Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44267 

1 Juneteenth National Independence Day Act, 

Public Law 117–17, 135 Stat. 287 (2021). 

2Comment 2(a)(6)–2 further provides that four 

Federal holidays are identified in 5 U.S.C. 6103(a) 

by a specific date: New Year’s Day, January 1; 

Independence Day, July 4; Veterans Day, November 

11; and Christmas Day, December 25. The comment 

states that when one of these holidays falls on a 

Saturday, Federal offices and other entities might 

observe the holiday on the preceding Friday but, 

nonetheless, the observed holiday is a business day 

for purposes of the specific business day definition. 

Like the four Federal holidays listed in comment 

2(a)(6)–2, Juneteenth is identified in 5 U.S.C. 

6103(a) by a specific date. For 2021, Federal offices 

observed the Juneteenth holiday on Friday, June 18, 

2021. For purposes of the specific business day 

definition, June 18, 2021, was a business day. 

3The law took effect when it was signed by the 

President on June 17, 2021. See, e.g., United States 

v. Casson, 434 F.2d 415 (D.C. Cir. 1970) (indicating 

that a law that is effective on enactment goes into 

effect at the exact time that the President signs it). 

The NRC may post materials related 

to this document, including public 

comments, on the Federal Rulemaking 

website at https://www.regulations.gov 

under Docket ID NRC–2021–0124. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Indians, 

Intergovernmental relations, Nuclear 

energy, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR part 

72: 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH–LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR–RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows:

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 

183, 184, 186, 187, 189, 223, 234, 274 (42 

U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 

2099, 2111, 2201, 2210e, 2232, 2233, 2234, 

2236, 2237, 2238, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

National Environmental Policy Act of 1969 

(42 U.S.C. 4332); Nuclear Waste Policy Act 

of 1982, secs. 117(a), 132, 133, 134, 135, 137, 

141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 

10152, 10153, 10154, 10155, 10157, 10161, 

10165(g), 10168, 10198(a)); 44 U.S.C. 3504 

note. 

■ 2. In § 72.214, revise Certificate of 

Compliance No. 1042 to read as follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1042.

Initial Certificate Effective Date: June

7, 2017 

Amendment Number 1 Effective Date: 

June 17, 2020. 

Amendment Number 2 Effective Date: 

October 26, 2021. 

SAR Submitted by: TN Americas LLC. 

SAR Title: Final Safety Analysis 

Report for the NUHOMS® EOS Dry 

Spent Fuel Storage System. 

Docket Number: 72–1042. 

Certificate Expiration Date: June 7, 

2037. 

Model Number: EOS–37PTH, EOS– 

89BTH, 61BTH Type 2. 

Dated: August 4, 2021. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Executive Director for Operations. 

[FR Doc. 2021–17227 Filed 8–11–21; 8:45 am] 

BILLING CODE 7590–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1026 

Truth in Lending (Regulation Z); 

Impact of the 2021 Juneteenth Holiday 

on Certain Closed-End Mortgage 

Requirements 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Interpretive rule. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is issuing 

this interpretive rule to provide 

guidance on certain Regulation Z timing 

requirements related to rescission of 

closed-end mortgages and the TILA– 

RESPA Integrated Disclosures (TRID). 

These timing requirements are based on 

a definition of ‘‘business day’’ that 

excludes days that are designated as 

legal public holidays under Federal law. 

The interpretive rule explains these 

timing requirements in light of recent 

legislation that designated ‘‘Juneteenth 

National Independence Day, June 19’’ 

(Juneteenth) as a Federal legal public 

holiday. It clarifies that, if the relevant 

closed-end rescission or TRID time 

period began on or before June 17, 2021, 

then June 19, 2021, was considered a 

business day, but nothing prohibits 

creditors from providing longer time 

periods. Therefore, it would also be 

compliant for creditors to have 

considered June 19, 2021, a Federal 

holiday for purposes of these 

provisions. 

DATES: This interpretive rule is effective 

on August 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Pedro De Oliveira, Lanique Eubanks, 

Jaclyn Maier, or Priscilla Walton-Fein, 

Senior Counsels, Office of Regulations, 

at 202–435–7700. If you require this 

document in an alternative electronic 

format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background

On June 17, 2021, the President

signed legislation that amended 5 U.S.C. 

