### 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


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

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.


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

1 Because 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-1 H -indol-3-yl)(2,2,3,3- tetramethylcyclopropyl)methanone (UR–144), 1-(5-fluoro-pentyl)-1 H-indol3-yl](2,2,3,3- tetramethylcyclopropyl)methanone (5- fluoro-UR–144; XLR11) and N -(1- adamantyl)-1-pentyl-1 H -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-1 Hindol-3-yl)(2,2,3,3- tetramethylcyclopropyl)methanone (UR–144), 1-(5-fluoro-pentyl)-1 H-indol3-yl](2,2,3,3- tetramethylcyclopropyl)methanone (5- fluoro-UR–144; XLR11), and N -(1- adamantyl)-1-pentyl-1 H -indazole-3- carboxamide (APINACA, AKB48) are representative, are so-termed for their

D9-tetrahydrocannabinol (THC)—like