[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11479-11486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05002]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-436]


Schedules of Controlled Substances: Placement of 10 Synthetic 
Cathinones Into Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Drug Enforcement Administration proposes placing 10 
synthetic cathinones: 4-methyl-N-ethylcathinone (4-MEC); 4-methyl-
alpha-pyrrolidinopropiophenone (4-MePPP); alpha-
pyrrolidinopentiophenone ([alpha]-PVP); 1-(1,3-benzodioxol-5-yl)-2-
(methylamino)butan-1-one (butylone); 2-(methylamino)-1-phenylpentan-1-
one (pentedrone); 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one 
(pentylone); 4-fluoro-N-methylcathinone (4-FMC); 3-fluoro-N-
methylcathinone (3-FMC); 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-
1-one (naphyrone); alpha-pyrrolidinobutiophenone ([alpha]-PBP) and 
their optical, positional, and geometric isomers, salts and salts of 
isomers into schedule I of the Controlled Substances Act. This proposed 
scheduling action is pursuant to the Controlled Substances Act which 
requires that such actions be made on the record after opportunity for 
a hearing through formal rulemaking. If finalized, this action would 
impose the regulatory controls and administrative, civil, and criminal 
sanctions applicable to schedule I controlled substances on persons who 
handle (manufacture, distribute, import, export, engage in research, 
conduct instructional activities or chemical analysis, or possess), or 
propose to handle 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP.

DATES: Interested persons may file written comments on this proposal in 
accordance with 21 CFR 1308.43(g). Comments must be submitted 
electronically or postmarked on or before April 4, 2016. Commenters 
should be aware that the electronic Federal Docket Management System 
will not accept comments after 11:59 p.m. Eastern Time on the last day 
of the comment period.
    Interested persons, defined at 21 CFR 1300.01 as those ``adversely 
affected or aggrieved by any rule or proposed rule issuable pursuant to 
section 201 of the Act (21 U.S.C. 811),'' may file a request

[[Page 11480]]

for hearing or waiver of hearing pursuant to 21 CFR 1308.44 and in 
accordance with 21 CFR 1316.45 and/or 1316.47, as applicable. Requests 
for hearing and waivers of an opportunity for a hearing or to 
participate in a hearing must be received on or before April 4, 2016.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-436'' on all correspondence, including any 
attachments.
     Electronic comments: The Drug Enforcement Administration 
encourages that all comments be submitted electronically through the 
Federal eRulemaking Portal which provides the ability to type short 
comments directly into the comment field on the Web page or to attach a 
file for lengthier comments. Please go to http://www.regulations.gov 
and follow the online instructions at that site for submitting 
comments. Upon completion of your submission you will receive a Comment 
Tracking Number for your comment. Please be aware that submitted 
comments are not instantaneously available for public view on 
Regulations.gov. If you have received a Comment Tracking Number, your 
comment has been successfully submitted and there is no need to 
resubmit the same comment.
     Paper comments: Paper comments that duplicate the 
electronic submission are not necessary. Should you wish to mail a 
paper comment in lieu of an electronic comment, it should be sent via 
regular or express mail to: Drug Enforcement Administration, Attn: DEA 
Federal Register Representative/ODW, 8701 Morrissette Drive, 
Springfield, Virginia 22152.
     Hearing requests: All requests for hearing and waivers of 
participation must be sent to: Drug Enforcement Administration, Attn: 
Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All 
requests for hearing and waivers of participation should also be sent 
to: Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 
Morrissette Drive, Springfield, Virginia 22152; and (2) Drug 
Enforcement Administration, Attn: DEA Federal Register Representative/
ODW, 8701 Morrissette Drive, Springfield, Virginia 22152.

FOR FURTHER INFORMATION CONTACT: Barbara J. Boockholdt, Office of 
Diversion Control, Drug Enforcement Administration; Mailing Address: 
8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 
598-6812.

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments

    Please note that all comments received in response to this docket 
are considered part of the public record. They will, unless reasonable 
cause is given, be made available by the Drug Enforcement 
Administration (DEA) for public inspection online at http://www.regulations.gov. Such information includes personal identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter. The Freedom of Information Act (FOIA) applies to all 
comments received. If you want to submit personal identifying 
information (such as your name, address, etc.) as part of your comment, 
but do not want it to be made publicly available, you must include the 
phrase ``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of 
your comment. You must also place all of the personal identifying 
information you do not want made publicly available in the first 
paragraph of your comment and identify what information you want 
redacted.
    If you want to submit confidential business information as part of 
your comment, but do not want it to be made publicly available, you 
must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the 
first paragraph of your comment. You must also prominently identify 
confidential business information to be redacted within the comment.
    Comments containing personal identifying information and 
confidential business information identified as directed above will 
generally be made publicly available in redacted form. If a comment has 
so much confidential business information or personal identifying 
information that it cannot be effectively redacted, all or part of that 
comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information 
(such as name, address, and phone number) included in the text of your 
electronic submission that is not identified as directed above as 
confidential.
    An electronic copy of this document and supplemental information to 
this proposed rule are available at http://www.regulations.gov for easy 
reference.

