Schedules of Controlled Substances: Rescheduling of Marijuana, 70148-70149 [2024-19370]

Download as PDF 70148 Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules (e) TVA’s issuance of a permit does not mean that TVA has determined a facility or obstruction is safe for any purpose or that TVA has any duty to make such a determination. In issuing a permit, TVA assumes no liability to the applicant or to any third party for any damages to property or personal injuries arising out of or in any way connected with applicant’s construction, operation, or maintenance of the permitted facility. ■ 3. Amend § 1304.100 by: ■ a. Revising the seventh sentence; and ■ b. Adding a sentence after the seventh sentence. The revision and addition read as follows: § 1304.100 Scope and intent. * * * Existing floating cabins may remain moored on the Tennessee River System provided they remain in compliance with the rules in this part and obtain a section 26a permit from TVA issued after October 12, 2021. Existing floating cabins that do not apply for a permit by the deadline in this part or do not remain in compliance with the rules in this part are subject to the removal provisions of this part and section 9b of the TVA Act.* * * ■ 4. Amend § 1304.101 by: ■ a. Revising paragraph (c); ■ b. Revising paragraph (h)(2) introductory text; ■ c. Revising paragraph (h)(3); and ■ d. Revising paragraph (i)(3). The revisions read as follows: § 1304.101 Floating cabins lotter on DSK11XQN23PROD with PROPOSALS1 * * * * * (c) All floating cabins shall comply with the rules contained in this part and make application for a section 26a permit by October 1, 2029. TVA may, at its sole discretion, deny an initial application for a floating cabin submitted after this date. Unpermitted structures are subject to the removal provisions of this part and Section 9b of the TVA Act. * * * * * (h) * * * (2) Any alterations to the dimensions or approved plans for an existing floating cabin (monolithic frame or attached structure) shall be deemed a structural modification and shall require prior written approval from TVA. All expansions in length, width, or height are prohibited, except under the following circumstances if approved in writing in advance by TVA. Structural modifications to attached structures are subject to § 1304.101(i). * * * * * (3) Owners must submit an application to TVA sixty (60) days in VerDate Sep<11>2014 18:36 Aug 28, 2024 Jkt 262001 advance of proposed rebuilding of an entire or significant portion of a floating cabin (monolithic frame or attached structures). The owner shall not begin construction until prior written acknowledgment from TVA is received. Plans for removal of the existing floating cabin or portions to be rebuilt shall be acknowledged in writing by TVA before removal occurs, and the removal shall be at the owner’s expense before construction of the rebuild may begin. The owner shall provide evidence of approval from the marina operator to rebuild within the approved harbor limits of a commercial marina. TVA may require a new permit for the proposed rebuilding. Construction of the rebuilt floating cabin must be completed within 18 months. The rebuilt monolithic frame of the floating cabin shall match the exact configuration and dimensions (length, width, and height) of both the total monolithic frame and the enclosed and open space as approved by TVA; attached structures are subject to § 1304.101(i). The footprint of the attached structures shall not be incorporated into the footprint of the monolithic frame of the floating cabin. * * * * * (i) * * * (3) Attached structures shall not exceed 14 feet in height from the lowest floor level, shall not be enclosed, shall not be connected to the monolithic frame by a single roofline, and shall comply with § 1304.204(p). * * * * * ■ 5. Amend § 1304.103 by: ■ a. Revising paragraph (a); ■ b. Revising paragraph (d); and ■ c. Removing paragraph (e). The revisions read as follows: § 1304.103 Health, safety, and environmental standards (a) Wastewater. Floating cabins shall comply with § 1304.2(d) with regard to discharges into navigable waters of the United States. All discharges, sewage, and wastewater, and the pumping, collection, storage, transport, and treatment of sewage and wastewater shall be managed in accordance with all applicable federal, state, and local laws and regulations (satisfactory evidence of compliance to be provided to TVA upon request). Upon receipt of documentation that a floating cabin is in violation of any federal, state, or local discharge or water quality regulation by the respective regulatory agency or upon failure to provide satisfactory evidence of compliance at TVA’s request, TVA is authorized to revoke the permit and require removal of the floating cabin from the Tennessee River System if the PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 violation is not corrected as specified by the regulatory agency in accordance with the agency’s requirements or if satisfactory evidence of compliance is not provided to TVA. * * * * * (d) Electrical. Floating cabins shall comply with all applicable federal, state, and local laws and regulations regarding electrical wiring and equipment (satisfactory evidence of compliance to be provided to TVA upon request). Upon receipt of documentation that a floating cabin is in violation of any federal, state, or local electrical standard or regulation by the respective regulatory agency or upon failure to provide satisfactory evidence of compliance at TVA’s request, TVA is authorized to revoke the permit and require removal of the floating cabin from the Tennessee River System if the violation is not corrected as specified by the regulatory agency in accordance with the agency’s requirements or if satisfactory evidence of compliance is not provided to TVA. Floating cabins shall comply with § 1304.209(c)(2). Michael McCall, Vice President, Environment and Sustainability. [FR Doc. 2024–19373 Filed 8–28–24; 8:45 am] BILLING CODE 8120–08–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1301 [Docket No. DEA–1362] RIN 1117–AB77 Schedules of Controlled Substances: Rescheduling of Marijuana Drug Enforcement Administration, Department of Justice. ACTION: Notice of hearing on proposed rulemaking. AGENCY: This is notice that the Drug Enforcement Administration will hold a hearing with respect to the proposed rescheduling of marijuana into schedule III of the Controlled Substances Act. The proposed rescheduling of marijuana was initially proposed in a Notice of Proposed Rulemaking published in the Federal Register on May 21, 2024. DATES: Interested persons desiring to participate in this hearing must provide written notice of desired participation as set out below, on or before September 30, 2024. The hearing will commence on December 2, 2024, at 9 a.m. ET at 700 SUMMARY: E:\FR\FM\29AUP1.SGM 29AUP1 Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules Army Navy Drive, Arlington, VA 22202. The hearing may be moved to a different place and may be continued from day to day or recessed to a later date without notice other than announcement thereof by the presiding officer at the hearing. 