[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Rules and Regulations]
[Pages 30775-30778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11974]


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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, MMB-CHMICA, and 5F-CUMYL-P7AICA in 
Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Final rule.

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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:
    <bullet> naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate 
(other names: NM2201 or CBL2201),
    <bullet> N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-
1H-indazole-3-carboxamide (other name: 5F-AB-PINACA),
    <bullet> 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-
carboxamide (other names: 4-CN-CUMYL-BUTINACA, 4-cyano-CUMYL-BUTINACA; 
4-CN-CUMYL BINACA, CUMYL-4CN-BINACA, or SGT-78),
    <bullet> methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-
methylbutanoate (other names: MMB-CHMICA or AMB-CHMICA), and
    <bullet> 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-AB-PINACA, 4-CN-CUMYL-
BUTINACA, MMB-CHMICA, and 5F-CUMYL-P7AICA will continue to apply as a 
result of this action.
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    \1\ As 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.
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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)-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-AB-PINACA); 1-(4-cyanobutyl)-N-(2-
phenylpropan-2-yl)-1H-indazole-3-carboxamide (other names: 4-CN-CUMYL-
BUTINACA, 4-cyano-CUMYL-BUTINACA, 4-CN-CUMYL BINACA, CUMYL-4CN-BINACA 
or SGT-78); methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-
methylbutanoate (other names: MMB-CHMICA 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) 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)-lH-indole-3-carboxylate [NM2201; 
CBL2201], N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-lH-
indazole-3-carboxamide [5F-AB-PINACA], 1-(4-cyanobutyl)-N-(2-
phenylpropan-2-yl)lH-indazole-3-carboxamide (4-CN-CUMYL-BUTINACA; 4-
cyano-CUMYL-BUTINACA; 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.

[[Page 30776]]

812(b), the Assistant Secretary recommended that NM2201, 5F-AB-PINACA, 
4-CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL-P7AICA be placed in 
schedule I of the CSA. In response, DEA conducted its own eight-factor 
analysis of NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and 
5F-CUMYL-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-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, 
and 5F-CUMYL-P7AICA

    On July 13, 2020, DEA published an NPRM entitled ``Schedules of 
Controlled Substances: Placement of NM2201, 5F-AB-PINACA, 4-CN-CUMYL-
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, 
5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL-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-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, 
and 5F-CUMYL-P7AICA. DEA is therefore permanently scheduling NM2201, 
5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, 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-CN-CUMYL-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 
([Delta]\9\-THC) and JWH-018;
    (2) NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-
CUMYL-P7AICA currently have no accepted medical use in treatment in the 
United States \2\; and
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    \2\ Although there is no evidence suggesting that NM2201, 5F-AB-
PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, or 5F-CUMYL-P7AICA 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 well-
controlled 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).
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    (3) There is a lack of accepted safety for use of NM2201, 5F-AB-
PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL-P7AICA under 
medical supervision.
    Based on these findings, the Acting Administrator concludes that 
naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-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-AB-PINACA), 1-
(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (other 
names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINACA; 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-CUMYL-BUTINACA, 
MMB-CHMICA, and 5F-CUMYL-P7AICA

    NM2201, 5F-AB-PINACA, 4-CN-CUMYL-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:
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    \3\ NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and 
5F-CUMYL-P7AICA 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).
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    1. Registration. Any person who handles, or desires to handle, 
NM2201, 5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, or 5F-CUMYL-
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, MMB-CHMICA, 
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-CN-CUMYL-BUTINACA, MMB-CHMICA, 
and 5F-CUMYL-P7AICA must be in compliance with 21 U.S.C. 825 and

[[Page 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, MMB-CHMICA, 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-CUMYL-BUTINACA, MMB-CHMICA, and 5F-CUMYL-
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-CUMYL-
BUTINACA, MMB-CHMICA, and/or 5F-CUMYL-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, 
5F-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and/or 5F-CUMYL-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-AB-
PINACA, 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-CUMYL-BUTINACA, MMB-CHMICA, or 5F-CUMYL-
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-CN-
CUMYL-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-AB-PINACA, 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-AB-PINACA, 4-CN-CUMYL-BUTINACA, MMB-CHMICA, and/or 5F-CUMYL-
P7AICA 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-CN-CUMYL-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-AB-PINACA, 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.

[[Page 30778]]

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-CUMYL-BUTINACA, MMB-CHMICA, and 
5F-CUMYL-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, MMB-CHMICA, 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

0
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.


0
2. In Sec.  1308.11,
0
a. Add paragraphs (d)(81) through (d)(85); and
0
b. Remove and reserve paragraphs (h)(31) through (35);
    The additions read as follows:


Sec.  1308.11  Schedule I.

* * * * *
    (d) * * *

(81) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate     7221
 (Other names: NM2201; CBL2201)................................
(82) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-    7025
 indazole-3-carboxamide (Other name: 5F-AB-PINACA).............
(83) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-        7089
 carboxamide (Other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-
 BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78)........
(84) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-     7044
 methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA).........
(85) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-     7085
 b]pyridine-3-carboxamide (Other name: 5F-CUMYL-P7AICA)........
 

* * * * *

D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021-11974 Filed 6-9-21; 8:45 am]
BILLING CODE 4410-09-P