Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules 39039 

keep them operationally current. It, 

therefore, (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under 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, 

would 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 proposed 

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 airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would establish Class E airspace at 

Keller Brothers Airport, Lebanon, PA. 

Lists 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 Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AEA PA E5 Lebanon, PA [New] 

Keller Brothers Airport 

(Lat. 40°917′30′′ N., long. 76°19′43′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 10-mile radius 

of the Keller Brothers Airport. 

Issued in College Park, Georgia, on June 23, 

2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–16660 Filed 7–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–342P] 

RIN 1117–AB33 

Establishment of a New Drug Code for 

Marihuana Extract 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration (DEA) is proposing to 

create a new Administration Controlled 

Substances Code Number (‘‘Code 

Number’’ or ‘‘drug code’’) under 21 CFR 

1308.11 for ‘‘Marihuana Extract.’’ This 

Code Number will allow DEA and DEAregistered entities to track quantities of 

this material separately from quantities 

of marihuana. This in turn will aid in 

complying with relevant treaty 

provisions. 

Under international drug control 

treaties (administered by the United 

Nations), some differences exist 

between the regulatory controls 

pertaining to marihuana extract versus 

those for marihuana and 

tetrahydrocannabinols. DEA has 

established separate Code Numbers for 

marihuana and for 

tetrahydrocannabinols, but not for 

marihuana extract. To better track these 

materials and better comply with treaty 

provisions, DEA is proposing to create 

a separate Code Number for marihuana 

extract under 21 CFR 1308.11(d)(36): 

‘‘Marihuana Extract meaning extracts 

that have been derived from any plant 

of the genus cannabis and which 

contain cannabinols and cannabidiols.’’ 

Such extracts of marihuana would 

continue to be treated as schedule I 

controlled substances. 

DATES: Electronic comments must be 

submitted and written comments must 

be postmarked on or before September 

6, 2011. Commenters should be aware 

that the electronic Federal Docket 

Management System will not accept 

comments after midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–342’’ on all electronic and 

written correspondence. DEA 

encourages all comments be submitted 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document and supplemental 

information to this proposed rule are 

also available at the http:// 

www.regulations.gov Web site for easy 

reference. Paper comments that 

duplicate the electronic submission are 

not necessary as all comments 

submitted to http://www.regulations.gov 

will be posted for public review and are 

part of the official docket record. Should 

you, however, wish to submit written 

comments via regular or express mail, 

they should be sent to the Drug 

Enforcement Administration, Attention: 

DEA Federal Register Representative/ 

ODL, 8701 Morrissette Drive, 

Springfield, VA 22152. 

FOR FURTHER INFORMATION CONTACT: 

Imelda L. Paredes, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, Virginia 22152; Telephone 

(202) 307–7165. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments: Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov 

and in the DEA’s public docket. Such 

information includes personal 

identifying information (such as your 

name, address, etc.) voluntarily 

submitted by the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

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39040 Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted, and the comment, in 

redacted form, will be posted online and 

placed in the DEA’s public docket file. 

Please note that the Freedom of 

Information Act applies to all comments 

received. If you wish to inspect the 

agency’s public docket file in person by 

appointment, please see the ‘‘For 

Further Information’’ paragraph. 

Background 

As provided in 21 CFR 1308.03, each 

controlled substance or basic class 

thereof is assigned a four digit Code 

Number that is used to track quantities 

of the controlled substance imported 

and exported to and from the United 

States. Additionally, DEA uses these 

Code Numbers in establishing aggregate 

production quotas for basic classes of 

controlled substances listed in 

schedules I and II as required by 21 

U.S.C. 826. 

Consistent with the Controlled 

Substances Act (CSA), the schedules 

contained in the DEA regulations 

include marihuana (drug code 7360) in 

schedule I. 21 CFR 1308.11(d)(23). This 

listing includes (unless specifically 

excepted or unless listed in another 

schedule) any material, compound, 

mixture, or preparation, which contains 

any quantity of the substance, or which 

contains any of its salts, isomers, and 

salts of isomers that are possible within 

the specific chemical designation. 

Because the definition of marihuana in 

21 U.S.C. 802(16) includes both 

derivatives and preparations of 

marihuana, DEA until now has used 

drug code 7360 for extracts of 

marihuana as well. In this proposed 

rule, DEA is proposing that the new 

drug code 7350 be used for extracts of 

marihuana. 

Why a New Code Number Is Needed 

The United Nations Conventions on 

international drug control treat extracts 

from the cannabis plant differently than 

marihuana or tetrahydrocannabinols. 

