80_FR_48198 80 FR 48044 - Schedules of Controlled Substances: Placement of Eluxadoline Into Schedule IV

80 FR 48044 - Schedules of Controlled Substances: Placement of Eluxadoline Into Schedule IV

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 80, Issue 154 (August 11, 2015)

Page Range48044-48051
FR Document2015-19655

The Drug Enforcement Administration proposes to place the substance eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6- dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2- yl)ethyl]amino]methyl]-2-methoxybenzoic acid), including its salts, isomers, and salts of isomers, into schedule IV of the Controlled Substances Act (CSA). This proposed scheduling action is pursuant to the CSA which requires that such actions be made on the record after opportunity for a hearing through formal rulemaking. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule IV controlled substances on persons who handle (manufacture, distribute, dispense, import, export, engage in research, conduct instructional activities, or possess), or propose to handle eluxadoline.

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)
[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Proposed Rules]
[Pages 48044-48051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19655]



[[Page 48044]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-419N]


Schedules of Controlled Substances: Placement of Eluxadoline Into 
Schedule IV

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Drug Enforcement Administration proposes to place the 
substance eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-
dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-
yl)ethyl]amino]methyl]-2-methoxybenzoic acid), including its salts, 
isomers, and salts of isomers, into schedule IV of the Controlled 
Substances Act (CSA). This proposed scheduling action is pursuant to 
the CSA which requires that such actions be made on the record after 
opportunity for a hearing through formal rulemaking. If finalized, this 
action would impose the regulatory controls and administrative, civil, 
and criminal sanctions applicable to schedule IV controlled substances 
on persons who handle (manufacture, distribute, dispense, import, 
export, engage in research, conduct instructional activities, or 
possess), or propose to handle eluxadoline.

DATES: Interested persons may file written comments on this proposal in 
accordance with 21 CFR 1308.43(g). Electronic comments must be 
submitted, and written comments must be postmarked, on or before 
September 10, 2015. Commenters should be aware that the electronic 
Federal Docket Management System will not accept comments after 11:59 
p.m. Eastern Time on the last day of the comment period.
    Interested persons, defined at 21 CFR 1300.01 as those ``adversely 
affected or aggrieved by any rule or proposed rule issuable pursuant to 
section 201 of the Act (21 U.S.C. 811),'' may file a request for 
hearing, notice of appearance, or waiver of hearing pursuant to 21 CFR 
1308.44 and in accordance with 21 CFR 1316.45, 1316.47, 1316.48, or 
1316.49, as applicable. Requests for hearing, notices of appearance, 
and waivers of an opportunity for a hearing or to participate in a 
hearing must be received on or before September 10, 2015.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-419N'' on all correspondence, including any 
attachments.
     Electronic comments: The Drug Enforcement Administration 
encourages that all comments be submitted electronically through the 
Federal eRulemaking Portal, which provides the ability to type short 
comments directly into the comment field on the Web page or to attach a 
file for lengthier comments. Please go to http://www.regulations.gov 
and follow the online instructions at that site for submitting 
comments. Upon completion of your submission you will receive a Comment 
Tracking Number for your comment. Please be aware that submitted 
comments are not instantaneously available for public view on 
Regulations.gov. If you have received a Comment Tracking Number, your 
comment has been successfully submitted and there is no need to 
resubmit the same comment.
     Paper comments: Paper comments that duplicate the 
electronic submission are not necessary and are discouraged. Should you 
wish to mail a paper comment in lieu of an electronic comment, it 
should be sent via regular or express mail to: Drug Enforcement 
Administration, Attn: DEA Federal Register Representative/ODL, 8701 
Morrissette Drive, Springfield, Virginia 22152.
     Hearing requests: All requests for hearing and waivers of 
participation must be sent to: Drug Enforcement Administration, Attn: 
Federal Register Representative/ODL, 8701 Morrissette Drive, 
Springfield, Virginia 22152. All requests for hearing and waivers of 
participation should also be sent to: Drug Enforcement Administration, 
Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 
22152.

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

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments

    Please note that all comments received in response to this docket 
are considered part of the public record. They will, unless reasonable 
cause is given, be made available by the Drug Enforcement 
Administration (DEA) for public inspection online at http://www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter. The Freedom of Information Act (FOIA) applies to all 
comments received. 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 made publicly available, you must include the 
phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of 
your comment. You must also place the personal identifying information 
you do not want made publicly available 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 made publicly available, 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.
    Comments containing personal identifying information and 
confidential business information identified as directed above will 
generally be made publicly available in redacted form. If a comment has 
so much confidential business information or personal identifying 
information that it cannot be effectively redacted, all or part of that 
comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information 
(such as name, address, and phone number) included in the text of your 
electronic submission that is not identified as directed above as 
confidential.
    An electronic copy of this document and supplemental information to 
this proposed rule are available at http://www.regulations.gov for easy 
reference.

Request for Hearing, Notice of Appearance at Hearing, Waiver of an 
Opportunity for a Hearing or To Participate in a Hearing

    Pursuant to 21 U.S.C. 811(a), this action is a formal rulemaking 
``on the record after opportunity for a hearing.'' Such proceedings are 
conducted pursuant to the provisions of the Administrative Procedure 
Act (APA), 5 U.S.C. 551-559. 21 CFR 1308.41-1308.45; 21 CFR part 1316, 
subpart D. In accordance with 21 CFR 1308.44(a)-(c), requests for 
hearing, notices of appearance, and waivers of an opportunity for a 
hearing or to participate in a hearing may be submitted only by 
interested persons, defined as those ``adversely affected or aggrieved 
by any rule or proposed rule issuable pursuant to section 201 of the 
Act (21 U.S.C. 811).'' 21 CFR 1300.01. Such requests or notices must 
conform to the requirements of 21 CFR 1308.44(a) or (b), and 1316.47 or 
1316.48, as applicable, and include a

[[Page 48045]]

statement of interest of the person in the proceeding and the 
objections or issues, if any, concerning which the person desires to be 
heard. Any waiver must conform to the requirements of 21 CFR 1308.44(c) 
and 1316.49, including a written statement regarding the interested 
person's position on the matters of fact and law involved in any 
hearing.
    Please note that pursuant to 21 U.S.C. 811(a), the purpose and 
subject matter of a hearing is restricted to: ``find[ing] that such 
drug or other substance has a potential for abuse, and * * * mak[ing] 
with respect to such drug or other substance the findings prescribed by 
subsection (b) of section 812 of this title for the schedule in which 
such drug is to be placed * * *.'' All requests for hearing and waivers 
of participation must be sent to the DEA using the address information 
provided above.

Legal Authority

    The DEA implements and enforces titles II and III of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970, as 
amended. 21 U.S.C. 801-971. 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. 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 ensuring an adequate supply is 
available 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.
    Under the CSA, each controlled substance is classified into one of 
five schedules based upon its potential for abuse, its currently 
accepted medical use in treatment in the United States, 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 scheduled substances is 
published at 21 CFR part 1308.
    Pursuant to 21 U.S.C. 811(a)(1), the Attorney General may, by rule, 
``add to such a schedule or transfer between such schedules any drug or 
other substance if he * * * finds that such drug or other substance has 
a potential for abuse, and * * * makes with respect to such drug or 
other substance the findings prescribed by subsection (b) of section 
812 of this title for the schedule in which such drug is to be placed * 
* *.'' The Attorney General has delegated scheduling authority under 21 
U.S.C. 811 to the Administrator of the DEA. 28 CFR 0.100.
    The CSA provides that scheduling of any drug or other substance may 
be initiated by the Attorney General (1) on her own motion; (2) at the 
request of the Secretary of Health and Human Services (HHS); or (3) on 
the petition of any interested party. 21 U.S.C. 811(a). If finalized, 
this action would impose the regulatory controls and administrative, 
civil, and criminal sanctions of schedule IV controlled substances for 
any person who handles eluxadoline.

Background

    Eluxadoline is a new molecular entity with central nervous system 
opioid properties. It has not been marketed in any country. Eluxadoline 
has mixed mu opioid receptor (MOR) and kappa opioid receptor (KOR) 
agonist and delta opioid receptor (DOR) antagonist properties. 
Recently, the Food and Drug Administration (FDA) approved eluxadoline 
as a prescription drug for the treatment of irritable bowel syndrome 
with diarrhea (IBS-d). Eluxadoline will be marketed as 75 and 100 
milligrams (mg) oral tablets under the trade name of Viberzi.

Proposed Determination To Schedule Eluxadoline

    Pursuant to 21 U.S.C. 811(a)(1), proceedings to add a drug or 
substance to those controlled under the CSA may be initiated by request 
of the Secretary of the HHS.\1\ The HHS provided the DEA with a 
scientific and medical evaluation document (dated May 5, 2015) prepared 
by the FDA entitled ``Basis for the Recommendation to Place Eluxadoline 
and Its Salts into schedule IV of the Controlled Substances Act'' and a 
scheduling recommendation. Pursuant to 21 U.S.C. 811(b), this document 
contained an eight-factor analysis of the abuse potential of 
eluxadoline as a new drug, along with the HHS' recommendation to 
control eluxadoline under schedule IV of the CSA.
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    \1\ As set forth in a memorandum of understanding entered into 
by the HHS, the Food and Drug Administration (FDA), and the National 
Institute on Drug Abuse (NIDA), the FDA acts as the lead agency 
within the HHS in carrying out the Secretary's scheduling 
responsibilities under the CSA, with the concurrence of the NIDA. 50 
FR 9518, Mar. 8, 1985. In addition, because the Secretary of the HHS 
has delegated to the Assistant Secretary for Health of the HHS the 
authority to make domestic drug scheduling recommendations, for 
purposes of this document, all subsequent references to 
``Secretary'' have been replaced with ``Assistant Secretary.''
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    In response, the DEA reviewed the scientific and medical evaluation 
and scheduling recommendation provided by the HHS, and all other 
relevant data, and completed its own eight-factor review document 
pursuant to 21 U.S.C. 811(c). Included below is a brief summary of each 
factor as analyzed by the HHS and the DEA, and as considered by the DEA 
in its proposed scheduling decision. Please note that both the DEA and 
the HHS analyses are available in their entirety under ``Supporting and 
Related Material'' in the public docket for this proposed rule at 
http://www.regulations.gov, under Docket Number ``DEA-419N''. Full 
analysis of, and citations to, the information referenced in the 
summary may also be found in the supporting and related material.
    1. The Drug's Actual or Relative Potential for Abuse: Eluxadoline 
is a new chemical entity that has not been marketed in the U.S. or in 
any other country. As such, there is no information available which 
details actual abuse of eluxadoline. However, the legislative history 
of the CSA suggests that the DEA consider the following criteria in 
determining whether a particular drug or substance has a potential for 
abuse: \2\
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    \2\ Comprehensive Drug Abuse Prevention and Control Act of 1970, 
H.R. Rep. No. 91-1444, 91st Cong., Sess. 1 (1970); 1970 U.S.C.C.A.N. 
4566, 4601.

    (1) There is evidence that individuals are taking the drug or 
drugs containing such a substance in amounts sufficient to create a 
hazard to their health or to the safety of other individuals or to 
the community;
    (2) There is significant diversion of the drug or substance from 
legitimate drug channels;
    (3) Individuals are taking the substance on their own initiative 
rather than on the basis of medical advice from a practitioner 
licensed by law to administer such drugs in the course of his 
professional practice; or
    (4) The drug or drugs containing such a substance are new drugs 
so related in their action to a drug or drugs already listed as 
having a potential for abuse to make it likely that they will have 
the same potentiality for abuse as such substance, thus making it 
reasonable to assume that there may be significant diversions from 
legitimate channels, significant use contrary to or without medical 
advice, or that it has a substantial capability of creating hazards 
to the health of the user or to the safety of the community.

