Schedules of Controlled Substances: Temporary Placement of Three Synthetic Phenethylamines Into Schedule I, 68716-68719 [2013-27315]

Agencies

• Drug Enforcement Administration
• Department of Justice

[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Rules and Regulations]
[Pages 68716-68719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27315]



[[Page 68716]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-382]


Schedules of Controlled Substances: Temporary Placement of Three 
Synthetic Phenethylamines Into Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final order.

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SUMMARY: The Deputy Administrator of the Drug Enforcement 
Administration (DEA) is issuing this final order to temporarily 
schedule three synthetic phenethylamines into the Controlled Substances 
Act (CSA) pursuant to the temporary scheduling provisions of 21 U.S.C. 
811(h). The substances are 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5), 2-(4-
chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe; 
2C-C-NBOMe; 25C; Cimbi-82), and 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine (25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36) 
[hereinafter 25I-NBOMe, 25C-NBOMe, and 25B-NBOMe]. This action is based 
on a finding by the Deputy Administrator that the placement of these 
synthetic phenethylamines and their optical, positional, and geometric 
isomers, salts and salts of isomers in schedule I of the CSA is 
necessary to avoid an imminent hazard to the public safety. As a result 
of this order, the regulatory controls and administrative, civil, and 
criminal sanctions applicable to schedule I controlled substances will 
be imposed on persons who handle (manufacture, distribute, dispense, 
import, export, engage in research, conduct instructional activities, 
and possess), or propose to handle these synthetic phenethylamines.

DATES: This final order is effective November 15, 2013.

FOR FURTHER INFORMATION CONTACT: Ruth A. Carter, Chief, Policy 
Evaluation and Analysis Section, Office of Diversion Control, Drug 
Enforcement Administration; Mailing Address: 8701 Morrissette Drive, 
Springfield, Virginia 22152, Telephone (202) 598-6812.

SUPPLEMENTARY INFORMATION: 

Legal Authority

    The DEA implements and enforces titles II and III of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970, as 
amended. Titles II and III are referred to as the ``Controlled 
Substances Act'' and the ``Controlled Substances Import and Export 
Act,'' respectively, but they are collectively referred to as the 
``Controlled Substances Act'' or the ``CSA'' for the purpose of this 
action. 21 U.S.C. 801-971. The DEA publishes the implementing 
regulations for these statutes in title 21 of the Code of Federal 
Regulations (CFR), parts 1300 to 1321. The CSA and its implementing 
regulations are designed to prevent, detect, and eliminate the 
diversion of controlled substances and listed chemicals into the 
illicit market while providing for legitimate medical, scientific, 
research, and industrial needs of the United States. Controlled 
substances have the potential for abuse and dependence and are 
controlled to protect the public health and safety.
    Under the CSA, controlled substances are classified into one of 
five schedules based upon their potential for abuse, their currently 
accepted medical use, and the degree of dependence the substance may 
cause. 21 U.S.C. 812. The initial schedules of controlled substances 
established by Congress are found at 21 U.S.C. 812(c), and the current 
list of all scheduled substances is published at 21 CFR part 1308.
    Section 201 of the CSA, 21 U.S.C. 811, provides the Attorney 
General with the authority to temporarily place a substance into 
schedule I of the CSA for two years, without regard to the requirements 
of 21 U.S.C. 811(b), if he finds that such action is necessary to avoid 
an imminent hazard to the public safety. 21 U.S.C. 811(h). In addition, 
if proceedings to control a substance are initiated under 21 U.S.C. 
811(a)(1), the Attorney General may extend the temporary scheduling for 
up to one year. 21 U.S.C. 811(h)(2).
    Where the necessary findings are made, a substance may be 
temporarily scheduled if it is not listed in any other schedule under 
section 202 of the CSA, 21 U.S.C. 812, or if there is no exemption or 
approval in effect under section 505 of the Federal Food, Drug, and 
Cosmetic Act (FD&C Act), 21 U.S.C. 355, for the substance. 21 U.S.C. 
811(h)(1). Pursuant to 21 U.S.C. 871(a), the Attorney General has 
delegated his scheduling authority under 21 U.S.C. 811 to the 
Administrator of the DEA, who in turn has delegated her authority to 
the Deputy Administrator of the DEA. 28 CFR 0.100, 0.104.

