International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Butorphanol; Delta-9-tetrahydrocannabinol (Dronabinol); Gamma-Hydroxybutyric Acid; Ketamine; Khat; Tramadol; Zopiclone; Buprenorphine; Oripavine, 73775-73779 [05-23958]

Download as PDF 73775 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices accepted definition of what constitutes a stillbirth, and there are no universally recommended, standardized stillbirth evaluation protocols in use for the evaluation of fetal deaths. The proposed survey has been designed to evaluate and assess the knowledge, attitudes and practice management patterns of obstetricians in the metropolitan Atlanta area regarding stillbirths in general, as well as in their medical practice. This information will be used to identify prevailing deficiencies leading to incomplete and inaccurate reporting of data relative to stillbirths, and to develop targeted awareness and educational strategies for participating MACDP facilities. Ongoing, accurate and reliable population-based registries of stillbirths are essential for conducting epidemiologic studies on the causes of and risk factors for this pregnancy outcome. This survey will be mailed to randomly selected obstetricians whose practices serve residents of the 5 counties comprising metropolitan Atlanta. This survey will be conducted once and will take approximately 2–3 months to collect the data. NCBDDD is requesting OMB clearance for 1 (one) year. There is no cost to the survey respondents except for the time necessary to complete the survey. ESTIMATED ANNUALIZED BURDEN TABLE Respondents (type) Respondents (number) Obstetricians ............................................................................................ Total .................................................................................................. Dated: December 7, 2005. Joan F. Karr, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E5–7260 Filed 12–12–05; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005N–0479] International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Butorphanol; Delta–9– tetrahydrocannabinol (Dronabinol); Gamma-Hydroxybutyric Acid; Ketamine; Khat; Tramadol; Zopiclone; Buprenorphine; Oripavine AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is requesting interested persons to submit comments concerning abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use of nine drug substances. These comments will be considered in preparing a response from the United States to the World Health Organization (WHO) regarding the abuse liability and diversion of these drugs. WHO will use this information to consider whether to recommend that certain international restrictions be placed on these drugs. This notice requesting comments is required by the Controlled Substances Act (CSA). DATES: Submit written or electronic comments by January 12, 2006. VerDate Aug<31>2005 00:22 Dec 13, 2005 Jkt 208001 600 600 Number of responses per respondent Average burden per response (in hrs.) 1 .......................... 30/60 .......................... Submit written comments to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to https:// www.fda.gov/dockets/ecomments. FOR FURTHER INFORMATION CONTACT: James R. Hunter, Center for Drug Evaluation and Research (HFD–9), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–443– 5563, e mail: hunterj@cder.FDA.gov. SUPPLEMENTARY INFORMATION: The United States is a party to the 1971 Convention on Psychotropic Substances. Article 2 of the Convention on Psychotropic Substances provides that if a party to the convention or WHO has information about a substance, which in its opinion may require international control or change in such control, it shall so notify the Secretary General of the United Nations and provide the Secretary General of the United Nations with information in support of its opinion. The CSA (21 U.S.C. 811 et seq.) (Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970) provides that when WHO notifies the United States under Article 2 of the Convention on Psychotropic Substances that it has information that may justify adding a drug or other substances to one of the schedules of the convention, transferring a drug or substance from one schedule to another, or deleting it from the schedules, the Secretary of State must transmit the notice to the Secretary of the Department of Health and Human Services (the Secretary of HHS). The Secretary of HHS must then publish the notice in the Federal Register and provide opportunity for interested persons to submit comments that will be considered by HHS in its ADDRESSES: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Total burden (in hrs.) 300 300 preparation of the scientific and medical evaluations of the drug or substance. I. WHO Notification The Secretary of HHS received the following notices from WHO: Ref: C.L.29.2005 WHO Questionnaire for Collection of Information for Review of DependenceProducing Psychoactive Substances The WHO presents its compliments and has the pleasure of informing Member States and Associate Members that the Thirty-fourth Expert Committee on Drug Dependence will meet from March 28 to 31, 2006 to review the following substances: 1. Butorphanol (INN) 2. Dronabinol (INN)1 3. Gamma-hydroxybutyric acid 4. Ketamine (INN) 5. Khat (Catha edulis Forsk) 6. Tramadol (INN) 7. Zopiclone (INN) As a follow-up for the thirty-third meeting of the Expert Committee on Drug Dependence, final decisions will be taken for buprenorphine (INN) and oripavine (INN). One of the essential elements of the established review procedure is for the Secretariat to collect relevant information from Member States to prepare a Critical Review Report for submission to the Expert Committee on Drug Dependence. WHO invites Member States to collaborate, as in the past, in this process by providing pertinent information mentioned in the attached questionnaire concerning substances listed above. Further clarification on any of the above items can be obtained from Quality Assurance and Safety: Medicines, Department of Medicines Policy and Standards, WHO, Geneva, to which replies should be sent not later than January 3, 2006. WHO takes this opportunity to renew to Member States and Associate Members the assurance of its highest consideration. GENEVA, October 27, 2005 * * 1Including E:\FR\FM\13DEN1.SGM * * * its stereo-isomers. 13DEN1 73776 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices If statistical information requested is not readily available, a brief descriptive answer would be appreciated. Please attach copies of relevant study reports and other background information as appropriate. * * * * * 1. BUTORPHANOL (INN) 1. LEGITIMATE USE OF THE SUBSTANCE Trade Name Dosage Form 1.2 If the answer to 1.1 is ‘‘no,’’ is there other legitimate use of the substance? (Yes/ No) If ‘‘yes,’’ please describe the purpose of use. 1.3 If there is legitimate use of the substance, how is the substance supplied? (Imported/Manufactured in the country) 2. ABUSE OF THE SUBSTANCE 2.1 Is the substance abused or misused2 in your country? (Yes/No/No Information) 2.2 If ‘‘yes,’’ any information on the extent of abuse? 