Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 30775 

1As set forth in a memorandum of understanding 

entered into by the Food and Drug Administration 

(FDA) and the National Institute on Drug Abuse 

(NIDA), FDA acts as the lead agency within HHS 

in carrying out the Secretary’s scheduling 

responsibilities under the CSA, with the 

concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. 

The Secretary of HHS has delegated to the Assistant 

Secretary for Health of HHS the authority to make 

domestic drug scheduling recommendations. 58 FR 

35460, July 1, 1993. 

* * * * * 

D. Christopher Evans, 

Acting Administrator. 

[FR Doc. 2021–11981 Filed 6–9–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–479] 

Schedules of Controlled Substances: 

Placement of NM2201, 5F-AB-PINACA, 

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

Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final rule. 

SUMMARY: By this rule, the Drug 

Enforcement Administration 

permanently places five synthetic 

cannabinoids, as identified in this final 

rule, in schedule I of the Controlled 

Substances Act. These five substances 

are currently listed in Schedule I 

pursuant to a temporary scheduling 

order. As a result of this rule, the 

regulatory controls and administrative, 

civil, and criminal sanctions applicable 

to schedule I controlled substances on 

persons who handle (manufacture, 

distribute, import, export, engage in 

research, conduct instructional 

activities or chemical analysis, or 

possess), or propose to handle these five 

specified controlled substances will 

continue to apply. 

DATES: Effective June 10, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Drug & Chemical 

Evaluation Section, Diversion Control 

Division, Drug Enforcement 

Administration; Telephone: (571) 362– 

3249. 

SUPPLEMENTARY INFORMATION: In this 

final rule, the Drug Enforcement 

Administration (DEA) is permanently 

scheduling the following five 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: 

• naphthalen-1-yl 1-(5-fluoropentyl)- 

1H-indole-3-carboxylate (other names: 

NM2201 or CBL2201), 

• N-(1-amino-3-methyl-1-oxobutan-2- 

yl)-1-(5-fluoropentyl)-1H-indazole-3- 

carboxamide (other name: 5F–ABPINACA), 

• 1-(4-cyanobutyl)-N-(2- 

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

carboxamide (other names: 4-CNCUMYL-BUTINACA, 4-cyano-CUMYLBUTINACA; 4-CN-CUMYL BINACA, 

CUMYL-4CN-BINACA, or SGT-78), 

• methyl 2-(1-(cyclohexylmethyl)-1Hindole-3-carboxamido)-3- 

methylbutanoate (other names: MMBCHMICA or AMB-CHMICA), and 

• 1-(5-fluoropentyl)-N-(2- 

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

b]pyridine-3-carboxamide (other name: 

5F-CUMYL-P7AICA). 

Legal Authority 

The CSA provides that issuing, 

amending, or repealing of the 

scheduling of any drug or other 

substance may be initiated by the 

Attorney General (1) on his own motion; 

(2) at the request of the Secretary of the 

Department of Health and Human 

Services (HHS); 1 or (3) on the petition 

of any interested party. 21 U.S.C. 811(a). 

The Attorney General initiated this 

action on his own motion, as delegated 

to the Administrator of DEA, and is 

supported by, inter alia, a 

recommendation from the Assistant 

Secretary for Health of HHS (Assistant 

Secretary) and an evaluation of all 

relevant data by DEA. The regulatory 

controls and administrative, civil, and 

criminal sanctions of schedule I 

controlled substances on any person 

who handles (manufactures, distributes, 

imports, exports, engages in research, or 

conducts instructional activities or 

chemical analysis with, or possesses) or 

proposes to handle NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, and 5F-CUMYLP7AICA will continue to apply as a 

result of this action. 

Background 

On July 10, 2018, DEA published an 

order in the Federal Register amending 

21 CFR 1308.11(h) to temporarily place 

naphthalen-1-yl 1-(5-fluoropentyl)-1Hindole-3-carboxylate (other names: 

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

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

fluoropentyl)-1H-indazole-3- 

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

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

carboxamide (other names: 4-CNCUMYL-BUTINACA, 4-cyano-CUMYLBUTINACA, 4-CN-CUMYL BINACA, 

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

methyl 2-(1-(cyclohexylmethyl)-1Hindole-3-carboxamido)-3- 

methylbutanoate (other names: MMBCHMICA or AMB-CHMICA) and 1-(5- 

fluoropentyl)-N-(2-phenylpropan-2-yl)- 

1H-pyrrolo[2,3-b]pyridine-3- 

carboxamide (other name: 5F-CUMYLP7AICA) in schedule I of the CSA 

pursuant to the temporary scheduling 

provisions of 21 U.S.C. 811(h). 83 FR 

31877. That temporary scheduling order 

took effect on the date of publication, 

and was based on findings by the former 

Acting Administrator of DEA that the 

temporary scheduling of these five 

synthetic cannabinoids (SCs) was 

necessary to avoid an imminent hazard 

to the public safety pursuant to 21 

U.S.C. 811(h)(1). 

