81_FR_93840 81 FR 93595 - Schedules of Controlled Substances: Temporary Placement of Six Synthetic Cannabinoids (5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA) Into Schedule I

81 FR 93595 - Schedules of Controlled Substances: Temporary Placement of Six Synthetic Cannabinoids (5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA) Into Schedule I

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range93595-93599
FR Document2016-30595

The Administrator of the Drug Enforcement Administration is issuing this notice of intent to temporarily schedule six synthetic cannabinoids: methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)- 3,3-dimethylbutanoate [5F-ADB; 5F-MDMB-PINACA]; methyl 2-(1-(5- fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate [5F-AMB]; N- (adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide [5F- APINACA, 5F-AKB48]; N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide [ADB-FUBINACA]; methyl 2-(1- (cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1H- indazole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-FUBINACA], into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act (CSA). This action is based on a finding by the Administrator that the placement of these synthetic cannabinoids into schedule I of the Controlled Substances Act is necessary to avoid an imminent hazard to the public safety. Any final order will impose the administrative, civil, and criminal sanctions and regulatory controls applicable to schedule I substances under the Controlled Substances Act on the manufacture, distribution, possession, importation, exportation of, and research and conduct with, instructional activities of these synthetic cannabinoids.

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93595-93599]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30595]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-446]


Schedules of Controlled Substances: Temporary Placement of Six 
Synthetic Cannabinoids (5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-
CHMICA and MDMB-FUBINACA) Into Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice of intent.

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SUMMARY: The Administrator of the Drug Enforcement Administration is 
issuing this notice of intent to temporarily schedule six synthetic 
cannabinoids: methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-
3,3-dimethylbutanoate [5F-ADB; 5F-MDMB-PINACA]; methyl 2-(1-(5-
fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate [5F-AMB]; N-
(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide [5F-
APINACA, 5F-AKB48]; N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-
fluorobenzyl)-1H-indazole-3-carboxamide [ADB-FUBINACA]; methyl 2-(1-
(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate 
[MDMB-CHMICA, MMB-CHMINACA] and methyl 2-(1-(4-fluorobenzyl)-1H-
indazole-3-carboxamido)-3,3-dimethylbutanoate [MDMB-FUBINACA], into 
schedule I pursuant to the temporary scheduling provisions of the 
Controlled Substances Act (CSA). This action is based on a finding by 
the Administrator that the placement of these synthetic cannabinoids 
into schedule I of the Controlled Substances Act is necessary to avoid 
an imminent hazard to the public safety. Any final order will impose 
the administrative, civil, and criminal sanctions and regulatory 
controls applicable to schedule I substances under the Controlled 
Substances Act on the manufacture, distribution, possession, 
importation, exportation of, and research and conduct with, 
instructional activities of these synthetic cannabinoids.

DATES: December 21, 2016.

FOR FURTHER INFORMATION CONTACT: Michael J. Lewis, Office of Diversion 
Control, Drug Enforcement Administration; Mailing Address: 8701 
Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-
6812.

SUPPLEMENTARY INFORMATION: Any final order will be published in the 
Federal Register and may not be effective prior to January 20, 2017.

Legal Authority

    The Drug Enforcement Administration (DEA) implements and enforces 
titles II and III of the Comprehensive Drug Abuse Prevention and 
Control Act of 1970, as amended. 21 U.S.C. 801-971. Titles II and III 
are referred to as the ``Controlled Substances Act'' and the 
``Controlled Substances Import and Export Act,'' respectively, and are 
collectively referred to as the ``Controlled Substances Act'' or the 
``CSA'' for the purpose of this action. The DEA publishes the 
implementing regulations for these statutes in title 21 of the Code of 
Federal Regulations (CFR), chapter II. The CSA and its implementing 
regulations are designed to prevent, detect, and eliminate the 
diversion of controlled substances and listed chemicals into the 
illicit market while providing for the legitimate medical, scientific, 
research, and industrial needs of the United States. Controlled 
substances have the potential for abuse and dependence and are 
controlled to protect the public health and safety.
    Under the CSA, every controlled substance is classified into one of 
five schedules based upon its potential for abuse, its currently 
accepted medical use in treatment in the United States, and the degree 
of dependence the drug or other substance may cause. 21 U.S.C. 812. The 
initial schedules of controlled substances established by Congress are 
found at 21 U.S.C. 812(c), and the current list of all scheduled 
substances is published at 21 CFR part 1308.
    Section 201 of the CSA, 21 U.S.C. 811, provides the Attorney 
General with the authority to temporarily place a substance into 
schedule I of the CSA for two years without regard to the requirements 
of 21 U.S.C. 811(b) if she

[[Page 93596]]

finds that such action is necessary to avoid an imminent hazard to the 
public safety. 21 U.S.C. 811(h)(1). In addition, if proceedings to 
control a substance are initiated under 21 U.S.C. 811(a)(1), the 
Attorney General may extend the temporary scheduling for up to one 
year. 21 U.S.C. 811(h)(2).
    Where the necessary findings are made, a substance may be 
temporarily scheduled if it is not listed in any other schedule under 
section 202 of the CSA, 21 U.S.C. 812, or if there is no exemption or 
approval in effect for the substance under section 505 of the Federal 
Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 355. 21 U.S.C. 
811(h)(1); 21 CFR part 1308. The Attorney General has delegated 
scheduling authority under 21 U.S.C. 811 to the Administrator of the 
DEA. 28 CFR 0.100.

Background

    Section 201(h)(4) of the CSA 21 U.S.C. 811(h)(4), requires the 
Administrator to notify the Secretary of the Department of Health and 
Human Services (HHS) of any intention to temporarily place a substance 
into schedule I of the CSA.\1\ The Acting Administrator transmitted 
notice of his intent to place 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, 
MDMB-CHMICA and MDMB-FUBINACA in schedule I on a temporary basis to the 
Assistant Secretary by letter dated April 22, 2016. The Assistant 
Secretary responded to this notice by letter dated May 2, 2016, and 
advised that based on a review by the Food and Drug Administration 
(FDA), there were no investigational new drug applications or approved 
new drug applications for 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, 
MDMB-CHMICA or MDMB-FUBINACA. The Assistant Secretary also stated that 
the HHS had no objection to the temporary placement of 5F-ADB, 5F-AMB, 
5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or MDMB-FUBINACA into schedule I 
of the CSA. 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA or 
MDMB-FUBINACA are not currently listed in any schedule under the CSA.
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    \1\ As discussed in a memorandum of understanding entered into 
by the Food and Drug Administration (FDA) and the National Institute 
on Drug Abuse (NIDA), the FDA acts as the lead agency within the 
Department of Health and Human Service (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 the 
HHS has delegated to the Assistant Secretary for Health of the HHS 
the authority to make domestic drug scheduling recommendations. 58 
FR 35460, July 1, 1993.
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    To find that placing a substance temporarily into schedule I of the 
CSA is necessary to avoid an imminent hazard to the public safety, the 
Administrator is required to consider three of the eight factors set 
forth in 21 U.S.C. 811(c): The substance's history and current pattern 
of abuse; the scope, duration and significance of abuse; and what, if 
any, risk there is to the public health. 21 U.S.C. 811(h)(3). 
Consideration of these factors includes actual abuse, diversion from 
legitimate channels, and clandestine importation, manufacture, or 
distribution. 21 U.S.C. 811(h)(3).
    A substance meeting the statutory requirements for temporary 
scheduling may only be placed in schedule I. 21 U.S.C. 811(h)(1). 
Substances in schedule I are those that have a high potential for 
abuse, no currently accepted medical use in treatment in the United 
States, and a lack of accepted safety for use under medical 
supervision. 21 U.S.C. 812(b)(1).

5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA

    Available data and information for 5F-ADB, 5F-AMB, 5F-APINACA, ADB-
FUBINACA, MDMB-CHMICA and MDMB-FUBINACA indicate that these synthetic 
cannabinoids (SCs) have a high potential for abuse, no currently 
accepted medical use in treatment in the United States, and a lack of 
accepted safety for use under medical supervision.