Request for Hearing or Waiver of Participation in a Hearing

    Pursuant to 21 U.S.C. 811(a), this action is a formal rulemaking 
``on the record after opportunity for a hearing.'' Such proceedings are 
conducted pursuant to the provisions of the Administrative Procedure 
Act (APA), 5 U.S.C. 551-559. 21 CFR 1308.41-1308.45; 21 CFR part 1316, 
subpart D. In accordance with 21 CFR 1308.44 (a)-(c), requests for 
hearing, notices of appearance, and waivers of an opportunity for a 
hearing or to participate in a hearing may be submitted only by 
interested persons, defined as those ``adversely affected or aggrieved 
by any rule or proposed rule issuable pursuant to section 201 of the 
Act (21 U.S.C. 811).'' 21 CFR 1300.01. Such requests or notices must 
conform to the requirements of 21 CFR 1308.44 (a) or (b), and 1316.47 
or 1316.48, as applicable, and include a statement of interest of the 
person in the proceeding and the objections or issues, if any, 
concerning which the person desires to be heard. Any waiver must 
conform to the requirements of 21 CFR 1308.44(c) and may include a 
written statement regarding the interested person's position on the 
matters of fact and law involved in any hearing.
    Please note that pursuant to 21 U.S.C. 811(a), the purpose and 
subject matter of a hearing held in relation to this rulemaking are 
restricted to: ``(A) find[ing] that such drug or other substance has a 
potential for abuse, and (B) mak[ing] with respect to such drug or 
other substance the findings prescribed by subsection (b) of section 
812 of this title for the schedule in which such drug is to be placed . 
. .'' All requests for hearing and waivers of participation must be 
sent to the DEA using the address information provided above.

Legal Authority

    The DEA implements and enforces Titles II and III of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970, as 
amended. Titles II and III are referred to as the ``Controlled 
Substances Act'' and the ``Controlled Substances Import and Export 
Act,'' respectively, and are collectively referred to as the 
``Controlled Substances Act'' or the ``CSA'' for the purposes of this 
action. 21 U.S.C. 801-971. The DEA publishes the implementing 
regulations for these statutes in title 21 of the Code of Federal 
Regulations (CFR), chapter II. The CSA and its implementing regulations 
are designed to prevent, detect, and eliminate the diversion of 
controlled substances and listed chemicals into the illicit market 
while providing for the legitimate medical, scientific, research, and 
industrial needs of the United States. Controlled substances have the 
potential for abuse and dependence and are controlled to protect the 
public health and safety.
    Under the CSA, controlled substances are classified into one of 
five schedules

[[Page 11481]]

based upon their potential for abuse, their currently accepted medical 
use in treatment in the United States, and the degree of dependence the 
substance may cause. 21 U.S.C. 812. The initial schedules of controlled 
substances established by Congress are found at 21 U.S.C. 812(c), and 
the current list of scheduled substances is published at 21 CFR part 
1308.
    Pursuant to 21 U.S.C. 811(a)(1), the Attorney General may, by rule, 
``add to such a schedule or transfer between such schedules any drug or 
other substance if he (A) finds that such drug or other substance has a 
potential for abuse, and (B) makes with respect to such drug or other 
substance the findings prescribed by subsection (b) of section 812 of 
this title for the schedule in which such drug is to be placed . . .'' 
The Attorney General has delegated scheduling authority under 21 U.S.C. 
811 to the Administrator of the DEA. 28 CFR 0.100.
    The CSA provides that proceedings for the issuance, amendment, or 
repeal of the scheduling of any drug or other substance may be 
initiated by the Attorney General (1) on her own motion; (2) at the 
request of the Secretary of the Department of Health and Human Services 
(HHS); \1\ or (3) on the petition of any interested party. 21 U.S.C. 
811(a). This proposed action is supported by a recommendation from the 
Assistant Secretary of the HHS and an evaluation of all other relevant 
data by the DEA. If finalized, this action would impose the regulatory 
controls and administrative, civil, and criminal sanctions of schedule 
I controlled substances on any person who handles or proposes to handle 
4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-;FMC, 
3-FMC, naphyrone, or [alpha]-PBP.
---------------------------------------------------------------------------

    \1\ As discussed in a memorandum of understanding entered into 
by the Food and Drug Administration (FDA) and the National Institute 
on Drug Abuse (NIDA), the FDA acts as the lead agency within the HHS 
in carrying out the Secretary's scheduling responsibilities under 
the CSA, with the concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. The 
Secretary of the HHS has delegated to the Assistant Secretary for 
Health of the HHS the authority to make domestic drug scheduling 
recommendations. 58 FR 35460, July 1, 1993.
---------------------------------------------------------------------------