Background

    Section 201(h)(4) of the CSA, 21 U.S.C. 811(h)(4), requires the 
Deputy Administrator to notify the Secretary of the Department of 
Health and Human Services (HHS) of his intention to temporarily place a 
substance in schedule I of the CSA.\1\ The Deputy Administrator 
transmitted notice of his intent to place 25I-NBOMe, 25C-NBOMe, and 
25B-NBOMe in schedule I on a temporary basis to the Assistant Secretary 
by letter dated September 3, 2013. The Assistant Secretary responded to 
this notice by letter dated October 1, 2013 (received by the DEA on 
October 8, 2013), and advised that based on review by the FDA, there 
are currently no investigational new drug applications or approved new 
drug applications for 25I-NBOMe, 25C-NBOMe, or 25B-NBOMe. The Assistant 
Secretary also stated that the HHS has no objection to the temporary 
placement of 25I-NBOMe, 25C-NBOMe, or 25B-NBOMe in schedule I of the 
CSA. The DEA has taken into consideration the Assistant Secretary's 
comments as required by 21 U.S.C. 811(h)(4). As 25I-NBOMe, 25C-NBOMe, 
and 25B-NBOMe are not currently listed in any schedule under the CSA, 
and as no exemptions or approvals are in effect for 25I-NBOMe, 25C-
NBOMe, and 25B-NBOMe under section 505 of the FD&C Act, 21 U.S.C. 355, 
the conditions of 21 U.S.C. 811(h)(1) have been satisfied. As required 
by 21 U.S.C. 811(h)(1)(a), a notice of intent to temporarily schedule 
these three synthetic phenethylamines was published in the Federal 
Register on October 10, 2013. 78 FR 61991.
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    \1\ Because the Secretary of the HHS has delegated to the 
Assistant Secretary for Health of the HHS 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.'' As set forth in a memorandum of 
understanding entered into by the HHS, the Food and Drug 
Administration (FDA), and the National Institute on Drug Abuse 
(NIDA), the FDA acts as the lead agency within the HHS in carrying 
out the Assistant Secretary's scheduling responsibilities under the 
CSA, with the concurrence of the NIDA. 50 FR 9518, Mar. 8, 1985.
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    To make a finding that placing a substance temporarily in schedule 
I of the CSA is necessary to avoid an imminent hazard to the public 
safety, the Deputy Administrator is required to consider three of the 
eight factors set forth in section 201(c) of the CSA, 21 U.S.C. 811(c): 
The substance's history and current pattern of abuse; the scope, 
duration, and significance of abuse; and what, if any, risk there is to 
the public health. 21 U.S.C. 811(c)(4)-(6). Consideration of these 
factors includes actual abuse, diversion from legitimate channels, and 
clandestine importation, manufacture, or distribution. 21 U.S.C. 
811(h)(3).
    A substance meeting the statutory requirements for temporary 
scheduling may only be placed in schedule I. 21

[[Page 68717]]

U.S.C. 811(h)(1). Substances in schedule I are those that have a high 
potential for abuse, no currently accepted medical use in treatment in 
the United States, and a lack of accepted safety for use under medical 
supervision. 21 U.S.C. 812(b)(1). Available data and information for 
25I-NBOMe, 25C-NBOMe, and 25B-NBOMe indicate that these three synthetic 
phenethylamines have a high potential for abuse, no currently accepted 
medical use in treatment in the United States, and a lack of accepted 
safety for use under medical supervision.

