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(ii) Reviewing the programs and alpha-pyrrolidinopropiophenone (‘‘4- authority under 21 U.S.C. 811 to the policies of the Bank designed to ensure MePPP’’); (3) alpha- Administrator of the DEA, who in turn compliance with applicable laws, pyrrolidinopentiophenone (‘‘a-PVP’’); has delegated her authority to the regulations and policies, and monitoring (4) 1-(1,3-benzodioxol-5-yl)-2- Deputy Administrator of the DEA. 28 the results of these compliance efforts; (methylamino)butan-1-one (‘‘’’); CFR 0.100, 0.104, Appendix to Subpart (8) Review the policies and (5) 2-(methylamino)-1-phenylpentan-1- R of Part 0, Sec. 12. procedures established by senior one (‘‘pentedrone’’); (6) 1-(1,3- Section 201(h)(4) of the CSA (21 management to assess and monitor benzodioxol-5-yl)-2- U.S.C. 811(h)(4)) requires the Deputy implementation of the Bank’s strategic (methylamino)pentan-1-one Administrator to notify the Secretary of business plan and the operating goals (‘‘’’); (7) 4-fluoro-N- the Department of Health and Human and objectives contained therein; and methylcathinone (‘‘4-FMC’’); (8) 3- Services (HHS) of his intention to (9) Report periodically its findings to fluoro-N-methylcathinone (‘‘3-FMC’’); temporarily place a substance into the Bank’s board of directors. (9) 1-(naphthalen-2-yl)-2-(pyrrolidin-1- schedule I of the CSA.1 As 4-MEC, 4- (f) Meetings. The audit committee yl)pentan-1-one (‘‘’’); and (10) MePPP, a-PVP, butylone, pentedrone, shall prepare written minutes of each alpha-pyrrolidinobutiophenone (‘‘a- pentylone, 4-FMC, 3-FMC, naphyrone, audit committee meeting. PBP’’). This action is based on a finding and a-PBP are not currently listed in by the Deputy Administrator that the any schedule under the CSA, the DEA § 1239.34 Dividends. placement of these synthetic believes that the conditions of 21 U.S.C. A Bank’s board of directors may not into schedule I of the CSA is necessary 811(h)(1) have been satisfied. Any declare or pay a dividend based on to avoid an imminent hazard to the comments submitted by the Assistant projected or anticipated earnings and public safety. Any final order will be Secretary in response to the notice may not declare or pay a dividend if the published in the Federal Register and transmitted to the Assistant Secretary on par value of the Bank’s stock is impaired may not be effective prior to February November 7, 2013, shall be taken into or is projected to become impaired after 27, 2014. Any final order will impose consideration before a final order is paying such dividend. the administrative, civil, and criminal published. 21 U.S.C. 811(h)(4). CHAPTER XVII—OFFICE OF FEDERAL sanctions and regulatory controls To make a finding that placing a HOUSING ENTERPRISE OVERSIGHT, applicable to schedule I substances substance temporarily into schedule I of DEPARTMENT OF HOUSING AND URBAN under the CSA on the manufacture, the CSA is necessary to avoid an DEVELOPMENT distribution, possession, importation, imminent hazard to the public safety, Subchapter C—Safety and Soundness exportation, research, and conduct of the Deputy Administrator is required to instructional activities of these synthetic consider three of the eight factors set PART 1710—[REMOVED] cathinones. forth in section 201(c) of the CSA, 21 DATES: U.S.C. 811(c): the substance’s history ■ 6. Remove part 1710. January 28, 2014. FOR FURTHER INFORMATION CONTACT: and current pattern of abuse; the scope, PART 1720—[REMOVED] Ruth A. Carter, Acting Chief, Policy duration, and significance of abuse; and Evaluation and Analysis Section, Office what, if any, risk there is to the public ■ 7. Remove part 1720. of Diversion Control, Drug Enforcement health. 21 U.S.C. 811(h)(3). Dated: January 15, 2014. Administration; Mailing Address: 8701 Consideration of these factors includes Melvin L. Watt, Morrissette Drive, Springfield, Virginia actual abuse, diversion from legitimate channels, and clandestine importation, Director, Federal Housing Finance Agency. 22152, Telephone (202) 598–6812. manufacture, or distribution. 21 U.S.C. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–01173 Filed 1–27–14; 8:45 am] 811(h)(3). BILLING CODE 8070–01–P Background A substance meeting the statutory Section 201 of the CSA, 21 U.S.C. 811, requirements for temporary scheduling may only be placed in schedule I. 21 DEPARTMENT OF JUSTICE provides the Attorney General with the authority to temporarily place a U.S.C. 811(h)(1). Substances in schedule I are those that have a high potential for Drug Enforcement Administration substance into schedule I of the CSA for two years without regard to the abuse, no currently accepted medical use in treatment in the United States, 21 CFR Part 1308 requirements of 21 U.S.C. 811(b) if he finds that such action is necessary to and a lack of accepted safety for use [Docket No. DEA–386] avoid imminent hazard to the public under medical supervision. 21 U.S.C. 812(b)(1). Available data and Schedules of Controlled Substances: safety. 21 U.S.C. 811(h). In addition, if proceedings to control a substance are information for 4-MEC, 4-MePPP, a- Temporary Placement of 10 Synthetic PVP, butylone, pentedrone, pentylone, Cathinones into Schedule I initiated under 21 U.S.C. 811(a)(1), the Attorney General may extend the 4-FMC, 3-FMC, naphyrone, and a-PBP indicate that these 10 synthetic AGENCY: Drug Enforcement temporary scheduling for up to one Administration, Department of Justice. year. 21 U.S.C. 811(h)(2). 1 Because the Secretary of the HHS has delegated ACTION: Notice of Intent. Where the necessary findings are to the Assistant Secretary for Health of the HHS the made, a substance may be temporarily authority to make domestic drug scheduling SUMMARY: The Deputy Administrator of scheduled if it is not listed in any other recommendations, for purposes of this Notice of the Drug Enforcement Administration schedule under section 202 of the CSA, Intent, all subsequent references to ‘‘Secretary’’ have been replaced with ‘‘Assistant Secretary.’’ As (DEA) is issuing this notice of intent to 21 U.S.C. 812, or if there is no set forth in a memorandum of understanding temporarily schedule 10 synthetic exemption or approval in effect for the entered into by HHS, the Food and Drug cathinones into schedule I pursuant to substance under section 505 of the Administration (FDA), and the National Institute on the temporary scheduling provisions of Federal Food, Drug, and Cosmetic Act Drug Abuse (NIDA), FDA acts as the lead agency within HHS in carrying out the Assistant the Controlled Substances Act (CSA). (FDCA), 21 U.S.C. 355. 21 U.S.C. Secretary’s scheduling responsibilities under the The 10 substances are: (1) 4-methyl-N- 811(h)(1); 21 CFR part 1308. The CSA, with the concurrence of NIDA. 50 FR 9518, ethylcathinone (‘‘4-MEC’’); (2) 4-methyl- Attorney General has delegated his Mar. 8, 1985.

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cathinones have a high potential for Products that contain synthetic ‘‘legal’’ alternative to , abuse, no currently accepted medical cathinones have been falsely marketed , and MDMA. use in treatment in the United States, as ‘‘research chemicals,’’ ‘‘plant Products that contain 4-MEC, 4-MePPP, and a lack of accepted safety for use fertilizer,’’ ‘‘jewelry cleaner,’’ ‘‘stain a-PVP, butylone, pentedrone, under medical supervision. remover,’’ ‘‘plant food or fertilizer,’’ pentylone, 4-FMC, 3-FMC, naphyrone, ‘‘insect repellants,’’ or ‘‘.’’ and a-PBP are falsely marketed as Synthetic Cathinones These products are sold at smoke shops, ‘‘research chemicals,’’ ‘‘plant fertilizer,’’ Synthetic cathinones are b-keto- head shops, convenience stores, adult ‘‘jewelry cleaner,’’ ‘‘stain remover,’’ derivatives of the larger book stores, and gas stations and can ‘‘plant food or fertilizer,’’ ‘‘insect phenethylamine structural class also be purchased on the Internet. These repellants,’’ or ‘‘bath salts’’ and are sold (, cathinones, substances are commonly encountered at smoke shops, head shops, compounds, aminoindanes, etc.). in the form of powders, crystals, resins, convenience stores, adult book stores, Synthetic cathinones share a core tablets, and capsules. and gas stations, and can also be phenethylamine structure with From January 2010 through November purchased on the Internet under a substitutions at the b-position, a- 2013, according to the System to variety of product names (e.g., ‘‘White position, phenyl ring, or nitrogen atom. Retrieve Information from Drug Dove,’’ ‘‘Explosion,’’ ‘‘Tranquility’’). The addition of a beta-keto (b-keto) Evidence 2 (STRIDE) data, there are 374 They are commonly encountered in the substituent (i.e., carbonyl (C=O)) to the exhibits for 4-MEC; 122 exhibits for 4- form of powders, crystals, resins, phenethylamine core structure along MePPP; 659 exhibits for a-PVP; 74 tablets, and capsules. The packages of with substitutions on the alpha (a) exhibits for butylone; 288 exhibits for these commercial products usually carbon (C) atom or the nitrogen (N) atom pentedrone; 119 exhibits for pentylone; contain the warning ‘‘not for human produce a variety of substances called 37 exhibits for FMC 3; 22 exhibits for consumption.’’ cathinones or synthetic cathinones. naphyrone; and 37 exhibits for a-PBP. Information from published scientific Many synthetic cathinones produce From January 2010 through November studies indicates that the most common pharmacological effects substantially 2013, the National Forensic Laboratory routes of administration for synthetic similar to the schedule I substances Information System 4 (NFLIS) registered substances is ingestion by cathinone, , and 3,4- 8,807 reports containing these synthetic swallowing capsules or tablets or nasal methylenedioxymethamphetamine cathinones (4-MEC—1,876 reports; 4- insufflation by snorting the powder. (MDMA) and schedule II MePPP—288 reports; a-PVP —4,330 Other methods of intake include , methamphetamine, and reports; butylone—486 reports; intravenous or intramuscular injection, cocaine. 4-MEC, 4-MePPP, a-PVP, pentedrone—1,160 reports; pentylone— rectal administration, and swallowing butylone, pentedrone, pentylone, 4- 235 reports; FMC 5—291 reports; via ingestion by ‘‘bombing’’ (wrapping a FMC, 3-FMC, naphyrone, and a-PBP are naphyrone—43 reports; a-PBP —98 dose of powder in paper). synthetic cathinones and are reports) across 42 states. There is evidence that these synthetic structurally and pharmacologically cathinone substances are abused alone similar to amphetamine, MDMA, Factor 4. History and Current Pattern of or ingested with other substances cathinone, and other related substances. Abuse including other synthetic cathinones, Accordingly, these synthetic cathinone 4-MEC, 4-MePPP, a-PVP, butylone, pharmaceutical agents, or other substances share substantial similarities pentedrone, pentylone, 4-FMC, 3-FMC, recreational substances. Substances with schedule I and schedule II naphyrone, and a-PBP are synthetic found in combination with 4-MEC, 4- substances, including similarities with cathinones that emerged on the United MePPP, a-PVP, butylone, pentedrone, respect to desired and adverse effects. In States’ illicit drug market around the pentylone, 4-FMC, or naphyrone are: general, desired effects reported by time of the temporary scheduling of other synthetic cathinones (e.g., abusers of synthetic cathinone , MDPV, and on methylone and MDPV), common cutting substances include euphoria, sense of October 21, 2011. 76 FR 65371. agents (e.g., lidocaine, , well-being, increased sociability, Mephedrone and MDPV were lignocaine, , etc.), or other energy, empathy, increased alertness, permanently placed in schedule I on recreational substances. and improved concentration and focus. July 9, 2012 by the Food and Drug Evidence from poison centers and Abusers also report experiencing Administration Safety and Innovation published reports suggest that the unwanted effects such as tremor, Act (Pub. L. 112–144), and methylone primary users of synthetic cathinones vomiting, agitation, sweating, fever, and was permanently placed in schedule I are youths and young adults. The Texas chest pain. Other adverse or toxic effects by the DEA on April 12, 2013 (78 FR Poison Center Network reported that have been reported with the abuse 21818). These synthetic cathinone adolescents (12 to 19-years-old) and of synthetic cathinones include substances, like the schedule I synthetic young adults (mean age was 30-years- tachycardia, hypertension, cathinones (mephedrone, methylone, old) in 2010 and 2011 as the main hyperthermia, mydriasis, and MDPV), are promoted as being a callers of synthetic cathinone exposures. rhabdomyolysis, hyponatremia, A survey of college students reported seizures, altered mental status 2 STRIDE is a database of drug exhibits sent to that the lifetime use (used at least once) (paranoia, hallucinations, delusions), DEA laboratories for analysis. Exhibits from the of synthetic cathinones among college and even death. These synthetic database are from the DEA, other Federal agencies, students (at a large Southeastern U.S. cathinone substances