Background

    On March 7, 2014, the DEA published a final order in the Federal 
Register amending 21 CFR 1308.11(h) to temporarily place 4-methyl-N-
ethylcathinone (4-MEC); 4-methyl-alpha-pyrrolidinopropiophenone (4-
MePPP); alpha-pyrrolidinopentiophenone ([alpha]-PVP); 1-(1,3-
benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone); 2-
(methylamino)-1-phenylpentan-1-one (pentedrone); 1-(1,3-benzodioxol-5-
yl)-2-(methylamino)pentan-1-one (pentylone); 4-fluoro-N-methylcathinone 
(4-FMC); 3-fluoro-N-methylcathinone (3-FMC); 1-(naphthalen-2-yl)-2-
(pyrrolidin-1-yl)pentan-1-one (naphyrone); and alpha-
pyrrolidinobutiophenone ([alpha]-PBP) into schedule I of the CSA 
pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). 79 
FR 12938. That final order, which became effective on the date of 
publication, was based on findings by the Deputy Administrator of the 
DEA that the temporary scheduling of these 10 synthetic cathinones was 
necessary to avoid an imminent hazard to public safety pursuant to 21 
U.S.C. 811(h)(1). At the time the final order took effect, section 
201(h)(2) of the CSA (21 U.S.C. 811(h)(2)), required that the temporary 
scheduling of a substance expire at the end of two years from the date 
of issuance of the scheduling order, and it provided that, during the 
pendency of proceedings under 21 U.S.C. 811(a)(1) with respect to the 
substance, temporary scheduling of that substance could be extended for 
up to 1 year. Pursuant to 21 U.S.C. 811(h)(2), the temporary scheduling 
of 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 
3-FMC, naphyrone, and [alpha]-PBP expires on March 6, 2016, unless 
extended. An extension of the temporary order is being ordered by the 
DEA Administrator in a separate action.
    As described in the final order published on March 7, 2014, 4-MEC, 
4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, and [alpha]-PBP are structurally and pharmacologically 
similar to amphetamine, 3,4-methylenedioxymethamphetamine (MDMA), 
cathinone, and other related substances. While 4-MEC, 4-MePPP, [alpha]-
PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and 
[alpha]-PBP have been used as research chemicals and/or studied due to 
their misuse and abuse, based on the review of the scientific 
literature, there are no known currently accepted medical uses for 
these substances. The Assistant Secretary of Health for the U.S. 
Department of Health and Human Services (HHS) has advised that there 
are no exemptions or approvals in effect for 4-MEC, 4-MePPP, [alpha]-
PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, or 
[alpha]-PBP under section 505 (21 U.S.C. 355) of the Federal Food, Drug 
and Cosmetic Act. As stated by the HHS, 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP have no known accepted medical use. They are not the subject of any 
approved new drug applications (NDAs) or investigational new drug 
applications (INDs), and are not currently marketed as approved drug 
products. The HHS recommends that 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP and their salts be placed into schedule I of the Controlled 
Substances Act (CSA).

Proposed Determination To Schedule 4-MEC, 4-MePPP, [alpha]-PVP, 
Butylone, Pentedrone, Pentylone, 4-FMC, 3-FMC, Naphyrone, and [alpha]-
PBP

    Pursuant to 21 U.S.C. 811(a)(1), proceedings to add a drug or 
substance to those controlled under the CSA may be initiated by the 
Attorney General, or her delegate, the DEA Administrator. On December 
30, 2014, the DEA requested scientific and medical evaluations and 
scheduling recommendations from the Assistant Secretary of Health for 
the HHS for 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-PBP pursuant to 21 
U.S.C. 811(b). Upon receipt of the scientific and medical evaluation 
and scheduling recommendations from the HHS on March 2, 2016, the DEA 
reviewed the documents and all other relevant data, and conducted its 
own eight-factor analysis of the abuse potential of 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
and [alpha]-PBP pursuant to 21 U.S.C. 811(c). Included below is a brief 
summary of each of the eight factors as analyzed by the HHS and the 
DEA, and as considered by the DEA in its proposed scheduling action. 
Please note that both the DEA 8-Factor and the HHS 8-Factor analyses 
are available in their entirety under the tab ``Supporting Documents'' 
of the public docket for this action at http://www.regulations.gov 
under Docket Number ``DEA-436.''
    1. The Drug's Actual or Relative Potential for Abuse: The term 
``abuse'' is not defined in the CSA. However, the legislative history 
of the CSA suggests that the DEA consider the following criteria when 
determining whether a particular drug or substance has a potential for 
abuse: \2\
---------------------------------------------------------------------------

    \2\ Comprehensive Drug Abuse Prevention and Control Act of 1970, 
H.R. Rep. No. 91-1444, 91st Cong., Sess. 1 (1970); reprinted in 1970 
U.S.C.C.A.N. 4566, 4603.
---------------------------------------------------------------------------

    (a) There is evidence that individuals are taking the drug or 
drugs containing such a substance in amounts sufficient to create a 
hazard to their health or to the safety of other individuals or of 
the community; or

[[Page 11482]]

    (b) There is significant diversion of the drug or drugs 
containing such a substance from legitimate drug channels; or
    (c) Individuals are taking the drug or drugs containing such a 
substance on their own initiative rather than on the basis of 
medical advice from a practitioner licensed by law to administer 
such drugs in the course of his professional practice; or
    (d) The drug or drugs containing such a substance are new drugs 
so related in their action to a drug or drugs already listed as 
having a potential for abuse to make it likely that the drug will 
have the same potentiality for abuse as such drugs, thus making it 
reasonable to assume that there may be significant diversions from 
legitimate channels, significant use contrary to or without medical 
advice, or that it has a substantial capability of creating hazards 
to the health of the user or to the safety of the community.

