12938 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Rules and Regulations

14 CFR part or section identified and described Current OMB control number

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Part 121 ...... 2120–0008, 2120–0028, 2120–0535, 2120–0571, 2120–0600, 2120– 0606, 2120–0614, 2120–0616, 2120–0631, 2120–0651, 2120–0653, 2120–0691, 2120–0702, 2120–0739

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Issued in Washington, DC, under the administrative, civil, and criminal Section 201 of the CSA, 21 U.S.C. 811, authority provided by 49 U.S.C. 106(f) and sanctions applicable to schedule I provides the Attorney General with the 44701(a) on February 28, 2014. controlled substances will be imposed authority to temporarily place a Lirio Liu, on persons who handle (manufacture, substance into schedule I of the CSA for Director, Office of Rulemaking. distribute, import, export, engage in two years without regard to the [FR Doc. 2014–04902 Filed 3–6–14; 8:45 am] research, conduct instructional requirements of 21 U.S.C. 811(b) if he BILLING CODE 4910–13–P activities, and possess), or propose to finds that such action is necessary to handle these synthetic . avoid an imminent hazard to the public DATES: This final order is effective safety. 21 U.S.C. 811(h). In addition, if DEPARTMENT OF JUSTICE March 7, 2014. proceedings to control a substance are FOR FURTHER INFORMATION CONTACT: initiated under 21 U.S.C. 811(a)(1), the Drug Enforcement Administration Ruth A. Carter, Office of Diversion Attorney General may extend the Control, Drug Enforcement temporary scheduling for up to one 21 CFR Part 1308 Administration; Mailing Address: 8701 year. 21 U.S.C. 811(h)(2). Where the necessary findings are [Docket No. DEA–386] Morrissette Drive, Springfield, Virginia 22152, Telephone (202) 598–6812. made, a substance may be temporarily scheduled if it is not listed in any other Schedules of Controlled Substances: SUPPLEMENTARY INFORMATION: schedule under section 202 of the CSA, Temporary Placement of 10 Synthetic Legal Authority 21 U.S.C. 812, or if there is no Cathinones Into Schedule I The DEA implements and enforces exemption or approval in effect for the AGENCY: Drug Enforcement titles II and III of the Comprehensive substance under section 505 of the Administration, Department of Justice. Drug Abuse Prevention and Control Act Federal Food, Drug, and Cosmetic Act ACTION: Final order. of 1970, as amended. Titles II and III are (FDCA), 21 U.S.C. 355. 21 U.S.C. referred to as the ‘‘Controlled 811(h)(1); 21 CFR part 1308. The SUMMARY: The Deputy Administrator of Substances Act’’ and the ‘‘Controlled Attorney General has delegated his the Drug Enforcement Administration Substances Import and Export Act,’’ authority under 21 U.S.C. 811 to the (DEA) is issuing this final order to respectively, and are collectively Administrator of the DEA, who in turn temporarily schedule 10 synthetic referred to as the ‘‘Controlled has delegated her authority to the cathinones into schedule I pursuant to Substances Act’’ or the ‘‘CSA’’ for the Deputy Administrator of the DEA. 28 the temporary scheduling provisions of purpose of this action. 21 U.S.C. 801– CFR 0.100, Appendix to Subpart R of the Controlled Substances Act (CSA). 971. The DEA publishes the Part 0, Sec. 12. The 10 substances are: 4-methyl-N- implementing regulations for these Background ethylcathinone (‘‘4-MEC’’); 4-methyl- statutes in title 21 of the Code of Federal Section 201(h)(4) of the CSA (21 alpha-pyrrolidinopropiophenone (‘‘4- Regulations (CFR), parts 1300 to 1321. U.S.C. 811(h)(4)) requires the Deputy MePPP’’); alpha- The CSA and its implementing Administrator to notify the Secretary of pyrrolidinopentiophenone (‘‘a-PVP’’); 1- regulations are designed to prevent, the Department of Health and Human (1,3-benzodioxol-5-yl)-2- detect, and eliminate the diversion of Services (HHS) of his intention to (methylamino)butan-1-one (‘‘’’); controlled substances and listed temporarily place a substance into 2-(methylamino)-1-phenylpentan-1-one chemicals into the illicit market while schedule I of the CSA.1 The Deputy (‘‘pentedrone’’); 1-(1,3-benzodioxol-5- providing for the legitimate medical, Administrator transmitted notice of his yl)-2-(methylamino)pentan-1-one scientific, research, and industrial needs intent to place 4-MEC, 4-MePPP, a-PVP, (‘‘’’); 4-fluoro-N- of the United States. Controlled butylone, pentedrone, pentylone, 4- methylcathinone (‘‘4–FMC’’); 3-fluoro- substances have the potential for abuse FMC, 3-FMC, , and a-PBP N-methylcathinone (‘‘3–FMC’’); 1- and dependence and are controlled to into schedule I on a temporary basis to (naphthalen-2-yl)-2-(pyrrolidin-1- protect the public health and safety. yl)pentan-1-one (‘‘naphyrone’’); and Under the CSA, controlled substances 1 Because the Secretary of the HHS has delegated alpha-pyrrolidinobutiophenone (‘‘a- are classified into one of five schedules to the Assistant Secretary for Health of the HHS the PBP’’). This action is based on a finding based upon their potential for abuse, authority to make domestic drug scheduling by the Deputy Administrator that the their currently accepted medical use, recommendations, for purposes of this Final Order, placement of these synthetic cathinones and the degree of dependence the all subsequent references to ‘‘Secretary’’ have been replaced with ‘‘Assistant Secretary.’’ As set forth in and their optical, positional, and substance may cause. 21 U.S.C. 812. The a memorandum of understanding entered into by geometric isomers, salts and salts of initial schedules of controlled HHS, the Food and Drug Administration (FDA), and isomers into schedule I of the CSA is substances established by Congress are the National Institute on Drug Abuse (NIDA), FDA acts as the lead agency within HHS in carrying out necessary to avoid an imminent hazard found at 21 U.S.C. 812(c), and the the Assistant Secretary’s scheduling responsibilities to the public safety. As a result of this current list of all scheduled substances under the CSA, with the concurrence of NIDA. 50 order, the regulatory controls and is published at 21 CFR part 1308. FR 9518, Mar. 8, 1985.

