AKB48 are not 

currently listed in any schedule under 

the CSA, and as no exemptions or 

approvals are in effect for UR–144, 

XLR11, and AKB48 under Section 505 

of the FD&C 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 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)). 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 

(U.S.), and a lack of accepted safety for 

use under medical supervision. 21 

U.S.C. 812(b)(1). Available data and 

information for UR–144, XLR11, and 

AKB48 indicate that these three 

synthetic cannabinoids have a high 

potential for abuse, no currently 

accepted medical use in treatment in the 

U.S., and a lack of accepted safety for 

use under medical supervision. 

Synthetic Cannabinoids 

While synthetic cannabinoids have 

been developed over the last 30 years 

for research purposes to investigate the 

cannabinoid system, no scientific 

literature referring to UR–144, XLR11 or 

AKB48 was available prior to these 

drugs identification in the illicit market. 

In addition, no legitimate non-research 

uses have been identified for these 

synthetic cannabinoids nor have they 

been approved by FDA for human 

consumption. These synthetic 

cannabinoids, of which 1-pentyl-1Hindol-3-yl)(2,2,3,3- 

tetramethylcyclopropyl)methanone 

(UR–144), 1-(5-fluoro-pentyl)-1H-indol3-yl](2,2,3,3- 

tetramethylcyclopropyl)methanone (5- 

fluoro-UR–144; XLR11), and N-(1- 

adamantyl)-1-pentyl-1H-indazole-3- 

carboxamide (APINACA, AKB48) are 

representative, are so-termed for their 

D9-tetrahydrocannabinol (THC)—like 

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