As described by the HHS, the abuse potentials of 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
and [alpha]-PBP are associated with their abilities to produce 
psychoactive effects that are similar to those produced by mephedrone, 
methylone, MDPV, and other schedule I and II substances such as 
amphetamine, methamphetamine, cocaine, methcathinone, and MDMA that 
have a high potential for abuse.
    The substances 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-PBP have no approved 
medical uses in the United States and they have been encountered on the 
illicit market with adverse outcomes on the public health and safety. 
Because these substances are not approved drug products, a practitioner 
may not legally prescribe them, and they cannot be dispensed to an 
individual. Therefore, the use of these substances is without medical 
advice, leading to the conclusion that the 10 synthetic cathinones are 
being abused for their psychoactive properties. There are no legitimate 
drug channels for these synthetic cathinones as marketed drugs but the 
DEA notes that the 10 synthetic cathinones have use in scientific 
research. However, despite the limited legitimate use of these 
substances, reports from public health and law enforcement communicate 
that these substances are being abused and taken in amounts sufficient 
to create a hazard to an individual's health. This misuse is evidenced 
by emergency department admissions and deaths, representing a 
significant safety issue for those in the community. Papers published 
in the medical literature (e.g., case reports) related to 4-MEC, 4-
MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, or [alpha]-PBP describe the effects of these substances to 
be similar to those of the schedule I cathinone substances MDPV, 
mephedrone, and methylone and other stimulant and hallucinogenic 
substances to include methamphetamine, cocaine and MDMA. In particular, 
the responses in humans to the 10 synthetic cathinones are stimulant-
like and include paranoia, agitation, palpitations, tachycardia, 
hypertension, hyperthermia, and seizures. Data from forensic databases 
are used as indicators of illicit activity with drugs and abuse \3\ 
within the United States and include data from the System to Retrieve 
Information from Drug Evidence (STRIDE),\4\ STARLiMS, and the National 
Forensic Laboratory Information System (NFLIS).\5\ From January 2010 
through December 2015 (query dates: February 10 & 11, 2016), STRIDE, 
STARLiMS and NFLIS databases registered a total of 20,090 reports 
pertaining to the 10 synthetic cathinones (4-MEC--2,820 reports; 4-
MePPP--438 reports; [alpha]-PVP--13,295 reports; butylone--789 reports; 
pentedrone--1,645 reports; pentylone--411 reports; FMC--375 reports; 
naphyrone--84 reports; [alpha]-PBP--233 reports). These drug reports 
represent all of the 10 synthetic cathinones reported to these 
databases by participating DEA, State, local, and other forensic 
laboratories. Consequently, the data indicate that these substances are 
being abused, and they present safety hazards to the health of 
individuals who consume them due to their stimulant properties, making 
them a hazard to the safety of the community.
---------------------------------------------------------------------------

    \3\ While law enforcement data is not direct evidence of abuse, 
it can lead to an inference that a drug has been diverted and 
abused. See 76 FR 77330, 77332, Dec. 12, 2011.
    \4\ STRIDE was a database that collected analyses of results 
from drug evidence sent to DEA laboratories. Evidence was submitted 
by the DEA, other Federal agencies, and select local law enforcement 
agencies. On October 1, 2014, STARLiMS replaced STRIDE as the DEA 
system of record for forensic laboratory drug evidence data.
    \5\ NFLIS is a DEA program and a national forensic laboratory 
reporting system that systematically collects results from drug 
chemistry analyses conducted by state and local forensic 
laboratories in the United States. The NFLIS database also contains 
Federal data from U.S. Customs and Border Protection (CBP). NFLIS 
only includes drug chemistry results from completed analyses.
---------------------------------------------------------------------------

