Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 31877 

1Though DEA has used the term ‘‘final order’’ 

with respect to temporary scheduling orders in the 

past, this document adheres to the statutory 

language of 21 U.S.C. 811(h), which refers to a 

‘‘temporary scheduling order.’’ No substantive 

change is intended. 

reported with respect to a Fund’s Highly 

Liquid Investment Minimum (Item B.7), 

derivatives transactions (Item B.8), 

country of risk and economic exposure 

(Item C.5.b), delta (Items C.9.f.v, 

C.11.c.vii, or C.11.g.iv), liquidity 

classification for portfolio investments 

(Item C.7), or miscellaneous securities 

(Part D), or explanatory notes related to 

any of those topics (Part E) that is 

identifiable to any particular fund or 

adviser. However, the SEC may use 

information reported on this Form in its 

regulatory programs, including 

examinations, investigations, and 

enforcement actions. 

* * * * * 

Part B: Information About the Fund 

* * * * * 

Item B.2.f. Cash and cash equivalents 

not reported in Parts C and D. 

* * * * * 

Item B.8 Derivatives Transactions. For 

portfolio investments of open-end 

management investment companies, 

provide the percentage of the Fund’s 

Highly Liquid Investments that it has 

segregated to cover or pledged to satisfy 

margin requirements in connection with 

derivatives transactions that are 

classified among the following 

categories as specified in rule 22e–4 [17 

CFR 270.22e–4]: 

1. Moderately Liquid Investments 

2. Less Liquid Investments 

3. Illiquid Investments 

* * * * * 

Part C: Schedule of Portfolio 

Investments 

* * * * * 

Item C.7.a Liquidity classification 

information. 

For portfolio investments of open-end 

management investment companies, 

provide the liquidity classification(s) for 

each portfolio investment among the 

following categories as specified in rule 

22e–4 [17 CFR 270.22e–4]. For portfolio 

investments with multiple liquidity 

classifications, indicate the percentage 

amount attributable to each 

classification. 

i. Highly Liquid Investments 

ii. Moderately Liquid Investments 

iii. Less Liquid Investments 

iv. Illiquid Investments 

Item C.7.b. If attributing multiple 

classification categories to the holding, 

indicate which of the three 

circumstances listed in the Instructions 

to Item C.7 is applicable. 

Instructions to Item C. 7 Funds may 

choose to indicate the percentage 

amount of a holding attributable to 

multiple classification categories only in 

the following circumstances: (1) If 

portions of the position have differing 

liquidity features that justify treating the 

portions separately; (2) if a fund has 

multiple sub-advisers with differing 

liquidity views; or (3) if the fund 

chooses to classify the position through 

evaluation of how long it would take to 

liquidate the entire position (rather than 

basing it on the sizes it would 

reasonably anticipated trading). In (1) 

and (2), a fund would classify using the 

reasonably anticipated trade size for 

each portion of the position. 

* * * * * 

Part F: Exhibits 

For reports filed for the end of the 

first and third quarters of the Fund’s 

fiscal year, attach no later than 60 days 

after the end of the reporting period the 

Fund’s complete portfolio holdings as of 

the close of the period covered by the 

report. These portfolio holdings must be 

presented in accordance with the 

schedules set forth in §§ 210.12–12— 

210.12–14 of Regulation S–X [17 CFR 

210.12–12—210.12–14]. 

* * * * * 

By the Commission. 

Dated: June 28, 2018. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–14366 Filed 7–9–18; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–479] 

Schedules of Controlled Substances: 

Temporary Placement of NM2201, 5FAB-PINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

Into Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Temporary amendment; 

temporary scheduling order. 

SUMMARY: The Acting Administrator of 

the Drug Enforcement Administration is 

issuing this temporary scheduling order 

to schedule the synthetic cannabinoids, 

Naphthalen-1-yl 1-(5-fluoropentyl)-1Hindole-3-carboxylate (trivial name: 

NM2201; CBL2201); N-(1-amino-3- 

methyl-1-oxobutan-2-yl)-1-(5- 

fluoropentyl)-1H-indazole-3- 

carboxamide (trivial name: 5F-ABPINACA); 1-(4-cyanobutyl)-N-(2- 

phenylpropan-2-yl)-1H-indazole-3- 

carboxamide (trivial name: 4-CNCUMYL-BUTINACA; 4-cyano-CUMYLBUTINACA; 4-CN-CUMYL BINACA; 

CUMYL-4CN-BINACA; SGT-78); methyl 

2-(1-(cyclohexylmethyl)-1H-indole-3- 

carboxamido)-3-methylbutanoate (trivial 

names: MMB-CHMICA, AMB-CHMICA); 

and 1-(5-fluoropentyl)-N-(2- 

phenylpropan-2-yl)-1H-pyrrolo[2,3- 

b]pyridine-3-carboxamide (trivial name: 

5F-CUMYL-P7AICA), and their optical, 

positional, and geometric isomers, salts, 

and salts of isomers in schedule I. This 

action is based on a finding by the 

Acting Administrator that the placement 

of these synthetic cannabinoids in 

schedule I of the Controlled Substances 

Act is necessary to avoid an imminent 

hazard to the public safety. As a result 

of this order, the regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to schedule I 

controlled substances will be imposed 

on persons who handle (manufacture, 

distribute, reverse distribute, import, 

export, engage in research, conduct 

instructional activities or chemical 

analysis, or possess), or propose to 

handle, NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA. 

