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Rule2026-19231

Schedules of Controlled Substances: Placement of Diphenidine in Schedule I

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Published
September 21, 2026
Effective
October 21, 2026

Issuing agencies

Justice DepartmentDrug Enforcement Administration

Abstract

With the issuance of this final rule, the Drug Enforcement Administration places the substance diphenidine (1-(1,2- diphenylethyl)piperidine), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule I of the Controlled Substances Act. This action is being taken, in part, to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. This action imposes the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle diphenidine.

Full Text

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<title>Federal Register, Volume 91 Issue 181 (Monday, September 21, 2026)</title>
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[Federal Register Volume 91, Number 181 (Monday, September 21, 2026)]
[Rules and Regulations]
[Pages 59695-59698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19231]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 91, No. 181 / Monday, September 21, 2026 / 
Rules and Regulations

[[Page 59695]]



DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-1155]


Schedules of Controlled Substances: Placement of Diphenidine in 
Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule.

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SUMMARY: With the issuance of this final rule, the Drug Enforcement 
Administration places the substance diphenidine (1-(1,2-
diphenylethyl)piperidine), including its salts, isomers, and salts of 
isomers whenever the existence of such salts, isomers, and salts of 
isomers is possible, in schedule I of the Controlled Substances Act. 
This action is being taken, in part, to enable the United States to 
meet its obligations under the 1971 Convention on Psychotropic 
Substances. This action imposes the regulatory controls and 
administrative, civil, and criminal sanctions applicable to schedule I 
controlled substances on persons who handle (manufacture, distribute, 
reverse distribute, import, export, engage in research, conduct 
instructional activities or chemical analysis with, or possess) or 
propose to handle diphenidine.

DATES: Effective date: October 21, 2026.

FOR FURTHER INFORMATION CONTACT: Dr. Terrence L. Boos, Drug and 
Chemical Evaluation Section, Diversion Control Division, Drug 
Enforcement Administration; Telephone: (571) 362-3249.

SUPPLEMENTARY INFORMATION: In this final rule, the Drug Enforcement 
Administration (DEA) permanently schedules diphenidine (1-(1,2-
diphenylethyl)piperidine) in schedule I of the Controlled Substances 
Act (CSA), including its salts, isomers, and salts of isomers whenever 
the existence of such salts, isomers, and salts of isomers is possible 
within the specific chemical designation.

Legal Authority

    The United States is a party to the 1971 United Nations Convention 
on Psychotropic Substances (1971 Convention), Feb. 21, 1971, 32 U.S.T. 
543, 1019 U.N.T.S. 175, as amended. Procedures respecting changes in 
drug schedules under the 1971 Convention are governed domestically by 
21 U.S.C. 811(d)(2)-(4). When the United States receives notification 
of a scheduling decision pursuant to Article 2 of the 1971 Convention 
indicating that a drug or other substance has been added to a schedule 
specified in the notification, the Secretary of Health and Human 
Services (Secretary),\1\ after consultation with the Attorney General, 
shall first determine whether existing legal controls under subchapter 
I of the CSA and the Federal Food, Drug, and Cosmetic Act meet the 
requirements of the schedule specified in the notification with respect 
to the specific drug or substance.\2\ In the event that the Secretary 
did not so consult with the Attorney General, and the Attorney General 
did not issue a temporary order, as provided under 21 U.S.C. 811(d)(4), 
the procedures for permanent scheduling set forth in 21 U.S.C. 811(a) 
and (b) control.
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    \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), FDA acts as the lead agency within HHS in 
carrying out the Secretary's scheduling responsibilities under the 
CSA, with the concurrence of NIDA. Memorandum of Understanding with 
the National Institute on Drug Abuse, 50 FR 9518 (Mar. 8, 1985). The 
Secretary has delegated to the Assistant Secretary for Health of HHS 
(Assistant Secretary) the authority to make domestic drug scheduling 
recommendations. Comprehensive Drug Abuse Prevention and Control Act 
of 1970, Public Law 91-513, As Amended; Delegation of Authority, 58 
FR 35460 (July 1, 1993).
    \2\ 21 U.S.C. 811(d)(3).
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    Pursuant to 21 U.S.C. 811(a)(1) and (2), the Attorney General (as 
delegated to the Administrator of DEA pursuant to 28 CFR 0.100) may, by 
rule, and upon the recommendation of the Secretary, add to such a 
schedule or transfer between such schedules any drug or other 
substance, if he finds that such drug or other substance has a 
potential for abuse, and makes with respect to such drug or other 
substance the findings prescribed by 21 U.S.C. 812(b) for the schedule 
in which such drug or other substance is to be placed.