    2. Scientific Evidence of the Drug's Pharmacological Effects, if 
Known: Studies show that 4-MEC, 4-MePPP, [alpha]-PVP, butylone, 
pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-PBP produce 
pharmacological effects that are similar to those produced by schedule 
I and II substances such as methamphetamine, cocaine, MDMA, mephedrone, 
MDPV, and methylone. Similar to schedule I and II stimulants, the 10 
synthetic cathinone substances affect monoamine transmission. The 10 
synthetic cathinones, similar to methamphetamine, cocaine, MDMA, 
mephedrone, MDPV, methylone, and other related schedule I and II 
substances, bind to transporters for the dopamine, serotonin, and/or 
norephinephrine neurotransmitters and are uptake inhibitors of these 
neurotransmitters. Additionally, behavioral studies in animals 
demonstrate that the 10 synthetic cathinones produce locomotor behavior 
and discriminative stimulus effects that are similar to those of the 
schedule I and II substances methamphetamine and cocaine. Furthermore, 
the 10 synthetic cathinone produce rewarding properties as demonstrated 
in self-administration and conditioned place preference (CPP) studies. 
Drugs that have rewarding effects in animals are likely to produce 
rewarding effects in humans, which is indicative of abuse potential. 
Overall, these data indicate that the 10 synthetic cathinones produce 
pharmacological effects and stimulant-like behaviors that are similar 
to those of the schedule I substances (MDMA, mephedrone, MDPV, 
methylone), as well as the schedule II stimulants (methamphetamine and 
cocaine).
    3. The State of Current Scientific Knowledge Regarding the Drug or 
Other Substance: 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-PBP are synthetic 
cathinones ([beta]-keto-phenethylamines) of the larger phenethylamine 
structural class (amphetamines, cathinones, 2C compounds, aminoindanes, 
etc.). These substances share the core phenethylamine structure with a 
keto functional group [carbonyl (C=O)] at the [beta]-position and 
substitutions at the [alpha]-position and on the phenyl ring and 
nitrogen atom. Available data demonstrate that 4-MEC, 4-MePPP, [alpha]-
PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and 
[alpha]-PBP are [beta]-ketophenethylamines (i.e., synthetic cathinones) 
and are structurally and pharmacologically similar to amphetamine, 
MDMA, cathinone, mephedrone, methylone, MDPV, and other related 
substances. Metabolism studies demonstrate that humans metabolize 
synthetic cathinones to their corresponding amphetamines followed by 
reduction of the beta-keto group to the corresponding alcohol. 
According to the HHS, 4-MEC, 4-MePPP, [alpha]-PVP, butylone, 
pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone,

[[Page 11483]]

