Schedules of Controlled Substances: Temporary Placement of U-47700 Into Schedule I, 79389-79393 [2016-27357]

Download as PDF Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Rules and Regulations Certification Office (ACO), FAA; or the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to approve the part. (ii) The replacement MOV actuator must be fully interchangeable with the part specified in Boeing Service Bulletin 777–28A0034, Revision 3, dated September 25, 2015. Lhorne on DSK30JT082PROD with RULES (j) Credit for Previous Actions (1) This paragraph provides credit for the requirements of paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Special Attention Service Bulletin 777–28–0061, dated October 25, 2010; or Boeing Special Attention Service Bulletin 777–28–0061, Revision 1, dated January 26, 2012; as applicable. These documents are not incorporated by reference in this AD. (2) This paragraph provides credit for the requirements of paragraph (i) of this AD, if those actions were performed before April 25, 2013 (the effective date of AD 2013–05– 03, Amendment 39–17375 (78 FR 17290, March 21, 2013), ‘‘AD 2013–05–03’’), using Boeing Alert Service Bulletin 777–28A0034, dated August 2, 2007; or Boeing Alert Service Bulletin 777–28A0034, Revision 1, dated May 20, 2010; except that the replacement of MOV actuators of the left and right engine fuel spar valves must also include cap sealing the bonding jumper, as described in Boeing Service Bulletin 777–28A0034, Revision 2, dated September 20, 2010; and provided that the replacement is an MOV actuator identified in paragraph (j)(2)(i) or (j)(2)(ii) of this AD. Boeing Alert Service Bulletin 777– 28A0034, dated August 2, 2007, and Boeing Alert Service Bulletin 777–28A0034, Revision 1, dated May 20, 2010, are not incorporated by reference in this AD. Boeing Service Bulletin 777–28A0034, Revision 2, dated September 20, 2010, is incorporated by reference in AD 2013–05–03. (i) An MOV actuator that has P/N MA30A1001, MA30A1017, or MA20A2027. (ii) An MOV actuator that has a part number other than P/N MA20A1001–1 and meets the criteria specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD. (3) This paragraph provides credit for the requirements of paragraph (i) of this AD, if those actions were performed before the effective date of this AD using Boeing Service Bulletin 777–28A0034, Revision 2, dated September 20, 2010, which was incorporated by reference in AD 2013–05–03. (k) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (l)(1) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, VerDate Sep<11>2014 15:02 Nov 10, 2016 Jkt 241001 or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes ODA that has been authorized by the Manager, Seattle ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane and the approval must specifically refer to this AD. (l) Related Information (1) For more information about this AD, contact Brendan Shanley, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone: 425– 917–6492; fax: 425–917–6590; email: brendan.shanley@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(3) and (m)(4) of this AD. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Special Attention Service Bulletin 777–28–0061, Revision 2, dated May 4, 2015. (ii) Boeing Service Bulletin 777–28A0034, Revision 3, dated September 25, 2015. (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–766– 5680; Internet https:// www.myboeingfleet.com. (4) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on October 7, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–25491 Filed 11–10–16; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 79389 DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–440] Schedules of Controlled Substances: Temporary Placement of U–47700 Into Schedule I Drug Enforcement Administration, Department of Justice. ACTION: Final order. AGENCY: The Administrator of the Drug Enforcement Administration is issuing this final order to temporarily schedule the synthetic opioid, 3,4-dichloro-N-[2(dimethylamino)cyclohexyl]-Nmethylbenzamide (also known as U–47700), and its isomers, esters, ethers, salts and salts of isomers, esters and ethers, into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act. This action is based on a finding by the Administrator that the placement of U–47700 into schedule I of the Controlled Substances Act is necessary to avoid an imminent hazard to the public safety. As a result of this order, the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances will be imposed on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess), or propose to handle, U–47700. DATES: This final order is effective on November 14, 2016. FOR FURTHER INFORMATION CONTACT: Michael J. Lewis, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598–6812. SUPPLEMENTARY INFORMATION: SUMMARY: Legal Authority The Drug Enforcement Administration (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 E:\FR\FM\14NOR1.SGM 14NOR1 79390 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES 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, every 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 drug or other 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. Section 201 of the CSA, 21 U.S.C. 811, provides the Attorney General with the authority to temporarily place a substance into schedule I of the CSA for two years without regard to the requirements of 21 U.S.C. 811(b) if she finds that such action is necessary to avoid an imminent hazard to the public safety. 21 U.S.C. 811(h)(1). In addition, if proceedings to control a substance are initiated under 21 U.S.C. 811(a)(1), the Attorney General may extend the temporary scheduling for up to one year. 21 U.S.C. 811(h)(2). Where the necessary findings are made, a substance may be temporarily scheduled if it is not listed in any other schedule under section 202 of the CSA, 21 U.S.C. 812, or if there is no exemption or approval in effect for the substance under section 505 of the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 355. 21 U.S.C. 811(h)(1). The Attorney General has delegated her scheduling authority under 21 U.S.C. 811 to the Administrator of the DEA. 28 CFR 0.100. Background Section 201(h)(4) of the CSA, 21 U.S.C. 811(h)(4), requires the Administrator to notify the Secretary of the Department of Health and Human Services (HHS) of his intention to temporarily place a substance into schedule I of the CSA.1 The 1 As discussed in a memorandum of understanding entered into by 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 VerDate Sep<11>2014 15:02 Nov 10, 2016 Jkt 241001 Administrator transmitted the notice of intent to place U–47700 into schedule I on a temporary basis to the Assistant Secretary by letter dated April 18, 2016. The Assistant Secretary responded to this notice by letter dated April 28, 2016, and advised that based on review by the Food and Drug Administration (FDA), there are currently no investigational new drug applications or approved new drug applications for U– 47700. The Assistant Secretary also stated that the HHS has no objection to the temporary placement of U–47700 into schedule I of the CSA. The DEA has taken into consideration the Assistant Secretary’s comments as required by 21 U.S.C. 811(h)(4). U–47700 is not currently listed in any schedule under the CSA, and no exemptions or approvals are in effect for U–47700 under section 505 of the FDCA, 21 U.S.C. 355. The DEA has found that the control of U–47700 in schedule I on a temporary basis is necessary to avoid an imminent hazard to the public safety, and as required by 21 U.S.C. 811(h)(1)(A), a notice of intent to temporarily schedule U–47700 was published in the Federal Register on September 7, 2016. 