The creation of a new drug code in DEA 

regulations for marihuana extracts will 

allow for more appropriate accounting 

of such materials consistent with treaty 

provisions. 

The Single Convention on Narcotic 

Drugs, 1961 (‘‘Single Convention’’) and 

the 1971 Convention on Psychotropic 

Substances (‘‘Psychotropic 

Convention’’) provide for the 

international control of marihuana 

constituents. Many of the CSA’s 

provisions were drafted to comply with 

these Conventions. The CSA includes 

schemes of drug scheduling and 

procedures for adding, removing, and 

transferring drugs among the schedules 

that are similar, in some ways, to those 

in the Single Convention. With respect 

to those drugs that are subject to control 

under the Single Convention, the CSA 

mandates that DEA control such drugs 

at least as strictly as required by the 

Single Convention. 21 U.S.C. 811(d). 

Somewhat similar to the CSA, the 

Single Convention controls substances 

through four schedules. However, under 

the Single Convention, the drugs that 

are subject to the most stringent controls 

are in schedule IV. Another difference 

between the CSA and the Single 

Convention is that, under the latter, a 

drug can be listed in more than one 

schedule. Cannabis and cannabis resin 

are listed in both schedule IV and 

schedule I of the Single Convention. 

Schedule I controls under the Single 

Convention include requirements for 

import and export authorization, 

licensing of manufacturers/distributors, 

recordkeeping requirements, 

requirement for prescriptions for 

medical use, annual estimate of needs, 

quotas, annual statistical reporting, and 

a requirement that use be limited to 

medical and scientific purposes. 

Schedule II of the Single Convention is 

similar in controls to schedule I with a 

few exceptions, and schedule III is less 

restrictive. All substances listed in 

schedule IV are also listed in schedule 

I. The placing of a drug into both 

schedule I and schedule IV therefore 

imposes the most stringent controls 

under the Single Convention. Although 

cannabis and cannabis resin are listed in 

Schedules I and IV of the Single 

Convention, cannabis extracts are listed 

only in Schedule I. 

Proposed Actions 

DEA therefore proposes to update 21 

CFR 1308.11(d) to include new 

subparagraph (36) which would create a 

new Code Number in schedule I as 

follows: 

‘‘(36) Marihuana Extract .............. 7350 

Meaning extracts that have been derived 

from any plant of the genus cannabis and 

which contain cannabinols and 

cannabidiols.’’ 

The creation of a new drug code in 

DEA regulations for marihuana extracts 

would allow for more appropriate 

accounting of such materials consistent 

with treaty provisions. Such marihuana 

extracts remain in schedule I. Firms 

registered to handle marihuana (under 

drug code 7360) that also handle 

marihuana extracts, will need to apply 

to add the new drug code 7350 to their 

existing DEA registrations and procure 

quotas specifically for drug code 7350 

each year. 

Regulatory Compliance Analyses 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), the 

Administrator has reviewed this 

regulation and by approving it certifies 

that this regulation will not have a 

significant economic impact upon a 

substantial number of small entities. 

This rule proposes the establishment of 

a new drug code for marihuana extracts. 

DEA already registers persons handling 

marihuana extracts, but within another 

already-established drug code. Thus, 

persons who handle these marihuana 

extracts have already met DEA’s 

registration, security, and other 

statutory and regulatory requirements. 

The only direct effect to registrants who 

handle marihuana extracts would be the 

requirement to add the new drug code 

to their registration once the code is 

established. 

Executive Orders 12866 and 13563 

This regulation has been drafted and 

reviewed in accordance with the 

principles of Executive Orders 12866 

and 13563. Although this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866 Section 3(f), it 

was submitted to the Office of 

Management and Budget (OMB) and 

subsequently approved. 

Executive Order 12988 

This proposed regulation meets the 

applicable standards set forth in 

Sections 3(a) and 3(b)(2) of Executive 

Order 12988 Civil Justice Reform to 

eliminate ambiguity, minimize 

litigation, establish clear legal standards 

and reduce burden. 

Executive Order 13132 

This rulemaking does not preempt or 

modify any provision of state law; nor 

does it impose enforcement 

responsibilities on any state; nor does it 

diminish the power of any state to 

enforce its own laws. Accordingly, this 

rulemaking does not have federalism 

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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Proposed Rules 39041 

implications warranting the application 

of Executive Order 13132. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by state, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $136,000,000 or more 

(adjusted for inflation) in any one year, 

and will not significantly or uniquely 

affect small governments. Therefore, no 

actions were deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Paperwork Reduction Act of 1995 

This action does not impose a 

collection of information requirement 

under the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501–3521. 

