Controlled Substances: 2014 Proposed Aggregate Production Quota for 10 Temporarily Controlled Synthetic Cathinones, 18316-18317 [2014-07166]

Download as PDF 18316 Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices reproduction costs (at 25 cents per page). Please mail your request and a check or money order payable to the United States Treasury to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. The cost for paper copies is $14.75 for the Consent Decree with the six Settling Defendants and the State, $8.00 for the Consent Decree with Kimberly Clark, and $7.50 for the Consent Decree with NewPage. Maureen M. Katz, Assistant Section Chief,Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2014–07168 Filed 3–31–14; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–391] Controlled Substances: 2014 Proposed Aggregate Production Quota for 10 Temporarily Controlled Synthetic Cathinones Drug Enforcement Administration (DEA), Department of Justice. ACTION: Notice of a proposed 2014 aggregate production quota for ten synthetic cathinones. AGENCY: Ten synthetic cathinones: 4methyl-N-ethylcathinone (4–MEC); 4methyl-a-pyrrolidinopropiophenone (4MePPP); alphapyrrolidinopentiophenone (a-PVP); 1(1,3-benzodioxol-5-yl)-2(methylamino)butan-1-one (butylone); 2-(methylamino)-1-phenylpentan-1-one (pentedrone); 1-(1,3-benzodioxol-5-yl)2-(methylamino)pentan-1-one (pentylone); 4-fluoro-Nmethylcathinone (4–FMC); 3-fluoro-Nmethylcathinone (3–FMC); naphthylpyrovalerone (naphyrone); and alpha-pyrrolidinobutiophenone (a-PBP) were temporarily placed in schedule I of the Controlled Substances Act (CSA) by a final order published by the Drug Enforcement Administration (DEA) on March 7, 2014 (79 FR 12938). This means that any manufacturer that wishes to manufacture 4–MEC, 4MePPP, a-PVP, butylone, pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, or a-PBP after March 7, 2014, must be registered with the DEA and have obtained a manufacturing quota for 4– MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, or a-PBP pursuant to 21 CFR part 1303. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:02 Mar 31, 2014 Jkt 232001 The DEA cannot issue individual manufacturing quotas for 4–MEC, 4MePPP, a-PVP, butylone, pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, or a-PBP unless and until it establishes an aggregate production quota. Therefore, this notice proposes a 2014 aggregate production quota for 4–MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, and a-PBP. DATES: Comments or objections should be received on or before May 1, 2014. ADDRESSES: To ensure proper handling of comments, please reference ‘‘Docket No. DEA–391’’ on all electronic and written correspondence. The DEA encourages that all comments be submitted electronically through www.regulations.gov using the electronic comment form provided on that site. An electronic copy of this document is also available at www.regulations.gov 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. Written comments submitted via regular or express mail should be sent to the Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Ruth A. Carter, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152, Telephone: (202) 598–6812. SUPPLEMENTARY INFORMATION: Posting of Public Comments The Freedom of Information Act applies to all comments received. All comments received are considered part of the public record and made available for public inspection online at 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 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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. If you wish to inspect the DEA’s public docket file in person by appointment, please see the For Further Information Contact paragraph. Background Section 306 of the CSA (21 U.S.C. 826) requires that the Attorney General establish aggregate production quotas for each basic class of controlled substance listed in schedules I and II each year. This responsibility has been delegated to the Administrator of the Drug Enforcement Administration (DEA) by 28 CFR 0.100. The Administrator, in turn, has redelegated this function to the Deputy Administrator, pursuant to 28 CFR 0.104. The DEA established the 2014 aggregate production quotas for substances in schedules I and II on September 9, 2013 (78 FR 55099). Subsequently, on January 28, 2014, the DEA published in the Federal Register a notice of intent to temporarily place ten synthetic cathinones: 4-methyl-Nethylcathinone (4–MEC), 4-methyl-apyrrolidinopropiophenone (4-MePPP), alpha-pyrrolidinopentiophenone (aPVP), 1-(1,3-benzodioxol-5-yl)-2(methylamino)butan-1-one (butylone), 2-(methylamino)-1-phenylpentan-1-one (pentedrone), 1-(1,3-benzodioxol-5-yl)2-(methylamino)pentan-1-one (pentylone), 4-fluoro-Nmethylcathinone (4–FMC), 3-fluoro-Nmethylcathinone (3–FMC), naphthylpyrovalerone (naphyrone), and alpha-pyrrolidinobutiophenone (a-PBP) in schedule I of the CSA (79 FR 4429). On March 7, 2014, the DEA published in the Federal Register a final order to temporarily place these ten synthetic cathinones in schedule I of the CSA (79 E:\FR\FM\01APN1.SGM 01APN1 Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices FR 12938), making all regulations pertaining to schedule I controlled substances applicable to the manufacture of these ten synthetic cathinones, including the requirement to obtain a manufacturing quota pursuant to 21 CFR part 1303. 