Synthetic Cannabinoids

    SCs are substances synthesized in laboratories that mimic the 
biological effects of delta-9-tetrahydrocannabinol (THC), the main 
psychoactive ingredient in marijuana. It is believed that SCs were 
first introduced on the designer drug market in several European 
countries as ``herbal incense'' before the initial encounter in the 
United States by U.S. Customs and Border Protection (CBP) in November 
2008. From 2009 to the present, misuse and abuse of SCs has increased 
in the United States with law enforcement encounters describing SCs 
applied onto plant material and in designer drug products intended for 
human consumption. It has been demonstrated that the substances and the 
associated designer drug products are abused for their psychoactive 
properties. With many generations of SCs having been encountered since 
2009, 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-
FUBINACA are some of the latest, and the abuse of these substances is 
negatively impacting communities.
    As observed by the DEA and CBP, SCs originate from foreign sources, 
such as China. Bulk powder substances are smuggled via common carrier 
into the United States and find their way to clandestine designer drug 
product manufacturing operations located in residential neighborhoods, 
garages, warehouses, and other similar destinations throughout the 
country. According to online discussion boards and law enforcement 
encounters, applying by spraying or mixing the SCs with plant material 
provides a vehicle for the most common route of administration--smoking 
(using a pipe, a water pipe, or rolling the drug-laced plant material 
in cigarette papers).
    5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA, and MDMB-
FUBINACA have no accepted medical use in the United States. Use of 
these specific SCs has been reported to result in adverse effects in 
humans including deaths (see 3-Factor document in ``Supporting and 
Related Material'' section). Use of other SCs has resulted in signs of 
addiction and withdrawal, and based on the similar pharmacological 
profile of these six substances, it is believed that there will be 
similar observed adverse effects.
    5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-
FUBINACA are SCs that have pharmacological effects similar to the 
schedule I hallucinogen delta-[Delta]-tetrahydrocannabinol (THC) and 
temporarily and permanently controlled schedule I synthetic cannabinoid 
substances. In addition, the misuse of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-
FUBINACA, MDMB-CHMICA and/or MDMB-FUBINACA have been associated with 
either overdoses requiring emergency medical intervention or death (see 
factor 6). With no approved medical use and limited safety or 
toxicological information, 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, 
MDMB-CHMICA and MDMB-FUBINACA have emerged on the designer drug market, 
and the abuse of these substances for their psychoactive properties is 
concerning. The DEA's analysis is available in its entirety under 
``Supporting and Related Material'' of the public docket for this 
action at www.regulations.gov under docket number DEA-443.

Factor 4. History and Current Pattern of Abuse

    Synthetic cannabinoids have been developed over the last 30 years 
as tools for investigating the endocannabinoid system (e.g. determining 
CB1 and CB2 receptor activity). The first encounter of SCs within the 
United States occurred in November 2008 by CBP. Since then the 
popularity of SCs and their

[[Page 93597]]

associated products has increased steadily as evidenced by law 
enforcement seizures, public health information, and media reports. 5F-
ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA 
are SCs that have been recently encountered (see ``Supporting and 
Related Material,'' Factor 5). Multiple overdoses involving emergency 
medical intervention or deaths have been associated with 5F-ADB, 5F-
AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA.
    Research and clinical reports have demonstrated that SCs are 
applied onto plant material so that the material may be smoked as users 
attempt to obtain a euphoric and/or psychoactive ``high,'' believed to 
be similar to marijuana. Data gathered from published studies, 
supplemented by discussions on Internet discussion Web sites, 
demonstrate that these products are being abused mainly by smoking for 
their psychoactive properties. The adulterated products are marketed as 
``legal'' alternatives to marijuana. In recent overdoses, 5F-ADB, 5F-
AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA have been 
shown to be applied onto plant material, similar to the SCs that have 
been previously available.
    Law enforcement personnel have encountered various application 
methods including buckets or cement mixers in which plant material and 
one or more SCs (including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, 
MDMB-CHMICA and/or MDMB-FUBINACA) are mixed together, as well as large 
areas where the plant material is spread out so that a dissolved SC 
mixture can be applied directly. Once mixed, the SC plant material is 
then allowed to dry before manufacturers package the product for 
distribution, ignoring any control mechanisms to prevent contamination 
or to ensure a consistent, uniform concentration of the substance in 
each package. Adverse health consequences may also occur from directly 
ingesting the substance(s) during the manufacturing process. 5F-ADB, 
5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA, 
similar to other SCs, have been encountered in form of dried leaves or 
herbal blends.
    The designer drug products laced with SCs, including 5F-ADB, 5F-
AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA, are often 
sold under the guise of ``herbal incense'' or ``potpourri,'' use 
various product names, and are routinely labeled ``not for human 
consumption.'' Additionally, these products are marketed as a ``legal 
high'' or ``legal alternative to marijuana'' and are readily available 
over the Internet, in head shops, or sold in convenience stores. There 
is an incorrect assumption that these products are safe, that they are 
a synthetic form of marijuana, and that labeling these products as 
``not for human consumption'' is a legal defense to criminal 
prosecution.
    A major concern, as reiterated by public health officials and 
medical professionals, is the targeting and direct marketing of SCs and 
SC-containing products to adolescents and youth. This is supported by 
law enforcement encounters and reports from emergency departments; 
however, all age groups have been reported by media as abusing these 
substances and related products. Individuals, including minors, are 
purchasing SCs from Internet Web sites, gas stations, convenience 
stores, and head shops.

Factor 5. Scope, Duration and Significance of Abuse

    SCs, including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-
CHMICA and MDMB-FUBINACA, continue to be encountered on the illicit 
market regardless of scheduling actions that attempt to safeguard the 
public from the adverse effects and safety issues associated with these 
substances. Numerous substances are encountered each month, differing 
only by small modifications intended to avoid prosecution while 
maintaining the pharmacological effects. Law enforcement and health 
care professionals continue to report abuse of these substances and 
their associated products.
    As described by the National Institute on Drug Abuse (NIDA), many 
substances being encountered in the illicit market, specifically SCs, 
have been available for years but have reentered the marketplace due to 
a renewed popularity.
    The threat of serious injury to the individual following the 
ingestion of 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and 
MDMB-FUBINACA and other SCs persists. Numerous calls have been received 
by poison centers regarding the abuse of products potentially laced 
with SCs that have resulted in visits to emergency departments. Law 
enforcement continues to encounter novel SCs on the illicit market, 
including 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and 
MDMB-FUBINACA (see factor 5 in ``Supporting and Related Material'').
    The following information details information obtained through 
NFLIS \2\ (queried on November 7, 2016), including dates of first 
encounter, exhibits/reports, and locations.
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    \2\ The National Forensic Laboratory Information System (NFLIS) 
is a national drug forensic laboratory reporting system that 
systematically collects results from drug chemistry analyses 
conducted by state and local forensic laboratories in the United 
States.
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    5F-ADB: NFLIS--2,311 reports, first encountered in September 2014, 
locations include: Arizona, Arkansas, California, Florida, Georgia, 
Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, New 
Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, 
Texas, Virginia, and Wisconsin.
    5F-AMB: NFLIS--3,349 reports, first encountered in January 2014, 
locations include: Arizona, Arkansas, California, Colorado, Florida, 
Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, 
Nebraska, New Hampshire, New Jersey, New Mexico, New York, North 
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, 
Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.
    5F-APINACA: NFLIS--1,936 reports, first encountered in August 2012, 
locations include: Alabama, Arizona, Arkansas, California, Colorado, 
Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, 
Nebraska, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, 
Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Utah, 
Virginia, West Virginia, Wisconsin, and Wyoming.
    ADB-FUBINACA: NFLIS--942 reports, first encountered in March 2014, 
locations include: Arkansas, California, Colorado, Florida, Georgia, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, 
Mississippi, Missouri, New Jersey, New Mexico, New York, North Dakota, 
Ohio, Pennsylvania, Texas, Utah, Virginia, and Wyoming.
    MDMB-CHMICA: NFLIS--227 reports, first encountered in March 2015, 
locations include: Arkansas, Georgia, Indiana, Kentucky, Louisiana, 
Nevada, Ohio, Oklahoma, South Carolina, and Texas.
    MDMB-FUBINACA: NFLIS--507 reports, first encountered in July 2015, 
locations include: Arkansas, California, Colorado, Connecticut, 
Georgia, Idaho,

[[Page 93598]]

Indiana, Kansas, Kentucky, Louisiana, Missouri, Nevada, New Jersey, New 
Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, 
Wisconsin, and West Virginia.