Synthetic Phenethylamines

    The 2-methoxybenzyl series of 2C phenethylamine substances, such as 
25I-NBOMe, 25C-NBOMe, and 25B-NBOMe, has been developed over the last 
10 years for use in mapping and investigating the serotonin receptors 
in the mammalian brain. 25I-NBOMe and 25B-NBOMe were first described by 
legitimate research laboratories in 2003. Subsequent studies involving 
these two substances appeared in the scientific literature starting in 
2006. 25C-NBOMe first appeared in the scientific literature in 2011. No 
approved medical use has been identified for these synthetic 
phenethylamines, nor have they been approved by the FDA for human 
consumption. Synthetic 2C phenethylamine substances, of which 25I-
NBOMe, 25C-NBOMe, and 25B-NBOMe are representative, are so-termed for 
the two-carbon ethylene group between the phenyl ring and the amino 
group of the phenethylamine and are substituted with methoxy groups at 
the 2 and 5 positions of the phenyl ring. Numerous blotter papers and 
food items have been analyzed, and combinations of one or more of 25I-
NBOMe, 25C-NBOMe, and 25B-NBOMe have been identified as adulterants. 
Bulk quantities of these substances have been encountered as powders 
and liquid solutions.
    From November 2011 through June 2013, according to the System to 
Retrieve Information from Drug Evidence \2\ (STRIDE) data, there are 54 
exhibits involving 27 cases for 25I-NBOMe; 27 exhibits involving 12 
cases for 25C-NBOMe; and 4 exhibits involving 4 cases for 25B-NBOMe. 
From June 2011 through June 2013, the National Forensic Laboratory 
Information System \3\ (NFLIS) registered 959 reports containing these 
synthetic phenethylamines (25I-NBOMe--795 reports; 25C-NBOMe--144 
reports; 25B-NBOMe--20 reports) across 35 States. No instances 
involving 25I-NBOMe, 25C-NBOMe, or 25B-NBOMe were reported in NFLIS 
prior to June 2011.
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    \2\ STRIDE includes data on analyzed samples from DEA 
laboratories.
    \3\ NFLIS is a database that collects scientifically verified 
data on analyzed samples in State and local forensic laboratories.
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Factor 4. History and Current Pattern of Abuse

    One or more 2-methoxybenzyl analogues of the 2C compounds described 
here have been available over the Internet since 2010. The first 
identified domestic law enforcement encounter with 25I-NBOMe occurred 
in June 2011 in Milwaukee, Wisconsin.
    Information from published studies and law enforcement reports, 
supplemented with discussions on Internet Web sites and personal 
communications, document abuse of 25I-NBOMe, 25C-NBOMe, and 25B-NBOMe 
by nasal insufflation of powders, intravenous injection or nasal 
absorption of liquid solutions, sublingual or buccal administration of 
blotter papers, and consumption of food items laced with these 
substances. These sources also report that 25I-NBOMe, 25C-NBOMe, and 
25B-NBOMe are often purported to be schedule I hallucinogens like 
lysergic acid diethylamide (LSD). Reports document that the abuse of 
these substances can cause severe toxic reactions, including death.
    According to United States Customs and Border Protection data, bulk 
quantities of powdered 25I-NBOMe, 25C-NBOMe, and 25B-NBOMe have been 
seized from shipments originating overseas, particularly from Asia. 
Given the relatively small quantity of these substances predicted to 
produce a hallucinogenic effect in humans, single seizures of these 
substances are capable of producing hundreds of thousands to millions 
of dosage units. Large seizures of these substances prepared on blotter 
papers have also been reported. Abuse of 25I-NBOMe, 25C-NBOMe, and 25B-
NBOMe has been characterized with acute public health and safety issues 
domestically and abroad. In response, a number of States and foreign 
governments have controlled these substances.

Factor 5. Scope, Duration, and Significance of Abuse

    According to forensic laboratory reports, the first law enforcement 
encounter with 25I-NBOMe in the United States occurred in June 2011. 
According to NFLIS, 959 exhibits involving 25I-NBOMe, 25C-NBOMe, and 
25B-NBOMe were submitted to forensic laboratories between June 2011 and 
June 2013 from a number of States including Alabama, Arizona, Arkansas, 
California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, 
Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, 
Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New 
Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, 
Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming. The number of 
reports submitted to NFLIS involving 25I-NBOMe, 25C-NBOMe, and 25B-
NBOMe has increased in each of the last five quarters where complete 
data is available. According to STRIDE, there are 85 records that 
identify 25I-NBOMe, 25C-NBOMe, and 25B-NBOMe in evidence submitted to 
DEA laboratories between November 2011 and June 2013.

