Schedules of Controlled Substances: Placement of Lorcaserin Into Schedule IV, 75075-75079 [2012-30531]
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed, I certify
this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska to the extent that it justifies
making a regulatory distinction; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
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Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
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§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Eurocopter Deutschland GmbH: Docket No.
FAA–2011–1285; Directorate Identifier
2010–SW–073–AD.
(a) Applicability
This AD applies to Model BO–105A, BO–
105C, BO–105LS A–1, BO–105LS A–3, and
BO–105S helicopters, with a main rotor
blade, part number 105–15103, 105–15141,
105–15141V001, 105–15143, 105–15150,
105–15150V001, 105–15152, 105–81013,
105–87214, 1120–15101, or 1120–15103;
where the main rotor blade erosion protective
shell (abrasion strip) was replaced between
September 1, 2006 and March 31, 2010,
inclusive; certificated in any category.
75075
0000 or (800) 232–0323; fax (972) 641–3775;
or at https://www.eurocopter.com/techpub.
You may review a copy of the service
information at the FAA, Office of the
Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
(2) The subject of this AD is addressed in
European Aviation Safety Agency Emergency
AD No. 2010–0216–E, dated October 21, 2010
(corrected October 29, 2010).
(g) Subject
Joint Aircraft Service Component (JASC)
Code: 6210, Main Rotor Blades.
Issued in Fort Worth, Texas, on December
12, 2012.
S. Frances Cox,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
(b) Unsafe Condition
This AD defines the unsafe condition as
debonding of a main rotor blade erosion
protective shell (abrasion strip). This
condition could result in loss of the abrasion
strip and an unbalanced main rotor, high
vibration, damage to the tail boom or tail
rotor, and loss of control of the helicopter.
[FR Doc. 2012–30588 Filed 12–18–12; 8:45 am]
(c) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
21 CFR Part 1308
(d) Required Actions
(1) Within 50 hours time-in-service,
inspect the main rotor blade for debonding of
the erosion protective shell by tap testing the
abrasion strip of the leading edge of each
main rotor blade.
(2) If the abrasion strip is debonding in any
area, before further flight, replace the main
rotor blade.
(e) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Jim Grigg,
Manager, Safety Management Group,
Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone
(817) 222–5110; email jim.grigg@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(f) Additional Information
(1) Eurocopter Emergency Alert Service
Bulletin No. ASB BO105–10–124, Revision 1,
dated October 18, 2010, and No. ASB–
BO105LS–10–12, Revision 1, dated October
20, 2010, which are not incorporated by
reference, contain additional information
about the subject of this AD. For this service
information, contact American Eurocopter
Corporation, 2701 N. Forum Drive, Grand
Prairie, Texas 75052; telephone (972) 641–
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BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–369]
Schedules of Controlled Substances:
Placement of Lorcaserin Into
Schedule IV
Drug Enforcement
Administration, Department of Justice.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Drug Enforcement
Administration (DEA) proposes placing
the substance lorcaserin, including its
salts, isomers, and salts of isomers
whenever the existence of such salts,
isomers, and salts of isomers is possible,
into Schedule IV of the Controlled
Substances Act (CSA). This proposed
action is based on a recommendation
from the Assistant Secretary for Health
of the Department of Health and Human
Services (HHS) and on an evaluation of
all other relevant data by DEA. If
finalized, this action would impose the
regulatory controls and criminal
sanctions of Schedule IV on the
manufacture, distribution, dispensing,
importation, exportation, and
possession of lorcaserin and products
containing lorcaserin.
DATES: DEA will permit interested
persons to file written comments on this
proposal pursuant to 21 CFR 1308.43(g).
Electronic comments must be submitted
and written comments must be
postmarked on or before January 18,
2013. Commenters should be aware that
the electronic Federal Docket
Management System will not accept
comments after midnight Eastern Time
on the last day of the comment period.
SUMMARY:
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Interested persons, defined as those
‘‘adversely affected or aggrieved by any
rule or proposed rule issuable pursuant
to section 201 of the Act (21 U.S.C.
811),’’ 1 may file a request for hearing or
waiver of participation pursuant to 21
CFR 1308.44 and in accordance with 21
CFR 1316.45. Requests for hearing and
waivers of participation must be
received on or before January 18, 2013.
ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket
No. DEA–369’’ on all electronic and
written correspondence. DEA
encourages all comments be submitted
electronically through https://
www.regulations.gov using the
electronic comment form provided on
that site. An electronic copy of this
document and supplemental
information to this proposed rule are
also available at the https://
www.regulations.gov Web site for easy
reference. Paper comments that
duplicate the electronic submission are
not necessary as all comments
submitted to www.regulations.gov will
be posted for public review and are part
of the official docket record. Should
you, however, wish to submit written
comments via regular or express mail,
they should be sent to the Drug
Enforcement Administration, Attention:
DEA Federal Register Representative/
OD, 8701 Morrissette Drive, Springfield,
VA 22152. All requests for hearing and
waivers of participation must be sent to
Drug Enforcement Administration,
Attention: Hearing Clerk/LJ, 8701
Morrissette Drive, Springfield, VA
22152.
FOR FURTHER INFORMATION CONTACT: John
W. Partridge, Executive Assistant, Office
of Diversion Control, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152. Telephone: (202) 307–7165.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments
received are considered part of the
public record and made available for
public inspection online at https://
www.regulations.gov and in the DEA’s
public docket. Such information
includes personal identifying
information (such as your name,
address, etc.) voluntarily submitted by
the commenter.
If you want to submit personal
identifying information (such as your
name, address, etc.) as part of your
comment, but do not want it to be
posted online or made available in the
public docket, you must include the
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CFR 1300.01.
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phrase ‘‘PERSONAL IDENTIFYING
INFORMATION’’ in the first paragraph
of your comment. You must also place
all the personal identifying information
you do not want posted online or made
available in the public docket in the first
paragraph of your comment and identify
what information you want redacted.
If you want to submit confidential
business information as part of your
comment, but do not want it to be
posted online or made available in the
public docket, you must include the
phrase ‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
prominently identify confidential
business information to be redacted
within the comment. If a comment has
so much confidential business
information that it cannot be effectively
redacted, all or part of that comment
may not be posted online or made
available in the public docket.
Personal identifying information and
confidential business information
identified and located as set forth above
will be redacted and the comment, in
redacted form, will be posted online and
placed in the DEA’s public docket file.
Please note that the Freedom of
Information Act applies to all comments
received. If you wish to inspect the
agency’s public docket file in person by
appointment, please see the ‘‘For
Further Information Contact’’ paragraph,
above.