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the Assistant Secretary by letter dated use in treatment in the United States, cleaner,’’ ‘‘stain remover,’’ ‘‘plant food November 7, 2013. The Assistant and a lack of accepted safety for use or fertilizer,’’ ‘‘insect repellants,’’ or Secretary responded to this notice by under medical supervision. ‘‘.’’ These products are sold at letter dated December 4, 2013, and smoke shops, head shops, convenience Synthetic Cathinones advised that based on review by the stores, adult book stores, and gas FDA, there are currently no Synthetic cathinones are b-keto- stations and can also be purchased on investigational new drug applications or derivatives of the larger the Internet. These substances are approved new drug applications for 4- phenethylamine structural class commonly encountered in the form of MEC, 4-MePPP, a-PVP, butylone, (, cathinones, powders, crystals, resins, tablets, and pentedrone, pentylone, 4-FMC, 3-FMC, compounds, aminoindanes, etc.). capsules. naphyrone, or a-PBP. The Assistant Synthetic cathinones share a core From January 2010 through December Secretary also stated that the HHS has phenethylamine structure with 2013, according to the System to no objection to the temporary placement substitutions at the b-position, a- Retrieve Information from Drug of 4-MEC, 4-MePPP, a-PVP, butylone, position, phenyl ring, or nitrogen atom. Evidence 2 (STRIDE) data, there are 377 pentedrone, pentylone, 4-FMC, 3-FMC, The addition of a beta-keto (b-keto) exhibits for 4-MEC; 125 exhibits for 4- naphyrone, and a-PBP into schedule I of substituent (i.e., carbonyl (C=O)) to the MePPP; 689 exhibits for a-PVP; 75 the CSA. phenethylamine core structure along exhibits for butylone; 304 exhibits for The DEA has taken into consideration with substitutions on the alpha (a) pentedrone; 121 exhibits for pentylone; the Assistant Secretary’s comments as carbon (C) atom or the nitrogen (N) atom 37 exhibits for FMC 3; 24 exhibits for required by 21 U.S.C. 811(h)(4). As 4- produce a variety of substances called naphyrone; and 37 exhibits for a-PBP. MEC, 4-MePPP, a-PVP, butylone, cathinones or synthetic cathinones. From January 2010 through December pentedrone, pentylone, 4-FMC, 3-FMC, Many synthetic cathinones produce 2013, the National Forensic Laboratory naphyrone, and a-PBP are not currently pharmacological effects substantially Information System 4 (NFLIS) registered listed in any schedule under the CSA, similar to the schedule I substances 9,113 reports containing these synthetic and as no exemptions or approvals are , , and 3,4- cathinones (4-MEC—1,952 reports; 4- in effect for 4-MEC, 4-MePPP, a-PVP, methylenedioxymethamphetamine MePPP—289 reports; a-PVP—4,536 butylone, pentedrone, pentylone, 4- (MDMA) and schedule II reports; butylone—495 reports; FMC, 3-FMC, naphyrone, and a-PBP , , and pentedrone—1,167 reports; pentylone— under section 505 of the FDCA, 21 . 4-MEC, 4-MePPP, a-PVP, 238 reports; FMC 5—292 reports; U.S.C. 355, the conditions of 21 U.S.C. butylone, pentedrone, pentylone, 4- naphyrone—44 reports; a-PBP—100 811(h)(1) have been satisfied. As FMC, 3-FMC, naphyrone, and a-PBP are reports) across 42 States. required by 21 U.S.C. 811(h)(1)(A), a synthetic cathinones and are notice of intent to temporarily schedule structurally and pharmacologically Factor 4. History and Current Pattern of these 10 synthetic cathinones was similar to amphetamine, MDMA, Abuse published in the Federal Register on cathinone, and other related substances. 4-MEC, 4-MePPP, a-PVP, butylone, January 28, 2014. 79 FR 4429. Accordingly, these synthetic cathinone pentedrone, pentylone, 4-FMC, 3-FMC, To find that placing a substance substances share substantial similarities naphyrone, and a-PBP are synthetic temporarily into schedule I of the CSA with schedule I and schedule II cathinones that emerged on the United is necessary to avoid an imminent substances with respect to desired and States’ illicit drug market around the hazard to the public safety, the Deputy adverse effects. In general, desired time of the temporary scheduling of Administrator is required to consider effects reported by abusers of synthetic , MDPV, and on three of the eight factors set forth in cathinone substances include euphoria, October 21, 2011. 76 FR 65371. section 201(c) of the CSA, 21 U.S.C. sense of well-being, increased Mephedrone and MDPV were 811(c): The substance’s history and sociability, energy, empathy, increased permanently placed in schedule I on current pattern of abuse; the scope, alertness, and improved concentration July 9, 2012, by the Food and Drug duration, and significance of abuse; and and focus. Abusers also report Administration Safety and Innovation what, if any, risk there is to the public experiencing unwanted effects such as Act (Pub. L. 112–144), and methylone health. 