§ 1308.49 - Temporary scheduling.

§ 1308.49 Emergency scheduling.

Cross Reference

Link to an amendment published at 81 FR 97021, Dec. 30, 2016.

Cross Reference

Link to a delay published at 82 FR 8688, Jan. 30, 2017.

Temporary scheduling.

(a) 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

Drug Enforcement Administration may place a substance into Schedule I on a temporary basis, if

he

it 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 calendar days from:

(

a

1) The date of publication by the

Administrator

Administration of a notice in the Federal Register of

his

its intention to issue such order and the grounds upon which such order is to be issued

,

; and

(

b

2) The date the

Administrator

Administration has transmitted notification to the Secretary of Health and Human Services of

his

the Administration's intention to issue such order.

(b) An order issued under this section shall will 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 two years 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 Administration may extend the temporary scheduling for up to six monthsone year.

[51 81 FR 1531897021, AprDec. 23, 1986. Redesignated and amended at 62 FR 13968, Mar. 24, 199730, 2016]