Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 37719 

Signed in Washington, DC, on July 9, 2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–14977 Filed 7–15–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–495] 

Schedules of Controlled Substances: 

Placement of N-Ethylhexedrone, alphaPyrrolidinohexanophenone, 4-Methylalpha-ethylaminopentiophenone, 4′- 

Methyl-alphapyrrolidinohexiophenone, alphaPyrrolidinoheptaphenone, and 4′- 

Chloro-alphapyrrolidinovalerophenone in Schedule 

I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Drug Enforcement 

Administration proposes placing six 

synthetic cathinones, as identified in 

this proposed rule, in schedule I of the 

Controlled Substances Act. If finalized, 

this action would make permanent the 

existing 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, or 

possess), or propose to handle these six 

specified controlled substances. 

DATES: Comments must be submitted 

electronically or postmarked on or 

before August 16, 2021. 

Requests for hearing and waivers of 

an opportunity for a hearing or to 

participate in a hearing must be 

received on or before August 16, 2021. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–495’’ on all electronic and 

written correspondence, including any 

attachments. 

• Electronic comments: The Drug 

Enforcement Administration (DEA) 

encourages that all comments be 

submitted electronically through the 

Federal eRulemaking Portal which 

provides the ability to type short 

comments directly into the comment 

field on the web page or attach a file for 

lengthier comments. Please go to http:// 

www.regulations.gov and follow the 

online instructions at that site for 

submitting comments. Upon completion 

of your submission you will receive a 

Comment Tracking Number for your 

comment. Please be aware that 

submitted comments are not 

instantaneously available for public 

view on Regulations.gov. If you have 

received a Comment Tracking Number, 

your comment has been successfully 

submitted and there is no need to 

resubmit the same comment. 

• Paper comments: Paper comments 

that duplicate the electronic submission 

are not necessary. Should you wish to 

mail a paper comment, in lieu of an 

electronic comment, it should be sent 

via regular or express mail to: Drug 

Enforcement Administration, Attn: DEA 

Federal Register Representative/DPW, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. 

• Hearing requests: All requests for a 

hearing and waivers of participation, 

together with a written statement of 

position on the matters of fact and law 

asserted in the hearing, must be sent to: 

Drug Enforcement Administration, Attn: 

Administrator, 8701 Morrissette Drive, 

Springfield, Virginia 22152. All requests 

for hearing and waivers of participation 

should also be sent to: (1) Drug 

Enforcement Administration, Attn: 

Hearing Clerk/OALJ, 8701 Morrissette 

Drive, Springfield, Virginia 22152; and 

(2) Drug Enforcement Administration, 

Attn: DEA Federal Register 

Representative/DPW, 8701 Morrissette 

Drive, Springfield, Virginia 22152. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Ph.D., Drug and 

Chemical Evaluation Section, Drug 

Enforcement Administration; 

Telephone: (571) 362–3249. 

SUPPLEMENTARY INFORMATION: 

In this proposed rule, the Drug 

Enforcement Administration (DEA) 

proposes to permanently schedule the 

following six controlled substances in 

schedule I of the Controlled Substances 

Act (CSA), including their salts, 

isomers, and salts of isomers whenever 

the existence of such salts, isomers, and 

salts of isomers is possible within the 

specific chemical designation: 

• N-ethylhexedrone (other names: aethylaminohexanophenone, ethyl 

hexedrone, HEXEN, 2-(ethylamino)-1- 

phenylhexan-1-one), 

• alpha-pyrrolidinohexanophenone 

(other names: a-pyrrolidinohexanophenone, alpha-PHP, a-PHP, 

PV7, 1-phenyl-2-(pyrrolidin-1-yl)hexan1-one), 

• 4-methyl-alphaethylaminopentiophenone (other names: 

N-ethyl-4-methylnorpentedrone, 4- 

methyl-a-ethylaminopentiophenone, 4- 

MEAP, 2-(ethylamino)-1-(4- 

methylphenyl)pentan-1-one), 

• 4′-methyl-alphapyrrolidinohexiophenone (other names: 

4′-methyl-a-PHP, 4′-methyl PHP, PV4, 

4-MPHP, MPHP, 4-methyl-alphapyrrolidino hexanophenone, 1-(4- 

methylphenyl)-2-(pyrrolidin-1-yl)hexan1-one), 

• alpha-pyrrolidinoheptaphenone 

(other names: alphapyrrolidinoheptiophenone, alpha-PHpP, 

PV8, 1-phenyl-2-(pyrrolidin-1- 

yl)heptan-1-one), and 

• 4′-chloro-alphapyrrolidinovalerophenone (other names: 

4-chloro-a-pyrrolidinopentiophenone, 

4-chloro-a-PVP, 4-Cl-a-PVP, 4-chloro-2- 

(1-pyrrolidinyl)-valerophenone, 1-(4- 

chlorophenyl)-2-(pyrrolidin-1- 

yl)pentan-1-one). 

Posting of Public Comments 

Please note that all comments 

received in response to this docket are 

considered part of the public record. 