81 FR 61636. To find that placing a substance temporarily into schedule I of the CSA is necessary to avoid an imminent hazard to the public safety, the Administrator is required to consider three of the eight factors set forth in section 201(c) of the CSA, 21 U.S.C. 811(c): The substance’s history and current pattern of abuse; the scope, duration and significance of abuse; and what, if any, risk there is to the public health. 21 U.S.C. 811(h)(3). Consideration of these factors includes actual abuse, diversion from legitimate channels, and clandestine importation, manufacture, or distribution. 21 U.S.C. 811(h)(3). A substance meeting the statutory requirements for temporary scheduling may only be placed into schedule I. 21 U.S.C. 811(h)(1). Substances in schedule I are those that have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. 21 U.S.C. 812(b)(1). Available data and information for U–47700, summarized below, indicate that this synthetic opioid has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. The Secretary of the HHS has delegated to the Assistant Secretary for Health of the HHS the authority to make domestic drug scheduling recommendations. 58 FR 35460, July 1, 1993. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 medical supervision. The DEA’s updated three-factor analysis, and the Assistant Secretary’s April 28, 2016, letter, are available in their entirety under the tab ‘‘Supporting Documents’’ of the public docket of this action at www.regulations.gov under FDMS Docket ID: DEA–2016–0016 (Docket Number DEA–440). Factor 4. History and Current Pattern of Abuse The recreational abuse of novel opioids continues to be a significant concern. These substances are distributed to users with often unpredictable outcomes. The novel synthetic opioid U–47700 has recently been encountered by law enforcement and public health officials and the adverse health effects and outcomes are documented in the scientific literature. Self-reporting by users describes the effects of U–47700 to be similar to other opioids. The negative effects documented in the scientific literature are also consistent with other opioids. The National Forensic Laboratory Information System (NFLIS) is a national drug forensic laboratory reporting system that systematically collects results from drug chemistry analyses conducted by participating Federal, State, and local forensic laboratories across the country. The DEA utilizes NFLIS to monitor for drug trends. The first laboratory submission of U–47700 was recorded in October 2015; a total of 88 records were reported from State and local forensic laboratories between October 2015— September 2016 according to NFLIS (query date: October 24, 2016). On October 1, 2014, the DEA implemented STARLiMS (a web-based, commercial laboratory information management system) as its laboratory drug evidence data system of record. DEA laboratory data submitted after September 30, 2014, are reposited in STARLiMS; data from STARLiMS were queried on November 1, 2016. STARLiMS registered 45 reports containing U–47700 in 2016 from California, Connecticut, Florida, Maryland, Montana, North Dakota, New Jersey, New York, Tennessee, Texas, Virginia, West Virginia, and the District of Columbia. Through information collected from NFLIS, law enforcement reports, and email communications, the DEA is aware of the identification of U–47700 from toxicology reports and submitted evidence to forensic laboratories in several states, including Arkansas, California, Colorado, Connecticut, Florida, Georgia, Iowa, Kentucky, Missouri, Montana, New E:\FR\FM\14NOR1.SGM 14NOR1 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Rules and Regulations Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, and Wisconsin. These identifications occurred in 2015 and 2016. Evidence suggests that the pattern of abuse of U–47700 parallels that of heroin, prescription opioid analgesics, and other novel opioids. Seizures of U–47700 have been encountered in powder form and in counterfeit tablets that mimic pharmaceutical opioids. U–47700 has also been encountered in glassine bags and envelopes and knotted corners of plastic bags. These clandestine forms of distribution demonstrate the abuse of this substance as a replacement for heroin or other opioids, either knowingly or unknowingly. Further, U–47700 has been encountered as a single substance as well as in combination with other substances, including heroin, fentanyl, and furanyl fentanyl in drug exhibits. The scientific literature and information collected by DEA demonstrate U–47700 is being abused for its opioid properties. The distribution of U–47700 and the increased prevalence of abuse remain deeply concerning to the DEA. Lhorne on DSK30JT082PROD with RULES Factor 5. Scope, Duration and Significance of Abuse The scientific literature and reports collected by the DEA demonstrate U–47700 is being abused for its opioid properties. This abuse of U–47700 has resulted in morbidity and mortality (see updated DEA 3-Factor Analysis for full discussion). The DEA has received reports for at least 46 confirmed fatalities 2 associated with U–47700. The information on these deaths occurring in 2015 and 2016 was collected from email communications and toxicology and medical examiner reports and was reported from New Hampshire (1), New York (31), North Carolina (10), Ohio (1), Texas (2), and Wisconsin (1). The scientific literature notes additional fatal overdoses connected to U–47700. The population likely to abuse U–47700 appears to overlap with the populations abusing prescription opioid analgesics, other ‘‘designer opioids,’’ and heroin, as evidenced by drug use history documented in U–47700 fatal overdose cases. This observation is further supported by U–47700 being sold on the illicit market in glassine bags, some of which are marked with stamped logos, imitating the sale of heroin. 2 Due to a proofreading error, the number of fatalities listed in the U–47700 NOI, which was 15, is incorrect. The correct number, 46, has been added to this Final Order. VerDate Sep<11>2014 15:02 Nov 10, 2016 Jkt 241001 Additionally, U–47700 has been found in counterfeit pills. Because abusers of U–47700 are likely to obtain this substance through non-regulated sources (i.e., on-line purchases or drug dealers), the identity, purity, and quantity are uncertain and inconsistent, thus posing significant adverse health risks to the end user. Individuals who initiate (i.e., use a drug for the first time) U–47700 abuse are likely to be at risk of developing substance use disorder, overdose, and death similar to that of other opioid analgesics (e.g., fentanyl, morphine, etc.). STARLiMS contains 45 reports in which U–47700 was identified in drug exhibits submitted in 2016. A query of NFLIS returned 88 records of U–47700 being identified in exhibits submitted to State and local forensic laboratories between October 2015—September 2016. The DEA is not aware of any laboratory analyses of drug evidence identifying U–47700 prior to 2015, indicating that this synthetic opioid only recently became available as a replacement for other opioids that are commonly abused (i.e. oxycodone, heroin, fentanyl). U–47700 is available over the Internet and is marketed as a ‘‘research chemical.’’ The on-line sale and marketing of U–47700 are similar to other new psychoactive substances that have rapidly appeared on the recreational drug market and also resulted in negative consequences for the user. Factor 6. What, if Any, Risk There Is to the Public Health U–47700 exhibits pharmacological profiles similar to that of morphine and other mu-opioid receptor agonists. Cases of intoxication are reported in the literature with morbidity and mortality associated with U–47700 use. The toxic effects of U–47700 in humans are demonstrated by overdoses and overdose fatalities associated with this substance, as reported in the scientific literature. Abusers of U–47700 may not know the origin, identity, or purity of this substance, thus posing significant adverse health risks when compared to abuse of pharmaceutical preparations of opioid analgesics, such as morphine and oxycodone. Additionally, the potent opioid U–47700 may serve as a precursor to problematic opioid use and dependence. Based on reports in the scientific literature and information received by the DEA, the abuse of U–47700 leads to the same qualitative public health risks as heroin, fentanyl and other opioid analgesic substances. As with any nonmedically approved opioid, the health and safety risks for users are great. The PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 79391 public health risks attendant to the abuse of heroin and opioid analgesics are well established and have resulted in large numbers of drug treatment admissions, emergency department visits, and fatal overdoses. U–47700 has been associated with a number of fatalities and non-fatal overdoses as detailed in the scientific literature. The DEA has received information connecting U–47700 to at least 46 confirmed overdose deaths, occurring in 2015 and 2016 in New Hampshire (1), New York (31), North Carolina (10), Ohio (1), Texas (2), and Wisconsin (1). Finding of Necessity of Schedule I Placement To Avoid Imminent Hazard to Public Safety In accordance with 21 U.S.C. 811(h)(3), based on the data and information summarized above, the continued uncontrolled manufacture, distribution, importation, exportation, and abuse of U–47700 pose an imminent hazard to the public safety. The DEA is not aware of any currently accepted medical uses for this substance in the United States. A substance meeting the statutory requirements for temporary scheduling, 21 U.S.C. 811(h)(1), may only be placed into schedule I. Substances in schedule I are those that have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Available data and information for U–47700 indicate that this substance has a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. As required by section 201(h)(4) of the CSA, 21 U.S.C. 811(h)(4), the Administrator, through a letter dated April 18, 2016, notified the Assistant Secretary of the DEA’s intention to temporarily place this substance into schedule I. Conclusion In accordance with the provisions of section 201(h) of the CSA, 21 U.S.C. 811(h), the Administrator considered available data and information, herein sets forth the grounds for his determination that it is necessary to temporarily schedule U–47700 into schedule I of the CSA, and finds that placement of this synthetic opioid into schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. Because the Administrator hereby finds it necessary to temporarily place this synthetic opioid into schedule I to avoid an imminent hazard E:\FR\FM\14NOR1.SGM 14NOR1 79392 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Rules and Regulations Lhorne on DSK30JT082PROD with RULES to the public safety, this final order temporarily scheduling U–47700 will be effective on the date of publication in the Federal Register, and will be in effect for a period of two years, with a possible extension of one additional year, pending completion of the regular (permanent) scheduling process. 21 U.S.C. 811(h) (1) and (2). The CSA sets forth specific criteria for scheduling a drug or other substance. Permanent scheduling actions in accordance with 21 U.S.C. 811(a) are subject to formal rulemaking procedures done ‘‘on the record after opportunity for a hearing’’ conducted pursuant to the provisions of 5 U.S.C. 556 and 557. 21 U.S.C. 811. The permanent scheduling process of formal rulemaking affords interested parties with appropriate process and the government with any additional relevant information needed to make a determination. Final decisions that conclude the permanent scheduling process of formal rulemaking are subject to judicial review. 21 U.S.C. 877. Temporary scheduling orders are not subject to judicial review. 21 U.S.C. 811(h)(6). Requirements for Handling Upon the effective date of this final order, U–47700 will become subject to the regulatory controls and administrative, civil, and criminal sanctions applicable to the manufacture, distribution, reverse distribution, importation, exportation, engagement in research, and conduct of instructional activities or chemical analysis with, and possession of schedule I controlled substances including the following: 1. Registration. Any person who handles (manufactures, distributes, reverse distributes, imports, exports, engages in research, or conducts instructional activities or chemical analysis with, or possesses), or who desires to handle, U–47700 must 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, as of November 14, 2016. Any person who currently handles U–47700, and is not registered with the DEA, must submit an application for registration and may not continue to handle U–47700 as of November 14, 2016, 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. Retail sales of schedule I controlled substances to the general public are not allowed under the CSA. Possession of any quantity of this substance in a manner not authorized by the CSA on or after VerDate Sep<11>2014 15:02 Nov 10, 2016 Jkt 241001 November 14, 2016 is unlawful and those in possession of any quantity of this substance may be subject to prosecution pursuant to the CSA. 2. Disposal of stocks. Any person who does not desire or is not able to obtain a schedule I registration to handle U– 47700, must surrender all quantities of currently held U–47700. 3. Security. U–47700 is subject to schedule I security requirements and must be handled and stored pursuant to 21 U.S.C. 821, 823, 871(b), and in accordance with 21 CFR 1301.71– 1301.93, as of November 14, 2016. 4. Labeling and packaging. All labels, labeling, and packaging for commercial containers of U–47700 must be in compliance with 21 U.S.C. 825, 958(e), and be in accordance with 21 CFR part 1302. Current DEA registrants shall have 30 calendar days from November 14, 2016, to comply with all labeling and packaging requirements. 5. Inventory. Every DEA registrant who possesses any quantity of U–47700 on the effective date of this order must take an inventory of all stocks of this substance on hand, pursuant to 21 U.S.C. 827 and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11. Current DEA registrants shall have 30 calendar days from the effective date of this order to be in compliance with all inventory requirements. After the initial inventory, every DEA registrant must take an inventory of all controlled substances (including U– 47700) 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. 6. Records. All DEA registrants must maintain records with respect to U– 47700 pursuant to 21 U.S.C. 827 and 958, and in accordance with 21 CFR parts 1304, and 1312, 1317 and § 1307.11. Current DEA registrants shall have 30 calendar days from the effective date of this order to be in compliance with all recordkeeping requirements. 7. Reports. All DEA registrants who manufacture or distribute U–47700 must submit reports pursuant to 21 U.S.C. 827 and in accordance with 21 CFR parts 1304, and 1312 as of November 14, 2016. 8. Order Forms. All DEA registrants who distribute U–47700 must comply with order form requirements pursuant to 21 U.S.C. 828 and in accordance with 21 CFR part 1305 as of November 14, 2016. 9. Importation and Exportation. All importation and exportation of U–47700 must be in compliance with 21 U.S.C. 952, 953, 957, 958, and in accordance with 21 CFR part 1312 as of November 14, 2016. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 10. Quota. Only DEA registered manufacturers may manufacture U– 47700 in accordance with a quota assigned pursuant to 21 U.S.C. 826 and in accordance with 21 CFR part 1303 as of November 14, 2016. 