[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14842-14844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06460]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-406]


Substances Temporarily Controlled Under Schedule I of the 
Controlled Substances Act

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule; technical amendments.

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SUMMARY: This final rule makes technical and conforming amendments to 
the Drug Enforcement Administration regulations listing substances 
temporarily controlled under schedule I of the Controlled Substances 
Act. This final rule eliminates references to 7 substances that were 
previously subject to temporary control, but which have since been 
permanently controlled under schedule I, and redesignates 23 other 
substances that are currently temporarily controlled under schedule I. 
This action makes no substantive changes to the affected regulation.

DATES: This rule is effective March 20, 2015.

FOR FURTHER INFORMATION CONTACT: Imelda L. Paredes, Office of Diversion 
Control, Drug Enforcement Administration; Mailing Address: 8701 
Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-
6812.

SUPPLEMENTARY INFORMATION: 

Legal Authority

    The DEA implements and enforces titles II and III of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970, as 
amended. Titles II and III are referred to as the ``Controlled 
Substances Act'' and the ``Controlled Substances Import and Export 
Act,'' respectively, and are collectively referred to as the 
``Controlled Substances Act'' or the ``CSA'' for the purpose of this 
action. 21 U.S.C. 801-971. The DEA publishes the implementing 
regulations for these statutes in title 21 of the Code of Federal 
Regulations (CFR), chapter II. The CSA and its implementing regulations 
are designed to prevent, detect, and eliminate the diversion of 
controlled substances and listed chemicals into the illicit market 
while providing for the legitimate medical, scientific, research, and 
industrial needs of the United States. Controlled substances have the 
potential for abuse and dependence and are controlled to protect the 
public health and safety.

[[Page 14843]]

    Under the CSA, each controlled substance is classified into one of 
five schedules based upon its potential for abuse, currently accepted 
medical use, and the degree of dependence the substance may cause. 21 
U.S.C. 812. The initial schedules of controlled substances established 
by Congress are found at 21 U.S.C. 812(c), and the current list of all 
controlled substances is published at 21 CFR part 1308. 21 U.S.C. 
812(a).
    The CSA provides the Attorney General with the authority to 
temporarily control a substance under schedule I for two years without 
regard to the requirements of 21 U.S.C. 811(b) if he/she finds that 
such action is necessary to avoid an imminent hazard to the public 
safety. 21 U.S.C. 811(h). If proceedings to permanently control a 
substance are initiated pursuant to 21 U.S.C. 811(a)(1), the Attorney 
General may extend the temporary control for up to one year. 21 U.S.C. 
811(h)(2). The Attorney General has delegated this authority to the 
Administrator of the DEA. 28 CFR 0.100.

Technical Amendments

    The Synthetic Drug Abuse Prevention Act of 2012 (SDAPA) became 
effective on July 9, 2012.\1\ SDAPA amended the CSA by permanently 
controlling ``cannabimimetic agents'' and 26 other specific substances 
in schedule I. At that time, some of the 26 permanently controlled 
substances were temporarily controlled and listed in 21 CFR 1308.11(g), 
including the following substances: 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-
dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol or 
CP-47,497 C8 homologue); \2\ 4-methyl-N-methylcathinone (mephedrone); 
and 3,4-methylenedioxypyrovalerone (MDPV).\3\
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    \1\ Pub. L. 112-144, title XI, subtitle D, sections 1151-1153.
    \2\ See ``Schedules of Controlled Substances: Temporary 
Placement of Five Synthetic Cannabinoids Into Schedule I of the 
Controlled Substances Act,'' 76 FR 11075, Mar. 1, 2011 and 
``Schedules of Controlled Substances: Extension of Temporary 
Placement of Five Synthetic Cannabinoids Into Schedule I of the 
Controlled Substances Act,'' 77 FR 12201, Feb. 29, 2012.
    \3\ See ``Schedules of Controlled Substances: Temporary 
Placement of Three Synthetic Cathinones Into Schedule I,'' 76 FR 
65371, Oct. 21, 2011.
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    On January 4, 2013, the DEA published a final rule permanently 
placing cannabimimetic agents and all 26 substances specified in SDAPA 
into schedule I (including the 6 substances noted above that were 
previously temporarily controlled).\4\
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    \4\ ``Establishment of Drug Codes for 26 Substances,'' 78 FR 
664, Jan. 4, 2013.
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    The substance 3,4-methylenedioxy-N-methylcathinone (methylone) was 
not permanently controlled through SDAPA. However, DEA temporarily 
controlled methylone on October 21, 2011, pursuant to 21 U.S.C. 811(h), 
and listed it in 21 CFR 1308.11(g)(7).\5\ On January 4, 2013, 
subparagraph (g) of 21 CFR 1308.11 was redesignated as subparagraph 
(h), and methylone was renumbered in section 1308.11(h)(1); it also 
inadvertently remained on the list of temporarily controlled substances 
in section 1308.11(h)(7). The DEA permanently controlled methylone in 
schedule I by a final rule published in the Federal Register on April 
12, 2013.\6\
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    \5\ ``Schedules of Controlled Substances: Temporary Placement of 
Three Synthetic Cathinones Into Schedule I,'' 76 FR 65371, Oct. 21, 
2011.
    \6\ ``Schedules of Controlled Substances: Placement of Methylone 
Into Schedule I,'' 78 FR 21818, Apr. 12, 2013.
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    Because the above noted substances are permanently controlled in 
schedule I, the DEA is making technical and conforming amendments to 
the regulations by removing the above referenced 7 substances (JWH-018; 
JWH-073; JWH-200; CP-47,497 C8 homologue; mephedrone; MDPV; and 
methylone) from the list of temporarily controlled substances and 
redesignating the numerical order of the remaining controlled 
substances that are currently subject to temporary control.

