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, 2280-2284 [2017-00275]
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Article I: Effect of Designation
The NMSA authorizes the issuance of such
regulations as are necessary and reasonable
to implement the designation, including
managing and protecting the historical
resources and recreational, research, and
educational qualities of the Wisconsin-Lake
Michigan National Marine Sanctuary (the
‘‘Sanctuary’’). Section 1 of Article IV of this
Designation Document lists those activities
that may have to be regulated on the effective
date of designation, or at some later date, in
order to protect Sanctuary resources and
qualities. Listing an activity does not
necessarily mean that it will be regulated;
however, if an activity is not listed it may not
be regulated, except on an emergency basis,
unless Section 1 of Article IV is amended by
the same procedures by which the original
Sanctuary designation was made.
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Article II: Description of the Area
The Wisconsin-Lake Michigan National
Marine Sanctuary consists of an area of
approximately 812 square nautical miles
(nmi2) (1,075 sq. mi) of Lake Michigan
waters within the state of Wisconsin and the
submerged lands thereunder, over, around,
and under the submerged underwater
cultural resources in Lake Michigan. The
eastern boundary of the sanctuary begins
approximately 9.5 miles east of the
Wisconsin shoreline in Lake Michigan
roughly on the border between Manitowoc
and Kewaunee County. From this point the
boundary continues in Lake Michigan
roughly to the SSW until it intersects the
border between Ozaukee and Milwaukee
County at a point approximately 13 miles
east of the shoreline. The southern boundary
continues west approximating the border
between these same two counties until it
intersects the shoreline near Mequon, WI.
The western boundary continues north
following the shoreline for approximately 90
miles cutting across the mouths of rivers and
streams; specifically those of Sauk Creek at
Port Washington, the Sheboygan River at
Sheboygan, Manitowoc Harbor as
Manitowoc, and East Twin River at Two
Rivers as well as any other smaller streams
and creeks. The western boundary ends at
roughly the border between Manitowoc and
Kewaunee County along the shoreline near
Twin Creeks, WI. The northern boundary
continues from the shoreline east
approximating the border between these
same two counties back to its point of origin
9.5 miles offshore.
Article III: Special Characteristics of the
Area
The historic shipwrecks in the WisconsinLake Michigan National Marine Sanctuary
are representative of vessels that sailed and
steamed the Lake Michigan corridor, carrying
grain and raw materials east as other vessels
came west loaded with coal, manufactured
good, and immigrants. Eighteen of the 37
shipwrecks are listed on the National
Register of Historic Places. Many of the
shipwrecks in the proposed sanctuary retain
an unusual degree of architectural integrity,
with 14 vessels virtually intact. Well
preserved by Lake Michigan’s cold, fresh
water, the shipwrecks and related
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underwater cultural sites in and around the
Wisconsin-Lake Michigan National Marine
Sanctuary possess exceptional historical,
archaeological and recreational value.
Article IV: Scope of Regulations
Section 1. Activities Subject to Regulation.
The following activities are subject to
regulation, including prohibition, to the
extent necessary and reasonable to ensure the
protection and management of the historical
resources and recreational, research and
educational qualities of the area:
a. Damaging sanctuary resources.
b. Using grappling hooks and anchors at
shipwreck sites.
c. Interfering with, obstructing, delaying or
preventing an investigation, search, seizure
or disposition of seized property in
connection with enforcement of the Act or
any regulation issued under the Act.
d. Reporting shipwreck discoveries and
locations to the sanctuary.
Section 2. Emergencies. Where necessary
to prevent or minimize the destruction of,
loss of, or injury to a Sanctuary resource or
quality; or minimize the imminent risk of
such destruction, loss, or injury, any activity,
including those not listed in Section 1, is
subject to immediate temporary regulation.
An emergency regulation shall not take effect
without the approval of the Governor of
Wisconsin or her/his designee or designated
agency.
Article V: Relation to Other Regulatory
Programs
Section 1. Fishing Regulations, Licenses,
and Permits. Fishing in the Sanctuary shall
not be regulated as part of the Sanctuary
management regime authorized by the Act.