They will, unless reasonable cause is 

given, be made available by DEA for 

public inspection online at http://

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. The Freedom of 

Information Act applies to all comments 

received. If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be made 

publicly available, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all of the personal identifying 

information you do not want made 

publicly available in the first paragraph 

of your comment and identify what 

information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be made 

publicly available, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify the confidential 

business information to be redacted 

within the comment. 

Comments containing personal 

identifying information or confidential 

business information identified as 

directed above will be made publicly 

available in redacted form. If a comment 

has so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be made publicly available. 

Comments posted to http://

www.regulations.gov may include any 


jbell on DSKJLSW7X2PROD with PROPOSALS
37720 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 

1Because the Secretary of HHS has delegated to 

the Assistant Secretary for Health (Assistant 

Secretary) the authority to make domestic drug 

scheduling recommendations, for purposes of this 

proposed rulemaking, all subsequent references to 

‘‘Secretary’’ have been replaced with ‘‘Assistant 

Secretary.’’ 

personal identifying information (such 

as name, address, and phone number) 

included in the text of your electronic 

submission that is not identified as 

directed above as confidential. 

An electronic copy of this document 

and supplemental information to this 

proposed rule are available at http://

www.regulations.gov for easy reference. 

Request for Hearing or Waiver of 

Particpation in Hearing 

Pursuant to 21 U.S.C. 811(a), this 

action is a formal rulemaking ‘‘on the 

record after opportunity for a hearing.’’ 

Such proceedings are conducted 

pursuant to the provisions of the 

Administrative Procedure Act, 5 U.S.C. 

551–559. 21 CFR 1308.41–1308.45; 21 

CFR part 1316, subpart D. Interested 

persons may file requests for hearing or 

notices of intent to participate in a 

hearing in conformity with the 

requirements of 21 CFR 1308.44(a) or 

(b), and include a statement of interest 

in the proceeding and the objections or 

issues, if any, concerning which the 

person desires to be heard. Any 

interested person may file a waiver of an 

opportunity for a hearing or to 

participate in a hearing together with a 

written statement regarding the 

interested person’s position on the 

matters of fact and law involved in any 

hearing as set forth in 21 CFR 

1308.44(c). 

All requests for a hearing and waivers 

of participation, together with a written 

statement of position on the matters of 

fact and law involved in such hearing, 

must be sent to DEA using the address 

information provided above. 

Legal Authority 

The CSA provides that proceedings 

for the issuance, amendment, or repeal 

of the scheduling of any drug or other 

substance may be initiated by the 

Attorney General on his own motion. 21 

U.S.C. 811(a). This proposed action is 

supported by a recommendation from 

the Assistant Secretary for Health of the 

Department of Health and Human 

Services (HHS) and an evaluation of all 

other relevant data by DEA. If finalized, 

this action would make permanent the 

existing temporary regulatory controls 

and administrative, civil, and criminal 

sanctions for schedule I controlled 

substances on any person who handles 

(manufactures, distributes, imports, 

exports, engages in research, conducts 

instructional activities or chemical 

analysis, or possesses) or proposes to 

handle N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, or 4-chloro-a-PVP. 

Background 

On July 18, 2019, pursuant to 21 

U.S.C. 811(h)(1), DEA published an 

order in the Federal Register (84 FR 

34291) temporarily placing Nethylhexedrone, alphapyrrolidinohexanophenone (a-PHP), 4- 

methyl-alphaethylaminopentiophenone (4-MEAP), 4′- 

methyl-alpha-pyrrolidinohexiophenone 

(MPHP), alphapyrrolidinoheptaphenone (PV8), and 4′- 

chloro-alpha-pyrrolidinovalerophenone 

(4-chloro-a-PVP) in schedule I of the 

CSA upon finding that these synthetic 

cathinones pose an imminent hazard to 

the public safety. That temporary order 

was effective on the date of publication. 

Pursuant to 21 U.S.C. 811(h)(2), the 

temporary control of these substances is 

set to expire on July 18, 2021. However, 

this same subsection also provides that, 

during the pendency of proceedings 

under 21 U.S.C. 811(a)(1) with respect 

to a substance, the temporary 

scheduling of that substance may be 

extended for up to one year. 

Proceedings for the scheduling of a 

substance under 21 U.S.C. 811(a) may 

be initiated by the Attorney General 

(delegated to the Administrator of DEA 

(Administrator) pursuant to 28 CFR 

0.100) on his own motion, at the request 

of the Secretary of HHS,1 or on the 

petition of any interested party. An 

extension of the existing temporary 

order is being ordered by the 

Administrator in a separate action, and 

is being simultaneously published 

elsewhere in this issue of the Federal 

Register. 

The Administrator, on her own 

motion, is initiating proceedings under 

21 U.S.C. 811(a)(1) to permanently 

schedule N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, and 4-chloro-aPVP. DEA has gathered and reviewed 

the available information regarding the 

pharmacology, chemistry, trafficking, 

actual abuse, pattern of abuse, and the 

relative potential for abuse for these 

synthetic cathinones. On October 22, 

2020, the Acting Administrator of DEA 

submitted a request to the Assistant 

Secretary for Health of HHS (Assistant 

Secretary) to provide DEA with a 

scientific and medical evaluation of 

available information and a scheduling 

recommendation for N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP, in accordance with 21 

U.S.C. 811(b) and (c). Upon evaluating 

the scientific and medical evidence, on 

July 8, 2021, the Assistant Secretary 

submitted to the Acting Administrator 

HHS’s scientific and medical evaluation 

and scheduling recommendation for 

these substances. Upon receipt of the 

scientific and medical evaluation and 

scheduling recommendation from HHS, 

DEA reviewed the document and all 

other relevant data, and conducted its 

own eight-factor analysis of the abuse 

potential of N-ethylhexedrone, a-PHP, 

4-MEAP, MPHP, PV8, and 4-chloro-aPVP in accordance with 21 U.S.C. 