have no known and some local law enforcement agencies. STRIDE university) is 25 out of 2,349 students data was queried on 12/20/2013 by date submitted medical use in the United States but to Federal forensic laboratories. surveyed. A national survey on drug use evidence demonstrates that these 3 FMC refers to both 3-FMC and 4-FMC. by the Monitoring the Future (MTF) 6 substances are being abused by 4 NFLIS is a national drug forensic laboratory individuals. There have been reporting system that systematically collects results 6 MTF is a research program conducted by the documented reports of emergency room from drug chemistry analyses conducted by state University of Michigan’s Institute for Social and local forensic laboratories across the country. Research under grants from NIDA. MTF tracks drug admissions and deaths associated with NFLIS state and local forensic drug reports were use trends among American adolescents in the 8th, the abuse of synthetic cathinone queried on 12/20/2013. 10th, and 12th grades and high school graduates substances. 5 FMC refers to both 3-FMC and 4-FMC. into adulthood by conducting nationwide surveys.

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research program showed that 0.2% of 2013 containing these synthetic reported from the use of synthetic full-time college students (one to four cathinone substances (4-MEC—78 cathinone substances include vomiting, years past high school) used synthetic encounters; 4-MePPP—8 encounters; a- palpitations, chest pain, hyperthermia, cathinone substances in 2012. Similarly, PVP—40 encounters; butylone—21 rhabdomyolysis, hyponatremia, the use of synthetic cathinone encounters; pentedrone—18 encounters; seizures, and altered mental status substances among 8th, 10th, and 12th pentylone—10 encounters; FMC 9—13 (paranoia, hallucinations, and grade students and young adults (non- encounters; naphyrone—3 encounters; delusions). Finally, the possibility of college peers aged 19 to 28-years-old) a-PBP—11 encounters), thus indicating death for individuals abusing 4-MEC, 4- was 0.8%, 0.6%, 1.3%, and 0.8%, the appeal of these substances. Most of MePPP, a-PVP, butylone, pentedrone, respectively. the shipments of these synthetic pentylone, 4-FMC, 3-FMC, naphyrone, cathinones originated overseas and were and a-PBP indicates that these Factor 5. Scope, Duration and destined for delivery throughout the substances are serious public health Significance of Abuse United States to states including threats. Some of these synthetic 4-MEC, 4-MePPP, a-PVP, butylone, Arizona, Arkansas, California, Colorado, cathinone substances have been directly pentedrone, pentylone, 4-FMC, 3-FMC, Florida, Hawaii, Idaho, Illinois, or indirectly implicated in the death of naphyrone, and a-PBP, like Michigan, Missouri, Nebraska, Nevada, individuals. For example, a 24-year-old mephedrone, methylone, and MDPV, New Jersey, New Mexico, Oklahoma, female died after ingesting two capsules are popular recreational drugs. Evidence Oregon, Texas, Virginia, Washington, of what she believed to be ‘‘Ecstasy’’ but that these synthetic cathinone and Wyoming. was subsequently confirmed to be a substances are being abused is indicated Concerns over the abuse of these mixture of methylone and butylone. The by law enforcement encounters of these synthetic cathinone substances have cause of death determined by the substances. Forensic laboratories have prompted many states to regulate them. medical examiner was serotonin analyzed drug exhibits received from More than half of the states in the syndrome secondary to methylone and state, local, and Federal law United States have emergency butylone ingestion. A 21-year-old male enforcement agencies and confirmed the scheduled or enacted legislation placing who ingested butylone for suicidal presence of 4-MEC, 4-MePPP, a-PVP, regulatory controls on some or many of intentions died after he developed butylone, pentedrone, pentylone, 4- the 10 synthetic cathinones that are the seizures and suffered a cardiac and FMC, 3-FMC, naphyrone, or a-PBP in subject of this notice of intent. In respiratory arrest. The cause of death these exhibits. addition, due to the use of synthetic was reported as multi-organ failure STRIDE registered 1,732 drug exhibits cathinones by service members, the U.S. resulting from malignant serotonin pertaining to the trafficking, distribution