    Both the HHS and the DEA note that three of the above mentioned 
four criteria (1, 2, and 3) do not apply to eluxadoline for the 
following reasons. Eluxadoline is a new molecular entity

[[Page 48046]]

and has not been marketed in any country. Accordingly, it has not been 
diverted from legitimate sources, and individuals have not taken this 
substance in amounts sufficient to create a hazard to public health or 
safety. Therefore, criterion 4 is the only one that applies to 
eluxadoline.
    Eluxadoline acts as a high affinity agonist at MORs and KORs and as 
an antagonist at DORs. Eluxadoline produced opioid agonistic effects 
such as centrally mediated analgesia, sedation, motor impairment, 
respiratory depression, and death in some animals. Eluxadoline 
generalized to morphine in a drug discrimination study in monkeys 
suggesting its MOR agonist properties. Monkeys self-administered 
eluxadoline indicating its rewarding properties.
    Receptor binding and functional profile studies demonstrate that 
eluxadoline has KOR agonistic activity. Pentazocine (schedule IV opioid 
analgesic) and butorphanol (schedule IV opioid analgesic) are the two 
currently marketed opioid drugs with KOR agonist activity. Pentazocine 
and butorphanol were initially approved for market as non-controlled 
drugs. However, subsequent reports of their actual abuse supported 
control as schedule IV drugs under the CSA. Clinical studies indicated 
that pentazocine and butorphanol have been shown to cause greater 
dysphoria and to be less abusable than the schedule II opioids.
    In human abuse potential studies, eluxadoline produced both 
positive and negative responses. The maximal effects of eluxadoline on 
Drug Liking are greater than that of placebo, but less than that of 
oxycodone (schedule II). Eluxadoline produced small statistically 
significant increases in several positive subjective responses such as 
visual analog scale (VAS) scores for Take Drug Again, Subjective Drug 
Value, Good Drug Effects, High, and the Addiction Research Center 
Inventory-Morphine Benzedrine Group (ARCI-MBG, Euphoria). The positive 
subjective responses to eluxadoline were most often statistically 
significantly less than those produced by oxycodone. Eluxadoline 
produced a high rate of euphoria in human abuse potential studies. 
However, these euphoric effects of eluxadoline are less than that of 
oxycodone.
    Eluxadoline at all doses elicited a small but significant increase 
in the VAS score for Drug Disliking. Eluxadoline also produced a 
statistically significant increase in VAS Bad Drug Effects, ARCI 
Lysergic Acid Diethylamide (ARCI-LSD, Dysphoria), but did not cause a 
significant increase in Drowsiness and Sedation. These results are also 
similar to those produced by pentazocine in a published study which 
reported a statistically significant increase in the VAS score for Bad 
Drug Effects and the score for ARCI-LSD (Dysphoria). Eluxadoline 
produced dysphoric effects consistent with kappa agonist activity 
related effects produced by pentazocine and butorphanol.
    In summary, eluxadoline appears to be so related in its action to 
substances already listed as having potential for abuse, and which have 
been controlled in schedule IV of the CSA, to make it likely that 
eluxadoline will have the same potential for abuse as those substances.
    2. Scientific Evidence of Its Pharmacological Effects, If Known: 
The HHS, in its scientific and medical evaluation document, reviewed 
data from pre-clinical and clinical studies on eluxadoline. The HHS' 
findings are summarized below.
Pre-Clinical In Vitro Pharmacological Studies
    Eluxadoline has high affinity at the MOR, KOR, and DOR. Eluxadoline 
lacked significant affinity for other binding sites including those 
associated with abuse potential. Similar to butorphanol (schedule IV), 
eluxadoline acted as an agonist at both MOR and KOR, but acted as an 
antagonist at DOR. Pentazocine (schedule IV) also has agonist activity 
at KOR.
Pre-Clinical In Vivo Studies
    In the Irwin test (a test of general behavioral responses), there 
were no noticeable behavioral changes produced by eluxadoline at three 
subcutaneous doses of 500, 1000, or 2000 mg/kg in mice. Similarly, 
there were no changes in motor activity, reflexes, excitation, body 
tone, righting reflex, and rotorod tests or in body temperature in rats 
following oral administration of eluxadoline (30 or 300 mg/kg). 
However, intravenous administration of eluxadoline HCl (5, 10 and 20 
mg/kg/day) in rats for 14 days followed by a 14-day recovery period 
produced classic opioid-related behaviors including general arousal, 
handling reactivity, stereotypy, tail pinch response, touch response, 
changes in posture, gait, mobility, righting reflex, respiration, and 
hindlimb splay. In a toxicity study in Cynomolgus monkeys, animals 
treated with eluxadoline (50, 100, and 200 mg/kg/day) or vehicle via 
oral gavage for nine months, followed by a four-week recovery period 
(for the vehicle and 200 mg/kg groups), exhibited no changes in 
behavior during the 39-week treatment period. In a dose-finding study, 
daily intravenous administration of 20 mg/kg eluxadoline for seven days 
produced opioid-associated behaviors (decreased respiration and periods 
of unconsciousness). These effects were severely pronounced following 
40 mg/kg dose. All animals in the highest dose group (40 mg/kg reduced 
to 30 mg/kg on the second day of the dosing after one animal died) 
exhibited opioid overdose symptoms such as decreased activity, 
unresponsiveness, decreased body temperature and respiration rates. 
Opioid antagonist naloxone (0.1 mg/kg) was administered either 
subcutaneously or intravenously to more or less severely affected 
animals, respectively. Upon reducing the eluxadoline dose from 40 mg/kg 
to 30 mg/kg, all animals continued to respond with opioid overdose 
symptoms.
    In a hot-plate test for studying anti-nociceptive effects in mice, 
oral administration of eluxadoline up to doses of 1000 mg/kg showed no 
significant analgesic responses. However, subcutaneous administration 
of both 10 and 50 mg/kg eluxadoline caused significant increases in hot 
plate latencies and produced concurrent opioid-associated behaviors 
such as Straub tail and increased limb tone.
    As mentioned in the HHS scientific and medical evaluation and 
scheduling recommendation, drug discrimination tests in animals serve 
as an important experimental method for predicting whether the effects 
of a given test drug will be similar to that of a standard training 
drug used in the study. In drug discrimination studies conducted in 
Rhesus monkeys trained to discriminate between subcutaneously 
administered morphine (1 mg/kg) and vehicle using shock stimulus 
termination procedure, intravenous administration of 17.8 mg/kg dose of 
eluxadoline HCl produced full generalization to morphine (1 mg/kg) in 
the only monkey tested. When this same monkey was tested at 10 mg/kg, 
there was no generalization. However, the 10 mg/kg dose of eluxadoline 
produced full generalization in a different monkey. The lowest doses of 
eluxadoline at 1.0 (n = 1) and 3.2 mg/kg (n = 2) produced no 
generalization (<20%) to morphine. Eluxadoline, as a mu and kappa 
opioid agonist, produces an interoceptive cue similar to that of mu 
opioid agonist, morphine (schedule II). These data are similar to those 
from several published human studies in which butorphanol (schedule IV, 
mu and kappa opioid agonist), pentazocine (schedule IV, kappa opioid 
agonist) and tramadol (schedule IV, mu opioid agonist

[[Page 48047]]

prodrug) generalized to hydromorphone (schedule II, mu opioid agonist). 
Thus, these drug discrimination data demonstrate that mu opioid 
agonists will be recognized by animals and humans as having similar 
pharmacological properties to each other.
    Drug self-administration tests in animals are used to evaluate the 
rewarding effects of drugs. There is a good correlation between those 
drugs that are self-administered by animals and those that are abused 
by humans. The data from self-administration studies provide a measure 
for abuse potential. In a self-administration study with monkeys (n = 
5) trained to self-administer heroin (0.032 mg/kg/infusion in two 
monkeys or 0.01 mg/kg/infusion in three monkeys), the 0.32 and 1.0 mg/
kg/infusion doses of eluxadoline HCl did not produce self-
administration in one monkey trained to self-administer the higher 
0.032 mg/kg/infusion dose of heroin, or in three other monkeys trained 
to self-administer the lower 0.001 mg/kg/infusion dose of heroin. When 
the highest dose of eluxadoline HCI (3.2 mg/kg/infusion) was tested 
first in the two monkeys trained at the 0.032 mg/kg/infusion dose of 
heroin, the self-administration rate of eluxadoline HCl (10-19 
infusions/session) was less than that of heroin, but more than that of 
saline (2-4 infusions/session). The self-administration of eluxadoline 
in animals seems similar to that of the mu and kappa opioid agonist, 
butorphanol (schedule IV), a kappa opioid agonist, pentazocine 
(schedule IV) and another mu opioid agonist prodrug, tramadol (schedule 
IV).
Human Behavioral Studies
    In a clinical study, the abuse potential, safety, tolerability, and 
pharmacokinetics of orally administered eluxadoline (100, 300 and 1000 
mg) were compared with positive control drug, oxycodone (30 and 60 mg) 
in healthy non-dependent recreational opioid users. Of the subjects who 
received any study treatment, a total of 33 subjects completed the 
study. On the primary subjective measure of VAS Drug Liking, 
eluxadoline at the two supratherapeutic doses (300 and 1000 mg) 
produced statistically significant higher maximum (Emax) scores on Drug 
Liking compared to placebo. When compared to that of either dose of 
oxycodone on Drug Liking, all three tested doses of eluxadoline (100, 
300 and 1000 mg) showed statistically significant lower Emax scores. 
Eighteen of the 36 subjects who received eluxadoline showed a 
statistically significant positive response on Drug Liking with at 
least one of the eluxadoline doses tested. Data from the secondary 
subjective measures showed that oxycodone (30 and 60 mg) statistically 
significantly increased scores on other positive subjective responses 
such as the VAS for Overall Drug Liking, Take Drug Again, Subjective 
Drug Value, Good Drug Effects, High, and ARCI-MBG (Euphoria). At 
supratherapeutic oral doses (300 and/or 1000 mg), eluxadoline elicited 
statistically significant increases as compared to the placebo in 
positive subjective responses such as VAS for Take Drug Again, 
Subjective Drug Value, Good Drug Effects, High, and ARCI-MBG 
(Euphoria). The positive subjective responses to eluxadoline were most 
often statistically significantly less than those produced by either 
dose of oxycodone (30 and 60 mg). The HHS states that these results are 
similar to those produced by a kappa opioid agonist, pentazocine 
(schedule IV). Eluxadoline at all doses elicited a small but 
significant increase in the VAS score for Drug Disliking, but it 
happened one to two hours before the peak Drug Liking response. 
Furthermore, there were no statistically significant differences in 
Drug Disliking between eluxadoline and oxycodone (60 mg). Eluxadoline 
also produced a statistically significant increase in VAS Bad Drug 
Effects, and ARCI-LSD (Dysphoria), but did not cause a significant 
increase in Drowsiness and Sedation. These results are also similar to 
those produced by pentazocine in a published study which reported a 
statistically significant increase in the VAS score for Bad Drug 
Effects and the score for ARCI-LSD (Dysphoria).
    Oral administration of eluxadoline produced an increase in several 
classical opioid-like adverse events (AEs) associated with mu opioid 
agonists. Eluxadoline (ranging from 14-28%) produced euphoria in a 
dose-dependent manner and it was greater than that after placebo (5%) 
but less than that of oxycodone (ranging from 73-76%). Eluxadoline 
induced centrally-mediated responses such as somnolence (ranging from 
19-42%), and it overlaps with the rate reported for oxycodone (38-41%) 
and placebo (19%). Peripheral opioid-associated AEs such as dry mouth 
were also mentioned (11-19% for eluxadoline and 11-13% for oxycodone). 
Pruritus was also reported with a range of 8-11% for eluxadoline and 
54-70% for oxycodone. The above AEs support that eluxadoline produced 
typical opioid-like effects, although these are less frequent than 
reported for oxycodone.
    Another clinical study evaluated the abuse potential and safety of 
intranasal administration of crushed eluxadoline (100 and 200 mg) in 
comparison to crushed oxycodone HCl (crushed, 15 and 30 mg) in 31 
healthy adult, non-dependent recreational opioid users. On the primary 
subjective measure of Drug Liking VAS, eluxadoline (100 and 200 mg) 
failed to produce Emax scores on Drug Liking that were statistically 
different from that of placebo while oxycodone at both tested doses (15 
and 30 mg) produced statistically significant higher maximum (Emax) 
scores compared to placebo. Results for the secondary subjective 
measures show oxycodone (15 and 30 mg) significantly increased scores 
on positive subjective responses including the VAS for Overall Drug 
Liking, Take Drug Again, Subjective Drug Value, Good Drug Effects, 
High, and ARCI-MBG (Euphoria). Eluxadoline (100 and 200 mg) produced 
significant increases compared to placebo in these positive subjective 
responses. The positive subjective responses to eluxadoline were most 
often significantly less than those produced by either dose of 
oxycodone. Intranasal eluxadoline produced a small but statistically 
significant increase in the VAS for Drug Disliking while oxycodone did 
not. Eluxadoline also produced a significant increase in VAS Bad Drug 
Effects, ARCI-LSD (Dysphoria), Drowsiness, and Sedation. Oxycodone at 
both doses increased each of these negative subjective measurements, to 
a degree significantly greater than that of placebo but similar to the 
high dose of eluxadoline. Subjects identified eluxadoline as an opioid 
to a degree that was less than that of oxycodone. Intranasal 
administration of eluxadoline caused adverse events such as euphoria 
after the 100 mg (22%) and the 200 mg doses (19%). Rate of euphoria 
following eluxadoline was less than that of oxycodone at 15 mg (44%) 
and 30 mg (67%), and greater than placebo (0%). All incidences of 
euphoria produced by eluxadoline were mild in intensity.
    The clinical efficacy studies conducted with oral eluxadoline (75 
and 100 mg/BID) reported abuse-related AEs. The AE of euphoric mood was 
reported by only two IBS-d patients in the pooled Phase 2 and 3 safety 
trials (0.2% of population). The dose of eluxadoline for both these 
subjects was 100 mg BID. Similarly, the AE of ``feeling drunk'' was 
reported by only two subjects (0.1% of subjects in the 75 mg group and 
0.1% of subjects in the 100 mg group). Other than euphoria, anxiety 
(1.7%) and somnolence (0.7%)

