[Code of Federal Regulations]
[Title 21, Volume 9]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR1308.49]

[Page 98-99]
 
                         TITLE 21-FOOD AND DRUGS
 
   CHAPTER II--DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
 
PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 1308.49  Emergency scheduling.

    Pursuant to 21 U.S.C. 811(h) and without regard to the requirements 
of 21 U.S.C. 811(b) relating to the scientific and medical evaluation of 
the Secretary of Health and Human Services, the Administrator may place 
a substance into Schedule I on a temporary basis, if he determines that 
such action is necessary to avoid an imminent hazard to the public 
safety. An order issued under this section may not be effective before 
the expiration of 30 days from:
    (a) The date of publication by the Administrator of a notice in the 
Federal Register of his intention to issue such order and the grounds 
upon which such order is to be issued, and

[[Page 99]]

    (b) The date the Administrator has transmitted notification to the 
Secretary of Health and Human Services of his intention to issue such 
order. An order issued under this section shall be vacated upon the 
conclusion of a subsequent rulemaking proceeding initiated under section 
201(a) (21 U.S.C. 811(a)) with respect to such substance or at the end 
of one year from the effective date of the order scheduling the 
substance, except that during the pendency of proceedings under section 
201(a) (21 U.S.C. 811(a)) with respect to the substance, the 
Administrator may extend the temporary scheduling for up to six months.

[51 FR 15318, Apr. 23, 1986. Redesignated and amended at 62 FR 13968, 
Mar. 24, 1997]