29142 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations

DEPARTMENT OF JUSTICE purposes of this action. 21 U.S.C. 801– the petition of any interested party. 21 971. The DEA publishes the U.S.C. 811(a). This action was initiated Drug Enforcement Administration implementing regulations for these by the former DEA Administrator on her statutes in title 21 of the Code of Federal own motion and is supported by a 21 CFR Part 1308 Regulations (CFR), chapter II. recommendation from the Assistant [Docket No. DEA–417] The CSA and its implementing Secretary of the HHS and an evaluation regulations are designed to prevent, of all other relevant data by the DEA. Schedules of Controlled Substances: detect, and eliminate the diversion of This action imposes the regulatory Placement of UR-144, XLR11, and controlled substances and listed controls and administrative, civil, and AKB48 into Schedule I chemicals into the illicit market while criminal sanctions of schedule I ensuring an adequate supply is available controlled substances on any person AGENCY: Drug Enforcement for the legitimate medical, scientific, who handles, or proposes to handle, Administration, Department of Justice. research, and industrial needs of the UR–144, XLR11, or AKB48. ACTION: Final rule. United States. Controlled substances Background have the potential for abuse and SUMMARY: With the issuance of this final dependence and are controlled to On April 12, 2013, the DEA published rule, the Drug Enforcement protect the public health and safety. a notice of intent to temporarily place Administration places (1-pentyl-1H- Under the CSA, each controlled (1-pentyl-1H-indol-3-yl)(2,2,3,3- indol-3-yl)(2,2,3,3- substance is classified into one of five tetramethylcyclopropyl)methanone (UR- tetramethylcyclopropyl)methanone (UR- schedules based upon its potential for 144), [1-(5-fluoro-pentyl)-1H-indol-3- 144), [1-(5-fluoro-pentyl)-1H-indol-3- abuse, its currently accepted medical yl](2,2,3,3- yl](2,2,3,3- use in treatment in the United States, tetramethylcyclopropyl)methanone (5- tetramethylcyclopropyl)methanone (5- and the degree of dependence the fluoro-UR-144, XLR11), and N-(1- fluoro-UR-144, XLR11), and N-(1- substance may cause. 21 U.S.C. 812. The adamantyl)-1-pentyl-1H-indazole-3- adamantyl)-1-pentyl-1H-indazole-3- initial schedules of controlled carboxamide (APINACA, AKB48) into carboxamide (APINACA, AKB48), substances established by Congress are schedule I pursuant to the temporary including their salts, isomers, and salts found at 21 U.S.C. 812(c) and the scheduling provisions of the CSA. 78 FR of isomers whenever the existence of current list of scheduled substances is 21858. On May 16, 2013, the DEA such salts, isomers, and salts of isomers published at 21 CFR part 1308. 21 published a final order amending 21 is possible, into schedule I of the U.S.C. 812(a). CFR 1308.11(h) to temporarily place Controlled Substances Act. This Pursuant to 21 U.S.C. 811(a)(1), the these three synthetic cannabinoids into scheduling action is pursuant to the Attorney General may, by rule, ‘‘add to schedule I of the CSA pursuant to the Controlled Substances Act which such a schedule or transfer between temporary scheduling provisions of 21 requires that such actions be made on such schedules any drug or other U.S.C. 811(h). 