Requests for Hearing or Waiver of
Participation in Hearing
In accordance with the provisions of
the CSA (21 U.S.C. 811(a)), this action
is a formal rulemaking ‘‘on the record
after opportunity for a hearing.’’ Such
proceedings are conducted pursuant to
the provisions of the Administrative
Procedure Act (5 U.S.C. 556 and 557)
and 21 CFR 1308.41. Pursuant to 21 CFR
1308.44(a) and (c), requests for a hearing
and waivers of participation may be
submitted only by interested persons,
defined as those ‘‘adversely affected or
aggrieved by any rule or proposed rule
issuable pursuant to section 201 of the
Act (21 U.S.C. 811).’’ 2 Requests for a
hearing must conform to the
requirements of 21 CFR 1308.44(a) and
1316.47. A request should state, with
particularity, the interest of the person
in the proceeding and the objections or
issues, if any, concerning which the
person desires to be heard. Any waiver
must conform to the requirements of 21
CFR 1308.44(c), including a written
statement regarding the interested
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person’s position on the matters of fact
and law involved in any hearing.
Please note that pursuant to 21 U.S.C.
811(a), the purpose and subject matter
of the hearing is restricted to ‘‘(A)
find[ing] that such drug or other
substance has a potential for abuse, and
(B) mak[ing] with respect to such drug
or other substance the findings
prescribed by subsection (b) of section
812 of this title for the schedule in
which such drug is to be placed * * *’’
Requests for hearing and waivers of
participation in the hearing should be
submitted to DEA using the address
information provided above. DEA may
grant a hearing only ‘‘for the purpose of
receiving factual evidence and expert
opinion regarding the issues involved in
the issuance, amendment or repeal of a
rule issuable’’ pursuant to 21 U.S.C.
811(a).
Legal Authority
DEA implements and enforces Titles
II and III of the Comprehensive Drug
Abuse Prevention and Control Act of
1970, often referred to as the Controlled
Substances Act (CSA) and the
Controlled Substances Import Export
Act (CSIEA) (21 U.S.C. 801–971), as
amended (hereinafter, ‘‘CSA’’).
Under the CSA, controlled substances
are classified in one of five schedules
based upon their potential for abuse,
their currently accepted medical use,
safety and the degree of dependence the
substance may cause. 21 U.S.C. 812. The
initial schedules of controlled
substances are found at 21 U.S.C. 812(c).
Pursuant to 21 U.S.C. 811(a)(1), the
Attorney General may, by rule, ‘‘add to
such a schedule or transfer between
such schedules any drug or other
substance if he (A) finds that such drug
or other substance has a potential for
abuse, and (B) makes with respect to
such drug or other substance the
findings prescribed by subsection (b) of
section 812 of this title for the schedule
in which such drug is to be
placed* * *’’ Pursuant to 28 CFR
0.100(b), the Attorney General has
delegated this scheduling authority to
the Administrator of DEA.
Background
Lorcaserin ((R)-8-chloro-1-methyl2,3,4,5-tetrahydro-1H-3-benzepine
hydrochloride hemihydrate) is a new
chemical entity which has central
nervous system hallucinogenic
properties. Lorcaserin is a serotonin
receptor agonist, at the 5HT2C and
5HT2A receptor subtypes. Lorcaserin
was approved by the Food and Drug
Administration (FDA) on June 27, 2012,
as an addition to a reduced-calorie diet
and exercise, for chronic weight
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management and it will be marketed
under the trade name BELVIQ®.
Proposed Determination To Schedule
Lorcaserin
Pursuant to the CSA, 21 U.S.C. 811(a),
proceedings to add a drug or substance
to those controlled under the CSA may
be initiated by request of the Secretary
of HHS. On June 25, 2012, HHS
provided DEA with a scientific and
medical evaluation document prepared
by FDA entitled ‘‘Basis for the
Recommendation for Control of
Lorcaserin in Schedule IV of the
Controlled Substances Act.’’ Pursuant to
21 U.S.C. 811(b), (c), and (f), this
document contained an eight-factor
analysis of the abuse potential of
lorcaserin as a new drug, along with
HHS’ recommendation to control
lorcaserin under Schedule IV of the
CSA.
In response, DEA conducted an eightfactor analysis of abuse potential of
lorcaserin pursuant to 21 U.S.C. 811(c).
Included below is a brief summary of
each factor as considered by HHS and
DEA. Please note that both the DEA and
HHS analyses are available in whole in
the ‘‘Supporting and Related Material’’
of the public docket for this rule at
www.regulations.gov under docket
number DEA–369. Full analysis of and
citations to the information referenced
in the summary may be found in the
supporting material.
1. The Drug’s Actual or Relative
Potential for Abuse: Lorcaserin is a new
chemical substance that has not been
marketed in the U.S. or in any other
country. As such, there is no
information available which details
actual abuse of lorcaserin. However, the
legislative history of the CSA offers
another methodology for assessing a
drug or substance’s potential for abuse:
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The drug or drugs containing such a
substance are new drugs so related in their
action to a drug or drugs already listed as
having a potential for abuse to make it likely
that the drug will have the same potentiality
for abuse as such drugs, thus making it
reasonable to assume that there may be
significant diversions from legitimate
channels, significant use contrary to or
without medical advice, or that it has a
substantial capability of creating hazards to
the health of the user or to the safety of the
community.3
According to HHS, lorcaserin is an
agonist at the serotonin receptor
subtypes 5–HT2C and 5–HT2A.
Lorcaserin is indicated as an addition to
a reduced-calorie diet and exercise, for
chronic weight management. There is
3 Comprehensive Drug Abuse Prevention and
Control Act of 1970, H.R. Rep. No. 91–1444, 91st
Cong., Sess. 1 (1970); 1970 U.S.C.C.A.N. 4566, 4601.
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evidence, described below, that
lorcaserin produces subjective effects in
humans and in animals that are similar
to those produced by zolpidem
(Schedule IV) and ketamine (Schedule
III)
HHS described a human abuse
potential study in recreational drug
abusers of psychedelic drugs and CNS
depressants, in which lorcaserin and the
comparator drugs zolpidem (Schedule
IV) and ketamine (Schedule III)
produced significant increases on
positive subjective measures (visual
analog scales (VAS)) for ‘‘high’’ and
‘‘good drug effects as well as an increase
on the VAS for ‘‘hallucinations.’’
Lorcaserin, as well as zolpidem and
ketamine, significantly increased reports
of ‘‘sedation’’ on the subjective scale of
the Addiction Research Center
Inventory (ARCI), compared to placebo.
HHS summarized that these subjective
response data suggest that lorcaserin
produces subjective effects similar to
those produced by zolpidem and
ketamine. According to HHS, 20–60 mg
of lorcaserin produced a high rate of
euphoria in 6–19% of the subjects in a
human abuse potential study. The
incidence of euphoria following
lorcaserin administration in the human
abuse potential study is similar to that
reported following zolpidem (Schedule
IV) administration (13–16%) and lower
than that following ketamine (Schedule
III) administration (50%).
