Schedules of Controlled Substances: Extension of Temporary Placement of Methylone Into Schedule I of the Controlled Substances Act, 64032-64033 [2012-25510]

Download as PDF 64032 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations the technical correction is necessary to conform the CBP regulations to the current version of the HTSUS. Executive Order 12866 This document is not a regulation subject to the provisions of Executive Order 12866 of September 30, 1993 (58 FR 51735, October 1993), because it pertains to a foreign affairs function of the United States and implements an international agreement, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866. mstockstill on DSK4VPTVN1PROD with RULES Regulatory Flexibility Act CBP Dec. 11–22 was issued as an interim rule rather than a notice of proposed rulemaking because CBP had determined that the interim regulations involve a foreign affairs function of the United States pursuant to section 553(a)(1) of the APA. Because no notice of proposed rulemaking was required, the provisions of the Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.), do not apply. Accordingly, this final rule is not subject to the regulatory analysis requirements or other requirements of 5 U.S.C. 603 and 604. Paperwork Reduction Act The collections of information contained in these regulations have previously been reviewed and approved by the Office of Management and Budget in accordance with the requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1651–0117. The collections of information in these regulations are in §§ 10.903 and 10.904. This information is required in connection with claims for preferential tariff treatment under the PTPA and the Act and will be used by CBP to determine eligibility for tariff preference under the PTPA and the Act. The likely respondents are business organizations including importers, exporters and manufacturers. The estimated average annual burden associated with the collection of information in this final rule is 0.2 hours per respondent or recordkeeper. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Management and Budget, Attention: Desk Officer for the Department of Homeland Security, Office of Information and Regulatory Affairs, Washington, DC 20503. A copy should also be sent to the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, U.S. Customs and VerDate Mar<15>2010 17:06 Oct 17, 2012 Jkt 229001 Border Protection, 799 9th Street NW., 5th Floor, Washington, DC 20229–1179. Under the Paperwork Reduction Act, an agency may not conduct or sponsor, and an individual is not required to respond to, a collection of information unless it displays a valid OMB control number. United States), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314; Signing Authority This document is being issued in accordance with § 0.1(a)(1) of the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations related to certain CBP revenue functions. § 10.918 List of Subjects 19 CFR Part 10 Alterations, Bonds, Customs duties and inspection, Exports, Imports, Preference programs, Repairs, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 24 Accounting, Customs duties and inspection, Financial and accounting procedures, Reporting and recordkeeping requirements, Trade agreements, User fees. 19 CFR Part 162 Administrative practice and procedure, Customs duties and inspection, Penalties, Trade agreements. 19 CFR Part 163 Administrative practice and procedure, Customs duties and inspection, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 178 Administrative practice and procedure, Exports, Imports, Reporting and recordkeeping requirements. Amendments to the CBP Regulations Accordingly, the interim rule amending Parts 10, 24, 162, 163, and 178 of the CBP regulations (19 CFR Parts 10, 24, 162, 163, and 178), which was published at 76 FR 68067 on November 3, 2011, is adopted as a final rule with one change as discussed above and set forth below. * * * * * Sections 10.901 through 10.934 also issued under 19 U.S.C. 1202 (General Note 32, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 110– 138, 121 Stat. 1455 (19 U.S.C. 3805 note). [Amended] 2. In § 10.918, paragraph (c)(1)(ii) is amended by adding, in numerical order, a reference to ‘‘5402.19.30, 5402.19.60,’’. ■ David V. Aguilar, Deputy Commissioner, U.S. Customs and Border Protection. Approved: October 15, 2012. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2012–25668 Filed 10–17–12; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 12 Special Classes of Merchandise CFR Correction In Title 19 of the Code of Federal Regulations, Parts 0 to 140, revised as of April 1, 2012, on page 441, in § 12.112 (a), the words ‘‘(Index of Pesticide Products located in the Environmental Protection Agency’s handbook entitled Recognition and Management of Pesticide Poisonings, found at https:// www.epa.gov)’’ are corrected to read ‘‘(Environmental Protection Agency Form 3540–1)’’. [FR Doc. 2012–25792 Filed 10–17–12; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–357] Schedules of Controlled Substances: Extension of Temporary Placement of Methylone Into Schedule I of the Controlled Substances Act PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. AGENCY: 1. The general authority citation for Part 10 and the specific authority for new Subpart Q continue to read as follows: SUMMARY: ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Drug Enforcement Administration, Department of Justice. ACTION: Final order. This Final Order is issued by the Administrator of the Drug Enforcement Administration (DEA) to extend the temporary scheduling of methylone (3,4-methylenedioxy-Nmethylcathinone) including its salts, E:\FR\FM\18OCR1.SGM 18OCR1 Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, into