Factor 6. What, if Any, Risk There Is to the Public Health

    5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-
FUBINACA have all been identified in overdose and/or cases involving 
death attributed to their abuse. Adverse health effects reported from 
these incidents involving 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, 
MDMB-CHMICA and/or MDMB-FUBINACA have included: Nausea, persistent 
vomiting, agitation, altered mental status, seizures, convulsions, loss 
of consciousness and/or cardio toxicity. Large clusters of overdoses 
requiring medical care have been reported involving 5F-AMB, MDMB-
FUBINACA, MDMB-CHMICA and 5F-ADB. Reported deaths involving these SCs 
have included 5F-ADB (8); 5F-AMB (6); 5F-APINACA (1); ADB-FUBINACA (2); 
MDMB-CHMICA (4), European Monitoring Centre for Drugs and Drug 
Addiction has reported an additional 12 deaths involving MDMB-CHMICA; 
and MDMB-FUBINACA (1) (see factor 6 in ``Supporting and Related 
Material'').
Finding of Necessity of Schedule I Placement to Avoid Imminent Hazard 
to Public Safety
    In accordance with 21 U.S.C. 811 (h)(3), based on the available 
data and information summarized above, the continued uncontrolled 
manufacture, distribution, importation, exportation, conduct of 
research and chemical analysis, possession, and abuse of 5F-ADB, 5F-
AMB, 5F-APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA pose an 
imminent hazard to the public safety. The DEA is not aware of any 
currently accepted medical uses for these substances in the United 
States. A substance meeting the statutory requirements for temporary 
scheduling, 21 U.S.C. 811(h)(1), may only be placed in schedule I. 
Substances in schedule I are those that have a high potential for 
abuse, no currently accepted medical use in treatment in the United 
States, and a lack of accepted safety for use under medical 
supervision. Available data and information for 5F-ADB, 5F-AMB, 5F-
APINACA, ADB-FUBINACA, MDMB-CHMICA and MDMB-FUBINACA indicate that 
these SCs have a high potential for abuse, no currently accepted 
medical use in treatment in the United States, and a lack of accepted 
safety for use under medical supervision. As required by section 
201(h)(4) of the CSA, 21 U.S.C. 811(h)(4), the Administrator, through a 
letter dated April 22, 2016, notified the Assistant Secretary of the 
DEA's intention to temporarily place these six substances in schedule 
I.
Conclusion
    This notice of intent initiates a temporary scheduling action and 
provides the 30-day notice pursuant to section 201(h) of the CSA, 21 
U.S.C. 811(h). In accordance with the provisions of section 201(h) of 
the CSA, 21 U.S.C. 811(h), the Administrator considered available data 
and information, herein sets forth the grounds for his determination 
that it is necessary to temporarily schedule methyl 2-(1-(5-
fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate [5F-ADB; 
5F-MDMB-PINACA]; methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-
carboxamido)-3-methylbutanoate [5F-AMB]; N-(adamantan-1-yl)-1-(5-
fluoropentyl)-1H-indazole-3-carboxamide [5F-APINACA, 5F-AKB48]; N-(1-
amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-
carboxamide [ADB-FUBINACA]; methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-
carboxamido)-3,3-dimethylbutanoate [MDMB-CHMICA, MMB-CHMINACA] and 
methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate [MDMB-FUBINACA] in schedule I of the CSA, and finds 
that the placement of these substances into schedule I of the CSA on a 
temporary basis is necessary to avoid an imminent hazard to the public 
safety.
    Because the Administrator hereby finds that it is necessary to 
temporarily place these SCs into schedule I to avoid an imminent hazard 
to the public safety, any subsequent final order temporarily scheduling 
these substances will be effective on the date of publication in the 
Federal Register, and will be in effect for a period of two years, with 
a possible extension of one additional year, pending completion of the 
regular (permanent) scheduling process. 21 U.S.C. 811(h)(1) and (2). It 
is the intention of the Administrator to issue such a final order as 
soon as possible after the expiration of 30 days from the date of 
publication of this notice. 5F-ADB, 5F-AMB, 5F-APINACA, ADB-FUBINACA, 
MDMB-CHMICA and MDMB-FUBINACA will then be subject to the regulatory 
controls and administrative, civil, and criminal sanctions applicable 
to the manufacture, distribution, importation, exportation, research, 
conduct of instructional activities, and chemical analysis and 
possession of a schedule I controlled substance.
    The CSA sets forth specific criteria for scheduling a drug or other 
substance. Regular scheduling actions in accordance with 21 U.S.C. 
811(a) are subject to formal rulemaking procedures done ``on the record 
after opportunity for a hearing'' conducted pursuant to the provisions 
of 5 U.S.C. 556 and 557. 21 U.S.C. 811. The regular scheduling process 
of formal rulemaking affords interested parties with appropriate 
process and the government with any additional relevant information 
needed to make a determination. Final decisions that conclude the 
regular scheduling process of formal rulemaking are subject to judicial 
review. 21 U.S.C. 877. Temporary scheduling orders are not subject to 
judicial review. 21 U.S.C. 811(h)(6).
Regulatory Matters
    Section 201(h) of the CSA, 21 U.S.C. 811(h), provides for an 
expedited temporary scheduling action where such action is necessary to 
avoid an imminent hazard to the public safety. As provided in this 
subsection, the Attorney General may, by order, schedule a substance in 
schedule I on a temporary basis. Such an order may not be issued before 
the expiration of 30 days from (1) the publication of a notice in the 
Federal Register of the intention to issue such order and the grounds 
upon which such order is to be issued, and (2) the date that notice of 
the proposed temporary scheduling order is transmitted to the Assistant 
Secretary. 21 U.S.C. 811(h)(1).
    Inasmuch as section 201(h) of the CSA directs that temporary 
scheduling actions be issued by order and sets forth the procedures by 
which such orders are to be issued, the DEA believes that the notice 
and comment requirements of section 553 of the Administrative Procedure 
Act (APA), 5 U.S.C. 553, do not apply to this notice of intent. In the 
alternative, even assuming that this notice of intent might be subject 
to section 553 of the APA, the Administrator finds that there is good 
cause to forgo the notice and comment requirements of section 553, as 
any further delays in the process for issuance of temporary scheduling 
orders would be impracticable and contrary to the public interest in 
view of the manifest urgency to avoid an imminent hazard to the public 
safety.
    Although the DEA believes this notice of intent to issue a 
temporary scheduling order is not subject to the notice and comment 
requirements of section 553 of the APA, the DEA notes

[[Page 93599]]

that in accordance with 21 U.S.C. 811(h)(4), the Administrator will 
take into consideration any comments submitted by the Assistant 
Secretary with regard to the proposed temporary scheduling order.
    Further, the DEA believes that this temporary scheduling action is 
not a ``rule'' as defined by 5 U.S.C. 601(2), and, accordingly, is not 
subject to the requirements of the Regulatory Flexibility Act (RFA). 
The requirements for the preparation of an initial regulatory 
flexibility analysis in 5 U.S.C. 603(a) are not applicable where, as 
here, the DEA is not required by section 553 of the APA or any other 
law to publish a general notice of proposed rulemaking.
    Additionally, this action is not a significant regulatory action as 
defined by Executive Order 12866 (Regulatory Planning and Review), 
section 3(f), and, accordingly, this action has not been reviewed by 
the Office of Management and Budget.
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132 (Federalism) it is determined that this action does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

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, the DEA amends 21 CFR part 1308 as 
follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
1. The authority citation for part 1308 continues to read as follows:

    Authority: 21 U.S.C. 811, 812, 871(b), unless otherwise noted.