According to HHS, lorcaserin is not
available or marketed in any country.
Thus there is no evidence of lorcaserin
diversion, illicit manufacturing, or
deliberate ingestion. Because lorcaserin
has been shown to produce euphoria in
humans, it is anticipated that there will
be significant use contrary to or without
medical advice. Lorcaserin is not readily
synthesized from available substances,
and thus its diversion will be likely
from the legitimate channels.
2. Scientific Evidence of the Drug’s
Pharmacological Effects, If Known: HHS
stated that lorcaserin is a 5–HT2C and 5–
HT2A serotonin receptor agonist. DEA
further notes that it has been shown that
lorcaserin through activation of 5–HT2C
receptors causes inositol phosphate
accumulation with an EC50 of 9 nM.
Lorcaserin also activated the 5–HT2A
and 5–HT2B receptors, with EC50s of 168
nM and 943 nM, respectively.
HHS stated that acutely, lorcaserin
decreases locomotor activity in rats.
Tolerance does develop to this effect,
because after 21 days, lorcaserin does
not affect the locomotor activity of the
rats. DEA further notes that a study
showed that food intake in rats was
reduced after a single administration of
lorcaserin. The doses administered were
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3, 6, 12, and 24 mg/kg. Lorcaserin
decreased the cumulative food intake at
2, 4, 6, and 22 hours. The ED50 for food
intake inhibition was 18 mg/kg.
According to HHS’ review, a drug
discrimination study conducted in 2,5dimethoxy-4-methylamphetamine
(DOM)-trained rats showed that
lorcaserin (0.1–10 mg/kg) produced full
generalization (≥ 80%) to the DOM cue
in 7 of 9 rats. DOM is a Schedule I
hallucinogen and a 5-HT2A and 5-HT2C
receptor agonist. These data suggest that
lorcaserin in doses 0.1 to 10 mg/kg
produces discriminative stimulus
responses similar to DOM, a
hallucinogen.
As described by HHS in a human
abuse potential study with individuals
with a history of abusing drugs,
lorcaserin was evaluated for its abuse
potential; it was compared to ketamine
(Schedule III NMDA antagonist),
zolpidem (Schedule IV GABA agonist),
and a placebo. In clinical trials,
lorcaserin, similar to ketamine and
zolpidem, produced euphoric and
hallucinogenic adverse events (AEs).
3. The State of the Current Scientific
Knowledge Regarding the Drug or Other
Substance: HHS states that lorcaserin
((R)-8-chloro-1-methyl-2,3,4,5tetrahydro-1H-3-benzepine
hydrochloride hemihydrate) is watersoluble. The molecular formula is
C11H14ClN and its molecular weight is
241.6 g/mol, the CAS number is
616202–92–7.
According to HHS, in humans,
lorcaserin is rapidly absorbed from the
gastrointestinal tract after oral
administration, the tmax (time to reach
maximum plasma concentration) is ≤ 2
hours and its half-life in plasma is about
11 hours. DEA further notes that after a
single oral administration of 10 mg/kg
lorcaserin to rats, the absorption from
the gastrointestinal tract was rapid,
resulting in a mean maximum plasma
concentration (Cmax) of 0.76 mg/ml at
0.25 hour. The time from oral
administration to brain maximal
exposure was 1 hour.
According to HHS, the major
circulating metabolite of lorcaserin is
lorcaserin sulfamate (M1). Lorcaserin is
metabolized by the liver and excreted by
the kidney. M1 is considered inactive
and it does not bind significantly to
monoamine transporters. DEA further
notes that the major metabolite in the
urine is N-carbamoyl glucuronide (M5).
4. Its History and Current Pattern of
Abuse: History and current pattern of
abuse of lorcaserin is not available since
it has not been marketed in any country.
As stated in HHS’ review, lorcaserin
produced positive subjective effects in a
human abuse potential study that are
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similar to those produced by zolpidem
(Schedule IV) and ketamine (Schedule
III). HHS states that the positive
subjective effects reported from
supratherapeutic doses of lorcaserin
administration, are predictive of its
potential for abuse.
5. The Scope, Duration, and
Significance of Abuse: According to the
HHS review, the information on
lorcaserin’s scope, duration and
significance of abuse is not available
since it has not been marketed in any
country. Thus, the evaluation of the
significance of abuse of lorcaserin
derives from positive indicators in premarket clinical trials which are believed
to be predictive of drug abuse. Based on
the AEs reported in the clinical efficacy
studies and the data from a human
abuse potential lorcaserin study, HHS
concluded that the scope and
significance of the abuse potential of
lorcaserin is similar to Schedule IV
substances. HHS states that marketing
lorcaserin as a Schedule IV substance
will decrease its abuse, as opposed to
marketing it as an uncontrolled or
Schedule V substance.
6. What, if any, Risk There is to the
Public Health: According to HHS, the
abuse potential of lorcaserin presents a
risk to the public health. HHS states that
lorcaserin produces a number of AEs
that are commonly seen with other
Schedule IV substances that are abused.
Some of these AEs include feeling
jittery, psychomotor hyperactivity,
paresthesia, abnormal dreams, and state
of confusion. Headache, nausea, and
dizziness were the most commonly
reported AEs in lorcaserin clinical
studies. In a human abuse potential
study, 20–60 mg lorcaserin produced a
high incidence of the AE euphoria in 6–
19% of the subjects. According to HHS,
because lorcaserin binds to 5-HT2
receptors and generalizes to 5-HT2
agonists in drug discrimination studies
in rats, it is expected to have a
hallucinogenic profile. DEA further
notes that in the human abuse potential
study conducted by Shram and
colleagues (2011), supratherapeutic
doses of lorcaserin were associated with
significantly higher peak scores on the
‘‘Detached’’ (40 and 60 mg),
‘‘Hallucinations’’ (40 mg), and ‘‘Spaced
Out’’ (40 and 60 mg) visual analog
scales.
7. Its Psychic or Physiological
Dependence Liability: According to
HHS’ review, there were two clinical
studies conducted to determine the
ability of lorcaserin to induce physical
dependence. The patients in these
studies were obese and lorcaserin was
administered for 4 and 12 weeks prior
to drug discontinuation. Upon
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lorcaserin discontinuation, there were
no signs of changes in mood, food
interest, or body weight.
Discontinuation of lorcaserin
administration to animals also did not
produce typical withdrawal symptoms.
However, according to HHS, the ability
of lorcaserin to produce hallucinations,
euphoria, and positive subjective
responses at supratherapeutic doses is
suggestive of its potential to produce
psychic dependence.