[[Page 48048]]

were the most commonly reported abuse-related AEs. There were a few 
other central nervous system-associated AEs observed in clinical 
trials. These included headache (4.0-4.5%), dizziness (2.2-3.2%), and 
fatigue (1.9-2.6%). Thus there was a very low incidence of euphoria-
related AEs in these clinical studies. It is not uncommon for patients 
participating in clinical studies to exhibit a low rate of euphoria-
related AEs compared to participants in Phase I human abuse potential 
studies. This difference may be due to the underlying disease state of 
the patient population in clinical studies versus the healthy subject 
population in human abuse potential studies.
    3. The State of Current Scientific Knowledge Regarding Eluxadoline: 
The chemical name of eluxadoline is 5-[[[(2S)-2-amino-3-[4-
aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-
imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid. The molecular 
formula of eluxadoline is 
C32H35N5O5 and its 
molecular weight is 569.65. Eluxadoline has two asymmetric carbons, and 
there are at least four different optical isomers. Because eluxadoline 
contains a primary amine and a carboxylic acid in its structure, the pH 
of the solution will determine whether the primary amine will be 
protonated (positively charged) and the carboxylic acid will be 
deprotonated (negatively charged). The synthesis of eluxadoline 
requires a high level of expertise and knowledge in organic chemistry. 
The tablets could be cracked and easily crushed by users with a tablet 
crusher or a mortar and pestle. However, the unique physicochemical 
properties of eluxadoline may present a challenge to isolate 
eluxadoline for purposes of abuse.
    The half-life of eluxadoline is approximately five hours, with high 
inter-subject variability. Eluxadoline has a low oral bioavailability 
due to poor GI permeability and moderate hepatic first-pass extraction 
involving OATP1B1-mediated hepatic uptake of eluxadoline. Co-
administration with food lowered systemic exposures. Biliary excretion 
accounted for over 80% of overall elimination, while there is a minimal 
elimination by renal excretion.
    4. History and Current Pattern of Abuse: Because eluxadoline is a 
new molecular entity and has not been marketed in any country, 
information as to the history and current pattern of its abuse is not 
available. Data from pre-clinical and clinical studies indicated that 
eluxadoline shares pharmacological similarities with schedule IV drugs 
such as pentazocine and butorphanol and has similar abuse potential 
(see factors 1 and 2). Pentazocine and butorphanol were initially 
approved for market as non-controlled drugs. However, subsequent 
reports of actual abuse of pentazocine and butorphanol supported 
control as schedule IV drugs under the CSA. It is likely that 
eluxadoline, upon approval for marketing, will be abused for its 
rewarding effects.
    Eluxadoline generalized to the stimulus effects of morphine 
(schedule II) in animal drug discrimination studies. These 
discriminative stimulus effects are similar to that for butorphanol, a 
schedule IV mu and kappa opioid receptor agonist and for pentazocine, a 
schedule IV kappa opioid receptor agonist. In two human abuse potential 
studies, eluxadoline produced both positive and negative subjective 
responses. The maximal effects of eluxadoline on Drug Liking are 
greater than that of placebo, but less than that of oxycodone (schedule 
II). Eluxadoline at all doses elicited a small but significant increase 
in the VAS score for Drug Disliking. The negative subjective responses 
of eluxadoline may be reflective of its kappa opioid receptor agonist 
properties and these are similar to those of schedule IV opioids, 
butorphanol and pentazocine. These dysphoric effects may indicate a 
lower abuse potential of a substance. In human abuse potential studies 
oral or intranasal administration of eluxadoline produced euphoria with 
a degree less than that of oxycodone.
    As of May 20, 2015, no reports for eluxadoline were identified in 
either the National Forensic Laboratory Information System (NFLIS),\3\ 
or System to Retrieve Information on Drug Evidence (STRIDE).\4\
---------------------------------------------------------------------------

    \3\ NFLIS is a program of the DEA that collects drug 
identification results from drug cases analyzed by other Federal, 
State, and local forensic laboratories.
    \4\ STRIDE collected the results of drug evidence analyzed at 
DEA laboratories and reflects evidence submitted by the DEA, other 
Federal law enforcement agencies, and some local law enforcement 
agencies. On October 1, 2014, STARLiMS replaced STRIDE as the DEA 
laboratory drug evidence data system of record.
---------------------------------------------------------------------------

    5. The Scope, Duration, and Significance of Abuse: Because 
eluxadoline is a new molecular entity and has not been marketed in any 
country, information as to the scope, duration and significance of its 
abuse is not available. Both pre-clinical and clinical studies indicate 
that eluxadoline shares pharmacological similarities with schedule IV 
drugs such as butorphanol and pentazocine and has similar abuse 
potential. Pentazocine and butorphanol were initially marketed as 
uncontrolled drugs. However subsequent reports of abuse of butorphanol 
and pentazocine led to their control as schedule IV drugs under the 
CSA. Thus, if eluxadoline were to be marketed as a non-controlled drug, 
it is likely to be abused for its rewarding properties. If 
uncontrolled, it is also likely that individuals seeking opioids will 
abuse eluxadoline as a substitute for other opioids that are controlled 
under the CSA.
    In human abuse potential studies, eluxadoline produced both 
positive and negative subjective responses. The maximal effects of 
eluxadoline on Drug Liking are greater than that of placebo, but less 
than that of oxycodone (schedule II). Eluxadoline at all doses elicited 
a small but significant increase in the VAS score for Drug Disliking. 
The negative subjective responses of eluxadoline may be reflective of 
its kappa opioid receptor agonist properties and these are similar to 
those of schedule IV opioids, butorphanol and pentazocine. These 
dysphoric effects may indicate a lower abuse potential of eluxadoline.
    6. What, If Any, Risk There Is To the Public Health: Data from pre-
clinical and clinical studies indicate that eluxadoline has abuse 
potential similar to schedule IV opioids such as butorphanol and 
pentazocine. Abuse potential of a drug is considered a risk to the 
public health. Available information suggests that if eluxadoline were 
to be marketed as a non-controlled drug, it would be abused for its 
rewarding properties. The major concern regarding eluxadoline's risk to 
public health is based on animal studies in monkeys treated with 
eluxadoline, where the animals exhibited opioid overdose symptoms such 
as decreased activity, unresponsiveness, decreased body temperature, 
and decreased respiration rates. Severe sedation and slumping were also 
observed in monkeys following self-administration with eluxadoline. 
Furthermore, opioid-like effects of eluxadoline may not be reversible 
unless adequate or repeated administration of opioid antagonists such 
as naloxone or naltrexone is performed.
    7. Its Psychic or Physiological Dependence Liability: Several pre-
clinical studies both on Cynomolgus monkeys and rats treated with 
different doses of eluxadoline followed by various recovery or drug 
discontinuation periods showed no behavioral changes during the 
treatment period. There were also no behaviors suggestive of withdrawal 
during the observed recovery periods. Thus, chronic administration of 
eluxadoline

[[Page 48049]]

did not result in withdrawal signs in laboratory monkeys and rats. 
However, monkeys self-administered eluxadoline. This suggests that 
eluxadoline has sufficient rewarding effects to induce reinforcement. 
In human subjects, the abuse-related AEs reported in clinical studies 
found that eluxadoline produced a low incidence of euphoria, ``feeling 
drunk,'' anxiety, somnolence, headache, abdominal pain, dizziness, and 
fatigue, which are suggestive of its ability to produce psychic 
dependence.
    8. Whether the Substance is an Immediate Precursor of a Substance 
Already Controlled Under the CSA: Eluxadoline is not an immediate 
precursor of any substance controlled under the CSA.
    Conclusion: Based on consideration of the scientific and medical 
evaluation conducted by the HHS and its recommendation, and after 
considering its own eight-factor analysis, the DEA has determined that 
these facts and all relevant data constitute substantial evidence of 
potential for abuse of eluxadoline. As such, the DEA hereby proposes to 
schedule eluxadoline as a controlled substance under the CSA.

Findings for Schedule Placement

    The CSA establishes five schedules of controlled substances known 
as schedules I, II, III, IV, and V. The statute outlines the findings 
required in placing a drug or other substance in any schedule. 21 
U.S.C. 812(b). After consideration of the analysis and recommendation 
of the Assistant Secretary for Health of the HHS and review of all 
available data, the Administrator of the DEA, pursuant to 21 U.S.C. 
812(b), finds that:

    (1) The drug or other substance has a low potential for abuse 
relative to the drugs or other substances in schedule III. 
Eluxadoline has a low potential for abuse relative to the drugs or 
other substances in schedule III. The overall abuse potential of 
eluxadoline is comparable to the schedule IV substances such as 
pentazocine and butorphanol.
    (2) The drug or other substance has a currently accepted medical 
use in treatment in the United States. Recently, the FDA approved 
eluxadoline as a prescription drug for the treatment of irritable 
bowel syndrome with diarrhea (IBS-d). Therefore, eluxadoline has a 
currently accepted medical use in treatment in the United States.
    (3) Abuse of the drug or other substance may lead to limited 
physical dependence or psychological dependence relative to the 
drugs or other substances in schedule III. Abuse of eluxadoline may 
lead to limited psychological dependence similar to that of schedule 
IV drugs, but less than that of schedule III drugs.

    Based on these findings, the Administrator of the DEA concludes 
that eluxadoline, including its salts, isomers and salts of isomers, 
whenever the existence of such salts, isomers, and salts of isomers is 
possible, warrants control in schedule IV of the CSA (21 U.S.C. 
812(b)(4)).

Requirements for Handling Eluxadoline

    If this rule is finalized as proposed, eluxadoline would be subject 
to the CSA's schedule IV regulatory controls and administrative, civil, 
and criminal sanctions applicable to the manufacture, distribution, 
dispensing, importing, exporting, research, and conduct of 
instructional activities involving schedule IV substances, including 
the following:
    1. Registration. Any person who handles (manufactures, distributes, 
dispenses, imports, exports, engages in research, or conducts 
instructional activities with) eluxadoline, or who desires to handle 
eluxadoline, would be required to be registered with the DEA to conduct 
such activities pursuant to 21 U.S.C. 822, 823, 957, and 958 and in 
accordance with 21 CFR parts 1301 and 1312. Any person who currently 
handles eluxadoline, and is not registered with the DEA, would need to 
submit an application for registration and may not continue to handle 
eluxadoline as of the effective date of the final rule, unless the DEA 
has approved that application for registration, pursuant to 21 U.S.C. 
822, 823, 957, 958, and in accordance with 21 CFR parts 1301 and 1312.
    2. Security. Eluxadoline would be subject to schedule III-V 
security requirements and would need to be handled and stored pursuant 
to 21 U.S.C. 821, 823, 871(b) and in accordance with 21 CFR 1301.71-
1301.93.
    3. Labeling and Packaging. All labels and labeling for commercial 
containers of eluxadoline on or after finalization of this proposed 
rule would need to comply with 21 U.S.C. 825 and 958(e), and be in 
accordance with 21 CFR part 1302.
    4. Inventory. Every DEA registrant who possesses any quantity of 
eluxadoline on the effective date of the final rule would be required 
to take an inventory of all stocks of eluxadoline on hand as of the 
effective date of the rule, pursuant to 21 U.S.C. 827 and 958, and in 
accordance with 21 CFR 1304.03, 1304.04, and 1304.11(a) and (d).
    Any person who becomes registered with the DEA after the effective 
date of the final rule must take an initial inventory of all stocks of 
controlled substances (including eluxadoline) on hand on the date the 
registrant first engages in the handling of controlled substances, 
pursuant to 21 U.S.C. 827 and 958 and in accordance with 21 CFR 
1304.03, 1304.04, and 1304.11(a) and (b).
    After the initial inventory, every DEA registrant would be required 
to take an inventory of all controlled substances (including 
eluxadoline) on hand, on a biennial basis, pursuant to 21 U.S.C. 827 
and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
    5. Records. All DEA registrants would be required to maintain 
records with respect to eluxadoline pursuant to 21 U.S.C. 827 and 958, 
and in accordance with 21 CFR parts 1304, 1307, and 1312.
    6. Prescriptions. All prescriptions for eluxadoline or products 
containing eluxadoline would need to comply with 21 U.S.C. 829, and be 
issued in accordance with 21 CFR parts 1306 and 1311, subpart C.
    7. Importation and Exportation. All importation and exportation of 
eluxadoline would need to be in compliance with 21 U.S.C. 952, 953, 
957, and 958, and in accordance with 21 CFR part 1312.
    8. Criminal Liability. Any activity involving eluxadoline not 
authorized by, or in violation of, the CSA, occurring on or after 
finalization of this proposed rule, would be unlawful, and may subject 
the person to administrative, civil, and/or criminal sanctions.

Regulatory Analyses

Executive Orders 12866 and 13563

    In accordance with 21 U.S.C. 811(a), this proposed scheduling 
action is subject to formal rulemaking procedures performed ``on the 
record after opportunity for a hearing,'' which are conducted pursuant 
to the provisions of 5 U.S.C. 556 and 557. The CSA sets forth the 
procedures and criteria for scheduling a drug or other substance. Such 
actions are exempt from review by the Office of Management and Budget 
(OMB) pursuant to section 3(d)(1) of Executive Order 12866 and the 
principles reaffirmed in Executive Order 13563.

Executive Order 12988

    This proposed regulation meets the applicable standards set forth 
in Sections 3(a) and 3(b)(2) of Executive Order 12988 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 proposed rulemaking does not have federalism implications 
warranting the application of Executive Order

[[Page 48050]]

13132. The proposed 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.

Executive Order 13175

    This proposed rule will not have tribal implications warranting the 
application of Executive Order 13175. It 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.

