Schedules of Controlled Substances: Placement of Lasmiditan in Schedule V, 5557-5562 [2020-01957]
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
Thus, when the parties state in their
‘‘objection’’ that FDA’s ‘‘failure to
indicate expressly that these substances
no longer qualify in any way as ‘safe’ for
use in food.. . . amounts to an arbitrary
and unlawful failure to protect the
safety of food,’’ it does not appear the
parties have stated with particularity a
specific provision of the synthetic
flavoring substances order that they
deem objectionable. The parties do not
object to our determination to revoke
the uses of the synthetic flavoring
substances, and in fact in their
submission, the parties stated they
‘‘applaud FDA for acknowledging that it
‘cannot consider these synthetic
flavoring substances to be safe as a
matter of law’ ’’ (Earthjustice
submission, page 1). Rather, by asserting
in their submission that FDA is being
arbitrary and unlawful by failing to
indicate expressly in the final rule that
substances found to induce cancer
cannot qualify in any way as ‘‘safe’’ for
use in food, we interpret the parties’
‘‘objection’’ to be related to the
petitioners’ request to establish zero
tolerances for these synthetic flavoring
additives, a request we declined to act
on in the final rule because such a
request was not the proper subject of a
food additive petition.
As explained in the final rule (83 FR
50490 at 50491), a food additive petition
must either propose the issuance of a
regulation prescribing the conditions
under which a food additive may be
safely used or propose the amendment
or repeal of an existing food additive
regulation (sections 409(b)(1) and (i) of
the FD&C Act). We explained in the
final rule that we interpreted the request
to establish zero tolerances for these
flavoring additives as a request to issue
a regulation prohibiting a substance
from human food under part 189 and
that this request fell outside the scope
of a food additive petition because it
does not propose the issuance of a new
food additive regulation or the
amendment or repeal of an existing food
additive regulation (id.). Consequently,
we did not address the zero tolerance
request further in the final rule and thus
this issue was not considered part of the
order by regulation that revoked the
uses for these synthetic flavoring
additives, pursuant to section 409(c) of
the FD&C Act. Therefore, because the
parties failed to identify a provision of
the order deemed objectionable and
have also failed to raise an objection
regarding the order made pursuant to
section 409(c) or (d) of the FD&C Act,
the provision for objections and public
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hearing under section 409(f) of the
FD&C Act does not apply.1
Finally, even though we do not think
the parties’ submission legally rises to
an objection under 409(f) of the FD&C
Act, even if the submission was a
properly raised objection, we would
deny such an objection because the
parties’ request amounts to the same
outcome as the petitioners’ zero
tolerance request and such a request
falls outside the scope of the food
additive petition process.
IV. Conclusion
After evaluating the submission from
Earthjustice et al., we have concluded
that the ‘‘objection’’ is not within the
scope of the objections and hearing
provision under section 409(f) of the
FD&C Act. Therefore, we do not address
the arguments related to this
‘‘objection.’’ We are confirming October
9, 2018, as the effective date of this
regulation. FDA still intends to not
enforce applicable requirements of the
final rule with regard to food products
manufactured (domestically and
internationally) prior to October 9, 2020,
that contain one or more of these six
synthetic flavoring substances, to
provide an opportunity for companies to
reformulate products prior to enforcing
the requirements of this final rule.
5557
Department of Health and Human
Services provided the Drug Enforcement
Administration (DEA) with a scheduling
recommendation to place lasmiditan in
schedule V of the Controlled Substances
Act (CSA). In accordance with the CSA,
as revised by the Improving Regulatory
Transparency for New Medical
Therapies Act, DEA is hereby issuing an
interim final rule placing lasmiditan,
including its salts, isomers, and salts of
isomers whenever the existence of such
salts, isomers, and salts of isomers is
possible, in schedule V of the CSA.
Dated: January 16, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
The effective date of this
rulemaking is January 31, 2020.
Interested persons may file written
comments on this rulemaking in
accordance with 21 U.S.C. 811(j)(3) and
21 CFR 1308.43(g). Electronic comments
must be submitted, and written
comments must be postmarked, on or
before March 2, 2020. Commenters
should be aware that the electronic
Federal Docket Management System
will not accept comments after 11:59
p.m. Eastern Time on the last day of the
comment period.
Interested persons may file a request
for hearing or waiver of hearing in
accordance with 21 U.S.C. 811(j)(3) and
21 CFR 1308.44. Requests for hearing
and waivers of an opportunity for a
hearing or to participate in a hearing
must be received on or before March 2,
2020.
[FR Doc. 2020–01060 Filed 1–30–20; 8:45 am]
ADDRESSES:
BILLING CODE 4164–01–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–558]
Schedules of Controlled Substances:
Placement of Lasmiditan in Schedule V
Drug Enforcement
Administration, Department of Justice.
ACTION: Interim final rule with request
for comments.
AGENCY:
On October 11, 2019, the U.S.
Food and Drug Administration
approved a new drug application for
Reyvow (lasmiditan) tablets for oral use.
Lasmiditan is chemically known as
[2,4,6-trifluoro-N-(6-(1methylpiperidine-4-carbonyl)pyridine2-yl-benzamide]. Thereafter, the
SUMMARY:
1 We note that the parties’ submission did not
present any argument or evidence that FDA’s
determination that the petitioners’ zero tolerance
request was not the proper subject of a food
additive petition, and was thus outside the scope
of section 409 of the FD&C Act, was erroneous.
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DATES:
To ensure proper handling
of comments, please reference ‘‘Docket
No. DEA–558’’ on all correspondence,
including any attachments.
• Electronic comments: The Drug
Enforcement Administration encourages
that all comments be submitted
electronically through the Federal
eRulemaking Portal, which provides the
ability to type short comments directly
into the comment field on the web page
or attach a file for lengthier comments.
Please go to https://www.regulations.gov
and follow the online instructions at
that site for submitting comments. Upon
completion of your submission, you will
receive a Comment Tracking Number for
your comment. Please be aware that
submitted comments are not
instantaneously available for public
view on Regulations.gov. If you have
received a Comment Tracking Number,
your comment has been successfully
submitted and there is no need to
resubmit the same comment.
• Paper comments: Paper comments
that duplicate the electronic submission
are not necessary and are discouraged.
Should you wish to mail a paper
comment in lieu of an electronic
comment, it should be sent via regular
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or express mail to: Drug Enforcement
Administration, Attn: DEA Federal
Register Representative/DRW, 8701
Morrissette Drive, Springfield, VA
22152.
• Hearing requests: All requests for
hearing and waivers of participation
must be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for hearing
and waivers of participation should also
be sent to: (1) Drug Enforcement
Administration, Attn: Hearing Clerk/LJ,
8701 Morrissette Drive, Springfield,
Virginia 22152; and (2) Drug
Enforcement Administration, Attn: DEA
Federal Register Representative/DRW,
8701 Morrissette Drive, Springfield,
Virginia 22152.
FOR FURTHER INFORMATION CONTACT:
Scott A. Brinks, Diversion Control
Division, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, VA
22152, Telephone: (571) 362–3261.
SUPPLEMENTARY INFORMATION:
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Posting of Public Comments
Please note that all comments
received are considered part of the
public record. They will, unless
reasonable cause is given, be made
available by the Drug Enforcement
Administration (DEA) for public
inspection online at https://
www.regulations.gov. Such information
includes personal identifying
information (such as your name,
address, etc.) voluntarily submitted by
the commenter. The Freedom of
Information Act (FOIA) applies to all
comments received. 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 made publicly available, you
must include the phrase ‘‘PERSONAL
IDENTIFYING INFORMATION’’ in the
first paragraph of your comment. You
must also place all of the personal
identifying information you do not want
made publicly available 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 made
publicly available, you must include the
phrase ‘‘CONFIDENTIAL BUSINESS
INFORMATION’’ in the first paragraph
of your comment. You must also
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Comments containing personal
identifying information and confidential
business information identified as
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directed above will generally be made
publicly available in redacted form. If a
comment has so much confidential
business information or personal
identifying information that it cannot be
effectively redacted, all or part of that
comment may not be made publicly
available. Comments posted to https://
www.regulations.gov may include any
personal identifying information (such
as name, address, and phone number)
included in the text of your electronic
submission that is not identified as
directed above as confidential.
