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]
=======================================================================
-----------------------------------------------------------------------
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