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

    In 2012 and 2013, emergency department physicians and toxicologists 
published and presented numerous case reports of patients treated for 
exposure to 25I-NBOMe. The adverse health effects reported include 
tachycardia, hypertension, agitation, aggression, visual and auditory 
hallucinations, seizures, hyperpyrexia, clonus, elevated white cell 
count, elevated creatine kinase, metabolic acidosis, rhabdomyolysis, 
and acute kidney injury.
    Medical examiner and postmortem toxicology reports from 11 States 
implicate some combination of 25I-NBOMe, 25C-NBOMe, and 25B-NBOMe in 
the death of at least 17 individuals. These reports suggest that 14 
individuals died of acute toxicity, and 3 individuals died of 
unpredictable or violent behavior due to 25I-NBOMe toxicity. 25I-NBOMe, 
25C-NBOMe, and 25B-NBOMe have each been detected in postmortem blood 
toxicology for cases of acute toxicity.
    Since abusers obtain these drugs through unknown sources, the 
identity, purity, and quantity of these substances is uncertain and 
inconsistent, thus posing significant adverse health risks to users. 
There are no recognized therapeutic uses for these substances in the 
United States and possible deadly drug interactions between 25I-NBOMe 
and FDA-approved medications have been noted.

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

    Based on the above data and information, the continued uncontrolled 
manufacture, distribution, importation, exportation, and abuse of 25I-
NBOMe, 25C-NBOMe, and 25B-NBOMe pose an

[[Page 68718]]

imminent hazard to the public safety. The DEA is not aware of any 
currently accepted medical uses for these synthetic phenethylamines in 
the United States. A substance meeting the statutory requirements for 
temporary scheduling, 21 U.S.C. 811(h)(1), may only be placed in 
schedule I. Substances in schedule I are those that have a high 
potential for abuse, no currently accepted medical use in treatment in 
the United States, and a lack of accepted safety for use under medical 
supervision. Available data and information for 25I-NBOMe, 25C-NBOMe, 
and 25B-NBOMe indicate that these three synthetic phenethylamines have 
a high potential for abuse, no currently accepted medical use in 
treatment in the United States, and a lack of accepted safety for use 
under medical supervision. As required by section 201(h)(4) of the CSA, 
21 U.S.C. 811(h)(4), the Deputy Administrator through a letter dated 
September 3, 2013, notified the Assistant Secretary of the intention to 
temporarily place these three synthetic phenethylamines in schedule I.

Conclusion

    In accordance with the provisions of section 201(h) of the CSA, 21 
U.S.C. 811(h), the Deputy Administrator considered available data and 
information, herein set forth the grounds for his determination that it 
is necessary to temporarily schedule three synthetic phenethylamines, 
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-
NBOMe; 2C-I-NBOMe; 25I; Cimbi-5), 2-(4-chloro-2,5-dimethoxyphenyl)-N-
(2-methoxybenzyl)ethanamine (25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82) and 
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-
NBOMe; 2C-B-NBOMe; 25B; Cimbi-36), in schedule I of the CSA, and finds 
that placement of these synthetic phenethylamines in schedule I of the 
CSA is necessary to avoid an imminent hazard to the public safety.
    Because the Deputy Administrator hereby finds it necessary to 
temporarily place these synthetic phenethylamines in schedule I to 
avoid an imminent hazard to the public safety, the final order 
temporarily scheduling these substances will be effective on the date 
of publication in the Federal Register, and will be in effect for a 
period of two years, with a possible extension of one additional year, 
pending completion of the permanent or regular scheduling process. 21 
U.S.C. 811(h)(1)-(2).
    The CSA sets forth specific criteria for scheduling a drug or other 
substance. Regular scheduling actions in accordance with 21 U.S.C. 
811(a) are subject to formal rulemaking procedures done ``on the record 
after opportunity for a hearing'' conducted pursuant to the provisions 
of 5 U.S.C. 556 and 557. 21 U.S.C. 811. The regular scheduling process 
of formal rulemaking affords interested parties with appropriate 
process and the government with any additional relevant information 
needed to make a determination. Final decisions that conclude the 
regular scheduling process of formal rulemaking are subject to judicial 
review. 21 U.S.C. 877. Temporary scheduling orders are not subject to 
judicial review. 21 U.S.C. 811(h)(6).