An electronic copy of this document
and supplemental information,
including the complete Department of
Health and Human Services and Drug
Enforcement Administration eight-factor
analyses, to this interim final rule are
available at https://www.regulations.gov
for easy reference.
Request for Hearing, or Waiver of
Participation in Hearing
Pursuant to 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 (APA), 5
U.S.C. 551–559. 21 CFR 1308.41–
1308.45; 21 CFR part 1316, subpart D.
Interested persons may file requests for
a hearing, or notices of intent to
participate in a hearing, in conformity
with the requirements of 21 CFR
1308.44(a) or (b), and include a
statement of interest in the proceeding
and the objections or issues, if any,
concerning which the person desires to
be heard. Any interested person may file
a waiver of an opportunity for a hearing
or to participate in a hearing together
with a written statement regarding the
interested person’s position on the
matters of fact and law involved in any
hearing as set forth in 21 CFR
1308.44(c).
All requests for a hearing and waivers
of participation must be sent to DEA
using the address information provided
above.
Background and Legal Authority
Under the Improving Regulatory
Transparency for New Medical
Therapies Act (Pub. L. 114–89), which
was signed into law on November 25,
2015, the DEA is required to commence
an expedited scheduling action with
respect to certain new drugs approved
by the U.S. Food and Drug
Administration (FDA). As provided in
21 U.S.C. 811(j), this expedited
scheduling is required where both of the
following conditions apply: (1) The
Secretary of the Department of Health
and Human Services (Secretary of HHS
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or the Secretary) has advised DEA that
a New Drug Application (NDA) has been
submitted for a drug that has a
stimulant, depressant, or hallucinogenic
effect on the central nervous system
(CNS), and that it appears that such
drug has an abuse potential; and (2) the
Secretary recommends that DEA control
the drug in schedule II, III, IV, or V,
pursuant to 21 U.S.C. 811(a) and (b). In
these circumstances, DEA is required to
issue an interim final rule controlling
the drug within 90 days.
The law further states that the 90-day
timeframe starts the later of: (1) The date
DEA receives the HHS scientific and
medical evaluation/scheduling
recommendation, or (2) the date DEA
receives notice of the NDA approval by
HHS. In addition, the law specifies that
the rulemaking shall become
immediately effective as an interim final
rule without requiring DEA to
demonstrate good cause therefor. Thus,
the purpose of subsection (j) is to speed
the process by which DEA schedules
newly approved drugs that are currently
either in schedule I or not controlled
(but which have sufficient abuse
potential to warrant control) so that
such drugs may be marketed without
undue delay following FDA approval.1
Subsection (j) further provides that
the interim final rule shall give
interested persons the opportunity to
comment and to request a hearing. After
the conclusion of such proceedings,
DEA must issue a final rule in
accordance with the scheduling criteria
of subsections 21 U.S.C. 811(b), (c), and
(d) and 21 U.S.C. 812(b).
Lasmiditan [2,4,6-trifluoro-N-(6-(1methylpiperidine-4-carbonyl)pyridine2-yl-benzamide] is a new molecular
entity with central nervous system
(CNS) depressant properties. Lasmiditan
is a 5-hydroxytryptamine (5–HT,
serotonin) 1F receptor agonist. One of
its metabolites has low GABAA channel
positive allosteric activity. On October
11, 2018, Eli Lilly and Company
(Sponsor) submitted an NDA to FDA for
Reyvow (lasmiditan) 50 and 100 mg oral
tablets. On November 4, 2019, DEA
received notification that FDA, on
October 11, 2019, approved the NDA for
Reyvow (lasmiditan), under section
505(c) of the FDCA, for the acute
treatment of migraine with or without
aura in adults.2
1 Given the parameters of subsection (j), in DEA’s
view, it would not apply to a reformulation of a
drug containing a substance currently in schedules
II through V for which an NDA has recently been
approved.
2 https://www.accessdata.fda.gov/drugsatfda_
docs/appletter/2019/211280Orig1s000ltr.pdf.
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Determination To Schedule Lasmiditan
On November 4, 2019, DEA received
from HHS a scientific and medical
evaluation document (dated October 23,
2019) prepared by the FDA related to
lasmiditan. This document contained an
eight-factor analysis of the abuse
potential of lasmiditan, along with HHS’
recommendation to control lasmiditan
under schedule V of the CSA.
On December 4, 2019, the DEA
requested clarification from HHS
regarding supporting evidence for
factors 6 and 7 listed in 21 U.S.C.
811(c), as well as the third finding
under 21 U.S.C. 812(b)(5), for placement
of lasmiditan in schedule V. HHS
responded to the DEA via a letter on
January 15, 2020, with the necessary
clarification.
In response, DEA reviewed the
scientific and medical evaluation and
scheduling recommendation provided
by HHS, along with all other relevant
data, and completed its own eight-factor
review document pursuant to 21 U.S.C.
811(c). DEA concluded that lasmiditan
met the 21 U.S.C. 812(b)(5) criteria for
placement in schedule V of the CSA.
Pursuant to subsection 811(j), and
based on the HHS recommendation,
NDA approval by HHS/FDA, and DEA’s
determination, DEA is issuing this
interim final rule to schedule lasmiditan
as a schedule V controlled substance
under the CSA.
Included below is a brief summary of
each factor as analyzed by HHS and
DEA, and as considered by DEA in its
scheduling action. Please note that both
the DEA and HHS analyses are available
in their entirety under ‘‘Supporting
Documents’’ in the public docket for
this interim final rule at https://
www.regulations.gov, under Docket
Number ‘‘DEA–558.’’ Full analysis of,
and citations to, the information
referenced in the summary may also be
found in the supporting and related
material.
1. Its Actual or Relative Potential for
Abuse: As noted by HHS, lasmiditan is
a new molecular entity that has not been
marketed in the United States or any
other country. As a result, information
on the actual abuse of lasmiditan is
limited. According to HHS, lasmiditan
is not currently available for medical
treatment, lasmiditan has not been
diverted from legitimate sources, and
individuals have not taken the
substance in amounts sufficient to
create a hazard to public health and
safety. DEA further notes that there are
no reports for lasmiditan in the National
Forensic Laboratory Information System
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(NFLIS),3 which collects drug
identification results from drug cases
submitted to and analyzed by State and
local forensic laboratories. There were
also no reports in STARLiMS,4 DEA’s
laboratory drug evidence data system of
record.
Data from HHS outlined in Factors 2
and 3 demonstrate that lasmiditan is a
5-hydroxytryyptamine-1F (5–HT1F)
receptor agonist. There are no 5–HT1F
receptor agonists currently controlled in
the CSA. Lasmiditan at the highest dose
tested did produce reinforcing effects in
a rat self-administration assay. Drugliking visual analog scale (VAS) for
lasmiditan were significantly higher
than placebo and significantly lower
than the schedule IV benzodiazepine
alprazolam in an abuse potential study
in humans (see Factor 3).
2. Scientific Evidence of Its
Pharmacological Effects, if Known:
According to HHS, lasmiditan functions
as a 5–HT1F receptor agonist. HHS also
further stated that lasmiditan does not
bind to various other receptor targets
(opioid, cannabinoid, GABAergic, or
other ion channels) that are typically
associated with abuse.
As shown by the studies summarized
by HHS, lasmiditan did not produce
abuse-related behaviors in the toxicity
studies within mice, rats, and dogs.
HHS stated that the studies
demonstrating depressant effects such
as weight loss, sedation, and
hypothermia produced by lasmiditan
could be due to its toxic concentrations
of lasmiditan. In addition, results of the
drug discrimination assay demonstrated
that lasmiditan did not generalize to the
discriminative stimulus effects of the
benzodiazepine lorazepam (schedule
IV); however, lasmiditan did produce
reinforcing effects in the selfadministration assay.