78 FR 28735. That final the record after opportunity for a substance if he . . . finds that such drug order was effective on the date of hearing through formal rulemaking. or other substance has a potential for publication, and was based on findings This action imposes the regulatory abuse, and . . . makes with respect to by the DEA that the temporary controls and administrative, civil, and such drug or other substance the scheduling of these three synthetic criminal sanctions applicable to findings prescribed by subsection (b) of cannabinoids was necessary to avoid an schedule I controlled substances on section 812 of this title for the schedule imminent hazard to the public safety persons who handle (manufacture, in which such drug is to be placed . . . pursuant to 21 U.S.C. 811(h)(1). Section 201(h)(2) of the CSA requires that the distribute, reverse distribute, import, .’’ The Attorney General has delegated temporary control of these substances export, engage in research, conduct scheduling authority under 21 U.S.C. expire two years from the effective date instructional activities or chemical 811 to the Administrator of the DEA, 28 of the scheduling order, or on May 15, analysis, or possess), or propose to CFR 0.100, who in turn has redelegated 2015. 21 U.S.C. 811(h)(2). However, the handle UR-144, XLR11, or AKB48. that authority to the Deputy CSA also provides that the temporary DATES: Effective: May 11, 2016. Administrator of the DEA, 28 CFR part scheduling may be extended for up to 0, appendix to subpart R. FOR FURTHER INFORMATION CONTACT: one year during the pendency of The CSA provides that proceedings Barbara J. Boockholdt, Office of proceedings under 21 U.S.C. 811(a)(1). for the issuance, amendment, or repeal Diversion Control, Drug Enforcement Id. Accordingly, on May 14, 2015, the of the scheduling of any drug or other Administration; Mailing Address: 8701 DEA published a notice of proposed substance may be initiated by the Morrissette Drive, Springfield, Virginia rulemaking (NPRM) to permanently Attorney General (1) on her own 22152; Telephone: (202) 598–6812. control UR-144, XLR11, and AKB48 in motion; (2) at the request of the SUPPLEMENTARY INFORMATION: schedule I of the CSA. 80 FR 27611. Secretary of the Department of Health Specifically, the DEA proposed to add Legal Authority 1 and Human Services (HHS); or (3) on these substances to 21 CFR 1308.11(g), The Drug Enforcement cannabimimetic agents. On May 15, 1 As set forth in a memorandum of understanding Administration (DEA) implements and entered into by the Food and Drug Administration 2015, the DEA extended the temporary enforces titles II and III of the (FDA) and the National Institute on Drug Abuse scheduling of UR-144, XLR11, and Comprehensive Drug Abuse Prevention (NIDA), the FDA acts as the lead agency within the AKB48 by one year, until May 15, 2016. and Control Act of 1970, as amended. 21 HHS in carrying out the Secretary’s scheduling 80 FR 27854. On March 22, 2016, the responsibilities under the CSA, with the U.S.C. 801–971. Titles II and III are concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. DEA published a corrected notice of referred to as the ‘‘Controlled The Secretary of the HHS has delegated to the proposed rulemaking, proposing the Substances Act’’ and the ‘‘Controlled Assistant Secretary for Health of the HHS the placement of these substances as Substances Import and Export Act,’’ authority to make domestic drug scheduling hallucinogenic substances under 21 CFR recommendations. 58 FR 35460, July 1, 1993. respectively, and are collectively Accordingly, all subsequent references to 1308.11(d), and providing an referred to as the ‘‘Controlled ‘‘Secretary’’ have been replaced with ‘‘Assistant opportunity to comment on this Substances Act’’ or the ‘‘CSA’’ for the Secretary.’’ proposed change. 81 FR 15188.