4–MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, and a-PBP were noncontrolled substances when the aggregate production quotas for schedule I and II substances were established, therefore, no aggregate production quotas for 4–MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, and a-PBP were established at that time. In determining the 2014 aggregate production quotas of these ten synthetic cathinones, the Deputy Administrator considered the following factors in accordance with 21 U.S.C. 826(a) and 21 CFR 1303.11: (1) Total estimated net disposal of each substance by all manufacturers; (2) estimated trends in the national rate of net disposal; (3) total estimated inventories of the basic class and of all substances manufactured from the class; (4) projected demand for each class as indicated by procurement quotas requested pursuant to 21 CFR 1303.12; and (5) other factors affecting medical, scientific, research, and industrial needs of the United States and lawful export requirements, as the Deputy Administrator finds relevant. These quotas do not include imports of controlled substances for use in industrial processes. The Deputy Administrator, therefore, proposes that the year 2014 aggregate production quotas for the following temporarily controlled schedule I controlled substances, expressed in grams of anhydrous acid or base, be established as follows: Proposed 2014 quota Basic class—schedule I 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone) ....................................................................................................... 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone) ................................................................................................... 2-(methylamino)-1-phenylpentan-1-one (pentedrone) ......................................................................................................................... 3-fluoro-N-methylcathinone (3–FMC) .................................................................................................................................................. 4-fluoro-N-methylcathinone (4–FMC) .................................................................................................................................................. 4-methyl-N-ethylcathinone (4–MEC) ................................................................................................................................................... 4-methyl-a-pyrrolidinopropiophenone (4-MePPP) ............................................................................................................................... alpha-pyrrolidinobutiophenone (a-PBP) .............................................................................................................................................. alpha-pyrrolidinopentiophenone (a-PVP) ............................................................................................................................................ naphthylpyrovalerone (naphyrone) ...................................................................................................................................................... Comments DEPARTMENT OF JUSTICE Pursuant to 21 CFR 1303.11, any interested person may submit written comments on or objections to these proposed determinations. Based on comments received in response to this notice, the Deputy Administrator may hold a public hearing on one or more issues raised. In the event the Deputy Administrator decides in his sole discretion to hold such a hearing, the Deputy Administrator will publish a notice of any such hearing in the Federal Register. After consideration of any comments and after a hearing, if one is held, the Deputy Administrator will publish in the Federal Register a final order establishing the 2014 aggregate production quota for 4–MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4–FMC, 3–FMC, naphyrone, and a-PBP. Drug Enforcement Administration Dated: March 24, 2014. Thomas M. Harrigan, Deputy Administrator. mstockstill on DSK4VPTVN1PROD with NOTICES [FR Doc. 2014–07166 Filed 3–31–14; 8:45 am] VerDate Mar<15>2010 16:02 Mar 31, 2014 [Docket No. DEA–382] Controlled Substances: 2014 Established Aggregate Production Quotas for Three Temporarily Controlled Synthetic Phenethylamines Drug Enforcement Administration (DEA), Department of Justice. ACTION: Notice. AGENCY: This notice establishes the initial 2014 aggregate production quotas for three temporarily controlled synthetic phenethylamines, 25BNBOMe, 25C-NBOMe, and 25I–NBOMe. DATES: Effective Date: April 1, 2014. FOR FURTHER INFORMATION CONTACT: Ruth A. Carter, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152, Telephone: (202) 598–6812. SUPPLEMENTARY INFORMATION: SUMMARY: Background Section 306 of the Controlled Substances Act (CSA) (21 U.S.C. 826) requires the Attorney General to establish aggregate production quotas for each basic class of controlled substance listed in schedules I and II and for the list I chemicals ephedrine, BILLING CODE 4410–09–P Jkt 232001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 18317 15 15 15 15 15 15 15 15 15 15 g g g g g g g g g g pseudoephedrine, and phenylpropanolamine. The Attorney General has delegated this authority to the Administrator of the DEA, 28 CFR 0.100, who in turn has redelegated that authority to the Deputy Administrator of the DEA, 28 CFR part 0, subpt. R, App. On November 15, 2013, the DEA published in the Federal Register a final order to temporarily place three synthetic phenethylamines, 25BNBOMe, 25C-NBOMe, and 25I–NBOMe, into schedule I of the CSA (78 FR 68716), making all regulations pertaining to schedule I controlled substances applicable to the manufacture of 25B-NBOMe, 25CNBOMe, and 25I-NBOMe, including the requirement to obtain a manufacturing quota pursuant to 21 CFR part 1303. The 2014 aggregate production quotas for 25B-NBOMe, 25C-NBOMe, and 25I– NBOMe represent those quantities to be manufactured in the United States in 2014 to provide for the estimated medical, scientific, research, and industrial needs of the United States, lawful export requirements, and the establishment and maintenance of reserve stocks. On January 30, 2014, the DEA published a notice titled, ‘‘Controlled Substances: 2014 Proposed Aggregate Production Quota for Three Temporarily Controlled Synthetic Phenethylamines’’ in the Federal Register (79 FR 4958). That notice proposed the 2014 aggregate E:\FR\FM\01APN1.SGM 01APN1