HHS described results from a Phase 1,
randomized, double-blind, placebo-and
active-controlled, crossover clinical trial
in adult subjects who were recreational
poly-drug users. The primary objective
of this study was to assess the abuse
potential of lasmiditan compared to
alprazolam and placebo using the
maximal effect score (Emax) of the at-themoment 100-mm bipolar Drug Liking
VAS.
3 NFLIS is a national forensic laboratory reporting
system that systematically collects results from drug
chemistry analyses conducted by State and local
forensic laboratories in the United States. NFLIS
data were queried on 11/14/2019.
4 STARLiMS is a laboratory information
management system that systematically collects
results from drug chemistry analyses conducted by
the DEA laboratories. On October 1, 2014,
STARLiMS replaced STRIDE as the DEA laboratory
drug evidence data system of record. STARLiMS
data were queried on 11/18/2019.
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Lasmiditan was evaluated by the
comparison of Drug Liking Emax between
each dose of lasmiditan and placebo. All
doses of lasmiditan (100 mg, 200 mg,
and 400 mg) produced significantly
higher Emax than that of placebo
indicating that lasmiditan has abuse
potential. However, these effects of all
doses of lasmiditan were significantly
lower than alprazolam on mean Emax of
Drug Liking.
Lasmiditan 200 mg (therapeutic dose),
lasmiditan 400 mg (supratherapeutic
dose), and alprazolam 2 mg (43–49
percent) produced euphoric mood to a
similar extent. The lower dose of
lasmiditan (100 mg) produced euphoric
moods in 25 percent of subjects.
Alprazolam produced a feeling of
relaxation in more subjects than that
produced by any dose of lasmiditan.
According to HHS, this pattern of
adverse events (AEs) suggests that
lasmiditan has a similar or slightly less
potential for abuse than alprazolam.
According to HHS, the Sponsor
conducted eighteen Phase 1 studies in
which AEs, including abuse-related
AEs, were evaluated. In Phase 1, singledose studies with healthy subjects,
lasmiditan produced somnolence,
feeling drunk, and euphoric mood.
Euphoric mood occurred in five out of
twelve studies for lasmiditan, and one
out of seven studies for a control group.
According to HHS, overall, the data
from Phase 1 studies indicated that
lasmiditan had more abuse-related AEs
than placebo, and alprazolam showed a
greater incidence of abuse-related AEs
as compared to lasmiditan in one study.
HHS reviewed data from five Phase 2
and 3 studies and stated that, at
therapeutic doses, lasmiditan displays
abuse-related AEs to a greater extent
than placebo. However, these AEs occur
at a low frequency (about one percent).
3. The State of Current Scientific
Knowledge Regarding the Drug or Other
Substance: Appearing as a white to offwhite solid, lasmiditan is highly soluble
in water and freely soluble in methanol.
Per HHS, none of the steps in the
manufacturing process of lasmiditan
produces or utilizes substances that
have a known potential for abuse, nor
can they be easily modified to generate
a substance with abuse potential. A high
level of expertise in and knowledge of
organic chemistry is required to
synthesize lasmiditan.
Rat studies demonstrate that
lasmiditan has a half-life of
approximately 31 hours. HHS also
described lasmiditan pharmacokinetic
data from another study conducted in
beagle dogs in the fasted (overnight)
state versus the fed state. The time
measurement for maximal concentration
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(Tmax) was the only parameter that
significantly differed between the fed
(3.5 hours) and the fasted (1.25 hours)
state, indicating that food has a
significant slowing effect on the oral
absorption of lasmiditan.
A separate study in male rats was
conducted to compare the plasma and
brain pharmacokinetic parameters, in
addition to evaluating the
bioavailability of lasmiditan. Results
indicate that lasmiditan crosses the
blood brain barrier and collects in the
brain, producing exposure levels 2.5- to
3-fold higher than those in plasma. The
Tmax in both plasma and brain was
reached in 30 minutes. However, the
maximum serum concentration was
two- and three-fold higher in the brain
as compared to plasma levels following
oral and IV administration, respectively.
The oral bioavailability of the drug was
63.3 percent.
As described by HHS, an in-vitro
study was conducted to identify the
human cytochrome P450 isozymes
responsible for the in-vitro metabolism
of lasmiditan. Results indicated the
possible involvement of CYP1A2 in the
production of metabolites M7, M8, and
M18; CYP2D6 and CYP2C9 in the
production of M7 and M18; and
CYP2C19 and CYP3A4 in the
production of M7 and M18.
4. Its History and Current Pattern of
Abuse: Lasmiditan was approved by
FDA on October 11, 2019. According to
HHS, as a single active ingredient in a
drug product formulation, lasmiditan
has not been approved for therapeutic
use in any other country. There is no
information available relating to the
history and current pattern of abuse of
this formulation of lasmiditan or the
active ingredient. As stated in Factor 1,
DEA notes that there has been no
diversion of lasmiditan based on NFLIS
and STARLiMS data.
5. The Scope, Duration, and
Significance of Abuse: As described in
Factor 4, lasmiditan as a single entity
has not been approved for therapeutic
use outside of the United States. A
search by DEA of the NFLIS and
STARLiMS databases found no
evidence of law enforcement encounters
of lasmiditan in the United States.
Based on the preclinical and clinical
study data described by HHS (see Factor
2, above), and on available
epidemiological data, the scope,
duration, and significance of lasmiditan
abuse would likely be lower than
substances in schedule IV of the CSA
and similar to that of a drug controlled
in schedule V.
6. What, if Any, Risk There Is to the
Public Health: As stated by HHS, the
extent to which a drug has abuse
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potential is considered an indication of
its public health risk. Based on the
preclinical and clinical study data
described by HHS (see Factor 2, above),
lasmiditan has abuse potential and
physical or psychological dependence
(Factor 7) that is lower than substances
in schedule IV of the CSA and similar
to that of substances controlled in
schedule V.
7. Its Psychic or Physiological
Dependence Liability: HHS described an
animal study that was conducted to
assess the withdrawal effects of
lasmiditan. Based on the data from the
animal study, HHS concluded that
lasmiditan does not produce signs
consistent with physical dependence.
HHS, in its clarification letter to DEA,
stated that animal data, discussed in
Factor 2, suggest that lasmiditan has the
potential to produce psychological
dependence less than that of substances
in schedule IV and similar to that of
substances in schedule V. HHS further
added that these circumstances of
uncertain physical dependence and
limited psychological dependence have
likewise been observed in their analyses
of other schedule V drugs.
8. Whether the Substance Is an
Immediate Precursor of a Substance
Already Controlled Under the CSA:
Lasmiditan is not an immediate
precursor of a substance that is already
controlled in the CSA as defined in 21
U.S.C. 802(23).
Conclusion: After considering the
scientific and medical evaluation
conducted by HHS, HHS’
recommendation, and DEA’s own eightfactor analysis, DEA has determined
that these facts and all relevant data
constitute substantial evidence of a
potential for abuse of lasmiditan. As
such, DEA hereby schedules lasmiditan
as a controlled substance under the
CSA.
Determination of Appropriate Schedule
21 U.S.C. 812(b) requires the
evaluation of a substance’s abuse
potential, accepted medical use, and
safety for use under medical supervision
for scheduling under the CSA as a
controlled substance. After
consideration of the above eight factors
determinative of control of a substance
(21 U.S.C. 811(c)), and a review of the
scientific and medical evaluation and
scheduling recommendation provided
by HHS, DEA finds that lasmiditan
meets the following criteria for
placement in schedule V of the CSA
pursuant to 21 U.S.C. 812(b)(5).
(1) Lasmiditan has a low potential for
abuse relative to the drugs or other
substances in Schedule IV.