11. Liability. Any activity involving U–47700 not authorized by, or in violation of the CSA, occurring as of November 14, 2016, is unlawful, and may subject the person to administrative, civil, and/or criminal sanctions. Regulatory Matters Section 201(h) of the CSA, 21 U.S.C. 811(h), provides for a temporary scheduling action where such action is necessary to avoid an imminent hazard to the public safety. As provided in this subsection, the Attorney General may, by order, schedule a substance in schedule I on a temporary basis. Such an order may not be issued before the expiration of 30 days from (1) the publication of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued, and (2) the date that notice of the proposed temporary scheduling order is transmitted to the Assistant Secretary. 21 U.S.C. 811(h)(1). Inasmuch as section 201(h) of the CSA directs that temporary scheduling actions be issued by order and sets forth the procedures by which such orders are to be issued, the DEA believes that the notice and comment requirements of the Administrative Procedure Act (APA) at 5 U.S.C. 553, do not apply to this temporary scheduling action. In the alternative, even assuming that this action might be subject to 5 U.S.C. 553, the Administrator finds that there is good cause to forgo the notice and comment requirements of 5 U.S.C. 553, as any further delays in the process for issuance of temporary scheduling orders would be impracticable and contrary to the public interest in view of the manifest urgency to avoid an imminent hazard to the public safety. Further, the DEA believes that this temporary scheduling action is not a ‘‘rule’’ as defined by 5 U.S.C. 601(2), and, accordingly, is not subject to the requirements of the Regulatory Flexibility Act. The requirements for the preparation of an initial regulatory flexibility analysis in 5 U.S.C. 603(a) are not applicable where, as here, the DEA is not required by the APA or any other law to publish a general notice of proposed rulemaking. Additionally, this action is not a significant regulatory action as defined by Executive Order 12866 (Regulatory Planning and Review), section 3(f), and, accordingly, this action has not been E:\FR\FM\14NOR1.SGM 14NOR1 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Rules and Regulations reviewed by the Office of Management and Budget (OMB). This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132 (Federalism) it is determined that this action does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. As noted above, this action is an order, not a rule. Accordingly, the Congressional Review Act (CRA) is inapplicable, as it applies only to rules. However, if this were a rule, pursuant to the Congressional Review Act, ‘‘any rule for which an agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the federal agency promulgating the rule determines.’’ 5 U.S.C. 808(2). It is in the public interest to schedule this substance immediately because it poses a public health risk. This temporary scheduling action is taken pursuant to 21 U.S.C. 811(h), which is specifically designed to enable the DEA to act in an expeditious manner to avoid an imminent hazard to the public safety. 21 U.S.C. 811(h) exempts the temporary scheduling order from standard notice and comment rulemaking procedures to ensure that the process moves swiftly. For the same reasons that underlie 21 U.S.C. 811(h), that is, the DEA’s need to move quickly to place this substance into schedule I because it poses an imminent hazard to the public safety and it would be contrary to the public interest to delay implementation of the temporary scheduling order. Therefore, this order shall take effect immediately upon its publication. The DEA has submitted a copy of this final order to both Houses of Congress and to the Comptroller General, although such filing is not required under the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act), 5 U.S.C. 801–808, because, as noted above, this action is an order, not a rule. Lhorne on DSK30JT082PROD with RULES 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 amends 21 CFR part 1308 as follows: VerDate Sep<11>2014 15:02 Nov 10, 2016 Jkt 241001 79393 Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If ■ 1. The authority citation for part 1308 you have questions on this temporary continues to read as follows: deviation, call or email Mr. Hal R. Pitts, Authority: 21 U.S.C. 811, 812, 871(b), Bridge Administration Branch Fifth unless otherwise noted. District, Coast Guard, telephone 757– 398–6222, email Hal.R.Pitts@uscg.mil. ■ 2. Amend § 1308.11 by adding SUPPLEMENTARY INFORMATION: The paragraph (h)(18) to read as follows: County of Cape May, NJ, that owns and § 1308.11 Schedule I. operates the Stone Harbor Boulevard * * * * * (CR657) Bridge across the Great (h) * * * Channel, mile 102.0, New Jersey (18) 3,4-Dichloro-N-[2Intracoastal Waterway, at Stone Harbor, (dimethylamino)cyclohexyl]-NNJ, has requested a temporary deviation methylbenzamide, its isomers, from the current operating regulations to esters, ethers, salts and salts of avoid bridge failure and perform isomers, esters and ethers emergency repairs to the bridge, due to (Other name: U–47700) ............. (9547) a serious crack in one of two main * * * * * bridge girders, causing the bridge to be unsafe for vehicular traffic and Dated: November 7, 2016. movement of the bascule spans. The Chuck Rosenberg, bridge is a bascule drawbridge and has Acting Administrator. a vertical clearance in the closed [FR Doc. 2016–27357 Filed 11–10–16; 8:45 am] position of 10 feet above mean high BILLING CODE 4410–09–P water. The current operating schedule is set out in 33 CFR 117.733(h). Under this DEPARTMENT OF HOMELAND temporary deviation, the bridge will SECURITY remain in the closed-to-navigation position until 4 p.m. on December 2, Coast Guard 2016. The Great Channel, New Jersey 33 CFR Part 117 Intracoastal Waterway is used by a [Docket No. USCG–2016–1008] variety of vessels including small public vessels, small commercial vessels, tug Drawbridge Operation Regulation; and barge traffic, and recreational Great Channel, New Jersey vessels. The Coast Guard has carefully Intracoastal Waterway, Stone Harbor, considered the nature and volume of NJ vessel traffic on the waterway in publishing this temporary deviation. AGENCY: Coast Guard, DHS. Vessels able to safely pass through the ACTION: Notice of deviation from bridge in the closed position may do so drawbridge regulation. at any time. The bridge will not be able to open for emergencies and there is no SUMMARY: The Coast Guard has issued a immediate alternate route for vessels to temporary deviation from the operating pass. The Coast Guard will also inform schedule that governs the Stone Harbor the users of the waterways through our Boulevard (CR657) Bridge across the Local and Broadcast Notices to Mariners Great Channel, mile 102.0, New Jersey Intracoastal Waterway, at Stone Harbor, of the change in operating schedule for the bridge so that vessel operators can NJ. This deviation is necessary to avoid arrange their transit to minimize any bridge failure and perform emergency bridge repairs. This deviation allows the impact caused by the temporary deviation. bridge to remain in the closed-toIn accordance with 33 CFR 117.35(e), navigation position. the drawbridge must return to its regular DATES: This deviation is effective operating schedule immediately at the without actual notice from November 14, 2016 through 4 p.m. on December 2, end of the effective period of this temporary deviation. This deviation 2016. For the purposes of enforcement, from the operating regulations is actual notice will be used from authorized under 33 CFR 117.35. November 8, 2016, until November 14, Dated: November 8, 2016. 2016. Hal R. Pitts, ADDRESSES: The docket for this Bridge Program Manager, Fifth Coast Guard deviation, [USCG–2016–1008] is available at https://www.regulations.gov. District. [FR Doc. 2016–27281 Filed 11–10–16; 8:45 am] Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. BILLING CODE 9110–04–P PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\14NOR1.SGM 14NOR1