Background

    Diphenidine (1-(1,2-diphenylethyl)piperidine) is a dissociative 
hallucinogen of the 1,2-diarylethylamine class that has been identified 
in the United States' illicit drug market. It was first synthesized in 
1924 but not encountered for recreational use until 2014. Diphenidine 
has no approved medical use in the United States.
    On June 10, 2021, the Secretary-General of the United Nations 
advised the Secretary of State of the United States that the Commission 
on Narcotic Drugs (CND), during its 64th Session in April 2021, voted 
to place diphenidine in Schedule II of the 1971 Convention (CND 
Decision 64/5). As a signatory to the 1971 Convention, the United 
States is required, by scheduling under the CSA, to place appropriate 
controls on diphenidine to meet the minimum requirements of the treaty.
    Because the procedures in 21 U.S.C. 811(d)(3) and (4) for 
consultation and issuance of a temporary order for diphenidine, 
discussed in the above legal authority section, were not followed, DEA 
is utilizing the procedures for permanent scheduling set forth in 21 
U.S.C. 811(a) and (b) to control diphenidine. Such scheduling would 
satisfy the United States' international obligations.

DEA and HHS Eight-Factor Analyses

    On November 26, 2022, in accordance with 21 U.S.C. 811(b), and in 
response to DEA's January 24, 2022, request, the Department of Health 
and Human Services (HHS) provided to DEA a scientific and medical 
evaluation and scheduling recommendation for diphenidine. DEA reviewed 
the scientific and medical evaluation and scheduling recommendation for 
schedule I placement provided by HHS, and all other relevant data, 
pursuant to 21 U.S.C. 811(b) and (c), and conducted its own analysis 
under the eight factors stipulated in 21 U.S.C. 811(c). DEA found, 
under 21 U.S.C. 812(b)(1), that this substance warrants control in 
schedule I. Both DEA's and HHS' Eight-Factor analyses are available in 
their entirety under the tab Supporting Documents of the public docket 
for this action at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under docket number 
DEA1155.

[[Page 59696]]

Notice of Proposed Rulemaking To Schedule Diphenidine

    On May 26, 2026, DEA published a notice of proposed rulemaking 
(NPRM) to permanently control diphenidine in schedule I.\3\ 
Specifically, DEA proposed to add diphenidine to the list of 
hallucinogenic substances under 21 CFR 1308.11(d). The NPRM provided an 
opportunity for interested persons to file a request for hearing in 
accordance with DEA's regulations on or before June 25, 2026. DEA did 
not receive any requests for such a hearing. The NPRM also provided an 
opportunity for interested persons to submit comments on or before June 
25, 2026.
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    \3\ Schedules of Controlled Substances: Placement of Diphenidine 
in Schedule I, 91 FR 30519 (May 26, 2026).
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Comments Received