DATES: This temporary scheduling order 

is effective July 10, 2018, until July 10, 

2020. If this order is extended or made 

permanent, the DEA will publish a 

document in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Lewis, Diversion Control 

Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

Section 201 of the Controlled 

Substances Act (CSA), 21 U.S.C. 811, 

provides the Attorney General with the 

authority to temporarily place a 

substance in schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b) if he 

finds that such action is necessary to 

avoid an imminent hazard to the public 

safety. 21 U.S.C. 811(h)(1). In addition, 

if proceedings to control a substance are 

initiated under 21 U.S.C. 811(a)(1), the 

Attorney General may extend the 

temporary scheduling 1 for up to one 

year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA, 


amozie on DSK3GDR082PROD with RULES
31878 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 

2As 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. 

21 U.S.C. 812, or if there is no 

exemption or approval in effect for the 

substance under section 505 of the 

Federal Food, Drug, and Cosmetic Act 

(FDCA), 21 U.S.C. 355. 21 U.S.C. 

811(h)(1). The Attorney General has 

delegated scheduling authority under 21 

U.S.C. 811 to the Administrator of the 

DEA. 28 CFR 0.100. 

Background 

Section 201(h)(4) of the CSA 21 U.S.C. 

811(h)(4), requires the Administrator to 

notify the Secretary of the Department 

of Health and Human Services (HHS) of 

his intention to temporarily place a 

substance in schedule I of the CSA.2 The 

Acting Administrator transmitted notice 

of his intent to place NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

in schedule I on a temporary basis to the 

Assistant Secretary for Health of HHS by 

letter dated March 9, 2018. The 

Assistant Secretary responded to this 

notice by letter dated March 27, 2018, 

and advised that based on a review by 

the Food and Drug Administration 

(FDA), there are currently no active 

investigational new drug applications or 

approved new drug applications for 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA. The Assistant 

Secretary also stated that the HHS has 

no objection to the temporary placement 

of NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA in schedule I of 

the CSA. The DEA has taken into 

consideration the Assistant Secretary’s 

comments as required by 21 U.S.C. 

811(h)(4). NM2201, 5F-AB-PINACA, 4- 

CN-CUMYL-BUTINACA, MMBCHMICA and 5F-CUMYL-P7AICA are 

not currently listed in any schedule 

under the CSA, and no exemptions or 

approvals are in effect for NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA or 5FCUMYL-P7AICA under section 505 of 

the FDCA, 21 U.S.C. 355. The DEA has 

found that the control of NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA in schedule I on a 

temporary basis is necessary to avoid an 

imminent hazard to the public safety, 

and as required by 21 U.S.C. 

811(h)(1)(A), a notice of intent to 

temporarily schedule NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

was published in the Federal Register 

on May 30, 2018. 83 FR 24696. 

To find that placing a substance 

temporarily in schedule I of the CSA is 

necessary to avoid an imminent hazard 

to the public safety, the Administrator is 

required to consider three of the eight 

factors set forth in section 201(c) of the 

CSA, 21 U.S.C. 811(c): The substance’s 

history and current pattern of abuse; the 

scope, duration and significance of 

abuse; and what, if any, risk there is to 

the public health. 21 U.S.C. 811(h)(3). 

Consideration of these factors includes 

actual abuse, diversion from legitimate 

channels, and clandestine importation, 

manufacture, or distribution. 21 U.S.C. 

811(h)(3). 

A substance meeting the statutory 

requirements for temporary scheduling 

may only be placed in schedule I. 21 

U.S.C. 811(h)(1). Substances in schedule 

I are those that have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. 21 U.S.C. 

812(b)(1). 

Available data and information for 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA, summarized 

below, indicate that these synthetic 

cannabinoids (SCs) have a high 

potential for abuse, no currently 

accepted medical use in treatment in the 

United States, and a lack of accepted 

safety for use under medical 

supervision. The DEA’s three-factor 

analysis and the Assistant Secretary’s 

March 27, 2018 letter are available in 

their entirety under the tab ‘‘Supporting 

Documents’’ of the public docket of this 

action at www.regulations.gov under 

FDMS Docket ID: DEA–2018–0010–0001 

(Docket Number DEA–479). 

Synthetic Cannabinoids 

The illicit use of the synthetic 

cannabinoids (SCs) has continued 

throughout the United States, resulting 

in severe adverse effects, overdoses and 

deaths. While new SCs continue to 

emerge on the illicit market, some 

substances identified at their peak in 

previous years have continued to be 

abused by the user population. 

SCs are substances synthesized in 

laboratories that mimic the biological 

effects of delta-9-tetrahydrocannabinol 

(THC), the main psychoactive ingredient 

in marijuana. SCs were introduced on 

the designer drug market in several 

European countries as ‘‘herbal incense’’ 

before the initial encounter in the 

United States by U.S. Customs and 

Border Protection (CBP) in November 

2008. From 2009 to the present, misuse 

of SCs has increased in the United 

States with law enforcement encounters 

describing SCs applied onto plant 

material and in other designer drug 

products intended for human 

consumption. Hospital reports, 

scientific publications and/or law 

enforcement reports demonstrate that 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA and their 

associated designer drug products are 

abused for their psychoactive 

properties. As with many generations of 

SCs encountered since 2009, the abuse 

of NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA is impacting or 

will negatively impact communities. 