6103(a) to add ‘‘Juneteenth National 

Independence Day, June 19’’ 

(Juneteenth) to the list of Federal legal 

public holidays (Federal holidays).1

Various regulatory provisions crossreference or otherwise refer to the 

Federal holidays listed in 5 U.S.C. 

6103(a), including the Regulation Z 

definition of ‘‘business day.’’ In 

Regulation Z, ‘‘business day’’ is defined 

in § 1026.2(a)(6) generally to mean ‘‘a 

day on which the creditor’s offices are 

open to the public for carrying on 

substantially all of its business 

functions.’’ However, for purposes of 

certain specified Regulation Z 

provisions, § 1026.2(a)(6) defines 

business day to mean: ‘‘[A]ll calendar 

days except Sundays and the legal 

public holidays specified in 5 U.S.C. 

6103(a), such as New Year’s Day, the 

Birthday of Martin Luther King, Jr., 

Washington’s Birthday, Memorial Day, 

Independence Day, Labor Day, 

Columbus Day, Veterans Day, 

Thanksgiving Day, and Christmas 

Day.’’ 2 This is referred to herein as the 

‘‘specific business day’’ definition. 

The legislation that made Juneteenth 

a Federal holiday took effect 

immediately.3 Therefore, June 19 

became a Federal holiday on June 17, 

2021. By virtue of the cross-reference to 

5 U.S.C. 6103(a) in § 1026.2(a)(6), the 

days that are considered Federal 

holidays under the specific business day 

definition in Regulation Z also changed 

on June 17, 2021. The Bureau 

understands that this presented 

interpretive questions and compliance 

challenges for the mortgage industry 

because the Juneteenth holiday occurred 

only two days after the date of the law 

change. Based on industry inquiries and 

outreach to the Bureau following the 

June 17, 2021, amendment to 5 U.S.C. 

6103(a), the Bureau understands these 

issues were particularly acute for 

transactions that either (1) closed on or 

before June 17, 2021, but for which 

consumers’ rescission periods had not 

yet expired or (2) were close to the 


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44268 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 

4The Bureau is adopting this interpretation 

effective on the date of publication in the Federal 

Register. The interpretive rule explains the 

Bureau’s view of the legal requirements that were 

applicable around the time of the Juneteenth 

holiday in June 2021. 

5With respect to rescission, the affected 

regulatory provisions are § 1026.23(a)(3)(i) and 

(b)(1)(v). With respect to TRID, the affected 

regulatory provisions are § 1026.19(e)(1)(iii)(B), 

(e)(1)(iv), (e)(2)(i)(A), (e)(4)(ii), and (f)(1)(ii) and (iii). 

Other provisions of Regulation Z rely on the 

specific business day definition and therefore also 

were affected by the legislation. Those provisions 

are outside the scope of this interpretive rule. 

6The Bureau understands that the law amending 

5 U.S.C. 6103(a) to add Juneteenth to the list of 

Federal holidays was signed by the President 

shortly after 4 p.m. EST on June 17, 2021. See Press 

Release, The White House, Remarks by President 

Biden at Signing of the Juneteenth National 

Independence Day Act (June 17, 2021), https://

www.whitehouse.gov/briefing-room/speechesremarks/2021/06/17/remarks-by-president-biden-atsigning-of-the-juneteenth-national-independenceday-act/. While the law took effect immediately, the 

Bureau is clarifying that the version of the specific 

business day definition in effect prior to June 17, 

2021, applies where the relevant time period began 

at any time on June 17, 2021. The requirements 

discussed in this interpretive rule generally apply 

with respect to the day that a particular event 

occurred, not the time of day. Accordingly, the 

Bureau believes it is more consistent with these 

provisions not to distinguish among actions taken 

at different times on June 17, 2021. Treating all 

actions taken on June 17, 2021, the same in the 

context of these provisions also serves the purposes 

of the regulation, by providing certainty to creditors 

and uniformity in the application of the specific 

business day definition across the mortgage market. 