    DEA received two comments from individuals in response to the NPRM 
for the placement of diphenidine into schedule I of the CSA. One 
commenter supported the placement of diphenidine in schedule I of the 
CSA, whereas the second commenter was against the placement of 
diphenidine in schedule I of the CSA.
    Support of Rulemaking: DEA received one comment in support of the 
placement of diphenidine in schedule I.
    DEA Response: DEA appreciates the comment in support of this 
rulemaking.
    Opposition to Rulemaking: The other commenter recognized concerns 
regarding misuse and public safety related to diphenidine, while 
asserting that placing diphenidine in schedule I may discourage further 
scientific and medical research with diphenidine. The commenter 
suggested that DEA consider a less restrictive schedule that ``would 
maintain regulatory oversight while facilitating legitimate scientific 
research.''
    DEA Response: DEA appreciates this comment and would like to 
provide further clarification regarding the control of diphenidine. 
Diphenidine has been placed under international control. In order to 
comply with treaty obligations, DEA must place diphenidine under the 
most appropriate schedule, taking into consideration all appropriate 
scientific data. Additionally, as set forth in the NPRM, diphenidine 
has no currently accepted medical use in treatment in the United 
States. Therefore, diphenidine must be placed in schedule I of the CSA 
along with other substances which have no currently accepted medical 
use, lack accepted safety for use under medical supervision, and 
possess a high potential for abuse. With respect to research for 
potential medical use, the placement of substances in schedule I of the 
CSA does not preclude research on these substances.\4\ Those wishing to 
conduct research on schedule I substances may do so by registering with 
the DEA.\5\
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    \4\ 21 U.S.C. 822(h); 21 U.S.C. 823(g)(2)(A); 21 U.S.C. 823(n). 
Of note, the potential impact a proposed rule may have on current or 
future research opportunities has no bearing on whether a substance 
meets the three statutory criteria for placement in schedule I of 
the CSA. See also See Grinspoon v. Drug Enforcement Admin., 828 F.2d 
881, 897 (1st Cir. 1987) (concluding that ``Congress has already 
weighed the costs and benefits of legitimate research on dangerous 
drugs and has determined, in a categorical manner, that if the three 
Schedule I criteria are satisfied, then the substance should be 
subject to Schedule I controls even if this action will create 
administrative and other burdens for researchers'' (citation 
omitted)).
    \5\ See, <a href="https://apps.deadiversion.usdoj.gov/webforms2/spring/login?execution=e1s1">https://apps.deadiversion.usdoj.gov/webforms2/spring/login?execution=e1s1</a>.
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Scheduling Conclusion

    After consideration of the public comments, the scientific and 
medical evaluation and accompanying scheduling recommendations from 
HHS, and its own eight-factor evaluation, DEA finds that these facts 
and all relevant data constitute substantial evidence of potential for 
abuse of diphenidine. As such, DEA is permanently scheduling 
diphenidine as a controlled substance under schedule I of the CSA. The 
permanent scheduling of diphenidine fulfills the United States' 
obligations as a party to the 1971 Convention.