As observed by the DEA and CBP, SCs 

originate from foreign sources, such as 

China. Bulk powder substances are 

smuggled via common carrier into the 

United States and find their way to 

clandestine designer drug product 

manufacturing operations located in 

residential neighborhoods, garages, 

warehouses, and other similar 

destinations throughout the country. 

According to online discussion boards 

and law enforcement encounters, 

spraying or mixing the SCs with plant 

material provides a vehicle for the most 

common route of administration— 

smoking (using a pipe, a water pipe, or 

rolling the drug-laced plant material in 

cigarette papers). 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA have no 

accepted medical use in the United 

States. Use of NM2201, 5F-AB-PINACA 

and 4-CN-CUMYL-BUTINACA has been 

reported to result in adverse effects in 

humans in the United States. In 

addition, within the United States, there 

have been numerous law enforcement 

seizures of NM2201, 5F-AB-PINACA, 4- 

CN-CUMYL-BUTINACA, and MMBCHMICA during 2013 to 2018, as well 

as one law enforcement seizure of 5FCUMYL-P7AICA in 2018. There have 

been multiple international seizures of 

5F-CUMYL-P7AICA, and its use has 

been reported to result in serious 

adverse events, including death, in 

other countries. Use of other SCs has 

resulted in signs of addiction and 

withdrawal. Based on the 

pharmacological similarities between 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA and other SCs, 

they are likely to produce signs of 

addiction and withdrawal similar to 

those produced by other SCs. 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 31879 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA are SCs that 

have pharmacological effects similar to 

the schedule I hallucinogen THC and 

other temporarily and permanently 

controlled schedule I SCs. In addition, 

the misuse of NM2201, 5F-AB-PINACA 

and 4-CN-CUMYL-BUTINACA has been 

associated with multiple overdoses 

requiring emergency medical 

intervention in the United States. With 

no approved medical use and limited 

safety or toxicological information, 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA have emerged 

on the designer drug market, and the 

abuse or trafficking of these substances 

for their psychoactive properties is 

concerning. 

Factor 4. History and Current Pattern of 

Abuse 

Synthetic cannabinoids have been 

developed by researchers over the last 

30 years as tools for investigating the 

endocannabinoid system (e.g. 

determining CB1 and CB2 receptor 

activity). The first encounter of SCs 

intended for illicit use within the 

United States occurred in November 

2008 by CBP. Since then, the popularity 

of SCs as product adulterants and 

objects of abuse has increased as 

evidenced by law enforcement seizures, 

public health information, and media 

reports. 

Numerous SCs have been identified as 

product adulterants, and law 

enforcement has seized bulk amounts of 

these substances. As successive 

generations of SCs have been identified 

and included within schedule I, illicit 

distributors have developed new SC 

substances that vary only by slight 

modifications to their chemical 

structure while retaining 

pharmacological effects related to their 

abuse potential. These substances and 

products laced with these substances 

are marketed under the guise of ‘‘herbal 

incense’’ and promoted as a ‘‘legal high’’ 

with a disclaimer that they are ‘‘not for 

human consumption.’’ Thus, after 

section 1152 of the Food and Drug 

Administration Safety and Innovation 

Act (FDASIA), Public Law 112–144, 

placed cannabimimetic agents and 26 

specific substances in schedule I, law 

enforcement documented the emergence 

of new SCs, including UR-144, XLR11, 

AKB48, PB-22, 5F-PB-22, ABFUBINACA, and ADB-PINACA. After 

these substances were temporarily 

scheduled (78 FR 28735, 79 FR 7577), 

another generation of SCs appeared, 

including AB-CHMINACA, ABPINACA, and THJ-2201. These 

substances were also temporarily, and 

then permanently, scheduled in 

schedule I (80 FR 5042, 82 FR 8593). 

NM2201 was first identified in 

November 2012 in seized drug evidence, 

followed by 5F-AB-PINACA (August, 

2013), MMB-CHMICA (December, 

2015), 4-CN-CUMYL BUTINACA 

(January, 2016) and most recently 5FCUMYL-P7AICA (February, 2018). 

Following their manufacture in China, 

SCs are often encountered in countries 

including New Zealand, Australia and 

Russia before appearing throughout 

Europe and eventually the US. 

European Monitoring Centre for Drugs 

and Drug Addiction (EMCDDA) 

reported that 50 kg’s of 4-CN-CUMYLBUTINACA were seized in Europe in 

2016. While the National Forensic 

Laboratory Information System (NFLIS) 

(see factor 5) reported the first US 

encounter of 4-CN-CUMYL-BUTINACA 

in January 2016, the recent increase in 

encounters did not occur until later in 

2017. Similarly, prior to the first US 

encounter of 5F-CUMYL-P7AICA in 

February 2018, the use of this substance 

has resulted in adverse events that have 

been documented in Europe (See factor 

6). These data further support that based 

upon trends, SCs originate in China 

before being abused in countries 

including those in Europe often before 

being trafficked in the US. Based upon 

the similarity between the trafficking 

patterns, distribution and use of 5FCUMYL-P7AICA versus other illicit 

SCs, 5F-CUMYL-P7AICA poses 

significant risk for continued emergence 

in illicit drug markets in the United 

States. Recent law enforcement seizures 

are demonstrating that some SCs whose 

popularity peaked in 2014 and 2015 

have remained popular within the illicit 

market (i.e. NM2201 and 5F-ABPINACA). The misuse of NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA has been associated 

with either law enforcement seizures or 

overdoses requiring emergency medical 

intervention. Reports of overdoses 

involving the ingestion of products 

containing NM2201, 5F-AB-PINACA 

and 4-CN-CUMYL-BUTINACA, similar 

to other SCs available on the illicit 

market, have recently been published in 

the scientific literature (See factor 4). 

