Substances Temporarily Controlled Under Schedule I of the Controlled Substances Act, 14842-14844 [2015-06460]

Download as PDF 14842 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations specifically state whether you are requesting a hearing on the particular provision that you specify in that numbered objection. If you do not request a hearing for any particular objection, you waive the right to a hearing on that objection. If you request a hearing, your objection must include a detailed description and analysis of the specific factual information you intend to present in support of the objection in the event that a hearing is held. If you do not include such a description and analysis for any particular objection, you waive the right to a hearing on the objection. It is only necessary to send one set of documents. Identify documents with the docket number found in brackets in the heading of this document. Any objections received in response to the regulation may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at https:// www.regulations.gov. We will publish notice of the objections that we have received or lack thereof in the Federal Register. XI. References mstockstill on DSK4VPTVN1PROD with RULES The following references have been placed on display in the Division of Dockets Management (see ADDRESSES) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday, and are available electronically at https:// www.regulations.gov. (FDA has verified the Web site addresses in this reference section, but FDA is not responsible for any subsequent changes to Web sites after this document publishes in the Federal Register.) 1. Memorandum to the File from A. Zajac, Division of Petition Review, February 27, 2015. 2. Memorandum from D. Doell, Chemistry Review Group, Division of Petition Review, to L. Dye, Regulatory Group II, Division of Petition Review, June 20, 2014. 3. Institute of Medicine. Dietary Reference Intakes for Vitamin A, Vitamin K, Arsenic, Boron, Chromium, Copper, Iodine, Iron, Manganese, Molybdenum, Nickel, Silicon, Vanadium, and Zinc. Washington, DC: The National Academies Press, 2001. 4. Memorandum from S. Thurmond, Toxicology Team, Division of Petition Review, to L. Dye, Regulatory Group II, Division of Petition Review, September 9, 2014. 5. Memorandum from N. Hepp, Color Technology Team, Office of Cosmetics and Colors, to L. Dye, Division of Petition Review, September 23, 2013. VerDate Sep<11>2014 18:21 Mar 19, 2015 Jkt 235001 List of Subjects in 21 CFR Part 73 DEPARTMENT OF JUSTICE Color additives, Cosmetics, Drugs, and Medical devices. Drug Enforcement Administration Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, and redelegated to the Director, Center for Food Safety and Applied Nutrition, 21 CFR part 73 is amended as follows: 21 CFR Part 1308 PART 73—LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION 1. The authority citation for 21 CFR part 73 continues to read as follows: ■ Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355, 361, 362, 371, 379e. 2. Section 73.200 is amended by revising paragraphs (b)(1) and (c)(1) to read as follows: ■ § 73.200 Synthetic iron oxide. * * * * * (b) * * * (1) Synthetic iron oxide for human food use shall conform to the following specifications: Arsenic (as As), not more than 3 milligrams per kilogram (mg/kg) (3 parts per million (ppm)). Lead (as Pb), not more than 5 mg/kg (5 ppm). Mercury (as Hg), not more than 1 mg/ kg (1 ppm). * * * * * (c) * * * (1) Synthetic iron oxide may be safely used for human food use subject to the following restrictions: (i) In sausage casings intended for human consumption in an amount not exceeding 0.10 percent by weight of the finished food. (ii) In soft and hard candy, mints, and chewing gum at levels consistent with good manufacturing practice, except that it may not be used to color foods for which standards of identity have been issued under section 401 of the Federal Food, Drug, and Cosmetic Act, unless the use of the added color is authorized by such standards. * * * * * Dated: March 17, 2015. Susan M. Bernard, Director, Office of Regulations, Policy and Social Sciences, Center for Food Safety and Applied Nutrition. [FR Doc. 2015–06418 Filed 3–19–15; 8:45 am] BILLING CODE 4164–01–P PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 [Docket No. DEA–406] Substances Temporarily Controlled Under Schedule I of the Controlled Substances Act Drug Enforcement Administration, Department of Justice. ACTION: Final rule; technical amendments. AGENCY: This final rule makes technical and conforming amendments to the Drug Enforcement Administration regulations listing substances temporarily controlled under schedule I of the Controlled Substances Act. This final rule eliminates references to 7 substances that were previously subject to temporary control, but which have since been permanently controlled under schedule I, and redesignates 23 other substances that are currently temporarily controlled under schedule I. This action makes no substantive changes to the affected regulation. DATES: This rule is effective March 20, 2015. FOR FURTHER INFORMATION CONTACT: Imelda L. Paredes, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598–6812. SUPPLEMENTARY INFORMATION: SUMMARY: 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, and 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), chapter II. 