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As stated by HHS, lasmiditan, a 5–
HT1F receptor agonist, did not bind to
receptors typically associated with
abuse (e.g., opioid, cannabinoid,
GABAergic). In the drug discrimination
paradigm, lasmiditan did not generalize
to the discriminative stimulus effects of
the benzodiazepine lorazepam.
Lasmiditan did, however, produce
reinforcing effects in the selfadministration assay.
As detailed by HHS, in a human
abuse-potential study, all doses of
lasmiditan produced drug-liking scores
that were significantly higher than that
of placebo, indicating its abuse
potential. Subjects following lasmiditan
reported drug-liking scores that were
significantly smaller than that of
alprazolam (schedule IV drug),
indicating that its abuse potential is less
than that of alprazolam. Lasmiditan
produced abuse-related adverse events
to a greater extent than that of placebo,
but with low frequency (about 1
percent).
(2) Lasmiditan has a currently
accepted medical use in the United
States.
The FDA recently approved the NDA
for lasmiditan oral tablets for the acute
treatment of migraine with or without
aura in adults. Therefore, lasmiditan has
a currently accepted medical use in
treatment in the United States.
(3) Abuse of Lasmiditan may lead to
limited physical dependence or
psychological dependence relative to
the drugs or other substances in
Schedule IV.
As stated by HHS, based on the
totality of the available scientific data,
lasmiditan may lead to physical or
psychological dependence that is low
relative to substances in schedule IV
and similar to that of substances in
schedule V.
Based on these findings, the Acting
Administrator of DEA concludes that
lasmiditan warrants control in schedule
V of the CSA. 21 U.S.C. 812(b)(5).
Requirements for Handling Lasmiditan
Lasmiditan is subject to the CSA’s
schedule V regulatory controls and
administrative, civil, and criminal
sanctions applicable to the manufacture,
distribution, reverse distribution,
dispensing, importing, exporting,
research, and conduct of instructional
activities and chemical analysis with,
and possession involving, schedule V
substances, including the following:
1. Registration. Any person who
handles (manufactures, distributes,
reverse distributes, dispenses, imports,
exports, engages in research, or
conducts instructional activities or
chemical analysis with, or possesses)
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
lasmiditan, or who desires to handle
lasmiditan, 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 or intends to handle lasmiditan,
and is not registered with the DEA, must
submit an application for registration
and may not continue to handle
lasmiditan, unless the DEA has
approved that application for
registration, pursuant to 21 U.S.C. 822,
823, 957, and 958, and in accordance
with 21 CFR parts 1301 and 1312.
2. Disposal of Stocks. Any person who
does not desire, or is not able to obtain,
a schedule V registration must surrender
all quantities of currently held
lasmiditan, or may transfer all quantities
of currently held lasmiditan to a person
registered with the DEA in accordance
with 21 CFR part 1317, in addition to
all other applicable federal, state, local,
and tribal laws.
3. Security. Lasmiditan is subject to
schedule III–V security requirements
and must be handled and stored in
accordance with 21 CFR 1301.71–
1301.93.
4. Labeling and Packaging. All labels,
labeling, and packaging for commercial
containers of lasmiditan must comply
with 21 U.S.C. 825 and 958(e), and be
in accordance with 21 CFR part 1302.
5. Inventory. Every DEA registrant
who possesses any quantity of
lasmiditan must take an inventory of
lasmiditan on hand, pursuant to 21
U.S.C. 827 and 958(e), and in
accordance with 21 CFR 1304.03,
1304.04, and 1304.11.
Any person who becomes registered
with the DEA to handle lasmiditan must
take an initial inventory of all stocks of
controlled substances (including
lasmiditan) on hand on the date the
registrant first engages in the handling
of controlled substances, pursuant to 21
U.S.C. 827 and 958(e), and in
accordance with 21 CFR 1304.03,
1304.04, and 1304.11.
After the initial inventory, every DEA
registrant must take a new inventory of
all stocks of controlled substances
(including lasmiditan) on hand every
two years, pursuant to 21 U.S.C. 827
and 958(e), and in accordance with 21
CFR 1304.03, 1304.04, and 1304.11.
6. Records and Reports. Every DEA
registrant must maintain records and
submit reports for lasmiditan, or
products containing lasmiditan,
pursuant to 21 U.S.C. 827 and 958(e),
and in accordance with 21 CFR parts
1304, 1312, and 1317.
7. Prescriptions. All prescriptions for
lasmiditan, or products containing
lasmiditan, must comply with 21 U.S.C.
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15:45 Jan 30, 2020
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829, and be issued in accordance with
21 CFR parts 1306 and 1311, subpart C.
8. Manufacturing and Distributing. In
addition to the general requirements of
the CSA and DEA regulations that are
applicable to manufacturers and
distributors of schedule V controlled
substances, such registrants should be
advised that (consistent with the
foregoing considerations) any
manufacturing or distribution of
lasmiditan may only be for the
legitimate purposes consistent with the
drug’s labeling, or for research activities
authorized by the Federal Food, Drug,
and Cosmetic Act and the CSA.
9. Importation and Exportation. All
importation and exportation of
lasmiditan must be in compliance with
21 U.S.C. 952, 953, 957, and 958, and
in accordance with 21 CFR part 1312.
10. Liability. Any activity involving
lasmiditan not authorized by, or in
violation of, the CSA or its
implementing regulations, is unlawful,
and may subject the person to
administrative, civil, and/or criminal
sanctions.
Regulatory Analyses
Administrative Procedure Act
Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C.)
generally requires notice and comment
for rulemakings. However, 21 U.S.C. 811
provides that in cases where a certain
new drug is (1) approved by HHS and
(2) HHS recommends control in CSA
schedule II–V, DEA shall issue an
interim final rule scheduling the drug
within 90 days. Additionally, the law
specifies that the rulemaking shall
become immediately effective as an
interim final rule without requiring DEA
to demonstrate good cause.
Executive Orders 12866, 13563, and
13771, Regulatory Planning and Review,
Improving Regulation and Regulatory
Review, and Reducing Regulation and
Controlling Regulatory Costs
In accordance with 21 U.S.C. 811(a)
and (j), this scheduling action is subject
to formal rulemaking procedures
performed ‘‘on the record after
opportunity for a hearing,’’ which are
conducted pursuant to the provisions of
5 U.S.C. 556 and 557. The CSA sets
forth the procedures and criteria for
scheduling a drug or other substance.
Such actions are exempt from review by
the Office of Management and Budget
(OMB) pursuant to section 3(d)(1) of
Executive Order 12866 and the
principles reaffirmed in Executive Order
13563.
This final rule is not an Executive
Order 13771 regulatory action pursuant
PO 00000
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Fmt 4700
Sfmt 4700
5561
to Executive Order 12866 and OMB
guidance.5
Executive Order 12988, Civil Justice
Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988 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, Federalism
This rulemaking does not have
federalism implications warranting the
application of Executive Order 13132.
The rule does 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.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This rule does not have tribal
implications warranting the application
of Executive Order 13175. It 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.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612) applies to rules that
are subject to notice and comment
under section 553(b) of the APA. Under
21 U.S.C. 811(j), DEA is not required to
publish a general notice of proposed
rulemaking. Consequently, the RFA
does not apply.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., DEA has
determined that this action would not
result in any Federal mandate that may
result ‘‘in the expenditure by State,
local, and tribal governments, in the
aggregate, or by the private sector, of
$100,000,000 or more (adjusted
annually for inflation) in any 1 year.’’
Therefore, neither a Small Government
Agency Plan nor any other action is
required under UMRA of 1995.
5 Office of Mgmt. & Budget, Exec. Office of the
President, Interim Guidance Implementing Section
2 of the Executive Order of January 30, 2017 Titled
‘‘Reducing Regulation and Controlling Regulatory
Costs’’ (Feb. 2, 2017).
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
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. This action
would not impose recordkeeping or
reporting requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Congressional Review Act
This rule is not a major rule as
defined by the Congressional Review
Act (CRA), 5 U.S.C. 804. 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 U.S.-based companies to
compete with foreign-based companies
in domestic and export markets.