VerDate Sep<11>2014 15:15 May 10, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1 jstallworth on DSK7TPTVN1PROD with RULES Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations 29143

DEA and HHS Eight Factor Analyses mentioned’’ were offensive and that The use of UR-144, XLR11, and/or On May 11, 2015, the HHS provided they should be changed ‘‘in the name of AKB48 has been linked to serious the DEA with three scientific and a truly transparent government.’’ A adverse effects including vomiting, medical evaluation documents prepared second commenter questioned the safety nausea, anxiety, agitation, seizures, by the FDA entitled ‘‘Basis for the of methadone, and the third commenter hallucinations, tachycardia, and stroke, recommendation to place 1-pentyl-1H- opposed the control of UR-144, XLR11, which require visits to emergency indol-3-yl-2,2,3,3- and AKB48. facilities. In addition to the serious tetramethylcyclopropyl methanone (UR- Two comments were received in adverse effects, the misuse and abuse of 144) and its salts in Schedule 1 of the response to the publication of the NPRM UR-144, XLR11, and/or AKB48 has been Controlled Substances Act (CSA);’’ correction, for which comments were to shown to result in death. As reported by ‘‘Basis for the recommendation to place be limited to addressing the change in the National Forensic Laboratory 1-(5-fluoro-pentyl)-1H-indol-3-yl the proposed placement in the CFR for Information System (NFLIS), there have 2,2,3,3-tetramethylcyclopropyl the substances as hallucinogenic been over 46,000 reports for UR-144, methanone (XLR11) and its salts in substances rather than cannabimimetic XLR11, and AKB48 since 2011 in at Schedule 1 of the Controlled Substances agents Both comments addressed least 44 states. As determined by the Act (CSA);’’ and ‘‘Basis for the whether or not these substances should HHS, there is no accepted medical use recommendation to place (N-(1- be scheduled, with one commenter for UR-144, XLR11, and AKB48. supporting scheduling and the other adamantyl)-1-pentyl-1H-indazole-3- Scheduling Conclusion carboxamide) (AKB48; APINACA) and opposing. Thus, both comments were outside the scope for which comments After consideration of the relevant its salts in Schedule 1 of the Controlled matter presented as a result of public Substances Act (CSA).’’ After were being accepted. Comments Received in Response to comment, the scientific and medical considering the eight factors in 21 evaluations and accompanying U.S.C. 811(c), including consideration NPRM. Request to Shorten Chemical Names. recommendations of the HHS, and its of each substance’s abuse potential, own eight-factor analyses, the DEA finds legitimate medical use, and dependence One commenter stated that the chemical names for UR-144, XLR11, and AKB48 that these facts and all other relevant liability, the Assistant Secretary of the data constitute substantial evidence of HHS recommended that UR-144, were unnecessarily difficult to understand and requested they be potential for abuse of UR-144, XLR11, XLR11, and AKB48 be controlled in and AKB48. As such, the DEA is schedule I of the CSA. In response, the shortened. DEA Response: In order to ensure the permanently scheduling UR-144, DEA conducted its own eightfactor XLR11, and AKB48 as controlled analysis of UR-144, XLR11, and AKB48. public is aware of the specific substances under the CSA.2 The DEA and HHS analyses are substances that were proposed to be available in their entirety in the public controlled, and are controlled, as Determination of Appropriate Schedule schedule I substances, the DEA used docket for this rule (DEA–2015–0007/ The CSA establishes five schedules of agency Docket Number DEA–417) at both the standard chemical names for UR-144, XLR11, and AKB48 and the controlled substances known as http://www.regulations.gov under schedules I, II, III, IV, and V. The CSA ‘‘Supporting Documents.’’ common street level names that correspond to each substance. All also outlines the findings required to Determination To Schedule UR-144, names known by the DEA for UR-144, place a drug or other substance in any XLR11, and AKB48 XLR11, and AKB48 were provided in particular schedule. 