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, 
per 21 U.S.C. 812(b). After consideration of the analysis and 
recommendation of the then-Assistant Secretary for Health of HHS and 
review of all other available data, the Administrator of DEA, pursuant 
to 21 U.S.C. 812(b)(1), finds that:
    (1) Diphenidine's pharmacological profile, including its high 
binding affinity and function as an antagonist at the N-methyl-D-
aspartate (NMDA) receptor, is indicative that it has a high potential 
for abuse. Binding and antagonism to the NMDA receptor are also 
characteristic of and believed to be important in the subjective and 
mind-altering effects of other dissociative drugs, such as MXE, PCP, 
and ketamine, all known drugs that are abused. Published case reports 
support that the subjective effects and use patterns are similar to 
other NMDA receptor antagonists that have known high abuse.
    (2) Diphenidine is not legally marketed in the United States. As 
noted in the HHS's review, diphenidine is not FDA-approved for any 
indication. There are no known medically approved uses worldwide at 
this time. There is no evidence that diphenidine has a currently 
accepted medical use in treatment in the United States.\6\
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    \6\ Pursuant to 21 U.S.C. 812(b)(1)(B), when placing a drug or 
other substance in schedule I, DEA must consider whether the 
substance has a currently accepted medical use in treatment in the 
United States. First, DEA looks to whether the drug or substance has 
FDA approval. When no FDA approval exists, DEA has traditionally 
applied a five-part test to determine whether a drug or substance 
has a currently accepted medical use: (1) the drug's chemistry must 
be known and reproducible; (2) there must be adequate safety 
studies; (3) there must be adequate and well-controlled studies 
proving efficacy; (4) the drug must be accepted by qualified 
experts; and (5) the scientific evidence must be widely available. 
See Marijuana Scheduling Petition; Denial of Petition; Remand, 57 FR 
10499 (Mar. 26, 1992), pet. for rev. denied, Alliance for Cannabis 
Therapeutics v. Drug Enforcement Admin., 15 F.3d 1131, 1135 (D.C. 
Cir. 1994). DEA and HHS applied the traditional five-part test for 
currently accepted medical use in this matter and concluded the test 
was not satisfied. In a published letter in a different context, HHS 
applied an additional two-part test to determine currently accepted 
medical use for substances that do not satisfy the five-part test: 
(1) whether there exists widespread, current experience with medical 
use of the substance by licensed health care practitioners operating 
in accordance with implemented jurisdiction-authorized programs, 
where medical use is recognized by entities that regulate the 
practice of medicine, and, if so, (2) whether there exists some 
credible scientific support for at least one of the medical 
conditions for which part (1) is satisfied. On April 11, 2024, the 
Department of Justice's Office of Legal Counsel (OLC) issued an 
opinion, which, among other things, concluded that HHS' two-part 
test would be sufficient to establish that a drug has a currently 
accepted medical use. Office of Legal Counsel, Memorandum for 
Merrick B. Garland, Attorney General, Re: Questions Related to the 
Potential Rescheduling of Marijuana at 3 (April 11, 2024). For 
purposes of this final rule, there is no evidence that health care 
providers have widespread experience with medical use of diphenidine 
or that the use of diphenidine is recognized by entities that 
regulate the practice of medicine, so the two-part test also is not 
satisfied.
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    (3) Because diphenidine has no approved medical use and has not 
been thoroughly investigated as a new drug, its safety for use under 
medical supervision is not determined. Thus, there is a lack of 
accepted safety for use of this substance under medical supervision.
    Based on these findings, the Administrator of DEA concludes that 
diphenidine, as well as its salts, isomers, and salts of isomers 
whenever the existence of such salts, isomers, and salts of isomers is 
possible, warrants control in schedule I of the CSA.

[[Page 59697]]