811(c). 

Proposed Determination of Schedule 

N-Ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-Chloro-a-PVP 

As discussed in the background 

section, the Administrator is initiating 

proceedings, pursuant to 21 U.S.C. 

811(a)(1), to add N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP permanently to schedule 

I. DEA has reviewed the scientific and 

medical evaluation and scheduling 

recommendation, received from HHS, 

and all other relevant data and 

conducted its own eight-factor analysis 

of the abuse potential of Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP 

pursuant to 21 U.S.C. 811(c). Included 

below is a brief summary of each factor 

as analyzed by HHS and DEA, and as 

considered by DEA in its proposed 

scheduling action. Please note that both 

the DEA and the HHS 8-Factor analyses 

and the Assistant Secretary’s July 8, 

2021 letter are available in their entirety 

under the tab ‘‘Supporting Documents’’ 

of the public docket of this rulemaking 

action at http://www.regulations.gov, 

under Docket Number ‘‘DEA–495.’’ 

1. The Drug’s Actual or Relative 

Potential for Abuse: Both the DEA and 

the HHS 8-factor analyses found that Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP have 

abuse potential associated with its 

abilities to produce psychoactive effects 

that are similar to those produced by 

schedule I synthetic cathinones such as 

methcathinone, mephedrone, 

methylone, pentylone, and 3,4- 

methylenedioxypyrovalerone (MDPV) 

and schedule II stimulants such as 

methamphetamine and cocaine that 

have a high potential for abuse. In 

particular, the responses in humans to 

N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are 

stimulant-like and include paranoia, 

agitation, palpitations, tachycardia, 

hypertension, and hyperthermia. 

N-Ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP have 

no approved medical uses in the United 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 37721 

2NFLIS is a national drug forensic laboratory 

reporting system that systematically collects results 

from drug chemistry analyses conducted by state 

and local forensic laboratories across the country. 

The NFLIS participation rate, defined as the 

percentage of the national drug caseload 

represented by laboratories that have joined NFLIS, 

is over 97 percent. NFLIS includes drug chemistry 

results from completed analyses only. 

3 57 FR 10499 (1992), pet. for rev. denied, 

Alliance for Cannabis Therapeutics v. DEA, 15 F.3d 

1131, 1135 (D.C. Cir. 1994). 

States but there have been reports of 

individuals experiencing adverse 

outcomes after taking these substances. 

Because these substances are not 

approved drug products, a practitioner 

may not legally prescribe them, and 

they cannot be dispensed to an 

individual. The use of these substances 

without medical advice leads to the 

conclusion that these synthetic 

cathinones are being abused for their 

psychoactive properties. 

Reports from public health and law 

enforcement state that these substances 

are being abused and taken in amounts 

sufficient to create a hazard to an 

individual’s health. This hazard is 

evidenced by emergency department 

admissions or deaths, representing a 

significant safety issue for those in the 

community. Further, from January 2012 

through December 2020 (query date: 

May 3, 2021), the National Forensic 

Laboratory Information System (NFLIS) 

databases registered a total of 2,289 

reports by participating DEA, State, 

local, and other forensic laboratories, as 

applicable, pertaining to Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP.2

NFLIS registered these reports 

identifying these substances in drugrelated exhibits from more than 40 

States. MPHP was first identified in 

June 2012 in seized drug evidence 

(although MPHP was identified in blood 

samples from a 27-year-old decedent in 

2011), followed by 4-MEAP and PV8 

(August and December 2013, 

respectively), alpha-PHP (May 2014), 4- 

chloro-a-PVP (December 2015) and most 

recently N-ethylhexedrone (August 

2016). Consequently, the data indicate 

that N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are 

being abused, and they present safety 

hazards to the health of individuals who 

consume them due to their stimulant 

properties. 

2. Scientific Evidence of the Drug’s 

Pharmacological Effects, if Known: As 

described by HHS, studies show that Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP 

produce pharmacological effects that are 

similar to those produced by schedule I 

and II substances such as 

methamphetamine (II), cocaine (II), 

mephedrone (I), MDPV (I), and 

methylone (I). Similar to these schedule 

I and II substances, N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP bind to monoamine 

transporters for dopamine and 

norepinephrine, and block the uptake of 

these neurotransmitters at their 

transporters. N-Ethylhexedrone, a-PHP, 

and MPHP (4-MEAP, PV8, and 4-chloroa-PVP were not tested in this assay) do 

not promote the release of these 

monoamines. Additionally, behavioral 

studies in animals demonstrate that Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP 

produce locomotor behavior and 

discriminative stimulus effects that are 

similar to those of methamphetamine 

and cocaine. Overall, these data indicate 

that N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP 

produce pharmacological effects and 

stimulant-like behaviors that are similar 

to those of other schedule I synthetic 

cathinones such as methcathinone, 

mephedrone, MDPV, and methylone, as 

well as schedule II stimulants 

methamphetamine and cocaine. 

