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amended, rescinded, or determined by 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. 


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2Although there is no evidence suggesting that 

4,4′-DMAR has a currently accepted medical use in 

treatment in the United States, it bears noting that 

a drug cannot be found to have such medical use 

unless DEA concludes that it satisfies a five-part 

test. Specifically, with respect to a drug that has not 

been approved by FDA, to have a currently 

accepted medical use in treatment in the United 

States, all of the following must be demonstrated: 

i. The drug’s chemistry must be known and 

reproducible; ii. there must be adequate safety 

studies; iii. there must be adequate and wellcontrolled studies proving efficacy; iv. the drug 

must be accepted by qualified experts; and v. the 

scientific evidence must be widely available. 57 FR 

10499 (1992), pet. for rev. denied, Alliance for 

Cannabis Therapeutics v. DEA, 15 F.3d 1131, 1135 

(D.C. Cir. 1994). 

DEA and HHS Eight Factor Analyses 

On October 12, 2018, in accordance 

with 21 U.S.C. 811(b), and in response 

to DEA’s March 21, 2017 request, HHS 

provided to DEA a scientific and 

medical evaluation and a scheduling 

recommendation for 4,4′-DMAR. DEA 

subsequently reviewed HHS’ evaluation 

and recommendation for schedule I 

placement and all other relevant data, 

and conducted its own analysis under 

the eight factors stipulated in 21 U.S.C. 

811(c). DEA found, under 21 U.S.C. 

812(b)(1), that this substance warrants 

control in schedule I. Both DEA and 

HHS analyses are available in their 

entirety in the public docket for this 

rule (Docket Number DEA–498) at 

http://www.regulations.gov under 

‘‘Supporting Documents.’’ 

Notice of Proposed Rulemaking to 

Schedule 4,4′-DMAR 

On April 7, 2020, DEA published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Schedules of Controlled 

Substances: Placement of 4,4′-DMAR in 

schedule I of the CSA.’’ 85 FR 19401. 

The NPRM provided an opportunity for 

interested persons to file a request for 

hearing in accordance with DEA 

regulations on or before June 8, 2020. 

No requests for such a hearing were 

received by DEA. The NPRM also 

provided an opportunity for interested 

persons to submit comments on the 

proposed rule on or before June 8, 2020. 

Comments Received 

DEA received two comments on the 

proposed rule to control 4,4′-DMAR in 

schedule I of the CSA. 

Support for rulemaking: One 

commenter recognized the dangers and 

public health risks, and supported the 

placement of 4,4′-DMAR in schedule I. 

DEA Response: DEA appreciates the 

comment in support of this rulemaking. 

Dissent for rulemaking: One 

commenter stated that the number of 

4,4′-DMAR related deaths reported in 

Europe is small relative to its 

population, and evidence supporting 

scheduling is anecdotal. The commenter 

stated that schedule I control would 

restrict the ability to conduct research, 

and suggested that additional research 

with 4,4′-DMAR should take place first 

before clamping down. This commenter 

questioned the appropriateness of 

control of 4,4′-DMAR as a schedule I 

substance and suggested schedule II 

control for this substance. 

DEA Response: DEA does not agree. 

As discussed above, in May 2016, the 

Secretary-General advised the U.S. 

Secretary of State that the CND voted in 

March 2016 to place 4,4′-DMAR in 

Schedule II of the 1971 Convention. As 

the CSA recognizes, under 21 U.S.C. 

801(7), the United States is a party to 

international conventions, including the 

1971 Convention, and is obligated to 

maintain appropriate control provisions 

related to the drugs that are covered by 

the treaty. In addition, DEA conducted 

an eight-factor analysis pursuant to 21 

U.S.C. 811(c), and based its scheduling 

determination on a comprehensive 

evaluation of all available data, not just 

the number of deaths and anecdotal 

data. As stated in the proposed 

rulemaking, after careful review of all 

data, DEA concurred with HHS’ 

assessment that 4,4′-DMAR has abuse 

potential comparable to other schedule 

I (e.g. aminorex and 3,4- 

methylenedioxymethamphetamine) or II 

(d-amphetamine) substances, and is 

therefore promulgating this final rule 

placing 4,4′-DMAR in schedule I under 

the CSA. 

With regard to the commenter’s 

statement that placement of 4,4′-DMAR 

in schedule I would restrict research on 

this substance, DEA notes that placing 

a substance in schedule I does not 

prohibit research on that substance. 