On July 13, 2020, DEA published an 

order to extend the temporary 

scheduling of the five SCs by one year, 

until July 10, 2021. 85 FR 42296. Also, 

on that same date and in the same issue 

of the Federal Register, DEA published 

a notice of proposed rulemaking 

(NPRM) to permanently control the five 

SCs in schedule I of the CSA. 85 FR 

42290. Specifically, DEA proposed to 

add these five SCs to the hallucinogenic 

substances list under 21 CFR 

1308.11(d). 

DEA and HHS Eight Factor Analyses 

On May 29, 2020, HHS provided DEA 

with a scientific and medical evaluation 

and scheduling recommendation, 

prepared by the Food and Drug 

Administration (FDA), entitled ‘‘Basis 

for the Recommendation to Place 

Naphthalen-1-yl 1-(5-fluoropentyl)-lHindole-3-carboxylate [NM2201; 

CBL2201], N-(1-amino-3-methyl-1- 

oxobutan-2-yl)-1-(5-fluoropentyl)-lHindazole-3-carboxamide [5F-ABPINACA], 1-(4-cyanobutyl)-N-(2- 

phenylpropan-2-yl)lH-indazole-3- 

carboxamide (4-CN-CUMYLBUTINACA; 4-cyano-CUMYLBUTINACA; 4-CN-CUMYL BINACA; 

CUMYL-4CN-BINACA; SGT-78], methyl 

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

carboxamido)-3-methylbutanoate 

[MMB-CHMICA; AMB-CHMICA], and 1- 

(5-fluoropentyl)-N-(2-phenylpropan-2- 

yl)-1H-pyrrolo[2,3-b]pyridine-3- 

carboxamide [5F-CUMYL-P7AICA; 

CUMYL-5F-P7AICA; SGT-263] and 

Their Salts in Schedule I of the 

Controlled Substances Act.’’ 

After considering the eight factors in 

21 U.S.C. 811(c), each substance’s abuse 

potential, lack of legitimate medical use 

in the United States, and lack of 

accepted safety for use under medical 

supervision pursuant to 21 U.S.C. 


khammond on DSKJM1Z7X2PROD with RULES
30776 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 

2Although there is no evidence suggesting that 

NM2201, 5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, or 5F-CUMYLP7AICA have currently accepted medical uses in 

treatment in the United States, it bears noting that 

a drug cannot be found to have such medical use 

unless DEA concludes that it satisfies a five-part 

test. Specifically, with respect to a drug that has not 

been approved by FDA, to have a currently 

accepted medical use in treatment in the United 

States, all of the following must be demonstrated: 

i. the drug’s chemistry must be known and 

reproducible; ii. there must be adequate safety 

studies; iii. there must be adequate and wellcontrolled studies proving efficacy; iv. the drug 

must be accepted by qualified experts; and v. the 

scientific evidence must be widely available. 57 FR 

10499 (1992), pet. for rev. denied, Alliance for 

Cannabis Therapeutics v. DEA, 15 F.3d 1131, 1135 

(D.C. Cir. 1994). 

3NM2201, 5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, and 5F-CUMYLP7AICA have been subject to schedule I controls on 

a temporary basis, pursuant to 21 U.S.C. 811(h), by 

virtue of the July 10, 2018 temporary scheduling 

order (83 FR 31877) and the subsequent one year 

extension of that order (July 13, 2020, 85 FR 42296). 

812(b), the Assistant Secretary 

recommended that NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, and 5F-CUMYLP7AICA be placed in schedule I of the 

CSA. In response, DEA conducted its 

own eight-factor analysis of NM2201, 

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

The NPRM stated that the DEA and 

HHS analyses, as well as the Assistant 

Secretary’s May 29, 2020, letter to DEA, 

were available for viewing on the 

electronic docket. However, DEA 

discovered that these documents were 

not posted to the electronic docket as 

stated, and were only available for 

viewing at DEA headquarters. Upon 

publication of this final rule, DEA will 

post these documents in their entirety in 

the public docket for this rule (Docket 

Number DEA-479) at http://

www.regulations.gov under ‘‘Supporting 

Documents.’’ 