0
2. In Sec.  1308.11, add paragraphs (h)(23) through (28) to read as 
follows:


Sec.  1308.11   Schedule I

* * * * *
    (h) * * *

------------------------------------------------------------------------
 
------------------------------------------------------------------------
(23) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-                  (7034)
 carboxamido)-3,3-dimethylbutanoate, its optical,
 positional, and geometric isomers, salts and salts of
 isomers (Other names: 5F-ADB; 5F-MDMB-PINACA)..........
(24) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-                  (7033)
 carboxamido)-3-methylbutanoate, its optical,
 positional, and geometric isomers, salts and salts of
 isomers (Other names: 5F-AMB)..........................
(25) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-         (7049)
 carboxamide, its optical, positional, and geometric
 isomers, salts and salts of isomers (Other names: 5F-
 APINACA, 5F-AKB48).....................................
(26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-               (7010)
 fluorobenzyl)-1H-indazole-3-carboxamide, its optical,
 positional, and geometric isomers, salts and salts of
 isomers (Other names: ADB-FUBINACA)....................
(27) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-                  (7042)
 carboxamido)-3,3-dimethylbutanoate, its optical,
 positional, and geometric isomers, salts and salts of
 isomers (Other names: MDMB-CHMICA, MMB-CHMINACA).......
(28) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-                  (7020)
 carboxamido)-3,3-dimethylbutanoate, its optical,
 positional, and geometric isomers, salts and salts of
 isomers (Other names: MDMB-FUBINACA)...................
------------------------------------------------------------------------


    Dated: December 13, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-30595 Filed 12-20-16; 8:45 am]
BILLING CODE 4410-09-P



                                                               Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations                                         93595

                                                  Service Bulletin 670BA–32–041, dated March              1601 Lind Avenue SW., Renton, WA. For                 order will impose the administrative,
                                                  28, 2013, the installation required by                  information on the availability of this               civil, and criminal sanctions and
                                                  paragraph (m) of this AD may be delayed                 material at the FAA, call 425–227–1221.               regulatory controls applicable to
                                                  until the MLG door is reinstalled in                      (5) You may view this service information           schedule I substances under the
                                                  accordance with paragraph (l) of this AD.               that is incorporated by reference at the
                                                  When the removed MLG door is reinstalled,               National Archives and Records
                                                                                                                                                                Controlled Substances Act on the
                                                  the installation required by paragraph (m) of           Administration (NARA). For information on             manufacture, distribution, possession,
                                                  this AD must be done at the time specified              the availability of this material at NARA, call       importation, exportation of, and
                                                  in paragraph (m) of this AD or before further           202–741–6030, or go to: http://                       research and conduct with, instructional
                                                  flight after reinstallation of the removed MLG          www.archives.govfxsp0;/federal-                       activities of these synthetic
                                                  door, whichever occurs later.                           registerfxsp0;/cfr/ibr-locations.htmlfxsp0;.          cannabinoids.
                                                  (o) Other FAA AD Provisions                               Issued in Renton, Washington, on                    DATES: December 21, 2016.
                                                     The following provisions also apply to this          December 1, 2016.                                     FOR FURTHER INFORMATION CONTACT:
                                                  AD:                                                     Michael Kaszycki,                                     Michael J. Lewis, Office of Diversion
                                                     (1) Alternative Methods of Compliance                Acting Manager, Transport Airplane                    Control, Drug Enforcement
                                                  (AMOCs): The Manager, New York ACO,                     Directorate, Aircraft Certification Service.          Administration; Mailing Address: 8701
                                                  ANE–170, FAA, has the authority to approve
                                                  AMOCs for this AD, if requested using the
                                                                                                          [FR Doc. 2016–29513 Filed 12–20–16; 8:45 am]          Morrissette Drive, Springfield, Virginia
                                                  procedures found in 14 CFR 39.19. In                    BILLING CODE 4910–13–P                                22152; Telephone: (202) 598–6812.
                                                  accordance with 14 CFR 39.19, send your                                                                       SUPPLEMENTARY INFORMATION: Any final
                                                  request to your principal inspector or local                                                                  order will be published in the Federal
                                                  Flight Standards District Office, as                    DEPARTMENT OF JUSTICE                                 Register and may not be effective prior
                                                  appropriate. If sending information directly                                                                  to January 20, 2017.
                                                  to the ACO, send it to ATTN: Program                    Drug Enforcement Administration
                                                  Manager, Continuing Operational Safety,                                                                       Legal Authority
                                                  FAA, New York ACO, 1600 Stewart Avenue,
                                                  Suite 410, Westbury, NY 11590; telephone
                                                                                                          21 CFR Part 1308                                         The Drug Enforcement
                                                  516–228–7300; fax 516–794–5531. Before                                                                        Administration (DEA) implements and
                                                                                                          [Docket No. DEA–446]
                                                  using any approved AMOC, notify your                                                                          enforces titles II and III of the
                                                  appropriate principal inspector, or lacking a           Schedules of Controlled Substances:                   Comprehensive Drug Abuse Prevention
                                                  principal inspector, the manager of the local           Temporary Placement of Six Synthetic                  and Control Act of 1970, as amended. 21
                                                  flight standards district office/certificate                                                                  U.S.C. 801–971. Titles II and III are
                                                  holding district office.
                                                                                                          Cannabinoids (5F–ADB, 5F–AMB, 5F–
                                                                                                          APINACA, ADB–FUBINACA, MDMB–                          referred to as the ‘‘Controlled
                                                     (2) Contacting the Manufacturer: For any                                                                   Substances Act’’ and the ‘‘Controlled
                                                  requirement in this AD to obtain corrective             CHMICA and MDMB–FUBINACA) Into
                                                  actions from a manufacturer, the action must            Schedule I                                            Substances Import and Export Act,’’
                                                  be accomplished using a method approved                                                                       respectively, and are collectively
                                                  by the Manager, New York ACO, ANE–170,                  AGENCY: Drug Enforcement                              referred to as the ‘‘Controlled
                                                  FAA; or TCCA; or Bombardier, Inc.’s TCCA                Administration, Department of Justice.                Substances Act’’ or the ‘‘CSA’’ for the
                                                  DAO. If approved by the DAO, the approval               ACTION: Notice of intent.                             purpose of this action. The DEA
                                                  must include the DAO-authorized signature.                                                                    publishes the implementing regulations
                                                  (p) Related Information
                                                                                                          SUMMARY:   The Administrator of the Drug              for these statutes in title 21 of the Code
                                                                                                          Enforcement Administration is issuing                 of Federal Regulations (CFR), chapter II.
                                                    Refer to Mandatory Continuing
                                                                                                          this notice of intent to temporarily                  The CSA and its implementing
                                                  Airworthiness Information (MCAI) Canadian
                                                  Airworthiness Directive CF–2015–30, dated               schedule six synthetic cannabinoids:                  regulations are designed to prevent,
                                                  December 30, 2015, for related information.             methyl 2-(1-(5-fluoropentyl)-1H-                      detect, and eliminate the diversion of
                                                  This MCAI may be found in the AD docket                 indazole-3-carboxamido)-3,3-                          controlled substances and listed
                                                  on the Internet at http://www.regulations.gov           dimethylbutanoate [5F-ADB; 5F-MDMB-                   chemicals into the illicit market while
                                                  by searching for and locating Docket No.                PINACA]; methyl 2-(1-(5-fluoropentyl)-                providing for the legitimate medical,
                                                  FAA–2016–8847.                                          1H-indazole-3-carboxamido)-3-                         scientific, research, and industrial needs
                                                  (q) Material Incorporated by Reference                  methylbutanoate [5F-AMB]; N-                          of the United States. Controlled
                                                     (1) The Director of the Federal Register
                                                                                                          (adamantan-1-yl)-1-(5-fluoropentyl)-1H-               substances have the potential for abuse
                                                  approved the incorporation by reference                 indazole-3-carboxamide [5F-APINACA,                   and dependence and are controlled to
                                                  (IBR) of the service information listed in this         5F-AKB48]; N-(1-amino-3,3-dimethyl-1-                 protect the public health and safety.
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR               oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-                    Under the CSA, every controlled
                                                  part 51.                                                indazole-3-carboxamide [ADB-                          substance is classified into one of five
                                                     (2) You must use this service information            FUBINACA]; methyl 2-(1-                               schedules based upon its potential for
                                                  as applicable to do the actions required by             (cyclohexylmethyl)-1H-indole-3-                       abuse, its currently accepted medical
                                                  this AD, unless this AD specifies otherwise.            carboxamido)-3,3-dimethylbutanoate
                                                     (i) Bombardier Service Bulletin 670BA–32–
                                                                                                                                                                use in treatment in the United States,
                                                  041, dated March 28, 2013.
                                                                                                          [MDMB-CHMICA, MMB-CHMINACA]                           and the degree of dependence the drug
                                                     (ii) Bombardier Service Bulletin 670BA–              and methyl 2-(1-(4-fluorobenzyl)-1H-                  or other substance may cause. 21 U.S.C.
                                                  32–049, dated May 26, 2015.                             indazole-3-carboxamido)-3,3-                          812. The initial schedules of controlled
                                                     (3) For service information identified in            dimethylbutanoate [MDMB-                              substances established by Congress are
                                                  this AD, contact Bombardier, Inc., 400 Côte-           FUBINACA], into schedule I pursuant to                found at 21 U.S.C. 812(c), and the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Vertu Road West, Dorval, Québec H4S 1Y9,               the temporary scheduling provisions of                current list of all scheduled substances
                                                  Canada; Widebody Customer Response                      the Controlled Substances Act (CSA).                  is published at 21 CFR part 1308.
                                                  Center North America toll-free telephone 1–             This action is based on a finding by the                 Section 201 of the CSA, 21 U.S.C. 811,
                                                  866–538–1247 or direct-dial telephone 1–
                                                  514–855–2999; fax 514–855–7401; email
                                                                                                          Administrator that the placement of                   provides the Attorney General with the
                                                  ac.yul@aero.bombardier.com; Internet http://            these synthetic cannabinoids into                     authority to temporarily place a
                                                  www.bombardier.com.                                     schedule I of the Controlled Substances               substance into schedule I of the CSA for
                                                     (4) You may view this service information            Act is necessary to avoid an imminent                 two years without regard to the
                                                  at the FAA, Transport Airplane Directorate,             hazard to the public safety. Any final                requirements of 21 U.S.C. 811(b) if she