Regulatory Requirements

    Upon the effective date of this Final Order, 25I-NBOMe, 25C-NBOMe, 
and 25B-NBOMe will become subject to the CSA's schedule I regulatory 
controls and administrative, civil, and criminal sanctions applicable 
to the manufacture, distribution, importation, exportation, research, 
conduct of instructional activities, and possession including the 
following:
    1. Registration. Any person who handles (manufactures, distributes, 
dispenses, imports, exports, engages in research, conducts 
instructional activities, or possesses), or desires to handle, 25I-
NBOMe, 25C-NBOMe, or 25B-NBOMe must be registered with the DEA to 
conduct such activities pursuant to 21 U.S.C. 822, 823, 957, and 958, 
and in accordance with 21 CFR parts 1301 and 1312. Any person who 
currently handles 25I-NBOMe, 25C-NBOMe, or 25B-NBOMe, and is not 
registered with the DEA must submit an application for registration and 
may not continue his/her activities until the DEA has approved that 
application. Retail sales of schedule I controlled substances to the 
general public are not allowed under the CSA.
    2. Security. 25I-NBOMe, 25C-NBOMe, and 25B-NBOMe are subject to 
schedule I security requirements and must be handled and stored in 
accordance with 21 CFR 1301.71-1301.93, pursuant to 21 U.S.C. 821, 823, 
871(b), as of November 15, 2013.
    3. Labeling and packaging. All labeling and packaging requirements 
for controlled substances set forth in part 1302 of title 21 of the CFR 
shall apply to commercial containers of 25I-NBOMe, 25C-NBOMe, and 25B-
NBOMe. Current DEA registrants shall have 30 calendar days from 
November 15, 2013 to comply with all labeling and packaging 
requirements.
    4. Quotas. Quotas for 25I-NBOMe, 25C-NBOMe, and 25B-NBOMe will be 
established based on registrations granted and quota applications 
received pursuant to part 1303 of title 21 of the CFR.
    5. Inventory. Every DEA registrant who possesses any quantity of 
25I-NBOMe, 25C-NBOMe, or 25B-NBOMe on the effective date of this order 
will be required to take an inventory of all stocks of these substances 
on hand as of the effective date of this order, pursuant to 21 U.S.C. 
827, 958(e), and in accordance with 21 CFR 1304.03, 1304.04, and 
1304.11. Current DEA registrants shall have 30 calendar days from the 
effective date of this order to be in compliance with all inventory 
requirements.
    6. Records. All registrants who are authorized to handle 25I-NBOMe, 
25C-NBOMe, or 25B-NBOMe are required to keep records pursuant to 
1304.03, 1304.04, 1304.21, 1304.22, and 1304.23 of title 21 of the CFR. 
Current DEA registrants authorized to handle 25I-NBOMe, 25C-NBOMe, or 
25B-NBOMe shall have 30 calendar days from the effective date of this 
order to be in compliance with all recordkeeping requirements.
    7. Reports. All registrants are required to submit reports in 
accordance with 1304.33 of title 21 of the CFR. DEA registrants who 
manufacture or distribute 25I-NBOMe, 25C-NBOMe, or 25B-NBOMe are 
required to comply with these reporting requirements and shall do so as 
of November 15, 2013.
    8. Order Forms. All registrants involved in the distribution of 
25I-NBOMe, 25C-NBOMe, or 25B-NBOMe must comply with order form 
requirements of part 1305 of title 21 of the CFR as of November 15, 
2013.
    9. Importation and Exportation. All importation and exportation of 
25I-NBOMe, 25C-NBOMe, or 25B-NBOMe must be conducted by appropriately 
registered DEA registrants in compliance with part 1312 of title 21 of 
the CFR, pursuant to 21 U.S.C. 952, 953, 957, and 958, on or after 
November 15, 2013.
    10. Criminal Liability. Any activity involving 25I-NBOMe, 25C-
NBOMe, or 25B-NBOMe not authorized by, or in violation of the CSA, 
occurring as of November 15, 2013 is unlawful, and may subject the 
person to administrative, civil, and criminal proceedings.

