[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2287-2288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-683]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-345C]


Schedules of Controlled Substances: Temporary Placement of Five 
Synthetic Cannabinoids Into Schedule I; Correction

AGENCY: Drug Enforcement Administration (DEA), U.S. Department of 
Justice.

ACTION: Notice of Intent; correction.

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SUMMARY: On November 24, 2010, the Drug Enforcement Administration 
(DEA) published a Notice of Intent announcing its intention to 
temporarily place five synthetic cannabinoids into Schedule I of the 
Controlled Substances Act. This notice corrects two administrative 
errors made in that document.

FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, 
Drug and Chemical Evaluation Section, Office of Diversion Control, Drug 
Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 
22152, telephone (202) 307-7183, fax (202) 353-1263, or e-mail 
ode@dea.usdoj.gov.

SUPPLEMENTARY INFORMATION: In a November 24, 2010, Notice of Intent 
published in the Federal Register (75 FR 71635), DEA announced its 
intention to temporarily place five synthetic cannabinoids into 
schedule I of the Controlled Substances Act (CSA) pursuant to 21 U.S.C. 
811(h). Due to an administrative error, DEA included in that notice a 
paragraph addressing the Regulatory Flexibility Act (RFA) in the 
``Regulatory Certifications'' section of that document. The provisions 
of the RFA have no application to temporary scheduling orders issued 
under 21 U.S.C. 811(h) or to notices of intention to issue such orders. 
Accordingly, DEA certification under the RFA is not

[[Page 2288]]

legally required for this temporary scheduling order. Therefore, I 
hereby order that this paragraph (the first full paragraph in the right 
column on page 71637), as well as the ``Regulatory Flexibility Act'' 
heading that precedes it, be stricken.
    DEA also inadvertently included in its Notice of Intent a 
certification relating to the Congressional Review Act. The 
Congressional Review Act only applies to ``final'' rules. Accordingly, 
inclusion of the paragraph relating to the Congressional Review Act in 
the Notice of Intent was premature. Therefore, I hereby order that this 
paragraph (the fifth paragraph in the right column on page 71637 and 
continued on the top of page 71638), as well as the ``Congressional 
Review Act'' heading that precedes it, also be stricken.

    Dated: January 7, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011-683 Filed 1-10-11; 4:15 pm]
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