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 the 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. E:\FR\FM\20MRR1.SGM 20MRR1 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations Under the CSA, each controlled substance is classified into one of five schedules based upon its potential for abuse, 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 controlled substances is published at 21 CFR part 1308. 21 U.S.C. 812(a). The CSA provides the Attorney General with the authority to temporarily control a substance under schedule I for two years without regard to the requirements of 21 U.S.C. 811(b) if he/she finds that such action is necessary to avoid an imminent hazard to the public safety. 21 U.S.C. 811(h). If proceedings to permanently control a substance are initiated pursuant to 21 U.S.C. 811(a)(1), the Attorney General may extend the temporary control for up to one year. 21 U.S.C. 811(h)(2). The Attorney General has delegated this authority to the Administrator of the DEA. 28 CFR 0.100. mstockstill on DSK4VPTVN1PROD with RULES Technical Amendments The Synthetic Drug Abuse Prevention Act of 2012 (SDAPA) became effective on July 9, 2012.1 SDAPA amended the CSA by permanently controlling ‘‘cannabimimetic agents’’ and 26 other specific substances in schedule I. At that time, some of the 26 permanently controlled substances were temporarily controlled and listed in 21 CFR 1308.11(g), including the following substances: 1-pentyl-3-(1naphthoyl)indole (JWH–018); 1-butyl-3(1-naphthoyl)indole (JWH–073); 1-[2-(4morpholinyl)ethyl]-3-(1naphthoyl)indole (JWH–200); 5-(1,1dimethyloctyl)-2-(3hydroxycyclohexyl)-phenol (cannabicyclohexanol or CP–47,497 C8 homologue); 2 4-methyl-Nmethylcathinone (mephedrone); and 3,4-methylenedioxypyrovalerone (MDPV).3 On January 4, 2013, the DEA published a final rule permanently placing cannabimimetic agents and all 26 substances specified in SDAPA into 1 Pub. L. 112–144, title XI, subtitle D, sections 1151–1153. 2 See ‘‘Schedules of Controlled Substances: Temporary Placement of Five Synthetic Cannabinoids Into Schedule I of the Controlled Substances Act,’’ 76 FR 11075, Mar. 1, 2011 and ‘‘Schedules of Controlled Substances: Extension of Temporary Placement of Five Synthetic Cannabinoids Into Schedule I of the Controlled Substances Act,’’ 77 FR 12201, Feb. 29, 2012. 3 See ‘‘Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cathinones Into Schedule I,’’ 76 FR 65371, Oct. 21, 2011. VerDate Sep<11>2014 18:21 Mar 19, 2015 Jkt 235001 schedule I (including the 6 substances noted above that were previously temporarily controlled).4 The substance 3,4-methylenedioxy-Nmethylcathinone (methylone) was not permanently controlled through SDAPA. However, DEA temporarily controlled methylone on October 21, 2011, pursuant to 21 U.S.C. 811(h), and listed it in 21 CFR 1308.11(g)(7).5 On January 4, 2013, subparagraph (g) of 21 CFR 1308.11 was redesignated as subparagraph (h), and methylone was renumbered in section 1308.11(h)(1); it also inadvertently remained on the list of temporarily controlled substances in section 1308.11(h)(7). The DEA permanently controlled methylone in schedule I by a final rule published in the Federal Register on April 12, 2013.6 Because the above noted substances are permanently controlled in schedule I, the DEA is making technical and conforming amendments to the regulations by removing the above referenced 7 substances (JWH–018; JWH–073; JWH–200; CP–47,497 C8 homologue; mephedrone; MDPV; and methylone) from the list of temporarily controlled substances and redesignating the numerical order of the remaining controlled substances that are currently subject to temporary control. Regulatory Analyses The Administrative Procedure Act An agency may find good cause to exempt a rule from certain provisions of the Administrative Procedure Act (APA), including notice of proposed rulemaking and the opportunity for public comment, if it is determined to be unnecessary, impracticable, or contrary to the public interest under 5 U.S.C. 533(b)(3)(B). This rule provides technical and conforming amendments to the DEA’s regulations and imposes no new or substantive requirement on the public or DEA registrants. As such, the DEA has determined that notice and opportunity for public comment on this rule are unnecessary. In addition, because this is not a substantive rule and as the DEA finds good cause under 5 U.S.C. 553(d)(3) for the above reasons, this final rule shall take effect upon the date of publication in the Federal Register. 4 ‘‘Establishment of Drug Codes for 26 Substances,’’ 78 FR 664, Jan. 4, 2013. 5 ‘‘Schedules of Controlled Substances: Temporary Placement of Three Synthetic Cathinones Into Schedule I,’’ 76 FR 65371, Oct. 21, 2011. 