21 U.S.C. 812(b). After consideration of the analyses and After a review of the available data, the NPRM, the NPRM correction, and in this final rule. In addition, to prevent recommendations of the Assistant including the scientific and medical Secretary for HHS and review of all evaluations and the scheduling any confusion with nomenclature or other references to these substances, the other available data, the Administrator recommendations from the HHS, the of the DEA, pursuant to 21 U.S.C. 811(a) DEA published an NPRM entitled DEA also used shortened names for these substances, including UR-144, and 21 U.S.C. 812(b)(1), finds that: ‘‘Schedules of Controlled Substances: (1) (1-pentyl-1H-indol-3-yl)(2,2,3,3- XLR11, 5-fluoro-UR-144, AKB48, and Placement of UR-144, XLR11, and tetramethylcyclopropyl)methanone (UR- APINACA. Each of the names provided AKB48 into Schedule I,’’ proposing to 144), [1-(5-fluoro-pentyl)-1H-indol-3- in the NPRM, the NPRM correction, and control UR-144, XLR11, and AKB48 in yl](2,2,3,3- this final rule are commonly accepted schedule I of the CSA. 80 FR 27611, tetramethylcyclopropyl)methanone (5- identifiers for the three substances. May 14, 2015. The proposed rule fluoro-UR-144, XLR11), and N-(1- Comment Regarding Methadone. One provided an opportunity for interested adamantyl)-1-pentyl-1H-indazole-3- commenter stated that methadone is persons to file a request for hearing in carboxamide (APINACA, AKB48) have a very dangerous to use, especially with accordance with the DEA regulations on high potential for abuse that is the consumption of alcohol. or before June 15, 2015. No requests for comparable to other schedule I DEA Response: Methadone is a such a hearing were received by the substances such as delta-9- DEA. The NPRM also provided an schedule II synthetic opioid and is not affected by this rule. opportunity for interested persons to 2 UR-144, XLR11, and AKB48 were initially submit written comments on the Request Not to Control UR-144, proposed to be scheduled under § 1308.11(g). proposal on or before June 15, 2015. XLR11, and AKB48. One commenter However, they do not meet the structural opposed controlling UR-144, XLR11, requirement for ‘‘cannabimimetic agents.’’ Comments Received and AKB48 stating ‘‘there is no reason Consistent with the analysis set forth in the DEA’s 8-factor analysis, on March 22, 2016, the DEA The DEA received three comments on to have this law.’’ published a corrected notice of proposed the proposed rule to control UR-144, DEA Response: As outlined in detail rulemaking, with opportunity for comment, XLR11, and AKB48 in schedule I of the in the HHS and DEA eight-factor proposing the placement of these substances as analyses, there is substantial evidence to hallucinogenic substances under 21 CFR CSA. One commenter stated that the 1308.11(d). 81 FR 15188. The substances are being ‘‘longwinded and unnecessarily difficult support control of UR-144, XLR11, and placed under § 1308.11(d), hallucinogenic names of the chemical substances AKB48 in schedule I of the CSA. substances, under this final rule.

VerDate Sep<11>2014 15:15 May 10, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1 jstallworth on DSK7TPTVN1PROD with RULES 29144 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations

tetrahydrocannabinol (D9-THC) and such activities pursuant to 21 U.S.C. Regulatory Analyses JWH–018; 822, 823, 957, and 958, and in Administrative Procedure Act (2) (1-pentyl-1H-indol-3-yl)(2,2,3,3- accordance with 21 CFR parts 1301 and tetramethylcyclopropyl)methanone (UR- 1312. The Administrative Procedure Act 144), [1-(5-fluoro-pentyl)-1H-indol-3- 2. Disposal of Stocks. UR-144, XLR11, (APA) generally requires that rules yl](2,2,3,3- and AKB 48 must be disposed of in enacted in accordance with the tetramethylcyclopropyl)methanone (5- accordance with 21 CFR part 1317, in procedures of 5 U.S.C. 553 to be fluoro-UR-144, XLR11), and N-(1- addition to all other applicable federal, effective not less than 30 days after adamantyl)-1-pentyl-1H-indazole-3- state, local, and tribal laws. publication of the proposed rule. 5 carboxamide (APINACA, AKB48) have 3. Security. UR-144, XLR11, and U.S.C. 553(d). However, the APA no currently accepted medical use in AKB48 continue to be subject to provides three exceptions for when an treatment in the United States; and schedule I security requirements and agency may make a rule effective sooner (3) There is a lack of accepted safety must be handled and stored pursuant to than 30 days after publication, for use of (1-pentyl-1H-indol-3- 21 U.S.C. 821, 823, and 871(b), and in including if the agency finds for good yl)(2,2,3,3- accordance with 21 CFR 1301.71– cause why the rule should be effective tetramethylcyclopropyl)methanone (UR- 1301.93. sooner and publishes those reasons with 144), [1-(5-fluoro-pentyl)-1H-indol-3- 4. Labeling and Packaging. All labels, the rule. 5 U.S.C. 553(d)(3). The DEA yl](2,2,3,3- labeling, and packaging for commercial finds that there is good cause for this tetramethylcyclopropyl)methanone (5- containers of UR-144, XLR11, and scheduling action to be immediately fluoro-UR-144, XLR11) and N-(1- AKB48 must comply with 21 U.S.C. 825 effective upon publication. A delay in adamantyl)-1-pentyl-1H-indazole-3- and 958(e), and be in accordance with the effective date is unnecessary and carboxamide (APINACA, AKB48) under 21 CFR part 1302. contrary to the public interest. It is medical supervision. unnecessary because UR-144, XLR11, 5. Quota. Only registered Based on these findings, the and AKB48 are already controlled under manufacturers are permitted to Administrator of the DEA concludes 21 U.S.C. 811(h). Additionally, a delay manufacture UR-144, XLR11, or AKB48 that (1-pentyl-1H-indol-3-yl)(2,2,3,3- in the effective date could potentially in accordance with a quota assigned tetramethylcyclopropyl)methanone (UR- temporarily eliminate these substances pursuant to 21 U.S.C. 826 and in 144), [1-(5-fluoro-pentyl)-1H-indol-3- from being controlled, thereby resulting accordance with 21 CFR part 1303. yl](2,2,3,3- in an imminent hazard to the public tetramethylcyclopropyl)methanone (5- 6. Inventory. Every DEA registrant safety. As noted above, the use of UR- fluoro-UR-144, XLR11), and N-(1- required to keep records and who 144, XLR11, and/or AKB48 has been adamantyl)-1-pentyl-1H-indazole-3- possesses any quantity of UR-144, linked to serious adverse effects carboxamide (APINACA, AKB48) XLR11, or AKB48 is required to including vomiting, nausea, anxiety, including their salts, isomers and salts maintain an inventory of all stocks of agitation, seizures, hallucinations, of isomers, whenever the existence of UR-144, XLR11, and/or AKB48 on hand, tachycardia, and stroke, which require such salts, isomers, and salts of isomers pursuant to 21 U.S.C. 827 and 958, and visits to emergency facilities. In is possible, warrant control in schedule in accordance with 21 CFR 1304.03, addition to the serious adverse effects, I of the CSA. 21 U.S.C. 812(b)(1). 1304.04, and 1304.11. the misuse and abuse of UR-144, XLR11, 7. Records and Reports. Every DEA Requirements for Handling UR-144, and/or AKB48 has been shown to result registrant must maintain records and in death. XLR11, and AKB48 submit reports pursuant to 21 U.S.C. UR-144, XLR11, and AKB48 are 827 and 958, and in accordance with 21 Executive Orders 12866 and 13563, currently scheduled on a temporary CFR parts 1304, 1312, and 1317. Regulatory Planning and Review, and basis in schedule I 3 and therefore Manufacturers and distributors must 13563, Improving Regulation and continue to be subject to the regulatory submit reports regarding UR-144, Regulatory Review controls and administrative, civil, and XLR11, and/or AKB48 to the In accordance with 21 U.S.C. 811(a), criminal sanctions applicable to the Automation of Reports and this scheduling action is subject to manufacture, distribution, reverse Consolidated Order System (ARCOS) formal rulemaking procedures done ‘‘on distribution, importation, exportation, pursuant to 21 U.S.C. 827 and in the record after opportunity for a engagement in research and conduct of accordance with 21 CFR 1304 and 1312. hearing,’’ which are conducted pursuant instructional activities or chemical 8. Order Forms. Every