Regulatory Analyses

The Administrative Procedure Act

    An agency may find good cause to exempt a rule from certain 
provisions of the Administrative Procedure Act (APA), including notice 
of proposed rulemaking and the opportunity for public comment, if it is 
determined to be unnecessary, impracticable, or contrary to the public 
interest under 5 U.S.C. 533(b)(3)(B). This rule provides technical and 
conforming amendments to the DEA's regulations and imposes no new or 
substantive requirement on the public or DEA registrants. As such, the 
DEA has determined that notice and opportunity for public comment on 
this rule are unnecessary. In addition, because this is not a 
substantive rule and as the DEA finds good cause under 5 U.S.C. 
553(d)(3) for the above reasons, this final rule shall take effect upon 
the date of publication in the Federal Register.

Executive Orders 12866 and 13563

    The Administrator certifies that this is not a significant 
regulatory action within the meaning of Executive Order 12866 and the 
principles reaffirmed in Executive Order 13563, as it makes only 
technical amendments to the current regulations. Such actions are 
exempt from review by the Office of Management and Budget (OMB).

Executive Order 12988

    This rule meets the applicable standards set forth in Sections 3(a) 
and 3(b)(2) of Executive Order 12988 Civil Justice Reform to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

Executive Order 13132

    This rule does not have federalism implications warranting the 
application of Executive Order 13132. This rule does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or the distribution of power 
and responsibilities among the various levels of government.

Paperwork Reduction Act of 1995

    This rule does not involve a collection of information within the 
meaning of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

Executive Order 13175

    This rule does not have tribal implications warranting the 
application of Executive Order 13175. The rule does 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.

Congressional Review Act

    This rule is not a major rule as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 
(Congressional Review Act (CRA)). This rule will not result in: An 
annual effect on the economy of $100,000,000 or more; a major increase 
in costs or prices for consumers, individual industries, Federal, 
State, or local government agencies, or geographic regions; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets. However, pursuant to

[[Page 14844]]

the CRA, the DEA has submitted a copy of this final rule to both Houses 
of Congress and to the Comptroller General.

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, 
Reporting and recordkeeping requirements.

    For the reasons set out above, 21 CFR part 1308 is amended as 
follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
1. The authority citation for 21 CFR part 1308 continues to read as 
follows:

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


Sec.  1308.11  [Amended]

0
2. Amend Sec.  1308.11 by removing paragraphs (h)(1) through (8) and 
redesignating paragraphs (h)(9) through (31) as paragraphs (h)(1) 
through (23), respectively.

    Dated: March 12, 2015.
Michele M. Leonhart,
Administrator.
[FR Doc. 2015-06460 Filed 3-19-15; 8:45 am]
 BILLING CODE 4410-09-P