Regulatory Flexibility Act

    The Administrator, in accordance with the Regulatory Flexibility 
Act (RFA), 5 U.S.C. 601-612, has reviewed this proposed rule and by 
approving it certifies that it will not have a significant economic 
impact on a substantial number of small entities. The purpose of this 
proposed rule is to place eluxadoline, including its salts, isomers, 
and salts of isomers, into schedule IV of the CSA. No less restrictive 
measures (i.e., non-control, or control in schedule V) enable the DEA 
to meet its statutory obligations under the CSA. In preparing this 
certification, the DEA has assessed economic impact by size category 
and has considered costs with respect to the various DEA registrant 
business activity classes.
    Eluxadoline is a new molecular entity which has not yet been 
marketed in the United States or any other country. Although the 
manufacturer is expected to enjoy market exclusivity for many years, 
the DEA has no basis to determine the level of contracted or outsourced 
manufacturing activities or the breadth of the distribution network. 
Furthermore, due to the wide variety of unidentifiable and 
unquantifiable variables that could potentially influence the 
dispensing and distribution rates of new pharmaceutical drugs, the DEA 
is unable to determine the number of potential small entities that 
might handle eluxadoline. However, the DEA estimates that all persons 
who would handle, or propose to handle, eluxadoline are currently 
registered with the DEA to handle schedule IV controlled substances, 
because it is a pharmaceutical controlled substance intended for 
medical treatment. Accordingly, the number of DEA registrations 
authorized to handle schedule IV controlled substances is a reasonable 
estimate for the maximum number of eluxadoline handlers. Therefore, the 
DEA estimates that 1.6 million (1,554,254 as of June 2015) controlled 
substance registrations, representing approximately 427,584 entities, 
would be the maximum number of entities affected by this rule. The DEA 
estimates that 418,141 (97.8%) of 427,584 affected entities are ``small 
entities'' in accordance with the RFA and SBA size standards.
    The DEA anticipates that prospective eluxadoline handlers already 
handle other schedule IV controlled substances and that the cost impact 
as a result of placing eluxadoline in schedule IV would be nominal. As 
the anticipated eluxadoline handlers already handle other scheduled IV 
controlled substances, they already have DEA registrations and the 
required security and recordkeeping processes, equipment, and 
facilities in place, and would only require a nominal increase in 
security, inventory, recordkeeping and labeling costs.
    As discussed above, while the DEA does not have a basis to estimate 
the number of affected entities, the DEA estimates that the maximum 
number of affected entities is 427,584 of which 418,141 are estimated 
to be small entities. Since the affected entities are expected to 
handle other schedule IV controlled substances and maintain security 
and recordkeeping facilities and processes consistent with schedule IV 
controlled substances, the DEA estimates any economic impact will be 
nominal. Because of these facts, this proposed rule will not result in 
a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 
2 U.S.C. 1501 et seq., the DEA has determined and certifies that this 
action would not result in any Federal mandate that may result ``in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000 or more (adjusted for 
inflation) in any one year.'' Therefore, neither a Small Government 
Agency Plan nor any other action is required under UMRA of 1995.

Paperwork Reduction Act of 1995

    This action does not impose a new collection of information 
requirement under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3521. This action would not impose recordkeeping or reporting 
requirements on State or local governments, individuals, businesses, or 
organizations. An agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

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, the DEA proposes to amend 21 CFR 
part 1308 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.

0
2. Amend Sec.  1308.14 by adding paragraph (g)(3) to read as follows:


Sec.  1308.14  Schedule IV.

* * * * *
    (g) * * *

(3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-           (9725)
 2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-
 imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic
 acid) (including its optical isomers) and its salts,
 isomers, and salts of isomers..........................
 



[[Page 48051]]

    Dated: August 5, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-19655 Filed 8-10-15; 8:45 am]
 BILLING CODE 4410-09-P



                                                 48044                  Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules

                                                 DEPARTMENT OF JUSTICE                                     • Electronic comments: The Drug                     (such as your name, address, etc.) as
                                                                                                         Enforcement Administration encourages                 part of your comment, but do not want
                                                 Drug Enforcement Administration                         that all comments be submitted                        it to be made publicly available, you
                                                                                                         electronically through the Federal                    must include the phrase ‘‘PERSONAL
                                                 21 CFR Part 1308                                        eRulemaking Portal, which provides the                IDENTIFYING INFORMATION’’ in the
                                                 [Docket No. DEA–419N]                                   ability to type short comments directly               first paragraph of your comment. You
                                                                                                         into the comment field on the Web page                must also place the personal identifying
                                                 Schedules of Controlled Substances:                     or to attach a file for lengthier                     information you do not want made
                                                 Placement of Eluxadoline Into                           comments. Please go to http://                        publicly available in the first paragraph
                                                 Schedule IV                                             www.regulations.gov and follow the                    of your comment and identify what
                                                                                                         online instructions at that site for                  information you want redacted.
                                                 AGENCY: Drug Enforcement                                submitting comments. Upon completion                     If you want to submit confidential
                                                 Administration, Department of Justice.                  of your submission you will receive a                 business information as part of your
                                                 ACTION: Notice of proposed rulemaking.                  Comment Tracking Number for your                      comment, but do not want it to be made
                                                                                                         comment. Please be aware that                         publicly available, you must include the
                                                 SUMMARY:    The Drug Enforcement
                                                                                                         submitted comments are not                            phrase ‘‘CONFIDENTIAL BUSINESS
                                                 Administration proposes to place the
                                                                                                         instantaneously available for public                  INFORMATION’’ in the first paragraph
                                                 substance eluxadoline (5-[[[(2S)-2-
                                                                                                         view on Regulations.gov. If you have                  of your comment. You must also
                                                 amino-3-[4-aminocarbonyl)-2,6-
                                                                                                         received a Comment Tracking Number,                   prominently identify confidential
                                                 dimethylphenyl]-1-oxopropyl][(1S)-1-(4-
                                                                                                         your comment has been successfully                    business information to be redacted
                                                 phenyl-1H-imidazol-2-
                                                                                                         submitted and there is no need to                     within the comment.
                                                 yl)ethyl]amino]methyl]-2-                                                                                        Comments containing personal
                                                 methoxybenzoic acid), including its                     resubmit the same comment.
                                                                                                           • Paper comments: Paper comments                    identifying information and confidential
                                                 salts, isomers, and salts of isomers, into                                                                    business information identified as
                                                 schedule IV of the Controlled                           that duplicate the electronic submission
                                                                                                         are not necessary and are discouraged.                directed above will generally be made
                                                 Substances Act (CSA). This proposed                                                                           publicly available in redacted form. If a
                                                 scheduling action is pursuant to the                    Should you wish to mail a paper
                                                                                                         comment in lieu of an electronic                      comment has so much confidential
                                                 CSA which requires that such actions be                                                                       business information or personal
                                                 made on the record after opportunity for                comment, it should be sent via regular
                                                                                                         or express mail to: Drug Enforcement                  identifying information that it cannot be
                                                 a hearing through formal rulemaking. If                                                                       effectively redacted, all or part of that
                                                 finalized, this action would impose the                 Administration, Attn: DEA Federal
                                                                                                         Register Representative/ODL, 8701                     comment may not be made publicly
                                                 regulatory controls and administrative,                                                                       available. Comments posted to http://
                                                 civil, and criminal sanctions applicable                Morrissette Drive, Springfield, Virginia
                                                                                                         22152.                                                www.regulations.gov may include any
                                                 to schedule IV controlled substances on                                                                       personal identifying information (such
                                                 persons who handle (manufacture,                          • Hearing requests: All requests for
                                                                                                         hearing and waivers of participation                  as name, address, and phone number)
                                                 distribute, dispense, import, export,                                                                         included in the text of your electronic
                                                 engage in research, conduct                             must be sent to: Drug Enforcement
                                                                                                                                                               submission that is not identified as
                                                 instructional activities, or possess), or               Administration, Attn: Federal Register
                                                                                                                                                               directed above as confidential.
                                                 propose to handle eluxadoline.                          Representative/ODL, 8701 Morrissette
                                                                                                                                                                  An electronic copy of this document
                                                 DATES: Interested persons may file                      Drive, Springfield, Virginia 22152. All               and supplemental information to this
                                                 written comments on this proposal in                    requests for hearing and waivers of                   proposed rule are available at http://
                                                 accordance with 21 CFR 1308.43(g).                      participation should also be sent to:                 www.regulations.gov for easy reference.
                                                 Electronic comments must be                             Drug Enforcement Administration, Attn:
                                                 submitted, and written comments must                    Hearing Clerk/LJ, 8701 Morrissette                    Request for Hearing, Notice of
                                                 be postmarked, on or before September                   Drive, Springfield, Virginia 22152.                   Appearance at Hearing, Waiver of an
                                                 10, 2015. Commenters should be aware                    FOR FURTHER INFORMATION CONTACT: John                 Opportunity for a Hearing or To
                                                 that the electronic Federal Docket                      R. Scherbenske, Office of Diversion                   Participate in a Hearing
                                                 Management System will not accept                       Control, Drug Enforcement                                Pursuant to 21 U.S.C. 811(a), this
                                                 comments after 11:59 p.m. Eastern Time                  Administration; Mailing Address: 8701                 action is a formal rulemaking ‘‘on the
                                                 on the last day of the comment period.                  Morrissette Drive, Springfield, Virginia              record after opportunity for a hearing.’’
                                                    Interested persons, defined at 21 CFR                22152; Telephone: (202) 598–6812.                     Such proceedings are conducted
                                                 1300.01 as those ‘‘adversely affected or                SUPPLEMENTARY INFORMATION:                            pursuant to the provisions of the
                                                 aggrieved by any rule or proposed rule                                                                        Administrative Procedure Act (APA), 5
                                                 issuable pursuant to section 201 of the                 Posting of Public Comments                            U.S.C. 551–559. 21 CFR 1308.41–
                                                 Act (21 U.S.C. 811),’’ may file a request                 Please note that all comments                       1308.45; 21 CFR part 1316, subpart D.
                                                 for hearing, notice of appearance, or                   received in response to this docket are               In accordance with 21 CFR 1308.44(a)–
                                                 waiver of hearing pursuant to 21 CFR                    considered part of the public record.                 (c), requests for hearing, notices of
                                                 1308.44 and in accordance with 21 CFR                   They will, unless reasonable cause is                 appearance, and waivers of an
                                                 1316.45, 1316.47, 1316.48, or 1316.49,                  given, be made available by the Drug                  opportunity for a hearing or to
                                                 as applicable. Requests for hearing,                    Enforcement Administration (DEA) for                  participate in a hearing may be
                                                 notices of appearance, and waivers of an                public inspection online at http://                   submitted only by interested persons,
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 opportunity for a hearing or to                         www.regulations.gov. Such information                 defined as those ‘‘adversely affected or
                                                 participate in a hearing must be                        includes personal identifying                         aggrieved by any rule or proposed rule
                                                 received on or before September 10,                     information (such as your name,                       issuable pursuant to section 201 of the
                                                 2015.                                                   address, etc.) voluntarily submitted by               Act (21 U.S.C. 811).’’ 21 CFR 1300.01.
                                                 ADDRESSES: To ensure proper handling                    the commenter. The Freedom of                         Such requests or notices must conform
                                                 of comments, please reference ‘‘Docket                  Information Act (FOIA) applies to all                 to the requirements of 21 CFR
                                                 No. DEA–419N’’ on all correspondence,                   comments received. If you want to                     1308.44(a) or (b), and 1316.47 or
                                                 including any attachments.                              submit personal identifying information               1316.48, as applicable, and include a


                                            VerDate Sep<11>2014   14:44 Aug 10, 2015   Jkt 235001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\11AUP1.SGM   11AUP1


                                                                        Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules                                                   48045