DEA registrant to the provisions of 5 U.S.C. 556 and analysis, and possession of schedule I who distributes UR-144, XLR11, and/or 557. The CSA sets forth the criteria for controlled substances, including those AKB48 must continue to comply with scheduling a drug or other substance. listed below. These controls will the order form requirements, pursuant Such actions are exempt from review by continue on a permanent basis: to 21 U.S.C. 828 and 21 CFR part 1305. the Office of Management and Budget 1. Registration. Any person who 9. Importation and Exportation. All (OMB) pursuant to section 3(d)(1) of handles (manufactures, distributes, importation and exportation of UR-144, Executive Order 12866 and the reverse distributes, imports, exports, XLR11, and AKB48 must be in principles reaffirmed in Executive Order engages in research, or conducts compliance with 21 U.S.C. 952, 953, 13563. instructional activities or chemical 957, and 958, and in accordance with 21 analysis with, or possesses) UR-144, CFR part 1312. Executive Order 12988, Civil Justice Reform XLR11, or AKB48, or who desires to 10. Liability. Any activity involving handle UR-144, XLR11, or AKB48 must UR-144, XLR11, or AKB48 not This regulation meets the applicable be registered with the DEA to conduct authorized by, or in violation of, the standards set forth in sections 3(a) and CSA or its implementing regulations 3(b)(2) of Executive Order 12988 to 3 UR-144, XLR11, and AKB48 are currently eliminate drafting errors and ambiguity, subject to schedule I controls on a temporary basis, continues to be unlawful, and may pursuant to 21 U.S.C. 811(h). 80 FR 27854, May 15, subject the person to administrative, minimize litigation, provide a clear legal 2016. civil, and/or criminal sanctions. standard for affected conduct, and

VerDate Sep<11>2014 15:15 May 10, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1 jstallworth on DSK7TPTVN1PROD with RULES Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Rules and Regulations 29145

promote simplification and burden Mandates Reform Act (UMRA) of 1995, through (25) as paragraphs (h)(1) reduction. 2 U.S.C. 1501 et seq., that this action through (22), respectively. will not result in any Federal mandate The additions read as follows: Executive Order 13132, Federalism that may result in the expenditure by This rulemaking does not have State, local, and tribal governments, in § 1308.11 Schedule I. federalism implications warranting the the aggregate, or by the private sector, of * * * * * application of Executive Order 13132. $100,000,000 or more (adjusted for (d) * * * The proposed rule does not have inflation) in any one year. Therefore, substantial direct effects on the States, neither a Small Government Agency (48) (1-pentyl-1H-indol-3- on the relationship between the national Plan nor any other action is required yl)(2,2,3,3- government and the States, or the under provisions of the UMRA of 1995. tetramethylcyclopropy- distribution of power and l)methanone (UR-144) ...... (7144) responsibilities among the various Paperwork Reduction Act of 1995 (49) [1-(5-fluoro-pentyl)-1H- This action does not impose a new indol-3-yl](2,2,3,3- levels of government. tetramethylcyclopropy- collection of information under the Executive Order 13175, Consultation l)methanone (5-fluoro-UR-144, Paperwork Reduction Act of 1995. 44 XLR11) ...... (7011) and Coordination With Indian Tribal U.S.C. 3501–3521. This action would Governments (50) N-(1-adamantyl)-1-pentyl- not impose recordkeeping or reporting 1H-indazole-3-carboxamide This rule does not have tribal requirements on State or local (APINACA, AKB48) ...... (7048) implications warranting the application governments, individuals, businesses, or * * * * * of Executive Order 13175. It does not organizations. An agency may not have substantial direct effects on one or conduct or sponsor, and a person is not Dated: May 6, 2016. more Indian tribes, on the relationship required to respond to, a collection of Chuck Rosenberg, between the Federal Government and information unless it displays a Acting Administrator. Indian tribes, or on the distribution of currently valid OMB control