NPRM To Schedule NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, and 5F-CUMYLP7AICA 

On July 13, 2020, DEA published an 

NPRM entitled ‘‘Schedules of 

Controlled Substances: Placement of 

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

and 5F-CUMYL-P7AICA in Schedule I.’’ 

85 FR 42290. The NPRM provided an 

opportunity for interested persons to file 

a request for hearing in accordance with 

DEA regulations on or before August 12, 

2020. No requests for such a hearing 

were received by DEA. The NPRM also 

provided an opportunity for interested 

persons to submit comments on the 

proposed rule on or before August 12, 

2020. 

Comments Received 

DEA received two comments on the 

proposed rule to control NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, and 5FCUMYL-P7AICA in schedule I of the 

CSA. However, neither comment was 

relevant to this specific rule. One 

commenter discussed an electronic 

database for use in pain clinics, while 

the second commenter focused on 

deaths resulting from COVID-19. 

Therefore, DEA has no responses to 

these comments. 

As indicated above, this final rule 

applies to five SCs that were the subject 

of a July 10, 2018 temporary scheduling 

order and the July 13, 2020 NPRM. 

These five substances will now be listed 

in 21 CFR 1308.11(d), as specified 

below. 

Scheduling Conclusion 

After considering the scientific and 

medical evaluations and accompanying 

recommendation of HHS, and 

conducting an independent eight-factor 

analysis, DEA finds substantial evidence 

of abuse potential for NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, and 5F-CUMYLP7AICA. DEA is therefore permanently 

scheduling NM2201, 5F-AB-PINACA, 4- 

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

controlled substances under the CSA. 

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 and review of all other 

available data, the Acting Administrator 

of DEA, pursuant to 21 U.S.C. 811(a) 

and 21 U.S.C. 812(b)(1), finds that: 

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

and 5F-CUMYL-P7AICA have a high 

potential for abuse that is comparable to 

other schedule I substances such as 

delta-9-tetrahydrocannabinol (D9-THC) 

and JWH-018; 

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

and 5F-CUMYL-P7AICA currently have 

no accepted medical use in treatment in 

the United States 2; and 

(3) There is a lack of accepted safety 

for use of NM2201, 5F-AB-PINACA, 4- 

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

under medical supervision. 

Based on these findings, the Acting 

Administrator concludes that 

naphthalen-1-yl 1-(5-fluoropentyl)-1Hindole-3-carboxylate (other names: 

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

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

fluoropentyl)-1H-indazole-3- 

carboxamide (other name: 5F-ABPINACA), 1-(4-cyanobutyl)-N-(2- 

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

carboxamide (other names: 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 (other 

names: MMB-CHMICA, AMB-CHMICA), 

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

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

b]pyridine-3-carboxamide (other name: 

5F-CUMYL-P7AICA), including their 

salts, isomers, and salts of isomers 

whenever the existence of such salts, 

isomers, and salts of isomers is possible, 

warrant control in schedule I of the 

CSA. 21 U.S.C. 812(b)(1). 

Requirements for Handling NM2201, 

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

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

and 5F-CUMYL-P7AICA will continue 3

to be subject to the CSA’s schedule I 

regulatory controls and administrative, 

civil, and criminal sanctions applicable 

to the manufacture, distribution, 

dispensing, importing, exporting, 

research, and conduct of instructional 

activities, including the following: 

1. Registration. Any person who 

handles, or desires to handle, NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, or 5FCUMYL-P7AICA must 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. NM2201, 5F-AB-PINACA, 

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

subject to schedule I security 

requirements and must be handled in 

accordance with 21 CFR 1301.71– 

1301.76. Non-practitioners handling 

these five substances must also comply 

with the employee screening 

requirements of 21 CFR 1301.90– 

1301.93. 

3. Labeling and Packaging. All labels 

and labeling for commercial containers 

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

and 5F-CUMYL-P7AICA must be in 

compliance with 21 U.S.C. 825 and 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 30777 

958(e), and be in accordance with 21 

CFR part 1302. 

4. Quota. Only registered 

manufacturers are permitted to 

manufacture NM2201, 5F-AB-PINACA, 

4-CN-CUMYL-BUTINACA, MMBCHMICA, or 5F-CUMYL-P7AICA in 

accordance with a quota assigned 

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

accordance with 21 CFR part 1303. 