7See, e.g., 74 FR 23289, 23294 (May 19, 2009) 

(applying the specific business day definition to the 

seven-business-day waiting period prior to 

consummation after receipt of required disclosures, 

explaining that (1) doing so makes it easier for 

creditors to determine how to meet timing 

requirements, especially where the creditor has 

multiple offices not open on the same days; (2) the 

standard for determining when a waiting period 

ends will be the same for all creditors; and (3) 

whether a creditor’s offices are open or closed will 

not affect the time that a consumer has to receive 

and review disclosures). 

8The Board explained that it adopted the two-tier 

definition because transactions subject to the right 

of rescission need a more definite and uniform 

business day definition. See 46 FR 20848, 20850 

(Apr. 7, 1981). Regulatory authority for this 

provision was later transferred to the Bureau. See 

Dodd-Frank Wall Street Reform and Consumer 

Protection Act, Public Law 111–203, section 1061, 

124 Stat. 1376, 2036 (2010) (transferring to the 

Bureau the ‘‘consumer financial protection 

functions’’ previously vested in certain other 

Federal agencies, including the Board). 

9The Bureau applied the specific business day 

definition to various TRID timing provisions to 

facilitate compliance for industry and to reduce the 

potential for closing delays. See 78 FR 79730, 

79770, 79837, 79851 (Dec. 31, 2013). 

10The material disclosures are the required 

disclosures of the annual percentage rate, the 

finance charge, the amount financed, the total of 

payments, the payment schedule, and the 

disclosures and limitations referred to in 

§§ 1026.32(c) and (d) and 1026.43(g). See 12 CFR 

1026.23(a)(3)(ii). 

11 ‘‘Consummation’’ is defined in § 1026.2(a)(13) 

as the time that a consumer becomes contractually 

obligated on the credit transaction. Per comment 

2(a)(13)–1, when a contractual obligation is created 

is determined by State law. 

12A creditor is required to provide two copies of 

the notice of the right to rescind to each consumer 

entitled to rescind (one copy to each if the notice 

is delivered in electronic form in accordance with 

the consumer consent and other applicable 

provisions of the E-Sign Act). The notice must be 

on a separate piece of paper but may appear with 

other information such as the itemization of the 

amount financed. The creditor may deliver the 

notice after the transaction is consummated, but the 

rescission period will not begin to run until the 

notice is given. See 12 CFR 1026.23(b)(1) and 

comments 23(b)(1)–2 and –4. 

planned closing date on June 17, 2021, 

and subject to certain disclosure timing 

requirements of the TRID provisions of 

Regulation Z. 

This interpretive rule provides 

guidance on the 2021 Juneteenth 

holiday and the specific business day 

definition in these two situations.4

II. Discussion 

Guidance on Determining the 

Applicable Specific Business Day 

Definition 

The specific business day definition 

applies to various timing requirements 

in Regulation Z, including rescission of 

closed-end mortgages and some TRID 

provisions.5 Regulation Z does not 

specify which version of the specific 

business day definition applies to these 

provisions when the definition changes 

during the relevant time period—the 

version of the definition in effect when 

the relevant time period begins, or the 

new version of the definition that takes 

effect before the relevant time period 

ends. The Bureau is issuing this 

interpretive rule to clarify that the 

version of the specific business day 

definition that applies to these 

provisions is the version of the 

definition in effect when the relevant 

time period begins.6 Accordingly, in the 

context of the 2021 Juneteenth Federal 

holiday and the affected closed-end 

rescission and TRID provisions, if the 

relevant time period began on or before 

June 17, 2021, then June 19, 2021, is a 

business day for purposes of the specific 

business day definition. If the relevant 

time period began after June 17, 2021, 

then June 19, 2021, is a Federal holiday 

for purposes of the specific business day 

definition. 

The Bureau concludes that this 

reading is consistent with the purposes 

of the specific business day definition, 

which are to provide certainty and 

uniformity to the timing requirements.7

When the Federal Reserve Board (Board) 

established the specific business day 

definition, it explained that creditors 

and consumers need certainty as to the 

length of the rescission period; 

otherwise, they risk a delay in the loan 

funding date to account for an extension 

of the rescission period.8 Similarly, in 

issuing the TRID requirements, the 

Bureau explained that creditors and 

consumers need certainty as to the 

length of the waiting and other time 

periods required under the TRID 

provisions in order to establish a closing 

date and reduce the potential for 

unexpected closing delays.9 Interpreting 

these provisions to require use of an 

amended specific business day 

definition that takes effect only after the 

relevant time period begins would 

undermine that certainty, as it may 

require a change in the timing of loan 

funding, closing, and other dates that 

are dependent on the definition. 