Armed Forces has prohibited the use of syndrome. and abuse of 4-MEC, 4-MePPP, a-PVP, synthetic cathinones for intoxication purposes. Finding of Necessity of Schedule I butylone, pentedrone, pentylone, 4- Placement To Avoid Imminent Hazard FMC, 3-FMC, naphyrone, and a-PBP Factor 6. What, if Any, Risk There is to to Public Safety from January 2010 to November 2013.7 the Public Health Specifically, in 2010, STRIDE contains Based on the above summarized data four reports related to 4-MEC and none Available evidence on the overall and information, the continued for the other nine substances. However, public health risks associated with the uncontrolled manufacture, distribution, in 2011, there were 205 reports related use of synthetic cathinones indicates importation, exportation, and abuse of a to these 10 substances, and in 2012, that 4-MEC, 4-MePPP, -PVP, butylone, 4-MEC, 4-MePPP, a-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, there were 1,302 reports. From January pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and a-PBP can cause acute to November 2013 there were 221 naphyrone, and a-PBP pose an health problems leading to emergency reports (excluding naphyrone). imminent hazard to the public safety. NFLIS registered over 8,000 reports department admissions, violent The DEA is not aware of any currently behaviors causing harm to self or others, from state and local forensic laboratories accepted medical uses for these or death. For example, individuals have identifying these substances in drug- synthetic cathinones in the United presented at emergency departments related exhibits for the period from States. A substance meeting the following exposure to some of these January 2010 to November 2013 across statutory requirements for temporary synthetic cathinone substances or 42 states. Specifically, in 2010, NFLIS scheduling, 21 U.S.C. 811(h)(1), may products containing them. In addition, registered 13 reports from 5 states only be placed in schedule I. Substances products containing these synthetic in schedule I are those that have a high containing many of these synthetic cathinone substances often do not bear potential for abuse, no currently cathinone substances.8 In 2011, there labeling information regarding their accepted medical use in treatment in the were 800 reports from 32 states related ingredients and, if they do, they may not United States, and a lack of accepted to these substances registered in NFLIS, list the active synthetic ingredients or safety for use under medical in 2012 there were 5,485 reports from 41 identify the health risks and potential supervision. Available data and states, and from January to November hazards associated with these products. information for 4-MEC, 4-MePPP, a- 2013 there were 2,509 reports from 41 Acute effects of these substances are PVP, butylone, pentedrone, pentylone, states. those typical of sympathomimetic 4-FMC, 3-FMC, naphyrone, and a-PBP Additionally, large seizures of these agents (e.g., cocaine, methamphetamine, indicate that these 10 synthetic substances have occurred by the U.S. and amphetamine) and include, among cathinones have a high potential for Customs and Border Protection (CBP). other effects, tachycardia, headache, abuse, no currently accepted medical At selected United States ports of entry, bruxism (teeth grinding), palpitations, use in treatment in the United States, CBP encountered several shipments of agitation, anxiety, insomnia, mydriasis, and a lack of accepted safety for use products from April 2010 to November tremor, fever or sweating, and under medical supervision. As required hypertension. Other effects, with public by section 201(h)(4) of the CSA, 21 7 STRIDE data was queried on 12/20/2013 by date submitted to Federal forensic laboratories. health risk implications, that have been U.S.C. 811(h), the Deputy Administrator 8 NFLIS state and local forensic drug reports were through a letter dated November 7, queried on 12/20/2013. 9 FMC refers to both 3-FMC and 4-FMC. 2013, notified the Assistant Secretary of