21 U.S.C. 811(h)(3). tremor, vomiting, agitation, sweating, was permanently placed in schedule I Consideration of these factors includes fever, and chest pain. Other adverse or by the DEA on April 12, 2013 (78 FR actual abuse, diversion from legitimate toxic effects that have been reported 21818). These synthetic cathinone channels, and clandestine importation, with the abuse of synthetic cathinones substances, like the schedule I synthetic manufacture, or distribution. 21 U.S.C. include tachycardia, hypertension, cathinones (mephedrone, methylone, 811(h)(3). hyperthermia, mydriasis, and MDPV), are promoted as being a A substance meeting the statutory rhabdomyolysis, hyponatremia, ‘‘legal’’ alternative to cocaine, requirements for temporary scheduling seizures, altered mental status methamphetamine, and MDMA. may only be placed in schedule I. 21 (paranoia, hallucinations, delusions), Products that contain 4-MEC, 4-MePPP, U.S.C. 811(h)(1). Substances in schedule and even death. These synthetic I are those that have a high potential for cathinone substances have no known 2 STRIDE is a database of drug exhibits sent to the abuse, no currently accepted medical medical use in the United States but DEA laboratories for analysis. Exhibits from the use in treatment in the United States, evidence demonstrates that these database are from the DEA, other Federal agencies, and a lack of accepted safety for use substances are being abused by and some local law enforcement agencies. STRIDE data was queried on 2/5/2014 by date submitted to under medical supervision. 21 U.S.C. individuals. There have been Federal forensic laboratories. 812(b)(1). Available data and documented reports of emergency room 3 FMC refers to both 3-FMC and 4-FMC. information for 4-MEC, 4-MePPP, a- admissions and deaths associated with 4 NFLIS is a national drug forensic laboratory PVP, butylone, pentedrone, pentylone, the abuse of synthetic cathinone reporting system that systematically collects results 4-FMC, 3-FMC, naphyrone, and a-PBP substances. from drug chemistry analyses conducted by State and local forensic laboratories across the country. indicate that these 10 synthetic Products that contain synthetic NFLIS State and local forensic drug reports were cathinones have a high potential for cathinones have been falsely marketed queried on 2/6/2014. abuse, no currently accepted medical as ‘‘research chemicals,’’ ‘‘jewelry 5 FMC refers to both 3-FMC and 4-FMC.

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a-PVP, butylone, pentedrone, high school) used synthetic cathinone encounters; a-PVP—40 encounters; pentylone, 4-FMC, 3-FMC, naphyrone, substances in 2012. Similarly, the use of butylone—21 encounters; pentedrone— and a-PBP are falsely marketed as synthetic cathinone substances among 18 encounters; pentylone—10 ‘‘research chemicals,’’ ‘‘jewelry 8th, 10th, and 12th grade students, and encounters; FMC 9—13 encounters; cleaner,’’ ‘‘stain remover,’’ ‘‘plant food young adults (non-college peers aged 19 naphyrone—3 encounters; a-PBP—11 or fertilizer,’’ ‘‘insect repellants,’’ or to 28-years-old) was 0.8%, 0.6%, 1.3%, encounters), thus indicating the appeal ‘‘bath salts.’’ They are sold at smoke and 0.8%, respectively. of these substances. Most of the shops, head shops, convenience stores, shipments of these synthetic cathinones adult book stores, and gas stations, and Factor 5. Scope, Duration and originated overseas and were destined can also be purchased on the Internet Significance of Abuse for delivery throughout the United under a variety of product names (e.g., 4-MEC, 4-MePPP, a-PVP, butylone, States to States including Arizona, ‘‘White Dove,’’ ‘‘Explosion,’’ and pentedrone, pentylone, 4-FMC, 3-FMC, Arkansas, California, Colorado, Florida, ‘‘Tranquility’’). They are commonly naphyrone, and a-PBP, like the Hawaii, Idaho, Illinois, Michigan, encountered in the form of powders, schedule I cathinones mephedrone, Missouri, Nebraska, Nevada, New crystals, resins, tablets, and capsules. methylone, and MDPV, are popular Jersey, New Mexico, Oklahoma, Oregon, The packages of these commercial recreational drugs. Evidence that these Texas, Virginia, Washington, and products usually contain the warning synthetic cathinone substances are Wyoming. ‘‘not for human consumption.’’ being abused is indicated by law Concerns over the abuse of these Information from published scientific enforcement encounters of these synthetic cathinone substances have studies indicates that the most common substances. Forensic laboratories have prompted many States to regulate them. routes of administration for synthetic analyzed drug exhibits received from As of June 24, 2013, more than half of cathinone substances is ingestion by State, local, and Federal law the States in the United States have swallowing capsules or tablets or nasal enforcement agencies and confirmed the emergency scheduled or enacted insufflation by snorting the powder. presence of 4-MEC, 4-MePPP, a-PVP, legislation placing regulatory controls Other methods of intake include butylone, pentedrone, pentylone, 4- on some or many of the 10 synthetic intravenous or intramuscular injection, FMC, 3-FMC, naphyrone, or a-PBP in cathinones that are the subject of this rectal administration, and swallowing these exhibits. final order. In addition, due to the use via ingestion by ‘‘bombing’’ (wrapping a STRIDE registered 1,789 drug exhibits of synthetic cathinones by service dose of powder in paper). pertaining to the trafficking, distribution members, the United States Armed There is evidence that these synthetic and abuse of 4-MEC, 4-MePPP, a-PVP, Forces has prohibited the use of cathinone substances are abused alone butylone, pentedrone, pentylone, 4- synthetic cathinones for intoxication or ingested with other substances FMC, 3-FMC, naphyrone, and a-PBP purposes. including other synthetic cathinones, from January 2010 to December 2013.7 pharmaceutical agents, or other Factor 6. What, If Any, Risk There Is Specifically, in 2010, STRIDE contains to the Public Health recreational substances. Substances four reports related to 4-MEC and none found in combination with 4-MEC, 4- for the other nine substances. However, Available evidence on the overall MePPP, a-PVP, butylone, pentedrone, in 2011, there were 216 reports related public health risks associated with the pentylone, 4-FMC, or naphyrone are: to these 10 substances, and in 2012, use of synthetic cathinones indicates a Other synthetic cathinones (e.g., there were 1,314 reports. In 2013, there that 4-MEC, 4-MePPP, -PVP, butylone, methylone and MDPV), common cutting were 255 reports. pentedrone, pentylone, 4-FMC, 3-FMC, agents (e.g., lidocaine, , NFLIS registered over 9,000 reports naphyrone, and a-PBP can cause acute lignocaine, , etc.), or other from State and local forensic health problems leading to emergency recreational substances (e.g., cocaine, laboratories identifying these substances department admissions, violent methamphetamine, and amphetamine). in drug-related exhibits for the period behaviors causing harm to self or others, or death. For example, individuals have Evidence from poison centers and from January 2010 to December 2013, presented at emergency departments published reports suggest that the across 42 States. Specifically, in 2010, following exposure to some of these primary users of synthetic cathinones NFLIS registered 13 reports from 5 are youths and young adults. Synthetic synthetic cathinone substances or States containing many of these cathinone exposures reported to the products containing them. In addition, synthetic cathinone substances.8 In Texas Poison Center Network during products containing these synthetic 2011, there were 800 reports from 32 2010 and 2011 involved mostly cathinone substances often do not bear States related to these substances adolescents (12 to 19-years-old) and labeling information regarding their registered in NFLIS, in 2012 there were young adults (mean age was 30-years- ingredients and, if they do, they may not 5,519 reports from 41 States, and in old). A survey of college students list the active synthetic ingredients or 2013 there were 2,781 reports from 42 reported that the lifetime use (used at identify the health risks and potential States. least once) of synthetic cathinones hazards associated with these products. Additionally, large seizures of these among college students (at a large Acute effects of these substances are substances have occurred by the United Southeastern United States university) those typical of sympathomimetic States Customs and Border Protection is 25 out of 2,349 students surveyed. A agents (e.g., cocaine, methamphetamine, (CBP). At selected United States ports of national survey on drug use by the and amphetamine) and include, among entry, CBP encountered several Monitoring the Future (MTF) 6 research other effects, tachycardia, headache, shipments of products from April 2010 program showed that 0.2% of full-time bruxism (teeth grinding), palpitations, to November 2013 containing these college students (one to four years past agitation, anxiety, insomnia, mydriasis, synthetic cathinone substances (4- tremor, fever or sweating, and MEC—78 encounters; 4-MePPP—8 6 MTF is a research program conducted by the hypertension. Other effects, with public University of Michigan’s Institute for Social health risk implications, that have been Research under grants from NIDA. MTF tracks drug 7 STRIDE data was queried on 2/5/2014 by date use trends among American adolescents in the 8th, submitted to Federal forensic laboratories. reported from the use of synthetic 10th, and 12th grades and high school graduates 8 NFLIS State and local forensic drug reports were into adulthood by conducting nationwide surveys. queried on 2/6/2014. 9 FMC refers to both 3-FMC and 4-FMC.