The powder form of SCs is typically 

dissolved in solvents (e.g., acetone) 

before being applied to plant material or 

dissolved in a propellant intended for 

use in electronic cigarette devices. In 

addition, 4-CN-CUMYL BUTINACA was 

identified as an adulterant on pieces of 

paper that were then smuggled into a 

detention facility and later found 

partially burned. Law enforcement 

personnel have encountered various 

application methods including buckets 

or cement mixers in which plant 

material and one or more SCs are mixed 

together, as well as large areas where the 

plant material is spread out so that a 

dissolved SC mixture can be applied 

directly. Once mixed, the SC plant 

material is then allowed to dry before 

manufacturers package the product for 

distribution, ignoring any control 

mechanisms to prevent contamination 

or to ensure a consistent, uniform 

concentration of the substance in each 

package. Adverse health consequences 

may also occur from directly ingesting 

the drug during the manufacturing 

process. The failure to adhere to any 

manufacturing standards with regard to 

amounts, the substance(s) included, 

purity, or contamination may increase 

the risk of adverse events. However, it 

is important to note that adherence to 

manufacturing standards would not 

eliminate their potential to produce 

adverse effects because the toxicity and 

safety profile of these SCs have not been 

studied. 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA, similar to 

other SCs, have been found in powder 

form or mixed with dried leaves or 

herbal blends that were marketed for 

human use. Presentations at emergency 

departments directly linked to the abuse 

of NM2201, 5F-AB-PINACA or 4-CNCUMYL-BUTINACA have resulted in 

adverse symptoms, including 

diaphoresis, tachycardia, hypertension, 

seizures, agitation, violence, nausea and 

memory impairment. 

Factor 5. Scope, Duration and 

Significance of Abuse 

SCs continue to be encountered on 

the illicit market despite scheduling 

actions that attempt to safeguard the 

public from the adverse effects and 

safety issues associated with these 

substances (see factor 5 in supporting 

documentation). Novel substances 

continue to be encountered, differing 

only by small chemical structural 

modifications intended to avoid 

prosecution while maintaining the 

pharmacological effects. Law 

enforcement and health care 

professionals continue to report the 

abuse of these substances and their 

associated products. 

As described by the National Institute 

on Drug Abuse (NIDA), many 

substances being encountered in the 

illicit market, specifically SCs, have 

been available for years but have 

reentered the marketplace due to a 

renewed popularity. This is especially 

true for substances like NM2201 and 5FVerDate Sep<11>2014 16:38 Jul 09, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1

amozie on DSK3GDR082PROD with RULES
31880 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 

3STARLiMS is a laboratory information 

management system that systematically collects 

results from drug chemistry analyses conducted by 

DEA laboratories. On October 1, 2014, STARLiMS 

replaced STRIDE as the DEA laboratory drug 

evidence data system of record. 

4STRIDE is a database of drug exhibits sent to 

DEA laboratories for analysis. Exhibits from the 

database are from the DEA, other federal agencies, 

and some local law enforcement agencies. 

5At the time of query, 2018 data were still 

reporting. 

AB-PINACA, SCs that were popular in 

2014 and have remained popular on the 

illicit market. The threat of serious 

injury to the individual and the 

imminent threat to public safety 

following the ingestion of NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, 5FCUMYL-P7AICA and other SCs persist. 

Full reports of information obtained 

through STARLiMS,3 STRIDE,4 and 

NFLIS for the past five years are 

available under Factor 5 of the DEA 3- 

Factor Analysis. According to NFLIS 

data, state and local forensic 

laboratories have detected the following 

information about the SCs in question: 

NM2201: 2,830 NFLIS reports from 30 

states since 2012,5 282 STRIDE/ 

STARLiMS reports from 21 states plus 

DC and Puerto Rico since 2014. 

5F-AB-PINACA: 1,180 NFLIS reports 

from 36 states since 2013, 188 STRIDE/ 

STARLiMS reports from 17 states plus 

DC and Guam since 2013. 

4-CN-CUMYL-BUTINACA: 493 NFLIS 

reports from 3 states since 2016. 

MMB-CHMICA: 254 NFLIS reports 

from 17 states since 2015, 96 

STARLiMS reports from 8 states plus 

DC since 2015. 

5F-CUMYL-P7AICA: 1 NFLIS report 

from 1 state since 2018. As described 

previously, based on the similarity 

between trafficking patterns, 

distribution and the use of 5F-CUMYLP7AICA versus other illicit SCs, 5FCUMYL-P7AICA poses significant risk 

for continued emergence in illicit drug 

markets in the United States. 

Factor 6. What, if Any, Risk There Is to 

the Public Health 

Since first being identified in the U.S. 

in 2008, the ingestion of SCs continues 

to result in serious adverse effects and 

encounters. Details of these events in 

the U.S. and/or abroad involving 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA and 5F-CUMYLP7AICA are summarized below and 

detailed in the DEA 3-Factor Analysis. 