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the DEA’s intention to temporarily place for a hearing’’ conducted pursuant to and, accordingly, is not subject to the these ten synthetic cathinones in the provisions of 5 U.S.C. 556 and 557. requirements of the Regulatory schedule I. 21 U.S.C. 811. The regular scheduling Flexibility Act (RFA). The requirements process of formal rulemaking affords for the preparation of an initial Conclusion interested parties with appropriate regulatory flexibility analysis in 5 U.S.C. This notice of intent initiates an process and the government with any 603(a) are not applicable where, as here, expedited temporary scheduling action additional relevant information needed the DEA is not required by section 553 and provides the 30-day notice pursuant to make a determination. Final of the APA or any other law to publish to section 201(h) of the CSA, 21 U.S.C. decisions that conclude the regular a general notice of proposed 811(h). In accordance with the scheduling process of formal rulemaking. Additionally, this action is provisions of section 201(h) of the CSA, rulemaking are subject to judicial not a significant regulatory action as 21 U.S.C. 811(h), the Deputy review. 21 U.S.C. 877. Temporary defined by Executive Order 12866 Administrator considered available data scheduling orders are not subject to (Regulatory Planning and Review), and information, herein set forth the judicial review. 21 U.S.C. 811(h)(6). section 3(f), and, accordingly, this grounds for his determination that it is Regulatory Matters action has not been reviewed by the necessary to temporarily schedule 10 Office of Management and Budget synthetic cathinones, 4-methyl-N- Section 201(h) of the CSA, 21 U.S.C. (OMB). ethylcathinone (4-MEC), 4-methyl-a- 811(h), provides for an expedited This action will not have substantial pyrrolidinopropiophenone (4-MePPP), temporary scheduling action where direct effects on the States, on the alpha-pyrrolidinopentiophenone (a- such action is necessary to avoid an relationship between the national PVP), 1-(1,3-benzodioxol-5-yl)-2- imminent hazard to the public safety. government and the States, or on the (methylamino)butan-1-one (butylone), As provided in this subsection, the distribution of power and 2-(methylamino)-1-phenylpentan-1-one Attorney General may, by order, responsibilities among the various (pentedrone), 1-(1,3-benzodioxol-5-yl)- schedule a substance in schedule I on a levels of government. Therefore, in 2-(methylamino)pentan-1-one temporary basis. Such an order may not accordance with Executive Order 13132 (pentylone), 4-fluoro-N- be issued before the expiration of 30 (Federalism) it is determined that this methylcathinone (4-FMC), 3-fluoro-N- days from (1) the publication of a notice action does not have sufficient methylcathinone (3-FMC), in the Federal Register of the intention federalism implications to warrant the naphthylpyrovalerone (naphyrone), and to issue such order and the grounds preparation of a Federalism Assessment. alpha-pyrrolidinobutiophenone (a-PBP), upon which such order is to be issued, in schedule I of the CSA, and finds that and (2) the date that notice of the List of Subjects in 21 CFR Part 1308 placement of these synthetic cathinones proposed temporary scheduling order is Administrative practice and into schedule I of the CSA is warranted transmitted to the Assistant Secretary. procedure, Drug traffic control, in order to avoid an imminent hazard to 21 U.S.C. 811(h)(1). Reporting and recordkeeping Inasmuch as section 201(h) of the the public safety. requirements. Because the Deputy Administrator CSA directs that temporary scheduling hereby finds that it is necessary to actions be issued by order and sets forth Under the authority vested in the temporarily place these synthetic the procedures by which such orders are Attorney General by section 201(h) of cathinones into schedule I to avoid an to be issued, the DEA believes that the the CSA, 21 U.S.C. 811(h), and imminent hazard to the public safety, notice and comment requirements of delegated to the Deputy Administrator any subsequent final order temporarily section 553 of the Administrative of the DEA by Department of Justice scheduling these substances will be Procedure Act (APA), 5 U.S.C. 553, do regulations, the Deputy Administrator effective on the date of publication in not apply to this notice of intent. In the hereby intends to order that 21 CFR Part the Federal Register, and will be in alternative, even assuming that this 1308 be amended as follows: effect for a period of two years, with a notice of intent might be subject to possible extension of one additional section 553 of the APA, the Deputy PART 1308—SCHEDULES OF year, pending completion of the regular Administrator finds that there is good CONTROLLED SUBSTANCES (permanent) scheduling process. 