[Federal Register Volume 68, Number 175 (Wednesday, September 10, 2003)]
[Rules and Regulations]
[Page 53289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22964]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-246F]


Schedules of Controlled Substances: Extension of Temporary 
Placement of N-Benzylpiperazine (BZP), 1-(3-
Trifluoromethylphenyl)piperazine (TFMPP) and 2,5-Dimethoxy-4-(n)-
propylthiophenethylamine (2C-T-7) in Schedule I of the Controlled 
Substances Act

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Final rule.

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SUMMARY: This final rule is issued by the Administrator of the Drug 
Enforcement Administration (DEA) to extend the temporary scheduling of 
N-benzylpiperazine (BZP), 1-(3-trifluoromethylphenyl) piperazine 
(TFMPP) and 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7) in 
Schedule I of the Controlled Substances Act (CSA). The temporary 
scheduling of BZP, TFMPP and 2C-T-7 is due to expire on September 19, 
2003. This document will extend the temporary scheduling of BZP, TFMPP 
and 2C-T-7 to March 19, 2004 or until rulemaking proceedings are 
completed, whichever occurs first.

EFFECTIVE DATES: September 10, 2003.

FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Drug and Chemical 
Evaluation Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, DC 20537, Telephone: (202) 307-7183.

SUPPLEMENTARY INFORMATION: On September 20, 2002, the Deputy 
Administrator of the DEA published two separate final rules in the 
Federal Register (67 FR 59161 and 67 FR 59163) amending Sec. 1308.11(g) 
of title 21 of the Code of Federal Regulations to temporarily place 
BZP, TFMPP and 2C-T-7 into Schedule I of the CSA pursuant to the 
temporary scheduling provisions of 21 U.S.C. 811(h). These final rules, 
which became effective on the date of publication, were based on 
findings by the Deputy Administrator that the temporary scheduling of 
BZP, TFMPP and 2C-T-7 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 date of issuance 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 
BZP, TFMPP and 2C-T-7 have been initiated by the Administrator of the 
DEA.
    The DEA has gathered and reviewed the available information 
regarding the pharmacology, chemistry, trafficking, actual abuse, 
pattern of abuse and the relative potential for abuse for BZP, TFMPP 
and 2C-T-7. The Administrator has submitted these data to the Assistant 
Secretary for Health, Department of Health and Human Services. In 
accordance with 21 U.S.C. 811(b), the Administrator has also requested 
a scientific and medical evaluation and a scheduling recommendation for 
BZP, TFMPP and 2C-T-7 from the Assistant Secretary for Health. 
Therefore, the temporary scheduling of BZP, TFMPP and 2C-T-7 which is 
due to expire on September 19, 2003, may be extended until March 19, 
2004, 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 Administrator hereby orders that 
the temporary scheduling of BZP, TFMPP and 2C-T-7 be extended until 
March 19, 2004, or until the proceedings initiated in accordance with 
21 U.S.C. 811(a) are completed, whichever occurs first.
    The Administrator of the DEA hereby certifies that extension of the 
temporary placement of BZP, TFMPP and 2C-T-7 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 substances 
with no currently accepted medical use in the United States.
    The six-month extension of BZP, TFMPP, and 2C-T-7 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, section 3(d)(1). 
This action responds to an emergency situation posing an imminent 
hazard to the public safety and is essential to the criminal law 
enforcement function of the United States.
    This action has been analyzed in accordance with the principles and 
criteria in Executive Order 13132, and it has been determined that this 
final rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

    Dated: September 2, 2003.
Karen P. Tandy,
Administrator.
[FR Doc. 03-22964 Filed 9-9-03; 8:45 am]
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