6 ‘‘Schedules of Controlled Substances: Placement of Methylone Into Schedule I,’’ 78 FR 21818, Apr. 12, 2013. PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 14843 Executive Orders 12866 and 13563 The Administrator certifies that this is not a significant regulatory action within the meaning of Executive Order 12866 and the principles reaffirmed in Executive Order 13563, as it makes only technical amendments to the current regulations. Such actions are exempt from review by the Office of Management and Budget (OMB). Executive Order 12988 This rule meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction. Executive Order 13132 This rule does not have federalism implications warranting the application of Executive Order 13132. This rule does not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Paperwork Reduction Act of 1995 This rule does not involve a collection of information within the meaning of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3521. Executive Order 13175 This rule does not have tribal implications warranting the application of Executive Order 13175. The rule does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Congressional Review Act This rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act (CRA)). This rule will not result in: An annual effect on the economy of $100,000,000 or more; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreignbased companies in domestic and export markets. However, pursuant to E:\FR\FM\20MRR1.SGM 20MRR1 14844 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations the CRA, the DEA has submitted a copy of this final rule to both Houses of Congress and to the Comptroller General. 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 amended as follows: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for 21 CFR part 1308 continues to read as follows: ■ Authority: 21 U.S.C. 811, 812, 871(b), unless otherwise noted. § 1308.11 [Amended] 2. Amend § 1308.11 by removing paragraphs (h)(1) through (8) and redesignating paragraphs (h)(9) through (31) as paragraphs (h)(1) through (23), respectively. ■ Dated: March 12, 2015. Michele M. Leonhart, Administrator. [FR Doc. 2015–06460 Filed 3–19–15; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0157] Drawbridge Operation Regulation; Cerritos Channel, Long Beach, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Commodore Schuyler F. Heim highway bridge across the Cerritos Channel, mile 4.9 at Long Beach, CA. The deviation is necessary to allow Southern California Edison Company to temporarily disconnect electric service to the bridge while performing circuit switching. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period. DATES: This deviation is effective without actual notice from March 20, 2015 to 2 a.m. on March 23, 2015. For the purposes of enforcement, actual notice will be used from 10 p.m. on March 15, 2015, until March 20, 2015. mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:21 Mar 19, 2015 Jkt 235001 The docket for this deviation, [USCG–2015–0157], is available at https://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– 437–3516, email David.H.Sulouff@ uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: California Department of Transportation has requested a temporary change to the operation of the Commodore Schuyler F. Heim highway bridge, mile 4.9, over Cerritos Channel, at Long Beach, CA. The drawbridge navigation span provides a vertical clearance of 37 feet above Mean High Water in the closedto-navigation position and a maximum of 43 feet due to construction falsework over the channel at the bridge. The draw opens on signal; except that, from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 6 p.m., Monday through Friday except Federal holidays, the draw need not be opened for the passage of vessels, as required by 33 CFR 117.147(a). Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 10 p.m. on March 15, 2015 to 2 a.m. on March 16, 2015; and from 10 p.m. on March 22, 2015 to 2 a.m. on March 23, 2015 to allow Southern California Edison Company to switch electrical power for the bridge to another source. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is an alternate route around Terminal Island for routine and emergency navigation. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so vessel operators can arrange ADDRESSES: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: March 11, 2015. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2015–06491 Filed 3–19–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0171] Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the South Park highway bridge across the Duwamish Waterway, mile 3.8, at Seattle, WA. The deviation is necessary to enable timely completion of drawbridge maintenance. This deviation allows the drawbridge to remain closed to mariners needing a full channel, double bascule leaf drawbridge opening. Vessels that only require a single leaf, half channel drawbridge opening, will be given such an opening upon signal. DATES: This deviation is effective without actual notice from March 20, 2015 to 11:59 p.m. on March 28, 2015. For the purposes of enforcement, actual notice will be used from 12:01 a.m. on March 17, 2015, until March 20, 2015. ADDRESSES: The docket for this deviation, [USCG–2015–0171] is available at https://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUMMARY: E:\FR\FM\20MRR1.SGM 20MRR1