The Bureau notes that the affected 

closed-end rescission and TRID 

provisions do not prohibit creditors 

from providing longer time periods. 

Therefore, as discussed further below, it 

would also be compliant for creditors to 

have considered June 19, 2021, a 

Federal holiday for purposes of these 

provisions. 

Application to Specific Rescission 

Provisions 

As noted above, the Bureau is 

clarifying that the version of the specific 

business day definition that applies to 

the provisions discussed in this 

interpretive rule is the version of the 

definition in effect when the relevant 

time period begins. This section 

discusses how that guidance applies to 

closed-end rescission provisions that 

reference the specific business day 

definition. 

Section 1026.23(a)(3)(i) provides that, 

for closed-end transactions covered by 

the right of rescission, the consumer 

may exercise the right to rescind until 

midnight of the third business day 

following the last of (1) delivery of all 

material disclosures; 10 (2) 

consummation of the loan; 11 and (3) 

delivery of the notice of the right to 

rescind to each consumer entitled to 

rescind.12 Pursuant to § 1026.23(b)(1)(v), 

the notice must include the date the 

rescission period expires. 

For purposes of § 1026.23(a)(3)(i), the 

rescission period is determined based 

on the version of the specific business 

day definition in effect when the 

rescission period begins. Similarly, for 

purposes of § 1026.23(b)(1)(v), the 

rescission period expiration date 

disclosed on the notice of the right to 

rescind is determined based on the 

version of the specific business day 

definition in effect when the rescission 

period begins. Therefore, if the 

rescission period began on or before 

June 17, 2021, for purposes of 

determining the rescission period and 


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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44269 

13The seven-business-day waiting period begins 

when the creditor delivers the Loan Estimate or 

places it in the mail, not when the consumer 

receives or is considered to have received the Loan 

Estimate. Comment 19(e)(1)(iii)–2. 

14 In such circumstances, the creditor may, 

alternatively, rely on evidence that the consumer 

received the disclosures earlier. Comments 

19(e)(1)(iv)–1 and –2 provide that if the Loan 

Estimate is not provided to the consumer in person 

(such as by mail or email), the creditor may, 

alternatively, rely on evidence that the consumer 

received the Loan Estimate earlier than three 

business days after it is delivered or placed in the 

mail. See also comments 19(e)(4)(ii)–1 and 

19(f)(1)(iii) 1 and –2. 

15Relatedly, § 1026.19(e)(2)(i)(A) provides that 

neither a creditor nor any other person may impose 

a fee on a consumer in connection with the 

consumer’s application for a mortgage transaction 

before the consumer has, among other things, 

received the Loan Estimate. While 

§ 1026.19(e)(2)(i)(A) does not refer to business days 

when referencing the consumer receiving the Loan 

Estimate, § 1026.2(a)(6) lists the specific business 

day definition as applying to § 1026.19(e)(2)(i)(A). 

The same interpretation that applies to the mailbox 

rules for purposes of determining the receipt of 

disclosures also applies to § 1026.19(e)(2)(i)(A). 

16This provision also prohibits a creditor from 

delivering a revised Loan Estimate on or after the 

date on which the creditor provides the Closing 

Disclosure. 12 CFR 1026.19(e)(4)(ii). 