3. The State of Current Scientific 

Knowledge Regarding the Drug or Other 

Substance: N-Ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, and 4-chloro-a-PVP 

are designer drugs of the 

phenethylamine class and they are 

structurally similar to permanently 

controlled schedule I synthetic 

cathinones and schedule II stimulants 

like methamphetamine. 

Pharmacokinetic studies show that 

humans, in general, metabolize 

synthetic cathinones to their 

corresponding amphetamines followed 

by reduction of the beta-keto group to 

the corresponding alcohol which can 

involve hydrogenation, deethylation, 

demethylation, or hydroxylation. Given 

that N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are 

synthetic cathinones, it is likely that 

these six synthetic cathinones are also 

metabolized to their corresponding 

amphetamines and alcohols. 

Neither DEA nor HHS is aware of any 

currently accepted medical use for Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP. 

According to HHS’s 2021 scientific and 

medical evaluation and scheduling 

recommendation, the Food and Drug 

Administration (FDA) has not approved 

marketing applications for drug 

products containing N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP for any therapeutic 

indication, nor is HHS aware of any 

reports of clinical studies or claims of 

accepted medical use for Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP in the 

United States. 

A drug has a ‘‘currently accepted 

medical use’’ if DEA concludes that it 

satisfies a five-part test. Specifically, 

with respect to a drug that has not been 

approved by FDA, all of the following 

must be demonstrated: The drug’s 

chemistry is known and reproducible; 

there are adequate safety studies; there 

are adequate and well-controlled studies 

proving efficacy; the drug is accepted by 

qualified experts; and the scientific 

evidence is widely available.3 Based on 

this analysis, N-ethylhexedrone, a-PHP, 

4-MEAP, MPHP, PV8, and 4-chloro-aPVP have no currently accepted medical 

use in the United States. Furthermore, 

DEA has not found any references 

regarding clinical testing of these 

substances in the scientific and medical 

literature. Although the chemistry of 

synthetic cathinones, in general, is 

known and has been reproduced, as 

mentioned above there are no clinical 

studies involving N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP. Taken together with 

HHS’s conclusion, DEA finds that there 

is no legitimate medical use for Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP in the 

United States. 

4. History and Current Pattern of 

Abuse: Available evidence suggests that 

the history and pattern of abuse of Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP 

parallel that of permanently controlled 

schedule I cathinone stimulants. Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are 

synthetic cathinones of the 

phenethylamine class and they are 

structurally and pharmacologically 

similar to schedule I and II substances 

such as methcathinone (I) and 

methamphetamine (II). Like these 

schedule I and II substances, Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are 

most likely ingested by swallowing 

capsules or tablets or snorted by nasal 

insufflation of the powder tablets. As 

reported by DEA and HHS, products 

containing N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, or 4-chloro-a-PVP, 

similar to schedule I synthetic 

cathinones, are likely to be falsely 

marketed as ‘‘research chemicals,’’ 

‘‘jewelry cleaner,’’ ‘‘stain remover,’’ 

‘‘plant food or fertilizer,’’ ‘‘insect 

repellants,’’ or ‘‘bath salts;’’ sold at 

smoke shops, head shops, convenience 

stores, adult book stores, or gas stations; 

and purchased on the internet. Like 

those seen with commercial products 


jbell on DSKJLSW7X2PROD with PROPOSALS
37722 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 

4PCC data are derived from the National Poison 

Data System, a database managed by the American 

Association of Poison Control Centers (AAPCC). 

AAPCC is a nationwide network of PCCs that 

receive calls from individuals, healthcare 

professionals, and other interested persons in the 

general U.S. population regarding exposures to 

prescription drugs and other substances. 

5The Dashboard is an online, interactive tool that 

reports on the identification of certain novel 

psychoactive substances in de-identified sample 

extracts from forensic investigations, including 

medicolegal death investigations and toxicology 

testing. The Dashboard was accessed on February 

26, 2021. 

that contain synthetic cathinones, the 

packages of products that contain Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP also 

probably contain the warning ‘‘not for 

human consumption,’’ most likely in an 

effort to circumvent statutory 

restrictions for these substances. Law 

enforcement data indicate that Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are 

available for illicit use and are being 

abused. Demographic data collected 

from published reports and mortality 

records suggest that the main users of Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP, 

similar to other schedule I synthetic 

cathinones permanently placed in 

schedule I, are young adults. Toxicology 

reports also revealed that Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are 

being ingested with other substances 

including other synthetic cathinones, 

common cutting agents, or other 

recreational substances. Consequently, 

products containing synthetic 

cathinones, including Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP, are 

distributed to users, often with 

unpredictable outcomes. Thus, the 

recreational abuse of N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP is a significant concern. 

These data indicate that Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP have a 

history and current pattern of abuse. 

5. Scope, Duration and Significance 

of Abuse: N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, and 4-chloro-a-PVP 

are recreational drugs that emerged on 

the United States’ illicit drug market 

after the scheduling of other synthetic 

cathinones (e.g., N-ethylpentylone, 

ethylone, mephedrone, methylone, 

pentylone, and MDPV) (see DEA’s Eight 

Factor Analysis for a full discussion). 

