Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations 86263 

Safety Agency (EASA) Emergency AD 2023– 

0204–E, dated November 20, 2023 (EASA AD 

2023–0204–E). 

(h) Exceptions to EASA AD 2023–0204–E 

(1) Where EASA AD 2023–0204–E defines 

‘‘the SB,’’ this AD requires using Guimbal 

Mandatory Service Bulletin SB 23–006, 

Revision B, dated November 14, 2023. 

(2) Where EASA AD 2023–0204–E refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(3) Where EASA AD 2023–0204–E requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(4) Where Table 1 in EASA AD 2023– 

0204–E states, ‘‘Compliance Time after the 

Effetive Date,’’ for this AD, replace that text 

with, ‘‘Compliance Time after the Effective 

Date.’’ 

(5) Where Note (1) of EASA AD 2023– 

0204–E states, ‘‘For the initial inspection, a 

single ferry flight without passengers is 

allowed to a maintenance location, where the 

actions required by this AD can be 

accomplished,’’ for this AD, replace that text 

with, ‘‘For the initial inspection, a single 

special flight permit may be issued in 

accordance with 14 CFR 21.197 and 21.199 

to a maintenance location where the actions 

required by this AD can be accomplished, 

provided there are no passengers onboard.’’ 

(6) Where the service information 

referenced in EASA AD 2023–0204–E states 

performing a dye-penetrant inspection, this 

AD does not require that action. 

(7) Instead of complying with paragraphs 

(2) and (3) of EASA AD 2023–0204–E and 

paragraph d) of the service information 

referenced in EASA AD 2023–0204–E, for 

this AD, comply with the following: ‘‘As a 

result of an inspection required by paragraph 

(1) of EASA AD 2023–0204–E, if there is a 

crack, before further flight, remove the 

affected part, as defined in EASA AD 2023– 

0204–E, from service and replace it with a 

serviceable part, as defined in EASA AD 

2023–0204–E, in accordance with a method 

approved by the Manager, International 

Validation Branch, FAA; or EASA; or 

He ́licopte`res Guimbal EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature.’’ 

(8) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0204–E. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (j) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Additional Information 

For more information about this AD, 

contact Dan McCully, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone (404) 474– 

5548; email william.mccully@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) Emergency AD 2023–0204–E, dated 

November 20, 2023. 

(ii) Guimbal Mandatory Service Bulletin 

SB 23–006, Revision B, dated November 14, 

2023. 

(3) For EASA AD 2023–0174–E, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

(4) For Guimbal service information 

identified in this AD, contact contact 

He ́licopte`res Guimbal, 1070, rue du 

Lieutenant Parayre, Ae ́rodrome d’Aix-enProvence, 13290 Les Milles, France; phone 

33–04–42–39–10–88; email support@

guimbal.com; or at guimbal.com. 

(5) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(6) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, visit 

www.archives.gov/federal-register/cfr/ibrlocations or email fr.inspection@nara.gov. 

Issued on December 8, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–27429 Filed 12–11–23; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1397; Project 

Identifier MCAI–2023–00014–E; Amendment 

39–22626; AD 2023–24–09] 

RIN 2120–AA64 

Airworthiness Directives; Safran 

Helicopter Engines, S.A. (Type 

Certificate Previously Held by 

Turbomeca S.A.) Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Safran Helicopter Engines, S.A. (Safran) 

(type certificate previously held by 

Turbomeca S.A.) Model Arrius 2R 

engines. This AD is prompted by reports 

of inconsistencies between the torque 

(TQ) and measured gas temperature 

(MGT) conformation values recorded in 

the avionics and the TQ and MGT 

conformation values recorded on the 

engine log cards following replacement 

of the M01 and M02 modules installed 

on the engine. This AD requires a onetime check of the consistency between 

the TQ and MGT conformation values 

recorded in the avionics and the values 

recorded on the engine log cards, and, 

if necessary, recalibrating the values and 

updating the engine logs, as specified in 

a European Union Aviation Safety 

Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective January 17, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 17, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1397; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For service information identified 

in this final rule, contact EASA, KonradVerDate Sep<11>2014 15:50 Dec 12, 2023 Jkt 262001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1

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86264 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations 

Adenauer-Ufer 3, 50668 Cologne, 

Germany; phone: +49 221 8999 000; 

email: ADs@easa.europa.eu; website: 

ad.easa.europa.eu. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 1200 District Avenue, 

Burlington, MA 01803. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. It is also 

available at regulations.gov under 

Docket No. FAA–2023–1397. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Clark, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: (781) 238– 

7088; email: kevin.m.clark@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Safran Helicopter Engines, 

S.A. Model Arrius 2R engines. The 

NPRM published in the Federal 

Register on July 12, 2023 (88 FR 44232). 