However, pursuant to the CRA, DEA has
submitted a copy of this interim 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, DEA
amends 21 CFR part 1308 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.
2. Amend § 1308.15 by:
a. Redesignating paragraph (e)(4) as
(e)(5);
■ b. Adding new paragraph (e)(4).
The addition reads as follows:
■
■
§ 1308.15
*
Schedule V.
*
*
(e) * * *
*
*
(4) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide] ............................................................
*
*
*
*
*
Dated: January 28, 2020.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2020–01957 Filed 1–30–20; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 3280 and 3282
[Docket No. FR 6018–F–02]
RIN 2502–AJ42
Streamlining and Aligning
Formaldehyde Emission Control
Standards for Certain Wood Products
in Manufactured Home Construction
With Title VI of the Toxic Substance
Control Act
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Final rule.
AGENCY:
HUD is issuing a final rule to
implement the Formaldehyde Standards
for Composite Wood Products Act of
2010, which added Title VI to the Toxic
Substances Control Act (TSCA). The
purpose of TSCA Title VI is to reduce
exposures to formaldehyde emissions
from composite wood products, thereby
resulting in benefits from avoided
adverse health effects. In addition, HUD
is removing certain aspects of the
current manufactured housing
formaldehyde standards requirements
that are not addressed by TSCA. This
final rule follows publication of a March
22, 2019, proposed rule and takes into
consideration the public comments
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SUMMARY:
VerDate Sep<11>2014
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Jkt 250001
received on the proposed rule. This
final rule also incorporates by reference,
ASTM D6007–14 and ASTM E1333–14,
the current standard requirements for
formaldehyde concentration and
emissions rate air chamber testing.
DATES: This final rule is effective March
2, 2020. The incorporation by reference
of certain publications listed in the rule
is approved by the Director of the
Federal Register as of March 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Teresa B. Payne, Acting Administrator,
Office of Manufactured Housing
Programs, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street SW,
Washington, DC 20410; telephone 202–
402–5365 (this is not a toll-free
number). Persons with hearing or
speech impairments may access this
number via TTY by calling the Federal
Relay Service at 800–877–8389 (toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background—HUD’s March 22, 2019
Proposed Rule
The Formaldehyde Standards for
Composite Wood Products Act of 2010,
which added TSCA Title VI (Pub. L.
111–199, enacted on July 7, 2010)
(‘‘Formaldehyde Act of 2010’’),
established new formaldehyde
emissions standards for all hardwood
plywood, medium-density fiberboard,
and particleboard, including when
incorporated into finished goods, that
are sold, supplied, offered for sale, or
manufactured (including imported) in
the United States. TSCA Title VI directs
HUD to update its regulation addressing
formaldehyde emission standards to
ensure consistency with the standards
in TSCA not later than 180 days after
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2790
the Environmental Protection Agency
(EPA) promulgates regulations. EPA’s
final rule implementing the new
requirements became effective May 22,
2017. See 81 FR 89674.
On March 22, 2019, HUD published a
proposed rule in the Federal Register, at
84 FR 10738, to streamline and align
formaldehyde emission control
standards requirements for certain wood
products in manufactured homes with
Title VI of the Toxic Substance Control
Act. The rule proposed revising HUD’s
current formaldehyde emission
standards for composite wood products
used in manufactured housing at 24
CFR parts 3280 and 3282 to ensure
consistency with the requirements
established by section 601 of TSCA and
EPA requirements, including the scope
of products tested and processes for
testing.
In addition, HUD proposed to remove
certain aspects of HUD’s manufactured
housing formaldehyde standards
requirements that are not addressed by
TSCA, including provisions for a health
notice to be posted in every
manufactured home, testing of panels
treated after certification, and testing of
certain plywood materials. Lastly,
HUD’s proposed rule also added the
EPA required provision for labeling
finished goods by requiring labeling of
each manufactured home as being
‘‘TSCA Title VI compliant’’ to the data
plate of each manufactured home in 24
CFR 3280.5,1 as recommended by the
1 On October 25–27, 2016, HUD held a meeting
with the Manufactured Housing Consensus
Committee (MHCC). See 81 FR 66288. The
Committee voted to accept a working draft of the
proposed rule which cross-referenced EPA’s
requirements in HUD’s regulations and removed the
health hazard warning requirement in 24 CFR
3280.309. See Minutes MHCC Meeting October 25–
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Agencies
[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5557-5562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01957]
=======================================================================
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-558]
Schedules of Controlled Substances: Placement of Lasmiditan in
Schedule V
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: On October 11, 2019, the U.S. Food and Drug Administration
approved a new drug application for Reyvow (lasmiditan) tablets for
oral use. Lasmiditan is chemically known as [2,4,6-trifluoro-N-(6-(1-
methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide]. Thereafter, the
Department of Health and Human Services provided the Drug Enforcement
Administration (DEA) with a scheduling recommendation to place
lasmiditan in schedule V of the Controlled Substances Act (CSA). In
accordance with the CSA, as revised by the Improving Regulatory
Transparency for New Medical Therapies Act, DEA is hereby issuing an
interim final rule placing lasmiditan, including its salts, isomers,
and salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible, in schedule V of the CSA.
DATES: The effective date of this rulemaking is January 31, 2020.
Interested persons may file written comments on this rulemaking in
accordance with 21 U.S.C. 811(j)(3) and 21 CFR 1308.43(g). Electronic
comments must be submitted, and written comments must be postmarked, on
or before March 2, 2020. Commenters should be aware that the electronic
Federal Docket Management System will not accept comments after 11:59
p.m. Eastern Time on the last day of the comment period.
Interested persons may file a request for hearing or waiver of
hearing in accordance with 21 U.S.C. 811(j)(3) and 21 CFR 1308.44.
Requests for hearing and waivers of an opportunity for a hearing or to
participate in a hearing must be received on or before March 2, 2020.
ADDRESSES: To ensure proper handling of comments, please reference
``Docket No. DEA-558'' on all correspondence, including any
attachments.
Electronic comments: The Drug Enforcement Administration
encourages that all comments be submitted electronically through the
Federal eRulemaking Portal, which provides the ability to type short
comments directly into the comment field on the web page or attach a
file for lengthier comments. Please go to https://www.regulations.gov
and follow the online instructions at that site for submitting
comments. Upon completion of your submission, you will receive a
Comment Tracking Number for your comment. Please be aware that
submitted comments are not instantaneously available for public view on
Regulations.gov. If you have received a Comment Tracking Number, your
comment has been successfully submitted and there is no need to
resubmit the same comment.
Paper comments: Paper comments that duplicate the
electronic submission are not necessary and are discouraged. Should you
wish to mail a paper comment in lieu of an electronic comment, it
should be sent via regular
[[Page 5558]]
or express mail to: Drug Enforcement Administration, Attn: DEA Federal
Register Representative/DRW, 8701 Morrissette Drive, Springfield, VA
22152.
Hearing requests: All requests for hearing and waivers of
participation must be sent to: Drug Enforcement Administration, Attn:
Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All
requests for hearing and waivers of participation should also be sent
to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701
Morrissette Drive, Springfield, Virginia 22152; and (2) Drug
Enforcement Administration, Attn: DEA Federal Register Representative/
DRW, 8701 Morrissette Drive, Springfield, Virginia 22152.
FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Diversion Control
Division, Drug Enforcement Administration; Mailing Address: 8701
Morrissette Drive, Springfield, VA 22152, Telephone: (571) 362-3261.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received are considered part of the
public record. They will, unless reasonable cause is given, be made
available by the Drug Enforcement Administration (DEA) for public
inspection online at https://www.regulations.gov. Such information
includes personal identifying information (such as your name, address,
etc.) voluntarily submitted by the commenter. The Freedom of
Information Act (FOIA) applies to all comments received. 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 made publicly
available, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You must also
place all of the personal identifying information you do not want made
publicly available 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 made publicly available, you
must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the
first paragraph of your comment. You must also prominently identify the
confidential business information to be redacted within the comment.