8. Whether the Substance is an
Immediate Precursor of a Substance
Already Controlled Under the CSA:
Lorcaserin is not an immediate
precursor of a substance already
controlled under the CSA.
Conclusion: Based on consideration of
the scientific and medical evaluation
conducted by HHS and its
recommendation, and after considering
its own eight-factor analysis, DEA has
determined that these facts and all
relevant data constitute substantial
evidence of potential for abuse of
lorcaserin. As such, DEA hereby
proposes to schedule lorcaserin as a
controlled substance under the CSA.
Proposed Determination of Appropriate
Schedule
The CSA establishes five schedules of
controlled substances known as
Schedules I, II, III, IV, and V. The statute
outlines the findings required in placing
a drug or other substance in any
schedule. 21 U.S.C. 812(b). After
consideration of the analysis and
recommendation of the Assistant
Secretary for Health of HHS and review
of all available data, the Administrator
of DEA, pursuant to 21 U.S.C. 812(b),
finds that:
(1) Lorcaserin has a low potential for
abuse relative to the drugs or other
substances in Schedule III. The overall
abuse potential of lorcaserin is
comparable to the Schedule IV
substances;
(2) Lorcaserin has a currently
accepted medical use in treatment in the
United States. Lorcaserin was approved
for marketing by FDA as an addition to
a reduced-calorie diet and exercise, for
chronic weight management; and
(3) Abuse of lorcaserin may lead to
limited psychological dependence
relative to the drugs or other substances
in Schedule III. This finding is based on
the ability of lorcaserin to produce
positive subjective effects at
supratherapeutic doses.
Based on these findings, the
Administrator of DEA concludes that
lorcaserin, including its salts, isomers,
and salts of isomers whenever the
existence of such salts, isomers, and
salts of isomers is possible, warrants
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control in Schedule IV of the CSA (21
U.S.C. 812(b)(4)).
Requirements for Handling Lorcaserin
If this rule is finalized as proposed,
lorcaserin would be subject to CSA
regulatory controls and administrative,
civil and criminal sanctions applicable
to the manufacture, distribution,
dispensing, importing and exporting of
a Schedule IV controlled substance,
including the following:
Registration. Any person who
manufactures, distributes, dispenses,
imports, exports, engages in research or
conducts instructional activities with
lorcaserin, or who desires to
manufacture, distribute, dispense,
import, export, engage in instructional
activities or conduct research with
lorcaserin, would need to be registered
to conduct such activities pursuant to
21 U.S.C. 822 and in accordance with 21
CFR Part 1301.
Security. Lorcaserin would be subject
to Schedules III–V security
requirements and would need to be
manufactured, distributed, and stored
pursuant to 21 U.S.C. 823 and in
accordance with 21 CFR 1301.71,
1301.72(b), (c), and (d), 1301.73,
1301.74, 1301.75(b) and (c), 1301.76,
and 1301.77.
Labeling and Packaging. All labels
and labeling for commercial containers
of lorcaserin which are distributed on or
after finalization of this rule would need
to be in accordance with 21 CFR
1302.03–1302.07, pursuant to 21 U.S.C.
825.
Inventory. Every registrant required to
keep records and who possesses any
quantity of lorcaserin would be required
to keep an inventory of all stocks of
lorcaserin on hand pursuant to 21
U.S.C. 827 and in accordance with 21
CFR 1304.03, 1304.04, and 1304.11.
Every registrant who desires registration
in Schedule IV for lorcaserin would be
required to conduct an inventory of all
stocks of the substance on hand at the
time of registration.
Records. All registrants would be
required to keep records pursuant to 21
U.S.C. 827 and in accordance with 21
CFR 1304.03, 1304.04, 1304.21, 1304.22,
and 1304.23.
Prescriptions. All prescriptions for
lorcaserin or prescriptions for products
containing lorcaserin would be required
to be issued as a controlled substance
pursuant to 21 U.S.C. 829 and in
accordance with 21 CFR 1306, including
but not limited to 21 CFR 1306.03–
1306.06, 1306.08, 1306.09, and 1306.21–
1306.27.
Importation and Exportation. All
importation and exportation of
lorcaserin would need to be done in
E:\FR\FM\19DEP1.SGM
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Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Proposed Rules
accordance with 21 CFR Part 1312,
pursuant to 21 U.S.C. 952, 953, 957, and
958.
Criminal Liability. Any activity with
lorcaserin not authorized by, or in
violation of, Subchapter I Part D and
Subchapter II of the CSA occurring on
or after finalization of this proposed rule
would be unlawful.
Regulatory Analyses
Executive Orders 12866 and 13563
In accordance with 21 U.S.C. 811(a),
this proposed scheduling action is
subject to formal rulemaking procedures
done ‘‘on the record after opportunity
for a hearing,’’ which are conducted
pursuant to the provisions of 5 U.S.C.
556 and 557. Such actions are exempt
from review by the Office of
Management and Budget pursuant to
Section 3(d)(1) of Executive Order
12866 and the principles reaffirmed in
Executive Order 13563.
Executive Order 12988
This proposed regulation meets the
applicable standards set forth in
Sections 3(a) and 3(b)(2) of Executive
Order 12988 Civil Justice Reform to
eliminate ambiguity, minimize
litigation, establish clear legal standards
and reduce burden.
Executive Order 13132
This proposed rulemaking does not
preempt or modify any provision of
State law; nor does it impose
enforcement responsibilities on any
State; nor does it diminish the power of
any State to enforce its own laws.
Accordingly, this rulemaking does not
have federalism implications warranting
the application of Executive Order
13132.
Executive Order 13175
This proposed rule will not have
tribal implications and will not impose
substantial direct compliance costs on
Indian tribal governments.
wreier-aviles on DSK5TPTVN1PROD with
Regulatory Flexibility Act
The Administrator, in accordance
with the Regulatory Flexibility Act (5
U.S.C. 601–612), has reviewed this
proposed rule and by approving it
certifies that it will not have a
significant economic impact on a
substantial number of small entities.
Lorcaserin products, as recently
approved by the FDA, will be used as
an adjunct treatment of partial onset
seizure. Handlers of lorcaserin will also
handle other controlled substances used
as anti-seizure agents, which are already
subject to the regulatory requirements of
the CSA.
VerDate Mar<15>2010
15:12 Dec 18, 2012
Jkt 229001
Unfunded Mandates Reform Act of
1995
DEPARTMENT OF HOMELAND
SECURITY
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $136,000,000 or more
(adjusted for inflation) in any one year,
and will not significantly or uniquely
affect small governments. Therefore, no
actions were deemed necessary under
provisions of the Unfunded Mandates
Reform Act of 1995.
