Date="03/07/94" Citation="59 FR 10720" Group="legal" Type="RULE" Department="DEPARTMENT OF JUSTICE" Agency="DRUG ENFORCEMENT ADMINISTRATION, JUSTICE" Subject="Schedules of Controlled Substances; Extension of Temporary Placement o f Alpha-ethyltryptamine Into Schedule I"

DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 Schedules of Controlled Substances; Extension of Temporary Placement of Alpha-ethyltryptamine Into Schedule I AGENCY: Drug Enforcement Administration, Justice. ACTION: Final rule.

DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 Schedules of Controlled Substances; Extension of Temporary Placement of Alpha-ethyltryptamine Into Schedule I AGENCY: Drug Enforcement Administration, Justice. ACTION: Final rule. + ------------------------------------------------------------ SUMMARY: This final rule is issued by the Acting Administrator of the Drug Enforcement Administration (DEA) to extend the temporary scheduling of alpha-ethyltryptamine (ALPHA-ET) in Schedule I of the Controlled Substances Act (CSA). The temporary scheduling of ALPHA-ET is due to expire on March 12, 1994. This notice will extend the temporary scheduling of ALPHA-ET for six months or until rule making proceedings are completed, whichever occurs first. EFFECTIVE DATE: March 12, 1994. 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 March 12, 1993, the Administrator of the DEA published a final rule in the Federal Register (58 FR 13533) amending sec 1308.11(g) of Title 21 of the Code of Federal Regulations to temporarily place ALPHA-ET 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 Administrator that the temporary scheduling of ALPHA-ET 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 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) 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 ALPHA-ET have been initiated by the Acting Administrator. Therefore, the temporary scheduling of ALPHA-ET, which is due to expire on March 12, 1994, may be extended until September 12, 1994, or until proceedings initiated in accordance with 21 U.S.C. 811(a) are completed, whichever occurs first. Pursuant to 21 U.S.C. 811(h)(2) the Acting Administrator hereby orders that the temporary scheduling of ALPHA-ET be extended until September 12, 1994, or until the conclusion of scheduling proceedings initiated in accordance with 21 U.S.C. 811(a), whichever occurs first. The Acting Administrator of the DEA hereby certifies that extension of the temporary placement of ALPHA-ET 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 extension of temporary control of a substance with no currently approved medical use in the United States. The six month extension of ALPHA-ET 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 an 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: February 28, 1994. Stephen H. Greene, Acting Administrator of Drug Enforcement. [FR Doc. 94-5203 Filed 3-4-94; 8:45 am] BILLING CODE 4410-09-M ------------------------------------------------------ The Contents entry for this article reads as follows: Schedules of controlled substances: Alpha-ethyltryptamine, 10720