Comments containing personal identifying information and
confidential business information identified as directed above will
generally be made publicly available in redacted form. If a comment has
so much confidential business information or personal identifying
information that it cannot be effectively redacted, all or part of that
comment may not be made publicly available. Comments posted to https://www.regulations.gov may include any personal identifying information
(such as name, address, and phone number) included in the text of your
electronic submission that is not identified as directed above as
confidential.
An electronic copy of this document and supplemental information,
including the complete Department of Health and Human Services and Drug
Enforcement Administration eight-factor analyses, to this interim final
rule are available at https://www.regulations.gov for easy reference.
Request for Hearing, or Waiver of Participation in Hearing
Pursuant to 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 (APA), 5 U.S.C. 551-559. 21 CFR 1308.41-1308.45; 21 CFR part 1316,
subpart D. Interested persons may file requests for a hearing, or
notices of intent to participate in a hearing, in conformity with the
requirements of 21 CFR 1308.44(a) or (b), and include a statement of
interest in the proceeding and the objections or issues, if any,
concerning which the person desires to be heard. Any interested person
may file a waiver of an opportunity for a hearing or to participate in
a hearing together with a written statement regarding the interested
person's position on the matters of fact and law involved in any
hearing as set forth in 21 CFR 1308.44(c).
All requests for a hearing and waivers of participation must be
sent to DEA using the address information provided above.
Background and Legal Authority
Under the Improving Regulatory Transparency for New Medical
Therapies Act (Pub. L. 114-89), which was signed into law on November
25, 2015, the DEA is required to commence an expedited scheduling
action with respect to certain new drugs approved by the U.S. Food and
Drug Administration (FDA). As provided in 21 U.S.C. 811(j), this
expedited scheduling is required where both of the following conditions
apply: (1) The Secretary of the Department of Health and Human Services
(Secretary of HHS or the Secretary) has advised DEA that a New Drug
Application (NDA) has been submitted for a drug that has a stimulant,
depressant, or hallucinogenic effect on the central nervous system
(CNS), and that it appears that such drug has an abuse potential; and
(2) the Secretary recommends that DEA control the drug in schedule II,
III, IV, or V, pursuant to 21 U.S.C. 811(a) and (b). In these
circumstances, DEA is required to issue an interim final rule
controlling the drug within 90 days.
The law further states that the 90-day timeframe starts the later
of: (1) The date DEA receives the HHS scientific and medical
evaluation/scheduling recommendation, or (2) the date DEA receives
notice of the NDA approval by HHS. In addition, the law specifies that
the rulemaking shall become immediately effective as an interim final
rule without requiring DEA to demonstrate good cause therefor. Thus,
the purpose of subsection (j) is to speed the process by which DEA
schedules newly approved drugs that are currently either in schedule I
or not controlled (but which have sufficient abuse potential to warrant
control) so that such drugs may be marketed without undue delay
following FDA approval.\1\
---------------------------------------------------------------------------
\1\ Given the parameters of subsection (j), in DEA's view, it
would not apply to a reformulation of a drug containing a substance
currently in schedules II through V for which an NDA has recently
been approved.
---------------------------------------------------------------------------
Subsection (j) further provides that the interim final rule shall
give interested persons the opportunity to comment and to request a
hearing. After the conclusion of such proceedings, DEA must issue a
final rule in accordance with the scheduling criteria of subsections 21
U.S.C. 811(b), (c), and (d) and 21 U.S.C. 812(b).
Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-
carbonyl)pyridine-2-yl-benzamide] is a new molecular entity with
central nervous system (CNS) depressant properties. Lasmiditan is a 5-
hydroxytryptamine (5-HT, serotonin) 1F receptor agonist. One of its
metabolites has low GABAA channel positive allosteric
activity. On October 11, 2018, Eli Lilly and Company (Sponsor)
submitted an NDA to FDA for Reyvow (lasmiditan) 50 and 100 mg oral
tablets. On November 4, 2019, DEA received notification that FDA, on
October 11, 2019, approved the NDA for Reyvow (lasmiditan), under
section 505(c) of the FDCA, for the acute treatment of migraine with or
without aura in adults.\2\
---------------------------------------------------------------------------
\2\ https://www.accessdata.fda.gov/drugsatfda_docs/appletter/2019/211280Orig1s000ltr.pdf.
---------------------------------------------------------------------------
[[Page 5559]]
Determination To Schedule Lasmiditan
On November 4, 2019, DEA received from HHS a scientific and medical
evaluation document (dated October 23, 2019) prepared by the FDA
related to lasmiditan. This document contained an eight-factor analysis
of the abuse potential of lasmiditan, along with HHS' recommendation to
control lasmiditan under schedule V of the CSA.
On December 4, 2019, the DEA requested clarification from HHS
regarding supporting evidence for factors 6 and 7 listed in 21 U.S.C.
811(c), as well as the third finding under 21 U.S.C. 812(b)(5), for
placement of lasmiditan in schedule V. HHS responded to the DEA via a
letter on January 15, 2020, with the necessary clarification.
In response, DEA reviewed the scientific and medical evaluation and
scheduling recommendation provided by HHS, along with all other
relevant data, and completed its own eight-factor review document
pursuant to 21 U.S.C. 811(c). DEA concluded that lasmiditan met the 21
U.S.C. 812(b)(5) criteria for placement in schedule V of the CSA.
Pursuant to subsection 811(j), and based on the HHS recommendation,
NDA approval by HHS/FDA, and DEA's determination, DEA is issuing this
interim final rule to schedule lasmiditan as a schedule V controlled
substance under the CSA.
Included below is a brief summary of each factor as analyzed by HHS
and DEA, and as considered by DEA in its scheduling action. Please note
that both the DEA and HHS analyses are available in their entirety
under ``Supporting Documents'' in the public docket for this interim
final rule at https://www.regulations.gov, under Docket Number ``DEA-
558.'' Full analysis of, and citations to, the information referenced
in the summary may also be found in the supporting and related
material.
1. Its Actual or Relative Potential for Abuse: As noted by HHS,
lasmiditan is a new molecular entity that has not been marketed in the
United States or any other country. As a result, information on the
actual abuse of lasmiditan is limited. According to HHS, lasmiditan is
not currently available for medical treatment, lasmiditan has not been
diverted from legitimate sources, and individuals have not taken the
substance in amounts sufficient to create a hazard to public health and
safety. DEA further notes that there are no reports for lasmiditan in
the National Forensic Laboratory Information System (NFLIS),\3\ which
collects drug identification results from drug cases submitted to and
analyzed by State and local forensic laboratories. There were also no
reports in STARLiMS,\4\ DEA's laboratory drug evidence data system of
record.
---------------------------------------------------------------------------
\3\ NFLIS is a national forensic laboratory reporting system
that systematically collects results from drug chemistry analyses
conducted by State and local forensic laboratories in the United
States. NFLIS data were queried on 11/14/2019.
\4\ STARLiMS is a laboratory information management system that
systematically collects results from drug chemistry analyses
conducted by the DEA laboratories. On October 1, 2014, STARLiMS
replaced STRIDE as the DEA laboratory drug evidence data system of
record. STARLiMS data were queried on 11/18/2019.
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Data from HHS outlined in Factors 2 and 3 demonstrate that
lasmiditan is a 5-hydroxytryyptamine-1F (5-HT1F) receptor
agonist. There are no 5-HT1F receptor agonists currently
controlled in the CSA. Lasmiditan at the highest dose tested did
produce reinforcing effects in a rat self-administration assay. Drug-
liking visual analog scale (VAS) for lasmiditan were significantly
higher than placebo and significantly lower than the schedule IV
benzodiazepine alprazolam in an abuse potential study in humans (see
Factor 3).