While no adverse event information is 

currently available for MMB-CHMICA, 

increasing law enforcement seizures, 

scientific publications regarding its 

abuse and the pharmacological 

similarity of MMB-CHMICA to other 

currently controlled schedule I SCs with 

known risks to public health (i.e. ABCHMINACA, AB-FUBINACA, JWH-018) 

demonstrate an imminent hazard to 

public safety (see factor 5 in supporting 

documentation). 

1. A previously well 25-year-old man 

in the United Kingdom presented with 

agitation, double incontinence and leftsided incoordination. His symptoms 

started after smoking a synthetic 

cannabinoid (black mamba) 5 days 

earlier. Over 48 hours, he developed 

aphasia, generalized hypertonia, hyperreflexia and dense left hemiparesis. This 

progressed to profuse diaphoresis, fever, 

tachycardia, hypertension and a 

possible seizure necessitating admission 

to the intensive care unit. An 

electroencephalogram showed 

widespread brain wave slowing, 

indicating diffuse cerebral dysfunction. 

Toxicology analysis of the substance 

confirmed a potent synthetic 

cannabinoid NM2201. 

2. In December 2015, 25–30 people in 

Ocala, FL who used a synthetic 

cannabinoid product were taken to local 

hospitals following episodes of 

violence, fighting and experiencing 

seizures. Local laboratory analysis 

confirmed drug evidence seized from 

the overdose cluster as NM2201. 

3. In June 2014, a 37 year old male in 

Japan drove a car from a busy 

downtown street onto a wide sidewalk 

for 30 meters and hit many pedestrians 

one after another until it was stopped by 

collision with a telephone booth. A 

woman was killed and seven persons 

were injured. The driver lost 

consciousness and was drooling. He had 

no memory of what occurred after 

smoking. 5F-AMB and AB-CHMINACA 

were detected in the herbal mixture. In 

addition, 5F-AB-PINACA was detected 

in the urine sample. 

4. Between December 2017 and 

January 2018, at least 37 confirmed or 

suspected cases of intoxication occurred 

in Utah following ingestion of products 

labeled either ‘‘CBD Oil’’ or ‘‘YOLO.’’ 

The products were liquids intended to 

be used in a vaping device or directly 

ingested sublingually. Further testing of 

these products determined that they 

contained the synthetic cannabinoid 4- 

CN-CUMYL-BUTINACA. As per the 

Utah Department of Health, adverse 

reactions included altered mental status, 

hallucinations, seizures, confusion, loss 

of consciousness, tachycardia or slurred 

speech. 

5. In January 2018, 13 correctional 

facility workers were treated for 

overdose symptoms including 

diaphoresis, hypertension and 

tachycardia following ingestion of an 

airborne substance while conducting 

cell searches for contraband. In response 

to the overdose events, evidence 

retrieved from the searches tested 

positive for the synthetic cannabinoids 

5F-ADB, 5F-EDMB-PINACA and 4-CNCUMYL-BUTINACA. 

6. Eight countries within Europe have 

reported just over 50 detections of 5FCUMYL-P7AICA to the European 

Monitoring Centre for Drugs and Drug 

Addiction (EMCDDA). 5F-CUMYLP7AICA was typically detected in plant 

material or as a powder. The biggest 

detections included a 5 kg seizure 

(December 2014) and 7 kg seizure 

(January 2015) of white powder believed 

to originate from China. 

7. Two deaths with confirmed 

exposure to 5F-CUMYL-P7AICA 

(detected along with other substances) 

have been reported to the EMCDDA. 

These occurred in November 2016 and 

December 2016. In one of the cases, 5FCUMYL-P7AICA was reported as the 

cause of death. 

8. In February 2018, 5F-CUMYLP7AICA was confirmed in a seizure of 

powder-material in Bay County, Florida. 

Because they share pharmacological 

similarities with schedule I substances 

(D9-THC, JWH-018 and other 

temporarily and permanently controlled 

schedule I SCs), NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

pose serious risk to an abuser. Tolerance 

to SCs may develop fairly rapidly with 

larger doses being required to achieve 

the desired effect. Acute and chronic 

abuse of SCs in general have been 

linked to adverse health effects 

including signs of addiction and 

withdrawal, numerous reports of 

emergency department admissions 

resulting from their abuse, overall 

toxicity and deaths. Psychiatric case 

reports have been reported in the 

scientific literature detailing the SC 

abuse and associated psychoses. As 

abusers obtain these drugs through 

unknown sources, the identity and 

purity of these substances is uncertain 

and inconsistent, thus posing significant 

adverse health risks to users. 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA are being 

encountered on the illicit drug market 

in the US and/or Europe and have no 

accepted medical use in the United 

States. Regardless, these products 

continue to be easily available and 

abused by diverse populations. 

Finding of Necessity of Schedule I 

Placement To Avoid Imminent Hazard 

to Public Safety 

In accordance with 21 U.S.C. 

811(h)(3), based on the available data 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 31881 

and information summarized above, the 

continued uncontrolled manufacture, 

distribution, reverse distribution, 

importation, exportation, conduct of 

research and chemical analysis, 

possession, and abuse of NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA pose an imminent 

hazard to the public safety. The DEA is 

not aware of any currently accepted 

medical uses for NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

in the United States. A substance 

meeting the statutory requirements for 

temporary scheduling, 21 U.S.C. 