and [alpha]-PBP have no known accepted medical use. They are not the 
subject of any approved new drug applications (NDAs) or investigational 
new drug applications (INDs), and are not currently marketed as 
approved drug products in the U.S or in any other country. The HHS also 
states that there are no reported clinical trials with the 10 synthetic 
cathinones. Accordingly, the DEA is not aware of any accepted medical 
use for 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 
4-FMC, 3-FMC, naphyrone, and [alpha]-PBP in the United States. In 
addition, although the chemistry of 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP is known and has been reproduced, no studies have been undertaken 
to evaluate the efficacy, toxicology, and safety of these substances in 
humans.
    4. Its History and Current Pattern of Abuse: 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
and [alpha]-PBP are synthetic cathinones that emerged on the U.S. 
illicit drug market around the time of the scheduling of mephedrone, 
methylone, and MDPV on October 21, 2011. These synthetic cathinone 
substances, like the schedule I synthetic cathinones (mephedrone, 
methylone, and MDPV), are promoted as being `legal' alternatives to 
cocaine, methamphetamine, and MDMA. As reported in the medical 
literature, synthetic cathinones can induce stimulant effects, 
especially under high dose conditions, including tachycardia, 
palpitations, hypertension, tremor, seizures, hallucinations, paranoia, 
delusions, hyperthermia, sweating, headache, hyponatremia, and 
rhabdomyolysis. Products that contain 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP are falsely marketed as ``research chemicals,'' ``jewelry 
cleaner,'' ``stain remover,'' ``plant food or fertilizer,'' ``insect 
repellants,'' or ``bath salts'' and are sold at smoke shops, head 
shops, convenience stores, adult book stores, and gas stations. They 
can also be purchased on the Internet under a variety of product names 
(e.g., ``White Dove,'' ``Explosion,'' ``Tranquility''). They are 
commonly encountered in the form of powders, crystals, resins, tablets, 
and capsules. The packages of these commercial products usually contain 
the warning ``not for human consumption.'' Information from published 
scientific studies indicate that the most common routes of 
administration for synthetic cathinone substances is ingestion by 
swallowing capsules or tablets, or nasal insufflation by snorting the 
powder tablets. Evidence from poison centers and published reports 
suggest that the main users of methylone are young adults. There is 
evidence that these synthetic cathinone substances are ingested with 
other substances including other synthetic cathinones, common cutting 
agents, or other recreational substances.
    5. The Scope, Duration, and Significance of Abuse: 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
and [alpha]-PBP, like mephedrone, methylone, and MDPV, are popular 
recreational drugs. Evidence that these synthetic cathinone substances 
are being abused and trafficked is confirmed by law enforcement 
encounters of these substances and reports from national databases. 
Forensic laboratories have analyzed drug exhibits received from state, 
local, or Federal law enforcement agencies that were found to contain 
4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-
FMC, naphyrone, or [alpha]-PBP. NFLIS registered over 17,000 reports 
from State, local, and other forensic laboratories identifying these 
substances in drug-related reports for the period from January 2010 to 
December 2015 from 47 states. STRIDE & STARLiMS registered over 2,000 
reports from DEA forensic laboratories from January 2010 to December 
2015. Encounters of 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-PBP by law enforcement 
have occurred in several states. Additionally, large seizures of these 
substances have occurred by the U.S. Customs and Border Protection 
(CBP). Concerns over the abuse of these synthetic cathinone substances 
have prompted many States to regulate them. These data demonstrate that 
4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-
FMC, naphyrone, and [alpha]-PBP have a scope, duration, and 
significance of abuse that supports scheduling under the CSA.
    6. What, if Any, Risk There is to the Public Health: Available 
evidence on the overall public health risks associated with the use of 
synthetic cathinones indicates that 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP can cause acute health problems leading to emergency department 
(ED) admissions, violent behaviors causing harm to self or others, or 
death. Law enforcement, forensic laboratories, case reports, and public 
health officials have reported toxic exposure to some of the 10 
synthetic cathinones that demonstrate the public health risks 
associated with these substances. Serious adverse effects have resulted 
in documented hospital ED admissions from the ingestion of butylone, 4-
FMC, or naphyrone. Individuals under the influence of 4-MEC or [alpha]-
PVP have acted violently and unpredictably causing harm, or even death, 
to themselves or others. Butylone has been directly implicated in two 
fatalities reported in the medical literature. Other synthetic 
cathinones, such as [alpha]-PVP, pentedrone, and pentylone, have also 
been implicated in the deaths of individuals. Acute effects of these 
substances are those typical of a sympathomimeticagent (e.g., cocaine, 
methamphetamine, amphetamine) and include among other effects 
tachycardia, headache, palpitations, agitation, anxiety, mydriasis, 
tremor, fever or sweating, and hypertension. Other effects, with 
possible public health risk implications, that have been reported from 
the use of synthetic cathinone substances include psychological effects 
such as psychosis, paranoia, hallucinations, and agitation. Finally, 
the possibility of death for individuals abusing 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
and [alpha]-PBP also indicates that these substances pose a serious 
public health threat. In addition to the recognized harm from ingesting 
and abusing synthetic cathinones, abusers risk harm when they obtain 
these drugs through unknown sources. Products containing these 
synthetic cathinone substances often do not bear labeling information 
regarding their ingredients and if they do, they may not contain the 
expected active ingredients or identify the health risks and potential 
hazards associated with these products. Thus, the limited knowledge 
about product contents, its purity and lack of information about its 
effects may pose another level of risk to users.
    7. Its Psychic or Physiological Dependence Liability: The DEA is 
unaware of any clinical studies that have evaluated the dependence 
potential of 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP; however, according 
to the HHS, synthetic cathinones have rewarding properties in rodents 
similar to those of schedule II stimulants. Generally, there is a 
strong correlation between drugs that serve as reinforcers in animals, 
and drugs associated with problems of addiction, dependence, or abuse 
by humans. In a self-administration study,

[[Page 11484]]

[alpha]-PVP and pentedrone were self-administered by rodents. In the 
intracranial self-stimulation (ICSS) assay, [alpha]-PVP and 4-MEC 
significantly reduced the ICSS threshold compared to vehicle control. 
In drug discrimination studies, all 10 synthetic cathinone substances 
fully generalize to the discriminative stimulus effects produced by the 
schedule II stimulants--cocaine and methamphetamine. In conditioned 
place preference (CPP) studies, [alpha]-PBP, [alpha]-PVP, and 
pentedrone produce CPP in rodents. Thus, these data indicate that 4-
MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-
FMC, naphyrone, and [alpha]-PBP have behavioral and rewarding 
properties in rodents similar to those of schedule II stimulants and, 
consequently, psychic dependence on these substances can develop and 
may contribute to the continued use among individuals who abuse them 
despite their adverse consequences.
    8. Whether the Substance is an Immediate Precursor of a Substance 
Already Controlled Under the CSA: 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP are not considered immediate precursors of any controlled substance 
of the CSA.
    Conclusion: After considering the scientific and medical evaluation 
conducted by the HHS, the HHS's recommendation, and the DEA's own 
eight-factor analysis, the DEA finds that the facts and all relevant 
data constitute substantial evidence of the potential for abuse of 4-
MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-
FMC, naphyrone, and [alpha]-PBP. As such, the DEA hereby proposes to 
schedule 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 
4-FMC, 3-FMC, naphyrone, and [alpha]-PBP as controlled substances under 
the CSA.