Agencies

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Rules and Regulations]
[Pages 79389-79393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27357]


=======================================================================
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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-440]


Schedules of Controlled Substances: Temporary Placement of U-
47700 Into Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final order.

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

SUMMARY: The Administrator of the Drug Enforcement Administration is 
issuing this final order to temporarily schedule the synthetic opioid, 
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also 
known as U-47700), and its isomers, esters, ethers, salts and salts of 
isomers, esters and ethers, into schedule I pursuant to the temporary 
scheduling provisions of the Controlled Substances Act. This action is 
based on a finding by the Administrator that the placement of U-47700 
into schedule I of the Controlled Substances Act is necessary to avoid 
an imminent hazard to the public safety. As a result of this order, the 
regulatory controls and administrative, civil, and criminal sanctions 
applicable to schedule I controlled substances will be imposed on 
persons who handle (manufacture, distribute, reverse distribute, 
import, export, engage in research, conduct instructional activities or 
chemical analysis, or possess), or propose to handle, U-47700.

DATES: This final order is effective on November 14, 2016.

FOR FURTHER INFORMATION CONTACT: Michael J. Lewis, Diversion Control 
Division, Drug Enforcement Administration; Mailing Address: 8701 
Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-
6812.

SUPPLEMENTARY INFORMATION: 

Legal Authority

    The Drug Enforcement Administration (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

[[Page 79390]]

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, every 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 drug or other 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.
    Section 201 of the CSA, 21 U.S.C. 811, provides the Attorney 
General with the authority to temporarily place a substance into 
schedule I of the CSA for two years without regard to the requirements 
of 21 U.S.C. 811(b) if she finds that such action is necessary to avoid 
an imminent hazard to the public safety. 21 U.S.C. 811(h)(1). In 
addition, if proceedings to control a substance are initiated under 21 
U.S.C. 811(a)(1), the Attorney General may extend the temporary 
scheduling for up to one year. 21 U.S.C. 811(h)(2).
    Where the necessary findings are made, a substance may be 
temporarily scheduled if it is not listed in any other schedule under 
section 202 of the CSA, 21 U.S.C. 812, or if there is no exemption or 
approval in effect for the substance under section 505 of the Federal 
Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 355. 21 U.S.C. 
811(h)(1). The Attorney General has delegated her scheduling authority 
under 21 U.S.C. 811 to the Administrator of the DEA. 28 CFR 0.100.

Background

    Section 201(h)(4) of the CSA, 21 U.S.C. 811(h)(4), requires the 
Administrator to notify the Secretary of the Department of Health and 
Human Services (HHS) of his intention to temporarily place a substance 
into schedule I of the CSA.\1\ The Administrator transmitted the notice 
of intent to place U-47700 into schedule I on a temporary basis to the 
Assistant Secretary by letter dated April 18, 2016. The Assistant 
Secretary responded to this notice by letter dated April 28, 2016, and 
advised that based on review by the Food and Drug Administration (FDA), 
there are currently no investigational new drug applications or 
approved new drug applications for U-47700. The Assistant Secretary 
also stated that the HHS has no objection to the temporary placement of 
U-47700 into schedule I of the CSA. The DEA has taken into 
consideration the Assistant Secretary's comments as required by 21 
U.S.C. 811(h)(4). U-47700 is not currently listed in any schedule under 
the CSA, and no exemptions or approvals are in effect for U-47700 under 
section 505 of the FDCA, 21 U.S.C. 355. The DEA has found that the 
control of U-47700 in schedule I on a temporary basis is necessary to 
avoid an imminent hazard to the public safety, and as required by 21 
U.S.C. 811(h)(1)(A), a notice of intent to temporarily schedule U-47700 
was published in the Federal Register on September 7, 2016. 81 FR 
61636.
---------------------------------------------------------------------------

    \1\ As discussed in a memorandum of understanding entered into 
by 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 NIDA. 50 FR 9518, Mar. 8, 1985. The 
Secretary of the HHS has delegated to the Assistant Secretary for 
Health of the HHS the authority to make domestic drug scheduling 
recommendations. 58 FR 35460, July 1, 1993.
---------------------------------------------------------------------------

