[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31200]
[[Page Unknown]]
[Federal Register: December 21, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[DEA--127E]
Schedules of Controlled Substances; Extension of Temporary
Placement of 4-Bromo-2,5-dimethoxyphenethyl- amine in Schedule I
AGENCY: Drug Enforcement Administration, Justice.
ACTION: Final rule.
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SUMMARY: This final rule is issued by the Deputy Administrator of the
Drug Enforcement Administration (DEA) to extend the temporary
scheduling of 4-bromo-2,5-dimethoxyphenethylamine (4-bromo-2,5-DMPEA)
in Schedule I of the Controlled Substances Act (CSA). The temporary
scheduling of 4-bromo-2,5-DMPEA is due to expire on January 6, 1995.
This notice will extend the temporary scheduling of 4-bromo-2,5-DMPEA
for six months or until rule making proceeding are completed, whichever
occurs first.
EFFECTIVE DATE: January 6, 1995.
FOR FURTHER INFORMATION CONTACT:Howard McClain, Jr., Chief, Drug and
Chemical Evaluation Section, Drug Enforcement Administration,
Washington, DC 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(g).
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, 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 and redelegated to the Deputy Administrator pursuant to 28 CFR
0.104) 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 4-bromo-2,5-DMPEA has been initiated by the
Deputy Administrator.
Therefore, the temporary scheduling of 4-bromo-2,5-DMPEA, which is
due to expire on January 6, 1995, may be extended until July 6, 1995,
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
Deputy Administrator hereby orders that the temporary scheduling of 4-
bromo-2,5-DMPEA be extended until July 6, 1995, or until the conclusion
of scheduling proceedings initiated in accordance with 21 U.S.C.
811(a), whichever occurs first.
The Deputy Administrator of the DEA hereby certifies that extension
of the temporary placement of 4-bromo-2,5-DMPEA 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 a
substance with no currently accepted medical use in the United States.
The six month extension of 4-bromo-2,5-DMPEA 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, Sec. 3(d)(1).
This regulation responds to an emergency situation posing no imminent
hazard to the public safety and is essential to criminal law
enforcement function of the United States.
This action has been analyzed in accordance with the principles and
criteria in Executive Order 12612, and it has been determined that this
final rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Dated: December 9, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-31200 Filed 12-20-94; 8:45 am]
BILLING CODE 4410-09-M