Forensic laboratories have confirmed 

the presence of N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP in drug exhibits received 

from Federal, State, and local law 

enforcement agencies. MPHP was first 

identified in June 2012 in seized drug 

evidence (although MPHP was 

identified in blood samples from a 27- 

year-old decedent in 2011—see Factor 6 

for details), followed by 4-MEAP and 

PV8 (August and December 2013, 

respectively), alpha-PHP (May 2014), 4- 

chloro-a-PVP (December 2015) and most 

recently N-ethylhexedrone (August 

2016). From January 2012 through 

December 2020 (query date: May 3, 

2021), NFLIS database registered a total 

of 2,289 reports from forensic 

laboratories pertaining to the 6 synthetic 

cathinones (N-ethylhexedrone, 613 

reports; a-PHP—984 reports; 4-MEAP— 

131 reports; MPHP—92 reports; PV8— 

174 reports; and 4-chloro-a-PVP—295 

reports). HHS reported that there were 

13,238 calls to United States poison 

control centers (PCCs) 4 involving 

synthetic cathinones from 2010 to 2019 

and 39 mentions of cathinones of which 

23 were for a-PHP on the Dashboard 5

from July 2018 to July 2020. 

Accordingly, concerns over the 

continuing abuse of synthetic 

cathinones have led to the control of 

many synthetic cathinones. A full 

presentation of the NFLIS reports by 

substance and year, PCC, and Dashboard 

data are available in both DEA’s and 

HHS’s eight-factor analyses within the 

Supporting Documents section of the 

public docket available at http://

www.regulations.gov. 

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

Public Health: HHS reported that the 

public health risks of N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP result from their ability to 

induce stimulant-like responses, which 

may lead to impaired judgement and 

dangerous behavior. Adverse health 

effects associated with the abuse of Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP 

include a number of stimulant-like 

adverse health effects such as 

diaphoresis, insomnia, mydriasis, 

hyperthermia, vomiting, agitation, 

disorientation, paranoia, and abdominal 

pain. Serious adverse events such as 

acute kidney failure, cardiac arrest, 

rhabdomyolysis, and coma have been 

associated with the use of Nethylhexedrone, a-PHP, 4-MEAP, and 

PV8. In addition, N-ethylhexedrone, aPHP, MPHP, and PV8 have been 

involved in the deaths of individuals. 

The identification of N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, or 4- 

chloro-a-PVP in toxicological samples 

associated with fatal and non-fatal 

overdoses as reported in the medical 

and scientific literature, forensic 

laboratory reports, and public health 

documents confirms these adverse 

effects of N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, or 4-chloro-a-PVP. 

Like schedule I synthetic cathinones, Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP have 

caused acute health problems leading to 

emergency department (ED) admissions, 

violent behaviors causing harm to self or 

others, and/or death. Specifically, 

evidence demonstrate that all six 

synthetic cathinones have resulted in 

ED visits that required medical 

attention, but only N-ethylhexedrone, aPHP, MPHP, and PV8 abuse have been 

associated with the deaths of 

individuals. It remains highly likely that 

additional cases of adverse health 

effects involving N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP in the United States have 

occurred and will continue to be underreported as these substances are not part 

of standard panels for toxicological 

analyses of biological specimens. Thus, 

the abuse of N-ethylhexedrone, a-PHP, 

4-MEAP, MPHP, PV8, and 4-chloro-aPVP, like that of the abuse of schedule 

I synthetic cathinones and stimulant 

drugs, poses significant adverse health 

risks including death. 

Furthermore, because abusers of 

synthetic cathinones obtain these 

substances through unregulated sources, 

the identity, purity, and quantity are 

uncertain and inconsistent. These 

unknown factors pose an additional risk 

for significant adverse health effects to 

the end user. 

Based on information received by 

DEA, the abuse of N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP has led to, at least, the 

same qualitative public health risks as 

other schedule I synthetic cathinones 

and the schedule II stimulant 

methamphetamine. The public health 

risks attendant to the abuse of synthetic 

cathinones, including Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP, are well 

established and have resulted in large 

numbers of ED visits and fatal 

overdoses. 

7. Its Psychic or Physiological 

Dependence Liability: According to 

HHS, the psychic or physiological 

dependence liability of Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP is 

demonstrated by their positive abuserelated studies in animals and reported 

stimulant effects in humans. The results 

from two behavioral studies (drug 

discrimination and locomotor studies) 

demonstrate that N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, or 4-chloroa-PVP produced behavioral effects that 

are similar to those of substances with 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 37723 

6N-ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8, 

and 4-chloro-a-PVP are currently subject to 

schedule I controls on a temporary basis, pursuant 

to 21 U.S.C. 811(h). 84 FR 34291, July 18, 2019. An 

order extending the temporary scheduling of Nethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8, and 

4-chloro-a-PVP for one year is published elsewhere 

in this issue of the Federal Register, on the same 

day as this notice of proposed rulemaking. 

stimulant effects such as the schedule II 

stimulants cocaine and 

methamphetamine. Thus, based on the 

structural and pharmacological 

similarities of N-ethylhexedrone, a-PHP, 

4-MEAP, MPHP, PV8, and 4-chloro-aPVP to schedule II stimulant substances 

that have demonstrated psychic or 

physiological dependence liability, it is 

anticipated that the stimulant properties 

of N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP 

produce psychic dependence liability. 