21 CFR 1316.53. ADDRESSES: To ensure proper handling of notification, please reference ‘‘Docket No. DEA–1362’’ on all correspondence. • Electronic notification should be sent to nprm@dea.gov. • Paper notification sent via regular or express mail should be sent to Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Drug and Chemical Evaluation Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 362–3249. Email: nprm@dea.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with PROPOSALS1 Background On May 21, 2024, the Department of Justice published a notice of proposed rulemaking (NPRM) to transfer marijuana from schedule I of the Controlled Substances Act (CSA) to schedule III of the CSA, consistent with the view of the Department of Health and Human Services (HHS) that marijuana has a currently accepted medical use, has a potential for abuse less than the drugs or other substances in schedules I and II, and that its abuse may lead to moderate or low physical dependence or high psychological dependence.1 The CSA requires that such actions be made through formal rulemaking on the record after opportunity for a hearing. 21 U.S.C. 811(a). The NPRM stated that if the transfer to schedule III is finalized, the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations. If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA. Any drugs containing a substance within the CSA’s definition of ‘‘marijuana’’ would also remain subject to the applicable prohibition in the 1 Schedules of Controlled Substances: Rescheduling of Marijuana, 89 FR 44597 (May 21, 2024). VerDate Sep<11>2014 18:36 Aug 28, 2024 Jkt 262001 Federal Food, Drug, and Cosmetic Act (FDCA). The NPRM invited interested parties to submit requests for hearing on or before June 20, 2024. DEA received numerous requests for a hearing in response to the NPRM. Upon review of the requests for a hearing, I am authorizing a hearing to be conducted in accordance with the Administrative Procedure Act (5 U.S.C. 551–559), the CSA (21 U.S.C. 811, et seq.) and the DEA regulations. Hearing Notification Pursuant to 21 U.S.C. 811(a) and 21 CFR 1308.41, DEA will convene a hearing on the NPRM. The hearing will commence on December 2, 2024, at 9 a.m. ET at the DEA Hearing Facility, 700 Army Navy Drive, Arlington, VA 22202. The hearing will be conducted pursuant to the provisions of 5 U.S.C. 556 and 557, and 21 CFR 1308.41–1308.45, and 1316.41–1316.68. DEA is committed to conducting a transparent proceeding. Regarding the methods of public access, DEA will provide updates on the DEA website, https://www.dea.gov. In accordance with 21 U.S.C. 811 and 812, the purpose of the hearing is to ‘‘receiv[e] factual evidence and expert opinion regarding’’ whether marijuana should be transferred to schedule III of the list of controlled substances. 21 CFR 1308.42. Every interested person (defined in 21 CFR 1300.01(b) as ‘‘any person adversely affected or aggrieved by any rule or proposed rule issuable’’ under 21 U.S.C. 811), who wishes to participate in the hearing shall file a written notice of intention to participate for review by the Agency. Electronic filing may be made as a PDF attachment via email to the Drug Enforcement Administration, Attn: Administrator at nprm@dea.gov, on or before 11:59 p.m. Eastern Time on September 30, 2024. If filing by mail, written notice must be filed with the Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, VA 22152, and must be postmarked on or before September 30, 2024. Paper requests that duplicate electronic submissions are not necessary and are discouraged. Each notice of intention to participate must conform to 21 CFR 1308.44(b) and in the form prescribed in 21 CFR 1316.48. Among those requirements, such requests must: (1) State with particularity the interest of the person in the proceeding; (2) State with particularity the objections or issues concerning which the person desires to be heard; and PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 70149 (3) State briefly the position of the person regarding the objections or issues. Any person who has previously filed a request for hearing or to participate in a hearing need not file another request; the request for hearing is deemed to be a notice of appearance under 21 CFR 1308.44(b). After the deadline to request to participate in the hearing, I will assess the notices submitted and make a determination of participants. Following that assessment, I will designate a presiding officer to preside over the hearing. The presiding officer’s functions shall commence upon designation, as provided in 21 CFR 1316.52. The presiding officer will have all powers necessary to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. Id. The presiding officer’s authorities include the power to hold conferences to simplify or determine the issues in the hearing or to consider other matters that may aid in the expeditious disposition of the hearing; require parties to state their position in writing; sign and issue subpoenas to compel the production of documents and materials to the extent necessary to conduct the hearing; examine witnesses and direct witnesses to testify; receive, rule on, exclude, or limit evidence; rule on procedural items; and take any action permitted by the presiding officer under DEA’s hearing procedures and the APA. Id. Comments on or objections to the proposed rule submitted under 21 CFR 1308.43(g) will be offered as evidence at the hearing, but the presiding officer shall admit only evidence that is competent, relevant, material, and not unduly repetitive. 21 CFR 1316.59(a). Anne Milgram, Administrator. [FR Doc. 2024–19370 Filed 8–26–24; 4:45 pm] BILLING CODE 4410–09–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB–2024–0004; Notice No. 233] RIN 1513–AC98 Proposed Establishment of the Rancho Guejito Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. AGENCY: E:\FR\FM\29AUP1.SGM 29AUP1