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                                                  93596        Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations

                                                  finds that such action is necessary to                  is necessary to avoid an imminent                     China. Bulk powder substances are
                                                  avoid an imminent hazard to the public                  hazard to the public safety, the                      smuggled via common carrier into the
                                                  safety. 21 U.S.C. 811(h)(1). In addition,               Administrator is required to consider                 United States and find their way to
                                                  if proceedings to control a substance are               three of the eight factors set forth in 21            clandestine designer drug product
                                                  initiated under 21 U.S.C. 811(a)(1), the                U.S.C. 811(c): The substance’s history                manufacturing operations located in
                                                  Attorney General may extend the                         and current pattern of abuse; the scope,              residential neighborhoods, garages,
                                                  temporary scheduling for up to one                      duration and significance of abuse; and               warehouses, and other similar
                                                  year. 21 U.S.C. 811(h)(2).                              what, if any, risk there is to the public             destinations throughout the country.
                                                     Where the necessary findings are                     health. 21 U.S.C. 811(h)(3).                          According to online discussion boards
                                                  made, a substance may be temporarily                    Consideration of these factors includes               and law enforcement encounters,
                                                  scheduled if it is not listed in any other              actual abuse, diversion from legitimate               applying by spraying or mixing the SCs
                                                  schedule under section 202 of the CSA,                  channels, and clandestine importation,                with plant material provides a vehicle
                                                  21 U.S.C. 812, or if there is no                        manufacture, or distribution. 21 U.S.C.               for the most common route of
                                                  exemption or approval in effect for the                 811(h)(3).                                            administration—smoking (using a pipe,
                                                  substance under section 505 of the                         A substance meeting the statutory                  a water pipe, or rolling the drug-laced
                                                  Federal Food, Drug, and Cosmetic Act                    requirements for temporary scheduling                 plant material in cigarette papers).
                                                  (FDCA), 21 U.S.C. 355. 21 U.S.C.                        may only be placed in schedule I. 21                     5F-ADB, 5F-AMB, 5F-APINACA,
                                                  811(h)(1); 21 CFR part 1308. The                        U.S.C. 811(h)(1). Substances in schedule              ADB-FUBINACA, MDMB-CHMICA, and
                                                  Attorney General has delegated                          I are those that have a high potential for            MDMB-FUBINACA have no accepted
                                                  scheduling authority under 21 U.S.C.                    abuse, no currently accepted medical                  medical use in the United States. Use of
                                                  811 to the Administrator of the DEA. 28                 use in treatment in the United States,                these specific SCs has been reported to
                                                  CFR 0.100.                                              and a lack of accepted safety for use                 result in adverse effects in humans
                                                                                                          under medical supervision. 21 U.S.C.                  including deaths (see 3-Factor
                                                  Background
                                                                                                          812(b)(1).                                            document in ‘‘Supporting and Related
                                                    Section 201(h)(4) of the CSA 21 U.S.C.                                                                      Material’’ section). Use of other SCs has
                                                  811(h)(4), requires the Administrator to                5F-ADB, 5F-AMB, 5F-APINACA, ADB-
                                                                                                                                                                resulted in signs of addiction and
                                                  notify the Secretary of the Department                  FUBINACA, MDMB-CHMICA and
                                                                                                                                                                withdrawal, and based on the similar
                                                  of Health and Human Services (HHS) of                   MDMB-FUBINACA
                                                                                                                                                                pharmacological profile of these six
                                                  any intention to temporarily place a                      Available data and information for 5F-              substances, it is believed that there will
                                                  substance into schedule I of the CSA.1                  ADB, 5F-AMB, 5F-APINACA, ADB-                         be similar observed adverse effects.
                                                  The Acting Administrator transmitted                    FUBINACA, MDMB-CHMICA and                                5F-ADB, 5F-AMB, 5F-APINACA,
                                                  notice of his intent to place 5F-ADB, 5F-               MDMB-FUBINACA indicate that these                     ADB-FUBINACA, MDMB-CHMICA and
                                                  AMB, 5F-APINACA, ADB-FUBINACA,                          synthetic cannabinoids (SCs) have a                   MDMB-FUBINACA are SCs that have
                                                  MDMB-CHMICA and MDMB-                                   high potential for abuse, no currently                pharmacological effects similar to the
                                                  FUBINACA in schedule I on a                             accepted medical use in treatment in the              schedule I hallucinogen delta-D-
                                                  temporary basis to the Assistant                        United States, and a lack of accepted                 tetrahydrocannabinol (THC) and
                                                  Secretary by letter dated April 22, 2016.               safety for use under medical                          temporarily and permanently controlled
                                                  The Assistant Secretary responded to                    supervision.                                          schedule I synthetic cannabinoid
                                                  this notice by letter dated May 2, 2016,                                                                      substances. In addition, the misuse of
                                                                                                          Synthetic Cannabinoids
                                                  and advised that based on a review by                                                                         5F-ADB, 5F-AMB, 5F-APINACA, ADB-
                                                  the Food and Drug Administration                           SCs are substances synthesized in                  FUBINACA, MDMB-CHMICA and/or
                                                  (FDA), there were no investigational                    laboratories that mimic the biological                MDMB-FUBINACA have been
                                                  new drug applications or approved new                   effects of delta-9-tetrahydrocannabinol               associated with either overdoses
                                                  drug applications for 5F-ADB, 5F-AMB,                   (THC), the main psychoactive ingredient               requiring emergency medical
                                                  5F-APINACA, ADB-FUBINACA,                               in marijuana. It is believed that SCs                 intervention or death (see factor 6). With
                                                  MDMB-CHMICA or MDMB-FUBINACA.                           were first introduced on the designer                 no approved medical use and limited
                                                  The Assistant Secretary also stated that                drug market in several European                       safety or toxicological information, 5F-
                                                  the HHS had no objection to the                         countries as ‘‘herbal incense’’ before the            ADB, 5F-AMB, 5F-APINACA, ADB-
                                                  temporary placement of 5F-ADB, 5F-                      initial encounter in the United States by             FUBINACA, MDMB-CHMICA and
                                                  AMB, 5F-APINACA, ADB-FUBINACA,                          U.S. Customs and Border Protection                    MDMB-FUBINACA have emerged on
                                                  MDMB-CHMICA or MDMB-FUBINACA                            (CBP) in November 2008. From 2009 to                  the designer drug market, and the abuse
                                                  into schedule I of the CSA. 5F-ADB, 5F-                 the present, misuse and abuse of SCs                  of these substances for their
                                                  AMB, 5F-APINACA, ADB-FUBINACA,                          has increased in the United States with               psychoactive properties is concerning.
                                                  MDMB-CHMICA or MDMB-FUBINACA                            law enforcement encounters describing                 The DEA’s analysis is available in its
                                                  are not currently listed in any schedule                SCs applied onto plant material and in                entirety under ‘‘Supporting and Related
                                                  under the CSA.                                          designer drug products intended for                   Material’’ of the public docket for this
                                                    To find that placing a substance                      human consumption. It has been                        action at www.regulations.gov under
                                                  temporarily into schedule I of the CSA                  demonstrated that the substances and                  docket number DEA–443.
                                                                                                          the associated designer drug products
                                                    1 As discussed in a memorandum of                     are abused for their psychoactive                     Factor 4. History and Current Pattern of
                                                  understanding entered into by the Food and Drug         properties. With many generations of                  Abuse
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Administration (FDA) and the National Institute on      SCs having been encountered since                       Synthetic cannabinoids have been
                                                  Drug Abuse (NIDA), the FDA acts as the lead agency
                                                  within the Department of Health and Human               2009, 5F-ADB, 5F-AMB, 5F-APINACA,                     developed over the last 30 years as tools
                                                  Service (HHS) in carrying out the Secretary’s           ADB-FUBINACA, MDMB-CHMICA and                         for investigating the endocannabinoid
                                                  scheduling responsibilities under the CSA, with the     MDMB-FUBINACA are some of the                         system (e.g. determining CB1 and CB2
                                                  concurrence of NIDA. 50 FR 9518, Mar. 8, 1985.          latest, and the abuse of these substances             receptor activity). The first encounter of
                                                  The Secretary of the HHS has delegated to the
                                                  Assistant Secretary for Health of the HHS the           is negatively impacting communities.                  SCs within the United States occurred
                                                  authority to make domestic drug scheduling                 As observed by the DEA and CBP, SCs                in November 2008 by CBP. Since then
                                                  recommendations. 58 FR 35460, July 1, 1993.             originate from foreign sources, such as               the popularity of SCs and their