2.3 Any information on the extent of public health or social problems associated with the abuse of the substance (statistics on cases of overdose deaths, dependence, etc.)? 3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE 3.1 Any information on the nature and extent of illicit activities involving the substance (clandestine manufacture, smuggling, diversion, seizure, etc.)? 4. IMPACT OF SCHEDULING 4.1 If butorphanol is placed under international control, do you think that its Trade Name Dosage Form 1.2 If the answer to 1.1 is ‘‘no,’’ is there other legitimate use of the substance? (Yes/ No) If ‘‘yes,’’ please describe the purpose of use. 1.3 If there is legitimate use of the substance, how is the substance supplied? (Imported/Manufactured in the country) 2. ABUSE OF THE SUBSTANCE 2.1 Is the substance abused or misused in your country? (Yes/No/No information) 2.2 If ‘‘yes,’’ any information on the extent of abuse? 2.3 Any information on the extent of public health or social problems associated with the abuse of the substance (statistics on cases of overdose deaths, dependence, etc.)? 3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE 3.1 Any information on the nature and extent of illicit activities involving the substance (clandestine manufacture, smuggling, diversion, seizure, etc.)? Trade Name Dosage Form 1.2 If the answer to 1.1 is ‘‘no,’’ is there other legitimate use of the substance? (Yes/ No) If ‘‘yes,’’ please describe the purpose of use. 1.3 If there is legitimate use of the substance, how is the substance supplied? (Imported/Manufactured in the country) 2. ABUSE OF THE SUBSTANCE 2.1 Is the substance abused or misused in your country? (Yes/No/No information) 2.2 If ‘‘yes,’’ any information on the extent of abuse? 2.3 Any information on the extent of public health or social problems associated with the abuse of the substance (statistics on cases of overdose deaths, dependence, etc.)? 3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE 3.1 Any information on the nature and extent of illicit activities involving the substance (clandestine manufacture, smuggling, diversion, seizure, etc.)? 1.1 Is the substance currently registered as a medical product? (Yes/No) If ‘‘yes,’’ since when (year of marketing)? 19lll Please indicate trade name(s), dosage form(s) with strength(s) and indication(s): Strength(s) availability for medical use will be affected? (Yes/No) 4.2 If ‘‘yes,’’ how do you think the transfer will impact its medical availability? 2. DRONABINOL (INN) AND ITS STEREOISOMERS 1. LEGITIMATE USE OF THE SUBSTANCE 1.1 Is the substance currently registered as a medical product? (Yes/No) If ‘‘yes,’’ since when (year of marketing)? 19lll Please indicate trade name(s), dosage form(s) with strength(s) and indication(s): Strength(s) 00:22 Dec 13, 2005 Jkt 208001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Indication(s) 3. GAMMA-HYDROXYBUTYRIC ACID (GHB) 1. LEGITIMATE USE OF THE SUBSTANCE 1.1 Is the substance currently registered as a medical product? (Yes/No) If ‘‘yes,’’ since when (year of marketing)? 19lll Please indicate trade name(s), dosage form(s) with strength(s) and indication(s): Strength(s) Indication(s) 4. IMPACT OF TRANSFER TO SCHEDULE II or III OF THE CONVENTION ON PSYCHOTROPIC SUBSTANCES, 1971, ON MEDICAL AVAILABILITY 4.1 If gamma-hydroxybutyric acid is transferred from Schedule IV of the Convention on Psychotropic Substances, 1971, to either Schedule II or III of the Convention on Psychotropic Substances, do you think that its availability for medical use will be affected? (Yes/No) 4.2 If ‘‘yes,’’ how do you think the transfer will impact its medical availability? 2In this questionnaire, ‘‘abuse or misuse’’ refers to use of the substance other than for medical or scientific purposes. VerDate Aug<31>2005 Indication(s) E:\FR\FM\13DEN1.SGM 13DEN1 73777 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices 4. KETAMINE (INN) 1. LEGITIMATE USE OF THE SUBSTANCE 1.1 Is the substance currently registered as a medical product? (Yes/No) If ‘‘yes,’’ since when (year of marketing)? 19lll Trade Name Dosage Form 1.2 If the answer to 1.1 is ‘‘no,’’ is there other legitimate use of the substance? (Yes/ No) If ‘‘yes,’’ please describe the purpose of use. 1.3 If there is legitimate use of the substance, how is the substance supplied? (Imported/Manufactured in the country) 2. ABUSE OF THE SUBSTANCE 2.1 Is the substance abused or misused in your country? (Yes/No/No information) 2.2 If ‘‘yes,’’ any information on the extent of abuse? 2.3 Any information on the extent of public health or social problems associated with the abuse of the substance (statistics on cases of overdose deaths, dependence, etc.)? 3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE 3.1 Any information on the nature and extent of illicit activities involving the substance (clandestine manufacture, smuggling, diversion, seizure, etc.)? 4. IMPACT OF SCHEDULING 4.1 If ketamine is placed under international control, do you think that its Trade Name Dosage Form 1.2 If the answer to 1.1 is ‘‘no,’’ is there other legitimate use of the substance? (Yes/ No) If ‘‘yes,’’ please describe the purpose of use. 1.3 If there is legitimate use of the substance, how is the substance supplied? (Imported/Manufactured in the country) 2. ABUSE OF THE SUBSTANCE 2.1 Is the substance abused or misused in your country? (Yes/No/No information) 2.2 If ‘‘yes,’’ any information on the extent of abuse? 2.3 Any information on the extent of public health or social problems associated with the abuse of the substance (statistics on cases of overdose deaths, dependence, etc.)? 3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE 3.1 Any information on the nature and extent of illicit activities involving the substance (clandestine manufacture, smuggling, diversion, seizure, etc.)? 4. IMPACT OF SCHEDULING 4.1 If khat is placed under international control, do you think that its availability for medical use will be affected? (Yes/No) Trade Name Dosage Form 1.2 If the answer to 1.1 is ‘‘no,’’ is there other legitimate use of the substance? (Yes/ No) If ‘‘yes,’’ please describe the purpose of use. 1.3 If there is legitimate use of the substance, how is the substance supplied? (Imported/Manufactured in the country) 2. ABUSE OF THE SUBSTANCE 2.1 Is the substance abused or misused in your country? (Yes/No/No information) 2.2 If ‘‘yes,’’ any information on the extent of abuse? VerDate Aug<31>2005 00:22 Dec 13, 2005 Jkt 208001 2.3 Any information on the extent of public health or social problems associated with the abuse of the substance (statistics on cases of overdose deaths, dependence, etc.)? 3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE 3.1 Any information on the nature and extent of illicit activities involving the substance (clandestine manufacture, smuggling, diversion, seizure, etc.)? 