811(h)(1), may only be placed in 

schedule I. Substances in schedule I are 

those that have a high potential for 

abuse, no currently accepted medical 

use in treatment in the United States, 

and a lack of accepted safety for use 

under medical supervision. Available 

data and information for NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA indicate that these SCs 

have a high potential for abuse, no 

currently accepted medical use in 

treatment in the United States, and a 

lack of accepted safety for use under 

medical supervision. As required by 

section 201(h)(4) of the CSA, 21 U.S.C. 

811(h)(4), the Acting Administrator, 

through a letter dated March 9, 2018, 

notified the Assistant Secretary of the 

DEA’s intention to temporarily place 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA in schedule I. 

A notice of intent was subsequently 

published in the Federal Register on 

May 30, 2018. 83 FR 24696. 

Conclusion 

In accordance with the provisions of 

section 201(h) of the CSA, 21 U.S.C. 

811(h), the Acting Administrator 

considered available data and 

information, and herein sets forth the 

grounds for his determination that it is 

necessary to temporarily schedule 

Naphthalen-1-yl 1-(5-fluoropentyl)-1Hindole-3-carboxylate (trivial name: 

NM2201; CBL2201); N-(1-amino-3- 

methyl-1-oxobutan-2-yl)-1-(5- 

fluoropentyl)-1H-indazole-3- 

carboxamide (trivial name: 5F-ABPINACA); 1-(4-cyanobutyl)-N-(2- 

phenylpropan-2-yl)-1H-indazole-3- 

carboxamide (trivial name: 4-CNCUMYL-BUTINACA; 4-cyano-CUMYLBUTINACA; 4-CN-CUMYL BINACA; 

CUMYL-4CN-BINACA; SGT-78); methyl 

2-(1-(cyclohexylmethyl)-1H-indole-3- 

carboxamido)-3-methylbutanoate (trivial 

names: MMB-CHMICA, AMB-CHMICA); 

and 1-(5-fluoropentyl)-N-(2- 

phenylpropan-2-yl)-1H-pyrrolo[2,3- 

b]pyridine-3-carboxamide (trivial name: 

5F-CUMYL-P7AICA) in schedule I of 

the CSA to avoid an imminent hazard to 

the public safety. 

Because the Acting Administrator 

hereby finds it necessary to temporarily 

place NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA in schedule I to 

avoid an imminent hazard to the public 

safety, this temporary order scheduling 

these substances is effective on the date 

of publication in the Federal Register, 

and is in effect for a period of two years, 

with a possible extension of one 

additional year, pending completion of 

the regular (permanent) scheduling 

process. 21 U.S.C. 811(h)(1) and (2). 

The CSA sets forth specific criteria for 

scheduling a drug or other substance. 

Permanent scheduling actions in 

accordance with 21 U.S.C. 811(a) are 

subject to formal rulemaking procedures 

done ‘‘on the record after opportunity 

for a hearing’’ conducted pursuant to 

the provisions of 5 U.S.C. 556 and 557. 

21 U.S.C. 811. The permanent 

scheduling process of formal 

rulemaking affords interested parties 

with appropriate process and the 

government with any additional 

relevant information needed to make a 

determination. Final decisions that 

conclude the permanent scheduling 

process of formal rulemaking are subject 

to judicial review. 21 U.S.C. 877. 

Temporary scheduling orders are not 

subject to judicial review. 21 U.S.C. 

811(h)(6). 

Requirements for Handling 

Upon the effective date of this 

temporary order, NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

will be subject to the regulatory controls 

and administrative, civil, and criminal 

sanctions applicable to the manufacture, 

distribution, reverse distribution, 

importation, exportation, engagement in 

research, and conduct of 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, NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

must 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, as of July 10, 2018. Any person 

who currently handles NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYLP7AICA, and is not registered with the 

DEA, must submit an application for 

registration and may not continue to 

handle NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA as of July 10, 

2018, unless the DEA has approved that 

application for registration pursuant to 

21 U.S.C. 822, 823, 957, and 958, and 

in accordance with 21 CFR parts 1301 

and 1312. Retail sales of schedule I 

controlled substances to the general 

public are not allowed under the CSA. 

Possession of any quantity of these 

substances in a manner not authorized 

by the CSA on or after July 10, 2018 is 

unlawful and those in possession of any 

quantity of these substances may be 

subject to prosecution pursuant to the 

CSA. 

2. Disposal of stocks. Any person who 

does not desire or is not able to obtain 

a schedule I registration to handle 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA must surrender 

all currently held quantities of NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA. 

3. Security. NM2201, 5F-AB-PINACA, 

4-CN-CUMYL-BUTINACA, MMBCHMICA and 5F-CUMYL-P7AICA are 

subject to schedule I security 

requirements and must be handled and 

stored pursuant to 21 U.S.C. 821, 823, 

871(b), and in accordance with 21 CFR 

1301.71–1301.93, as of July 10, 2018. 

4. Labeling and Packaging. All labels, 

labeling, and packaging for commercial 

containers of NM2201, 5F-AB-PINACA, 

4-CN-CUMYL-BUTINACA, MMBCHMICA and 5F-CUMYL-P7AICA must 

be in compliance with 21 U.S.C. 825, 

958(e), and be in accordance with 21 

CFR part 1302. Current DEA registrants 

shall have 30 calendar days from July 

10, 2018, to comply with all labeling 

and packaging requirements. 