The NPRM was prompted by EASA AD 

2022–0265R1, dated January 6, 2023 

(EASA AD 2022–0265R1) (also referred 

to as the MCAI), issued by EASA, which 

is the Technical Agent for the Member 

States of the European Union. The 

MCAI states that inconsistencies were 

reported between the TQ and MGT 

conformation values recorded in the 

avionics and the values recorded on the 

engine log cards following replacement 

of the M01 or M02 modules installed on 

the engine. This condition, if not 

corrected, could affect the engine power 

assurance check and lead to 

underestimated or overestimated TQ 

and MGT conformation values. 

Underestimated MGT conformation 

values could lead to an exceedance of 

the certified thermal limit of the highpressure (HP) blades, possibly resulting 

in HP blade rupture with consequent 

sudden power loss and release of lowenergy debris. Underestimated TQ 

conformation values could lead to 

overpassing the helicopter transmission 

limit. Overestimated TQ and MGT 

conformation values could lead to an 

electronic engine control unit embedded 

value that could result in power nonavailability. Each of the above 

conditions could result in reduced 

control of the helicopter. 

In the NPRM, the FAA proposed to 

require accomplishing the actions 

specified in the MCAI, except for any 

differences identified as exceptions in 

the regulatory text. The FAA is issuing 

this AD to address the unsafe condition 

on these products. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1397. 

Discussion of Final Airworthiness 

Directive 

The FAA received a comment from 

one commenter, Summit Helicopters, 

Inc (Summit). The following presents 

the comments received on the NPRM 

and the FAA’s response to each 

comment. 

Request To Not Incorporate the EASA 

AD by Reference 

Summit objected to incorporating the 

foreign government’s AD by reference in 

FAA ADs, including this one. Summit 

mentioned that the work of revising the 

EASA AD to match the exceptions in 

the AD significantly increases the 

paperwork and hours needed to 

complete the requirements of the AD. 

Summit also objected to requiring U.S.- 

based mechanics to access foreign 

government websites to comply with the 

AD. Summit pointed out that accessing 

the foreign government website to 

retrieve and, further, modify the EASA 

AD with the exceptions contained in the 

FAA AD, specifically to comply, has the 

potential for confusion, especially with 

to the differing effective dates of the 

EASA AD and the FAA AD. Summit 

suggested that the FAA instead copy the 

required actions from the foreign AD 

into the FAA AD. The FAA also infers 

that Summit is requesting that the FAA 

discontinue the incorporation by 

reference of foreign ADs in all FAA 

ADs. 

The FAA disagrees with the request. 

While this newer type of AD format 

results in another document needing to 

be reviewed by the mechanic, there is a 

benefit to operators that is not readily 

apparent. Most MCAIs permit using 

future approved revisions of required 

and related material without the need 

for an operator to request an alternative 

method of compliance (AMOC). The 

FAA is not permitted to include ‘‘or 

future approved revisions’’ directly in 

an AD. When an MCAI is not 

incorporated by reference, the FAA 

would require operators to be issued an 

AMOC allowing future, alleviating 

revisions of required material. 

Therefore, this method minimizes the 

need for AMOCs. Finally, since the 

MCAI is made available within the 

docket on regulations.gov when the 

NPRM is published, it is unnecessary 

for a U.S.-based person to access a 

foreign website to obtain a copy. 

Conclusion 

These products have been approved 

by the aviation authority of another 

country and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with this 

State of Design Authority, it has notified 

the FAA of the unsafe condition 

described in the MCAI referenced 

above. The FAA reviewed the relevant 

data, considered the comments 

received, and determined that air safety 

requires adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on these 

products. Except for minor editorial 

changes, this AD is adopted as proposed 

in the NPRM. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed EASA AD 2022– 

0265R1, which specifies instructions for 

a one-time check of the consistency 

between the TQ and MGT conformation 

values recorded in the avionics and the 

values recorded in the engine log cards, 

and, if necessary, recalibrating the 

values and updating the engine logs. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in ADDRESSES. 

Costs of Compliance 

The FAA estimates that this AD 

affects 145 engines installed on 

helicopters of U.S. registry. 

The FAA estimates the following 

costs to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Perform consistency check .................... 1 work-hour × $85 per hour = $85 ........ $0 $85 $12,325 


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Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations 86265 

The FAA estimates the following 

costs to do any necessary recalibration 

that would be required based on the 

results of the consistency check. The 

agency has no way of determining the 

number of aircraft that might need 

recalibration: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Recalibrate conformation values and update 

records.