4. IMPACT OF SCHEDULING 4.1 If tramadol is placed under international control, do you think that its PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Please indicate trade name(s), dosage form(s) with strength(s) and indication(s): Strength(s) Indication(s) availability for medical use will be affected? (Yes/No) 4.2 If ‘‘yes,’’ how do you think the transfer will impact its medical availability? 5. KHAT (CATHA EDULIS Forsk.) 1. LEGITIMATE USE OF THE SUBSTANCE 1.1 Is the substance currently registered as a medical product? (Yes/No) If ‘‘yes,’’ since when (year of marketing)? 19lll Please indicate trade name(s), dosage form(s) with strength(s) and indication(s): Strength(s) Indication(s) 4.2 If ‘‘yes,’’ how do you think the transfer will impact its medical availability? 6. TRAMADOL (INN) 1. LEGITIMATE USE OF THE SUBSTANCE 1.1 Is the substance currently registered as a medical product? (Yes/No) If ‘‘yes,’’ since when (year of marketing)? 19lll Please indicate trade name(s), dosage form(s) with strength(s) and indication(s): Strength(s) Indication(s) availability for medical use will be affected? (Yes/No) 4.2 If ‘‘yes,’’ how do you think the transfer will impact its medical availability? 7. ZOPICLONE (INN) 1. LEGITIMATE USE OF THE SUBSTANCE 1.1 Is the substance currently registered as a medical product? (Yes/No) If ‘‘yes,’’ since when (year of marketing)? 19lll Please indicate trade name(s), dosage form(s) with strength(s) and indication(s): E:\FR\FM\13DEN1.SGM 13DEN1 73778 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices Trade Name Dosage Form 1.2 If the answer to 1.1 is ‘‘no,’’ is there other legitimate use of the substance? (Yes/ No) If ‘‘yes,’’ please describe the purpose of use. 1.3 If there is legitimate use of the substance, how is the substance supplied? (Imported/Manufactured in the country) 2. ABUSE OF THE SUBSTANCE 2.1 Is the substance abused or misused in your country? (Yes/No/No information) 2.2 If ‘‘yes,’’ any information on the extent of abuse? 2.3 Any information on the extent of public health or social problems associated with the abuse of the substance (statistics on cases of overdose deaths, dependence, etc.)? 3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE 3.1 Any information on the nature and extent of illicit activities involving the substance (clandestine manufacture, smuggling, diversion, seizure, etc.)? 4. IMPACT OF SCHEDULING 4.1 If zopiclone is placed under international control, do you think that its availability for medical use will be affected? (Yes/No) 4.2 If ‘‘yes,’’ how do you think the transfer will impact its medical availability? 8. BUPRENORPHINE (INN) 1. IMPACT OF TRANSFER TO SCHEDULE I OF THE SINGLE CONVENTION ON NARCOTIC DRUGS, 1961, ON MEDICAL AVAILABILITY 1.1 If buprenorphine is transferred from Schedule III of the Convention on Psychotropic Substances, 1971, to Schedule I of the Single Convention on Narcotic Drugs, 1961, do you think that its availability for medical use will be affected? (Yes/No) 1.2 If ‘‘yes,’’ how do you think the transfer will impact its medical availability? II. Background Butorphanol is classified as a synthetic opiate partial agonist analgesic. It is marketed in the United States for the management of pain as an injectable and as a nasal spray solution. It is controlled domestically in Schedule IV of the CSA and is not controlled internationally under the Psychotropic Convention or the Single Convention on Narcotic Drugs. Synthetic delta–9– tetrahydrocannabinol (delta–9–THC), or dronabinol, is the active component of the drug product Marinol, which is marketed in the United States as an antiemetic in the setting of cancer chemotherapy and for treatment of AIDS wasting syndrome. Marinol is currently VerDate Aug<31>2005 00:22 Dec 13, 2005 Jkt 208001 controlled in Schedule III of the CSA, and the drug substance dronabinol (which is the synthetic equivalent of the natural active component of marijuana, delta–9–THC) is controlled in Schedule I of the CSA. The drug substance dronabinol, including its isomers, is controlled internationally in Schedule II of the Psychotropic Convention. Gamma-hydroxybutyric acid (GHB) is classified as a central nervous system depressant. In 2002, FDA approved a GHB-containing product, Xyrem, for the treatment of cataplexy associated with narcolepsy. Xyrem was approved under the regulations in 21 CFR part 314, subpart H (21 CFR 314.520), and the product labeling contained a comprehensive risk management program, which includes restricted distribution of the drug through a central pharmacy. Xyrem is controlled domestically in Schedule III of the CSA, while bulk GHB and all other material containing GHB is controlled in Schedule I. In addition, illicit use of Xyrem is subject to Schedule I penalties of the CSA. GHB is controlled internationally in Schedule IV of the Psychotropic Convention. Ketamine is classified as a rapidacting general anesthetic agent used for short diagnostic and surgical procedures that do not require skeletal muscle relaxation. It is marketed in the United States as an injectable. Ketamine is controlled domestically in Schedule III of the CSA. It is not controlled internationally under the Psychotropic Convention or the Single Convention on Narcotic Drugs. Khat (or qat) refers to the leaves and young shoots of the plant Cathia edulis Forsk. The principal psychoactive substances contained in khat leaves are cathinone and cathine. Cathinone (aketoamphetamine) is a monoamine alkaloid that is controlled domestically and internationally in Schedule I. The DEA published a final rule on January 14, 1993 (58 FR 4316), that results in the placement of any material that contains cathinone into Schedule I, which includes khat. Cathine, also a monoamine alkaloid, is controlled domestically in Schedule IV of the CSA and internationally in Schedule III drug under the Convention on Psychotropic Substances. In 1980, WHO classified khat as a drug of abuse that can produce mild to moderate psychic dependence, however khat is not controlled PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Strength(s) Indication(s) internationally under the Psychotropic Convention or the Single Convention on Narcotic Drugs. Tramadol is a centrally acting synthetic analgesic. At least two complementary mechanisms of action appear applicable: binding of parent and metabolite to mu-opioid receptors and inhibition of the reuptake of norepinephrine and serotonin. It is marketed in the United States for the treatment of moderate to moderately severe pain. Cases of abuse and dependence of tramadol have been reported. It is not controlled in the United States under the CSA or controlled internationally under the Psychotropic Convention or the Single Convention on Narcotic Drugs. Zopiclone is classified as a nonbenzodiazepine hypnotic. The pure enantiomer (optical isomer) of zopiclone, eszopiclone, is marketed in the United States for the treatment of insomnia. The precise mechanism of action of eszopiclone as a hypnotic is unknown, but its effect is believed to result from its interaction with gammaaminobutyric acid (GABA)-receptor complexes