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cathinone substances include vomiting, November 7, 2013, notified the 1. Registration. Any person who palpitations, chest pain, hyperthermia, Assistant Secretary of the DEA’s handles (manufactures, distributes, rhabdomyolysis, hyponatremia, intention to temporarily place these 10 imports, exports, engages in research, seizures, and altered mental status synthetic cathinones in schedule I. conducts instructional activities with, or (paranoia, hallucinations, and possesses), or desires to handle, 4-MEC, Conclusion delusions). Finally, the possibility of 4-MePPP, a-PVP, butylone, pentedrone, death for individuals abusing 4-MEC, 4- In accordance with the provisions of pentylone, 4-FMC, 3-FMC, naphyrone, MePPP, a-PVP, butylone, pentedrone, section 201(h) of the CSA, 21 U.S.C. or a-PBP, must be registered with the pentylone, 4-FMC, 3-FMC, naphyrone, 811(h), the Deputy Administrator DEA to conduct such activities pursuant and a-PBP indicates that these considered available data and to 21 U.S.C. 822, 823, 957, and 958 and substances are serious public health information, herein set forth the in accordance with 21 CFR parts 1301 threats. Some of these synthetic grounds for his determination that it is and 1312 as of March 7, 2014. Any cathinone substances have been directly necessary to temporarily place 10 person who currently handles 4-MEC, 4- or indirectly implicated in the death of synthetic cathinones, 4-MEC, 4-MePPP, MePPP, a-PVP, butylone, pentedrone, individuals. For example, a 24-year-old a-PVP, pentedrone, pentylone, 4-FMC, pentylone, 4-FMC, 3-FMC, naphyrone, female died after ingesting two capsules 3-FMC, naphyrone, and a-PBP into or a-PBP, and is not registered with the of what she believed to be ‘‘Ecstasy’’ but schedule I of the CSA, and finds that DEA, must submit an application for was subsequently confirmed to be a placement of these synthetic cathinones registration and may not continue to mixture of methylone and butylone. The into schedule I of the CSA is warranted handle 4-MEC, 4-MePPP, a-PVP, cause of death determined by the in order to avoid an imminent hazard to butylone, pentedrone, pentylone, 4- medical examiner was serotonin the public safety. FMC, 3-FMC, naphyrone, or a-PBP as of syndrome secondary to methylone and Because the Deputy Administrator March 7, 2014, unless the DEA has butylone ingestion. A 21-year-old male hereby finds that it is necessary to approved that application for who ingested butylone for suicidal temporarily place these synthetic registration, pursuant to 21 U.S.C. 822, intentions died after he developed cathinones into schedule I to avoid an 823, 957, 958, and in accordance with seizures and suffered a cardiac and imminent hazard to the public safety, 21 CFR parts 1301 and 1312. Retail sales respiratory arrest. The cause of death the final order temporarily scheduling of schedule I controlled substances to was reported as multi-organ failure these substances will be effective on the the general public are not allowed under resulting from malignant serotonin date of publication in the Federal the CSA. syndrome. Register, and will be in effect for a 2. Security. 4-MEC, 4-MePPP, a-PVP, period of two years, with a possible butylone, pentedrone, pentylone, 4- Finding of Necessity of Schedule I extension of one additional year, FMC, 3-FMC, naphyrone, and a-PBP are Placement To Avoid Imminent Hazard pending completion of the regular subject to schedule I security to Public Safety (permanent) scheduling process. 21 requirements and must be handled and Based on the above summarized data U.S.C. 811(h)(1) and (2). stored pursuant to 21 U.S.C. 821, 823, and information, the continued The CSA sets forth specific criteria for 871(b), and in accordance with 21 CFR uncontrolled manufacture, distribution, scheduling a drug or other substance. 1301.71–1301.93, as of March 7, 2014. importation, exportation, and abuse of Regular scheduling actions in 3. Labeling and Packaging. All labels 4-MEC, 4-MePPP, a-PVP, butylone, accordance with 21 U.S.C. 811(a) are and labeling for commercial containers pentedrone, pentylone, 4-FMC, 3-FMC, subject to formal rulemaking procedures of 4-MEC, 4-MePPP, a-PVP, butylone, naphyrone, and a-PBP pose an done ‘‘on the record after opportunity pentedrone, pentylone, 4-FMC, 3-FMC, imminent hazard to the public safety. for a hearing’’ conducted pursuant to naphyrone, and a-PBP must be in The DEA is not aware of any currently the provisions of 5 U.S.C. 556 and 557. compliance with 21 U.S.C. 825, 958(e), accepted medical uses for these 21 U.S.C. 811. The regular scheduling and be in accordance with 21 CFR part synthetic cathinones in the United process of formal rulemaking affords 1302 as of March 7, 2014. Current DEA States. A substance meeting the interested parties with appropriate registrants shall have 30 calendar days statutory requirements for temporary process and the government with any from March 7, 2014, to comply with all scheduling, 21 U.S.C. 811(h)(1), may additional relevant information needed labeling and packaging requirements. only be placed in schedule I. Substances to make a determination. Final 4. Inventory. Every DEA registrant in schedule I are those that have a high decisions that conclude the regular who possesses any quantity of 4-MEC, potential for abuse, no currently scheduling process of formal 4-MePPP, a-PVP, butylone, pentedrone, accepted medical use in treatment in the rulemaking are subject to judicial pentylone, 4-FMC, 3-FMC, naphyrone, United States, and a lack of accepted review. 21 U.S.C. 877. Temporary or a-PBP on the effective date of this safety for use under medical scheduling orders are not subject to order, must take an inventory of all supervision. 21 U.S.C. 812(b). Based on judicial review. 21 U.S.C. 811(h)(6). stocks of these substances on hand as of available data and information for 4- March 7, 2014, pursuant to 21 U.S.C. MEC, 4-MePPP, a-PVP, butylone, Requirements for Handling 827, 958, and in accordance with 21 pentedrone, pentylone, 4-FMC, 3-FMC, Upon the effective date of this final CFR 1304.03, 1304.04, and 1304.11(a) naphyrone, and a-PBP, the Deputy order, 4-MEC, 4-MePPP, a-PVP, and (d). Current DEA registrants shall Administrator has made the butylone, pentedrone, pentylone, 4- have 30 calendar days from the effective determination that these 10 synthetic FMC, 3-FMC, naphyrone, and a-PBP date of this order to be in compliance cathinones have a high potential for become subject to the regulatory with all inventory requirements. abuse, no currently accepted medical controls and administrative, civil, and After the initial inventory, every DEA use in treatment in the United States, criminal sanctions applicable to the registrant must take an inventory of all and a lack of accepted safety for use manufacture, distribution, importing, controlled substances (including 4-MEC, under medical supervision. As required exporting, research, conduct of 4-MePPP, a-PVP, butylone, pentedrone, by section 201(h)(4) of the CSA, 21 instructional activities, and possession pentylone, 4-FMC, 3-FMC, naphyrone, U.S.C. 811(h)(4), the Deputy of schedule I controlled substances and a-PBP) on hand on a biennial basis, Administrator through a letter dated including the following: pursuant to 21 U.S.C. 827, 958, and in

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accordance with 21 CFR 1304.03, in the Federal Register of the intention in the public interest to schedule these 1304.04, and 1304.11. to issue such order and the grounds substances immediately because they 5. Records. All DEA registrants must upon which such order is to be issued, pose a public health risk. This maintain records with respect to 4-MEC, and (2) the date that notice of the temporary scheduling action is taken 4-MePPP, a-PVP, butylone, pentedrone, proposed temporary scheduling order is pursuant to 21 U.S.C. 811(h), which is pentylone, 4-FMC, 3-FMC, naphyrone, transmitted to the Assistant Secretary. specifically designed to enable the DEA or a-PBP pursuant to 21 U.S.C. 827, 958, 21 U.S.C. 811(h)(1). to act in an expeditious manner to avoid and in accordance with 21 CFR parts Inasmuch as section 201(h) of the an imminent hazard to the public safety 1304, 1307, and 1312 as of March 7, CSA directs that temporary scheduling from new or designer drugs or abuse of 2014. Current DEA registrants actions be issued by order and sets forth those drugs. 21 U.S.C. 811(h) exempts authorized to handle 4-MEC, 4-MePPP, the procedures by which such orders are the temporary scheduling order from a-PVP, butylone, pentedrone, to be issued, the DEA believes that the standard notice and comment pentylone, 4-FMC, 3-FMC, naphyrone, notice and comment requirements of rulemaking procedures to ensure that or a-PBP shall have 30 calendar days section 553 of the Administrative the process moves swiftly. For the same from the effective date of this order to Procedure Act (APA), 5 U.S.C. 553, do reasons that underlie 21 U.S.C. 811(h), be in compliance with all recordkeeping not apply to this temporary scheduling that is, the DEA’s need to move quickly requirements. action. In the alternative, even assuming to place these substances into schedule 6. Reports. All DEA registrants who that this action might be subject to I because they pose a threat to the manufacture or distribute 4-MEC, 4- section 553 of the APA, the Deputy public safety, it would be contrary to the MePPP, a-PVP, butylone, pentedrone, Administrator finds that there is good public interest to delay implementation pentylone, 4-FMC, 3-FMC, naphyrone, cause to forgo the notice and comment of the temporary scheduling order. or a-PBP must submit reports pursuant requirements of section 553, as any Therefore, in accordance with section to 21 U.S.C. 827 and in accordance with further delays in the process for 808(2) of the CRA, this order shall take 21 CFR 1304.33 as of March 7, 2014. issuance of temporary scheduling orders effect immediately upon its publication. 