Agencies

[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14842-14844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06460]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-406]


Substances Temporarily Controlled Under Schedule I of the 
Controlled Substances Act

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule; technical amendments.

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

SUMMARY: This final rule makes technical and conforming amendments to 
the Drug Enforcement Administration regulations listing substances 
temporarily controlled under schedule I of the Controlled Substances 
Act. This final rule eliminates references to 7 substances that were 
previously subject to temporary control, but which have since been 
permanently controlled under schedule I, and redesignates 23 other 
substances that are currently temporarily controlled under schedule I. 
This action makes no substantive changes to the affected regulation.

DATES: This rule is effective March 20, 2015.

FOR FURTHER INFORMATION CONTACT: Imelda L. Paredes, 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, and 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), chapter II. 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 the 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.

[[Page 14843]]

    Under the CSA, each controlled substance is classified into one of 
five schedules based upon its potential for abuse, 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 
controlled substances is published at 21 CFR part 1308. 21 U.S.C. 
812(a).
    The CSA provides the Attorney General with the authority to 
temporarily control a substance under schedule I for two years without 
regard to the requirements of 21 U.S.C. 811(b) if he/she finds that 
such action is necessary to avoid an imminent hazard to the public 
safety. 21 U.S.C. 811(h). If proceedings to permanently control a 
substance are initiated pursuant to 21 U.S.C. 811(a)(1), the Attorney 
General may extend the temporary control for up to one year. 21 U.S.C. 
811(h)(2). The Attorney General has delegated this authority to the 
Administrator of the DEA. 28 CFR 0.100.

Technical Amendments

    The Synthetic Drug Abuse Prevention Act of 2012 (SDAPA) became 
effective on July 9, 2012.\1\ SDAPA amended the CSA by permanently 
controlling ``cannabimimetic agents'' and 26 other specific substances 
in schedule I. At that time, some of the 26 permanently controlled 
substances were temporarily controlled and listed in 21 CFR 1308.11(g), 
including the following substances: 1-pentyl-3-(1-naphthoyl)indole 
(JWH-018); 1-butyl-3-(1-naphthoyl)indole (JWH-073); 1-[2-(4-
morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 5-(1,1-
dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol or 
CP-47,497 C8 homologue); \2\ 4-methyl-N-methylcathinone (mephedrone); 
and 3,4-methylenedioxypyrovalerone (MDPV).\3\
---------------------------------------------------------------------------

    \1\ Pub. L. 112-144, title XI, subtitle D, sections 1151-1153.
    \2\ See ``Schedules of Controlled Substances: Temporary 
Placement of Five Synthetic Cannabinoids Into Schedule I of the 
Controlled Substances Act,'' 76 FR 11075, Mar. 1, 2011 and 
``Schedules of Controlled Substances: Extension of Temporary 
Placement of Five Synthetic Cannabinoids Into Schedule I of the 
Controlled Substances Act,'' 77 FR 12201, Feb. 29, 2012.
    \3\ See ``Schedules of Controlled Substances: Temporary 
Placement of Three Synthetic Cathinones Into Schedule I,'' 76 FR 
65371, Oct. 21, 2011.
---------------------------------------------------------------------------

    On January 4, 2013, the DEA published a final rule permanently 
placing cannabimimetic agents and all 26 substances specified in SDAPA 
into schedule I (including the 6 substances noted above that were 
previously temporarily controlled).\4\
---------------------------------------------------------------------------

    \4\ ``Establishment of Drug Codes for 26 Substances,'' 78 FR 
664, Jan. 4, 2013.
---------------------------------------------------------------------------