at binding domains located close to or allosterically coupled to benzodiazepine receptors. Eszopiclone and zopiclone are controlled domestically in Schedule IV of the CSA and are not controlled internationally under the Psychotropic Convention or Single Convention on Narcotic Drugs. Buprenorphine is a semisynthetic opium derivative with partial mu-opioid receptor agonist activity. In the United States, buprenorphine is available as a parenteral product marketed for the relief of moderate to severe pain, as a sublingual single-entity tablet, and as a sublingual combination tablet with naloxone. The sublingual tablets are used for the treatment of opiate addiction. Buprenorphine is controlled domestically in Schedule III of the CSA as a narcotic and is controlled internationally in Schedule III of the Psychotropic Convention. Oripavine is a phenanthrene alkaloid contained in the species of the Papaver plant. It is a chemical derivative of thebaine, a naturally-occurring substance found in the opium plant. Oripavine is controlled domestically in Schedule II of the CSA because it is a derivative of thebaine, opium, and other opiates. Oripavine is not under international control. E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 70, No. 238 / Tuesday, December 13, 2005 / Notices III. Opportunity to Submit Domestic Information DEPARTMENT OF HEALTH AND HUMAN SERVICES As required by section 201(d)(2)(A) of the CSA (21 U.S.C. 811(d)(2)(A)), FDA, on behalf of HHS, invites interested persons to submit comments regarding the nine named drugs. Any comments received will be considered by HHS when it prepares a scientific and medical evaluation of these drugs. HHS will forward a scientific and medical evaluation of these drugs to WHO, through the Secretary of State, for WHO’s consideration in deciding whether to recommend international control/decontrol of any of these drugs. Such control could limit, among other things, the manufacture and distribution (import/export) of these drugs and could impose certain recordkeeping requirements on them. HHS will not now make any recommendations to WHO regarding whether any of these drugs should be subjected to international controls. Instead, HHS will defer such consideration until WHO has made official recommendations to the Commission on Narcotic Drugs, which are expected to be made in early 2006. Any HHS position regarding international control of these drugs will be preceded by another Federal Register notice soliciting public comments as required by section 201(d)(2)(B) of the CSA. National Institutes of Health IV. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) written or electronic comments regarding the drugs. The abbreviated comment period is necessary to allow sufficient time to prepare and submit the domestic information package by the deadline imposed by WHO. Two copies of any comments are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: December 5, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–23958 Filed 12–12–05; 8:45 am] BILLING CODE 4160–01–S VerDate Aug<31>2005 00:22 Dec 13, 2005 Jkt 208001 Government-Owned Inventions; Availability for Licensing National Institutes of Health, Public Health Service, HHS. ACTION: Notice. AGENCY: SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852–3804; telephone: 301/ 496–7057; fax: 301/402–0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Tri-Functional Nanospheres Yun-bo Shi (NICHD) et al. U.S. Patent Application No. 11/135,380 filed 24 May 2005 (HHS Reference No. E–145–2005/0–US–01). Licensing Contact: Cristina Thalhammer-Reyero; 301/435–4507; thalhamc@mail.nih.gov. Available for licensing and commercial development is an invention related to ‘‘biofunctional’’ trifunctional nanospheres (TFNs) or multifunctional nanospheres (MFNs) obtained by binding one or more biomaterials, such as folate, IgG, biotin or streptavidin, to fluorescent-magnetic bifunctional nanospheres (BFNs). Unlike other BFNs available, which are virtually all based on having a magnetic core, the present invention is based on mesoporous BFNs with hydrophobic inner cavities. The properties of the TFNs of the subject invention have superior qualities for use for the various applications that require aqueous solutions. Nanospheres are becoming the materials of choice for a rapidly increasing number of pharmaceutical and biomedical applications, including the use of quantum dots (QDs) and magnetic nanoparticles. Materials with PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 73779 the combined function of fluorescent labeling and magnetic separation have many applications in biomedical science, including those resulting from the encapsulation of both particles in polymer microcapsules. However, these related prior technologies are predominantly dependent on core-shell type technologies. Typically, a magnetic material such as magnetite or a fluorescent particle such as a QD is used as a core. Such a core-shell structure is chemically unstable and disadvantageous for fluorescence applications because the shell tends to absorb either or both of the excitation and emission lights, thus dimming the fluorescent signal. The nanoparticles of this invention are composed of a mesoporous copolymer, a magnetic material embedded into the mesoporous copolymer, a fluorescent nanomaterial concurrently embedded into the mesoporous copolymer, and one or more biomaterials coupled to the mesoporous copolymer. TFNs and MFNs have multiple uses. When the TFNs are labeled by a single biomaterial, the nanoparticles may specifically bind to a cell, or a protein or any other moiety that to which the biomaterial specifically binds. For instance, the biomaterial may be a small molecule ligand that is specifically bound by a cell surface receptor. MFNs in which two bioagents are coupled to single BFNs allow using one bioagent to target a macromolecule or a cell and using the second one to alter the function/properties of the macromolecule or cell, e.g., using a protein to target a cell and using a toxin or cell death protein to kill the targeted cell, or using a chemical or protein to target a protein within a complex and another one to alter the function of a different component of the complex. The technology is further described in ‘‘Biofunctionalization of fluorescentmagnetic-biofunctional nanospheres and their applications,’’ Guo-Ping Wang, Er-Qun Song, Hai-Yan Xie, Zhi-Ling Zhang, Zhi-Quan Tian, Chao Zuo, DaiWen Pang, Dao-Cheng Wu and Yun-Bo Shi; Chemical Communications, 2005, (34), 4276–4278; DOI: 10.1039/ b508075d. In addition to licensing, the technology is available for further development through collaborative research opportunities with the inventors. Efficient Growth of Wild-Type Hepatitis A Virus in Cell Culture for Development of Live Vaccines Gerarado Kaplan and Krishnamurthy Konduru (FDA). E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Pages 73775-73779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23958]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2005N-0479]