Schedule I of the Controlled Substances Act (CSA). The temporary scheduling of methylone is due to expire on October 20, 2012. This document will extend the temporary scheduling of methylone to April 20, 2013, or until rulemaking proceedings are completed, whichever occurs first. DATES: Effective Date: October 18, 2012. FOR FURTHER INFORMATION CONTACT: Alan G. Santos, Associate Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 307–7165. SUPPLEMENTARY INFORMATION: On October 21, 2011, the Administrator of the DEA published a Final Order in the Federal Register (76 FR 65371) amending 21 CFR 1308.11(g) to temporarily place three synthetic cathinones, namely mephedrone (4methyl-N-methylcathinone), MDPV (3,4methylenedioxypyrovalerone) and methylone, into Schedule I of the CSA pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). That Final Order, which became effective on the date of publication, was based on findings by the Administrator of the DEA that the temporary scheduling of these three synthetic cathinones was necessary to avoid an imminent hazard to the public safety pursuant to 21 U.S.C. 811(h)(1). At the time the Final Order took effect, section 201(h)(2) of the CSA (21 U.S.C. 811(h)(2) (2011)) required that the temporary scheduling of a substance expire at the end of one year from the date of issuance of the order and that during the pendency of proceedings under 21 U.S.C. 811(a)(1) with respect to the substance, the temporary scheduling of that substance could be extended for up to six months.1 Proceedings for the scheduling of a substance under 21 U.S.C. 811(a) may be initiated by the Attorney General (delegated to the Administrator of the DEA pursuant to 28 CFR 0.100) on his own motion, at the request of the Secretary of Health and Human Services,2 or on the petition of any interested party. 1 On July 9, 2012, President Obama signed the Food and Drug Administration Safety and Innovation Act (Pub. L. 112–144) (FDASIA), which amended section 201(h)(2) of the CSA to extend the timeframes applicable to temporary scheduling. 2 Because the Secretary of the Department of Health and Human Services has delegated to the Assistant Secretary for Health of the Department of Health and Human Services the authority to make domestic drug scheduling recommendations, for purposes of this Final Order, all subsequent VerDate Mar<15>2010 17:06 Oct 17, 2012 Jkt 229001 The DEA has gathered and reviewed the available information regarding the pharmacology, chemistry, trafficking, actual abuse, pattern of abuse and the relative potential for abuse for these three synthetic cathinones. On March 30, 2012, the Administrator of the DEA submitted a letter to the Assistant Secretary for Health of the Department of Health and Human Services, requesting scientific and medical evaluations and scheduling recommendations for these three synthetic cathinones. In response to this letter, on August 14, 2012, the Assistant Secretary provided to DEA a scientific and medical evaluation and recommendation that methylone be placed in Schedule I.3 Proceedings regarding methylone have been initiated in accordance with 21 U.S.C. 811(a)(1). Therefore, pursuant to 21 U.S.C. 811(h)(2), the Administrator of the DEA hereby orders that the temporary scheduling of methylone, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, is extended to April 20, 2013, or until rulemaking proceedings are completed, whichever occurs first. In accordance with this Final Order, the Schedule I requirements for handling methylone including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, will remain in effect until April 20, 2013, or until rulemaking proceedings are completed, whichever occurs first. Pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act) (5 U.S.C. 801–808), DEA has submitted a copy of this Final Order to both Houses of Congress and to the Comptroller General. 64033 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 Discharge of Liens; Redemption by United States CFR Correction In Title 26 of the Code of Federal Regulations, Parts 300 to 499, revised as of April 1, 2012, on page 563, in § 301.7425–4, in paragraph (b)(5) Example 1, at the end of the third sentence, ‘‘$1,000’’ is corrected to read ‘‘$100,000’’. [FR Doc. 2012–25795 Filed 10–17–12; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB–2012–0003; T.D. TTB–108; Ref: Notice No. 128] RIN 1513–AB85 Establishment of the Ancient Lakes of Columbia Valley Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the 162,762-acre ‘‘Ancient Lakes of Columbia Valley’’ viticultural area in Douglas, Grant, and Kittitas Counties in central Washington. The viticultural area lies entirely within the larger Columbia Valley viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. SUMMARY: Dated: October 10, 2012. Michele M. Leonhart, Administrator. DATES: [FR Doc. 2012–25510 Filed 10–17–12; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4410–09–P Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St. NW., Box 12, Washington, DC 20005; phone 202–453–1039, ext. 175. SUPPLEMENTARY INFORMATION: references to ‘‘Secretary’’ have been replaced with ‘‘Assistant Secretary.’’ 3 Section 1152 of FDASIA controlled mephedrone and MDPV as Schedule I controlled substances, but it did not similarly control methylone. Accordingly, HHS provided a Scientific and Medical Evaluation and Scheduling Recommendation for methylone, recommending that methylone be placed in Schedule I. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Effective Date: November 19, 2012. Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Rules and Regulations]
[Pages 64032-64033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25510]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-357]