17 12 U.S.C. 5512(b)(1). 

the disclosed rescission period 

expiration date, Saturday, June 19, 2021, 

is a business day notwithstanding the 

addition of Juneteenth as a Federal 

holiday. For example, assume the 

rescission period began on Wednesday, 

June 16, 2021. Consistent with the 

version of the specific business day 

definition in effect when the rescission 

period began, the creditor disclosed 

June 19, 2021, as the rescission period 

expiration date on the notice of the right 

to rescind. Because the rescission period 

began on or before June 17, 2021, 

Saturday, June 19, 2021, is a business 

day for purposes of determining the 

rescission period and the disclosed 

rescission period expiration date. In this 

example, the rescission period expired 

on Saturday, June 19, 2021; the original 

rescission period expiration date did not 

change as a result of the addition of 

Juneteenth as a Federal holiday. The 

Bureau notes, however, that for 

purposes of compliance with 

§ 1026.23(a)(3)(i) and (b)(1)(v), a creditor 

may provide a longer rescission period. 

Application to Specific TRID Provisions 

As noted above, the Bureau is 

clarifying that the version of the specific 

business day definition that applies to 

the provisions discussed in this 

interpretive rule is the version in effect 

when the relevant time period begins. 

This section discusses how that 

guidance applies to TRID provisions 

that reference the specific business day 

definition. 

Delivery of Loan Estimate prior to 

consummation. Section 

1026.19(e)(1)(iii)(B) provides that 

creditors generally must deliver or place 

in the mail the Loan Estimate to 

consumers no later than seven business 

days before consummation of the 

transaction.13 Consistent with the 

guidance described above, the Bureau 

concludes that the seven-business-day 

waiting period in § 1026.19(e)(1)(iii)(B) 

is determined based on the version of 

the specific business day definition in 

effect on the date the creditor delivers 

the Loan Estimate or places it in the 

mail. For example, if a creditor 

delivered or placed the Loan Estimate in 

the mail on Monday, June 14, 2021, the 

creditor complied with 

§ 1026.19(e)(1)(iii)(B) if consummation 

occurred on or after Tuesday, June 22, 

2021, because the Loan Estimate was 

delivered or mailed seven business days 

(including June 19, 2021) before 

consummation. The Bureau notes, 

however, that it would also be 

compliant for creditors to have 

considered June 19, 2021, a Federal 

holiday for purposes of 

§ 1026.19(e)(1)(iii)(B) because creditors 

may provide the Loan Estimate earlier 

than seven business days before 

consummation. 

Mailbox rules. Section 

1026.19(e)(1)(iv), (e)(4)(ii), and (f)(1)(iii) 

provide that if the Loan Estimate or 

Closing Disclosure, as applicable, is not 

provided to the consumer in person, the 

consumer is considered to have received 

the Loan Estimate or Closing Disclosure 

three business days after it is delivered 

or placed in the mail when determining 

compliance with the disclosure timing 

requirements in those sections.14 These 

are referred to herein as ‘‘mailbox 

rules.’’ The Bureau concludes that, for 

purposes of § 1026.19(e)(1)(iv), (e)(4)(ii), 

and (f)(1)(iii), the three-business-day 

period is determined based on the 

version of the specific business day 

definition in effect on the date the 

creditor delivers the disclosures or 

places them in the mail.15 For example, 

if a creditor did not provide the Loan 

Estimate or Closing Disclosure to the 

consumer in person but delivered or 

placed it in the mail on Thursday, June 

17, 2021, the consumer is considered to 

have received the Loan Estimate or 

Closing Disclosure on Monday, June 21, 

2021. It would also be compliant for 

creditors to have considered June 19, 

2021, a Federal holiday for purposes of 

the mailbox rules in § 1026.19(e)(1)(iv), 

(e)(4)(ii), and (f)(1)(iii). 

Receipt of revised Loan Estimate and 

Closing Disclosure prior to 

consummation. Section 1026.19(e)(4)(ii) 

provides, in part, that the consumer 

must receive any revised Loan Estimate 

no later than four business days prior to 

consummation.16 Section 

1026.19(f)(1)(ii)(A) provides that the 

creditor must ensure that the consumer 

receives the Closing Disclosure no later 

than three business days before 

consummation. Unlike 

§ 1026.19(e)(1)(iii)(B), the 

§ 1026.19(e)(4)(ii) and (f)(1)(ii)(A) timing 

requirements begin when the 

disclosures are received by the 

consumer and not when they are 

delivered or placed in the mail. 