Agencies

[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18316-18317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07166]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-391]


Controlled Substances: 2014 Proposed Aggregate Production Quota 
for 10 Temporarily Controlled Synthetic Cathinones

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Notice of a proposed 2014 aggregate production quota for ten 
synthetic cathinones.

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

SUMMARY: Ten synthetic cathinones: 4-methyl-N-ethylcathinone (4-MEC); 
4-methyl-[alpha]-pyrrolidinopropiophenone (4-MePPP); alpha-
pyrrolidinopentiophenone ([alpha]-PVP); 1-(1,3-benzodioxol-5-yl)-2-
(methylamino)butan-1-one (butylone); 2-(methylamino)-1-phenylpentan-1-
one (pentedrone); 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one 
(pentylone); 4-fluoro-N-methylcathinone (4-FMC); 3-fluoro-N-
methylcathinone (3-FMC); naphthylpyrovalerone (naphyrone); and alpha-
pyrrolidinobutiophenone ([alpha]-PBP) were temporarily placed in 
schedule I of the Controlled Substances Act (CSA) by a final order 
published by the Drug Enforcement Administration (DEA) on March 7, 2014 
(79 FR 12938). This means that any manufacturer that wishes to 
manufacture 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP after March 7, 2014, 
must be registered with the DEA and have obtained a manufacturing quota 
for 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-
FMC, 3-FMC, naphyrone, or [alpha]-PBP pursuant to 21 CFR part 1303.
    The DEA cannot issue individual manufacturing quotas for 4-MEC, 4-
MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, or [alpha]-PBP unless and until it establishes an aggregate 
production quota. Therefore, this notice proposes a 2014 aggregate 
production quota for 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-PBP.

DATES: Comments or objections should be received on or before May 1, 
2014.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-391'' on all electronic and written correspondence. 
The DEA encourages that all comments be submitted electronically 
through www.regulations.gov using the electronic comment form provided 
on that site. An electronic copy of this document is also available at 
www.regulations.gov 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. Written comments submitted via regular or 
express mail should be sent to the Drug Enforcement Administration, 
Attention: DEA Federal Register Representative/ODW, 8701 Morrissette 
Drive, Springfield, Virginia 22152.

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

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    The Freedom of Information Act applies to all comments received. 
All comments received are considered part of the public record and made 
available for public inspection online at 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.
    If you wish to inspect the DEA's public docket file in person by 
appointment, please see the For Further Information Contact paragraph.