75079
Coast Guard
Paperwork Reduction Act of 1995
33 CFR Part 165
[Docket Number USCG–2012–1013]
RIN 1625–AA00
Safety Zone; Woldenburg Park,
Mississippi River, New Orleans, LA
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Captain of the Port New
Orleans, under the authority of the Ports
and Waterways Safety Act, intends to
establish a temporary safety zone on the
Mississippi River in the vicinity of
Woldenburg Park, mile marker 94 to
List of Subjects in 21 CFR Part 1308
mile marker 96, extending out 300 feet
Administrative practice and
from the East Bank of the Mississippi
procedure, Drug traffic control,
River during Super Bowl 2013
Reporting and recordkeeping
celebratory events. The Super Bowl is a
large scale event that poses many public
requirements.
safety concerns due to the number of
For the reasons set out above, 21 CFR
people that will attend. This safety zone
part 1308 is proposed to be amended as
would be established to protect the
follows:
public from the hazards created by
congested river traffic. This rule would
PART 1308—SCHEDULES OF
be effective from 6:00 a.m. on January
CONTROLLED SUBSTANCES
29, 2013 through 6:00 a.m. on February
4, 2013. The zone will be enforced
1. The authority citation for part 1308
between the hours of 8:00 a.m. and
continues to read as follows:
10:00 p.m. on each day of the effective
Authority: 21 U.S.C. 811, 812, 871(b),
period described above.
unless otherwise noted.
DATES: Comments and related material
must be received by the Coast Guard on
2. Section 1308.14 is amended by
or before December 30, 2012.
redesignating paragraphs (e) and (f) as
ADDRESSES: You may submit comments
paragraphs (f) and (g) and adding a new
identified by docket number using any
paragraph (e) to read as follows:
one of the following methods:
(1) Federal eRulemaking Portal:
§ 1308.14 Schedule IV.
https://www.regulations.gov.
*
*
*
*
*
(2) Fax: 202–493–2251.
(e) Lorcaserin. Any material,
(3) Mail or Delivery: Docket
compound, mixture, or preparation
Management Facility (M–30), U.S.
which contains any quantity of the
Department of Transportation, West
following substances, including its salts, Building Ground Floor, Room W12–140,
isomers, and salts of such isomers,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
whenever the existence of such salts,
isomers, and salts of isomers is possible: accepted between 9 a.m. and 5 p.m.,
(1) Lorcaserin ...............................
1625 Monday through Friday, except Federal
holidays. The telephone number is 202–
*
*
*
*
*
366–9329.
See the ‘‘Public Participation and
Dated: December 13, 2012.
Request for Comments’’ portion of the
Michele M. Leonhart,
SUPPLEMENTARY INFORMATION section
Administrator.
below for further instructions on
[FR Doc. 2012–30531 Filed 12–18–12; 8:45 am]
submitting comments. To avoid
BILLING CODE 4410–09–P
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Kenneth Blair, Sector New
Orleans, U.S. Coast Guard; telephone
(504) 365–2392, email
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501–3521.
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
SUMMARY:
E:\FR\FM\19DEP1.SGM
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Agencies
[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Proposed Rules]
[Pages 75075-75079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30531]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-369]
Schedules of Controlled Substances: Placement of Lorcaserin Into
Schedule IV
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Drug Enforcement Administration (DEA) proposes placing the
substance lorcaserin, including its salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of
isomers is possible, into Schedule IV of the Controlled Substances Act
(CSA). This proposed action is based on a recommendation from the
Assistant Secretary for Health of the Department of Health and Human
Services (HHS) and on an evaluation of all other relevant data by DEA.
If finalized, this action would impose the regulatory controls and
criminal sanctions of Schedule IV on the manufacture, distribution,
dispensing, importation, exportation, and possession of lorcaserin and
products containing lorcaserin.
DATES: DEA will permit interested persons to file written comments on
this proposal pursuant to 21 CFR 1308.43(g). Electronic comments must
be submitted and written comments must be postmarked on or before
January 18, 2013. Commenters should be aware that the electronic
Federal Docket Management System will not accept comments after
midnight Eastern Time on the last day of the comment period.
[[Page 75076]]
Interested persons, defined as those ``adversely affected or
aggrieved by any rule or proposed rule issuable pursuant to section 201
of the Act (21 U.S.C. 811),'' \1\ may file a request for hearing or
waiver of participation pursuant to 21 CFR 1308.44 and in accordance
with 21 CFR 1316.45. Requests for hearing and waivers of participation
must be received on or before January 18, 2013.
---------------------------------------------------------------------------
\1\ 21 CFR 1300.01.
ADDRESSES: To ensure proper handling of comments, please reference
``Docket No. DEA-369'' on all electronic and written correspondence.
DEA encourages all comments be submitted electronically through https://www.regulations.gov using the electronic comment form provided on that
site. An electronic copy of this document and supplemental information
to this proposed rule are also available at the https://www.regulations.gov Web site for easy reference. Paper comments that
duplicate the electronic submission are not necessary as all comments
submitted to www.regulations.gov will be posted for public review and
are part of the official docket record. Should you, however, wish to
submit written comments via regular or express mail, they should be
sent to the Drug Enforcement Administration, Attention: DEA Federal
Register Representative/OD, 8701 Morrissette Drive, Springfield, VA
22152. All requests for hearing and waivers of participation must be
sent to Drug Enforcement Administration, Attention: Hearing Clerk/LJ,
---------------------------------------------------------------------------
8701 Morrissette Drive, Springfield, VA 22152.
FOR FURTHER INFORMATION CONTACT: John W. Partridge, Executive
Assistant, Office of Diversion Control, Drug Enforcement
Administration; Mailing Address: 8701 Morrissette Drive, Springfield,
Virginia 22152. Telephone: (202) 307-7165.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received are considered part of the
public record and made available for public inspection online at https://www.regulations.gov and in the DEA's public docket. Such information
includes personal identifying information (such as your name, address,
etc.) voluntarily submitted by the commenter.
If you want to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not want it
to be posted online or made available in the public docket, you must
include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You must also place all the personal
identifying information you do not want posted online or made available
in the public docket in the first paragraph of your comment and
identify what information you want redacted.
If you want to submit confidential business information as part of
your comment, but do not want it to be posted online or made available
in the public docket, you must include the phrase ``CONFIDENTIAL
BUSINESS INFORMATION'' in the first paragraph of your comment. You must
also prominently identify confidential business information to be
redacted within the comment. If a comment has so much confidential
business information that it cannot be effectively redacted, all or
part of that comment may not be posted online or made available in the
public docket.
Personal identifying information and confidential business
information identified and located as set forth above will be redacted
and the comment, in redacted form, will be posted online and placed in
the DEA's public docket file. Please note that the Freedom of
Information Act applies to all comments received. If you wish to
inspect the agency's public docket file in person by appointment,
please see the ``For Further Information Contact'' paragraph, above.