International Drug Scheduling; Convention on Psychotropic 
Substances; Single Convention on Narcotic Drugs; Butorphanol; Delta-9-
tetrahydrocannabinol (Dronabinol); Gamma-Hydroxybutyric Acid; Ketamine; 
Khat; Tramadol; Zopiclone; Buprenorphine; Oripavine

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is requesting 
interested persons to submit comments concerning abuse potential, 
actual abuse, medical usefulness, trafficking, and impact of scheduling 
changes on availability for medical use of nine drug substances. These 
comments will be considered in preparing a response from the United 
States to the World Health Organization (WHO) regarding the abuse 
liability and diversion of these drugs. WHO will use this information 
to consider whether to recommend that certain international 
restrictions be placed on these drugs. This notice requesting comments 
is required by the Controlled Substances Act (CSA).

DATES: Submit written or electronic comments by January 12, 2006.

ADDRESSES: Submit written comments to the Division of Dockets 
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, 
rm. 1061, Rockville, MD 20852. Submit electronic comments to https://
www.fda.gov/dockets/ecomments.

FOR FURTHER INFORMATION CONTACT: James R. Hunter, Center for Drug 
Evaluation and Research (HFD-9), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-443-5563, e mail: 
hunterj@cder.FDA.gov.

SUPPLEMENTARY INFORMATION: The United States is a party to the 1971 
Convention on Psychotropic Substances. Article 2 of the Convention on 
Psychotropic Substances provides that if a party to the convention or 
WHO has information about a substance, which in its opinion may require 
international control or change in such control, it shall so notify the 
Secretary General of the United Nations and provide the Secretary 
General of the United Nations with information in support of its 
opinion.
    The CSA (21 U.S.C. 811 et seq.) (Title II of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970) provides that when WHO 
notifies the United States under Article 2 of the Convention on 
Psychotropic Substances that it has information that may justify adding 
a drug or other substances to one of the schedules of the convention, 
transferring a drug or substance from one schedule to another, or 
deleting it from the schedules, the Secretary of State must transmit 
the notice to the Secretary of the Department of Health and Human 
Services (the Secretary of HHS). The Secretary of HHS must then publish 
the notice in the Federal Register and provide opportunity for 
interested persons to submit comments that will be considered by HHS in 
its preparation of the scientific and medical evaluations of the drug 
or substance.

I. WHO Notification

    The Secretary of HHS received the following notices from WHO:
    Ref: C.L.29.2005

WHO Questionnaire for Collection of Information for Review of 
Dependence-Producing Psychoactive Substances

    The WHO presents its compliments and has the pleasure of 
informing Member States and Associate Members that the Thirty-fourth 
Expert Committee on Drug Dependence will meet from March 28 to 31, 
2006 to review the following substances:
    1. Butorphanol (INN)
    2. Dronabinol (INN)\1\
---------------------------------------------------------------------------

    \1\Including its stereo-isomers.
---------------------------------------------------------------------------

    3. Gamma-hydroxybutyric acid
    4. Ketamine (INN)
    5. Khat (Catha edulis Forsk)
    6. Tramadol (INN)
    7. Zopiclone (INN)
    As a follow-up for the thirty-third meeting of the Expert 
Committee on Drug Dependence, final decisions will be taken for 
buprenorphine (INN) and oripavine (INN).
    One of the essential elements of the established review 
procedure is for the Secretariat to collect relevant information 
from Member States to prepare a Critical Review Report for 
submission to the Expert Committee on Drug Dependence. WHO invites 
Member States to collaborate, as in the past, in this process by 
providing pertinent information mentioned in the attached 
questionnaire concerning substances listed above.
    Further clarification on any of the above items can be obtained 
from Quality Assurance and Safety: Medicines, Department of 
Medicines Policy and Standards, WHO, Geneva, to which replies should 
be sent not later than January 3, 2006.
    WHO takes this opportunity to renew to Member States and 
Associate Members the assurance of its highest consideration.
    GENEVA, October 27, 2005
* * * * *

[[Page 73776]]

    If statistical information requested is not readily available, a 
brief descriptive answer would be appreciated.
    Please attach copies of relevant study reports and other 
background information as appropriate.
* * * * *