                                                 statement of interest of the person in the              for abuse, and * * * makes with respect                the HHS’ recommendation to control
                                                 proceeding and the objections or issues,                to such drug or other substance the                    eluxadoline under schedule IV of the
                                                 if any, concerning which the person                     findings prescribed by subsection (b) of               CSA.
                                                 desires to be heard. Any waiver must                    section 812 of this title for the schedule                In response, the DEA reviewed the
                                                 conform to the requirements of 21 CFR                   in which such drug is to be placed                     scientific and medical evaluation and
                                                 1308.44(c) and 1316.49, including a                     * * *.’’ The Attorney General has                      scheduling recommendation provided
                                                 written statement regarding the                         delegated scheduling authority under 21                by the HHS, and all other relevant data,
                                                 interested person’s position on the                     U.S.C. 811 to the Administrator of the                 and completed its own eight-factor
                                                 matters of fact and law involved in any                 DEA. 28 CFR 0.100.                                     review document pursuant to 21 U.S.C.
                                                 hearing.                                                   The CSA provides that scheduling of                 811(c). Included below is a brief
                                                    Please note that pursuant to 21 U.S.C.               any drug or other substance may be                     summary of each factor as analyzed by
                                                 811(a), the purpose and subject matter                  initiated by the Attorney General (1) on               the HHS and the DEA, and as
                                                 of a hearing is restricted to: ‘‘find[ing]              her own motion; (2) at the request of the              considered by the DEA in its proposed
                                                 that such drug or other substance has a                 Secretary of Health and Human Services                 scheduling decision. Please note that
                                                 potential for abuse, and * * * mak[ing]                 (HHS); or (3) on the petition of any                   both the DEA and the HHS analyses are
                                                 with respect to such drug or other                      interested party. 21 U.S.C. 811(a). If                 available in their entirety under
                                                 substance the findings prescribed by                    finalized, this action would impose the                ‘‘Supporting and Related Material’’ in
                                                 subsection (b) of section 812 of this title             regulatory controls and administrative,                the public docket for this proposed rule
                                                 for the schedule in which such drug is                  civil, and criminal sanctions of schedule              at http://www.regulations.gov, under
                                                 to be placed * * *.’’ All requests for                  IV controlled substances for any person                Docket Number ‘‘DEA–419N’’. Full
                                                 hearing and waivers of participation                    who handles eluxadoline.                               analysis of, and citations to, the
                                                 must be sent to the DEA using the                                                                              information referenced in the summary
                                                 address information provided above.                     Background
                                                                                                                                                                may also be found in the supporting and
                                                 Legal Authority                                           Eluxadoline is a new molecular entity                related material.
                                                                                                         with central nervous system opioid                        1. The Drug’s Actual or Relative
                                                    The DEA implements and enforces                      properties. It has not been marketed in                Potential for Abuse: Eluxadoline is a
                                                 titles II and III of the Comprehensive                  any country. Eluxadoline has mixed mu                  new chemical entity that has not been
                                                 Drug Abuse Prevention and Control Act                   opioid receptor (MOR) and kappa                        marketed in the U.S. or in any other
                                                 of 1970, as amended. 21 U.S.C. 801–971.                 opioid receptor (KOR) agonist and delta                country. As such, there is no
                                                 Titles II and III are referred to as the                opioid receptor (DOR) antagonist                       information available which details
                                                 ‘‘Controlled Substances Act’’ and the                   properties. Recently, the Food and Drug                actual abuse of eluxadoline. However,
                                                 ‘‘Controlled Substances Import and                      Administration (FDA) approved                          the legislative history of the CSA
                                                 Export Act,’’ respectively, and are                     eluxadoline as a prescription drug for                 suggests that the DEA consider the
                                                 collectively referred to as the                         the treatment of irritable bowel                       following criteria in determining
                                                 ‘‘Controlled Substances Act’’ or the                    syndrome with diarrhea (IBS-d).                        whether a particular drug or substance
                                                 ‘‘CSA’’ for the purpose of this action.                 Eluxadoline will be marketed as 75 and                 has a potential for abuse: 2
                                                 The DEA publishes the implementing                      100 milligrams (mg) oral tablets under
                                                 regulations for these statutes in title 21                                                                        (1) There is evidence that individuals are
                                                                                                         the trade name of Viberzi.                             taking the drug or drugs containing such a
                                                 of the Code of Federal Regulations
                                                                                                                                                                substance in amounts sufficient to create a
                                                 (CFR), chapter II. The CSA and its                      Proposed Determination To Schedule
                                                                                                                                                                hazard to their health or to the safety of other
                                                 implementing regulations are designed                   Eluxadoline                                            individuals or to the community;
                                                 to prevent, detect, and eliminate the                      Pursuant to 21 U.S.C. 811(a)(1),                       (2) There is significant diversion of the
                                                 diversion of controlled substances and                  proceedings to add a drug or substance                 drug or substance from legitimate drug
                                                 listed chemicals into the illicit market                to those controlled under the CSA may                  channels;
                                                 while ensuring an adequate supply is                                                                              (3) Individuals are taking the substance on
                                                                                                         be initiated by request of the Secretary               their own initiative rather than on the basis
                                                 available for the legitimate medical,                   of the HHS.1 The HHS provided the
                                                 scientific, research, and industrial needs                                                                     of medical advice from a practitioner
                                                                                                         DEA with a scientific and medical                      licensed by law to administer such drugs in
                                                 of the United States. Controlled                        evaluation document (dated May 5,                      the course of his professional practice; or
                                                 substances have the potential for abuse                 2015) prepared by the FDA entitled                        (4) The drug or drugs containing such a
                                                 and dependence and are controlled to                    ‘‘Basis for the Recommendation to Place                substance are new drugs so related in their
                                                 protect the public health and safety.                   Eluxadoline and Its Salts into schedule                action to a drug or drugs already listed as
                                                    Under the CSA, each controlled                       IV of the Controlled Substances Act’’                  having a potential for abuse to make it likely
                                                 substance is classified into one of five                and a scheduling recommendation.                       that they will have the same potentiality for
                                                 schedules based upon its potential for                                                                         abuse as such substance, thus making it
                                                                                                         Pursuant to 21 U.S.C. 811(b), this                     reasonable to assume that there may be
                                                 abuse, its currently accepted medical                   document contained an eight-factor                     significant diversions from legitimate
                                                 use in treatment in the United States,                  analysis of the abuse potential of                     channels, significant use contrary to or
                                                 and the degree of dependence the                        eluxadoline as a new drug, along with                  without medical advice, or that it has a
                                                 substance may cause. 21 U.S.C. 812. The                                                                        substantial capability of creating hazards to
                                                 initial schedules of controlled                           1 As set forth in a memorandum of understanding      the health of the user or to the safety of the
                                                 substances established by Congress are                  entered into by the HHS, the Food and Drug             community.
                                                 found at 21 U.S.C. 812(c), and the                      Administration (FDA), and the National Institute on
                                                                                                                                                                  Both the HHS and the DEA note that
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                                                 current list of all scheduled substances                Drug Abuse (NIDA), the FDA acts as the lead agency
                                                                                                         within the HHS in carrying out the Secretary’s         three of the above mentioned four
                                                 is published at 21 CFR part 1308.                       scheduling responsibilities under the CSA, with the    criteria (1, 2, and 3) do not apply to
                                                    Pursuant to 21 U.S.C. 811(a)(1), the                 concurrence of the NIDA. 50 FR 9518, Mar. 8, 1985.     eluxadoline for the following reasons.
                                                 Attorney General may, by rule, ‘‘add to                 In addition, because the Secretary of the HHS has
                                                                                                         delegated to the Assistant Secretary for Health of     Eluxadoline is a new molecular entity
                                                 such a schedule or transfer between
                                                                                                         the HHS the authority to make domestic drug
                                                 such schedules any drug or other                        scheduling recommendations, for purposes of this         2 Comprehensive Drug Abuse Prevention and
                                                 substance if he * * * finds that such                   document, all subsequent references to ‘‘Secretary’’   Control Act of 1970, H.R. Rep. No. 91–1444, 91st
                                                 drug or other substance has a potential                 have been replaced with ‘‘Assistant Secretary.’’       Cong., Sess. 1 (1970); 1970 U.S.C.C.A.N. 4566, 4601.



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                                                 48046                  Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules

                                                 and has not been marketed in any                        in Drowsiness and Sedation. These                     the 39-week treatment period. In a dose-
                                                 country. Accordingly, it has not been                   results are also similar to those                     finding study, daily intravenous
                                                 diverted from legitimate sources, and                   produced by pentazocine in a published                administration of 20 mg/kg eluxadoline
                                                 individuals have not taken this                         study which reported a statistically                  for seven days produced opioid-
                                                 substance in amounts sufficient to                      significant increase in the VAS score for             associated behaviors (decreased
                                                 create a hazard to public health or                     Bad Drug Effects and the score for                    respiration and periods of
                                                 safety. Therefore, criterion 4 is the only              ARCI–LSD (Dysphoria). Eluxadoline                     unconsciousness). These effects were
                                                 one that applies to eluxadoline.                        produced dysphoric effects consistent                 severely pronounced following 40 mg/
                                                   Eluxadoline acts as a high affinity                   with kappa agonist activity related                   kg dose. All animals in the highest dose
                                                 agonist at MORs and KORs and as an                      effects produced by pentazocine and                   group (40 mg/kg reduced to 30 mg/kg on
                                                 antagonist at DORs. Eluxadoline                         butorphanol.                                          the second day of the dosing after one
                                                 produced opioid agonistic effects such                     In summary, eluxadoline appears to                 animal died) exhibited opioid overdose
                                                 as centrally mediated analgesia,                        be so related in its action to substances             symptoms such as decreased activity,
                                                 sedation, motor impairment, respiratory                 already listed as having potential for                unresponsiveness, decreased body
                                                 depression, and death in some animals.                  abuse, and which have been controlled                 temperature and respiration rates.
                                                 Eluxadoline generalized to morphine in                  in schedule IV of the CSA, to make it                 Opioid antagonist naloxone (0.1 mg/kg)
                                                 a drug discrimination study in monkeys                  likely that eluxadoline will have the                 was administered either subcutaneously
                                                 suggesting its MOR agonist properties.                  same potential for abuse as those                     or intravenously to more or less severely
                                                 Monkeys self-administered eluxadoline                   substances.                                           affected animals, respectively. Upon
                                                 indicating its rewarding properties.                       2. Scientific Evidence of Its                      reducing the eluxadoline dose from 40
                                                   Receptor binding and functional                       Pharmacological Effects, If Known: The                mg/kg to 30 mg/kg, all animals
                                                 profile studies demonstrate that                        HHS, in its scientific and medical                    continued to respond with opioid
                                                 eluxadoline has KOR agonistic activity.                 evaluation document, reviewed data                    overdose symptoms.
                                                 Pentazocine (schedule IV opioid                         from pre-clinical and clinical studies on                In a hot-plate test for studying anti-
                                                 analgesic) and butorphanol (schedule IV                 eluxadoline. The HHS’ findings are                    nociceptive effects in mice, oral
                                                 opioid analgesic) are the two currently                 summarized below.                                     administration of eluxadoline up to
                                                 marketed opioid drugs with KOR                                                                                doses of 1000 mg/kg showed no
                                                                                                         Pre-Clinical In Vitro Pharmacological
                                                 agonist activity. Pentazocine and                                                                             significant analgesic responses.
                                                                                                         Studies
                                                 butorphanol were initially approved for                                                                       However, subcutaneous administration
                                                 market as non-controlled drugs.                           Eluxadoline has high affinity at the                of both 10 and 50 mg/kg eluxadoline
                                                 However, subsequent reports of their                    MOR, KOR, and DOR. Eluxadoline                        caused significant increases in hot plate
                                                 actual abuse supported control as                       lacked significant affinity for other                 latencies and produced concurrent
                                                 schedule IV drugs under the CSA.                        binding sites including those associated              opioid-associated behaviors such as
                                                 Clinical studies indicated that                         with abuse potential. Similar to                      Straub tail and increased limb tone.
                                                 pentazocine and butorphanol have been                   butorphanol (schedule IV), eluxadoline                   As mentioned in the HHS scientific
                                                 shown to cause greater dysphoria and to                 acted as an agonist at both MOR and                   and medical evaluation and scheduling
                                                 be less abusable than the schedule II                   KOR, but acted as an antagonist at DOR.               recommendation, drug discrimination
                                                 opioids.                                                Pentazocine (schedule IV) also has                    tests in animals serve as an important
                                                   In human abuse potential studies,                     agonist activity at KOR.                              experimental method for predicting
                                                 eluxadoline produced both positive and                                                                        whether the effects of a given test drug
                                                                                                         Pre-Clinical In Vivo Studies
                                                 negative responses. The maximal effects                                                                       will be similar to that of a standard
                                                 of eluxadoline on Drug Liking are                          In the Irwin test (a test of general               training drug used in the study. In drug
                                                 greater than that of placebo, but less                  behavioral responses), there were no                  discrimination studies conducted in
                                                 than that of oxycodone (schedule II).                   noticeable behavioral changes produced                Rhesus monkeys trained to discriminate
                                                 Eluxadoline produced small statistically                by eluxadoline at three subcutaneous                  between subcutaneously administered
                                                 significant increases in several positive               doses of 500, 1000, or 2000 mg/kg in                  morphine (1 mg/kg) and vehicle using
                                                 subjective responses such as visual                     mice. Similarly, there were no changes                shock stimulus termination procedure,
                                                 analog scale (VAS) scores for Take Drug                 in motor activity, reflexes, excitation,              intravenous administration of 17.8 mg/
                                                 Again, Subjective Drug Value, Good                      body tone, righting reflex, and rotorod               kg dose of eluxadoline HCl produced
                                                 Drug Effects, High, and the Addiction                   tests or in body temperature in rats                  full generalization to morphine (1 mg/
                                                 Research Center Inventory-Morphine                      following oral administration of                      kg) in the only monkey tested. When
                                                 Benzedrine Group (ARCI–MBG,                             eluxadoline (30 or 300 mg/kg).                        this same monkey was tested at 10 mg/
                                                 Euphoria). The positive subjective                      However, intravenous administration of                kg, there was no generalization.
                                                 responses to eluxadoline were most                      eluxadoline HCl (5, 10 and 20 mg/kg/                  However, the 10 mg/kg dose of
                                                 often statistically significantly less than             day) in rats for 14 days followed by a                eluxadoline produced full
                                                 those produced by oxycodone.                            14-day recovery period produced classic               generalization in a different monkey.
                                                 Eluxadoline produced a high rate of                     opioid-related behaviors including                    The lowest doses of eluxadoline at 1.0
                                                 euphoria in human abuse potential                       general arousal, handling reactivity,                 (n = 1) and 3.2 mg/kg (n = 2) produced
                                                 studies. However, these euphoric effects                stereotypy, tail pinch response, touch                no generalization (<20%) to morphine.
                                                 of eluxadoline are less than that of                    response, changes in posture, gait,                   Eluxadoline, as a mu and kappa opioid
                                                 oxycodone.                                              mobility, righting reflex, respiration,               agonist, produces an interoceptive cue
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                                                   Eluxadoline at all doses elicited a                   and hindlimb splay. In a toxicity study               similar to that of mu opioid agonist,
                                                 small but significant increase in the                   in Cynomolgus monkeys, animals                        morphine (schedule II). These data are
                                                 VAS score for Drug Disliking.                           treated with eluxadoline (50, 100, and                similar to those from several published
                                                 Eluxadoline also produced a statistically               200 mg/kg/day) or vehicle via oral                    human studies in which butorphanol
                                                 significant increase in VAS Bad Drug                    gavage for nine months, followed by a                 (schedule IV, mu and kappa opioid
                                                 Effects, ARCI Lysergic Acid                             four-week recovery period (for the                    agonist), pentazocine (schedule IV,
                                                 Diethylamide (ARCI–LSD, Dysphoria),                     vehicle and 200 mg/kg groups),                        kappa opioid agonist) and tramadol
                                                 but did not cause a significant increase                exhibited no changes in behavior during               (schedule IV, mu opioid agonist