2. Scientific Evidence of Its Pharmacological Effects, if Known:
According to HHS, lasmiditan functions as a 5-HT1F receptor
agonist. HHS also further stated that lasmiditan does not bind to
various other receptor targets (opioid, cannabinoid, GABAergic, or
other ion channels) that are typically associated with abuse.
As shown by the studies summarized by HHS, lasmiditan did not
produce abuse-related behaviors in the toxicity studies within mice,
rats, and dogs. HHS stated that the studies demonstrating depressant
effects such as weight loss, sedation, and hypothermia produced by
lasmiditan could be due to its toxic concentrations of lasmiditan. In
addition, results of the drug discrimination assay demonstrated that
lasmiditan did not generalize to the discriminative stimulus effects of
the benzodiazepine lorazepam (schedule IV); however, lasmiditan did
produce reinforcing effects in the self-administration assay.
HHS described results from a Phase 1, randomized, double-blind,
placebo-and active-controlled, crossover clinical trial in adult
subjects who were recreational poly-drug users. The primary objective
of this study was to assess the abuse potential of lasmiditan compared
to alprazolam and placebo using the maximal effect score
(Emax) of the at-the-moment 100-mm bipolar Drug Liking VAS.
Lasmiditan was evaluated by the comparison of Drug Liking
Emax between each dose of lasmiditan and placebo. All doses
of lasmiditan (100 mg, 200 mg, and 400 mg) produced significantly
higher Emax than that of placebo indicating that lasmiditan
has abuse potential. However, these effects of all doses of lasmiditan
were significantly lower than alprazolam on mean Emax of
Drug Liking.
Lasmiditan 200 mg (therapeutic dose), lasmiditan 400 mg
(supratherapeutic dose), and alprazolam 2 mg (43-49 percent) produced
euphoric mood to a similar extent. The lower dose of lasmiditan (100
mg) produced euphoric moods in 25 percent of subjects. Alprazolam
produced a feeling of relaxation in more subjects than that produced by
any dose of lasmiditan. According to HHS, this pattern of adverse
events (AEs) suggests that lasmiditan has a similar or slightly less
potential for abuse than alprazolam.
According to HHS, the Sponsor conducted eighteen Phase 1 studies in
which AEs, including abuse-related AEs, were evaluated. In Phase 1,
single-dose studies with healthy subjects, lasmiditan produced
somnolence, feeling drunk, and euphoric mood. Euphoric mood occurred in
five out of twelve studies for lasmiditan, and one out of seven studies
for a control group. According to HHS, overall, the data from Phase 1
studies indicated that lasmiditan had more abuse-related AEs than
placebo, and alprazolam showed a greater incidence of abuse-related AEs
as compared to lasmiditan in one study.
HHS reviewed data from five Phase 2 and 3 studies and stated that,
at therapeutic doses, lasmiditan displays abuse-related AEs to a
greater extent than placebo. However, these AEs occur at a low
frequency (about one percent).
3. The State of Current Scientific Knowledge Regarding the Drug or
Other Substance: Appearing as a white to off-white solid, lasmiditan is
highly soluble in water and freely soluble in methanol. Per HHS, none
of the steps in the manufacturing process of lasmiditan produces or
utilizes substances that have a known potential for abuse, nor can they
be easily modified to generate a substance with abuse potential. A high
level of expertise in and knowledge of organic chemistry is required to
synthesize lasmiditan.
Rat studies demonstrate that lasmiditan has a half-life of
approximately 31 hours. HHS also described lasmiditan pharmacokinetic
data from another study conducted in beagle dogs in the fasted
(overnight) state versus the fed state. The time measurement for
maximal concentration
[[Page 5560]]
(Tmax) was the only parameter that significantly differed
between the fed (3.5 hours) and the fasted (1.25 hours) state,
indicating that food has a significant slowing effect on the oral
absorption of lasmiditan.
A separate study in male rats was conducted to compare the plasma
and brain pharmacokinetic parameters, in addition to evaluating the
bioavailability of lasmiditan. Results indicate that lasmiditan crosses
the blood brain barrier and collects in the brain, producing exposure
levels 2.5- to 3-fold higher than those in plasma. The Tmax
in both plasma and brain was reached in 30 minutes. However, the
maximum serum concentration was two- and three-fold higher in the brain
as compared to plasma levels following oral and IV administration,
respectively. The oral bioavailability of the drug was 63.3 percent.
As described by HHS, an in-vitro study was conducted to identify
the human cytochrome P450 isozymes responsible for the in-vitro
metabolism of lasmiditan. Results indicated the possible involvement of
CYP1A2 in the production of metabolites M7, M8, and M18; CYP2D6 and
CYP2C9 in the production of M7 and M18; and CYP2C19 and CYP3A4 in the
production of M7 and M18.
4. Its History and Current Pattern of Abuse: Lasmiditan was
approved by FDA on October 11, 2019. According to HHS, as a single
active ingredient in a drug product formulation, lasmiditan has not
been approved for therapeutic use in any other country. There is no
information available relating to the history and current pattern of
abuse of this formulation of lasmiditan or the active ingredient. As
stated in Factor 1, DEA notes that there has been no diversion of
lasmiditan based on NFLIS and STARLiMS data.
5. The Scope, Duration, and Significance of Abuse: As described in
Factor 4, lasmiditan as a single entity has not been approved for
therapeutic use outside of the United States. A search by DEA of the
NFLIS and STARLiMS databases found no evidence of law enforcement
encounters of lasmiditan in the United States. Based on the preclinical
and clinical study data described by HHS (see Factor 2, above), and on
available epidemiological data, the scope, duration, and significance
of lasmiditan abuse would likely be lower than substances in schedule
IV of the CSA and similar to that of a drug controlled in schedule V.
6. What, if Any, Risk There Is to the Public Health: As stated by
HHS, the extent to which a drug has abuse potential is considered an
indication of its public health risk. Based on the preclinical and
clinical study data described by HHS (see Factor 2, above), lasmiditan
has abuse potential and physical or psychological dependence (Factor 7)
that is lower than substances in schedule IV of the CSA and similar to
that of substances controlled in schedule V.
7. Its Psychic or Physiological Dependence Liability: HHS described
an animal study that was conducted to assess the withdrawal effects of
lasmiditan. Based on the data from the animal study, HHS concluded that
lasmiditan does not produce signs consistent with physical dependence.
HHS, in its clarification letter to DEA, stated that animal data,
discussed in Factor 2, suggest that lasmiditan has the potential to
produce psychological dependence less than that of substances in
schedule IV and similar to that of substances in schedule V. HHS
further added that these circumstances of uncertain physical dependence
and limited psychological dependence have likewise been observed in
their analyses of other schedule V drugs.
8. Whether the Substance Is an Immediate Precursor of a Substance
Already Controlled Under the CSA: Lasmiditan is not an immediate
precursor of a substance that is already controlled in the CSA as
defined in 21 U.S.C. 802(23).
Conclusion: After considering the scientific and medical evaluation
conducted by HHS, HHS' recommendation, and DEA's own eight-factor
analysis, DEA has determined that these facts and all relevant data
constitute substantial evidence of a potential for abuse of lasmiditan.
As such, DEA hereby schedules lasmiditan as a controlled substance
under the CSA.
Determination of Appropriate Schedule
21 U.S.C. 812(b) requires the evaluation of a substance's abuse
potential, accepted medical use, and safety for use under medical
supervision for scheduling under the CSA as a controlled substance.
After consideration of the above eight factors determinative of control
of a substance (21 U.S.C. 811(c)), and a review of the scientific and
medical evaluation and scheduling recommendation provided by HHS, DEA
finds that lasmiditan meets the following criteria for placement in
schedule V of the CSA pursuant to 21 U.S.C. 812(b)(5).
(1) Lasmiditan has a low potential for abuse relative to the drugs
or other substances in Schedule IV.