5. Inventory. Every DEA registrant 

who possesses any quantity of NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, and 5FCUMYL-P7AICA was required to keep 

an inventory of all stocks of these 

substances on hand as of July 10, 2018, 

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

in accordance with 21 CFR 1304.03, 

1304.04, and 1304.11(a) and (d). 

6. Records and Reports. Every DEA 

registrant must maintain records and 

submit reports with respect to NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, and/or 5FCUMYL-P7AICA, pursuant to 21 U.S.C. 

827 and 958(e), and in accordance with 

21 CFR parts 1304, 1312, and 1317. 

Manufacturers and distributors must 

submit reports regarding NM2201, 5FAB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, and/or 5FCUMYL-P7AICA 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 NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, or 5F-CUMYL-P7AICA 

must continue to comply with the order 

form requirements, pursuant to 21 

U.S.C. 828 and in accordance with 21 

CFR part 1305. 

8. Importation and Exportation. All 

importation and exportation of NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, or 5FCUMYL-P7AICA must continue to be in 

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

957, and 958, and in accordance with 21 

CFR part 1312. 

9. Liability. Any activity involving 

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

5F-CUMYL-P7AICA not authorized by, 

or in violation of, the CSA or its 

implementing regulations is unlawful, 

and may subject the person to 

administrative, civil, and/or criminal 

sanctions. 

Regulatory Analyses 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 

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

this final scheduling action is subject to 

formal rulemaking procedures 

performed ‘‘on the record after 

opportunity for a hearing,’’ which are 

conducted pursuant to the provisions of 

5 U.S.C. 556 and 557. The CSA sets 

forth the 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 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 rulemaking does not have 

federalism implications warranting the 

application of E.O. 13132. The rule does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This rule does not have tribal 

implications warranting the application 

of E.O. 13175. It does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Regulatory Flexibility Act 

The Acting Administrator, in 

accordance with the Regulatory 

Flexibility Act, 5 U.S.C. 601–602, has 

reviewed this final rule and by 

approving it certifies that it will not 

have a significant economic impact on 

a substantial number of small entities. 

On July 10, 2018, DEA published an 

order to temporarily place these five 

substances 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 NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, or 5F-CUMYL-P7AICA 

as schedule I controlled substances. 

There are currently 28 registrations 

authorized to handle NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, and/or 5F-CUMYLP7AICA specifically, as well as a 

number of registered analytical labs that 

are authorized to handle schedule I 

controlled substances generally. DEA 

estimates these 28 registrations 

encompass 22 entities. Some of these 

entities are likely to be large entities. 

However, DEA does not have 

information of registrant size and the 

majority of DEA registrants are small 

entities or are employed by small 

entities. Therefore, DEA conservatively 

estimates as many as 22 small entities 

are affected by this rule. 

A review of the 28 registrations 

indicates that all entities that currently 

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

5F-CUMYL-P7AICA also handle other 

schedule I controlled substances, and 

have established and implemented (or 

maintain) the systems and processes 

required to handle NM2201, 5F-ABPINACA, 4-CN-CUMYL-BUTINACA, 

MMB-CHMICA, or 5F-CUMYL-P7AICA. 

Therefore, DEA anticipates that this rule 

will impose minimal or no 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 action 

would not result in any Federal 

mandate that may result ‘‘in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

(adjusted annually for inflation) in any 

1 year * * *.’’ Therefore, neither a 

Small Government Agency Plan nor any 

other action is required under UMRA of 

1995. 

Congressional Review Act 

This rule is not a major rule as 

defined by the Congressional Review 

Act (CRA), 5 U.S.C. 804. However, 

pursuant to the CRA, DEA is submitting 

a copy of this final rule to the 

Government Accountability Office, the 

House, and the Senate under the CRA. 


khammond on DSKJM1Z7X2PROD with RULES
30778 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 

Paperwork Reduction Act of 1995 

This action does not impose a new 

collection of information under the 

Paperwork Reduction Act of 1995. 44 

U.S.C. 3501–3521. This action would 

not impose recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

Determination To Make Rule Effective 

Immediately 

As indicated above, this rule finalizes 

the schedule I control status of NM2201, 

5F-AB-PINACA, 4-CN-CUMYLBUTINACA, MMB-CHMICA, and 5FCUMYL-P7AICA that has already been 

in effect for over two and a half years 

by virtue of the July 10, 2018, temporary 

scheduling order (83 FR 31877) and the 

subsequent one-year extension of that 

order (July 13, 2020, 85 FR 42296). The 

July 2018 order was effective on the date 

of publication, and was based on 

findings by the then-Acting 

Administrator that the temporary 

scheduling of these substances was 

necessary to avoid an imminent hazard 

to the public safety pursuant to 21 

U.S.C. 811(h)(1). 