Proposed Determination of Appropriate Schedule

    The CSA establishes five schedules of controlled substances known 
as schedules I, II, III, IV, and V. The CSA also outlines the findings 
required to place a drug or other substance in any particular schedule. 
21 U.S.C. 812(b). After consideration of the analysis and 
recommendation of the Assistant Secretary for the HHS and review of all 
other available data, the Administrator of the DEA, pursuant to 21 
U.S.C. 811(a) and 21 U.S.C. 812(b)(1), finds that:

    1. 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 
4-FMC, 3-FMC, naphyrone, and [alpha]-PBP have a high potential for 
abuse that is comparable to other schedule I and schedule II 
substances such as mephedrone, methylone, MDPV, methcathinone, MDMA, 
amphetamine, methamphetamine, and cocaine;
    2. 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 
4-FMC, 3-FMC, naphyrone, and [alpha]-PBP have no currently accepted 
medical use in treatment in the United States; and
    3. There is a lack of accepted safety for use of 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, and [alpha]-PBP under medical supervision.

    Based on these findings, the Administrator of the DEA concludes 
that 4-methyl-N-ethylcathinone (4-MEC); 4-methyl-alpha-
pyrrolidinopropiophenone (4-MePPP); alpha-pyrrolidinopentiophenone 
([alpha]-PVP); 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one 
(butylone); 2-(methylamino)-1-phenylpentan-1-one (pentedrone); 1-(1,3-
benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone); 4-fluoro-N-
methylcathinone (4-FMC); 3-fluoro-N-methylcathinone (3-FMC); 1-
(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone); alpha-
pyrrolidinobutiophenone ([alpha]-PBP) and their optical, positional, 
and geometric isomers, salts and salts of isomers, warrant control in 
schedule I of the CSA. 21 U.S.C. 812(b)(1).

Requirements for Handling 4-MEC, 4-MePPP, [alpha]-PVP, Butylone, 
Pentedrone, Pentylone, 4-FMC, 3-FMC, Naphyrone, and [alpha]-PBP

    If this rule is finalized as proposed, 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, and [alpha]-
PBP would continue \6\ to be subject to the regulatory controls and 
administrative, civil, and criminal sanctions applicable to the 
manufacture, distribution, possession, importing, research, conduct of 
instructional activities, and exporting of schedule I controlled 
substances, including the following:
---------------------------------------------------------------------------

    \6\ 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP are currently 
subject to schedule I controls on a temporary basis, pursuant to 21 
U.S.C. 811(h). 79 FR 12938, Mar. 7, 2014.
---------------------------------------------------------------------------

    1. Registration. Any person who handles (manufactures, distributes, 
dispenses, imports, exports, engages in research, conducts 
instructional activities or chemical analysis with, or possesses) 4-
MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-
FMC, naphyrone, or [alpha]-PBP, or who desires to handle 4-MEC, 4-
MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, or [alpha]-PBP would be required to be registered with the 
DEA to conduct such activities pursuant to 21 U.S.C. 822, 823, 957, and 
958, and in accordance with 21 CFR parts 1301 and 1312.
    2. Security. 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP would be subject to 
schedule I security requirements and would need to be handled and 
stored pursuant to 21 U.S.C. 821 and 823, and in accordance with 21 CFR 
1301.71-1301.93.
    3. Labeling and Packaging. All labels, labeling, and packaging for 
commercial containers of 4-MEC, 4-MePPP, [alpha]-PVP, butylone, 
pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP would 
need to be in compliance with 21 U.S.C. 825 and 958(e), and be in 
accordance with 21 CFR part 1302.
    4. Quota. Only registered manufacturers would be permitted to 
manufacture 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP in accordance with a 
quota assigned pursuant to 21 U.S.C. 826, and in accordance with 21 CFR 
part 1303.
    5. Inventory. Any person who becomes registered with the DEA on or 
after the effective date of the final rule must take an initial 
inventory of all stocks of controlled substances (including 4-MEC, 4-
MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, and [alpha]-PBP) on hand on the date the registrant first 
engages in the handling of controlled substances pursuant to 21 U.S.C. 
827 and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 
1304.11.
    After the initial inventory, every DEA registrant must take a new 
inventory of all stocks of controlled substances (including 4-MEC, 4-
MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, and [alpha]-PBP) on hand every two years pursuant to 21 
U.S.C. 827 and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 
1304.11.
    6. Records and Reports. Every DEA registrant would be required to 
maintain records and submit reports with respect to 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
and/ or [alpha]-PBP pursuant to 21 U.S.C. 827 and 958(e), and in 
accordance with 21 CFR parts 1304 and 1312.
    7. Order Forms. Every DEA registrant who distributes 4-MEC, 4-
MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, 
naphyrone, or [alpha]-PBP would be required to comply with the order 
form requirements, pursuant to 21 U.S.C. 828, and 21 CFR part 1305.
    8. Importation and Exportation. All importation and exportation of 
4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-
FMC,

[[Page 11485]]

naphyrone, or [alpha]-PBP would need to be in compliance with 21 U.S.C. 
952, 953, 957, and 958, and in accordance with 21 CFR part 1312.
    9. Liability. Any activity involving 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-
PBP not authorized by, or in violation of, the CSA or its implementing 
regulations would be unlawful, and could subject the person to 
administrative, civil, and/ or criminal sanctions.