Executive Order 13175 

This rule is not a policy that has 

Tribal implications under Executive 

Order 13175. It will not have substantial 

direct effects on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

List of Subjects in 21 CFR Part 1308 

Drug traffic control, Controlled 

substances. 

For the reasons set out above, 21 CFR 

part 1308 is proposed to be amended as 

follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

1. The authority citation for part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b). 

2. Section 1308.11 is amended by 

adding new paragraph (d)(36) to read as 

follows: 

§ 1308.11 Schedule I. 

* * * * * 

(d) * * * 

(36) Marihuana Extract ................ 7350 

Meaning extracts that have been 

derived from any plant of the genus 

cannabis and which contain 

cannabinols and cannabidiols. 

* * * * * 

Dated: June 14, 2011. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2011–16800 Filed 7–1–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1910 

RIN 1218–AC46 

Infectious Diseases 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of stakeholder meetings. 

SUMMARY: OSHA invites interested 

parties to participate in informal 

stakeholder meetings concerning 

occupational exposure to infectious 

diseases. OSHA plans to use the 

information gathered at these meetings 

to explore the possible development of 

a proposed rule to protect workers from 

occupational exposure to infectious 

agents in settings, either where workers 

provide direct patient care or where 

workers perform tasks other than direct 

patient care that also have occupational 

exposure. These other work tasks 

include: Providing patient support 

services (e.g., housekeeping, facility 

maintenance); handling, transporting, 

receiving or processing infectious items 

or wastes (e.g., transporting medical 

specimens, disposing of medical waste); 

conducting autopsies or performing 

mortuary services; and performing tasks 

in laboratories. 

DATES: Dates and locations for the 

stakeholder meetings are: 

July 29, 2011, 9 a.m.–noon in 

Washington, DC. 

July 29, 2011, 1:30 p.m.–4:30 p.m. in 

Washington, DC. 

The deadline for confirmed 

registration at the meeting is: July 22, 

2011. However, if space remains after 

this deadline, OSHA may accept 

additional participants until the 

meetings are full. Those who submit 

their registration after July 22, 2011 may 

not receive confirmation of their 

attendance from OSHA. 

ADDRESSES: 

Registration: Submit your notice of 

intent to participate in a stakeholder 

meeting through one of the methods 

below. Specify which meeting (morning 

or afternoon) you would like to attend. 

Electronic: Register at: https:// 

www2.ergweb.com/projects/ 

conferences/osha/register-oshastakeholder.htm (follow the instructions 

online). 

Facsimile: Fax your request to: (781) 

674–7200, and label it ‘‘Attention: 

OSHA Infectious Diseases Stakeholder 

Meeting Registration.’’ 

Regular mail, express delivery, hand 

(courier) delivery, and messenger 

service: Send your request to: OSHA 

Infectious Diseases Stakeholder Meeting 

Registration, Attention: Thomas Nerad, 

OSHA, Room N–3718, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Meetings: The July 29, 2011 meetings 

will be held in the Francis Perkins 

Building, Room N–4437 at 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding this notice is 

available from the following sources: 

Press inquiries: Contact Frank 

Meilinger, Acting Director, OSHA Office 

of Communications, Room N–3647, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–1999. 

General and technical information: 

Contact Andrew Levinson, Director, 

Office of Biological Hazards, OSHA 

Directorate of Standards and Guidance, 

Room N–3718, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone: (202) 

693–2048. 

Copies of this Federal Register 

notice: Electronic copies are available at 

http://www.regulations.gov. This 

Federal Register notice, as well as news 

releases and other relevant information, 

also are available on the OSHA Web 

page at http://www.osha.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 6, 2010, OSHA published a 

Request for Information, entitled 

‘‘Infectious Diseases’’ (Docket Number: 

OSHA–2010–0003). The Agency was 

interested in more accurately 

characterizing the nature and extent of 

occupationally-acquired infectious 

diseases and the strategies that are 

currently being used to mitigate the risk 

of occupational exposure to infectious 

agents. More than 200 comments were 

received in response to the RFI. Based 

upon these responses and an ongoing 

review of current literature on this 

subject, OSHA is considering what 

action, if any, the Agency should take to 

limit the spread of occupationallyacquired infectious diseases. 

One action the Agency is considering 

is the development of a program 

standard to control workers’ exposure to 

infectious agents in settings, either 

where workers provide direct patient 

care or where workers perform tasks 

other than direct patient care which also 

have occupational exposure. These 

other tasks might include such tasks as: 

Providing patient support services (e.g., 

housekeeping, food delivery, facility 

maintenance); handling, transporting, 

receiving or processing infectious items 

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