7. Order Forms. All registrants who would be impracticable and contrary to distribute 4-MEC, 4-MePPP, a-PVP, the public interest in view of the List of Subjects in 21 CFR Part 1308 butylone, pentedrone, pentylone, 4- manifest urgency to avoid an imminent Administrative practice and FMC, 3-FMC, naphyrone, or a-PBP must hazard to the public safety. Further, the procedure, Drug traffic control, comply with order form requirements DEA believes that this temporary Reporting and recordkeeping pursuant to 21 U.S.C. 828 and in scheduling action final order is not a requirements. accordance with 21 CFR part 1305 as of ‘‘rule’’ as defined by 5 U.S.C. 601(2), For the reasons set out above, 21 CFR March 7, 2014. and, accordingly, is not subject to the part 1308 is amended as follows: 8. Importation and Exportation. All requirements of the Regulatory importation and exportation of 4-MEC, Flexibility Act (RFA). The requirements PART 1308—SCHEDULES OF 4-MePPP, a-PVP, butylone, pentedrone, for the preparation of an initial CONTROLLED SUBSTANCES pentylone, 4-FMC, 3-FMC, naphyrone, regulatory flexibility analysis in 5 U.S.C. or a-PBP must be in compliance with 21 603(a) are not applicable where, as here, ■ 1. The authority citation for 21 CFR U.S.C. 952, 953, 957, 958, and in the DEA is not required by section 553 Part 1308 continues to read as follows: accordance with 21 CFR part 1312 as of of the APA or any other law to publish Authority: 21 U.S.C. 811, 812, 871(b), March 7, 2014. a general notice of proposed unless otherwise noted. 9. Quota. Only registered rulemaking. ■ 2. Amend § 1308.11 by adding new manufacturers may manufacture 4-MEC, Additionally, this action is not a paragraphs (h)(19) through (h)(28), to 4-MePPP, a-PVP, butylone, pentedrone, significant regulatory action as defined read as follows: pentylone, 4-FMC, 3-FMC, naphyrone, by Executive Order 12866 (Regulatory or a-PBP in accordance with a quota Planning and Review), section 3(f), and, § 1308.11 Schedule I. assigned pursuant to 21 U.S.C. 826 and accordingly, this action has not been * * * * * in accordance with 21 CFR part 1303. reviewed by the Office of Management (h)*** 10. Criminal Liability. Any activity and Budget (OMB). (19) 4-methyl-N-ethylcathinone, its involving 4-MEC, 4-MePPP, a-PVP, This action will not have substantial optical, positional, and geometric butylone, pentedrone, pentylone, 4- direct effects on the States, on the isomers, salts and salts of isomers— FMC, 3-FMC, naphyrone, or a-PBP not relationship between the national 1249 (Other names: 4-MEC; 2- authorized by, or in violation of the government and the States, or on the (ethylamino)-1-(4- CSA, occurring as of March 7, 2014, is distribution of power and methylphenyl)propan-1-one) unlawful, and may subject the person to responsibilities among the various (20) 4-methyl-alpha- administrative, civil, and/or criminal levels of government. Therefore, in pyrrolidinopropiophenone, its optical, sanctions. accordance with Executive Order 13132 positional, and geometric isomers, salts (Federalism) it is determined that this and salts of isomers—7498 (Other Regulatory Matters action does not have sufficient names: 4-MePPP; MePPP; 4-methyl-a- Section 201(h) of the CSA, 21 U.S.C. federalism implications to warrant the pyrrolidinopropiophenone; 1-(4- 811(h), provides for an expedited preparation of a Federalism Assessment. methylphenyl)-2-(pyrrolidin-1-yl)- temporary scheduling action where Pursuant to section 808(2) of the propan-1-one) such action is necessary to avoid an Congressional Review Act (CRA), ‘‘any (21) alpha-pyrrolidinopentiophenone, imminent hazard to the public safety. rule for which an agency for good cause its optical, positional, and geometric As provided in this subsection, the finds . . . that notice and public isomers, salts and salts of isomers— Attorney General may, by order, procedure thereon are impracticable, 7545 (Other names: a-PVP; a- schedule a substance in schedule I on a unnecessary, or contrary to the public pyrrolidinovalerophenone; 1-phenyl-2- temporary basis. Such an order may not interest, shall take effect at such time as (pyrrolidin-1-yl)pentan-1-one) be issued before the expiration of 30 the Federal agency promulgating the (22) Butylone, its optical, positional, days from (1) the publication of a notice rule determines.’’ 5 U.S.C. 808(2). It is and geometric isomers, salts and salts of

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isomers—7541 (Other names: bk-MBDB; applies the previously approved to which this final rule applies, 1-(1,3-benzodioxol-5-yl)-2- exemptions to the newly revised and therefore the reasons for the exemptions (methylamino)butan-1-one) renamed systems of records. are not repeated here. (23) Pentedrone, its optical, DATES: Effective April 7, 2014. SUPPLEMENTARY INFORMATION: Under 5 positional, and geometric isomers, salts ADDRESSES: Please submit comments to U.S.C. 552a(k)(2), the head of an agency and salts of isomers—1246 (Other Anne Jensen, Tax Law Specialist, Office may promulgate rules to exempt a names: a-methylaminovalerophenone; of Privacy, Governmental Liaison, and system of records from certain 2-(methylamino)-1-phenylpentan-1-one) Disclosure, 1111 Constitution Avenue provisions of 5 U.S.C. 552a if the system (24) Pentylone, its optical, positional, NW., Room 1621, Washington, DC is investigatory material compiled for and geometric isomers, salts and salts of 20224. Comments will be made law enforcement purposes. The IRS is isomers—7542 (Other names: bk-MBDP; available for inspection at the IRS hereby giving notice of a final rule to 1-(1,3-benzodioxol-5-yl)-2- Freedom of Information Reading Room exempt ‘‘Treasury/IRS 46.050, (methylamino)pentan-1-one) (Room 1621), at the above address. The Automated Information Analysis and (25) 4-fluoro-N-methylcathinone, its telephone number for the Reading Room Recordkeeping’’ from certain provisions optical, positional, and geometric is (202) 317–4997 (not a toll-free call). of the Privacy Act of 1974, pursuant to isomers, salts and salts of isomers— FOR FURTHER INFORMATION CONTACT: 5 U.S.C. 552a(k)(2). 