Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 47503 

Web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

21. Commenters that are not able to 

file comments electronically must send 

an original and 14 copies of their 

comments to: Federal Energy Regulatory 

Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

22. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VI. Document Availability 

23. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s Home Page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. Eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

24. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. 

25. User assistance is available for 

eLibrary and the FERC’s website during 

normal business hours from FERC 

Online Support at (202) 502–6652 (toll 

free at 1–866–208–3676) or e-mail at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. E-mail the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 35 

Electric power rates, Electric utilities, 

Reporting and recordkeeping 

requirements. 

By direction of the Commission. 

Commissioner Moeller is concurring, in part 

and dissenting, in part with a separate 

statement attached. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

MOELLER, Commissioner, concurring, 

in part and dissenting, in part: 

While I support the decision to 

supplement the record and convene a 

technical conference, for the reasons set 

forth in my concurring and dissenting 

statement on the NOPR that initiated 

this proceeding on March 18, I continue 

to concur and dissent, in part. 

Philip D. Moeller, 

Commissioner. 

[FR Doc. 2010–19376 Filed 8–5–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–247C] 

Schedules of Controlled Substances; 

Placement of 2,5-Dimethoxy-4-(n)- 

propylthiophenethylamine and NBenzylpiperazine Into Schedule I of the 

Controlled Substances Act; Correction 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Notice of proposed rulemaking: 

correction. 

SUMMARY: The Drug Enforcement 

Administration (DEA) is correcting a 

notice of proposed rulemaking that 

appeared in the Federal Register of 

September 8, 2003. The proposed rule 

pertained to the scheduling of NBenzylpiperazine (BZP), and contained 

an error regarding the potency of BZP 

relative to amphetamine. Although DEA 

used the correct figures in arriving at its 

scheduling determination, the agency is 

publishing this correction to provide an 

official statement of the actual figures. 

This correction does not address the 

scheduling of 2,5-dimethoxy-4-(n)- 

propylthiophenethylamine (2C–T–7) 

which was also placed into schedule I 

as a result of the above cited 

rulemaking. 

DATES: This correction is effective 

August 6, 2010 without further action. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Sannerud, PhD, Chief, Drug 

and Chemical Evaluation Section, Office 

of Diversion Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, VA 22152, Telephone (202) 

307–7183. 

SUPPLEMENTARY INFORMATION: 

Background 

DEA is correcting an inadvertent error 

that occurred in a Notice of Proposed 

Rulemaking that scheduled the 

substance n-Benzylpiperazine (BZP) as a 

schedule I controlled substance. The 

Notice of Proposed Rulemaking, 

published on September 8, 2003 (68 FR 

52872), proposed the control of BZP in 

schedule I of the Controlled Substances 

Act (CSA). The Final Rule, published on 

March 18, 2004 (69 FR 12794), finalized 

the placement of BZP in schedule I of 

the CSA. 

Each of these rules contained a 

misstatement in the ‘‘Supplementary 

Information’’ section, with regard to the 

potency differences between BZP and 

amphetamine. In each rule, it was 

erroneously stated that BZP is 10 to 20 

times more potent than amphetamine. 

In actuality, the converse is true (i.e., 

BZP is 10 to 20 times less potent than 

amphetamine.) Therefore this 

Rulemaking corrects this misstatement 

in the Notice of Proposed Rulemaking. 

Under separate rulemaking, DEA is 

publishing a correction to the Final 

Rule, published March 18, 2004 (68 FR 

12794). 

DEA emphasizes that these errors 

were made solely in the rules as 

published in the Federal Register. Both 

DEA and the U.S. Department of Health 

and Human Services (HHS) considered 

the correct BZP potencies during their 

scheduling deliberations. The correct 

potencies were included in both the 

HHS scientific and medical evaluation 

document, and in DEA’s scheduling 

document, which were used to make the 

determination for control. The public 

docket for BZP contains both of these 

review documents. In addition, DEA has 

already published on the agency’s Web 

site the correct figures regarding relative 

potency. 

The determination of control of BZP 

was made after consideration of all the 

available data and all eight factors and 

the criteria for schedule I as specified in 

21 U.S.C. 811 and 812. The 

amphetamine-like property of BZP was 

determined following the collective 

review and consideration of all the 

available evidence including drug 

discrimination and self-administration 

and other information. These studies 

were briefly mentioned in the rules 

controlling BZP as a schedule I 

controlled substance and were 

discussed in detail in the scientific and 

medical evaluation and scheduling 

documents prepared by both HHS and 

DEA. 

