80 FR 14842 - Substances Temporarily Controlled Under Schedule I of the Controlled Substances Act

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range		14842-14844
FR Document		2015-06460

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.

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015)

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


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ ``Establishment of Drug Codes for 26 Substances,'' 78 FR 
664, Jan. 4, 2013.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations 14843

Under the CSA, each controlled schedule I (including the 6 substances Executive Orders 12866 and 13563
substance is classified into one of five noted above that were previously The Administrator certifies that this is
schedules based upon its potential for temporarily controlled).4 not a significant regulatory action
abuse, currently accepted medical use, The substance 3,4-methylenedioxy-N- within the meaning of Executive Order
and the degree of dependence the methylcathinone (methylone) was not 12866 and the principles reaffirmed in
substance may cause. 21 U.S.C. 812. The permanently controlled through Executive Order 13563, as it makes only
initial schedules of controlled SDAPA. However, DEA temporarily technical amendments to the current
substances established by Congress are controlled methylone on October 21, regulations. Such actions are exempt
found at 21 U.S.C. 812(c), and the 2011, pursuant to 21 U.S.C. 811(h), and from review by the Office of
current list of all controlled substances listed it in 21 CFR 1308.11(g)(7).5 On Management and Budget (OMB).
is published at 21 CFR part 1308. 21 January 4, 2013, subparagraph (g) of 21
U.S.C. 812(a). Executive Order 12988
CFR 1308.11 was redesignated as
The CSA provides the Attorney subparagraph (h), and methylone was This rule meets the applicable
General with the authority to renumbered in section 1308.11(h)(1); it standards set forth in Sections 3(a) and
temporarily control a substance under also inadvertently remained on the list 3(b)(2) of Executive Order 12988 Civil
schedule I for two years without regard of temporarily controlled substances in Justice Reform to eliminate drafting
to the requirements of 21 U.S.C. 811(b) section 1308.11(h)(7). The DEA errors and ambiguity, minimize
if he/she finds that such action is permanently controlled methylone in litigation, provide a clear legal standard
necessary to avoid an imminent hazard schedule I by a final rule published in for affected conduct, and promote
to the public safety. 21 U.S.C. 811(h). If the Federal Register on April 12, 2013.6 simplification and burden reduction.
proceedings to permanently control a
substance are initiated pursuant to 21 Because the above noted substances Executive Order 13132
U.S.C. 811(a)(1), the Attorney General are permanently controlled in schedule This rule does not have federalism
may extend the temporary control for up I, the DEA is making technical and implications warranting the application
to one year. 21 U.S.C. 811(h)(2). The conforming amendments to the of Executive Order 13132. This rule
Attorney General has delegated this regulations by removing the above does not have substantial direct effects
authority to the Administrator of the referenced 7 substances (JWH–018; on the States, on the relationship
DEA. 28 CFR 0.100. JWH–073; JWH–200; CP–47,497 C8 between the national government and
homologue; mephedrone; MDPV; and the States, or the distribution of power
Technical Amendments methylone) from the list of temporarily and responsibilities among the various
The Synthetic Drug Abuse Prevention controlled substances and redesignating levels of government.
Act of 2012 (SDAPA) became effective the numerical order of the remaining
controlled substances that are currently Paperwork Reduction Act of 1995
on July 9, 2012.1 SDAPA amended the
CSA by permanently controlling subject to temporary control. This rule does not involve a collection
‘‘cannabimimetic agents’’ and 26 other of information within the meaning of
Regulatory Analyses the Paperwork Reduction Act of 1995,
specific substances in schedule I. At
that time, some of the 26 permanently The Administrative Procedure Act 44 U.S.C. 3501–3521.
controlled substances were temporarily Executive Order 13175
controlled and listed in 21 CFR An agency may find good cause to
1308.11(g), including the following exempt a rule from certain provisions of This rule does not have tribal
substances: 1-pentyl-3-(1- the Administrative Procedure Act implications warranting the application
naphthoyl)indole (JWH–018); 1-butyl-3- (APA), including notice of proposed of Executive Order 13175. The rule does
(1-naphthoyl)indole (JWH–073); 1-[2-(4- rulemaking and the opportunity for not have substantial direct effects on
morpholinyl)ethyl]-3-(1- public comment, if it is determined to one or more Indian tribes, on the
naphthoyl)indole (JWH–200); 5-(1,1- be unnecessary, impracticable, or relationship between the Federal
dimethyloctyl)-2-(3- contrary to the public interest under 5 Government and Indian tribes, or on the
hydroxycyclohexyl)-phenol U.S.C. 533(b)(3)(B). This rule provides distribution of power and
(cannabicyclohexanol or CP–47,497 C8 technical and conforming amendments responsibilities between the Federal
homologue); 2 4-methyl-N- to the DEA’s regulations and imposes no Government and Indian tribes.
methylcathinone (mephedrone); and new or substantive requirement on the Congressional Review Act
3,4-methylenedioxypyrovalerone public or DEA registrants. As such, the
DEA has determined that notice and This rule is not a major rule as
(MDPV).3
opportunity for public comment on this defined by Section 804 of the Small
On January 4, 2013, the DEA
rule are unnecessary. In addition, Business Regulatory Enforcement
published a final rule permanently
because this is not a substantive rule Fairness Act of 1996 (Congressional
placing cannabimimetic agents and all
and as the DEA finds good cause under Review Act (CRA)). This rule will not
26 substances specified in SDAPA into
5 U.S.C. 553(d)(3) for the above reasons, result in: An annual effect on the
1 Pub. L. 112–144, title XI, subtitle D, sections this final rule shall take effect upon the economy of $100,000,000 or more; a
1151–1153. date of publication in the Federal major increase in costs or prices for
2 See ‘‘Schedules of Controlled Substances:
Register. consumers, individual industries,
Temporary Placement of Five Synthetic Federal, State, or local government
Cannabinoids Into Schedule I of the Controlled agencies, or geographic regions; or
mstockstill on DSK4VPTVN1PROD with RULES

4 ‘‘Establishment of Drug Codes for 26
Substances Act,’’ 76 FR 11075, Mar. 1, 2011 and
‘‘Schedules of Controlled Substances: Extension of Substances,’’ 78 FR 664, Jan. 4, 2013. significant adverse effects on
Temporary Placement of Five Synthetic 5 ‘‘Schedules of Controlled Substances: competition, employment, investment,
Cannabinoids Into Schedule I of the Controlled Temporary Placement of Three Synthetic productivity, innovation, or on the
Substances Act,’’ 77 FR 12201, Feb. 29, 2012. Cathinones Into Schedule I,’’ 76 FR 65371, Oct. 21, ability of United States-based
3 See ‘‘Schedules of Controlled Substances: 2011.
Temporary Placement of Three Synthetic 6 ‘‘Schedules of Controlled Substances: Placement companies to compete with foreign-
Cathinones Into Schedule I,’’ 76 FR 65371, Oct. 21, of Methylone Into Schedule I,’’ 78 FR 21818, Apr. based companies in domestic and
2011. 12, 2013. export markets. However, pursuant to

VerDate Sep<11>2014 18:21 Mar 19, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1

Document Created: 2015-12-18 11:34:49
Document Modified: 2015-12-18 11:34:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendments.
Dates		This rule is effective March 20, 2015.
Contact		Imelda L. Paredes, Office of Diversion
FR Citation		80 FR 14842
CFR Associated		Administrative Practice and Procedure; Drug Traffic Control and Reporting and Recordkeeping Requirements

80 FR 14842 - Substances Temporarily Controlled Under Schedule I of the Controlled Substances Act

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 80, Issue 54 (March 20, 2015)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration