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
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 30779 

one industry association, and several 

individual entities endorsed the 

telework provisions and requested that 

these measures be extended, potentially 

indefinitely. DDTC agreed and extended 

the two measures because DDTC 

believed that a failure to extend the 

temporary suspensions, modifications, 

and exceptions would have a negative 

impact on regulated entities’ ability to 

safely engage in continued operations in 

the midst of the ongoing global public 

health emergency. Based upon the 

comments received and DDTC’s 

experience over the course of the 

pandemic, it is apparent that these 

measures support the current work 

environment and are expected to remain 

relevant in a post-pandemic 

environment. 

Although the Department is of the 

opinion that the notice and comment 

requirements of the Administrative 

Procedure Act are not applicable, in 

addition to the efforts described above, 

the Department published a notice of 

proposed rulemaking (NPRM) (86 FR 

28503, May 27, 2021), to solicit 

comments to proposed revisions to the 

ITAR provisions related to remote work. 

DDTC is seeking in this proposed rule 

to adapt to the new reality of how the 

regulated community is working and 

will work in the future. DDTC’s position 

is consistent with the Arms Export 

Control Act and informed by the 

regulated community’s comments and 

DDTC’s assessment of the security 

requirements appropriate for ITARcontrolled technical data. The NPRM is 

entitled ‘‘Amendment to the 

International Traffic in Arms 

Regulations: Regular Employee’’ (RIN 

1400–AF17). In the interest of ensuring 

sufficient time to adequately address 

comments and prepare publication of a 

final rule, and to ensure there is no 

disruption of regulated entities’ ability 

to safely engage in continued 

operations, DDTC is modifying and 

extending these temporary suspensions, 

modifications, and exceptions until it 

publishes a final rule for RIN 1400– 

AF17; the Department intends to 

terminate the temporary actions 

announced herein in that Federal 

Register publication. 

DDTC notes that the text of the 

temporary suspensions, modifications, 

and exceptions below differs slightly 

from that of the prior two documents in 

that specific reference to Russia has 

been removed from the clause ‘‘so long 

as the individual is not located in a 

country listed in ITAR § 126.1.’’ By 

rulemaking of March 18, 2021, DDTC 

amended ITAR § 126.1 to include Russia 

(86 FR 14802), thereby making specific 

reference here unnecessary. 

Pursuant to ITAR §§ 126.2 and 126.3, 

in the interest of the security and 

foreign policy of the United States and 

as warranted by the exceptional and 

undue hardships and risks to safety 

caused by the public health emergency 

related to the SARS–COV2 pandemic, 

notice is provided that the following 

temporary suspensions, modifications, 

and exceptions are being extended as 

follows: 

1. As of March 13, 2020, a temporary 

suspension, modification, and exception 

to the requirement that a regular 

employee, for purposes of ITAR 

§ 120.39(a)(2), work at the company’s 

facilities, to allow the individual to 

work at a remote work location, so long 

as the individual is not located in a 

country listed in ITAR § 126.1. The 

Department will terminate this 

suspension, modification, and exception 

by publication of a document in the 

Federal Register. 

2. As of March 13, 2020, a temporary 

suspension, modification, and exception 

to authorize regular employees of 

licensed entities who are working 

remotely in a country not currently 

authorized by a technical assistance 

agreement, manufacturing license 

agreement, or exemption to send, 

receive, or access any technical data 

authorized for export, reexport, or 

retransfer to their employer via a 

technical assistance agreement, 

manufacturing license agreement, or 

exemption so long as the regular 

employee is not located in a country 

listed in ITAR § 126.1. The Department 

will terminate this suspension, 

modification, and exception by 

publication of a document in the 

Federal Register. 

This document makes no other 

revision to the document published at 

85 FR 25287, nor does it make any other 

temporary suspension, modification, or 

exception to the requirements of the 

ITAR. 

(Authority: 22 CFR 126.2 and 126.3) 

Michael F. Miller, 

Deputy Assistant Secretary for Defense Trade 

Controls, U.S. Department of State. 

[FR Doc. 2021–12206 Filed 6–9–21; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 5, 91, 92, 570, 574, 576, 

903 

[Docket No. FR–6249–I–01] 

RIN 2529–AB01 

Restoring Affirmatively Furthering Fair 

Housing Definitions and Certifications 

AGENCY: Office of Fair Housing and 

Equal Opportunity, HUD. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Department of Housing 

and Urban Development (HUD) 

publishes this interim final rule to 

restore certain definitions and 

certifications that have been through 

notice-and-comment scrutiny and that 

are grounded in legal precedent to its 

regulations implementing the Fair 

Housing Act’s requirement to 

affirmatively further fair housing 

(AFFH) and reinstate a process by 

which HUD will provide technical 

assistance and other support to funding 

recipients who are engaged in fair 

housing planning to support their 

certifications. No program participant 

will be required to participate in this 

process, which is for the benefit of those 

who want assistance in fulfilling their 

statutory obligations. HUD will provide 

these services prior to the effective date 

of this interim final rule. HUD 

determined that it is necessary for this 

narrowly focused rule to go into effect 

on July 31, 2021, because HUD funding 

recipients must certify compliance with 

their duty to AFFH on an annual basis 

and HUD itself has a continuous 

statutory obligation to ensure that the 

Fair Housing Act’s AFFH obligations are 

followed. HUD finds that the definitions 

in the current regulation, which was 

promulgated in 2020 without noticeand-comment procedures, are at odds 

with the statutory AFFH duty as 

described in decades of judicial 

precedent and agency practice. This 

risks confusing funding recipients, who 

are certifying compliance with a 

regulatory definition that does not in 

fact satisfy their statutory AFFH 

obligation. While HUD therefore has 

determined that this rule will go into 

effect on July 31, it nonetheless solicits 

comments on this action so that it may 

consider public views before the 

effective date. HUD promulgates this 

interim final rule to ensure that program 

participants have regulatory certainty, 

while delaying the effective date long 

enough to provide time for HUD to 


khammond on DSKJM1Z7X2PROD with RULES