21 cause to forgo the notice and comment ■ 1. The authority citation for Part 1308 U.S.C. 811(h)(1) and (2). It is the requirements of section 553, as any continues to read as follows: intention of the Deputy Administrator to further delays in the process for issue such a final order as soon as issuance of temporary scheduling orders Authority: 21 U.S.C. 811, 812, 871(b), possible after the expiration of 30 days would be impracticable and contrary to unless otherwise noted. from the date of publication of this the public interest in view of the ■ 2. Section 1308.11 is amended by notice. 4-MEC, 4-MePPP, a-PVP, manifest urgency to avoid an imminent adding new paragraphs (h)(19), (20), butylone, pentedrone, pentylone, 4- hazard to the public safety. (21), (22), (23), (24), (25), (26), (27), and FMC, 3-FMC, naphyrone, and a-PBP Although the DEA believes this notice (28) to read as follows: will then be subject to the regulatory of intent to issue a temporary controls and administrative, civil, and scheduling order is not subject to the § 1308.11 Schedule I. criminal sanctions applicable to the notice and comment requirements of * * * * * manufacture, distribution, possession, section 553 of the APA, the DEA notes (h) * * * importation, exportation, research, and that in accordance with 21 U.S.C. (19) 4-methyl-N-ethylcathinone, its conduct of instructional activities of a 811(h)(4), the Deputy Administrator will optical, positional, and geometric schedule I controlled substance. take into consideration any comments isomers, salts and salts of isomers— The CSA sets forth specific criteria for submitted by the Assistant Secretary 1249 scheduling a drug or other substance. with regard to the proposed temporary (Other names: 4-MEC; 2-(ethylamino)-1- Regular scheduling actions in scheduling order. accordance with 21 U.S.C. 811(a) are Further, the DEA believes that this (4-methylphenyl)propan-1-one) subject to formal rulemaking procedures temporary scheduling action is not a (20) 4-methyl-alpha- done ‘‘on the record after opportunity ‘‘rule’’ as defined by 5 U.S.C. 601(2), pyrrolidinopropiophenone, its optical,

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positional, and geometric isomers, salts DEPARTMENT OF TRANSPORATION SUPPLEMENTARY INFORMATION: The Saint and salts of isomers—7498 Lawrence Seaway Development (Other names: 4-MePPP; MePPP; 4- Saint Lawrence Seaway Development Corporation (SLSDC) and the St. methyl-a-pyrrolidinopropiophenone; 1- Corporation Lawrence Seaway Management (4-methylphenyl)-2-(pyrrolidin-1-yl)- Corporation (SLSMC) of Canada, under propan-1-one) 33 CFR Part 401 international agreement, jointly publish [Docket No. SLSDC–2014–0001] and presently administer the St. (21) alpha-pyrrolidinopentiophenone, Lawrence Seaway Regulations and its optical, positional, and geometric RIN 2135–AA33 Rules (Practices and Procedures in isomers, salts and salts of isomers— Canada) in their respective jurisdictions. 7545 Seaway Regulations and Rules: Under agreement with the SLSMC, the (Other names: a-PVP; a- Periodic Update, Various Categories SLSDC is amending the joint regulations pyrrolidinovalerophenone; 1-phenyl-2- AGENCY: Saint Lawrence Seaway by updating the Regulations and Rules (pyrrolidin-1-yl)pentan-1-one) Development Corporation, DOT. in various categories. The changes will update the following sections of the (22) butylone, its optical, positional, and ACTION: Notice of proposed rulemaking. Regulations and Rules: Condition of geometric isomers, salts and salts of SUMMARY: Vessels; Preclearance and Security for isomers—7541 The Saint Lawrence Seaway Development Corporation (SLSDC) and Tolls; Tolls Assessment and Payment; (Other names: bk-MBDB; 1-(1,3- the St. Lawrence Seaway Management Seaway Navigation; Dangerous Cargo; benzodioxol-5-yl)-2- Corporation (SLSMC) of Canada, under Toll Assessment and Payment; and, (methylamino)butan-1-one) international agreement, jointly publish Information and Reports. These updates (23) pentedrone, its optical, positional, and presently administer the St. are necessary to take account of updated and geometric isomers, salts and salts of Lawrence Seaway Regulations and procedures which will enhance the isomers—1246 