8. Whether the Substance is an 

Immediate Precursor of a Substance 

Already Controlled Under the CSA: NEthylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP are not 

immediate precursors of any controlled 

substance under the CSA as defined by 

21 U.S.C. 802(23). 

Conclusion: After considering the 

scientific and medical evaluation 

conducted by HHS, HHS’s scheduling 

recommendation, and DEA’s own eightfactor analysis, DEA finds that the facts 

and all relevant data constitute 

substantial evidence of the potential for 

abuse of N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, and 4-chloro-aPVP. As such, DEA hereby proposes to 

permanently schedule Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP as 

controlled substances under the CSA. 

Proposed Determination of Appropriate 

Schedule 

The CSA establishes five schedules of 

controlled substances known as 

schedules I, II, III, IV, and V. The CSA 

also outlines the findings required to 

place a drug or other substance in any 

particular schedule. 21 U.S.C. 812(b). 

After consideration of the analysis and 

recommendation of the Assistant 

Secretary for Health of HHS and review 

of all other available data, the 

Administrator of DEA, pursuant to 21 

U.S.C. 811(a) and 812(b)(1), finds that: 

1. N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP have a 

high potential for abuse; 

2. N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP have 

no currently accepted medical use in 

treatment in the United States; and 

3. There is a lack of accepted safety 

for use of N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, and 4-chloro-a-PVP 

under medical supervision. 

Based on these findings, the 

Administrator concludes that Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP, 

including their salts, isomers, and salts 

of isomers, whenever the existence of 

such salts, isomers, and salts of isomers 

is possible within the specific chemical 

designation, warrant control in schedule 

I of the CSA. 21 U.S.C. 812(b)(1). 

Requirements for Handling 

N-Ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-Chloro-a-PVP 

If this rule is finalized as proposed, Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP would 

continue 6 to be subject to the CSA’s 

schedule I regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to the manufacture, 

distribution, reverse distribution, 

importation, exportation, research, and 

conduct of instructional activities 

involving the handling 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 N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, or 4-chloroa-PVP is required to be registered 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. 

2. Security. N-ethylhexedrone, a-PHP, 

4-MEAP, MPHP, PV8, and 4-chloro-aPVP are 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 Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP must 

also comply with the employee 

screening requirements of 21 CFR 

1301.90–1301.93. 

3. Labeling and Packaging. All labels, 

labeling, and packaging for commercial 

containers of N-ethylhexedrone, a-PHP, 

4-MEAP, MPHP, PV8, and 4-chloro-aPVP must be in compliance with 21 

U.S.C. 825, and be in accordance with 

21 CFR part 1302. 

4. Quota. Only registered 

manufacturers are permitted to 

manufacture N-ethylhexedrone, a-PHP, 

4-MEAP, MPHP, PV8, or 4-chloro-a-PVP 

in accordance with a quota assigned 

pursuant to 21 U.S.C. 826 and in 

accordance with 21 CFR part 1303. 

5. Inventory. Any person registered 

with DEA to handle N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, or 4- 

chloro-a-PVP must have an initial 

inventory of all stocks of controlled 

substances (including Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP) on 

hand on the date the registrant first 

engages in the handling of controlled 

substances pursuant to 21 U.S.C. 827 

and in accordance with 21 CFR 1304.03, 

1304.04, and 1304.11. 

After the initial inventory, every DEA 

registrant must take an inventory of all 

controlled substances (including Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, and 4-chloro-a-PVP) on 

hand every two years, pursuant to 21 

U.S.C. 827 and in accordance with 21 

CFR 1304.03, 1304.04, and 1304.11. 

6. Records and Reports. Every DEA 

registrant is required to maintain 

records and submit reports with respect 

to N-ethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP pursuant 

to 21 U.S.C. 827, and in accordance 

with 21 CFR 1301.74(b) and (c) and 

parts 1304, 1312, and 1317. 

Manufacturers and distributors must 

submit reports regarding these 

substances to the Automation of Reports 

and Consolidated Order System 

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

accordance with 21 CFR parts 1304 and 

1312. 

7. Order Forms. Every DEA registrant 

who distributes N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, or 4-chloroa-PVP is required to comply with the 

order form requirements, pursuant to 21 

U.S.C. 828 and 21 CFR part 1305. 

8. Importation and Exportation. All 

importation and exportation of Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP must be 

in compliance with 21 U.S.C. 952, 953, 

957, and 958, and in accordance with 21 

CFR part 1312. 

9. Liability. Any activity involving Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP not 

authorized by, or in violation of the CSA 

or its implementing regulations, is 

unlawful, and could subject the person 

to administrative, civil, and/or criminal 

sanctions. 