    To find that placing a substance temporarily into schedule I of the 
CSA is necessary to avoid an imminent hazard to the public safety, the 
Administrator is required to consider three of the eight factors set 
forth in section 201(c) of the CSA, 21 U.S.C. 811(c): The substance's 
history and current pattern of abuse; the scope, duration and 
significance of abuse; and what, if any, risk there is to the public 
health. 21 U.S.C. 811(h)(3). Consideration of these factors includes 
actual abuse, diversion from legitimate channels, and clandestine 
importation, manufacture, or distribution. 21 U.S.C. 811(h)(3).
    A substance meeting the statutory requirements for temporary 
scheduling may only be placed into schedule I. 21 U.S.C. 811(h)(1). 
Substances in schedule I are those that have a high potential for 
abuse, no currently accepted medical use in treatment in the United 
States, and a lack of accepted safety for use under medical 
supervision. 21 U.S.C. 812(b)(1). Available data and information for U-
47700, summarized below, indicate that this synthetic opioid has a high 
potential for abuse, no currently accepted medical use in treatment in 
the United States, and a lack of accepted safety for use under medical 
supervision. The DEA's updated three-factor analysis, and the Assistant 
Secretary's April 28, 2016, letter, are available in their entirety 
under the tab ``Supporting Documents'' of the public docket of this 
action at www.regulations.gov under FDMS Docket ID: DEA-2016-0016 
(Docket Number DEA-440).

Factor 4. History and Current Pattern of Abuse

    The recreational abuse of novel opioids continues to be a 
significant concern. These substances are distributed to users with 
often unpredictable outcomes. The novel synthetic opioid U-47700 has 
recently been encountered by law enforcement and public health 
officials and the adverse health effects and outcomes are documented in 
the scientific literature. Self-reporting by users describes the 
effects of U-47700 to be similar to other opioids. The negative effects 
documented in the scientific literature are also consistent with other 
opioids. The National Forensic Laboratory Information System (NFLIS) is 
a national drug forensic laboratory reporting system that 
systematically collects results from drug chemistry analyses conducted 
by participating Federal, State, and local forensic laboratories across 
the country. The DEA utilizes NFLIS to monitor for drug trends. The 
first laboratory submission of U-47700 was recorded in October 2015; a 
total of 88 records were reported from State and local forensic 
laboratories between October 2015--September 2016 according to NFLIS 
(query date: October 24, 2016).
    On October 1, 2014, the DEA implemented STARLiMS (a web-based, 
commercial laboratory information management system) as its laboratory 
drug evidence data system of record. DEA laboratory data submitted 
after September 30, 2014, are reposited in STARLiMS; data from STARLiMS 
were queried on November 1, 2016. STARLiMS registered 45 reports 
containing U-47700 in 2016 from California, Connecticut, Florida, 
Maryland, Montana, North Dakota, New Jersey, New York, Tennessee, 
Texas, Virginia, West Virginia, and the District of Columbia. Through 
information collected from NFLIS, law enforcement reports, and email 
communications, the DEA is aware of the identification of U-47700 from 
toxicology reports and submitted evidence to forensic laboratories in 
several states, including Arkansas, California, Colorado, Connecticut, 
Florida, Georgia, Iowa, Kentucky, Missouri, Montana, New

[[Page 79391]]

Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, 
Oklahoma, Oregon, Pennsylvania, Texas, and Wisconsin. These 
identifications occurred in 2015 and 2016.
    Evidence suggests that the pattern of abuse of U-47700 parallels 
that of heroin, prescription opioid analgesics, and other novel 
opioids. Seizures of U-47700 have been encountered in powder form and 
in counterfeit tablets that mimic pharmaceutical opioids. U-47700 has 
also been encountered in glassine bags and envelopes and knotted 
corners of plastic bags. These clandestine forms of distribution 
demonstrate the abuse of this substance as a replacement for heroin or 
other opioids, either knowingly or unknowingly. Further, U-47700 has 
been encountered as a single substance as well as in combination with 
other substances, including heroin, fentanyl, and furanyl fentanyl in 
drug exhibits.
    The scientific literature and information collected by DEA 
demonstrate U-47700 is being abused for its opioid properties. The 
distribution of U-47700 and the increased prevalence of abuse remain 
deeply concerning to the DEA.

Factor 5. Scope, Duration and Significance of Abuse

    The scientific literature and reports collected by the DEA 
demonstrate U-47700 is being abused for its opioid properties. This 
abuse of U-47700 has resulted in morbidity and mortality (see updated 
DEA 3-Factor Analysis for full discussion). The DEA has received 
reports for at least 46 confirmed fatalities \2\ associated with U-
47700. The information on these deaths occurring in 2015 and 2016 was 
collected from email communications and toxicology and medical examiner 
reports and was reported from New Hampshire (1), New York (31), North 
Carolina (10), Ohio (1), Texas (2), and Wisconsin (1). The scientific 
literature notes additional fatal overdoses connected to U-47700. The 
population likely to abuse U-47700 appears to overlap with the 
populations abusing prescription opioid analgesics, other ``designer 
opioids,'' and heroin, as evidenced by drug use history documented in 
U-47700 fatal overdose cases. This observation is further supported by 
U-47700 being sold on the illicit market in glassine bags, some of 
which are marked with stamped logos, imitating the sale of heroin. 
Additionally, U-47700 has been found in counterfeit pills. Because 
abusers of U-47700 are likely to obtain this substance through non-
regulated sources (i.e., on-line purchases or drug dealers), the 
identity, purity, and quantity are uncertain and inconsistent, thus 
posing significant adverse health risks to the end user. Individuals 
who initiate (i.e., use a drug for the first time) U-47700 abuse are 
likely to be at risk of developing substance use disorder, overdose, 
and death similar to that of other opioid analgesics (e.g., fentanyl, 
morphine, etc.).
---------------------------------------------------------------------------

    \2\ Due to a proofreading error, the number of fatalities listed 
in the U-47700 NOI, which was 15, is incorrect. The correct number, 
46, has been added to this Final Order.
---------------------------------------------------------------------------

    STARLiMS contains 45 reports in which U-47700 was identified in 
drug exhibits submitted in 2016. A query of NFLIS returned 88 records 
of U-47700 being identified in exhibits submitted to State and local 
forensic laboratories between October 2015--September 2016. The DEA is 
not aware of any laboratory analyses of drug evidence identifying U-
47700 prior to 2015, indicating that this synthetic opioid only 
recently became available as a replacement for other opioids that are 
commonly abused (i.e. oxycodone, heroin, fentanyl). U-47700 is 
available over the Internet and is marketed as a ``research chemical.'' 
The on-line sale and marketing of U-47700 are similar to other new 
psychoactive substances that have rapidly appeared on the recreational 
drug market and also resulted in negative consequences for the user.