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                                                                        Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules                                          48047

                                                 prodrug) generalized to hydromorphone                   Liking with at least one of the                          Another clinical study evaluated the
                                                 (schedule II, mu opioid agonist). Thus,                 eluxadoline doses tested. Data from the               abuse potential and safety of intranasal
                                                 these drug discrimination data                          secondary subjective measures showed                  administration of crushed eluxadoline
                                                 demonstrate that mu opioid agonists                     that oxycodone (30 and 60 mg)                         (100 and 200 mg) in comparison to
                                                 will be recognized by animals and                       statistically significantly increased                 crushed oxycodone HCl (crushed, 15
                                                 humans as having similar                                scores on other positive subjective                   and 30 mg) in 31 healthy adult, non-
                                                 pharmacological properties to each                      responses such as the VAS for Overall                 dependent recreational opioid users. On
                                                 other.                                                  Drug Liking, Take Drug Again,                         the primary subjective measure of Drug
                                                    Drug self-administration tests in                    Subjective Drug Value, Good Drug                      Liking VAS, eluxadoline (100 and 200
                                                 animals are used to evaluate the                        Effects, High, and ARCI–MBG                           mg) failed to produce Emax scores on
                                                 rewarding effects of drugs. There is a                  (Euphoria). At supratherapeutic oral                  Drug Liking that were statistically
                                                 good correlation between those drugs                    doses (300 and/or 1000 mg), eluxadoline               different from that of placebo while
                                                 that are self-administered by animals                   elicited statistically significant increases          oxycodone at both tested doses (15 and
                                                 and those that are abused by humans.                    as compared to the placebo in positive                30 mg) produced statistically significant
                                                 The data from self-administration                       subjective responses such as VAS for                  higher maximum (Emax) scores
                                                 studies provide a measure for abuse                     Take Drug Again, Subjective Drug                      compared to placebo. Results for the
                                                 potential. In a self-administration study               Value, Good Drug Effects, High, and                   secondary subjective measures show
                                                 with monkeys (n = 5) trained to self-                   ARCI–MBG (Euphoria). The positive                     oxycodone (15 and 30 mg) significantly
                                                 administer heroin (0.032 mg/kg/infusion                 subjective responses to eluxadoline                   increased scores on positive subjective
                                                 in two monkeys or 0.01 mg/kg/infusion                   were most often statistically                         responses including the VAS for Overall
                                                 in three monkeys), the 0.32 and 1.0 mg/                 significantly less than those produced                Drug Liking, Take Drug Again,
                                                 kg/infusion doses of eluxadoline HCl                    by either dose of oxycodone (30 and 60                Subjective Drug Value, Good Drug
                                                 did not produce self-administration in                  mg). The HHS states that these results                Effects, High, and ARCI–MBG
                                                 one monkey trained to self-administer                   are similar to those produced by a kappa              (Euphoria). Eluxadoline (100 and 200
                                                 the higher 0.032 mg/kg/infusion dose of                 opioid agonist, pentazocine (schedule                 mg) produced significant increases
                                                 heroin, or in three other monkeys                       IV). Eluxadoline at all doses elicited a              compared to placebo in these positive
                                                 trained to self-administer the lower                    small but significant increase in the                 subjective responses. The positive
                                                 0.001 mg/kg/infusion dose of heroin.                    VAS score for Drug Disliking, but it                  subjective responses to eluxadoline
                                                 When the highest dose of eluxadoline                    happened one to two hours before the                  were most often significantly less than
                                                 HCI (3.2 mg/kg/infusion) was tested first               peak Drug Liking response.                            those produced by either dose of
                                                 in the two monkeys trained at the 0.032                 Furthermore, there were no statistically              oxycodone. Intranasal eluxadoline
                                                 mg/kg/infusion dose of heroin, the self-                significant differences in Drug Disliking             produced a small but statistically
                                                 administration rate of eluxadoline HCl                  between eluxadoline and oxycodone (60                 significant increase in the VAS for Drug
                                                 (10–19 infusions/session) was less than                 mg). Eluxadoline also produced a                      Disliking while oxycodone did not.
                                                 that of heroin, but more than that of                   statistically significant increase in VAS             Eluxadoline also produced a significant
                                                 saline (2–4 infusions/session). The self-               Bad Drug Effects, and ARCI–LSD                        increase in VAS Bad Drug Effects,
                                                 administration of eluxadoline in                        (Dysphoria), but did not cause a                      ARCI–LSD (Dysphoria), Drowsiness,
                                                 animals seems similar to that of the mu                 significant increase in Drowsiness and                and Sedation. Oxycodone at both doses
                                                 and kappa opioid agonist, butorphanol                   Sedation. These results are also similar              increased each of these negative
                                                 (schedule IV), a kappa opioid agonist,                                                                        subjective measurements, to a degree
                                                                                                         to those produced by pentazocine in a
                                                 pentazocine (schedule IV) and another
                                                                                                         published study which reported a                      significantly greater than that of placebo
                                                 mu opioid agonist prodrug, tramadol
                                                                                                         statistically significant increase in the             but similar to the high dose of
                                                 (schedule IV).
                                                                                                         VAS score for Bad Drug Effects and the                eluxadoline. Subjects identified
                                                 Human Behavioral Studies                                score for ARCI–LSD (Dysphoria).                       eluxadoline as an opioid to a degree that
                                                   In a clinical study, the abuse                           Oral administration of eluxadoline                 was less than that of oxycodone.
                                                 potential, safety, tolerability, and                    produced an increase in several                       Intranasal administration of eluxadoline
                                                 pharmacokinetics of orally administered                 classical opioid-like adverse events                  caused adverse events such as euphoria
                                                 eluxadoline (100, 300 and 1000 mg)                      (AEs) associated with mu opioid                       after the 100 mg (22%) and the 200 mg
                                                 were compared with positive control                     agonists. Eluxadoline (ranging from 14–               doses (19%). Rate of euphoria following
                                                 drug, oxycodone (30 and 60 mg) in                       28%) produced euphoria in a dose-                     eluxadoline was less than that of
                                                 healthy non-dependent recreational                      dependent manner and it was greater                   oxycodone at 15 mg (44%) and 30 mg
                                                 opioid users. Of the subjects who                       than that after placebo (5%) but less                 (67%), and greater than placebo (0%).
                                                 received any study treatment, a total of                than that of oxycodone (ranging from                  All incidences of euphoria produced by
                                                 33 subjects completed the study. On the                 73–76%). Eluxadoline induced                          eluxadoline were mild in intensity.
                                                 primary subjective measure of VAS                       centrally-mediated responses such as                     The clinical efficacy studies
                                                 Drug Liking, eluxadoline at the two                     somnolence (ranging from 19–42%), and                 conducted with oral eluxadoline (75
                                                 supratherapeutic doses (300 and 1000                    it overlaps with the rate reported for                and 100 mg/BID) reported abuse-related
                                                 mg) produced statistically significant                  oxycodone (38–41%) and placebo                        AEs. The AE of euphoric mood was
                                                 higher maximum (Emax) scores on Drug                    (19%). Peripheral opioid-associated AEs               reported by only two IBS-d patients in
                                                 Liking compared to placebo. When                        such as dry mouth were also mentioned                 the pooled Phase 2 and 3 safety trials
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                                                 compared to that of either dose of                      (11–19% for eluxadoline and 11–13%                    (0.2% of population). The dose of
                                                 oxycodone on Drug Liking, all three                     for oxycodone). Pruritus was also                     eluxadoline for both these subjects was
                                                 tested doses of eluxadoline (100, 300                   reported with a range of 8–11% for                    100 mg BID. Similarly, the AE of
                                                 and 1000 mg) showed statistically                       eluxadoline and 54–70% for oxycodone.                 ‘‘feeling drunk’’ was reported by only
                                                 significant lower Emax scores. Eighteen                 The above AEs support that eluxadoline                two subjects (0.1% of subjects in the 75
                                                 of the 36 subjects who received                         produced typical opioid-like effects,                 mg group and 0.1% of subjects in the
                                                 eluxadoline showed a statistically                      although these are less frequent than                 100 mg group). Other than euphoria,
                                                 significant positive response on Drug                   reported for oxycodone.                               anxiety (1.7%) and somnolence (0.7%)


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                                                 48048                  Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules

                                                 were the most commonly reported                         as pentazocine and butorphanol and has                   uncontrolled drugs. However
                                                 abuse-related AEs. There were a few                     similar abuse potential (see factors 1                   subsequent reports of abuse of
                                                 other central nervous system-associated                 and 2). Pentazocine and butorphanol                      butorphanol and pentazocine led to
                                                 AEs observed in clinical trials. These                  were initially approved for market as                    their control as schedule IV drugs under
                                                 included headache (4.0–4.5%),                           non-controlled drugs. However,                           the CSA. Thus, if eluxadoline were to be
                                                 dizziness (2.2–3.2%), and fatigue (1.9–                 subsequent reports of actual abuse of                    marketed as a non-controlled drug, it is
                                                 2.6%). Thus there was a very low                        pentazocine and butorphanol supported                    likely to be abused for its rewarding
                                                 incidence of euphoria-related AEs in                    control as schedule IV drugs under the                   properties. If uncontrolled, it is also
                                                 these clinical studies. It is not                       CSA. It is likely that eluxadoline, upon                 likely that individuals seeking opioids
                                                 uncommon for patients participating in                  approval for marketing, will be abused                   will abuse eluxadoline as a substitute
                                                 clinical studies to exhibit a low rate of               for its rewarding effects.                               for other opioids that are controlled
                                                 euphoria-related AEs compared to                           Eluxadoline generalized to the                        under the CSA.
                                                 participants in Phase I human abuse                     stimulus effects of morphine (schedule                      In human abuse potential studies,
                                                 potential studies. This difference may                  II) in animal drug discrimination                        eluxadoline produced both positive and
                                                 be due to the underlying disease state of               studies. These discriminative stimulus                   negative subjective responses. The
                                                 the patient population in clinical                      effects are similar to that for                          maximal effects of eluxadoline on Drug
                                                 studies versus the healthy subject                      butorphanol, a schedule IV mu and                        Liking are greater than that of placebo,
                                                 population in human abuse potential                     kappa opioid receptor agonist and for                    but less than that of oxycodone
                                                 studies.                                                pentazocine, a schedule IV kappa opioid                  (schedule II). Eluxadoline at all doses
                                                    3. The State of Current Scientific                   receptor agonist. In two human abuse                     elicited a small but significant increase
                                                 Knowledge Regarding Eluxadoline: The                    potential studies, eluxadoline produced                  in the VAS score for Drug Disliking. The
                                                 chemical name of eluxadoline is 5-                      both positive and negative subjective                    negative subjective responses of
                                                 [[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-                responses. The maximal effects of                        eluxadoline may be reflective of its
                                                 dimethylphenyl]-1-oxopropyl][(1S)-1-(4-                 eluxadoline on Drug Liking are greater                   kappa opioid receptor agonist properties
                                                 phenyl-1H-imidazol-2-                                   than that of placebo, but less than that                 and these are similar to those of
                                                 yl)ethyl]amino]methyl]-2-                               of oxycodone (schedule II). Eluxadoline                  schedule IV opioids, butorphanol and
                                                 methoxybenzoic acid. The molecular                      at all doses elicited a small but                        pentazocine. These dysphoric effects
                                                 formula of eluxadoline is C32H35N5O5                    significant increase in the VAS score for                may indicate a lower abuse potential of
                                                 and its molecular weight is 569.65.                     Drug Disliking. The negative subjective                  eluxadoline.
                                                 Eluxadoline has two asymmetric                          responses of eluxadoline may be                             6. What, If Any, Risk There Is To the
                                                 carbons, and there are at least four                    reflective of its kappa opioid receptor                  Public Health: Data from pre-clinical
                                                 different optical isomers. Because                      agonist properties and these are similar                 and clinical studies indicate that
                                                 eluxadoline contains a primary amine                                                                             eluxadoline has abuse potential similar
                                                                                                         to those of schedule IV opioids,
                                                 and a carboxylic acid in its structure,                                                                          to schedule IV opioids such as
                                                                                                         butorphanol and pentazocine. These
                                                 the pH of the solution will determine                                                                            butorphanol and pentazocine. Abuse
                                                                                                         dysphoric effects may indicate a lower
                                                 whether the primary amine will be                                                                                potential of a drug is considered a risk
                                                                                                         abuse potential of a substance. In
                                                 protonated (positively charged) and the                                                                          to the public health. Available
                                                                                                         human abuse potential studies oral or
                                                 carboxylic acid will be deprotonated                                                                             information suggests that if eluxadoline
                                                                                                         intranasal administration of eluxadoline
                                                 (negatively charged). The synthesis of                                                                           were to be marketed as a non-controlled
                                                                                                         produced euphoria with a degree less
                                                 eluxadoline requires a high level of                                                                             drug, it would be abused for its
                                                                                                         than that of oxycodone.
                                                 expertise and knowledge in organic                                                                               rewarding properties. The major
                                                                                                            As of May 20, 2015, no reports for
                                                 chemistry. The tablets could be cracked                                                                          concern regarding eluxadoline’s risk to
                                                                                                         eluxadoline were identified in either the                public health is based on animal studies
                                                 and easily crushed by users with a tablet
                                                                                                         National Forensic Laboratory                             in monkeys treated with eluxadoline,
                                                 crusher or a mortar and pestle.
                                                                                                         Information System (NFLIS),3 or System                   where the animals exhibited opioid
                                                 However, the unique physicochemical
                                                                                                         to Retrieve Information on Drug                          overdose symptoms such as decreased
                                                 properties of eluxadoline may present a
                                                                                                         Evidence (STRIDE).4                                      activity, unresponsiveness, decreased
                                                 challenge to isolate eluxadoline for
                                                                                                            5. The Scope, Duration, and                           body temperature, and decreased
                                                 purposes of abuse.
                                                    The half-life of eluxadoline is                      Significance of Abuse: Because                           respiration rates. Severe sedation and
                                                 approximately five hours, with high                     eluxadoline is a new molecular entity                    slumping were also observed in
                                                 inter-subject variability. Eluxadoline has              and has not been marketed in any                         monkeys following self-administration
                                                 a low oral bioavailability due to poor GI               country, information as to the scope,                    with eluxadoline. Furthermore, opioid-
                                                 permeability and moderate hepatic first-                duration and significance of its abuse is                like effects of eluxadoline may not be
                                                 pass extraction involving OATP1B1-                      not available. Both pre-clinical and                     reversible unless adequate or repeated
                                                 mediated hepatic uptake of eluxadoline.                 clinical studies indicate that                           administration of opioid antagonists
                                                 Co-administration with food lowered                     eluxadoline shares pharmacological                       such as naloxone or naltrexone is
                                                 systemic exposures. Biliary excretion                   similarities with schedule IV drugs such                 performed.
                                                 accounted for over 80% of overall                       as butorphanol and pentazocine and has                      7. Its Psychic or Physiological
                                                 elimination, while there is a minimal                   similar abuse potential. Pentazocine and                 Dependence Liability: Several pre-
                                                 elimination by renal excretion.                         butorphanol were initially marketed as                   clinical studies both on Cynomolgus
                                                    4. History and Current Pattern of                                                                             monkeys and rats treated with different
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                                                                                                           3 NFLIS is a program of the DEA that collects drug
                                                 Abuse: Because eluxadoline is a new                                                                              doses of eluxadoline followed by
                                                                                                         identification results from drug cases analyzed by
                                                 molecular entity and has not been                       other Federal, State, and local forensic laboratories.   various recovery or drug
                                                 marketed in any country, information as                   4 STRIDE collected the results of drug evidence        discontinuation periods showed no
                                                 to the history and current pattern of its               analyzed at DEA laboratories and reflects evidence       behavioral changes during the treatment
                                                 abuse is not available. Data from pre-                  submitted by the DEA, other Federal law                  period. There were also no behaviors
                                                                                                         enforcement agencies, and some local law
                                                 clinical and clinical studies indicated                 enforcement agencies. On October 1, 2014,
                                                                                                                                                                  suggestive of withdrawal during the
                                                 that eluxadoline shares pharmacological                 STARLiMS replaced STRIDE as the DEA laboratory           observed recovery periods. Thus,
                                                 similarities with schedule IV drugs such                drug evidence data system of record.                     chronic administration of eluxadoline


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                                                                        Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules                                          48049

                                                 did not result in withdrawal signs in                   that eluxadoline, including its salts,                substances, pursuant to 21 U.S.C. 827
                                                 laboratory monkeys and rats. However,                   isomers and salts of isomers, whenever                and 958 and in accordance with 21 CFR
                                                 monkeys self-administered eluxadoline.                  the existence of such salts, isomers, and             1304.03, 1304.04, and 1304.11(a) and
                                                 This suggests that eluxadoline has                      salts of isomers is possible, warrants                (b).
                                                 sufficient rewarding effects to induce                  control in schedule IV of the CSA (21                    After the initial inventory, every DEA
                                                 reinforcement. In human subjects, the                   U.S.C. 812(b)(4)).                                    registrant would be required to take an
                                                 abuse-related AEs reported in clinical                  Requirements for Handling Eluxadoline                 inventory of all controlled substances
                                                 studies found that eluxadoline                                                                                (including eluxadoline) on hand, on a
                                                 produced a low incidence of euphoria,                      If this rule is finalized as proposed,             biennial basis, pursuant to 21 U.S.C. 827
                                                 ‘‘feeling drunk,’’ anxiety, somnolence,                 eluxadoline would be subject to the                   and 958, and in accordance with 21 CFR
                                                 headache, abdominal pain, dizziness,                    CSA’s schedule IV regulatory controls                 1304.03, 1304.04, and 1304.11.
                                                 and fatigue, which are suggestive of its                and administrative, civil, and criminal                  5. Records. All DEA registrants would
                                                 ability to produce psychic dependence.                  sanctions applicable to the manufacture,              be required to maintain records with
                                                    8. Whether the Substance is an                       distribution, dispensing, importing,                  respect to eluxadoline pursuant to 21
                                                 Immediate Precursor of a Substance                      exporting, research, and conduct of                   U.S.C. 827 and 958, and in accordance
                                                 Already Controlled Under the CSA:                       instructional activities involving                    with 21 CFR parts 1304, 1307, and 1312.
                                                 Eluxadoline is not an immediate                         schedule IV substances, including the                    6. Prescriptions. All prescriptions for
                                                 precursor of any substance controlled                   following:                                            eluxadoline or products containing
                                                 under the CSA.                                             1. Registration. Any person who                    eluxadoline would need to comply with
                                                    Conclusion: Based on consideration of                handles (manufactures, distributes,                   21 U.S.C. 829, and be issued in
                                                 the scientific and medical evaluation                   dispenses, imports, exports, engages in               accordance with 21 CFR parts 1306 and
                                                 conducted by the HHS and its                            research, or conducts instructional                   1311, subpart C.
                                                 recommendation, and after considering                   activities with) eluxadoline, or who
                                                                                                                                                                  7. Importation and Exportation. All
                                                 its own eight-factor analysis, the DEA                  desires to handle eluxadoline, would be
                                                                                                                                                               importation and exportation of
                                                 has determined that these facts and all                 required to be registered with the DEA
                                                                                                                                                               eluxadoline would need to be in
                                                 relevant data constitute substantial                    to conduct such activities pursuant to
                                                                                                                                                               compliance with 21 U.S.C. 952, 953,
                                                 evidence of potential for abuse of                      21 U.S.C. 822, 823, 957, and 958 and in
                                                                                                                                                               957, and 958, and in accordance with 21
                                                 eluxadoline. As such, the DEA hereby                    accordance with 21 CFR parts 1301 and
                                                                                                                                                               CFR part 1312.
                                                 proposes to schedule eluxadoline as a                   1312. Any person who currently
                                                                                                                                                                  8. Criminal Liability. Any activity
                                                 controlled substance under the CSA.                     handles eluxadoline, and is not
                                                                                                                                                               involving eluxadoline not authorized
                                                                                                         registered with the DEA, would need to
                                                 Findings for Schedule Placement                                                                               by, or in violation of, the CSA, occurring
                                                                                                         submit an application for registration
                                                                                                                                                               on or after finalization of this proposed
                                                   The CSA establishes five schedules of                 and may not continue to handle
                                                                                                                                                               rule, would be unlawful, and may
                                                 controlled substances known as                          eluxadoline as of the effective date of
                                                                                                                                                               subject the person to administrative,
                                                 schedules I, II, III, IV, and V. The statute            the final rule, unless the DEA has
                                                                                                                                                               civil, and/or criminal sanctions.
                                                 outlines the findings required in placing               approved that application for
                                                 a drug or other substance in any                        registration, pursuant to 21 U.S.C. 822,              Regulatory Analyses
                                                 schedule. 21 U.S.C. 812(b). After                       823, 957, 958, and in accordance with
                                                                                                                                                               Executive Orders 12866 and 13563
                                                 consideration of the analysis and                       21 CFR parts 1301 and 1312.
                                                 recommendation of the Assistant                            2. Security. Eluxadoline would be                    In accordance with 21 U.S.C. 811(a),
                                                 Secretary for Health of the HHS and                     subject to schedule III–V security                    this proposed scheduling action is
                                                 review of all available data, the                       requirements and would need to be                     subject to formal rulemaking procedures
                                                 Administrator of the DEA, pursuant to                   handled and stored pursuant to 21                     performed ‘‘on the record after
                                                 21 U.S.C. 812(b), finds that:                           U.S.C. 821, 823, 871(b) and in                        opportunity for a hearing,’’ which are
                                                                                                         accordance with 21 CFR 1301.71–                       conducted pursuant to the provisions of
                                                    (1) The drug or other substance has a low            1301.93.                                              5 U.S.C. 556 and 557. The CSA sets
                                                 potential for abuse relative to the drugs or               3. Labeling and Packaging. All labels              forth the procedures and criteria for
                                                 other substances in schedule III. Eluxadoline
                                                                                                         and labeling for commercial containers                scheduling a drug or other substance.
                                                 has a low potential for abuse relative to the
                                                 drugs or other substances in schedule III. The          of eluxadoline on or after finalization of            Such actions are exempt from review by
                                                 overall abuse potential of eluxadoline is               this proposed rule would need to                      the Office of Management and Budget
                                                 comparable to the schedule IV substances                comply with 21 U.S.C. 825 and 958(e),                 (OMB) pursuant to section 3(d)(1) of
                                                 such as pentazocine and butorphanol.                    and be in accordance with 21 CFR part                 Executive Order 12866 and the
                                                    (2) The drug or other substance has a                1302.                                                 principles reaffirmed in Executive Order
                                                 currently accepted medical use in treatment                4. Inventory. Every DEA registrant                 13563.
                                                 in the United States. Recently, the FDA                 who possesses any quantity of
                                                 approved eluxadoline as a prescription drug             eluxadoline on the effective date of the              Executive Order 12988
                                                 for the treatment of irritable bowel syndrome           final rule would be required to take an                  This proposed regulation meets the
                                                 with diarrhea (IBS-d). Therefore, eluxadoline
                                                 has a currently accepted medical use in
                                                                                                         inventory of all stocks of eluxadoline on             applicable standards set forth in
                                                 treatment in the United States.                         hand as of the effective date of the rule,            Sections 3(a) and 3(b)(2) of Executive
                                                    (3) Abuse of the drug or other substance             pursuant to 21 U.S.C. 827 and 958, and                Order 12988 to eliminate drafting errors
                                                 may lead to limited physical dependence or              in accordance with 21 CFR 1304.03,                    and ambiguity, minimize litigation,
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                                                 psychological dependence relative to the                1304.04, and 1304.11(a) and (d).                      provide a clear legal standard for
                                                 drugs or other substances in schedule III.                 Any person who becomes registered                  affected conduct, and promote
                                                 Abuse of eluxadoline may lead to limited                with the DEA after the effective date of              simplification and burden reduction.
                                                 psychological dependence similar to that of             the final rule must take an initial
                                                 schedule IV drugs, but less than that of                inventory of all stocks of controlled                 Executive Order 13132
                                                 schedule III drugs.                                     substances (including eluxadoline) on                   This proposed rulemaking does not
                                                  Based on these findings, the                           hand on the date the registrant first                 have federalism implications warranting
                                                 Administrator of the DEA concludes                      engages in the handling of controlled                 the application of Executive Order


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                                                 48050                  Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules

                                                 13132. The proposed rule does not have                  the number of potential small entities                significant economic impact on a
                                                 substantial direct effects on the States,               that might handle eluxadoline.                        substantial number of small entities.
                                                 on the relationship between the national                However, the DEA estimates that all
                                                                                                                                                               Unfunded Mandates Reform Act of 1995
                                                 government and the States, or the                       persons who would handle, or propose
                                                 distribution of power and                               to handle, eluxadoline are currently                    In accordance with the Unfunded
                                                 responsibilities among the various                      registered with the DEA to handle                     Mandates Reform Act (UMRA) of 1995,
                                                 levels of government.                                   schedule IV controlled substances,                    2 U.S.C. 1501 et seq., the DEA has
                                                                                                         because it is a pharmaceutical                        determined and certifies that this action
                                                 Executive Order 13175
                                                                                                         controlled substance intended for                     would not result in any Federal
                                                    This proposed rule will not have                     medical treatment. Accordingly, the                   mandate that may result ‘‘in the
                                                 tribal implications warranting the                      number of DEA registrations authorized                expenditure by State, local, and tribal
                                                 application of Executive Order 13175. It                to handle schedule IV controlled                      governments, in the aggregate, or by the
                                                 does not have substantial direct effects                substances is a reasonable estimate for               private sector, of $100,000,000 or more
                                                 on one or more Indian tribes, on the                    the maximum number of eluxadoline                     (adjusted for inflation) in any one year.’’
                                                 relationship between the Federal                        handlers. Therefore, the DEA estimates                Therefore, neither a Small Government
                                                 government and Indian tribes, or on the                 that 1.6 million (1,554,254 as of June                Agency Plan nor any other action is
                                                 distribution of power and                               2015) controlled substance registrations,             required under UMRA of 1995.
                                                 responsibilities between the Federal                    representing approximately 427,584
                                                 government and Indian tribes.                                                                                 Paperwork Reduction Act of 1995
                                                                                                         entities, would be the maximum
                                                 Regulatory Flexibility Act                              number of entities affected by this rule.               This action does not impose a new
                                                                                                         The DEA estimates that 418,141 (97.8%)                collection of information requirement
                                                   The Administrator, in accordance                      of 427,584 affected entities are ‘‘small              under the Paperwork Reduction Act of
                                                 with the Regulatory Flexibility Act                     entities’’ in accordance with the RFA                 1995, 44 U.S.C. 3501–3521. This action
                                                 (RFA), 5 U.S.C. 601–612, has reviewed                   and SBA size standards.                               would not impose recordkeeping or
                                                 this proposed rule and by approving it                                                                        reporting requirements on State or local
                                                 certifies that it will not have a                          The DEA anticipates that prospective
                                                                                                         eluxadoline handlers already handle                   governments, individuals, businesses, or
                                                 significant economic impact on a                                                                              organizations. An agency may not
                                                 substantial number of small entities.                   other schedule IV controlled substances
                                                                                                         and that the cost impact as a result of               conduct or sponsor, and a person is not
                                                 The purpose of this proposed rule is to                                                                       required to respond to, a collection of
                                                 place eluxadoline, including its salts,                 placing eluxadoline in schedule IV
                                                                                                         would be nominal. As the anticipated                  information unless it displays a
                                                 isomers, and salts of isomers, into                                                                           currently valid OMB control number.
                                                 schedule IV of the CSA. No less                         eluxadoline handlers already handle
                                                 restrictive measures (i.e., non-control, or             other scheduled IV controlled                         List of Subjects in 21 CFR Part 1308
                                                 control in schedule V) enable the DEA                   substances, they already have DEA
                                                                                                         registrations and the required security                 Administrative practice and
                                                 to meet its statutory obligations under                                                                       procedure, Drug traffic control,
                                                 the CSA. In preparing this certification,               and recordkeeping processes,
                                                                                                         equipment, and facilities in place, and               Reporting and recordkeeping
                                                 the DEA has assessed economic impact                                                                          requirements.
                                                 by size category and has considered                     would only require a nominal increase
                                                 costs with respect to the various DEA                   in security, inventory, recordkeeping                   For the reasons set out above, the DEA
                                                 registrant business activity classes.                   and labeling costs.                                   proposes to amend 21 CFR part 1308 as
                                                   Eluxadoline is a new molecular entity                    As discussed above, while the DEA                  follows:
                                                 which has not yet been marketed in the                  does not have a basis to estimate the
                                                                                                                                                               PART 1308—SCHEDULES OF
                                                 United States or any other country.                     number of affected entities, the DEA
                                                                                                                                                               CONTROLLED SUBSTANCES
                                                 Although the manufacturer is expected                   estimates that the maximum number of
                                                 to enjoy market exclusivity for many                    affected entities is 427,584 of which                 ■ 1. The authority citation for 21 CFR
                                                 years, the DEA has no basis to                          418,141 are estimated to be small                     part 1308 continues to read as follows:
                                                 determine the level of contracted or                    entities. Since the affected entities are
                                                 outsourced manufacturing activities or                  expected to handle other schedule IV                    Authority: 21 U.S.C. 811, 812, 871(b),
                                                 the breadth of the distribution network.                controlled substances and maintain                    unless otherwise noted.
                                                 Furthermore, due to the wide variety of                 security and recordkeeping facilities                 ■ 2. Amend § 1308.14 by adding
                                                 unidentifiable and unquantifiable                       and processes consistent with schedule                paragraph (g)(3) to read as follows:
                                                 variables that could potentially                        IV controlled substances, the DEA
                                                 influence the dispensing and                            estimates any economic impact will be                 § 1308.14   Schedule IV.
                                                 distribution rates of new pharmaceutical                nominal. Because of these facts, this                 *       *    *    *        *
                                                 drugs, the DEA is unable to determine                   proposed rule will not result in a                        (g) * * *


                                                 (3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-
                                                   yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers                         (9725)
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                                                                        Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Proposed Rules                                                48051

                                                   Dated: August 5, 2015.                                ADDRESSES:    Submit your comments,                     Dated: July 30, 2015.
                                                 Chuck Rosenberg,                                        identified by Docket ID No. EPA–R04–                  Heather McTeer Toney,
                                                 Acting Administrator.                                   OAR–2015–0248 by one of the following                 Regional Administrator, Region 4.
                                                 [FR Doc. 2015–19655 Filed 8–10–15; 8:45 am]             methods:                                              [FR Doc. 2015–19727 Filed 8–10–15; 8:45 am]
                                                 BILLING CODE 4410–09–P                                     1. www.regulations.gov: Follow the                 BILLING CODE 6560–50–P
                                                                                                         on-line instructions for submitting
                                                                                                         comments.
                                                 ENVIRONMENTAL PROTECTION                                   2. Email: R4-ARMS@epa.gov.                         ENVIRONMENTAL PROTECTION
                                                 AGENCY                                                     3. Fax: (404) 562–9019.                            AGENCY
                                                                                                            4. Mail: ‘‘EPA–R04–OAR–2015–
                                                 40 CFR Part 52                                          0248,’’ Air Regulatory Management                     40 CFR Part 52
                                                 [EPA–R04–OAR–2015–0248; FRL–9932–19–                    Section (formerly the Regulatory                      [EPA–R04–OAR–2015–0384; FRL–9932–22–
                                                 Region 4]                                               Development Section), Air Planning and                Region 4]
                                                                                                         Implementation Branch (formerly the
                                                 Approval and Promulgation of                            Air Planning Branch), Air, Pesticides                 Approval and Promulgation of
                                                 Implementation Plans; Georgia;                          and Toxics Management Division, U.S.                  Implementation Plans; Kentucky: New
                                                 Atlanta; Requirements for the 2008                      Environmental Protection Agency,                      Sources in or Impacting Nonattainment
                                                 8-Hour Ozone Standard                                   Region 4, 61 Forsyth Street SW.,                      Areas
                                                 AGENCY:  Environmental Protection                       Atlanta, Georgia 30303–8960.                          AGENCY:  Environmental Protection
                                                 Agency.                                                    5. Hand Delivery or Courier: Lynorae               Agency
                                                 ACTION: Proposed rule.                                  Benjamin, Chief, Air Regulatory                       ACTION: Proposed rule.
                                                                                                         Management Section, Air Planning and
                                                 SUMMARY:    The Environmental Protection                Implementation Branch, Air, Pesticides                SUMMARY:  The Environmental Protection
                                                 Agency (EPA) is proposing to approve a                  and Toxics Management Division, U.S.                  Agency (EPA) is proposing to approve
                                                 state implementation plan revision                      Environmental Protection Agency,                      the Commonwealth of Kentucky’s
                                                 submitted by the State of Georgia,                      Region 4, 61 Forsyth Street SW.,                      September 23, 2011, State
                                                 through Georgia Environmental                           Atlanta, Georgia 30303–8960. Such                     Implementation Plan (SIP) revision,
                                                 Protection Division on February 6, 2015,                deliveries are only accepted during the               submitted through the Kentucky
                                                 to address the base year emissions                      Regional Office’s normal hours of                     Division for Air Quality (KY DAQ),
                                                 inventory and emissions statements                      operation. The Regional Office’s official             which modifies the SIP by making
                                                 requirements for the 2008 8-hour ozone                  hours of business are Monday through                  changes to Kentucky regulation,
                                                 national ambient air quality standards                  Friday, 8:30 a.m. to 4:30 p.m., excluding             ‘‘Review of new sources in or impacting
                                                 for the Atlanta, Georgia 2008 8-hour                    Federal holidays. Please see the direct               upon nonattainment areas.’’ EPA has
                                                 ozone nonattainment area (hereinafter                   final rule which is located in the Rules              preliminarily determined that
                                                 referred to as the ‘‘Atlanta Area’’). These             section of this Federal Register for                  Kentucky’s requested SIP revision meets
                                                 requirements apply to all ozone                         detailed instructions on how to submit                the applicable provisions of the Clean
                                                 nonattainment areas. The Atlanta Area                   comments.                                             Air Act (CAA or Act) and EPA
                                                 is comprised of 15 counties in Atlanta                                                                        regulations regarding Nonattainment
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                 (Bartow, Cherokee, Clayton, Cobb,                                                                             New Source Review (NNSR) permitting.
                                                                                                         Tiereny Bell, Air Regulatory
                                                 Coweta, DeKalb, Douglas, Fayette,
                                                                                                         Management Section, Air Planning and                  DATES: Written comments must be
                                                 Forsyth, Fulton, Gwinnett, Henry,
                                                                                                         Implementation Branch, Air, Pesticides                received on or before September 10,
                                                 Newton, Paulding, and Rockdale). This
                                                                                                         and Toxics Management Division, U.S.                  2015.
                                                 proposed action is being taken pursuant
                                                                                                         Environmental Protection Agency,
                                                 to the Clean Air Act and its                                                                                  ADDRESSES:   Submit your comments,
                                                                                                         Region 4, 61 Forsyth Street SW.,
                                                 implementing regulations.                                                                                     identified by Docket ID Number EPA–
                                                    In the Final Rules Section of this                   Atlanta, Georgia 30303–8960. Ms. Bell
                                                                                                                                                               R04–OAR–2015–0384 by one of the
                                                 Federal Register, EPA is approving the                  can be reached at (404) 562–9088 and
                                                                                                                                                               following methods:
                                                 State’s SIP revision as a direct final rule             via electronic mail at bell.tiereny@
                                                                                                                                                                 1. www.regulations.gov: Follow the
                                                 without prior proposal because the                      epa.gov.
                                                                                                                                                               on-line instructions for submitting
                                                 Agency views this as a noncontroversial                 SUPPLEMENTARY INFORMATION:       For                  comments.
                                                 submittal and anticipates no adverse                    additional information see the direct                   2. Email: R4-ARMS@epa.gov.
                                                 comments. A detailed rationale for the                  final rule which is published in the                    3. Fax: (404) 562–9019.
                                                 approval is set forth in the direct final               Rules Section of this Federal Register.                 4. Mail: ‘‘EPA–R04–OAR–2015–
                                                 rule. If no adverse comments are                        A detailed rationale for the approval is              0384’’, Air Regulatory Management
                                                 received in response to this rule, no                   set forth in the direct final rule and                Section, Air Planning and
                                                 further activity is contemplated. If EPA                incorporated herein by reference. If no               Implementation Branch, Air, Pesticides
                                                 receives adverse comments, the direct                   adverse comments are received in                      and Toxics Management Division, U.S.
                                                 final rule will be withdrawn and all                    response to this rule, no further activity            Environmental Protection Agency,
                                                 public comments received will be                        is contemplated. If EPA receives adverse              Region 4, 61 Forsyth Street SW.,
                                                 addressed in a subsequent final rule                    comments, the direct final rule will be               Atlanta, Georgia 30303–8960.
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                                                 based on this proposed rule. EPA will                   withdrawn and all public comments                       5. Hand Delivery or Courier: Ms.
                                                 not institute a second comment period                   received will be addressed in a                       Lynorae Benjamin, Chief, Air Regulatory
                                                 on this document. Any parties                           subsequent final rule based on this                   Management Section, Air Planning and
                                                 interested in commenting on this                        proposed rule. EPA will not institute a               Implementation Branch, Air, Pesticides
                                                 document should do so at this time.                     second comment period on this                         and Toxics Management Division, U.S.
                                                 DATES: Written comments must be                         document. Any parties interested in                   Environmental Protection Agency,
                                                 received on or before September 10,                     commenting on this document should                    Region 4, 61 Forsyth Street SW.,
                                                 2015.                                                   do so at this time.                                   Atlanta, Georgia 30303–8960. Such


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Document Created: 2016-09-27 22:25:15
Document Modified: 2016-09-27 22:25:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesInterested persons may file written comments on this proposal in accordance with 21 CFR 1308.43(g). Electronic comments must be submitted, and written comments must be postmarked, on or before September 10, 2015. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.
ContactJohn R. Scherbenske, Office of
FR Citation80 FR 48044 
CFR AssociatedAdministrative Practice and Procedure; Drug Traffic Control and Reporting and Recordkeeping Requirements

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