1. BUTORPHANOL (INN)

1. LEGITIMATE USE OF THE SUBSTANCE
    1.1 Is the substance currently registered as a medical product? 
(Yes/No)
    If ``yes,'' since when (year of marketing)? 19------
    Please indicate trade name(s), dosage form(s) with strength(s) 
and indication(s):

----------------------------------------------------------------------------------------------------------------
              Trade Name                     Dosage Form              Strength(s)             Indication(s)
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------

    1.2 If the answer to 1.1 is ``no,'' is there other legitimate 
use of the substance? (Yes/No)
    If ``yes,'' please describe the purpose of use.
    1.3 If there is legitimate use of the substance, how is the 
substance supplied? (Imported/Manufactured in the country)
2. ABUSE OF THE SUBSTANCE
    2.1 Is the substance abused or misused\2\ in your country? (Yes/
No/No Information)
---------------------------------------------------------------------------

    \2\In this questionnaire, ``abuse or misuse'' refers to use of 
the substance other than for medical or scientific purposes.
---------------------------------------------------------------------------

    2.2 If ``yes,'' any information on the extent of abuse?
    2.3 Any information on the extent of public health or social 
problems associated with the abuse of the substance (statistics on 
cases of overdose deaths, dependence, etc.)?
3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE
    3.1 Any information on the nature and extent of illicit 
activities involving the substance (clandestine manufacture, 
smuggling, diversion, seizure, etc.)?
4. IMPACT OF SCHEDULING
    4.1 If butorphanol is placed under international control, do you 
think that its availability for medical use will be affected? (Yes/
No)
    4.2 If ``yes,'' how do you think the transfer will impact its 
medical availability?

2. DRONABINOL (INN) AND ITS STEREO-ISOMERS

1. LEGITIMATE USE OF THE SUBSTANCE
    1.1 Is the substance currently registered as a medical product? 
(Yes/No)
    If ``yes,'' since when (year of marketing)? 19------
    Please indicate trade name(s), dosage form(s) with strength(s) 
and indication(s):

----------------------------------------------------------------------------------------------------------------
              Trade Name                     Dosage Form              Strength(s)             Indication(s)
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------

    1.2 If the answer to 1.1 is ``no,'' is there other legitimate 
use of the substance? (Yes/No)
    If ``yes,'' please describe the purpose of use.
    1.3 If there is legitimate use of the substance, how is the 
substance supplied? (Imported/Manufactured in the country)
2. ABUSE OF THE SUBSTANCE
    2.1 Is the substance abused or misused in your country? (Yes/No/
No information)
    2.2 If ``yes,'' any information on the extent of abuse?
    2.3 Any information on the extent of public health or social 
problems associated with the abuse of the substance (statistics on 
cases of overdose deaths, dependence, etc.)?
3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE
    3.1 Any information on the nature and extent of illicit 
activities involving the substance (clandestine manufacture, 
smuggling, diversion, seizure, etc.)?

3. GAMMA-HYDROXYBUTYRIC ACID (GHB)

1. LEGITIMATE USE OF THE SUBSTANCE
    1.1 Is the substance currently registered as a medical product? 
(Yes/No)
    If ``yes,'' since when (year of marketing)? 19------
    Please indicate trade name(s), dosage form(s) with strength(s) 
and indication(s):

----------------------------------------------------------------------------------------------------------------
              Trade Name                     Dosage Form              Strength(s)             Indication(s)
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------

    1.2 If the answer to 1.1 is ``no,'' is there other legitimate 
use of the substance? (Yes/No)
    If ``yes,'' please describe the purpose of use.
    1.3 If there is legitimate use of the substance, how is the 
substance supplied? (Imported/Manufactured in the country)
2. ABUSE OF THE SUBSTANCE
    2.1 Is the substance abused or misused in your country? (Yes/No/
No information)
    2.2 If ``yes,'' any information on the extent of abuse?
    2.3 Any information on the extent of public health or social 
problems associated with the abuse of the substance (statistics on 
cases of overdose deaths, dependence, etc.)?
3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE
    3.1 Any information on the nature and extent of illicit 
activities involving the substance (clandestine manufacture, 
smuggling, diversion, seizure, etc.)?
4. IMPACT OF TRANSFER TO SCHEDULE II or III OF THE CONVENTION ON 
PSYCHOTROPIC SUBSTANCES, 1971, ON MEDICAL AVAILABILITY
    4.1 If gamma-hydroxybutyric acid is transferred from Schedule IV 
of the Convention on Psychotropic Substances, 1971, to either 
Schedule II or III of the Convention on Psychotropic Substances, do 
you think that its availability for medical use will be affected? 
(Yes/No)
    4.2 If ``yes,'' how do you think the transfer will impact its 
medical availability?

[[Page 73777]]

4. KETAMINE (INN)

1. LEGITIMATE USE OF THE SUBSTANCE
    1.1 Is the substance currently registered as a medical product? 
(Yes/No)
    If ``yes,'' since when (year of marketing)? 19------
    Please indicate trade name(s), dosage form(s) with strength(s) 
and indication(s):

----------------------------------------------------------------------------------------------------------------
              Trade Name                     Dosage Form              Strength(s)             Indication(s)
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------

    1.2 If the answer to 1.1 is ``no,'' is there other legitimate 
use of the substance? (Yes/No)
    If ``yes,'' please describe the purpose of use.
    1.3 If there is legitimate use of the substance, how is the 
substance supplied? (Imported/Manufactured in the country)
2. ABUSE OF THE SUBSTANCE
    2.1 Is the substance abused or misused in your country? (Yes/No/
No information)
    2.2 If ``yes,'' any information on the extent of abuse?
    2.3 Any information on the extent of public health or social 
problems associated with the abuse of the substance (statistics on 
cases of overdose deaths, dependence, etc.)?
3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE
    3.1 Any information on the nature and extent of illicit 
activities involving the substance (clandestine manufacture, 
smuggling, diversion, seizure, etc.)?
4. IMPACT OF SCHEDULING
    4.1 If ketamine is placed under international control, do you 
think that its availability for medical use will be affected? (Yes/
No)
    4.2 If ``yes,'' how do you think the transfer will impact its 
medical availability?