Because this rule finalizes the control 

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

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

has already been in effect for over two 

and a half years, it does not alter the 

legal obligations of any person who 

handles these substances. Rather, it 

merely makes permanent the current 

scheduling status and corresponding 

legal obligations. Therefore, DEA is 

making the rule effective on the date of 

publication in the Federal Register, as 

any delay in the effective date is 

unnecessary and would be contrary to 

the public interest. See 5 U.S.C. 553(d). 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, 21 CFR 

part 1308 is amended as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for 21 CFR 

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, 

■ a. Add paragraphs (d)(81) through 

(d)(85); and 

■ b. Remove and reserve paragraphs 

(h)(31) through (35); 

The additions read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(d) * * * 

(81) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (Other names: NM2201; CBL2201) .................................................... 7221 

(82) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other name: 5F-AB-PINACA) ................. 7025 

(83) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (Other names: 4-CN-CUMYL-BUTINACA; 4-cyanoCUMYL-BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78) ................................................................................... 7089 

(84) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA) 7044 

(85) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (Other name: 5F-CUMYL-P7AICA) .......... 7085 

* * * * * 

D. Christopher Evans, 

Acting Administrator. 

[FR Doc. 2021–11974 Filed 6–9–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 120 

[Public Notice: 11443] 

International Traffic in Arms 

Regulations: Notification of Temporary 

Suspensions, Modifications, and 

Exceptions to Regulations 

AGENCY: Department of State. 

ACTION: Extension of temporary 

suspensions, modifications, and 

exceptions. 

SUMMARY: The Department of State is 

issuing this document to inform the 

public of a third extension to temporary 

suspensions, modifications, and 

exceptions to certain provisions of the 

International Traffic in Arms 

Regulations (ITAR) to provide for 

continued telework operations during 

the current SARS–COV2 public health 

emergency. This action is taken in order 

to ensure continuity of operations 

among members of the regulated 

community. 

DATES: This document is issued June 10, 

2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Engda Wubneh, Office of Defense Trade 

Controls Policy, U.S. Department of 

State, telephone (202) 663–1809, or 

email ddtccustomerservice@state.gov. 

ATTN: Extension of Suspension, 

Modification, and Exception— 

Telework. 

SUPPLEMENTARY INFORMATION: In March 

2020 a national emergency was declared 

as a result of the COVID–19 pandemic. 

On May 1, 2020, the Department of State 

(the Department) published in the 

Federal Register a notification of certain 

temporary suspensions, modifications, 

and exceptions to the ITAR, that were 

necessary to ensure continuity of 

operations within the Directorate of 

Defense Trade Controls (DDTC) and 

among entities registered with DDTC 

pursuant to part 122 of the ITAR (85 FR 

25287). These actions were taken 

pursuant to ITAR § 126.2, which allows 

for the temporary suspension or 

modification of provisions of the ITAR, 

and ITAR § 126.3, which allows for 

exceptions to provisions of the ITAR. 

These actions were taken in the interest 

of the security and foreign policy of the 

United States and were warranted due 

to the exceptional and undue hardships 

and risks to safety caused by the public 

health emergency related to the SARS– 

COV2 pandemic. 

Subsequently, on June 10, 2020 (85 

FR 35376), the Department published in 

the Federal Register a request for 

comment from the regulated community 

regarding the efficacy and termination 

dates of the temporary suspensions, 

modifications, and exceptions provided 

in 85 FR 25287, and requesting 

comment as to whether additional 

measures should be considered in 

response to the public health crisis. Of 

the four temporary suspensions, 

modifications, and exceptions to the 

ITAR announced in the May 1 

notification referenced above, DDTC 

reviewed the public comments and 

decided to extend two measures until 

December 31, 2020: (1) ITAR 

§ 120.39(a)(2) allowance for remote 

work; and (2) authorization to allow 

remote work under technical assistance 

agreement, manufacturing agreement, or 

exemption. 

Based upon continued public health 

recommendations and as informed by 

responses to the request for public 

comment in June 2020, it is apparent to 

DDTC that regulated entities will 

continue to engage in telework for the 

foreseeable future. Many commenters, 


khammond on DSKJM1Z7X2PROD with RULES