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                                                               Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations                                                  93597

                                                  associated products has increased                       human consumption.’’ Additionally,                    factor 5 in ‘‘Supporting and Related
                                                  steadily as evidenced by law                            these products are marketed as a ‘‘legal              Material’’).
                                                  enforcement seizures, public health                     high’’ or ‘‘legal alternative to marijuana’’             The following information details
                                                  information, and media reports. 5F-                     and are readily available over the                    information obtained through NFLIS 2
                                                  ADB, 5F-AMB, 5F-APINACA, ADB-                           Internet, in head shops, or sold in                   (queried on November 7, 2016),
                                                  FUBINACA, MDMB-CHMICA and                               convenience stores. There is an                       including dates of first encounter,
                                                  MDMB-FUBINACA are SCs that have                         incorrect assumption that these                       exhibits/reports, and locations.
                                                  been recently encountered (see                          products are safe, that they are a                       5F-ADB: NFLIS—2,311 reports, first
                                                  ‘‘Supporting and Related Material,’’                    synthetic form of marijuana, and that                 encountered in September 2014,
                                                  Factor 5). Multiple overdoses involving                 labeling these products as ‘‘not for                  locations include: Arizona, Arkansas,
                                                  emergency medical intervention or                       human consumption’’ is a legal defense                California, Florida, Georgia, Idaho,
                                                  deaths have been associated with 5F-                    to criminal prosecution.                              Indiana, Iowa, Kansas, Kentucky,
                                                  ADB, 5F-AMB, 5F-APINACA, ADB-                              A major concern, as reiterated by                  Louisiana, Missouri, New Jersey, North
                                                  FUBINACA, MDMB-CHMICA and                               public health officials and medical                   Dakota, Ohio, Oklahoma, Pennsylvania,
                                                  MDMB-FUBINACA.                                          professionals, is the targeting and direct            South Carolina, Texas, Virginia, and
                                                     Research and clinical reports have                   marketing of SCs and SC-containing                    Wisconsin.
                                                  demonstrated that SCs are applied onto                  products to adolescents and youth. This                  5F-AMB: NFLIS—3,349 reports, first
                                                  plant material so that the material may                                                                       encountered in January 2014, locations
                                                                                                          is supported by law enforcement
                                                  be smoked as users attempt to obtain a                                                                        include: Arizona, Arkansas, California,
                                                                                                          encounters and reports from emergency
                                                  euphoric and/or psychoactive ‘‘high,’’                                                                        Colorado, Florida, Georgia, Hawaii,
                                                                                                          departments; however, all age groups
                                                  believed to be similar to marijuana. Data                                                                     Idaho, Illinois, Indiana, Iowa, Kansas,
                                                                                                          have been reported by media as abusing
                                                  gathered from published studies,                                                                              Kentucky, Louisiana, Maryland,
                                                                                                          these substances and related products.
                                                  supplemented by discussions on                                                                                Massachusetts, Minnesota, Mississippi,
                                                                                                          Individuals, including minors, are
                                                  Internet discussion Web sites,                                                                                Missouri, Nebraska, New Hampshire,
                                                                                                          purchasing SCs from Internet Web sites,
                                                  demonstrate that these products are                                                                           New Jersey, New Mexico, New York,
                                                                                                          gas stations, convenience stores, and
                                                  being abused mainly by smoking for                                                                            North Dakota, Ohio, Oklahoma, Oregon,
                                                                                                          head shops.
                                                  their psychoactive properties. The                                                                            Pennsylvania, South Carolina,
                                                  adulterated products are marketed as                    Factor 5. Scope, Duration and                         Tennessee, Texas, Utah, Virginia,
                                                  ‘‘legal’’ alternatives to marijuana. In                 Significance of Abuse                                 Wisconsin, and Wyoming.
                                                  recent overdoses, 5F-ADB, 5F-AMB, 5F-                                                                            5F-APINACA: NFLIS—1,936 reports,
                                                                                                             SCs, including 5F-ADB, 5F-AMB, 5F-                 first encountered in August 2012,
                                                  APINACA, ADB-FUBINACA, MDMB-                            APINACA, ADB-FUBINACA, MDMB-
                                                  CHMICA and MDMB-FUBINACA have                                                                                 locations include: Alabama, Arizona,
                                                                                                          CHMICA and MDMB-FUBINACA,                             Arkansas, California, Colorado,
                                                  been shown to be applied onto plant                     continue to be encountered on the illicit
                                                  material, similar to the SCs that have                                                                        Connecticut, Florida, Georgia, Idaho,
                                                                                                          market regardless of scheduling actions               Illinois, Indiana, Iowa, Kansas,
                                                  been previously available.
                                                                                                          that attempt to safeguard the public                  Kentucky, Louisiana, Maryland,
                                                     Law enforcement personnel have
                                                  encountered various application                         from the adverse effects and safety                   Minnesota, Mississippi, Missouri,
                                                  methods including buckets or cement                     issues associated with these substances.              Nebraska, New Hampshire, New Jersey,
                                                  mixers in which plant material and one                  Numerous substances are encountered                   North Dakota, Ohio, Oklahoma,
                                                  or more SCs (including 5F-ADB, 5F-                      each month, differing only by small                   Pennsylvania, Puerto Rico, South
                                                  AMB, 5F-APINACA, ADB-FUBINACA,                          modifications intended to avoid                       Carolina, Tennessee, Texas, Utah,
                                                  MDMB-CHMICA and/or MDMB-                                prosecution while maintaining the                     Virginia, West Virginia, Wisconsin, and
                                                  FUBINACA) are mixed together, as well                   pharmacological effects. Law                          Wyoming.
                                                  as large areas where the plant material                 enforcement and health care                              ADB-FUBINACA: NFLIS—942
                                                  is spread out so that a dissolved SC                    professionals continue to report abuse of             reports, first encountered in March
                                                  mixture can be applied directly. Once                   these substances and their associated                 2014, locations include: Arkansas,
                                                  mixed, the SC plant material is then                    products.                                             California, Colorado, Florida, Georgia,
                                                  allowed to dry before manufacturers                        As described by the National Institute             Illinois, Indiana, Iowa, Kansas,
                                                  package the product for distribution,                   on Drug Abuse (NIDA), many                            Kentucky, Louisiana, Maryland,
                                                  ignoring any control mechanisms to                      substances being encountered in the                   Mississippi, Missouri, New Jersey, New
                                                  prevent contamination or to ensure a                    illicit market, specifically SCs, have                Mexico, New York, North Dakota, Ohio,
                                                  consistent, uniform concentration of the                been available for years but have                     Pennsylvania, Texas, Utah, Virginia,
                                                  substance in each package. Adverse                      reentered the marketplace due to a                    and Wyoming.
                                                  health consequences may also occur                      renewed popularity.                                      MDMB-CHMICA: NFLIS—227 reports,
                                                  from directly ingesting the substance(s)                   The threat of serious injury to the                first encountered in March 2015,
                                                  during the manufacturing process. 5F-                   individual following the ingestion of 5F-             locations include: Arkansas, Georgia,
                                                  ADB, 5F-AMB, 5F-APINACA, ADB-                           ADB, 5F-AMB, 5F-APINACA, ADB-                         Indiana, Kentucky, Louisiana, Nevada,
                                                  FUBINACA, MDMB-CHMICA and                               FUBINACA, MDMB-CHMICA and                             Ohio, Oklahoma, South Carolina, and
                                                  MDMB-FUBINACA, similar to other                         MDMB-FUBINACA and other SCs                           Texas.
                                                  SCs, have been encountered in form of                   persists. Numerous calls have been                       MDMB-FUBINACA: NFLIS—507
                                                  dried leaves or herbal blends.                          received by poison centers regarding the              reports, first encountered in July 2015,
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                                                     The designer drug products laced                     abuse of products potentially laced with              locations include: Arkansas, California,
                                                  with SCs, including 5F-ADB, 5F-AMB,                     SCs that have resulted in visits to                   Colorado, Connecticut, Georgia, Idaho,
                                                  5F-APINACA, ADB-FUBINACA,                               emergency departments. Law
                                                  MDMB-CHMICA and MDMB-                                   enforcement continues to encounter                      2 The National Forensic Laboratory Information

                                                  FUBINACA, are often sold under the                      novel SCs on the illicit market,                      System (NFLIS) is a national drug forensic
                                                                                                                                                                laboratory reporting system that systematically
                                                  guise of ‘‘herbal incense’’ or                          including 5F-ADB, 5F-AMB, 5F-                         collects results from drug chemistry analyses
                                                  ‘‘potpourri,’’ use various product names,               APINACA, ADB-FUBINACA, MDMB-                          conducted by state and local forensic laboratories
                                                  and are routinely labeled ‘‘not for                     CHMICA and MDMB-FUBINACA (see                         in the United States.