Rules (Practices and Procedures in safety of transits through the Seaway. (Other names: a- Canada) in their respective jurisdictions. Many of these changes are to clarify existing requirements in the regulations. methylaminovalerophenone; 2- Under agreement with the SLSMC, the Where new requirements or regulations (methylamino)-1-phenylpentan-1-one) SLSDC is amending the joint regulations by updating the Seaway Regulations and are made, an explanation for such a (24) pentylone, its optical, positional, Rules in various categories. The changes change is provided below. and geometric isomers, salts and salts of will update the following sections of the Regulatory Notices: Privacy Act: isomers—7542 Regulations and Rules: Condition of Anyone is able to search the electronic (Other names: bk-MBDP; 1-(1,3- Vessels; Preclearance and Security for form of all comments received into any benzodioxol-5-yl)-2- Tolls; Tolls Assessment and Payment; of our dockets by the name of the (methylamino)pentan-1-one) Seaway Navigation; Dangerous Cargo; individual submitting the comment (or Toll Assessment and Payment; and, signing the comment, if submitted on (25) 4-fluoro-N-methylcathinone, its behalf of an association, business, labor optical, positional, and geometric Information and Reports. These amendments are necessary to take union, etc.). You may review DOT’s isomers, salts and salts of isomers— complete Privacy Act Statement in the 1238 account of updated procedures and will enhance the safety of transits through Federal Register published on April 11, (Other names: 4-FMC; ; 1-(4- the Seaway. Many of the amendments 2000 (Volume 65, Number 70; Pages fluorophenyl)-2-(methylamino)propan- are merely editorial or for clarification 19477–78) or you may visit http:// 1-one) of existing requirements. www.Regulations.gov. The SLSDC is amending several (26) 3-fluoro-N-methylcathinone, its DATES: Comments are due February 27, sections of the Condition of Vessels optical, positional, and geometric 2014. portion of the joint Seaway regulations. isomers, salts and salts of isomers— ADDRESSES: Submit comments to In section 401.9, ‘‘Radio Telephone 1233 http://www.Regulations.gov; or the Equipment’’, the two Corporations are (Other names: 3-FMC; 1-(3- Docket Management Facility; U.S. proposing to limit the degree of error for fluorophenyl)-2-(methylamino)propan- Department of Transportation, 1200 gyro and magnetic compasses. Under 1-one) New Jersey Avenue SE., West Building section 401.10, ‘‘Mooring lines’’, the Ground Floor, Room W12–140, (27) naphyrone, its optical, positional, SLSDC is proposing to mandate the use Washington, DC 20590–001. of synthetic lines when using tie-up and geometric isomers, salts and salts of Docket: For access to the docket to isomers—1258 services at tie-up walls and docks. read background documents or Currently the use of synthetic lines is (Other names: naphthylpyrovalerone; 1- comments received, go to http:// optional. For safety purposes in section (naphthalen-2-yl)-2-(pyrrolidin-1- www.Regulations.gov; or in person at 401.14, ‘‘Anchor marking buoys’’, the yl)pentan-1-one) the Docket Management Facility; U.S. SLSDC is proposing to amend the rules (28) alpha-pyrrolidinobutiophenone, its Department of Transportation, 1200 to require vessels to ensure that the optical, positional, and geometric New Jersey Avenue SE., West Building anchor buoy is secured by a suitable isomers, salts and salts of isomers— Ground Floor, Room W12–140, line and ready to be released prior to 7546 Washington, DC 20590–001, between 9 entering the Seaway. (Other names: a-PBP; 1-phenyl-2- a.m. and 5 p.m., Monday through In the Preclearance and Security for (pyrrolidin-1-yl)butan-1-one) Friday, except Federal Holidays. Tolls section, the Seaway Corporations FOR FURTHER INFORMATION CONTACT: are proposing to amend their joint rules Dated: January 15, 2014. Carrie Mann Lavigne, Chief Counsel, in section 401.22, ‘‘Preclearance of Thomas M. Harrigan, Saint Lawrence Seaway Development vessels’’, to require that past due Deputy Administrator. Corporation, 180 Andrews Street, invoices must be paid prior to transiting [FR Doc. 2014–01172 Filed 1–27–14; 8:45 am] Massena, New York 13662; 315/764– the Seaway. In addition, provisions are BILLING CODE 4410–09–P 3200. being proposed that would provide

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