Agencies

[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Proposed Rules]
[Pages 70148-70149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19370]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1301

[Docket No. DEA-1362]
RIN 1117-AB77


Schedules of Controlled Substances: Rescheduling of Marijuana

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of hearing on proposed rulemaking.

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

SUMMARY: This is notice that the Drug Enforcement Administration will 
hold a hearing with respect to the proposed rescheduling of marijuana 
into schedule III of the Controlled Substances Act. The proposed 
rescheduling of marijuana was initially proposed in a Notice of 
Proposed Rulemaking published in the Federal Register on May 21, 2024.

DATES: Interested persons desiring to participate in this hearing must 
provide written notice of desired participation as set out below, on or 
before September 30, 2024.
    The hearing will commence on December 2, 2024, at 9 a.m. ET at 700

[[Page 70149]]

Army Navy Drive, Arlington, VA 22202. The hearing may be moved to a 
different place and may be continued from day to day or recessed to a 
later date without notice other than announcement thereof by the 
presiding officer at the hearing. 21 CFR 1316.53.

ADDRESSES: To ensure proper handling of notification, please reference 
``Docket No. DEA-1362'' on all correspondence.
     Electronic notification should be sent to [email protected].
     Paper notification sent via regular or express mail should 
be sent to Drug Enforcement Administration, Attn: Administrator, 8701 
Morrissette Drive, Springfield, Virginia 22152.

FOR FURTHER INFORMATION CONTACT: Drug and Chemical Evaluation Section, 
Diversion Control Division, Drug Enforcement Administration; Telephone: 
(571) 362-3249. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2024, the Department of Justice published a notice of 
proposed rulemaking (NPRM) to transfer marijuana from schedule I of the 
Controlled Substances Act (CSA) to schedule III of the CSA, consistent 
with the view of the Department of Health and Human Services (HHS) that 
marijuana has a currently accepted medical use, has a potential for 
abuse less than the drugs or other substances in schedules I and II, 
and that its abuse may lead to moderate or low physical dependence or 
high psychological dependence.\1\ The CSA requires that such actions be 
made through formal rulemaking on the record after opportunity for a 
hearing. 21 U.S.C. 811(a).
---------------------------------------------------------------------------

    \1\ Schedules of Controlled Substances: Rescheduling of 
Marijuana, 89 FR 44597 (May 21, 2024).
---------------------------------------------------------------------------

