[Federal Register: September 10, 2003 (Volume 68, Number 175)]
[Rules and Regulations]
[Page 53289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se03-6]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-246F]
Schedules of Controlled Substances: Extension of Temporary
Placement of N-Benzylpiperazine (BZP), 1-(3-
Trifluoromethylphenyl)piperazine (TFMPP) and 2,5-Dimethoxy-4-(n)-
propylthiophenethylamine (2C-T-7) in Schedule I of the Controlled
Substances Act
AGENCY: Drug Enforcement Administration (DEA), Justice.
ACTION: Final rule.
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SUMMARY: This final rule is issued by the Administrator of the Drug
Enforcement Administration (DEA) to extend the temporary scheduling of
N-benzylpiperazine (BZP), 1-(3-trifluoromethylphenyl) piperazine
(TFMPP) and 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7) in
Schedule I of the Controlled Substances Act (CSA). The temporary
scheduling of BZP, TFMPP and 2C-T-7 is due to expire on September 19,
2003. This document will extend the temporary scheduling of BZP, TFMPP
and 2C-T-7 to March 19, 2004 or until rulemaking proceedings are
completed, whichever occurs first.
EFFECTIVE DATES: September 10, 2003.
FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Drug and Chemical
Evaluation Section, Office of Diversion Control, Drug Enforcement
Administration, Washington, DC 20537, Telephone: (202) 307-7183.
SUPPLEMENTARY INFORMATION: On September 20, 2002, the Deputy
Administrator of the DEA published two separate final rules in the
Federal Register (67 FR 59161 and 67 FR 59163) amending Sec. 1308.11(g)
of title 21 of the Code of Federal Regulations to temporarily place
BZP, TFMPP and 2C-T-7 into Schedule I of the CSA pursuant to the
temporary scheduling provisions of 21 U.S.C. 811(h). These final rules,
which became effective on the date of publication, were based on
findings by the Deputy Administrator that the temporary scheduling of
BZP, TFMPP and 2C-T-7 was necessary to avoid an imminent hazard to the
public safety. Section 201(h)(2) of the CSA (21 U.S.C. 811(h)(2))
requires that the temporary scheduling of a substance expire at the end
of one year from the date of issuance of the order. However, during the
pendency of proceedings under 21 U.S.C. 811(a)(1) with respect to the
substance, temporary scheduling of that substance may be extended for
up to six months. Proceedings for the scheduling of a substance under
21 U.S.C. 811(a) may be initiated by the Attorney General (delegated to
the Administrator of the DEA pursuant to 28 CFR 0.100) on his own
motion, at the request of the Secretary of Health and Human Services,
or on the petition of any interested party. Such proceedings regarding
BZP, TFMPP and 2C-T-7 have been initiated by the Administrator of the
DEA.
The DEA has gathered and reviewed the available information
regarding the pharmacology, chemistry, trafficking, actual abuse,
pattern of abuse and the relative potential for abuse for BZP, TFMPP
and 2C-T-7. The Administrator has submitted these data to the Assistant
Secretary for Health, Department of Health and Human Services. In
accordance with 21 U.S.C. 811(b), the Administrator has also requested
a scientific and medical evaluation and a scheduling recommendation for
BZP, TFMPP and 2C-T-7 from the Assistant Secretary for Health.
Therefore, the temporary scheduling of BZP, TFMPP and 2C-T-7 which is
due to expire on September 19, 2003, may be extended until March 19,
2004, or until proceedings initiated in accordance with 21 U.S.C.
811(a) are completed, whichever occurs first.
Pursuant to U.S.C. 811(h)(2) the Administrator hereby orders that
the temporary scheduling of BZP, TFMPP and 2C-T-7 be extended until
March 19, 2004, or until the proceedings initiated in accordance with
21 U.S.C. 811(a) are completed, whichever occurs first.
The Administrator of the DEA hereby certifies that extension of the
temporary placement of BZP, TFMPP and 2C-T-7 in Schedule I of the CSA
will have no significant impact upon entities whose interests must be
considered under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
This action involves the extension of temporary control of substances
with no currently accepted medical use in the United States.
The six-month extension of BZP, TFMPP, and 2C-T-7 in Schedule I of
the CSA is not a significant regulatory action for the purposes of
Executive Order (E.O.) 12866 of September 30, 1993. Drug scheduling
matters are not subject to review by the Office of Management and
Budget (OMB) pursuant to the provisions of E.O. 12866, section 3(d)(1).
This action responds to an emergency situation posing an imminent
hazard to the public safety and is essential to the criminal law
enforcement function of the United States.
This action has been analyzed in accordance with the principles and
criteria in Executive Order 13132, and it has been determined that this
final rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Dated: September 2, 2003.
Karen P. Tandy,
Administrator.
[FR Doc. 03-22964 Filed 9-9-03; 8:45 am]
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