As stated by HHS, lasmiditan, a 5-HT1F receptor agonist,
did not bind to receptors typically associated with abuse (e.g.,
opioid, cannabinoid, GABAergic). In the drug discrimination paradigm,
lasmiditan did not generalize to the discriminative stimulus effects of
the benzodiazepine lorazepam. Lasmiditan did, however, produce
reinforcing effects in the self-administration assay.
As detailed by HHS, in a human abuse-potential study, all doses of
lasmiditan produced drug-liking scores that were significantly higher
than that of placebo, indicating its abuse potential. Subjects
following lasmiditan reported drug-liking scores that were
significantly smaller than that of alprazolam (schedule IV drug),
indicating that its abuse potential is less than that of alprazolam.
Lasmiditan produced abuse-related adverse events to a greater extent
than that of placebo, but with low frequency (about 1 percent).
(2) Lasmiditan has a currently accepted medical use in the United
States.
The FDA recently approved the NDA for lasmiditan oral tablets for
the acute treatment of migraine with or without aura in adults.
Therefore, lasmiditan has a currently accepted medical use in treatment
in the United States.
(3) Abuse of Lasmiditan may lead to limited physical dependence or
psychological dependence relative to the drugs or other substances in
Schedule IV.
As stated by HHS, based on the totality of the available scientific
data, lasmiditan may lead to physical or psychological dependence that
is low relative to substances in schedule IV and similar to that of
substances in schedule V.
Based on these findings, the Acting Administrator of DEA concludes
that lasmiditan warrants control in schedule V of the CSA. 21 U.S.C.
812(b)(5).
Requirements for Handling Lasmiditan
Lasmiditan is subject to the CSA's schedule V regulatory controls
and administrative, civil, and criminal sanctions applicable to the
manufacture, distribution, reverse distribution, dispensing, importing,
exporting, research, and conduct of instructional activities and
chemical analysis with, and possession involving, schedule V
substances, including the following:
1. Registration. Any person who handles (manufactures, distributes,
reverse distributes, dispenses, imports, exports, engages in research,
or conducts instructional activities or chemical analysis with, or
possesses)
[[Page 5561]]
lasmiditan, or who desires to handle lasmiditan, 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 or intends to handle lasmiditan, and is
not registered with the DEA, must submit an application for
registration and may not continue to handle lasmiditan, unless the DEA
has approved that application for registration, pursuant to 21 U.S.C.
822, 823, 957, and 958, and in accordance with 21 CFR parts 1301 and
1312.
2. Disposal of Stocks. Any person who does not desire, or is not
able to obtain, a schedule V registration must surrender all quantities
of currently held lasmiditan, or may transfer all quantities of
currently held lasmiditan to a person registered with the DEA in
accordance with 21 CFR part 1317, in addition to all other applicable
federal, state, local, and tribal laws.
3. Security. Lasmiditan is subject to schedule III-V security
requirements and must be handled and stored in accordance with 21 CFR
1301.71-1301.93.
4. Labeling and Packaging. All labels, labeling, and packaging for
commercial containers of lasmiditan must comply with 21 U.S.C. 825 and
958(e), and be in accordance with 21 CFR part 1302.
5. Inventory. Every DEA registrant who possesses any quantity of
lasmiditan must take an inventory of lasmiditan on hand, pursuant to 21
U.S.C. 827 and 958(e), and in accordance with 21 CFR 1304.03, 1304.04,
and 1304.11.
Any person who becomes registered with the DEA to handle lasmiditan
must take an initial inventory of all stocks of controlled substances
(including lasmiditan) on hand on the date the registrant first engages
in the handling of controlled substances, pursuant to 21 U.S.C. 827 and
958(e), and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
After the initial inventory, every DEA registrant must take a new
inventory of all stocks of controlled substances (including lasmiditan)
on hand every two years, pursuant to 21 U.S.C. 827 and 958(e), and in
accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
6. Records and Reports. Every DEA registrant must maintain records
and submit reports for lasmiditan, or products containing lasmiditan,
pursuant to 21 U.S.C. 827 and 958(e), and in accordance with 21 CFR
parts 1304, 1312, and 1317.
7. Prescriptions. All prescriptions for lasmiditan, or products
containing lasmiditan, must comply with 21 U.S.C. 829, and be issued in
accordance with 21 CFR parts 1306 and 1311, subpart C.
8. Manufacturing and Distributing. In addition to the general
requirements of the CSA and DEA regulations that are applicable to
manufacturers and distributors of schedule V controlled substances,
such registrants should be advised that (consistent with the foregoing
considerations) any manufacturing or distribution of lasmiditan may
only be for the legitimate purposes consistent with the drug's
labeling, or for research activities authorized by the Federal Food,
Drug, and Cosmetic Act and the CSA.
9. Importation and Exportation. All importation and exportation of
lasmiditan must be in compliance with 21 U.S.C. 952, 953, 957, and 958,
and in accordance with 21 CFR part 1312.
10. Liability. Any activity involving lasmiditan not authorized by,
or in violation of, the CSA or its implementing regulations, is
unlawful, and may subject the person to administrative, civil, and/or
criminal sanctions.
Regulatory Analyses
Administrative Procedure Act
Section 553 of the Administrative Procedure Act (APA) (5 U.S.C.)
generally requires notice and comment for rulemakings. However, 21
U.S.C. 811 provides that in cases where a certain new drug is (1)
approved by HHS and (2) HHS recommends control in CSA schedule II-V,
DEA shall issue an interim final rule scheduling the drug within 90
days. Additionally, the law specifies that the rulemaking shall become
immediately effective as an interim final rule without requiring DEA to
demonstrate good cause.
Executive Orders 12866, 13563, and 13771, Regulatory Planning and
Review, Improving Regulation and Regulatory Review, and Reducing
Regulation and Controlling Regulatory Costs
In accordance with 21 U.S.C. 811(a) and (j), this scheduling action
is subject to formal rulemaking procedures performed ``on the record
after opportunity for a hearing,'' which are conducted pursuant to the
provisions of 5 U.S.C. 556 and 557. The CSA sets forth the procedures
and criteria for scheduling a drug or other substance. Such actions are
exempt from review by the Office of Management and Budget (OMB)
pursuant to section 3(d)(1) of Executive Order 12866 and the principles
reaffirmed in Executive Order 13563.
This final rule is not an Executive Order 13771 regulatory action
pursuant to Executive Order 12866 and OMB guidance.\5\
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\5\ Office of Mgmt. & Budget, Exec. Office of the President,
Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 Titled ``Reducing Regulation and Controlling
Regulatory Costs'' (Feb. 2, 2017).
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Executive Order 12988, Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988 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, Federalism
This rulemaking does not have federalism implications warranting
the application of Executive Order 13132. The rule does 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.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This rule does not have tribal implications warranting the
application of Executive Order 13175. It 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.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) applies to
rules that are subject to notice and comment under section 553(b) of
the APA. Under 21 U.S.C. 811(j), DEA is not required to publish a
general notice of proposed rulemaking. Consequently, the RFA does not
apply.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., DEA has determined that this action would not
result in any Federal mandate that may result ``in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any 1 year.'' Therefore, neither a Small Government
Agency Plan nor any other action is required under UMRA of 1995.
[[Page 5562]]
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. This action would not impose recordkeeping or reporting
requirements on State or local governments, individuals, businesses, or
organizations. An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number.
Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act (CRA), 5 U.S.C. 804. 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 U.S.-based companies to compete with
foreign-based companies in domestic and export markets. However,
pursuant to the CRA, DEA has submitted a copy of this interim 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, DEA amends 21 CFR part 1308 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.
0
2. Amend Sec. 1308.15 by:
0
a. Redesignating paragraph (e)(4) as (e)(5);
0
b. Adding new paragraph (e)(4).
The addition reads as follows:
Sec. 1308.15 Schedule V.
* * * * *
(e) * * *
(4) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4- 2790
carbonyl)pyridine-2-yl-benzamide]............................
* * * * *
Dated: January 28, 2020.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2020-01957 Filed 1-30-20; 8:45 am]
BILLING CODE 4410-09-P