Requirements for Handling Diphenidine

    Diphenidine is subject to the CSA's schedule I regulatory controls 
and administrative, civil, and criminal sanctions applicable to the 
manufacture, distribution, reverse distribution, import, export, 
engagement in research, conduct instructional activities or chemical 
analysis with, and possession of, schedule I controlled substances, 
including the following:
    1. Registration. Any person who handles (manufactures, distributes, 
reverse distributes, imports, exports, engages in research, or conducts 
instructional activities or chemical analysis with, or possesses), or 
who desires to handle, diphenidine must register with 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.
    Any person who currently handles diphenidine and is not registered 
with DEA must submit an application for registration and may not 
continue to handle diphenidine, unless DEA has approved that 
application for registration pursuant to 21 U.S.C. 822, 823, 957, 958, 
and in accordance with 21 CFR parts 1301 and 1312.
    Notwithstanding the foregoing, pursuant to 21 U.S.C. 822(h), if, on 
October 21, 2026, a person is conducting research on diphenidine and is 
already registered to conduct research with another controlled 
substance in schedule I, the person may continue to conduct research on 
diphenidine if they submit a completed application for registration or 
modification of existing registration, as applicable, to conduct 
research with diphenidine not later than 90 calendar days after the 
date of effectuation of the final rule. The person may continue to 
conduct such research until the person withdraws the application or the 
Administrator serves on the person an order to show cause proposing 
denial of the application pursuant to 21 U.S.C. 824(c) and in 
accordance with 21 CFR 1301.37. If the Administrator serves an order to 
show cause proposing denial of the application or modification, the 
person may not continue to conduct research with diphenidine and may 
not receive or otherwise obtain additional diphenidine. If an order to 
show cause is served and the person requests a hearing in accordance 
with 21 CFR 1301.37(d), the hearing shall be held in accordance with 21 
CFR 1301.41-1301.46 on an expedited basis and not later than 45 
calendar days after the request is made, except that the hearing may be 
held at a later time if so requested by the person. If the person sends 
a copy of the application to a manufacturer or distributor of 
diphenidine, receipt of the copy by the manufacturer or distributor 
constitutes sufficient evidence that the person is authorized to 
receive diphenidine pursuant to 21 U.S.C. 822(h)(4). Continuation of 
research under 21 U.S.C. 822(h) does not authorize any other handling 
(e.g., distribution) of diphenidine.
    Retail sales of schedule I controlled substances to the general 
public are not allowed under the CSA. Possession of any quantity in a 
manner not authorized by the CSA is unlawful and those in possession of 
any quantity may be subject to prosecution pursuant to the CSA.
    2. Disposal of Stocks. Any person unwilling or unable to obtain a 
schedule I registration must surrender or transfer all quantities of 
currently held diphenidine to a person registered with DEA before the 
effective date of the final scheduling action in accordance with all 
applicable Federal, State, local, and Tribal laws. Diphenidine must be 
disposed of in accordance with 21 CFR part 1317, in addition to all 
other applicable Federal, State, local, and Tribal laws.
    3. Security. Diphenidine is subject to schedule I security 
requirements and must be handled and stored pursuant to 21 U.S.C. 823, 
and in accordance with 21 CFR 1301.71-1301.76. Non-practitioners 
handling diphenidine must comply with the employee screening 
requirements of 21 CFR 1301.90-1301.93.
    4. Labeling and Packaging. All labels, labeling, and packaging for 
commercial containers of diphenidine must comply with 21 U.S.C. 825 and 
be in accordance with 21 CFR part 1302.
    5. Quota. Generally, only registered manufacturers are permitted to 
manufacture diphenidine in accordance with a quota assigned pursuant to 
21 U.S.C. 826, and in accordance with 21 CFR part 1303.
    6. Inventory. Every DEA registrant who possesses any quantity of 
diphenidine must take an inventory of diphenidine on hand, pursuant to 
21 U.S.C. 827 and 958, and in accordance with 21 CFR 1304.03, 1304.04, 
and 1304.11(a) and (d).
    Any person who registers with DEA must take an initial inventory of 
all stocks of controlled substances (including diphenidine) 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(a) and (b).
    After the initial inventory, every DEA registrant must take an 
inventory of all controlled substances (including diphenidine) on hand 
every two years, pursuant to 21 U.S.C. 827 and 958(e), and in 
accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
    7. Records and Reports. Every DEA registrant must maintain records 
and submit reports for diphenidine, or products containing diphenidine, 
pursuant to 21 U.S.C. 827, 832(a), and 958(e), and in accordance with 
21 CFR 1301.74(b) and (c), 1301.76(b), and parts 1304, 1312 and 1317. 
Manufacturers and distributors must submit reports regarding 
diphenidine to the Automation of Reports and Consolidated Orders System 
pursuant to 21 U.S.C. 827 and in accordance with 21 CFR parts 1304 and 
1312.
    8. Order Forms. Every DEA registrant who distributes diphenidine 
must comply with the order form requirements, pursuant to 21 U.S.C. 828 
and 21 CFR part 1305.
    9. Importation and Exportation. All importation and exportation of 
diphenidine must comply with 21 U.S.C. 952, 953, 957, and 958, and in 
accordance with 21 CFR parts 1304 and 1312.
    10. Liability. Any activity involving diphenidine not authorized 
by, or in violation of, the CSA or its implementing regulations, is 
unlawful, and may subject the person to administrative, civil, and/or 
criminal sanctions.