    The substance 3,4-methylenedioxy-N-methylcathinone (methylone) was 
not permanently controlled through SDAPA. However, DEA temporarily 
controlled methylone on October 21, 2011, pursuant to 21 U.S.C. 811(h), 
and listed it in 21 CFR 1308.11(g)(7).\5\ On January 4, 2013, 
subparagraph (g) of 21 CFR 1308.11 was redesignated as subparagraph 
(h), and methylone was renumbered in section 1308.11(h)(1); it also 
inadvertently remained on the list of temporarily controlled substances 
in section 1308.11(h)(7). The DEA permanently controlled methylone in 
schedule I by a final rule published in the Federal Register on April 
12, 2013.\6\
---------------------------------------------------------------------------

    \5\ ``Schedules of Controlled Substances: Temporary Placement of 
Three Synthetic Cathinones Into Schedule I,'' 76 FR 65371, Oct. 21, 
2011.
    \6\ ``Schedules of Controlled Substances: Placement of Methylone 
Into Schedule I,'' 78 FR 21818, Apr. 12, 2013.
---------------------------------------------------------------------------

    Because the above noted substances are permanently controlled in 
schedule I, the DEA is making technical and conforming amendments to 
the regulations by removing the above referenced 7 substances (JWH-018; 
JWH-073; JWH-200; CP-47,497 C8 homologue; mephedrone; MDPV; and 
methylone) from the list of temporarily controlled substances and 
redesignating the numerical order of the remaining controlled 
substances that are currently subject to temporary control.

Regulatory Analyses

The Administrative Procedure Act

    An agency may find good cause to exempt a rule from certain 
provisions of the Administrative Procedure Act (APA), including notice 
of proposed rulemaking and the opportunity for public comment, if it is 
determined to be unnecessary, impracticable, or contrary to the public 
interest under 5 U.S.C. 533(b)(3)(B). This rule provides technical and 
conforming amendments to the DEA's regulations and imposes no new or 
substantive requirement on the public or DEA registrants. As such, the 
DEA has determined that notice and opportunity for public comment on 
this rule are unnecessary. In addition, because this is not a 
substantive rule and as the DEA finds good cause under 5 U.S.C. 
553(d)(3) for the above reasons, this final rule shall take effect upon 
the date of publication in the Federal Register.

Executive Orders 12866 and 13563

    The Administrator certifies that this is not a significant 
regulatory action within the meaning of Executive Order 12866 and the 
principles reaffirmed in Executive Order 13563, as it makes only 
technical amendments to the current regulations. Such actions are 
exempt from review by the Office of Management and Budget (OMB).

Executive Order 12988

    This rule meets the applicable standards set forth in Sections 3(a) 
and 3(b)(2) of Executive Order 12988 Civil Justice Reform to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

Executive Order 13132

    This rule does not have federalism implications warranting the 
application of Executive Order 13132. This rule does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or the distribution of power 
and responsibilities among the various levels of government.

Paperwork Reduction Act of 1995

    This rule does not involve a collection of information within the 
meaning of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

Executive Order 13175

    This rule does not have tribal implications warranting the 
application of Executive Order 13175. The rule does not have 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.

Congressional Review Act

    This rule is not a major rule as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 
(Congressional Review Act (CRA)). This rule will not result in: An 
annual effect on the economy of $100,000,000 or more; a major increase 
in costs or prices for consumers, individual industries, Federal, 
State, or local government agencies, or geographic regions; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets. However, pursuant to

[[Page 14844]]

the CRA, the DEA has submitted a copy of this final rule to both Houses 
of Congress and to the Comptroller General.

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 amended as 
follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
1. The authority citation for 21 CFR part 1308 continues to read as 
follows:

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


Sec.  1308.11  [Amended]

0
2. Amend Sec.  1308.11 by removing paragraphs (h)(1) through (8) and 
redesignating paragraphs (h)(9) through (31) as paragraphs (h)(1) 
through (23), respectively.

    Dated: March 12, 2015.
Michele M. Leonhart,
Administrator.
[FR Doc. 2015-06460 Filed 3-19-15; 8:45 am]
 BILLING CODE 4410-09-P
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