Regulatory Analyses 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 

In accordance with 21 U.S.C. 811(a), 

this proposed 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 


jbell on DSKJLSW7X2PROD with PROPOSALS
37724 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 

forth the criteria for scheduling a drug 

or other substance. Such actions are 

exempt from review by the Office of 

Management and Budget (OMB) 

pursuant to section 3(d)(1) of Executive 

Order (E.O.) 12866 and the principles 

reaffirmed in E.O. 13563. 

Executive Order 12988, Civil Justice 

Reform 

This proposed regulation meets the 

applicable standards set forth in 

sections 3(a) and 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 proposed rulemaking does not 

have federalism implications warranting 

the application of E.O. 13132. The 

proposed rule does not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed 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, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 601–612, has reviewed this 

proposed rule and by approving it 

certifies that it will not have a 

significant economic impact on a 

substantial number of small entities. On 

July 18, 2019, DEA published an order 

to temporarily place N-ethylhexedrone, 

a-PHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP in schedule I of the CSA 

pursuant to the temporary scheduling 

provisions of 21 U.S.C. 811(h). DEA 

estimates that all entities handling or 

planning to handle these substances 

have already established and 

implemented the systems and processes 

required to handle N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, or 4-chloroa-PVP. There are currently 34 unique 

registrations authorized to handle Nethylhexedrone, a-PHP, 4-MEAP, 

MPHP, PV8, or 4-chloro-a-PVP 

specifically, as well as a number of 

registered analytical labs that are 

authorized to handle schedule I 

controlled substances generally. From 

review of entity names, DEA estimates 

these 34 registrations represent 29 

entities. Some of these entities are likely 

to be large entities. However, since DEA 

does not have information of registrant 

size and the majority of DEA registrants 

are small entities or are employed by 

small entities, DEA estimates a 

maximum of 29 entities are small 

entities. Therefore, DEA conservatively 

estimates as many as 29 small entities 

are affected by this proposed rule. 

A review of the 34 registrations 

indicates that all entities that currently 

handle N-ethylhexedrone, a-PHP, 4- 

MEAP, MPHP, PV8, or 4-chloro-a-PVP 

also handle other schedule I controlled 

substances, and thus they have 

established and implemented (or 

maintain) the systems and processes 

required to handle N-ethylhexedrone, aPHP, 4-MEAP, MPHP, PV8, and 4- 

chloro-a-PVP as a schedule I substance. 

Therefore, DEA anticipates that this 

proposed rule will impose minimal or 

no economic impact on any affected 

entities, and, thus, will not have a 

significant economic impact on any of 

the 29 affected small entities. Therefore, 

DEA has concluded that this proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandates Reform Act of 1995 

In accordance with the Unfunded 

Mandates Reform Act (UMRA) of 1995, 

2 U.S.C. 1501 et seq., DEA has 

determined and certifies that this 

proposed 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. 

Paperwork Reduction Act of 1995 

This proposed action does not impose 

a new collection of information under 

the Paperwork Reduction Act of 1995. 

44 U.S.C. 3501–3521. This proposed 

action would not impose recordkeeping 

or reporting requirements on State or 

local governments, individuals, 

businesses, or organizations. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, DEA 

proposes to amend 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. Amend § 1308.11 by: 

■ a. Adding paragraphs (d)(94) through 

(99); and 

■ b. Removing and reserving paragraphs 

(h)(42) through (h)(47). 

The additions to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(d) * * * 

(94) N-Ethylhexedrone (Other name: a-ethylaminohexanophenone) ............................................................................................. 7246 

(95) alpha-Pyrrolidinohexanophenone (Other names: a-PHP, a-pyrrolidino-hexanophenone, 1-phenyl-2-(pyrrolidin-1- 

yl)hexan-1-one) ............................................................................................................................................................................... 7544 

(96) 4-Methyl-alpha-Ethylaminopentiophenone (Other names: 4-MEAP, 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one) .... 7245 

(97) 4′-Methyl-alpha-pyrrolidinohexiophenone (Other names: MPHP, 4′-methyl-alpha- pyrrolidino hexanophenone; 1-(4- 

methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one) ............................................................................................................................ 7446 

(98) alpha-Pyrrolidinoheptaphenone (Other names: PV8, 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one) ........................................ 7548 

(99) 4′-Chloro-alpha-Pyrrolidinovalerophenone (Other names: 4-chloro-a-PVP, 4-chloro-a-pyrrolidinopentiophenone, 1-(4- 

chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one) ............................................................................................................................ 7443 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 37725 

* * * * * 

Anne Milgram, 

Administrator. 

[FR Doc. 2021–15114 Filed 7–15–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–SACN–31398; PPMWMWROW2/ 

PMP00UP05.YP0000] 

RIN 1024–AE64 

St. Croix National Scenic Riverway, 

Bicycling 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to amend the special 

regulations for St. Croix National Scenic 

Riverway to allow bicycle use on a 0.25- 

mile connector trail across National 

Park Service land near Cable, 

Wisconsin. The new trail would provide 

direct access to the Riverway and new 

recreational opportunities within the 

Riverway and on the Chequamegon 

Area Mountain Bike Association trail 

network in Bayfield County, Wisconsin. 

National Park Service regulations 

require promulgation of a special 

regulation to designate new trails for 

bicycle use off park roads and outside 

of developed areas. 