5. KHAT (CATHA EDULIS Forsk.)

1. LEGITIMATE USE OF THE SUBSTANCE
    1.1 Is the substance currently registered as a medical product? 
(Yes/No)
    If ``yes,'' since when (year of marketing)? 19------
    Please indicate trade name(s), dosage form(s) with strength(s) 
and indication(s):

----------------------------------------------------------------------------------------------------------------
              Trade Name                     Dosage Form              Strength(s)             Indication(s)
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------

    1.2 If the answer to 1.1 is ``no,'' is there other legitimate 
use of the substance? (Yes/No)
    If ``yes,'' please describe the purpose of use.
    1.3 If there is legitimate use of the substance, how is the 
substance supplied? (Imported/Manufactured in the country)
2. ABUSE OF THE SUBSTANCE
    2.1 Is the substance abused or misused in your country? (Yes/No/
No information)
    2.2 If ``yes,'' any information on the extent of abuse?
    2.3 Any information on the extent of public health or social 
problems associated with the abuse of the substance (statistics on 
cases of overdose deaths, dependence, etc.)?
3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE
    3.1 Any information on the nature and extent of illicit 
activities involving the substance (clandestine manufacture, 
smuggling, diversion, seizure, etc.)?
4. IMPACT OF SCHEDULING
    4.1 If khat is placed under international control, do you think 
that its availability for medical use will be affected? (Yes/No)
    4.2 If ``yes,'' how do you think the transfer will impact its 
medical availability?

6. TRAMADOL (INN)

1. LEGITIMATE USE OF THE SUBSTANCE
    1.1 Is the substance currently registered as a medical product? 
(Yes/No)
    If ``yes,'' since when (year of marketing)? 19------
    Please indicate trade name(s), dosage form(s) with strength(s) 
and indication(s):

----------------------------------------------------------------------------------------------------------------
              Trade Name                     Dosage Form              Strength(s)             Indication(s)
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------

    1.2 If the answer to 1.1 is ``no,'' is there other legitimate 
use of the substance? (Yes/No)
    If ``yes,'' please describe the purpose of use.
    1.3 If there is legitimate use of the substance, how is the 
substance supplied? (Imported/Manufactured in the country)
2. ABUSE OF THE SUBSTANCE
    2.1 Is the substance abused or misused in your country? (Yes/No/
No information)
    2.2 If ``yes,'' any information on the extent of abuse?
    2.3 Any information on the extent of public health or social 
problems associated with the abuse of the substance (statistics on 
cases of overdose deaths, dependence, etc.)?
3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE
    3.1 Any information on the nature and extent of illicit 
activities involving the substance (clandestine manufacture, 
smuggling, diversion, seizure, etc.)?
4. IMPACT OF SCHEDULING
    4.1 If tramadol is placed under international control, do you 
think that its availability for medical use will be affected? (Yes/
No)
    4.2 If ``yes,'' how do you think the transfer will impact its 
medical availability?

7. ZOPICLONE (INN)

1. LEGITIMATE USE OF THE SUBSTANCE
    1.1 Is the substance currently registered as a medical product? 
(Yes/No)
    If ``yes,'' since when (year of marketing)? 19------
    Please indicate trade name(s), dosage form(s) with strength(s) 
and indication(s):

[[Page 73778]]



----------------------------------------------------------------------------------------------------------------
              Trade Name                     Dosage Form              Strength(s)             Indication(s)
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------
                                       .......................  .......................  .......................
----------------------------------------------------------------------------------------------------------------

    1.2 If the answer to 1.1 is ``no,'' is there other legitimate 
use of the substance? (Yes/No)
    If ``yes,'' please describe the purpose of use.
    1.3 If there is legitimate use of the substance, how is the 
substance supplied? (Imported/Manufactured in the country)
2. ABUSE OF THE SUBSTANCE
    2.1 Is the substance abused or misused in your country? (Yes/No/
No information)
    2.2 If ``yes,'' any information on the extent of abuse?
    2.3 Any information on the extent of public health or social 
problems associated with the abuse of the substance (statistics on 
cases of overdose deaths, dependence, etc.)?
3. ILLICIT ACTIVITIES INVOLVING THE SUBSTANCE
    3.1 Any information on the nature and extent of illicit 
activities involving the substance (clandestine manufacture, 
smuggling, diversion, seizure, etc.)?
4. IMPACT OF SCHEDULING
    4.1 If zopiclone is placed under international control, do you 
think that its availability for medical use will be affected? (Yes/
No)
    4.2 If ``yes,'' how do you think the transfer will impact its 
medical availability?

8. BUPRENORPHINE (INN)

1. IMPACT OF TRANSFER TO SCHEDULE I OF THE SINGLE CONVENTION ON 
NARCOTIC DRUGS, 1961, ON MEDICAL AVAILABILITY
    1.1 If buprenorphine is transferred from Schedule III of the 
Convention on Psychotropic Substances, 1971, to Schedule I of the 
Single Convention on Narcotic Drugs, 1961, do you think that its 
availability for medical use will be affected? (Yes/No)
    1.2 If ``yes,'' how do you think the transfer will impact its 
medical availability?

