Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12201 

1Because 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.’’ 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–345] 

Schedules of Controlled Substances: 

Extension of Temporary Placement of 

Five Synthetic Cannabinoids 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 the 

five synthetic cannabinoids 1-pentyl-3- 

(1-naphthoyl)indole (JWH–018), 1-butyl3-(1-naphthoyl)indole (JWH–073), 1-[2- 

(4-morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200), 5-(1,1- 

dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue) including their salts, 

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 

these five synthetic cannabinoids is due 

to expire on February 29, 2012. This 

document will extend the temporary 

scheduling of these five synthetic 

cannabinoids to August 29, 2012 or 

until rulemaking proceedings are 

completed, whichever comes first. 

DATES: Effective Date: February 29, 

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 March 

1, 2011, the Administrator of the DEA 

published a Final Order in the Federal 

Register (76 FR 11075) amending 21 

CFR 1308.11(g) to temporarily place 

these five synthetic cannabinoids into 

Schedule I of the CSA pursuant to the 

temporary scheduling provisions of 21 

U.S.C. 811(h). This 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 five 

synthetic cannabinoids was necessary to 

avoid an imminent hazard to the public 

safety pursuant to 21 U.S.C. 811(h)(1). 

Section 201(h)(2) of the CSA (21 U.S.C. 

811(h)(2)) requires that the temporary 

scheduling of a substance expire at the 

end of one year from the date of 

issuance of the order. However, during 

the pendency of proceedings under 21 

U.S.C. 811(a)(1) with respect to the 

substance, temporary scheduling of that 

substance may be extended for up to six 

months. 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,1 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 five 

synthetic cannabinoids. On June 21, 

2011 the Administrator of the DEA 

submitted a letter to the Assistant 

Secretary, requesting scientific and 

medical evaluations and scheduling 

recommendations for these five 

synthetic cannabinoids. In response to 

this letter, on the following dates the 

Assistant Secretary provided to DEA 

scientific and medical evaluations and 

recommendations that all five of these 

synthetic cannabinoids be placed in 

Schedule I: January 5, 2012 (1-pentyl-3- 

(1-naphthoyl)indole (JWH–018)); 

February 6, 2012 (1-butyl-3-(1- 

naphthoyl)indole (JWH–073)) and (1-[2- 

(4-morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200)); February 

13, 2012 5-(1,1-dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue). Proceedings regarding 

these five synthetic cannabinoids 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 1-pentyl-3-(1- 

naphthoyl)indole (JWH–018), 1-butyl-3- 

(1-naphthoyl)indole (JWH–073), 1-[2-(4- 

morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200), 5-(1,1- 

dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue) including their salts, 

isomers, and salts of isomers whenever 

the existence of such salts, isomers, and 

salts of isomers is possible, is extended 

to August 29, 2012, or until rulemaking 

proceedings are completed, whichever 

comes first. 

In accordance with this Final Order, 

the Schedule I requirements for 

handling (1-pentyl-3-(1- 

naphthoyl)indole (JWH–018), 1-butyl-3- 

(1-naphthoyl)indole (JWH–073), 1-[2-(4- 

morpholinyl)ethyl]-3-(1- 

naphthoyl)indole (JWH–200), 5-(1,1- 

dimethylheptyl)-2-(3- 

hydroxycyclohexyl)-phenol (CP– 

47,497), and 5-(1,1-dimethyloctyl)-2-(3- 

hydroxycyclohexyl)-phenol 

(cannabicyclohexanol, CP–47,497 C8 

homologue)) including their salts, 

isomers, and salts of isomers whenever 

the existence of such salts, isomers, and 

salts of isomers is possible, will remain 

in effect after February 29, 2012. 

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: February 24, 2012. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2012–4916 Filed 2–28–12; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice 7810] 

RIN 1400–AD08 

Amendment to the International Traffic 

in Arms Regulations: Haiti 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations to clarify that the 

Coast Guard of Haiti is an eligible enduser. This change makes it clear that the 

existing exceptions allow for exports to 

the Coast Guard of Haiti. 

DATES: Effective Date: This rule is 

effective February 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Acting Director, 

Office of Defense Trade Controls Policy, 

U.S. Department of State, telephone 

(202) 663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Part 126, Haiti. 


tkelley on DSK3SPTVN1PROD with RULES