Regulatory Analyses

Executive Orders 12866, 13563, 14192, and 14294

    In accordance with 21 U.S.C. 811(a), this final scheduling action 
is subject to formal rulemaking procedures performed ``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 procedures 
and 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 (E.O.) 12866 and the 
principles reaffirmed in E.O. 13563. DEA scheduling actions promulgated 
by formal rulemaking are not regulatory actions under E.O. 14192, 
Unleashing Prosperity Through Deregulation, and are not subject to E.O. 
14294, Overcriminalization of Federal Regulations.

Executive Order 12988, Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and

[[Page 59698]]

3(b)(2) of E.O. 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, Federalism

    This rulemaking does not have federalism implications warranting 
the application of E.O. 13132. The rule does not have substantial 
direct effects on the states, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    This rule does not have Tribal implications warranting the 
application of E.O. 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 of DEA, in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 601 through 612, has reviewed this final 
rule, and by approving it, certifies that it will not have a 
significant economic impact on a substantial number of small entities.
    DEA is placing the substance diphenidine (chemical name: 1-(1,2-
diphenylethyl)piperidine), including its salts, isomers, and salts of 
isomers, in schedule I of the CSA to enable the United States to meet 
its obligations under the 1971 Convention. This action imposes the 
regulatory controls and administrative, civil, and criminal sanctions 
applicable to schedule I controlled substances on persons who handle 
(manufacture, distribute, reverse distribute, import, export, engage in 
research, conduct instructional activities or chemical analysis with, 
or possess) or propose to handle diphenidine.
    Based on the review of HHS's scientific and medical evaluation and 
all other relevant data, DEA determined that diphenidine has high 
potential for abuse, has no currently accepted medical use in treatment 
in the United States, and lacks accepted safety for use under medical 
supervision. There appear to be no legitimate sources for diphenidine 
as a marketed drug in the United States, but DEA notes that this 
substance is available for purchase from legitimate suppliers for 
scientific research. There is no evidence of significant diversion of 
diphenidine from legitimate suppliers. Therefore, this final rule will 
not have a significant economic impact on a substantial number of small 
entities.

Paperwork Reduction Act of 1995

    This rule would require compliance with the following existing OMB 
collections: 1117-0003, 1117-0004, 1117-0006, 1117-0008, 1117-0009, 
1117-0010, 1117-0012, 1117-0014, 1117-0021, and 1117-0056. 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.

Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 
2 U.S.C. 1532, DEA has determined 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 annually for inflation) in 
any 1 year . . . .'' Therefore, neither a Small Government Agency Plan 
nor any other action is required under UMRA of 1995.

Congressional Review Act

    The Office of Information and Regulatory Affairs has determined 
that this rule is not a major rule as defined by the Congressional 
Review Act (CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is 
submitting a copy of this rule to both Houses of Congress and to the 
Comptroller General.

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, DEA amends 21 CFR part 1308 as 
follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

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

    Authority:  21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise 
noted.

0
2. Amend Sec.  1308.11, add paragraph (d)(117) to read as follows:


Sec.  1308.11  Schedule I.

* * * * *
    (d) * * *

------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
(117) Diphenidine (other name: 1-(1,2-diphenylethyl)piperidine)     7292
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
September 11, 2026, by DEA Administrator Terrance C. Cole. That 
document with the original signature and date is maintained by DEA. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DEA Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of DEA. This administrative process in no way alters the legal effect 
of this document upon publication in the Federal Register.

Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2026-19231 Filed 9-18-26; 8:45 am]
BILLING CODE 4410-09-P


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Indexed from Federal Register on September 21, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.