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                                                  93598        Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations

                                                  Indiana, Kansas, Kentucky, Louisiana,                   safety for use under medical                          activities, and chemical analysis and
                                                  Missouri, Nevada, New Jersey, New                       supervision. As required by section                   possession of a schedule I controlled
                                                  Mexico, North Dakota, Ohio, Oklahoma,                   201(h)(4) of the CSA, 21 U.S.C.                       substance.
                                                  Pennsylvania, Texas, Virginia,                          811(h)(4), the Administrator, through a                 The CSA sets forth specific criteria for
                                                  Wisconsin, and West Virginia.                           letter dated April 22, 2016, notified the             scheduling a drug or other substance.
                                                                                                          Assistant Secretary of the DEA’s                      Regular scheduling actions in
                                                  Factor 6. What, if Any, Risk There Is to                                                                      accordance with 21 U.S.C. 811(a) are
                                                                                                          intention to temporarily place these six
                                                  the Public Health                                                                                             subject to formal rulemaking procedures
                                                                                                          substances in schedule I.
                                                     5F-ADB, 5F-AMB, 5F-APINACA,                                                                                done ‘‘on the record after opportunity
                                                  ADB-FUBINACA, MDMB-CHMICA and                           Conclusion                                            for a hearing’’ conducted pursuant to
                                                  MDMB-FUBINACA have all been                                This notice of intent initiates a                  the provisions of 5 U.S.C. 556 and 557.
                                                  identified in overdose and/or cases                     temporary scheduling action and                       21 U.S.C. 811. The regular scheduling
                                                  involving death attributed to their                     provides the 30-day notice pursuant to                process of formal rulemaking affords
                                                  abuse. Adverse health effects reported                  section 201(h) of the CSA, 21 U.S.C.                  interested parties with appropriate
                                                  from these incidents involving 5F-ADB,                  811(h). In accordance with the                        process and the government with any
                                                  5F-AMB, 5F-APINACA, ADB-                                provisions of section 201(h) of the CSA,              additional relevant information needed
                                                  FUBINACA, MDMB-CHMICA and/or                            21 U.S.C. 811(h), the Administrator                   to make a determination. Final
                                                  MDMB-FUBINACA have included:                            considered available data and                         decisions that conclude the regular
                                                  Nausea, persistent vomiting, agitation,                 information, herein sets forth the                    scheduling process of formal
                                                  altered mental status, seizures,                        grounds for his determination that it is              rulemaking are subject to judicial
                                                  convulsions, loss of consciousness and/                 necessary to temporarily schedule                     review. 21 U.S.C. 877. Temporary
                                                  or cardio toxicity. Large clusters of                   methyl 2-(1-(5-fluoropentyl)-1H-                      scheduling orders are not subject to
                                                  overdoses requiring medical care have                   indazole-3-carboxamido)-3,3-                          judicial review. 21 U.S.C. 811(h)(6).
                                                  been reported involving 5F-AMB,                         dimethylbutanoate [5F-ADB; 5F-MDMB-
                                                  MDMB-FUBINACA, MDMB-CHMICA                              PINACA]; methyl 2-(1-(5-fluoropentyl)-                Regulatory Matters
                                                  and 5F-ADB. Reported deaths involving                   1H-indazole-3-carboxamido)-3-                            Section 201(h) of the CSA, 21 U.S.C.
                                                  these SCs have included 5F-ADB (8);                     methylbutanoate [5F-AMB]; N-                          811(h), provides for an expedited
                                                  5F-AMB (6); 5F-APINACA (1); ADB-                        (adamantan-1-yl)-1-(5-fluoropentyl)-1H-               temporary scheduling action where
                                                  FUBINACA (2); MDMB-CHMICA (4),                          indazole-3-carboxamide [5F-APINACA,                   such action is necessary to avoid an
                                                  European Monitoring Centre for Drugs                    5F-AKB48]; N-(1-amino-3,3-dimethyl-1-                 imminent hazard to the public safety.
                                                  and Drug Addiction has reported an                      oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-                 As provided in this subsection, the
                                                  additional 12 deaths involving MDMB-                    indazole-3-carboxamide [ADB-                          Attorney General may, by order,
                                                  CHMICA; and MDMB-FUBINACA (1)                           FUBINACA]; methyl 2-(1-                               schedule a substance in schedule I on a
                                                  (see factor 6 in ‘‘Supporting and Related               (cyclohexylmethyl)-1H-indole-3-                       temporary basis. Such an order may not
                                                  Material’’).                                            carboxamido)-3,3-dimethylbutanoate                    be issued before the expiration of 30
                                                                                                          [MDMB-CHMICA, MMB-CHMINACA]                           days from (1) the publication of a notice
                                                  Finding of Necessity of Schedule I                                                                            in the Federal Register of the intention
                                                                                                          and methyl 2-(1-(4-fluorobenzyl)-1H-
                                                  Placement to Avoid Imminent Hazard to                                                                         to issue such order and the grounds
                                                                                                          indazole-3-carboxamido)-3,3-
                                                  Public Safety                                                                                                 upon which such order is to be issued,
                                                                                                          dimethylbutanoate [MDMB-FUBINACA]
                                                    In accordance with 21 U.S.C. 811                      in schedule I of the CSA, and finds that              and (2) the date that notice of the
                                                  (h)(3), based on the available data and                 the placement of these substances into                proposed temporary scheduling order is
                                                  information summarized above, the                       schedule I of the CSA on a temporary                  transmitted to the Assistant Secretary.
                                                  continued uncontrolled manufacture,                     basis is necessary to avoid an imminent               21 U.S.C. 811(h)(1).
                                                  distribution, importation, exportation,                 hazard to the public safety.                             Inasmuch as section 201(h) of the
                                                  conduct of research and chemical                           Because the Administrator hereby                   CSA directs that temporary scheduling
                                                  analysis, possession, and abuse of 5F-                  finds that it is necessary to temporarily             actions be issued by order and sets forth
                                                  ADB, 5F-AMB, 5F-APINACA, ADB-                           place these SCs into schedule I to avoid              the procedures by which such orders are
                                                  FUBINACA, MDMB-CHMICA and                               an imminent hazard to the public safety,              to be issued, the DEA believes that the
                                                  MDMB-FUBINACA pose an imminent                          any subsequent final order temporarily                notice and comment requirements of
                                                  hazard to the public safety. The DEA is                 scheduling these substances will be                   section 553 of the Administrative
                                                  not aware of any currently accepted                     effective on the date of publication in               Procedure Act (APA), 5 U.S.C. 553, do
                                                  medical uses for these substances in the                the Federal Register, and will be in                  not apply to this notice of intent. In the
                                                  United States. A substance meeting the                  effect for a period of two years, with a              alternative, even assuming that this
                                                  statutory requirements for temporary                    possible extension of one additional                  notice of intent might be subject to
                                                  scheduling, 21 U.S.C. 811(h)(1), may                    year, pending completion of the regular               section 553 of the APA, the
                                                  only be placed in schedule I. Substances                (permanent) scheduling process. 21                    Administrator finds that there is good
                                                  in schedule I are those that have a high                U.S.C. 811(h)(1) and (2). It is the                   cause to forgo the notice and comment
                                                  potential for abuse, no currently                       intention of the Administrator to issue               requirements of section 553, as any
                                                  accepted medical use in treatment in the                such a final order as soon as possible                further delays in the process for
                                                  United States, and a lack of accepted                   after the expiration of 30 days from the              issuance of temporary scheduling orders
                                                  safety for use under medical                            date of publication of this notice. 5F-               would be impracticable and contrary to
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                                                  supervision. Available data and                         ADB, 5F-AMB, 5F-APINACA, ADB-                         the public interest in view of the
                                                  information for 5F-ADB, 5F-AMB, 5F-                     FUBINACA, MDMB-CHMICA and                             manifest urgency to avoid an imminent
                                                  APINACA, ADB-FUBINACA, MDMB-                            MDMB-FUBINACA will then be subject                    hazard to the public safety.
                                                  CHMICA and MDMB-FUBINACA                                to the regulatory controls and                           Although the DEA believes this notice
                                                  indicate that these SCs have a high                     administrative, civil, and criminal                   of intent to issue a temporary
                                                  potential for abuse, no currently                       sanctions applicable to the manufacture,              scheduling order is not subject to the
                                                  accepted medical use in treatment in the                distribution, importation, exportation,               notice and comment requirements of
                                                  United States, and a lack of accepted                   research, conduct of instructional                    section 553 of the APA, the DEA notes