1238 (Other names: 4-FMC; Anne Jensen, Tax Law Specialist, Office The exemptions pursuant to 5 U.S.C. ; 1-(4-fluorophenyl)-2- of Privacy, Governmental Liaison, and 552a(k)(2) are from the provisions (c)(3), (methylamino)propan-1-one) Disclosure, 1111 Constitution Avenue (d)(1)–(4), (e)(1), (e)(4)(G)–(I), and (f) (26) 3-fluoro-N-methylcathinone, its NW., Room 1621, Washington, DC because the system contains optical, positional, and geometric 20024. Ms. Jensen may be reached via investigatory material compiled for law isomers, salts and salts of isomers— telephone at (202) 317–4997 (not a toll- enforcement purposes. As published in 1233 (Other names: 3-FMC; 1-(3- free number). Part 1, Subpart C, of title 31 of the Code fluorophenyl)-2-(methylamino)propan- SUPPLEMENTARY INFORMATION: 5 U.S.C. of Federal Regulations, section 1.36, 1-one) 552a(j)(2): Under 5 U.S.C. 552a(j)(2), the these exemptions already apply to the (27) Naphyrone, its optical, head of any agency may promulgate records to which this final rule applies; positional, and geometric isomers, salts rules to exempt any system of records therefore the reasons for the exemptions and salts of isomers—1258 (Other within the agency from certain are not repeated here. names: naphthylpyrovalerone; 1- provisions of the Privacy Act of 1974 if As required by Executive Order (naphthalen-2-yl)-2-(pyrrolidin-1- the agency or component thereof that 12866, it has been determined that this yl)pentan-1-one) maintains the system performs as its final rule is not a significant regulatory (28) alpha-pyrrolidinobutiophenone, principal function any activities action, and therefore, does not require a its optical, positional, and geometric pertaining to the enforcement of regulatory impact analysis. isomers, salts and salts of isomers— criminal laws. Certain components of The regulation will not have a 7546 (Other names: a-PBP; 1-phenyl-2- the Department of the Treasury have as substantial direct effect on the States, on (pyrrolidin-1-yl)butan-1-one) their principal function activities the relationship between the Federal Dated: February 28, 2014. pertaining to the enforcement of Government and the States, or on the Thomas M. Harrigan, criminal laws. The IRS is hereby giving distribution of power and Deputy Administrator. notice of a final rule to exempt responsibilities among the various ‘‘Treasury/IRS 46.002, Management levels of government. Therefore, it is [FR Doc. 2014–04997 Filed 3–6–14; 8:45 am] determined that this final rule does not BILLING CODE 4410–09–P Information System and Case Files, Criminal Investigation’’; ‘‘Treasury/IRS have federalism implications under 46.003, Confidential Informant Records, Executive Order 13132. Pursuant to the requirements of the DEPARTMENT OF THE TREASURY Criminal Investigation’’; ‘‘Treasury/IRS 46.005, Electronic Surveillance and Regulatory Flexibility Act, 5 U.S.C. 601– 612, it is hereby certified that these Office of the Secretary Monitoring Records, Criminal Investigation’’; ‘‘Treasury/IRS 46.015, regulations will not significantly affect a substantial number of small entities. 31 CFR Part 1 Relocated Witness Records, Criminal Investigation’’; and ‘‘Treasury/IRS The final rule imposes no duties or RIN 1545–AC47 46.050, Automated Information obligations on small entities. In accordance with the provisions of Privacy Act, Implementation Analysis and Recordkeeping, Criminal Investigation,’’ from certain provisions the Paperwork Reduction Act, the Department of the Treasury has AGENCY: Internal Revenue Service, of the Privacy Act of 1974, pursuant to Treasury. 5 U.S.C. 552a(j)(2) to the extent these determined that the revision of the systems or records notices would not ACTION: Final rule. records capture criminal matters; otherwise 5 U.S.C. 552(k)(2) applies as impose new recordkeeping, application, SUMMARY: In accordance with the described in subsequent sections. reporting, or other types of information requirements of the Privacy Act of 1974, The exemptions pursuant to 5 U.S.C. collection requirements. as amended, the Department of the 552a(j)(2) are from the provisions 5 List of Subjects in 31 CFR Part 1 Treasury gives notice of an amendment U.S.C. 552a(c)(3) and (4), 5 U.S.C. Privacy. to this part to reflect revisions of 552a(d)(1), (2), (3), (4), 5 U.S.C. Part 1, Subpart C of title 31 of the existing Internal Revenue Service (IRS) 552a(e)(1), (2) and (3), 5 U.S.C. Code of Federal Regulations is amended systems of records and to exempt the 552a(e)(4)(G), (H), and (I), 5 U.S.C. as follows: resulting revised systems of records 552a(e)(5) and (8), 5 U.S.C. 552a(f), and from certain provisions of the Privacy 5 U.S.C. 552a(g). As published in Part 1, PART 1—[AMENDED] Act. Criminal Investigation has revised Subpart C, of title 31 of the Code of five systems of records and deleted one Federal Regulations, section 1.36, these ■ 1. The authority citation for part 1 system of records. This final rule exemptions already apply to the records continues to read as follows:

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