II. Background

    Butorphanol is classified as a synthetic opiate partial agonist 
analgesic. It is marketed in the United States for the management of 
pain as an injectable and as a nasal spray solution. It is controlled 
domestically in Schedule IV of the CSA and is not controlled 
internationally under the Psychotropic Convention or the Single 
Convention on Narcotic Drugs.
    Synthetic delta-9-tetrahydrocannabinol (delta-9-THC), or 
dronabinol, is the active component of the drug product Marinol, which 
is marketed in the United States as an antiemetic in the setting of 
cancer chemotherapy and for treatment of AIDS wasting syndrome. Marinol 
is currently controlled in Schedule III of the CSA, and the drug 
substance dronabinol (which is the synthetic equivalent of the natural 
active component of marijuana, delta-9-THC) is controlled in Schedule I 
of the CSA. The drug substance dronabinol, including its isomers, is 
controlled internationally in Schedule II of the Psychotropic 
Convention.
    Gamma-hydroxybutyric acid (GHB) is classified as a central nervous 
system depressant. In 2002, FDA approved a GHB-containing product, 
Xyrem, for the treatment of cataplexy associated with narcolepsy. Xyrem 
was approved under the regulations in 21 CFR part 314, subpart H (21 
CFR 314.520), and the product labeling contained a comprehensive risk 
management program, which includes restricted distribution of the drug 
through a central pharmacy. Xyrem is controlled domestically in 
Schedule III of the CSA, while bulk GHB and all other material 
containing GHB is controlled in Schedule I. In addition, illicit use of 
Xyrem is subject to Schedule I penalties of the CSA. GHB is controlled 
internationally in Schedule IV of the Psychotropic Convention.
    Ketamine is classified as a rapid-acting general anesthetic agent 
used for short diagnostic and surgical procedures that do not require 
skeletal muscle relaxation. It is marketed in the United States as an 
injectable. Ketamine is controlled domestically in Schedule III of the 
CSA. It is not controlled internationally under the Psychotropic 
Convention or the Single Convention on Narcotic Drugs.
    Khat (or qat) refers to the leaves and young shoots of the plant 
Cathia edulis Forsk. The principal psychoactive substances contained in 
khat leaves are cathinone and cathine. Cathinone ([alpha]-
ketoamphetamine) is a monoamine alkaloid that is controlled 
domestically and internationally in Schedule I. The DEA published a 
final rule on January 14, 1993 (58 FR 4316), that results in the 
placement of any material that contains cathinone into Schedule I, 
which includes khat. Cathine, also a monoamine alkaloid, is controlled 
domestically in Schedule IV of the CSA and internationally in Schedule 
III drug under the Convention on Psychotropic Substances. In 1980, WHO 
classified khat as a drug of abuse that can produce mild to moderate 
psychic dependence, however khat is not controlled internationally 
under the Psychotropic Convention or the Single Convention on Narcotic 
Drugs.
    Tramadol is a centrally acting synthetic analgesic. At least two 
complementary mechanisms of action appear applicable: binding of parent 
and metabolite to mu-opioid receptors and inhibition of the reuptake of 
norepinephrine and serotonin. It is marketed in the United States for 
the treatment of moderate to moderately severe pain. Cases of abuse and 
dependence of tramadol have been reported. It is not controlled in the 
United States under the CSA or controlled internationally under the 
Psychotropic Convention or the Single Convention on Narcotic Drugs.
    Zopiclone is classified as a nonbenzodiazepine hypnotic. The pure 
enantiomer (optical isomer) of zopiclone, eszopiclone, is marketed in 
the United States for the treatment of insomnia. The precise mechanism 
of action of eszopiclone as a hypnotic is unknown, but its effect is 
believed to result from its interaction with gamma-aminobutyric acid 
(GABA)-receptor complexes at binding domains located close to or 
allosterically coupled to benzodiazepine receptors. Eszopiclone and 
zopiclone are controlled domestically in Schedule IV of the CSA and are 
not controlled internationally under the Psychotropic Convention or 
Single Convention on Narcotic Drugs.
    Buprenorphine is a semisynthetic opium derivative with partial mu-
opioid receptor agonist activity. In the United States, buprenorphine 
is available as a parenteral product marketed for the relief of 
moderate to severe pain, as a sublingual single-entity tablet, and as a 
sublingual combination tablet with naloxone. The sublingual tablets are 
used for the treatment of opiate addiction. Buprenorphine is controlled 
domestically in Schedule III of the CSA as a narcotic and is controlled 
internationally in Schedule III of the Psychotropic Convention.
    Oripavine is a phenanthrene alkaloid contained in the species of 
the Papaver plant. It is a chemical derivative of thebaine, a 
naturally-occurring substance found in the opium plant. Oripavine is 
controlled domestically in Schedule II of the CSA because it is a 
derivative of thebaine, opium, and other opiates. Oripavine is not 
under international control.

[[Page 73779]]

III. Opportunity to Submit Domestic Information

    As required by section 201(d)(2)(A) of the CSA (21 U.S.C. 
811(d)(2)(A)), FDA, on behalf of HHS, invites interested persons to 
submit comments regarding the nine named drugs. Any comments received 
will be considered by HHS when it prepares a scientific and medical 
evaluation of these drugs. HHS will forward a scientific and medical 
evaluation of these drugs to WHO, through the Secretary of State, for 
WHO's consideration in deciding whether to recommend international 
control/decontrol of any of these drugs. Such control could limit, 
among other things, the manufacture and distribution (import/export) of 
these drugs and could impose certain recordkeeping requirements on 
them.
    HHS will not now make any recommendations to WHO regarding whether 
any of these drugs should be subjected to international controls. 
Instead, HHS will defer such consideration until WHO has made official 
recommendations to the Commission on Narcotic Drugs, which are expected 
to be made in early 2006. Any HHS position regarding international 
control of these drugs will be preceded by another Federal Register 
notice soliciting public comments as required by section 201(d)(2)(B) 
of the CSA.

IV. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) written or electronic comments regarding the drugs. The 
abbreviated comment period is necessary to allow sufficient time to 
prepare and submit the domestic information package by the deadline 
imposed by WHO. Two copies of any comments are to be submitted, except 
that individuals may submit one copy. Comments are to be identified 
with the docket number found in brackets in the heading of this 
document. Received comments may be seen in the Division of Dockets 
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: December 5, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-23958 Filed 12-12-05; 8:45 am]
BILLING CODE 4160-01-S
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