Factor 6. What, if Any, Risk There Is to the Public Health

    U-47700 exhibits pharmacological profiles similar to that of 
morphine and other mu-opioid receptor agonists. Cases of intoxication 
are reported in the literature with morbidity and mortality associated 
with U-47700 use. The toxic effects of U-47700 in humans are 
demonstrated by overdoses and overdose fatalities associated with this 
substance, as reported in the scientific literature. Abusers of U-47700 
may not know the origin, identity, or purity of this substance, thus 
posing significant adverse health risks when compared to abuse of 
pharmaceutical preparations of opioid analgesics, such as morphine and 
oxycodone. Additionally, the potent opioid U-47700 may serve as a 
precursor to problematic opioid use and dependence.
    Based on reports in the scientific literature and information 
received by the DEA, the abuse of U-47700 leads to the same qualitative 
public health risks as heroin, fentanyl and other opioid analgesic 
substances. As with any non-medically approved opioid, the health and 
safety risks for users are great. The public health risks attendant to 
the abuse of heroin and opioid analgesics are well established and have 
resulted in large numbers of drug treatment admissions, emergency 
department visits, and fatal overdoses.
    U-47700 has been associated with a number of fatalities and non-
fatal overdoses as detailed in the scientific literature. The DEA has 
received information connecting U-47700 to at least 46 confirmed 
overdose deaths, occurring in 2015 and 2016 in New Hampshire (1), New 
York (31), North Carolina (10), Ohio (1), Texas (2), and Wisconsin (1).

Finding of Necessity of Schedule I Placement To Avoid Imminent Hazard 
to Public Safety

    In accordance with 21 U.S.C. 811(h)(3), based on the data and 
information summarized above, the continued uncontrolled manufacture, 
distribution, importation, exportation, and abuse of U-47700 pose an 
imminent hazard to the public safety. The DEA is not aware of any 
currently accepted medical uses for this substance in the United 
States. A substance meeting the statutory requirements for temporary 
scheduling, 21 U.S.C. 811(h)(1), may only be placed into schedule I. 
Substances in schedule I are those that have a high potential for 
abuse, no currently accepted medical use in treatment in the United 
States, and a lack of accepted safety for use under medical 
supervision. Available data and information for U-47700 indicate that 
this substance has a high potential for abuse, no currently accepted 
medical use in treatment in the United States, and a lack of accepted 
safety for use under medical supervision. As required by section 
201(h)(4) of the CSA, 21 U.S.C. 811(h)(4), the Administrator, through a 
letter dated April 18, 2016, notified the Assistant Secretary of the 
DEA's intention to temporarily place this substance into schedule I.

Conclusion

    In accordance with the provisions of section 201(h) of the CSA, 21 
U.S.C. 811(h), the Administrator considered available data and 
information, herein sets forth the grounds for his determination that 
it is necessary to temporarily schedule U-47700 into schedule I of the 
CSA, and finds that placement of this synthetic opioid into schedule I 
of the CSA is necessary to avoid an imminent hazard to the public 
safety. Because the Administrator hereby finds it necessary to 
temporarily place this synthetic opioid into schedule I to avoid an 
imminent hazard

[[Page 79392]]

to the public safety, this final order temporarily scheduling U-47700 
will be effective on the date of publication in the Federal Register, 
and will be in effect for a period of two years, with a possible 
extension of one additional year, pending completion of the regular 
(permanent) scheduling process. 21 U.S.C. 811(h) (1) and (2).
    The CSA sets forth specific criteria for scheduling a drug or other 
substance. Permanent scheduling actions in accordance with 21 U.S.C. 
811(a) are subject to formal rulemaking procedures done ``on the record 
after opportunity for a hearing'' conducted pursuant to the provisions 
of 5 U.S.C. 556 and 557. 21 U.S.C. 811. The permanent scheduling 
process of formal rulemaking affords interested parties with 
appropriate process and the government with any additional relevant 
information needed to make a determination. Final decisions that 
conclude the permanent scheduling process of formal rulemaking are 
subject to judicial review. 21 U.S.C. 877. Temporary scheduling orders 
are not subject to judicial review. 21 U.S.C. 811(h)(6).