However, fishing in the Sanctuary may be
regulated by other Federal, State, Tribal and
local authorities of competent jurisdiction,
and designation of the Sanctuary shall have
no effect on any regulation, permit, or license
issued thereunder.
Section 2. Other Regulations, Licenses, and
Permits. If any valid regulation issued by any
Federal, state, Tribal, or local authority of
competent jurisdiction, regardless of when
issued, conflicts with a Sanctuary regulation,
the regulation deemed by the Director of the
Office of National Marine Sanctuaries,
National Oceanic and Atmospheric
Administration, or designee, in consultation
with the State of Wisconsin, to be more
protective of Sanctuary resources and
qualities shall govern. Pursuant to section
304(c)(1) of the Act, 16 U.S.C. 1434(c)(1), no
valid lease, permit, license, approval, or
other authorization issued by any Federal,
State, Tribal, or local authority of competent
jurisdiction, or any right of subsistence use
or access, may be terminated by the Secretary
of Commerce, or designee, as a result of this
designation, or as a result of any Sanctuary
regulation, if such lease, permit, license,
approval, or other authorization, or right of
subsistence use or access was issued or in
existence as of the effective date of this
designation. However, the Secretary of
Commerce or designee, in consultation with
the State of Wisconsin, may regulate the
exercise of such authorization or right
consistent with the purposes for which the
Sanctuary is designated.
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Article VI. Alteration of This Designation
The terms of designation may be modified
only by the same procedures by which the
original designation is made, including
public meetings, consultation according to
the NMSA.
[FR Doc. 2016–31741 Filed 1–6–17; 8:45 am]
BILLING CODE 03510–NK–P
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, 5FAPINACA, ADB-FUBINACA, MDMBCHMICA and MDMB-FUBINACA) Into
Schedule I
Drug Enforcement
Administration, Department of Justice.
ACTION: Notice of intent.
AGENCY:
The Administrator of the Drug
Enforcement Administration is issuing
this notice of intent to temporarily
schedule six synthetic cannabinoids:
Methyl 2-(1-(5-fluoropentyl)-1Hindazole-3-carboxamido)-3,3dimethylbutanoate [5F-ADB; 5F-MDMBPINACA]; methyl 2-(1-(5-fluoropentyl)1H-indazole-3-carboxamido)-3methylbutanoate [5F-AMB]; N(adamantan-1-yl)-1-(5-fluoropentyl)-1Hindazole-3-carboxamide [5F-APINACA,
5F-AKB48]; N-(1-amino-3,3-dimethyl-1oxobutan-2-yl)-1-(4-fluorobenzyl)-1Hindazole-3-carboxamide [ADBFUBINACA]; methyl 2-(1(cyclohexylmethyl)-1H-indole-3carboxamido)-3,3-dimethylbutanoate
[MDMB-CHMICA, MMB-CHMINACA]
and methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3,3dimethylbutanoate [MDMBFUBINACA], 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.
SUMMARY:
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DATES:
January 9, 2017.
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 February 8, 2017.
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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
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
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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, 5FAMB, 5F-APINACA, ADB-FUBINACA,
MDMB-CHMICA and MDMBFUBINACA 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, 5FAMB, 5F-APINACA, ADB-FUBINACA,
MDMB-CHMICA or MDMB-FUBINACA
into schedule I of the CSA. 5F-ADB, 5FAMB, 5F-APINACA, ADB-FUBINACA,
MDMB-CHMICA or MDMB-FUBINACA
are not currently listed in any schedule
under the CSA.
