[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Proposed Rules]
[Pages 40167-40168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14372]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-623]


Schedules of Controlled Substances: Placement of 4-hydroxy-N,N-
diisopropyltryptamine (4-OH-DiPT), 5-methoxy-alpha-methyltryptamine (5-
MeO-AMT), 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT), 5-
methoxy-N,N-diethyltryptamine (5-MeO-DET), and N,N-
diisopropyltryptamine (DiPT) in Schedule I; Announcement of Hearing

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of hearing on proposed rulemaking.

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SUMMARY: This is notice that the Drug Enforcement Administration will 
hold a hearing with respect to the proposed placement of five 
tryptamine hallucinogens, as identified in the proposed rule, in 
schedule I of the Controlled Substances Act. The control of the five 
tryptamines was initially proposed in a Notice of Proposed Rulemaking 
published in the Federal Register on January 14, 2022.

DATES: Interested persons desiring to participate in this hearing must 
provide written notice of desired participation as set out below, on or 
before August 5, 2022.
    The hearing will commence on August 22, 2022, at 9 a.m. ET at the 
DEA Hearing Facility, 1550 Crystal Drive, Suite 901, Arlington, 
Virginia 22202.

ADDRESSES: To ensure proper handling of notification, please reference 
``Docket No. DEA-623'' on all correspondence. Written notification sent 
via regular or express mail should be sent to Drug Enforcement 
Administration, Attn: Hearing Clerk, Office of the Administrative Law 
Judges, 8701 Morrissette Drive, Springfield, Virginia 22152. Electronic 
notification should be sent to <a href="/cdn-cgi/l/email-protection#eda8aeabc0a9a8acad89888cc38a829b"><span class="__cf_email__" data-cfemail="c98c8a8fe48d8c8889adaca8e7aea6bf">[email protected]</span></a>, with a copy 
simultaneously sent to: <a href="/cdn-cgi/l/email-protection#27636266097542404e54535546534e4849096b4e534e4046534e48496743424609404851"><span class="__cf_email__" data-cfemail="024647432c5067656b71767063766b6d6c2c4e6b766b6563766b6d6c426667632c656d74">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Hearing Clerk, Office of the 
Administrative Law Judges, 8701 Morrissette Drive, Springfield, 
Virginia 22152; Telephone: (571) 362-8188.

SUPPLEMENTARY INFORMATION:

Background

    On January 14, 2022, the Drug Enforcement Administration (DEA) 
published a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register (87 FR 2376) to place five tryptamine substances in schedule I 
of the Controlled Substances Act (CSA) (21 U.S.C. 801, et seq.). 
Specifically, in this NPRM, DEA proposed to schedule the following five 
controlled substances in schedule I of the CSA, including their salts, 
isomers, and salts of isomers whenever the existence of such salts, 
isomers, and salts of isomers is possible within the specific chemical 
designation:
    <bullet> 4-Hydroxy-N,N-diisopropyltryptamine (4-OH-DiPT),
    <bullet> 5-Methoxy-alphamethyltryptamine (5-MeO-AMT),
    <bullet> N-Isopropyl-5-Methoxy-N-Methyltryptamine (5-MeO-MiPT),
    <bullet> N,N-Diethyl-5-methoxytryptamine (5-MeO-DET), and
    <bullet> N,N-Diisopropyltryptamine (DiPT).
    The proposal in the NPRM to place these substances in schedule I 
was based primarily on the scientific and medical evaluations and 
recommendations provided by the Department of Health and Human Services 
(HHS) to DEA. In those submissions to DEA, HHS concluded that these 
five substances meet the criteria for placement in schedule I as they 
all have a high potential for abuse, no currently medical use in 
treatment in the United States, and a lack of accepted safety for use 
under medical supervision. DEA is bound by the recommendations of HHS 
as to scientific and medical matters.
    The NPRM invited interested persons to submit comments, objections, 
and requests for a hearing on or before February 14, 2022, and received 
589 comments and multiple requests for a hearing. In requesting a 
hearing, the requestors stated that their intention is to present 
factual information and expert opinion concerning the significance and 
reliability of the medical, scientific, and other bases that DEA 
provided in support of the proposed scheduling of the five tryptamine 
substances.

Hearing Notification

    In response to these requests, pursuant to 21 U.S.C. 811(a), 21 CFR 
1308.44, and 21 CFR 1316.47, DEA is convening a hearing on the NPRM. 
Accordingly, notice is hereby given that a hearing in connection with 
this proposed scheduling action will commence on August 22, 2022, at 9 
a.m. ET at the DEA Hearing Facility, 1550 Crystal Drive, Suite 901, 
Arlington, Virginia 22202. The hearing will be conducted pursuant to 
the provisions of 5 U.S.C. 556 and 557, and 21 CFR 1308.41-1308.45, and 
1316.41-1316.68.
    Every interested person (defined by 21 CFR 1300.01(b) as ``any 
person adversely affected or aggrieved by any rule or proposed rule 
issuable'' under 21 U.S.C. 811) who wishes to participate in the 
hearing shall file either by mail or email a written notice of 
intention to participate. If filing via mail, the written notice must 
be filed with the Hearing Clerk, Office of the Administrative Law 
Judges, Drug Enforcement Administration, 8701 Morrissette Drive, 
Springfield, VA 22152, and must be received on or before August 5, 
2022. If filing electronically, the written notice must be filed with 
the Office of the Administrative Law Judges at <a href="/cdn-cgi/l/email-protection#337670751e777672735756521d545c45"><span class="__cf_email__" data-cfemail="165355503b5253575672737738717960">[email protected]</span></a>, with a 
copy simultaneously sent to DEA counsel at 
<a href="/cdn-cgi/l/email-protection#aaeeefeb84f8cfcdc3d9ded8cbdec3c5c484e6c3dec3cdcbdec3c5c4eacecfcb84cdc5dc"><span class="__cf_email__" data-cfemail="27636266097542404e54535546534e4849096b4e534e4046534e48496743424609404851">[email protected]</span></a>, on or before 11:59 p.m. Eastern 
Time on

[[Page 40168]]

August 5, 2022. Further, each notice of intention to participate must 
be in the form prescribed in 21 CFR 1316.48. No person who has 
previously filed a request for hearing need now file a notice of 
intention to participate.

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
June 30, 2022, by Administrator Anne Milgram. That document with the 
original signature and date is maintained by DEA. For administrative 
purposes only, and in compliance with requirements of the Office of the 
Federal Register, the undersigned DEA Federal Register Liaison Officer 
has been authorized to sign and submit the document in electronic 
format for publication, as an official document of DEA. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2022-14372 Filed 7-5-22; 8:45 am]
BILLING CODE 4410-09-P


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