Schedules of Controlled Substances: Extension of Temporary 
Placement of Methylone Into Schedule I of the Controlled Substances Act

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final order.

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

SUMMARY: This Final Order is issued by the Administrator of the Drug 
Enforcement Administration (DEA) to extend the temporary scheduling of 
methylone (3,4-methylenedioxy-N-methylcathinone) including its salts,

[[Page 64033]]

isomers, and salts of isomers whenever the existence of such salts, 
isomers, and salts of isomers is possible, into Schedule I of the 
Controlled Substances Act (CSA). The temporary scheduling of methylone 
is due to expire on October 20, 2012. This document will extend the 
temporary scheduling of methylone to April 20, 2013, or until 
rulemaking proceedings are completed, whichever occurs first.

DATES: Effective Date: October 18, 2012.

FOR FURTHER INFORMATION CONTACT: Alan G. Santos, Associate Deputy 
Assistant Administrator, Office of Diversion Control, Drug Enforcement 
Administration; Mailing Address: 8701 Morrissette Drive, Springfield, 
Virginia 22152; Telephone: (202) 307-7165.

SUPPLEMENTARY INFORMATION: On October 21, 2011, the Administrator of 
the DEA published a Final Order in the Federal Register (76 FR 65371) 
amending 21 CFR 1308.11(g) to temporarily place three synthetic 
cathinones, namely mephedrone (4-methyl-N-methylcathinone), MDPV (3,4-
methylenedioxypyrovalerone) and methylone, into Schedule I of the CSA 
pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). 
That Final Order, which became effective on the date of publication, 
was based on findings by the Administrator of the DEA that the 
temporary scheduling of these three synthetic cathinones was necessary 
to avoid an imminent hazard to the public safety pursuant to 21 U.S.C. 
811(h)(1). At the time the Final Order took effect, section 201(h)(2) 
of the CSA (21 U.S.C. 811(h)(2) (2011)) required that the temporary 
scheduling of a substance expire at the end of one year from the date 
of issuance of the order and that during the pendency of proceedings 
under 21 U.S.C. 811(a)(1) with respect to the substance, the temporary 
scheduling of that substance could be extended for up to six months.\1\ 
Proceedings for the scheduling of a substance under 21 U.S.C. 811(a) 
may be initiated by the Attorney General (delegated to the 
Administrator of the DEA pursuant to 28 CFR 0.100) on his own motion, 
at the request of the Secretary of Health and Human Services,\2\ or on 
the petition of any interested party.
---------------------------------------------------------------------------

    \1\ On July 9, 2012, President Obama signed the Food and Drug 
Administration Safety and Innovation Act (Pub. L. 112-144) (FDASIA), 
which amended section 201(h)(2) of the CSA to extend the timeframes 
applicable to temporary scheduling.
    \2\ Because the Secretary of the Department of Health and Human 
Services has delegated to the Assistant Secretary for Health of the 
Department of Health and Human Services the authority to make 
domestic drug scheduling recommendations, for purposes of this Final 
Order, all subsequent references to ``Secretary'' have been replaced 
with ``Assistant Secretary.''
---------------------------------------------------------------------------

    The DEA has gathered and reviewed the available information 
regarding the pharmacology, chemistry, trafficking, actual abuse, 
pattern of abuse and the relative potential for abuse for these three 
synthetic cathinones. On March 30, 2012, the Administrator of the DEA 
submitted a letter to the Assistant Secretary for Health of the 
Department of Health and Human Services, requesting scientific and 
medical evaluations and scheduling recommendations for these three 
synthetic cathinones. In response to this letter, on August 14, 2012, 
the Assistant Secretary provided to DEA a scientific and medical 
evaluation and recommendation that methylone be placed in Schedule 
I.\3\ Proceedings regarding methylone have been initiated in accordance 
with 21 U.S.C. 811(a)(1). Therefore, pursuant to 21 U.S.C. 811(h)(2), 
the Administrator of the DEA hereby orders that the temporary 
scheduling of methylone, including its salts, isomers, and salts of 
isomers whenever the existence of such salts, isomers, and salts of 
isomers is possible, is extended to April 20, 2013, or until rulemaking 
proceedings are completed, whichever occurs first.
---------------------------------------------------------------------------

    \3\ Section 1152 of FDASIA controlled mephedrone and MDPV as 
Schedule I controlled substances, but it did not similarly control 
methylone. Accordingly, HHS provided a Scientific and Medical 
Evaluation and Scheduling Recommendation for methylone, recommending 
that methylone be placed in Schedule I.
---------------------------------------------------------------------------

    In accordance with this Final Order, the Schedule I requirements 
for handling methylone including its salts, isomers, and salts of 
isomers whenever the existence of such salts, isomers, and salts of 
isomers is possible, will remain in effect until April 20, 2013, or 
until rulemaking proceedings are completed, whichever occurs first.
    Pursuant to the Small Business Regulatory Enforcement Fairness Act 
of 1996 (Congressional Review Act) (5 U.S.C. 801-808), DEA has 
submitted a copy of this Final Order to both Houses of Congress and to 
the Comptroller General.

     Dated: October 10, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012-25510 Filed 10-17-12; 8:45 am]
BILLING CODE 4410-09-P

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