Requests for Hearing or Waiver of Participation in Hearing
In accordance with the provisions of the CSA (21 U.S.C. 811(a)),
this action is a formal rulemaking ``on the record after opportunity
for a hearing.'' Such proceedings are conducted pursuant to the
provisions of the Administrative Procedure Act (5 U.S.C. 556 and 557)
and 21 CFR 1308.41. Pursuant to 21 CFR 1308.44(a) and (c), requests for
a hearing and waivers of participation may be submitted only by
interested persons, defined as those ``adversely affected or aggrieved
by any rule or proposed rule issuable pursuant to section 201 of the
Act (21 U.S.C. 811).'' \2\ Requests for a hearing must conform to the
requirements of 21 CFR 1308.44(a) and 1316.47. A request should state,
with particularity, the interest of the person in the proceeding and
the objections or issues, if any, concerning which the person desires
to be heard. Any waiver must conform to the requirements of 21 CFR
1308.44(c), including a written statement regarding the interested
person's position on the matters of fact and law involved in any
hearing.
---------------------------------------------------------------------------
\2\ 21 CFR 1300.01.
---------------------------------------------------------------------------
Please note that pursuant to 21 U.S.C. 811(a), the purpose and
subject matter of the hearing is restricted to ``(A) find[ing] that
such drug or other substance has a potential for abuse, and (B)
mak[ing] with respect to such drug or other substance the findings
prescribed by subsection (b) of section 812 of this title for the
schedule in which such drug is to be placed * * *'' Requests for
hearing and waivers of participation in the hearing should be submitted
to DEA using the address information provided above. DEA may grant a
hearing only ``for the purpose of receiving factual evidence and expert
opinion regarding the issues involved in the issuance, amendment or
repeal of a rule issuable'' pursuant to 21 U.S.C. 811(a).
Legal Authority
DEA implements and enforces Titles II and III of the Comprehensive
Drug Abuse Prevention and Control Act of 1970, often referred to as the
Controlled Substances Act (CSA) and the Controlled Substances Import
Export Act (CSIEA) (21 U.S.C. 801-971), as amended (hereinafter,
``CSA'').
Under the CSA, controlled substances are classified in one of five
schedules based upon their potential for abuse, their currently
accepted medical use, safety and the degree of dependence the substance
may cause. 21 U.S.C. 812. The initial schedules of controlled
substances are found at 21 U.S.C. 812(c). Pursuant to 21 U.S.C.
811(a)(1), the Attorney General may, by rule, ``add to such a schedule
or transfer between such schedules any drug or other substance if he
(A) finds that such drug or other substance has a potential for abuse,
and (B) makes with respect to such drug or other substance the findings
prescribed by subsection (b) of section 812 of this title for the
schedule in which such drug is to be placed* * *'' Pursuant to 28 CFR
0.100(b), the Attorney General has delegated this scheduling authority
to the Administrator of DEA.
Background
Lorcaserin ((R)-8-chloro-1-methyl-2,3,4,5-tetrahydro-1H-3-benzepine
hydrochloride hemihydrate) is a new chemical entity which has central
nervous system hallucinogenic properties. Lorcaserin is a serotonin
receptor agonist, at the 5HT2C and 5HT2A receptor
subtypes. Lorcaserin was approved by the Food and Drug Administration
(FDA) on June 27, 2012, as an addition to a reduced-calorie diet and
exercise, for chronic weight
[[Page 75077]]
management and it will be marketed under the trade name BELVIQ[supreg].
Proposed Determination To Schedule Lorcaserin
Pursuant to the CSA, 21 U.S.C. 811(a), proceedings to add a drug or
substance to those controlled under the CSA may be initiated by request
of the Secretary of HHS. On June 25, 2012, HHS provided DEA with a
scientific and medical evaluation document prepared by FDA entitled
``Basis for the Recommendation for Control of Lorcaserin in Schedule IV
of the Controlled Substances Act.'' Pursuant to 21 U.S.C. 811(b), (c),
and (f), this document contained an eight-factor analysis of the abuse
potential of lorcaserin as a new drug, along with HHS' recommendation
to control lorcaserin under Schedule IV of the CSA.
In response, DEA conducted an eight-factor analysis of abuse
potential of lorcaserin pursuant to 21 U.S.C. 811(c). Included below is
a brief summary of each factor as considered by HHS and DEA. Please
note that both the DEA and HHS analyses are available in whole in the
``Supporting and Related Material'' of the public docket for this rule
at www.regulations.gov under docket number DEA-369. Full analysis of
and citations to the information referenced in the summary may be found
in the supporting material.
1. The Drug's Actual or Relative Potential for Abuse: Lorcaserin is
a new chemical substance that has not been marketed in the U.S. or in
any other country. As such, there is no information available which
details actual abuse of lorcaserin. However, the legislative history of
the CSA offers another methodology for assessing a drug or substance's
potential for abuse:
The drug or drugs containing such a substance are new drugs so
related in their action to a drug or drugs already listed as having
a potential for abuse to make it likely that the drug will have the
same potentiality for abuse as such drugs, thus making it reasonable
to assume that there may be significant diversions from legitimate
channels, significant use contrary to or without medical advice, or
that it has a substantial capability of creating hazards to the
health of the user or to the safety of the community.\3\
---------------------------------------------------------------------------
\3\ Comprehensive Drug Abuse Prevention and Control Act of 1970,
H.R. Rep. No. 91-1444, 91st Cong., Sess. 1 (1970); 1970 U.S.C.C.A.N.
4566, 4601.
According to HHS, lorcaserin is an agonist at the serotonin
receptor subtypes 5-HT2C and 5-HT2A. Lorcaserin
is indicated as an addition to a reduced-calorie diet and exercise, for
chronic weight management. There is evidence, described below, that
lorcaserin produces subjective effects in humans and in animals that
are similar to those produced by zolpidem (Schedule IV) and ketamine
(Schedule III)
HHS described a human abuse potential study in recreational drug
abusers of psychedelic drugs and CNS depressants, in which lorcaserin
and the comparator drugs zolpidem (Schedule IV) and ketamine (Schedule
III) produced significant increases on positive subjective measures
(visual analog scales (VAS)) for ``high'' and ``good drug effects as
well as an increase on the VAS for ``hallucinations.'' Lorcaserin, as
well as zolpidem and ketamine, significantly increased reports of
``sedation'' on the subjective scale of the Addiction Research Center
Inventory (ARCI), compared to placebo. HHS summarized that these
subjective response data suggest that lorcaserin produces subjective
effects similar to those produced by zolpidem and ketamine. According
to HHS, 20-60 mg of lorcaserin produced a high rate of euphoria in 6-
19% of the subjects in a human abuse potential study. The incidence of
euphoria following lorcaserin administration in the human abuse
potential study is similar to that reported following zolpidem
(Schedule IV) administration (13-16%) and lower than that following
ketamine (Schedule III) administration (50%).