Requirements for Handling

    Upon the effective date of this final order, U-47700 will become 
subject to the regulatory controls and administrative, civil, and 
criminal sanctions applicable to the manufacture, distribution, reverse 
distribution, importation, exportation, engagement in research, and 
conduct of instructional activities or chemical analysis with, and 
possession of schedule I controlled substances including the following:
    1. Registration. Any person who handles (manufactures, distributes, 
reverse distributes, imports, exports, engages in research, or conducts 
instructional activities or chemical analysis with, or possesses), or 
who desires to handle, U-47700 must 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, as of November 14, 
2016. Any person who currently handles U-47700, and is not registered 
with the DEA, must submit an application for registration and may not 
continue to handle U-47700 as of November 14, 2016, 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. 
Retail sales of schedule I controlled substances to the general public 
are not allowed under the CSA. Possession of any quantity of this 
substance in a manner not authorized by the CSA on or after November 
14, 2016 is unlawful and those in possession of any quantity of this 
substance may be subject to prosecution pursuant to the CSA.
    2. Disposal of stocks. Any person who does not desire or is not 
able to obtain a schedule I registration to handle U-47700, must 
surrender all quantities of currently held U-47700.
    3. Security. U-47700 is subject to schedule I security requirements 
and must be handled and stored pursuant to 21 U.S.C. 821, 823, 871(b), 
and in accordance with 21 CFR 1301.71-1301.93, as of November 14, 2016.
    4. Labeling and packaging. All labels, labeling, and packaging for 
commercial containers of U-47700 must be in compliance with 21 U.S.C. 
825, 958(e), and be in accordance with 21 CFR part 1302. Current DEA 
registrants shall have 30 calendar days from November 14, 2016, to 
comply with all labeling and packaging requirements.
    5. Inventory. Every DEA registrant who possesses any quantity of U-
47700 on the effective date of this order must take an inventory of all 
stocks of this substance on hand, pursuant to 21 U.S.C. 827 and 958, 
and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11. Current 
DEA registrants shall have 30 calendar days from the effective date of 
this order to be in compliance with all inventory requirements. After 
the initial inventory, every DEA registrant must take an inventory of 
all controlled substances (including U-47700) 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.
    6. Records. All DEA registrants must maintain records with respect 
to U-47700 pursuant to 21 U.S.C. 827 and 958, and in accordance with 21 
CFR parts 1304, and 1312, 1317 and Sec.  1307.11. Current DEA 
registrants shall have 30 calendar days from the effective date of this 
order to be in compliance with all recordkeeping requirements.
    7. Reports. All DEA registrants who manufacture or distribute U-
47700 must submit reports pursuant to 21 U.S.C. 827 and in accordance 
with 21 CFR parts 1304, and 1312 as of November 14, 2016.
    8. Order Forms. All DEA registrants who distribute U-47700 must 
comply with order form requirements pursuant to 21 U.S.C. 828 and in 
accordance with 21 CFR part 1305 as of November 14, 2016.
    9. Importation and Exportation. All importation and exportation of 
U-47700 must be in compliance with 21 U.S.C. 952, 953, 957, 958, and in 
accordance with 21 CFR part 1312 as of November 14, 2016.
    10. Quota. Only DEA registered manufacturers may manufacture U-
47700 in accordance with a quota assigned pursuant to 21 U.S.C. 826 and 
in accordance with 21 CFR part 1303 as of November 14, 2016.
    11. Liability. Any activity involving U-47700 not authorized by, or 
in violation of the CSA, occurring as of November 14, 2016, is 
unlawful, and may subject the person to administrative, civil, and/or 
criminal sanctions.

Regulatory Matters

    Section 201(h) of the CSA, 21 U.S.C. 811(h), provides for a 
temporary scheduling action where such action is necessary to avoid an 
imminent hazard to the public safety. As provided in this subsection, 
the Attorney General may, by order, schedule a substance in schedule I 
on a temporary basis. Such an order may not be issued before the 
expiration of 30 days from (1) the publication of a notice in the 
Federal Register of the intention to issue such order and the grounds 
upon which such order is to be issued, and (2) the date that notice of 
the proposed temporary scheduling order is transmitted to the Assistant 
Secretary. 21 U.S.C. 811(h)(1).
    Inasmuch as section 201(h) of the CSA directs that temporary 
scheduling actions be issued by order and sets forth the procedures by 
which such orders are to be issued, the DEA believes that the notice 
and comment requirements of the Administrative Procedure Act (APA) at 5 
U.S.C. 553, do not apply to this temporary scheduling action. In the 
alternative, even assuming that this action might be subject to 5 
U.S.C. 553, the Administrator finds that there is good cause to forgo 
the notice and comment requirements of 5 U.S.C. 553, as any further 
delays in the process for issuance of temporary scheduling orders would 
be impracticable and contrary to the public interest in view of the 
manifest urgency to avoid an imminent hazard to the public safety.
    Further, the DEA believes that this temporary scheduling action is 
not a ``rule'' as defined by 5 U.S.C. 601(2), and, accordingly, is not 
subject to the requirements of the Regulatory Flexibility Act. The 
requirements for the preparation of an initial regulatory flexibility 
analysis in 5 U.S.C. 603(a) are not applicable where, as here, the DEA 
is not required by the APA or any other law to publish a general notice 
of proposed rulemaking.
    Additionally, this action is not a significant regulatory action as 
defined by Executive Order 12866 (Regulatory Planning and Review), 
section 3(f), and, accordingly, this action has not been

[[Page 79393]]

reviewed by the Office of Management and Budget (OMB).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132 (Federalism) it is determined that this action does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    As noted above, this action is an order, not a rule. Accordingly, 
the Congressional Review Act (CRA) is inapplicable, as it applies only 
to rules. However, if this were a rule, pursuant to the Congressional 
Review Act, ``any rule for which an agency for good cause finds that 
notice and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest, shall take effect at such time as the 
federal agency promulgating the rule determines.'' 5 U.S.C. 808(2). It 
is in the public interest to schedule this substance immediately 
because it poses a public health risk. This temporary scheduling action 
is taken pursuant to 21 U.S.C. 811(h), which is specifically designed 
to enable the DEA to act in an expeditious manner to avoid an imminent 
hazard to the public safety. 21 U.S.C. 811(h) exempts the temporary 
scheduling order from standard notice and comment rulemaking procedures 
to ensure that the process moves swiftly. For the same reasons that 
underlie 21 U.S.C. 811(h), that is, the DEA's need to move quickly to 
place this substance into schedule I because it poses an imminent 
hazard to the public safety and it would be contrary to the public 
interest to delay implementation of the temporary scheduling order. 
Therefore, this order shall take effect immediately upon its 
publication. The DEA has submitted a copy of this final order to both 
Houses of Congress and to the Comptroller General, although such filing 
is not required under the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Congressional Review Act), 5 U.S.C. 801-808, 
because, as noted above, this action is an order, not a rule.

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 amends 21 CFR part 1308 as 
follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

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

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


0
2. Amend Sec.  1308.11 by adding paragraph (h)(18) to read as follows:


Sec.  1308.11  Schedule I.

* * * * *
    (h) * * *

(18) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-              (9547)
 methylbenzamide, its isomers, esters, ethers, salts and salts
 of isomers, esters and ethers (Other name: U-47700)..........
 

* * * * *

    Dated: November 7, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-27357 Filed 11-10-16; 8:45 am]
 BILLING CODE 4410-09-P
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