Regulatory Matters

    Section 201(h) of the CSA, 21 U.S.C. 811(h), provides for an 
expedited temporary scheduling action where such action is necessary to 
avoid an imminent hazard to the public safety. As provided in this 
subsection, the Attorney General may, by order,

[[Page 68719]]

schedule a substance in schedule I on a temporary basis. Such an order 
may not be issued before the expiration of 30 days from (1) the 
publication of a notice in the Federal Register of the intention to 
issue such order and the grounds upon which such order is to be issued, 
and (2) the date that notice of a proposed temporary scheduling order 
is transmitted to the Assistant Secretary of HHS. 21 U.S.C. 811(h)(1).
    Inasmuch as section 201(h) of the CSA directs that temporary 
scheduling actions be issued by order and sets forth the procedures by 
which such orders are to be issued, the DEA believes that the notice 
and comment requirements of section 553 of the Administrative Procedure 
Act (APA), 5 U.S.C. 553, do not apply to this temporary scheduling 
action. In the alternative, even assuming that this action might be 
subject to section 553 of the APA, the Deputy Administrator finds that 
there is good cause to forgo the notice and comment requirements of 
section 553, as any further delays in the process for issuance of 
temporary scheduling orders would be impracticable and contrary to the 
public interest in view of the manifest urgency to avoid an imminent 
hazard to the public safety.
    Further, the DEA believes that this temporary scheduling action 
final order is not a ``rule'' as defined by 5 U.S.C. 601(2), and, 
accordingly, is not subject to the requirements of the Regulatory 
Flexibility Act (RFA). The requirements for the preparation of an 
initial regulatory flexibility analysis in 5 U.S.C. 603(a) are not 
applicable where, as here, the DEA is not required by section 553 of 
the APA or any other law to publish a general notice of proposed 
rulemaking. Additionally, this action is not a significant regulatory 
action as defined by Executive Order 12866 (Regulatory Planning and 
Review), section 3(f), and, accordingly, this action has not been 
reviewed by the Office of Management and Budget (OMB).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132 (Federalism) it is determined that this action does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    Pursuant to section 808(2) of the Congressional Review Act (CRA), 
``any rule for which an agency for good cause finds[hellip]that notice 
and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest, shall take effect at such time as the 
Federal agency promulgating the rule determines.'' It is in the public 
interest to schedule these substances immediately because they pose a 
public health risk. This temporary scheduling action is taken pursuant 
to section 811(h), which is specifically designed to enable the DEA to 
act in an expeditious manner to avoid an imminent hazard to the public 
safety from new or designer drugs or abuse of those drugs. Section 
811(h) exempts the temporary scheduling order from standard notice and 
comment rulemaking procedures to ensure that the process moves swiftly. 
For the same reasons that underlie section 811(h), that is, the DEA's 
need to move quickly to place these substances into schedule I because 
they pose a threat to public health, it would be contrary to the public 
interest to delay implementation of the temporary scheduling order. 
Therefore, in accordance with section 808(2) of the CRA, this order 
shall take effect immediately upon its publication.

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, 
Reporting and recordkeeping requirements.

    Under the authority vested in the Attorney General by section 
201(h) of the CSA, 21 U.S.C. 811(h), and delegated to the Deputy 
Administrator of the DEA by Department of Justice regulations, 28 CFR 
0.100, Appendix to Subpart R, the Deputy Administrator hereby intends 
to order that 21 CFR part 1308 be amended as follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

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

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


0
2. Section 1308.11 is amended by adding paragraphs (h)(12), (13), and 
(14) to read as follows:


Sec.  1308.11  Schedule I.

* * * * *
    (h) * * *
    (12) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, 
its optical, positional, and geometric isomers, salts and salts of 
isomers--7538 (Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5)
    (13) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine, its optical, positional, and geometric 
isomers, salts and salts of isomers--7537 (Other names: 25C-NBOMe; 2C-
C-NBOMe; 25C; Cimbi-82)
    (14) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, 
its optical, positional, and geometric isomers, salts and salts of 
isomers--7536
    (Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36)

    Dated: November 7, 2013.
Thomas M. Harrigan,
Deputy Administrator.
[FR Doc. 2013-27315 Filed 11-14-13; 8:45 am]
BILLING CODE 4410-09-P