Regulatory Analyses

Executive Orders 12866 and 13563

    In accordance with 21 U.S.C. 811(a), this proposed scheduling 
action is subject to formal rulemaking procedures done ``on the record 
after opportunity for a hearing,'' which are conducted pursuant to the 
provisions of 5 U.S.C. 556 and 557. The CSA sets forth the criteria for 
scheduling a drug or other substance. Such actions are exempt from 
review by the Office of Management and Budget (OMB) pursuant to section 
3(d)(1) of Executive Order 12866 and the principles reaffirmed in 
Executive Order 13563.

Executive Order 12988

    This proposed regulation meets the applicable standards set forth 
in sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

Executive Order 13132

    This proposed rulemaking does not have federalism implications 
warranting the application of Executive Order 13132. The proposed rule 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or the 
distribution of power and responsibilities among the various levels of 
government.

Executive Order 13175

    This proposed rule does not have tribal implications warranting the 
application of Executive Order 13175. It does not have substantial 
direct effects on one or more Indian tribes, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.

Regulatory Flexibility Act

    The Administrator, in accordance with the Regulatory Flexibility 
Act (RFA), 5 U.S.C. 601-602, has reviewed this proposed rule and by 
approving it, certifies that it will not have a significant economic 
impact on a substantial number of small entities. On March 7, 2014, the 
DEA published a final order to temporarily place 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
and [alpha]-PBP into schedule I of the CSA pursuant to the temporary 
scheduling provisions of 21 U.S.C. 811(h). The DEA estimates that all 
entities handling or planning to handle 4-MEC, 4-MePPP, [alpha]-PVP, 
butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-
PBP are currently registered to handle these substances. There are 
currently 43 registrations authorized to handle 4-MEC, 4-MePPP, 
[alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-FMC, naphyrone, 
or [alpha]-PBP, as well as a number of registered analytical labs that 
are authorized to handle schedule I controlled substances generally. 
These 43 registrations represent 31 entities, of which 11 are small 
entities. Therefore, the DEA estimates that 11 small entities are 
affected by this proposed rule.
    A review of the 43 registrations indicates that all entities that 
currently handle 4-MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, 
pentylone, 4-FMC, 3-FMC, naphyrone, or [alpha]-PBP also handle other 
schedule I controlled substances, and have established and implemented 
(or currently maintain) the systems and processes required to handle 4-
MEC, 4-MePPP, [alpha]-PVP, butylone, pentedrone, pentylone, 4-FMC, 3-
FMC, naphyrone, or [alpha]-PBP. Therefore, the DEA anticipates that 
this proposed rule will impose minimal or no economic impact on any 
affected entities; and thus, will not have a significant economic 
impact on any of the 11 affected small entities. Therefore, the DEA has 
concluded that this proposed rule will not have a significant effect on 
the small entities.

Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 
2 U.S.C. 1501 et seq., the DEA has determined and certifies that this 
action would not result in any Federal mandate that may result ``in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100,000,000 or more (adjusted for 
inflation) in any one year . . .'' Therefore, neither a Small 
Government Agency Plan nor any other action is required under UMRA of 
1995.

Paperwork Reduction Act of 1995

    This action does not impose a new collection of information under 
the Paperwork Reduction Act of 1995. 44 U.S.C. 3501-3521. This action 
would not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, 
Reporting and recordkeeping requirements.

    For the reasons set out above, 21 CFR part 1308 is proposed to be 
amended to read as follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
1. The authority citation for 21 CFR part 1308 continues to read as 
follows:

    Authority:  21 U.S.C. 811, 812, 871(b), unless otherwise noted.
0
2. In Sec.  1308.11:
0
a. Add paragraphs (d)(58) through (d)(67);
0
b. Remove paragraphs (h)(11) through (h)(20),
0
c. Redesignate paragraphs (h)(21) through (h)(25) as (h)(11) through 
(h)(15);
    The additions to read as follows:


Sec.  1308.11  Schedule I.

* * * * *
    (d) * * *

(58) 4-methyl-N-ethylcathinone (4MEC)..........................   (1249)
(59) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP).........   (7498)
(60) alpha-pyrrolidinopentiophenone ([alpha]-PVP)..............   (7545)
(61) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one          (7541)
 (butylone, bk-MB..............................................
(62) 2-(methylamino)-1-phenylpentan-1-one (pentedrone).........   (1246)
(63) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one         (7542)
 (pentylone, bk-MBDP)..........................................
(64) 4-fluoro-N-methylcathinone (4-FMC; flephedrone)...........   (1238)
(65) 3-fluoro-N-methylcathinone (3-FMC)........................   (1233)
(66) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one          (1258)
 (naphyrone)...................................................
(67) alpha-pyrrolidinobutiophenone.............................   (7546)
 

* * * * *


[[Page 11486]]


    Dated: March 2, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-05002 Filed 3-3-16; 8:45 am]
 BILLING CODE 4410-09-P