94-31162. Schedules of Controlled Substances; Proposed Placement of 4- Bromo-2,5-dimethoxyphenethylamine Into Schedule I  

  • [Federal Register Volume 59, Number 243 (Tuesday, December 20, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-31162]
    
    
    [[Page Unknown]]
    
    [Federal Register: December 20, 1994]
    
    
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    DEPARTMENT OF JUSTICE
    
    Drug Enforcement Administration
    [DEA--126P]
    
    21 CFR Part 1308
    
     
    
    Schedules of Controlled Substances; Proposed Placement of 4-
    Bromo-2,5-dimethoxyphenethylamine Into Schedule I
    
    AGENCY: Drug Enforcement Administration, Justice.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: This notice of proposed rulemaking is issued by the Deputy 
    Administrator of the Drug Enforcement Administration (DEA) to place 4-
    bromo-2,5-dimethoxyphenethylamine (4-bromo-2,5-DMPEA) into Schedule I 
    of the Controlled Substances Act (CSA). This proposed action by the DEA 
    Deputy Administrator is based on data gathered and reviewed by the DEA. 
    If finalized, this proposed action would impose the regulatory control 
    mechanisms and criminal sanctions of Schedule I on the manufacture, 
    distribution, and possession of 4-bromo-2,5-DMPEA.
    
    DATES: Comments must be submitted on or before January 19, 1995.
    
    ADDRESSES: Comments and objections should be submitted to the Deputy 
    Administrator, Drug Enforcement Administration, Washington, D.C. 20537, 
    Attention: DEA Federal Register Representative.
    
    FOR FURTHER INFORMATION CONTACT:
    Howard McClain, Jr., Chief, Drug and Chemical Evaluation Section, Drug 
    Enforcement Administration, Washington, D.C. 20537, Telephone: (202) 
    307-7183.
    