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
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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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, ADBFUBINACA, MDMB-CHMICA and
MDMB-FUBINACA
Available data and information for 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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,
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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-Dtetrahydrocannabinol (THC) and
temporarily and permanently controlled
schedule I synthetic cannabinoid
substances. In addition, the misuse of
5F-ADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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, 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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
associated products has increased
steadily as evidenced by law
enforcement seizures, public health
information, and media reports. 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, MDMB-CHMICA and
MDMB-FUBINACA are SCs that have
been recently encountered (see
‘‘Supporting and Related Material,’’
Factor 5). Multiple overdoses involving
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emergency medical intervention or
deaths have been associated with 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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, 5FAPINACA, ADB-FUBINACA, MDMBCHMICA 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, 5FAMB, 5F-APINACA, ADB-FUBINACA,
MDMB-CHMICA and/or MDMBFUBINACA) 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. 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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 MDMBFUBINACA, 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
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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, 5FAPINACA, ADB-FUBINACA, MDMBCHMICA 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 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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, 5FAPINACA, ADB-FUBINACA, MDMBCHMICA 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),
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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including dates of first encounter,
exhibits/reports, and locations.
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,
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
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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, ADBFUBINACA, 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); ADBFUBINACA (2); MDMB-CHMICA (4),
European Monitoring Centre for Drugs
and Drug Addiction has reported an
additional 12 deaths involving MDMBCHMICA; 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 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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, 5FAPINACA, ADB-FUBINACA, MDMBCHMICA 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.
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
2283
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)-1Hindazole-3-carboxamido)-3,3dimethylbutanoate [5F-ADB; 5F-MDMBPINACA]; methyl 2-(1-(5-fluoropentyl)1H-indazole-3-carboxamido)-3methylbutanoate [5F-AMB]; N(adamantan-1-yl)-1-(5-fluoropentyl)-1Hindazole-3-carboxamide [5F-APINACA,
5F-AKB48]; N-(1-amino-3,3-dimethyl-1oxobutan-2-yl)-1-(4-fluorobenzyl)-1Hindazole-3-carboxamide [ADBFUBINACA]; methyl 2-(1(cyclohexylmethyl)-1H-indole-3carboxamido)-3,3-dimethylbutanoate
[MDMB-CHMICA, MMB-CHMINACA]
and methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3,3dimethylbutanoate [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. 5FADB, 5F-AMB, 5F-APINACA, ADBFUBINACA, 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
E:\FR\FM\09JAP1.SGM
09JAP1
2284
Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Proposed Rules
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
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
proposes to amend 21 CFR part 1308 as
follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
2. In § 1308.11, add paragraph (h)(23)
through (28) to read as follows:
■
§ 1308.11
*
Schedule I
*
*
(h) * * *
*
*
(23) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-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-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-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-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-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-carboxamido)-3,3-dimethylbutanoate, its optical, positional, and geometric isomers,
salts and salts of isomers (Other names: MDMB-FUBINACA) ...........................................................................................................
mstockstill on DSK3G9T082PROD with PROPOSALS
*
*
*
*
*
(7010)
(7042)
(7020)
Request for information;
reopening of the comment period.
In response to requests from
the public, the Mine Safety and Health
Administration (MSHA) is reopening
the proposed rulemaking record for
public comment on the Agency’s
request for information on Exposure of
Underground Miners to Diesel Exhaust.
SUMMARY:
30 CFR Parts 57, 70, 72, and 75
[Docket No. MSHA–2014–0031]
BILLING CODE 4410–09–P
RIN 1219–AB86
Exposure of Underground Miners to
Diesel Exhaust
Mine Safety and Health
Administration, Labor.
AGENCY:
17:29 Jan 06, 2017
(7049)
Mine Safety and Health Administration
[FR Doc. 2017–00275 Filed 1–6–17; 8:45 am]
VerDate Sep<11>2014
(7033)
ACTION:
DEPARTMENT OF LABOR
Dated: December 13, 2016.
Chuck Rosenberg,
Acting Administrator.
(7034)
Jkt 241001
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
The comment period for the
request for information, published on
June 8, 2016 (81 FR 36826), and closed
DATES:
E:\FR\FM\09JAP1.SGM
09JAP1
Agencies
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2280-2284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00275]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
[[Page 2281]]
DATES: January 9, 2017.
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 February 8, 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 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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,
[[Page 2282]]
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 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),
[[Page 2283]]
including dates of first encounter, exhibits/reports, and locations.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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, 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
[[Page 2284]]
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 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 proposes to amend 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 paragraph (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. 2017-00275 Filed 1-6-17; 8:45 am]
BILLING CODE 4410-09-P