number. [FR Doc. 2016–11204 Filed 5–10–16; 8:45 am] power and responsibilities between the Congressional Review Act BILLING CODE 4410–09–P Federal Government and Indian tribes. This rule is not a major rule as Regulatory Flexibility Act defined by section 804 of the Small The Administrator, in accordance Business Regulatory Enforcement DEPARTMENT OF HOMELAND with the Regulatory Flexibility Act Fairness Act of 1996 (Congressional SECURITY (RFA), 5 U.S.C. 601–602, has reviewed Review Act (CRA)). This rule will not Coast Guard this final rule and by approving it result in: ‘‘an annual effect on the economy of $100,000,000 or more; a certifies that it will not have a 33 CFR Part 165 significant economic impact on a major increase in costs or prices for substantial number of small entities. On consumers, individual industries, [Docket No. USCG–2016–0137] May 16, 2013, the DEA published a final Federal, State, or local government order amending 21 CFR 1308.11(h) to agencies, or geographic regions; or Safety Zone; Fourth of July Fireworks, temporarily place these three synthetic significant adverse effects on City of Eureka, Humboldt Bay, Eureka, cannabinoids into schedule I of the CSA competition, employment, investment, CA pursuant to the temporary scheduling productivity, innovation, or on the AGENCY: Coast Guard, DHS. provisions of 21 U.S.C. 811(h). 78 FR ability of U.S.-based companies to 28735. On May 15, 2015, the DEA compete with foreign based companies ACTION: Notice of enforcement of published a final order extending the in domestic and export markets.’’ regulation. However, pursuant to the CRA, the DEA temporary placement of these SUMMARY: The Coast Guard will enforce has submitted a copy of this final rule substances in schedule I of the CSA for the safety zone for the Fourth of July to both Houses of Congress and to the up to one year pursuant to 21 U.S.C. Fireworks, City of Eureka in the Captain Comptroller General. 811(h)(2). 80 FR 27854. Accordingly, all of the Port, San Francisco area of entities that currently handle or plan to List of Subjects in 21 CFR Part 1308 responsibility during the dates and handle these synthetic cannabinoids are times noted below. This action is estimated to have already established Administrative practice and procedure, Drug traffic control, necessary to protect life and property of and implemented the systems and the maritime public from the hazards processes required to handle UR-144, Reporting and recordkeeping requirements. associated with the fireworks display. XLR11, and AKB48. Therefore, the DEA During the enforcement period, anticipates that this rule will impose For the reasons set out above, 21 CFR part 1308 is amended as follows: unauthorized persons or vessels are minimal or no economic impact on prohibited from entering into, transiting businesses that currently handle UR- PART 1308—SCHEDULES OF through, or anchoring in the safety zone, 144, XLR11, or AKB48 for lawful CONTROLLED SUBSTANCES unless authorized by the Patrol purposes. This estimate applies to Commander (PATCOM). entities large and small. Accordingly, ■ 1. The authority citation for 21 CFR DATES: The regulations in 33 CFR the DEA has concluded that this rule part 1308 continues to read as follows: will not have a significant effect on a 165.1191, Table 1, Item number 3, will substantial number of small entities. Authority: 21 U.S.C. 811, 812, 871(b), be enforced from 10 a.m. on July 3, 2016 unless otherwise noted. through 10:40 p.m. on July 4, 2016. Unfunded Mandates Reform Act of 1995 ■ 2. In § 1308.11: FOR FURTHER INFORMATION CONTACT: If On the basis of information contained ■ a. Add paragraphs (d) (48) through you have questions on this notice, call in the ‘‘Regulatory Flexibility Act’’ (50); and or email Lieutenant Junior Grade section above, the DEA has determined ■ b. Remove paragraphs (h)(1) through Christina Ramirez, Sector San Francisco and certifies pursuant to the Unfunded (3) and redesignate paragraphs (h)(4) Waterways Safety Division, U.S. Coast

VerDate Sep<11>2014 15:15 May 10, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1 jstallworth on DSK7TPTVN1PROD with RULES