    SUPPLEMENTARY INFORMATION: On January 6, 1994, the Acting Administrator 
    of the DEA published a final rule in the Federal Register (59 FR 671) 
    amending Sec. 1308.11(g) of Title 21 of the Code of Federal Regulations 
    to temporarily place 4-bromo-2,5-DMPEA into Schedule I of the CSA 
    pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). 
    This final rule, which became effective on the date of publication, was 
    based on findings by the Acting Administrator that the temporary 
    scheduling of 4-bromo-2,5-DMPEA 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 
    expires at the end of one year from the effective date of the order. 
    However, if proceedings to schedule a substance pursuant to 21 U.S.C. 
    811(a)(1) have been initiated and are pending, the temporary scheduling 
    of a substance may be extended for up to six months. Under this 
    provision, the temporary scheduling of 4-bromo-2,5-DMPEA which would 
    expire on January 6, 1995, may be extended to July 6, 1995. This 
    extension is being ordered by the DEA Deputy Administrator in a 
    separate action.
        The DEA has gathered and reviewed the available information 
    regarding the trafficking, actual abuse and the relative potential for 
    abuse for 4-bromo-2,5-DMPEA. The Deputy Administrator has submitted 
    this data to the Assistant Secretary for Health, Department of Health 
    and Human Services. In accordance with 21 U.S.C. 811(b), the Deputy 
    Administrator also requested a scientific and medical evaluation and a 
    scheduling recommendation for 4-bromo-2,5-DMPEA from the Assistant 
    Secretary for Health.
        The Food and Drug Administration (FDA) has notified the DEA that 
    there are no exemptions or approvals in effect under Section 505 of the 
    Federal Food, Drug, and Cosmetic Act for 4-bromo-2,5-DMPEA. A search of 
    the scientific and medical literature revealed no indications of 
    current medical use of 4-bromo-2,5-DMPEA in the United States.
        4-bromo-2,5-DMPEA is structurally similar to the Schedule I 
    phenylisopropylamine hallucinogens, 4-bromo-2,5-dimethoxyphenethylamine 
    (DOB). Like DOM and DOB, 4-bromo-2,5-DMPEA displays high affinity for 
    central serotonin receptors and is capable of substituting for DOM or 
    DOB in drug discrimination studies conducted in rats. These data 
    suggest that 4-bromo-2,5-DMPEA is a psychoactive substance capable of 
    producing effects similar, though not identical, to DOM and DOB. Data 
    from human studies indicate that 4-bromo-2,5-DMPEA is orally active at 
    0.1-0.2 mg/kg producing an intoxication with considerable euphoria and 
    sensory enhancement which lasts for 6 to 8 hours. Higher doses have 
    been reported to produce intense and frightening hallucinations.
        The DEA first encountered 4-bromo-2,5-DMPEA in 1979. Since that 
    time, several exhibits of 4-bromo-2,5-DMPEA have been analyzed by 
    Federal and state forensic laboratories in Arizona, California, 
    Colorado, Georgia, Illinois, Iowa, Kentucky, Oregon, Pennsylvania and 
    Texas. Clandestine laboratories producing 4-bromo-2,5-DMPEA were seized 
    in California in 1986 and 1994 and in Arizona in 1992. It has been 
    represented as 3,4-methylenedioxy-methamphetamine (MDMA) and has been 
    sold in sugar cubes as LSD. Recently, 4-bromo-2,5-DMPEA has been 
    promoted as an aphrodisiac and distributed under the product name of 
    Nexus. DEA has seized several thousand dosage units of this product.
        The Deputy Administrator, based on the information gathered and 
    reviewed by his staff and after consideration of the factors in 21 
    U.S.C. 811(c), believes that sufficient data exist to propose and to 
    support that 4-bromo-2,5-DMPEA be placed into Schedule I of the CSA 
    pursuant to 21 U.S.C. 811(a). The specific findings required pursuant 
    to 21 U.S.C. 811 and 812 for a substance to be placed into Schedule I 
    are as follows:
        (1) The drug or other substance has a high potential for abuse.
        (2) The drug or other substance has no currently accepted medical 
    use in treatment in the United States.
        (3) There is a lack of accepted safety for use of the drug or other 
    substance under medical supervision.
        Before issuing a final rule in this matter, the DEA Deputy 
    Administrator will take into consideration the scientific and medical 
    evaluation and scheduling recommendation of the Secretary of the 
    Department of Health and Human Services in accordance with 21 U.S.C. 
    811(b). The Deputy Administrator will also consider relevant comments 
    from other concerned parties.
        Interested persons are invited to submit their comments, 
    objections, or requests for a hearing in writing with regard to this 
    proposal. Requests for a hearing should state with particularity the 
    issues concerning which the person desires to be heard. All 
    correspondence regarding this matter should be submitted to the Deputy 
    Administrator, Drug Enforcement Administration, Washington, D.C. 20537, 
    Attention: DEA Federal Register Representative. In the event that 
    comments, objections, or requests for a hearing raise one or more 
    issues which the Deputy Administrator finds warrants a hearing, the 
    Deputy Administrator shall order a public hearing by notice in the 
    Federal Register, summarizing the issues to be heard and setting the 
    time for the hearing.
        The Deputy Administrator of the DEA hereby certifies that proposed 
    placement of 4-bromo-2,5-DMPEA into 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 control of a substance with no currently accepted medical 
    use in the United States.
        This proposed rulemaking 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 provisions of E.O. 12866, 
    Section 3(d)(1).
        This action has been analyzed in accordance with the principles and 
    criteria in E.O. 12612, and it has been determined that this proposed 
    rulemaking does not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment.
    
    List of Subjects in 21 CFR Part 1308
    
        Administrative practice and procedure, Drug traffic control, 
    Narcotics, Prescription drugs.
    
        Under the authority vested in the Attorney General by Section 
    201(a) of the CSA (21 U.S.C. 811(a)), and delegated to the 
    Administrator of the DEA by the Department of Justice regulations (28 
    CFR 0.100) and redelegated to the Deputy Administrator pursuant to 28 
    CFR 0.104, the Deputy Administrator hereby proposes that 21 CFR Part 
    1308 be amended as follows:
    
    PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES
    
        1. The authority citation for 21 CFR part 1308 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 811, 812, 871b, unless otherwise noted.
    
        2. Section 1308.11 is amended by redesignating the existing 
    paragraphs (d)(3) through (d)(30) as (d)(4) through (d)(31) and adding 
    a new paragraph (d)(3) to read as follows:
    
    
    Sec. 1308.11  Schedule I.
    
    * * * * *
        (d) * * *
    
    (3) 4-Bromo-2,5-dimethoxyphenethylamine--7392
    
        Some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-
    aminoethane; alpha-desmethyl DOB; 2C-B, Nexus.
        3. Section 1308.11 is further amended by removing paragraph (g)(3).
    
        Dated: December 13, 1994.
    Stephen H. Greene,
    Deputy Administrator.
    [FR Doc. 94-31162 Filed 12-19-94; 8:45 am]
    BILLING CODE 4410-09-M
    
    
    

Document Information

Published:
12/20/1994
Department:
Drug Enforcement Administration
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-31162
Dates:
Comments must be submitted on or before January 19, 1995.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: December 20, 1994, DEA--126P
CFR: (1)
21 CFR 1308.11