1 work-hour × $85 per hour = $85 ......................... $0 $85 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect 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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–24–09 Safran Helicopter Engines, 

S.A. (Type Certificate Previously Held 

by Turbomeca, S.A.): Amendment 39– 

22626; Docket No. FAA–2023–1397; 

Project Identifier MCAI–2023–00014–E. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 17, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Safran Helicopter 

Engines, S.A. (type certificate previously 

held by Turbomeca S.A.) Model Arrius 2R 

engines. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7700, Engine Indicating System. 

(e) Unsafe Condition 

This AD was prompted by reports of 

inconsistencies between the torque (TQ) and 

measured gas temperature (MGT) 

conformation values recorded in the avionics 

and the TQ and MGT conformation values 

recorded on the engine log cards following 

replacement of the M01 or M02 modules 

installed on the engine. The FAA is issuing 

this AD to address inconsistencies between 

the TQ and MGT conformation values 

recorded. The unsafe condition, if not 

addressed, could result in reduced control of 

the helicopter due to one or more of the 

following: a power non-availability; a highpressure blade rupture with consequent 

power loss and release of low-energy debris; 

or an overpassing of the helicopter 

transmission limit. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraphs (h) and 

(i) of this AD: Perform all required actions 

within the compliance times specified in, 

and in accordance with, European Union 

Aviation Safety Agency (EASA) AD 2022– 

0265R1, dated January 6, 2023 (EASA AD 

2022–0265R1). 

(h) Exceptions to EASA AD 2022–0265R1 

(1) Where EASA AD 2022–0265R1 refers to 

January 4, 2023 (the effective date of the 

original issue of EASA AD 2022–0265), this 

AD requires using the effective date of this 

AD. 

(2) This AD does not adopt the Remarks 

paragraph of EASA AD 2022–0265R1. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2022–0265R1 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (k) of this AD and 

email to: ANE-AD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Additional Information 

For more information about this AD, 

contact Kevin Clark, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (781) 238– 

7088; email: kevin.m.clark@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0265R1, dated January 6, 

2023. 

(ii) [Reserved] 

(3) For EASA AD 2022–0265R1, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 


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86266 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations 

1AB–PINACA (and its isomers) has been subject 

to temporary schedule I controls since January 30, 

2015, first pursuant to a final order (January 30, 

2015, 80 FR 5042) and the subsequent one-year 

extension of that order (January 27, 2017, 82 FR 

8590), and then permanently pursuant to a final 

rule, which continued the imposition of those 

controls (October 16, 2017, 82 FR 47971). 

2a-PHP (and its isomers) has been subject to 

temporary schedule I controls since July 18, 2019, 

first pursuant to a temporary scheduling order (July 

18, 2019, 84 FR 34291) and the subsequent one-year 

extension of that order (July 16, 2021, 86 FR 37672), 

and then permanently pursuant to a final rule 

which continued the imposition of those controls 

(June 1, 2022, 87 FR 32996). 

3Positional isomers of mephedrone have been 

subject to permanent schedule I controls since July 

9, 2012 (Synthetic Drug Abuse Prevention Act of 

2012 or SDAPA, Public Law 112–144, Title XI, 

Subtitle D). 

Cologne, Germany; phone: +49 221 8999 000; 

email: ADs@easa.europa.eu; website: 

easa.europa.eu. You may find this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on November 30, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–27257 Filed 12–12–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–1222] 

Specific Listing for Three Currently 

Controlled Schedule I Substances 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Drug Enforcement 

Administration (DEA) is establishing a 

specific listing and DEA Controlled 

Substances Code Number (drug code) 

for three substances: N-(1-amino-3,3- 

dimethyl-1-oxobutan-2-yl)-1-butyl-1Hindazole-3-carboxamide (also known as 

ADB–BUTINACA); 4-methyl-1-phenyl2-(pyrrolidin-1-yl)pentan-1-one (also 

known as a-PiHP or alpha-PiHP); and 2- 

(methylamino)-1-(3- 

methylphenyl)propan-1-one (also 

known as 3–MMC or 3- 

methylmethcathinone) in schedule I of 

the Controlled Substances Act (CSA). 

Although ADB–BUTINACA, a-PiHP, 

and 3–MMC are not specifically listed 

in schedule I of the CSA with their own 

unique drug codes, they are schedule I 

controlled substances in the United 

States because they are positional 

isomers of AB–PINACA (controlled 

January 30, 2015), a-PHP (controlled 

July 18, 2019), and mephedrone 

(controlled as a hallucinogen July 9, 

2012), respectively, each of which are 

schedule I hallucinogens. Therefore, 

DEA is simply amending the schedule I 

hallucinogenic substances list in its 

regulations to separately include ADB– 

BUTINACA, a-PiHP, and 3–MMC. 