However, as noted above, 

§ 1026.19(e)(4)(ii) and (f)(1)(iii) provide 

that if the revised Loan Estimate or 

Closing Disclosure is not provided to 

the consumer in person, the consumer 

is considered to have received the 

revised Loan Estimate or Closing 

Disclosure three business days after it is 

delivered or placed in the mail. 

Thus, the Bureau concludes that the 

four- and three-business-day timing 

requirements in § 1026.19(e)(4)(ii) and 

(f)(1)(ii)(A), respectively, are determined 

based on the version of the specific 

business day definition in effect on the 

date the creditor either provides the 

required disclosures to the consumer in 

person or, if not provided in person, the 

date the creditor delivers or places the 

required disclosures in the mail. For 

example, if a creditor provided the 

Closing Disclosure to the consumer in 

person on Thursday, June 17, 2021, the 

creditor complied with 

§ 1026.19(f)(1)(ii)(A) if consummation 

occurred on or after Monday, June 21, 

2021, because the Closing Disclosure 

was delivered in person no later than 

three business days (including June 19, 

2021) before consummation. The Bureau 

notes, however, that it would also be 

compliant for creditors to have 

considered June 19, 2021, a Federal 

holiday for purposes of 

§ 1026.19(e)(4)(ii) and (f)(1)(ii)(A) 

because creditors may provide the 

revised Loan Estimate or Closing 

Disclosure earlier than required. 

III. Regulatory Matters 

This is an interpretive rule issued 

under the Bureau’s authority to interpret 

Regulation Z, including under section 

1022(b)(1) of the Dodd-Frank Act, which 

authorizes guidance as may be 

necessary or appropriate to enable the 

Bureau to administer and carry out the 

purposes and objectives of Federal 

consumer financial laws.17

By operation of section 130(f) of the 

Truth in Lending Act (TILA), no 

provision of TILA sections 130, 108(b), 

108(c), 108(e), or 112 imposing any 

liability applies to any act done or 


lotter on DSK11XQN23PROD with RULES1
44270 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 

18 15 U.S.C. 1640(f); see also 12 U.S.C. 2617(b), 

12 CFR 1024.4 (similar protection conferred by the 

Real Estate Settlement Procedures Act from certain 

liability). 

19 5 U.S.C. 553(b). 

20 5 U.S.C. 603(a), 604(a). 

21 44 U.S.C. 3501 et seq. 

22 5 U.S.C. 801 et seq. 

1As discussed in a memorandum of 

understanding entered into by the Food and Drug 

Administration (FDA) and the National Institute on 

Drug Abuse (NIDA), FDA acts as the lead agency 

within HHS in carrying out the Secretary’s 

scheduling responsibilities under the CSA, with the 

concurrence of NIDA. 50 FR 9518 (March 8, 1985). 

The Secretary of HHS has delegated to the Assistant 

Secretary for Health of HHS the authority to make 

domestic drug scheduling recommendations. 58 FR 

35460, July 1, 1993. 

omitted in good faith in conformity with 

this interpretive rule, notwithstanding 

that after such act or omission has 

occurred, the interpretive rule is 

amended, rescinded, or determined by 

judicial or other authority to be invalid 

for any reason.18

As an interpretive rule, this rule is 

exempt from the notice-and-comment 

rulemaking requirements of the 

Administrative Procedure Act.19

Because no notice of proposed 

rulemaking is required, the Regulatory 

Flexibility Act does not require an 

initial or final regulatory flexibility 

analysis.20 The Bureau has determined 

that this interpretive rule does not 

impose any new or revise any existing 

recordkeeping, reporting, or disclosure 

requirements on covered entities or 

members of the public that would be 

collections of information requiring 

Office of Management and Budget 

(OMB) approval under the Paperwork 

Reduction Act.21

Pursuant to the Congressional Review 

Act,22 the Bureau will submit a report 

containing this interpretive rule and 

other required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to the 

rule’s published effective date. The 

Office of Information and Regulatory 

Affairs has designated this interpretive 

rule as not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

IV. Signing Authority 

The Acting Director of the Bureau, 

David Uejio, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Laura Galban, a Bureau 

Federal Register Liaison, for purposes of 

publication in the Federal Register. 

Dated: August 5, 2021. 

Laura Galban, 

Federal Register Liaison, Bureau of Consumer 

Financial Protection. 