DATES: Comments on the proposed rule 

must be received by 11:59 p.m. EDT on 

September 14, 2021. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE64, by either of 

the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) By hard copy: Mail to: 

Superintendent, St. Croix National 

Scenic Riverway, 401 North Hamilton 

Street, St. Croix Falls, WI 54024. 

Document Availability: The Cable 

Connector Trail Environmental 

Assessment and Finding of No 

Significant Impact provide information 

and context for this proposed rule and 

are available online at https://

parkplanning.nps.gov/sacn by clicking 

the link entitled ‘‘Cable Connector 

Trail’’ and then clicking the link 

entitled ‘‘Document List.’’ 

Instructions: Comments will not be 

accepted by fax, email, or in any way 

other than those specified above. All 

submissions received must include the 

words ‘‘National Park Service’’ or 

‘‘NPS’’ and must include the docket 

number or RIN (1024–AE64) for this 

rulemaking. Comments received may be 

posted without change to 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov and search for 

‘‘1024–AE64’’. 

FOR FURTHER INFORMATION CONTACT: Julie 

Galonska, Superintendent, St. Croix 

National Scenic Riverway; (715) 483– 

2270, julie_galonska@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Namekagon and St. Croix Rivers 

flow through some of the most scenic 

and least developed country in the 

Upper Midwest. The free-flowing 

character and exceptional water quality 

of these waterways serve as a unique 

ecological corridor in northwest 

Wisconsin and eastern Minnesota that 

sustains a diversity of aquatic and 

terrestrial wildlife and habitats. 

In 1968, to preserve, protect, and 

enhance this unique national resource 

for the benefit and enjoyment of present 

and future generations, Congress 

established the St. Croix National 

Scenic Riverway, a 230-mile long 

protected area that includes the 

Namekagon River, as one of the original 

eight rivers protected under the national 

Wild and Scenic Rivers Act. In 1972, the 

Lower St. Croix National Scenic 

Riverway was added to the National 

Wild and Scenic Rivers System. 

Together, these areas form the Riverway. 

Today, the rivers continue to flow 

unimpeded for considerable distances 

as they have for millennia, through the 

river corridor, growing and changing in 

character from their headwaters to the 

St. Croix’s confluence with the 

Mississippi. The Riverway offers 

exceptional recreational opportunities 

for visitors to paddle, boat, camp, hike, 

fish, explore, and find solitude in a 

natural setting close to the major 

metropolitan area of Minneapolis-Saint 

Paul. The National Park Service (NPS) 

and state partners work with local 

communities to maintain the aquatic, 

cultural, recreational, riparian, scenic– 

aesthetic, and geologic values of the 

rivers for the benefit and enjoyment of 

more than 600,000 annual visitors. 

Cable Connector Trail Environmental 

Assessment 

The NPS proposes to construct a 0.25- 

mile connector trail through the 

Riverway near Cable, Wisconsin. The 

trail would be designed for hiking, trail 

running, and bicycle and electric 

bicycle (e-bike) use, and silent sports in 

the winter such as fat-tire bicycling, 

snowshoeing, and cross-country skiing. 

It would be the first trail at the Riverway 

open to bicycle use. Construction of the 

trail would respond to a specific 

opportunity identified by the NPS and 

local partners to create a link across 

public land to provide direct access to 

the Riverway and new recreational 

opportunities within the Riverway and 

on the Chequamegon Area Mountain 

Bike Association (CAMBA) trail 

network in Bayfield County, Wisconsin. 

The trail would be built from the end of 

a segment of CAMBA’s Wild River Trail 

on a former railroad grade near the 

Town of Cable, connecting to Parker 

Road. The trail would provide a critical 

link to adjoining trails and would serve 

an important role providing 

connectivity for several local trail 

running and biking events that start or 

finish in the Cable area. The bare soil 

trail would be built using sustainable 

trail construction techniques to protect 

natural and cultural resources. The trail 

would utilize landforms and natural 

features exhibiting the natural beauty of 

the area and would feature a slight 

crown, shallow grades, open sight lines, 

and gentle turns to support user safety, 

provide adequate drainage to minimize 

braiding, seasonal muddiness, and 

erosion, and reduce the overall 

maintenance costs associated with more 

complex trail features. Signage would 

clearly indicate allowed uses on the 

trail. Equestrian and motorized use 

would not be allowed. 

On September 22, 2020, the NPS 

published the Cable Connector Trail 

Environmental Assessment (EA). The 

EA describes one action alternative (the 

preferred alternative) and the no-action 

alternative. Under the preferred 

alternative, the NPS would construct the 

0.25 mile Cable Connector Trail to 

accommodate bicycle and e-bike use. 

The EA evaluates (1) the suitability of 

the Cable Connector Trail for bicycle 

and e-bike use; and (2) life cycle 

maintenance costs, safety 

considerations, methods to prevent or 

minimize user conflict, and methods to 

protect natural and cultural resources 

and mitigate impacts associated with 

bicycle and e-bike use on the trail. The 

EA contains a full description of the 

purpose and need for taking action, the 

alternatives considered, a map of the 

affected area, and the environmental 

impacts associated with the project. 

After a public review period, on 

February 1, 2021, the Regional Director 


jbell on DSKJLSW7X2PROD with PROPOSALS