Background

    Section 306 of the CSA (21 U.S.C. 826) requires that the Attorney 
General establish aggregate production quotas for each basic class of 
controlled substance listed in schedules I and II each year. This 
responsibility has been delegated to the Administrator of the Drug 
Enforcement Administration (DEA) by 28 CFR 0.100. The Administrator, in 
turn, has redelegated this function to the Deputy Administrator, 
pursuant to 28 CFR 0.104.
    The DEA established the 2014 aggregate production quotas for 
substances in schedules I and II on September 9, 2013 (78 FR 55099). 
Subsequently, on January 28, 2014, the DEA published in the Federal 
Register a notice of intent to temporarily place ten synthetic 
cathinones: 4-methyl-N-ethylcathinone (4-MEC), 4-methyl-[alpha]-
pyrrolidinopropiophenone (4-MePPP), alpha-pyrrolidinopentiophenone 
([alpha]-PVP), 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one 
(butylone), 2-(methylamino)-1-phenylpentan-1-one (pentedrone), 1-(1,3-
benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone), 4-fluoro-N-
methylcathinone (4-FMC), 3-fluoro-N-methylcathinone (3-FMC), 
naphthylpyrovalerone (naphyrone), and alpha-pyrrolidinobutiophenone 
([alpha]-PBP) in schedule I of the CSA (79 FR 4429). On March 7, 2014, 
the DEA published in the Federal Register a final order to temporarily 
place these ten synthetic cathinones in schedule I of the CSA (79

[[Page 18317]]

FR 12938), making all regulations pertaining to schedule I controlled 
substances applicable to the manufacture of these ten synthetic 
cathinones, including the requirement to obtain a manufacturing quota 
pursuant to 21 CFR part 1303.
    4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-
FMC, 3-FMC, naphyrone, and [alpha]-PBP were non-controlled substances 
when the aggregate production quotas for schedule I and II substances 
were established, therefore, no aggregate production quotas for 4-MEC, 
4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, and [alpha]-PBP were established at that time.
    In determining the 2014 aggregate production quotas of these ten 
synthetic cathinones, the Deputy Administrator considered the following 
factors in accordance with 21 U.S.C. 826(a) and 21 CFR 1303.11: (1) 
Total estimated net disposal of each substance by all manufacturers; 
(2) estimated trends in the national rate of net disposal; (3) total 
estimated inventories of the basic class and of all substances 
manufactured from the class; (4) projected demand for each class as 
indicated by procurement quotas requested pursuant to 21 CFR 1303.12; 
and (5) other factors affecting medical, scientific, research, and 
industrial needs of the United States and lawful export requirements, 
as the Deputy Administrator finds relevant. These quotas do not include 
imports of controlled substances for use in industrial processes.
    The Deputy Administrator, therefore, proposes that the year 2014 
aggregate production quotas for the following temporarily controlled 
schedule I controlled substances, expressed in grams of anhydrous acid 
or base, be established as follows:

------------------------------------------------------------------------
                                                           Proposed 2014
                 Basic class--schedule I                       quota
------------------------------------------------------------------------
1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one                 15 g
 (butylone).............................................
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one                15 g
 (pentylone)............................................
2-(methylamino)-1-phenylpentan-1-one (pentedrone).......            15 g
3-fluoro-N-methylcathinone (3-FMC)......................            15 g
4-fluoro-N-methylcathinone (4-FMC)......................            15 g
4-methyl-N-ethylcathinone (4-MEC).......................            15 g
4-methyl-[alpha]-pyrrolidinopropiophenone (4-MePPP).....            15 g
alpha-pyrrolidinobutiophenone ([alpha]-PBP).............            15 g
alpha-pyrrolidinopentiophenone ([alpha]-PVP)............            15 g
naphthylpyrovalerone (naphyrone)........................            15 g
------------------------------------------------------------------------

Comments

    Pursuant to 21 CFR 1303.11, any interested person may submit 
written comments on or objections to these proposed determinations. 
Based on comments received in response to this notice, the Deputy 
Administrator may hold a public hearing on one or more issues raised. 
In the event the Deputy Administrator decides in his sole discretion to 
hold such a hearing, the Deputy Administrator will publish a notice of 
any such hearing in the Federal Register. After consideration of any 
comments and after a hearing, if one is held, the Deputy Administrator 
will publish in the Federal Register a final order establishing the 
2014 aggregate production quota for 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP.

    Dated: March 24, 2014.
Thomas M. Harrigan,
Deputy Administrator.
[FR Doc. 2014-07166 Filed 3-31-14; 8:45 am]
BILLING CODE 4410-09-P
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