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                                                                  Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations                                                                   93599

                                                  that in accordance with 21 U.S.C.                                by Executive Order 12866 (Regulatory                             Reporting and recordkeeping
                                                  811(h)(4), the Administrator will take                           Planning and Review), section 3(f), and,                         requirements.
                                                  into consideration any comments                                  accordingly, this action has not been
                                                  submitted by the Assistant Secretary                             reviewed by the Office of Management                               For the reasons set out above, the DEA
                                                  with regard to the proposed temporary                            and Budget.                                                      amends 21 CFR part 1308 as follows:
                                                  scheduling order.                                                  This action will not have substantial
                                                     Further, the DEA believes that this                           direct effects on the States, on the                             PART 1308—SCHEDULES OF
                                                  temporary scheduling action is not a                             relationship between the national                                CONTROLLED SUBSTANCES
                                                  ‘‘rule’’ as defined by 5 U.S.C. 601(2),                          government and the States, or on the
                                                  and, accordingly, is not subject to the                          distribution of power and                                        ■ 1. The authority citation for part 1308
                                                  requirements of the Regulatory                                   responsibilities among the various                               continues to read as follows:
                                                  Flexibility Act (RFA). The requirements                          levels of government. Therefore, in                                Authority: 21 U.S.C. 811, 812, 871(b),
                                                  for the preparation of an initial                                accordance with Executive Order 13132                            unless otherwise noted.
                                                  regulatory flexibility analysis in 5 U.S.C.                      (Federalism) it is determined that this
                                                  603(a) are not applicable where, as here,                        action does not have sufficient                                  ■ 2. In § 1308.11, add paragraphs (h)(23)
                                                  the DEA is not required by section 553                           federalism implications to warrant the                           through (28) to read as follows:
                                                  of the APA or any other law to publish                           preparation of a Federalism Assessment.                          § 1308.11       Schedule I
                                                  a general notice of proposed
                                                  rulemaking.                                                      List of Subjects in 21 CFR Part 1308                             *       *    *            *       *
                                                     Additionally, this action is not a                              Administrative practice and                                        (h) * * *
                                                  significant regulatory action as defined                         procedure, Drug traffic control,

                                                  (23) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric iso-
                                                    mers, salts and salts of isomers (Other names: 5F–ADB; 5F–MDMB–PINACA) ...........................................................................                          (7034)
                                                  (24) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its optical, positional, and geometric isomers,
                                                    salts and salts of isomers (Other names: 5F–AMB) .......................................................................................................................    (7033)
                                                  (25) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and
                                                    salts of isomers (Other names: 5F–APINACA, 5F–AKB48) ............................................................................................................           (7049)
                                                  (26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geo-
                                                    metric isomers, salts and salts of isomers (Other names: ADB–FUBINACA) ................................................................................                     (7010)
                                                  (27) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric iso-
                                                    mers, salts and salts of isomers (Other names: MDMB–CHMICA, MMB–CHMINACA) ................................................................                                  (7042)
                                                  (28) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric iso-
                                                    mers, salts and salts of isomers (Other names: MDMB–FUBINACA) ............................................................................................                  (7020)



                                                    Dated: December 13, 2016.                                      assumptions under its regulation on                              current conditions in the financial and
                                                  Chuck Rosenberg,                                                 Benefits Payable in Terminated Single-                           annuity markets. This final rule updates
                                                  Acting Administrator.                                            Employer Plans for January 2017.                                 the asset allocation interest assumptions
                                                  [FR Doc. 2016–30595 Filed 12–20–16; 8:45 am]                     DATES: Effective January 1, 2017.                                for the first quarter (January through
                                                  BILLING CODE 4410–09–P                                           FOR FURTHER INFORMATION CONTACT:                                 March) of 2017.
                                                                                                                   Deborah C. Murphy (Murphy.Deborah@                                  The first quarter 2017 interest
                                                                                                                   PBGC.gov), Assistant General Counsel                             assumptions under the allocation
                                                  PENSION BENEFIT GUARANTY                                         for Regulatory Affairs, Office of the                            regulation will be 1.87 percent for the
                                                  CORPORATION                                                      General Counsel, Pension Benefit                                 first 20 years following the valuation
                                                                                                                   Guaranty Corporation, 1200 K Street                              date and 2.37 percent thereafter. In
                                                  29 CFR Part 4044                                                 NW., Washington, DC 20005, 202–326–                              comparison with the interest
                                                                                                                   4400 ext. 3451. (TTY/TDD users may                               assumptions in effect for the fourth
                                                  Allocation of Assets in Single-                                  call the Federal relay service toll free at                      quarter of 2016, these interest
                                                  Employer Plans; Interest Assumptions                             1–800–877–8339 and ask to be                                     assumptions represent no change in the
                                                  for Valuing Benefits                                             connected to 202–326–4400 ext. 3451.)                            select period (the period during which
                                                  AGENCY:  Pension Benefit Guaranty                                SUPPLEMENTARY INFORMATION: PBGC’s                                the select rate (the initial rate) applies),
                                                  Corporation.                                                     regulation on Allocation of Assets in                            a decrease of 0.11 percent in the select
                                                                                                                   Single-Employer Plans (29 CFR part                               rate, and a decrease of 0.30 percent in
                                                  ACTION: Final rule.
                                                                                                                   4044) prescribes actuarial                                       the ultimate rate (the final rate).
                                                  SUMMARY:    This final rule amends the                           assumptions—including interest                                      PBGC has determined that notice and
                                                  Pension Benefit Guaranty Corporation’s                           assumptions—for valuing plan benefits                            public comment on this amendment are
                                                  regulation on Allocation of Assets in                            under terminating single-employer                                impracticable and contrary to the public
                                                  Single-Employer Plans to prescribe                               plans covered by title IV of the                                 interest. This finding is based on the
                                                  interest assumptions under the asset                             Employee Retirement Income Security                              need to determine and issue new
                                                  allocation regulation for valuation dates                        Act of 1974. The interest assumptions in                         interest assumptions promptly so that
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                                                  in the first quarter of 2017. The interest                       the regulation are also published on                             the assumptions can reflect current
                                                  assumptions are used for valuing                                 PBGC’s Web site (http://www.pbgc.gov).                           market conditions as accurately as
                                                  benefits under terminating single-                                 The interest assumptions in Appendix                           possible.
                                                  employer plans covered by the pension                            B to Part 4044 are used to value benefits                           Because of the need to provide
                                                  insurance system administered by                                 for allocation purposes under ERISA                              immediate guidance for the valuation of
                                                  PBGC. As discussed below, PBGC has                               section 4044. Assumptions under the                              benefits under plans with valuation
                                                  published a separate final rule                                  asset allocation regulation are updated                          dates during the first quarter of 2017,
                                                  document dealing with interest                                   quarterly and are intended to reflect                            PBGC finds that good cause exists for


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Document Created: 2018-02-14 09:11:56
Document Modified: 2018-02-14 09:11:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of intent.
DatesDecember 21, 2016.
ContactMichael J. Lewis, Office of Diversion
FR Citation81 FR 93595 
CFR AssociatedAdministrative Practice and Procedure; Drug Traffic Control and Reporting and Recordkeeping Requirements

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