Although the potency difference 

between BZP and amphetamine was 

discussed in the rules proposing and 

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47504 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 

finalizing control of BZP as a part of the 

scientific background information, 

comparisons of potency differences are 

only one piece of background scientific 

data used to evaluate the abuse potential 

of drugs or other substances. In 

addition, potency itself is not one of the 

factors determinative of control. In fact, 

there are many examples of substances 

of varying potencies in each schedule, 

including stimulants and opiates 

previously scheduled under the CSA. 

Even though the scheduling of BZP 

was finalized more than six years ago, 

DEA has been advised that in criminal 

proceedings, for sentencing purposes, 

courts have sought to ascertain: (1) The 

controlled substance, for which a 

sentencing guideline equivalency exists, 

that is the most closely analogous to 

BZP (which is d-amphetamine) and (2) 

the relative potency of BZP to that of the 

most analogous controlled substance. As 

indicated above, DEA has already 

published on the agency’s Web site the 

correct figures regarding relative 

potency. This correction is being issued 

to provide such an official statement in 

the Federal Register for ease of 

reference by courts, litigants, and others 

who need the information for 

sentencing purposes. 

This correction does not address the 

scheduling of 2,5-dimethoxy-4-(n)- 

propylthiophenethylamine (2C–T–7) 

which was also placed into schedule I 

as a result of the above cited 

rulemakings. 

Correction 

Accordingly, the publication on 

Monday, September 8, 2003, of the 

Notice of Proposed Rulemaking [Docket 

No. DEA–247P], at 68 FR 52872 [FR 

Doc. 03–22684], is corrected in the 

preamble as follows: 

On page 52873, in the third column, 

paragraph 2 is corrected to read as 

follows: ‘‘Consistent with the abovementioned animal studies, it has been 

shown that BZP is about 20 times less 

potent than amphetamine in producing 

stimulant-like subjective and 

cardiovascular effects in humans (Bye C, 

et al., Eur. J. Clin. Pharmacol. 6: 163– 

169, 1973). Similarly, Campbell and 

colleagues (Eur. J. Clin. Pharmacol. 6: 

170–176, 1973), using a double-blind 

clinical study involving 18 subjects with 

a history of amphetamine dependence, 

reported that the nature and the 

timecourse of behavioral, autonomic 

and subjective effects following BZP 

administration are similar to those of 

amphetamine. BZP was found to be 

about 10 times less potent than 

amphetamine in this study.’’ 

Dated: July 9, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–19345 Filed 8–5–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 68 

[Docket No. DoD–2009–OS–0034] 

RIN 0790–AI50 

Voluntary Education Programs 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense 

(DoD) proposes to implement policy, 

assign responsibilities, and prescribe 

procedures for the operation of 

voluntary education programs within 

DoD. Included are: Procedures for 

Service members participating in 

education programs; guidelines for 

establishing, maintaining, and operating 

voluntary education programs 

including, but not limited to, instructorled courses offered on-installation and 

off-installation, as well as via distance 

learning; procedures for obtaining onbase voluntary education programs and 

services; minimum criteria for selecting 

institutions to deliver higher education 

programs and services on military 

installations; the establishment of a DoD 

Voluntary Education Partnership 

Memorandum of Understanding 

between DoD and educational 

institutions receiving tuition assistance 

payments; and procedures for other 

education programs for Service 

members and their adult family 

members. 

DATES: Comments must be received by 

October 5, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Kerrie Tucker at 703–602–4949, 

extension 117. 

SUPPLEMENTARY INFORMATION: 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

68 is a significant regulatory action. The 

rule has an annual effect on the 

economy of $100 million or more. 

The rule does not: 

(1) Adversely affect in a material way 

the economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Funding for Voluntary Education 

Programs is authorized by law and is 

subject to the availability of funds from 

each Service. Voluntary education 

programs include tuition assistance (per 

section 2007 of title 10, United States 

Code), which is administered uniformly 

across the Services. Each Service pays 

no more than $250.00 per semester-unit 

for tuition and fees combined. Each 

Service member participating in offduty, voluntary education is authorized 

up to $4,500.00, in aggregate, for each 

fiscal year. As per NDAA FY08, each of 

the Services may also provide TA to 

activated Service members of the 

Selected Reserves and Individual Ready 

Reserve. For Fiscal Year 2009 (FY09), 

the Services executed approximately 

$800 million for Off-Duty and Voluntary 

Education Programs. For Fiscal Year 

2010 (FY10), the President’s Budget for 

Off-Duty and Voluntary Education is 

approximately $790 million, with $208 

million programmed for operational 

costs and $582 million programmed for 

tuition assistance costs. 

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