    The NPRM stated that if the transfer to schedule III is finalized, 
the regulatory controls applicable to schedule III controlled 
substances would apply, as appropriate, along with existing marijuana-
specific requirements and any additional controls that might be 
implemented, including those that might be implemented to meet U.S. 
treaty obligations. If marijuana is transferred into schedule III, the 
manufacture, distribution, dispensing, and possession of marijuana 
would remain subject to the applicable criminal prohibitions of the 
CSA. Any drugs containing a substance within the CSA's definition of 
``marijuana'' would also remain subject to the applicable prohibition 
in the Federal Food, Drug, and Cosmetic Act (FDCA).
    The NPRM invited interested parties to submit requests for hearing 
on or before June 20, 2024. DEA received numerous requests for a 
hearing in response to the NPRM.
    Upon review of the requests for a hearing, I am authorizing a 
hearing to be conducted in accordance with the Administrative Procedure 
Act (5 U.S.C. 551-559), the CSA (21 U.S.C. 811, et seq.) and the DEA 
regulations.

Hearing Notification

    Pursuant to 21 U.S.C. 811(a) and 21 CFR 1308.41, DEA will convene a 
hearing on the NPRM. The hearing will commence on December 2, 2024, at 
9 a.m. ET at the DEA Hearing Facility, 700 Army Navy Drive, Arlington, 
VA 22202. The hearing will be conducted pursuant to the provisions of 5 
U.S.C. 556 and 557, and 21 CFR 1308.41-1308.45, and 1316.41-1316.68. 
DEA is committed to conducting a transparent proceeding. Regarding the 
methods of public access, DEA will provide updates on the DEA website, 
https://www.dea.gov.
    In accordance with 21 U.S.C. 811 and 812, the purpose of the 
hearing is to ``receiv[e] factual evidence and expert opinion 
regarding'' whether marijuana should be transferred to schedule III of 
the list of controlled substances. 21 CFR 1308.42.
    Every interested person (defined in 21 CFR 1300.01(b) as ``any 
person adversely affected or aggrieved by any rule or proposed rule 
issuable'' under 21 U.S.C. 811), who wishes to participate in the 
hearing shall file a written notice of intention to participate for 
review by the Agency. Electronic filing may be made as a PDF attachment 
via email to the Drug Enforcement Administration, Attn: Administrator 
at [email protected], on or before 11:59 p.m. Eastern Time on September 30, 
2024. If filing by mail, written notice must be filed with the Drug 
Enforcement Administration, Attn: Administrator, 8701 Morrissette 
Drive, Springfield, VA 22152, and must be postmarked on or before 
September 30, 2024. Paper requests that duplicate electronic 
submissions are not necessary and are discouraged.
    Each notice of intention to participate must conform to 21 CFR 
1308.44(b) and in the form prescribed in 21 CFR 1316.48. Among those 
requirements, such requests must:
    (1) State with particularity the interest of the person in the 
proceeding;
    (2) State with particularity the objections or issues concerning 
which the person desires to be heard; and
    (3) State briefly the position of the person regarding the 
objections or issues.
    Any person who has previously filed a request for hearing or to 
participate in a hearing need not file another request; the request for 
hearing is deemed to be a notice of appearance under 21 CFR 1308.44(b).
    After the deadline to request to participate in the hearing, I will 
assess the notices submitted and make a determination of participants. 
Following that assessment, I will designate a presiding officer to 
preside over the hearing. The presiding officer's functions shall 
commence upon designation, as provided in 21 CFR 1316.52. The presiding 
officer will have all powers necessary to conduct a fair hearing, to 
take all necessary action to avoid delay, and to maintain order. Id. 
The presiding officer's authorities include the power to hold 
conferences to simplify or determine the issues in the hearing or to 
consider other matters that may aid in the expeditious disposition of 
the hearing; require parties to state their position in writing; sign 
and issue subpoenas to compel the production of documents and materials 
to the extent necessary to conduct the hearing; examine witnesses and 
direct witnesses to testify; receive, rule on, exclude, or limit 
evidence; rule on procedural items; and take any action permitted by 
the presiding officer under DEA's hearing procedures and the APA. Id.
    Comments on or objections to the proposed rule submitted under 21 
CFR 1308.43(g) will be offered as evidence at the hearing, but the 
presiding officer shall admit only evidence that is competent, 
relevant, material, and not unduly repetitive. 21 CFR 1316.59(a).

Anne Milgram,
Administrator.
[FR Doc. 2024-19370 Filed 8-26-24; 4:45 pm]
BILLING CODE 4410-09-P

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