According to HHS, lorcaserin is not available or marketed in any
country. Thus there is no evidence of lorcaserin diversion, illicit
manufacturing, or deliberate ingestion. Because lorcaserin has been
shown to produce euphoria in humans, it is anticipated that there will
be significant use contrary to or without medical advice. Lorcaserin is
not readily synthesized from available substances, and thus its
diversion will be likely from the legitimate channels.
2. Scientific Evidence of the Drug's Pharmacological Effects, If
Known: HHS stated that lorcaserin is a 5-HT2C and 5-
HT2A serotonin receptor agonist. DEA further notes that it
has been shown that lorcaserin through activation of 5-HT2C
receptors causes inositol phosphate accumulation with an
EC50 of 9 nM. Lorcaserin also activated the 5-
HT2A and 5-HT2B receptors, with EC50s
of 168 nM and 943 nM, respectively.
HHS stated that acutely, lorcaserin decreases locomotor activity in
rats. Tolerance does develop to this effect, because after 21 days,
lorcaserin does not affect the locomotor activity of the rats. DEA
further notes that a study showed that food intake in rats was reduced
after a single administration of lorcaserin. The doses administered
were 3, 6, 12, and 24 mg/kg. Lorcaserin decreased the cumulative food
intake at 2, 4, 6, and 22 hours. The ED50 for food intake
inhibition was 18 mg/kg.
According to HHS' review, a drug discrimination study conducted in
2,5-dimethoxy-4-methylamphetamine (DOM)-trained rats showed that
lorcaserin (0.1-10 mg/kg) produced full generalization (=
80%) to the DOM cue in 7 of 9 rats. DOM is a Schedule I hallucinogen
and a 5-HT2A and 5-HT2C receptor agonist. These
data suggest that lorcaserin in doses 0.1 to 10 mg/kg produces
discriminative stimulus responses similar to DOM, a hallucinogen.
As described by HHS in a human abuse potential study with
individuals with a history of abusing drugs, lorcaserin was evaluated
for its abuse potential; it was compared to ketamine (Schedule III NMDA
antagonist), zolpidem (Schedule IV GABA agonist), and a placebo. In
clinical trials, lorcaserin, similar to ketamine and zolpidem, produced
euphoric and hallucinogenic adverse events (AEs).
3. The State of the Current Scientific Knowledge Regarding the Drug
or Other Substance: HHS states that lorcaserin ((R)-8-chloro-1-methyl-
2,3,4,5-tetrahydro-1H-3-benzepine hydrochloride hemihydrate) is water-
soluble. The molecular formula is C11H14ClN and
its molecular weight is 241.6 g/mol, the CAS number is 616202-92-7.
According to HHS, in humans, lorcaserin is rapidly absorbed from
the gastrointestinal tract after oral administration, the
tmax (time to reach maximum plasma concentration) is <= 2
hours and its half-life in plasma is about 11 hours. DEA further notes
that after a single oral administration of 10 mg/kg lorcaserin to rats,
the absorption from the gastrointestinal tract was rapid, resulting in
a mean maximum plasma concentration (Cmax) of 0.76 [micro]g/
ml at 0.25 hour. The time from oral administration to brain maximal
exposure was 1 hour.
According to HHS, the major circulating metabolite of lorcaserin is
lorcaserin sulfamate (M1). Lorcaserin is metabolized by the liver and
excreted by the kidney. M1 is considered inactive and it does not bind
significantly to monoamine transporters. DEA further notes that the
major metabolite in the urine is N-carbamoyl glucuronide (M5).
4. Its History and Current Pattern of Abuse: History and current
pattern of abuse of lorcaserin is not available since it has not been
marketed in any country. As stated in HHS' review, lorcaserin produced
positive subjective effects in a human abuse potential study that are
[[Page 75078]]
similar to those produced by zolpidem (Schedule IV) and ketamine
(Schedule III). HHS states that the positive subjective effects
reported from supratherapeutic doses of lorcaserin administration, are
predictive of its potential for abuse.
5. The Scope, Duration, and Significance of Abuse: According to the
HHS review, the information on lorcaserin's scope, duration and
significance of abuse is not available since it has not been marketed
in any country. Thus, the evaluation of the significance of abuse of
lorcaserin derives from positive indicators in pre-market clinical
trials which are believed to be predictive of drug abuse. Based on the
AEs reported in the clinical efficacy studies and the data from a human
abuse potential lorcaserin study, HHS concluded that the scope and
significance of the abuse potential of lorcaserin is similar to
Schedule IV substances. HHS states that marketing lorcaserin as a
Schedule IV substance will decrease its abuse, as opposed to marketing
it as an uncontrolled or Schedule V substance.
6. What, if any, Risk There is to the Public Health: According to
HHS, the abuse potential of lorcaserin presents a risk to the public
health. HHS states that lorcaserin produces a number of AEs that are
commonly seen with other Schedule IV substances that are abused. Some
of these AEs include feeling jittery, psychomotor hyperactivity,
paresthesia, abnormal dreams, and state of confusion. Headache, nausea,
and dizziness were the most commonly reported AEs in lorcaserin
clinical studies. In a human abuse potential study, 20-60 mg lorcaserin
produced a high incidence of the AE euphoria in 6-19% of the subjects.
According to HHS, because lorcaserin binds to 5-HT2
receptors and generalizes to 5-HT2 agonists in drug
discrimination studies in rats, it is expected to have a hallucinogenic
profile. DEA further notes that in the human abuse potential study
conducted by Shram and colleagues (2011), supratherapeutic doses of
lorcaserin were associated with significantly higher peak scores on the
``Detached'' (40 and 60 mg), ``Hallucinations'' (40 mg), and ``Spaced
Out'' (40 and 60 mg) visual analog scales.
7. Its Psychic or Physiological Dependence Liability: According to
HHS' review, there were two clinical studies conducted to determine the
ability of lorcaserin to induce physical dependence. The patients in
these studies were obese and lorcaserin was administered for 4 and 12
weeks prior to drug discontinuation. Upon lorcaserin discontinuation,
there were no signs of changes in mood, food interest, or body weight.
Discontinuation of lorcaserin administration to animals also did not
produce typical withdrawal symptoms. However, according to HHS, the
ability of lorcaserin to produce hallucinations, euphoria, and positive
subjective responses at supratherapeutic doses is suggestive of its
potential to produce psychic dependence.
8. Whether the Substance is an Immediate Precursor of a Substance
Already Controlled Under the CSA: Lorcaserin is not an immediate
precursor of a substance already controlled under the CSA.