[FR Doc. 2021–17050 Filed 8–11–21; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–498] 

Schedules of Controlled Substances: 

Placement of 4,4′-DMAR in Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final rule. 

SUMMARY: With the issuance of this final 

rule, the Drug Enforcement 

Administration places 4,4′- 

dimethylaminorex (common name: 4,4′- 

DMAR) including its salts, isomers, and 

salts of isomers, in schedule I of the 

Controlled Substances Act. This action 

is being taken to enable the United 

States to meet its obligations under the 

1971 Convention on Psychotropic 

Substances. This action imposes the 

regulatory controls and administrative, 

civil, and criminal sanctions applicable 

to schedule I controlled substances on 

persons who handle (manufacture, 

distribute, import, export, engage in 

research, conduct instructional 

activities or chemical analysis, or 

possess), or propose to handle 4,4′- 

DMAR. 

DATES: Effective date: September 13, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Drug and Chemical 

Evaluation Section, Diversion Control 

Division, Drug Enforcement 

Administration; Telephone: (571) 362– 

3249. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

The United States is a party to the 

1971 United Nations Convention on 

Psychotropic Substances (1971 

Convention), February 21, 1971, 32 

U.S.T. 543, 1019 U.N.T.S. 175, as 

amended. Procedures respecting 

changes in drug schedules under the 

1971 Convention are governed 

domestically by 21 U.S.C. 811(d)(2–4). 

When the United States receives 

notification of a scheduling decision 

pursuant to Article 2 of the 1971 

Convention adding a drug or other 

substance to a specific schedule, the 

Secretary of the Department of Health 

and Human Services (HHS),1 after 

consultation with the Attorney General, 

shall first determine whether existing 

legal controls under subchapter I of the 

Controlled Substances Act (CSA) and 

the Federal Food, Drug, and Cosmetic 

Act meet the requirements of the 

schedule specified in the notification 

with respect to the specific drug or 

substance. 21 U.S.C. 811(d)(3). In the 

event that the Secretary of HHS 

(Secretary) did not so consult with the 

Attorney General, and the Attorney 

General did not issue a temporary order, 

as provided under 21 U.S.C. 811(d)(4), 

the procedures for permanent 

scheduling are set forth in 21 U.S.C. 

811(a) and (b). Pursuant to 21 U.S.C. 

811(a)(1), the Attorney General may, by 

rule, add to such a schedule or transfer 

between such schedules any drug or 

other substance, if he finds that such 

drug or other substance has a potential 

for abuse, and makes with respect to 

such drug or other substance the 

findings prescribed by 21 U.S.C. 812(b) 

for the schedule in which such drug or 

other substance is to be placed. The 

Attorney General has delegated this 

scheduling authority to the 

Administrator of the Drug Enforcement 

Administration (DEA Administrator or 

Administrator). 28 CFR 0.100. 

Background 

4,4′-Dimethylaminorex (common 

name: 4,4′-DMAR; other names: 4,5- 

dihydro-4-methyl-5-(4-methylphenyl)-2- 

oxazolamine; 4-methyl-5-(4- 

methylphenyl)-4,5-dihydro-1,3-oxazol2-amine) is a synthetic stimulant drug 

structurally related to 4-methylaminorex 

(4–MAR), a schedule I substance in the 

United States and a Schedule I 

substance in the 1971 Convention. In 

November 2015, the Director-General of 

the World Health Organization 

recommended the Secretary-General of 

the United Nations (UN SecretaryGeneral) place 4,4′-DMAR in Schedule II 

of the 1971 Convention, as 4,4′-DMAR 

produces a spectrum of pharmacological 

effects similar to psychomotor 

stimulants listed in Schedule II of the 

1971 Convention, and has dependence 

and abuse potential. In May 2016, the 

UN Secretary-General advised the 

Secretary of State of the United States 

(U.S. Secretary of State) that the 

Commission on Narcotic Drugs (CND) 

voted to place 4,4′-dimethylaminorex 

(4,4′-DMAR) in Schedule II of the 1971 

Convention (CND Dec/59/5) during its 

59th Session in March 2016. 


lotter on DSK11XQN23PROD with RULES1