DATES: Effective December 13, 2023. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Terrence L. Boos, Drug and Chemical 

Evaluation, Diversion Control Division, 

Drug Enforcement Administration; 

Telephone: (571) 362–3249. 

SUPPLEMENTARY INFORMATION: 

ADB–BUTINACA Control 

ADB–BUTINACA (also known as N- 

(1-amino-3,3-dimethyl-1-oxobutan-2-yl)- 

1-butyl-1H-indazole-3-carboxamide) is a 

chemical substance that is structurally 

related to AB–PINACA (also known as 

N-(1-amino-3-methyl-1-oxobutan-2-yl)- 

1-pentyl-1H-indazole-3-carboxamide). 

AB–PINACA is listed as a 

hallucinogenic substance in schedule I 

at 21 CFR 1308.11(d)(70). The 

introductory text to paragraph (d) 

provides: (1) A listed substance includes 

‘‘any of 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,’’ and (2) the term ‘‘isomer’’ 

includes the ‘‘optical, position[al], and 

geometric isomers.’’ 

When compared to the chemical 

structure of AB–PINACA, ADB– 

BUTINACA meets the definition of a 

positional isomer in 21 CFR 1300.01(b), 

which cross-references the term 

‘‘positional isomer’’ in 21 CFR 

1308.11(d). Both AB–PINACA and 

ADB–BUTINACA possess the same 

molecular formula and core structure, 

and they have the same functional 

groups. They only differ from one 

another by a rearrangement of an alkyl 

moiety between functional groups that 

does not create new chemical 

functionalities or destroy existing 

chemical functionalities. Accordingly, 

under 21 CFR 1308.11(d), ADB– 

BUTINACA, as a positional isomer of 

AB–PINACA, has been and continues to 

be a schedule I controlled substance.1

a-PiHP Control 

a-PiHP (also known as 4-methyl-1- 

phenyl-2-(pyrrolidin-1-yl)pentan-1-one 

or alpha-PiHP) is a chemical substance 

that is structurally related to a-PHP 

(also known as 1-phenyl-2-(pyrrolidin1-yl)hexan-1-one). a-PHP is listed as a 

hallucinogenic substance in schedule I 

at 21 CFR 1308.11(d)(95). When 

compared to the chemical structure of aPHP, a-PiHP meets the definition of a 

positional isomer in 21 CFR 1300.01(b), 

which cross-references the term 

‘‘positional isomer’’ in 21 CFR 

1308.11(d). Both a-PHP and a-PiHP 

possess the same molecular formula and 

core structure, and they have the same 

functional groups. They only differ from 

one another by a rearrangement of an 

alkyl moiety that does not create new 

chemical functionalities or destroy 

existing chemical functionalities. 

Accordingly, under 21 CFR 1308.11(d), 

a-PiHP, as a positional isomer of a-PHP, 

has been and continues to be a schedule 

I controlled substance.2

3–MMC Control 

3–MMC (also known 2- 

(methylamino)-1-(3- 

methylphenyl)propan-1-one or 3- 

methylmethcathinone) is a chemical 

substance that is structurally related to 

mephedrone (also known as 4- 

methylmethcathinone). Mephedrone is 

listed as a hallucinogenic substance in 

schedule I at 21 CFR 1308.11(d)(36). 

When compared to the chemical 

structure of mephedrone, 3–MMC meets 

the definition of a positional isomer in 

21 CFR 1300.01(b), which crossreferences the term ‘‘positional isomer’’ 

in 21 CFR 1308.11(d). Both mephedrone 

and 3–MMC possess the same molecular 

formula and core structure, and they 

have the same functional groups. They 

only differ from one another by a 

repositioning of an alkyl moiety. 

Accordingly, under 21 CFR 1308.11(d), 

3–MMC, as a positional isomer of 

mephedrone, has been and continues to 

be a schedule I controlled substance.3

The Drug Enforcement Administration’s 

(DEA) Authority To Control ADB– 

BUTINACA, a-PiHP, and 3–MMC 

This rule is prompted by a letter dated 

May 17, 2023, in which the United 

States government was informed by the 

Secretariat of the United Nations that 

ADB–BUTINACA, a-PiHP, and 3–MMC 

have been added to Schedule II of the 

Convention on Psychotropic Substances 

of 1971 (1971 Convention). This letter 

was prompted by decisions at the 66th 

Session of the Commission on Narcotic 

Drugs (CND) in March 2023 to schedule 

ADB–BUTINACA, a-PiHP, and 3–MMC 

under Schedule II of the 1971 


khammond on DSKJM1Z7X2PROD with RULES