Conclusion: Based on consideration of the scientific and medical
evaluation conducted by HHS and its recommendation, and after
considering its own eight-factor analysis, DEA has determined that
these facts and all relevant data constitute substantial evidence of
potential for abuse of lorcaserin. As such, DEA hereby proposes to
schedule lorcaserin as a controlled substance under the CSA.
Proposed Determination of Appropriate Schedule
The CSA establishes five schedules of controlled substances known
as Schedules I, II, III, IV, and V. The statute outlines the findings
required in placing a drug or other substance in any schedule. 21
U.S.C. 812(b). After consideration of the analysis and recommendation
of the Assistant Secretary for Health of HHS and review of all
available data, the Administrator of DEA, pursuant to 21 U.S.C. 812(b),
finds that:
(1) Lorcaserin has a low potential for abuse relative to the drugs
or other substances in Schedule III. The overall abuse potential of
lorcaserin is comparable to the Schedule IV substances;
(2) Lorcaserin has a currently accepted medical use in treatment in
the United States. Lorcaserin was approved for marketing by FDA as an
addition to a reduced-calorie diet and exercise, for chronic weight
management; and
(3) Abuse of lorcaserin may lead to limited psychological
dependence relative to the drugs or other substances in Schedule III.
This finding is based on the ability of lorcaserin to produce positive
subjective effects at supratherapeutic doses.
Based on these findings, the Administrator of DEA concludes that
lorcaserin, including its salts, isomers, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers is possible,
warrants control in Schedule IV of the CSA (21 U.S.C. 812(b)(4)).
Requirements for Handling Lorcaserin
If this rule is finalized as proposed, lorcaserin would be subject
to CSA regulatory controls and administrative, civil and criminal
sanctions applicable to the manufacture, distribution, dispensing,
importing and exporting of a Schedule IV controlled substance,
including the following:
Registration. Any person who manufactures, distributes, dispenses,
imports, exports, engages in research or conducts instructional
activities with lorcaserin, or who desires to manufacture, distribute,
dispense, import, export, engage in instructional activities or conduct
research with lorcaserin, would need to be registered to conduct such
activities pursuant to 21 U.S.C. 822 and in accordance with 21 CFR Part
1301.
Security. Lorcaserin would be subject to Schedules III-V security
requirements and would need to be manufactured, distributed, and stored
pursuant to 21 U.S.C. 823 and in accordance with 21 CFR 1301.71,
1301.72(b), (c), and (d), 1301.73, 1301.74, 1301.75(b) and (c),
1301.76, and 1301.77.
Labeling and Packaging. All labels and labeling for commercial
containers of lorcaserin which are distributed on or after finalization
of this rule would need to be in accordance with 21 CFR 1302.03-
1302.07, pursuant to 21 U.S.C. 825.
Inventory. Every registrant required to keep records and who
possesses any quantity of lorcaserin would be required to keep an
inventory of all stocks of lorcaserin on hand pursuant to 21 U.S.C. 827
and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11. Every
registrant who desires registration in Schedule IV for lorcaserin would
be required to conduct an inventory of all stocks of the substance on
hand at the time of registration.
Records. All registrants would be required to keep records pursuant
to 21 U.S.C. 827 and in accordance with 21 CFR 1304.03, 1304.04,
1304.21, 1304.22, and 1304.23.
Prescriptions. All prescriptions for lorcaserin or prescriptions
for products containing lorcaserin would be required to be issued as a
controlled substance pursuant to 21 U.S.C. 829 and in accordance with
21 CFR 1306, including but not limited to 21 CFR 1306.03-1306.06,
1306.08, 1306.09, and 1306.21-1306.27.
Importation and Exportation. All importation and exportation of
lorcaserin would need to be done in
[[Page 75079]]
accordance with 21 CFR Part 1312, pursuant to 21 U.S.C. 952, 953, 957,
and 958.
Criminal Liability. Any activity with lorcaserin not authorized by,
or in violation of, Subchapter I Part D and Subchapter II of the CSA
occurring on or after finalization of this proposed rule would be
unlawful.
Regulatory Analyses
Executive Orders 12866 and 13563
In accordance with 21 U.S.C. 811(a), this proposed scheduling
action is subject to formal rulemaking procedures done ``on the record
after opportunity for a hearing,'' which are conducted pursuant to the
provisions of 5 U.S.C. 556 and 557. Such actions are exempt from review
by the Office of Management and Budget pursuant to Section 3(d)(1) of
Executive Order 12866 and the principles reaffirmed in Executive Order
13563.
Executive Order 12988
This proposed regulation meets the applicable standards set forth
in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice
Reform to eliminate ambiguity, minimize litigation, establish clear
legal standards and reduce burden.
Executive Order 13132
This proposed rulemaking does not preempt or modify any provision
of State law; nor does it impose enforcement responsibilities on any
State; nor does it diminish the power of any State to enforce its own
laws. Accordingly, this rulemaking does not have federalism
implications warranting the application of Executive Order 13132.
Executive Order 13175
This proposed rule will not have tribal implications and will not
impose substantial direct compliance costs on Indian tribal
governments.
Regulatory Flexibility Act
The Administrator, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 601-612), has reviewed this proposed rule and by
approving it certifies that it will not have a significant economic
impact on a substantial number of small entities. Lorcaserin products,
as recently approved by the FDA, will be used as an adjunct treatment
of partial onset seizure. Handlers of lorcaserin will also handle other
controlled substances used as anti-seizure agents, which are already
subject to the regulatory requirements of the CSA.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of
$136,000,000 or more (adjusted for inflation) in any one year, and will
not significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under provisions of the Unfunded Mandates
Reform Act of 1995.
Paperwork Reduction Act of 1995
This action does not impose a new collection of information
requirement under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3521.
List of Subjects in 21 CFR Part 1308
Administrative practice and procedure, Drug traffic control,
Reporting and recordkeeping requirements.
For the reasons set out above, 21 CFR part 1308 is proposed to be
amended as follows:
PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES
1. The authority citation for part 1308 continues to read as
follows:
Authority: 21 U.S.C. 811, 812, 871(b), unless otherwise noted.
2. Section 1308.14 is amended by redesignating paragraphs (e) and
(f) as paragraphs (f) and (g) and adding a new paragraph (e) to read as
follows:
Sec. 1308.14 Schedule IV.
* * * * *
(e) Lorcaserin. Any material, compound, mixture, or preparation
which contains any quantity of the following substances, including its
salts, isomers, and salts of such isomers, whenever the existence of
such salts, isomers, and salts of isomers is possible:
(1) Lorcaserin............................................... 1625
* * * * *
Dated: December 13, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012-30531 Filed 12-18-12; 8:45 am]
BILLING CODE 4410-09-P