5. Inventory. Every DEA registrant 

who possesses any quantity of NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA on the effective date of 

this order must take an inventory of all 

stocks of these substances on hand, 

pursuant to 21 U.S.C. 827 and 958, and 

in accordance with 21 CFR 1304.03, 

1304.04, and 1304.11. Current DEA 

registrants shall have 30 calendar days 

from the effective date of this order to 

be in compliance with all inventory 

requirements. After the initial 

inventory, every DEA registrant must 

take an inventory of all controlled 

substances (including NM2201, 5F-ABVerDate Sep<11>2014 16:38 Jul 09, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1

amozie on DSK3GDR082PROD with RULES
31882 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 

PINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYLP7AICA) on hand on a biennial basis, 

pursuant to 21 U.S.C. 827 and 958, and 

in accordance with 21 CFR 1304.03, 

1304.04, and 1304.11. 

6. Records. All DEA registrants must 

maintain records with respect to 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA pursuant to 21 

U.S.C. 827 and 958(e), and in 

accordance with 21 CFR parts 1304, 

1312, 1317 and § 1307.11. Current DEA 

registrants authorized to handle 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA shall have 30 

calendar days from the effective date of 

this order to be in compliance with all 

recordkeeping requirements. 

7. Reports. All DEA registrants who 

manufacture or distribute NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA must submit reports 

pursuant to 21 U.S.C. 827 and in 

accordance with 21 CFR 1304 and 1312 

as of July 10, 2018. 

8. Order Forms. All DEA registrants 

who distribute NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA and 5F-CUMYL-P7AICA 

must comply with order form 

requirements pursuant to 21 U.S.C. 828 

and in accordance with 21 CFR part 

1305 as of July 10, 2018. 

9. Importation and Exportation. All 

importation and exportation of NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA and 5FCUMYL-P7AICA must be in compliance 

with 21 U.S.C. 952, 953, 957, 958, and 

in accordance with 21 CFR part 1312 as 

of July 10, 2018. 

10. Quota. Only DEA registered 

manufacturers may manufacture 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA in accordance 

with a quota assigned pursuant to 21 

U.S.C. 826 and in accordance with 21 

CFR part 1303 as of July 10, 2018. 

11. Liability. Any activity involving 

NM2201, 5F-AB-PINACA, 4-CNCUMYL-BUTINACA, MMB-CHMICA 

and 5F-CUMYL-P7AICA not authorized 

by, or in violation of the CSA, occurring 

as of July 10, 2018, is unlawful, and may 

subject the person to administrative, 

civil, and/or criminal sanctions. 

Regulatory Matters 

Section 201(h) of the CSA, 21 U.S.C. 

811(h), provides for a temporary 

scheduling action where such action is 

necessary to avoid an imminent hazard 

to the public safety. As provided in this 

subsection, the Attorney General may, 

by order, schedule a substance in 

schedule I on a temporary basis. Such 

an order may not be issued before the 

expiration of 30 days from (1) the 

publication of a notice in the Federal 

Register of the intention to issue such 

order and the grounds upon which such 

order is to be issued, and (2) the date 

that notice of the proposed temporary 

scheduling order is transmitted to the 

Assistant Secretary. 21 U.S.C. 811(h)(1). 

Inasmuch as section 201(h) of the 

CSA directs that temporary scheduling 

actions be issued by order and sets forth 

the procedures by which such orders are 

to be issued, the DEA believes that the 

notice and comment requirements of the 

Administrative Procedure Act (APA) at 

5 U.S.C. 553, do not apply to this 

temporary scheduling action. In the 

alternative, even assuming that this 

action might be subject to 5 U.S.C. 553, 

the Administrator finds that there is 

good cause to forgo the notice and 

comment requirements of section 553, 

as any further delays in the process for 

issuance of temporary scheduling orders 

would be impracticable and contrary to 

the public interest in view of the 

manifest urgency to avoid an imminent 

hazard to the public safety. 

Further, the DEA believes that this 

temporary scheduling action is not a 

‘‘rule’’ as defined by 5 U.S.C. 601(2), 

and, accordingly, is not subject to the 

requirements of the Regulatory 

Flexibility Act. The requirements for the 

preparation of an initial regulatory 

flexibility analysis in 5 U.S.C. 603(a) are 

not applicable where, as here, the DEA 

is not required by the APA or any other 

law to publish a general notice of 

proposed rulemaking. 

Additionally, this action is not a 

significant regulatory action as defined 

by Executive Order 12866 (Regulatory 

Planning and Review), section 3(f), and, 

accordingly, this action has not been 

reviewed by the Office of Management 

and Budget. 

This action will 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. Therefore, in 

accordance with Executive Order 13132 

(Federalism) it is determined that this 

action does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

As noted above, this action is an 

order, not a rule. Accordingly, the 

Congressional Review Act (CRA) is 

inapplicable, as it applies only to rules. 

However, if this were a rule, pursuant 

to the CRA, ‘‘any rule for which an 

agency for good cause finds that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the federal agency 

promulgating the rule determines.’’ 5 

U.S.C. 808(2). It is in the public interest 

to schedule these substances 

immediately to avoid an imminent 

hazard to the public safety. This 

temporary scheduling action is taken 

pursuant to 21 U.S.C. 811(h), which is 

specifically designed to enable the DEA 

to act in an expeditious manner to avoid 

an imminent hazard to the public safety. 

21 U.S.C. 811(h) exempts the temporary 

scheduling order from standard notice 

and comment rulemaking procedures to 

ensure that the process moves swiftly. 

For the same reasons that underlie 21 

U.S.C. 811(h), that is, the DEA’s need to 

move quickly to place these substances 

in schedule I because they pose an 

imminent hazard to the public safety, it 

would be contrary to the public interest 

to delay implementation of the 

temporary scheduling order. Therefore, 

this order shall take effect immediately 

upon its publication. The DEA has 

submitted a copy of this temporary 

order to both Houses of Congress and to 

the Comptroller General, although such 

filing is not required under the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Congressional 

Review Act), 5 U.S.C. 801–808 because, 

as noted above, this action is an order, 

not a rule. 

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, the DEA 

amends 21 CFR part 1308 as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 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. 

■ 2. In § 1308.11, add paragraphs (h)(31) 

to (35) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations 31883 

(31) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts and 

salts of isomers (Other names: NM2201; CBL2201) ..................................................................................................................... (7221) 

(32) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-AB-PINACA) ................................................................................ (7025) 

(33) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, 

salts and salts of isomers (Other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINACA; 4-CN-CUMYL 

BINACA; CUMYL-4CN-BINACA; SGT-78) .................................................................................................................................... (7089) 

(34) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric 

isomers, salts and salts of isomers (Other names: MMB-CHMICA, AMB-CHMICA) ................................................................. (7044) 

(35) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5F-CUMYL-P7AICA) ......................................................................... (7085) 

Dated: June 30, 2018. 

Robert W. Patterson, 

Acting Administrator. 

[FR Doc. 2018–14718 Filed 7–9–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0178] 

RIN 1625–AA08 

Special Local Regulation; Choptank 

River, Cambridge, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations for 

certain waters of the Choptank River. 

This action is necessary to provide for 

the safety of life on the navigable waters 

located in Cambridge, MD, during a 

power boat racing event on July 28, 

2018, and July 29, 2018. This regulation 

prohibits persons and vessels from 

entering the regulated area unless 

authorized by the Captain of the Port 

Maryland-National Capital Region or the 

Coast Guard Patrol Commander. 

DATES: This rule is effective from 8:30 

a.m. on July 28, 2018 through 6:30 p.m. 

on July 29, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0178 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ronald Houck, U.S. Coast 

Guard Sector Maryland-National Capital 

Region; telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On February 18, 2018, The Kent 

Narrows Racing Association of Chester, 

MD, notified the Coast Guard that from 

10 a.m. until 6 p.m. on July 28, 2018, 

and July 29, 2018, it will be conducting 

power boat races in the Choptank River 

in a cove located between Hambrooks 

Bar and the shoreline at Cambridge, MD. 

Details of the proposed event were 

provided to the Coast Guard at a 

meeting on April 10, 2018, where the 

sponsor changed the start time to 9 a.m. 

to allow for additional races. In 

response, on May 21, 2018, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) entitled ‘‘Special 

Local Regulation; Choptank River, 

Cambridge, MD’’ (83 FR 23395). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this highspeed power boat racing event. During 

the comment period that ended June 20, 

2018, we received no comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the date of the event, 

it would be impracticable and contrary 

to the public interest to make the 

regulation effective 30 days after 

publication in the Federal Register. The 

regulation must be in place by June 28th 

in order to protect the public from the 

hazards associated with this power boat 

racing event. Therefore, the Coast Guard 

is making this rule effective 

immediately. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. The 

Captain of the Port (COTP) MarylandNational Capital Region has determined 

that potential hazards associated with 

the power boat racing event will be a 

safety concern for anyone intending to 

participate in this event or for vessels 

that operate within specified waters of 

the Choptank River at Cambridge, MD. 

The purpose of this rule is to protect 

marine event participants, spectators 

and transiting vessels on specified 

waters of the Choptank River before, 

during, and after the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published May 

21, 2018. There are no substantive 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This rule establishes a special local 

regulation to be enforced from 8:30 a.m. 

until 6:30 p.m. on July 28, 2018 and July 

29, 2018. The regulated area covers all 

navigable waters of the Choptank River 

and Hambrooks Bay bounded by a line 

connecting the following coordinates: 

Commencing at the shoreline at Long 

Wharf Park, Cambridge, MD, at position 

latitude 38°34′30′′ N, longitude 

076°04′16′′ W; thence east to latitude 

38°34′20′′ N, longitude 076°03′46′′ W; 

thence north across the Choptank River 

along the Senator Frederick C. Malkus, 

Jr. (US–50) Memorial Bridge, at mile 

15.5, to latitude 38°35′30′′ N, longitude 

076°02′52′′ W; thence west along the 

shoreline to latitude 38°35′38′′ N, 

longitude 076°03′09′′ W; thence north 

and west along the shoreline to latitude 

38°36′42′′ N, longitude 076°04′15′′ W; 

thence southwest across the Choptank 

River to latitude 38°35′31′′ N, longitude 

076°04′57′′ W terminating at the 

Hambrooks Bay breakwall. This rule 

provides additional information about 

designated areas within the regulated 

area, including a ‘‘Race Area,’’ 

‘‘Spectator Area’’ and ‘‘Buffer Zone,’’ 

and the restrictions that apply to 

mariners. The duration and enforcement 

of the regulated area is intended to 

insure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 9 a.m. through 6 

p.m. high-speed power boat racing 

event. Persons and vessels desiring to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from COTP Maryland-National Capital 

Region or Coast Guard Patrol 


amozie on DSK3GDR082PROD with RULES