Persons interested in conducting 

research with 4,4′-DMAR can do so 

provided that they have a DEA schedule 

I researcher registration and meet all 

other statutory and regulatory criteria. 

This registration can be obtained by 

submitting an application for schedule I 

registration in accordance with 21 CFR 

1301.11, 1301.13, 1301.18, and 1301.32. 

The CSA provides the specific 

administrative process for the Attorney 

General (as delegated to the 

Administrator), in consultation with the 

Secretary, to approve the registration for 

the bonafide research with schedule I 

drug substances. 21 U.S.C. 823(f); see 21 

CFR 1301.18. Thus, DEA believes that 

adding 4,4′-DMAR in the list of 

schedule I substances will not restrict 

any legitimate research. 

With regard to the commenter’s 

suggestion that 4,4′-DMAR be placed 

under schedule II, as DEA has stated in 

prior scheduling petitions, ‘‘Congress 

established only one schedule, schedule 

I, for drugs of abuse with ‘no currently 

accepted medical use in treatment in the 

United States’ and ‘lack of accepted 

safety for use . . . under medical 

supervision.’ 21 U.S.C. 812(b).’’ 76 FR 

40552 (2011); 66 FR 20038 (2001). As 

stated by HHS in its scientific and 

medical evaluation of 4,4′-DMAR, there 

are currently no Food and Drug 

Administration (FDA)-approved drug 

products containing 4,4′-DMAR for any 

clinical indication, nor are there clinical 

studies or petitioners that claim an 

accepted medical use in the United 

States. Thus, 4,4′-DMAR currently has 

no accepted medical use in treatment in 

the United States.2 Therefore, placement 

of 4,4′-DMAR in schedule I of the CSA 

is appropriate. 

Scheduling Conclusion 

After consideration of the public 

comments, the scientific and medical 

evaluations and accompanying 

recommendation of HHS, and 

conducting an independent eight-factor 

analysis, DEA finds substantial evidence 

of potential for abuse of 4,4′-DMAR. As 

such, DEA is permanently scheduling 

4,4′-DMAR as a controlled substance 

under the CSA. 

Determination of Appropriate Schedule 

The CSA establishes five schedules of 

controlled substances known as 

schedules I, II, III, IV, and V. The CSA 

also outlines the findings required to 

place a drug or other substance in any 

particular schedule. 21 U.S.C. 812(b). 

After consideration of the analysis and 

recommendation of the Assistant 

Secretary for HHS and review of all 

other available data, the Administrator 

of DEA, pursuant to 21 U.S.C. 811(a) 

and 812(b)(1), finds that: 

(1) 4,4′-DMAR has a high potential for 

abuse. This potential is comparable to 

other schedule I substances (e.g., 

aminorex and 3,4- 

methylenedioxymethamphetamine) or 

schedule II substances (e.g., damphetamine); 

(2) 4,4′-DMAR has no currently 

accepted medical use in treatment in the 

United States; and 

(3) There is a lack of accepted safety 

for use of 4,4′-DMAR under medical 

supervision. 

Based on these findings, the 

Administrator concludes that 4,4′- 

DMAR, including its salts, isomers, and 

salts of isomers, warrants control in 

schedule I of the CSA. 21 U.S.C. 

812(b)(1). 

Requirements for Handling 4,4′-DMAR 

4,4′-DMAR is subject to the CSA’s 

schedule I regulatory controls and 


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administrative, civil, and criminal 

sanctions applicable to the manufacture, 

distribution, dispensing, importing, 

exporting, research, and conduct of 

instructional activities, including the 

following: 

1. Registration. Any person who 

handles (manufactures, distributes, 

imports, exports, engages in research, or 

conducts instructional activities or 

chemical analysis with, or possesses), or 

who desires to handle 4,4′-DMAR, must 

be registered with DEA to conduct such 

activities pursuant to 21 U.S.C. 822, 

823, 957, and 958, and in accordance 

with 21 CFR parts 1301 and 1312. Any 

person who currently handles 4,4′- 

DMAR and is not registered with DEA 

must submit an application for 

registration and may not continue to 

handle 4,4′-DMAR, unless DEA has 

approved that application, pursuant to 

21 U.S.C. 822, 823, 957, and 958 and in 

accordance with 21 CFR parts 1301 and 

1312. 

2. Disposal of stocks. Any person 

unwilling or unable to obtain a schedule 

I registration must surrender all 

quantities of currently held 4,4′-DMAR, 

or may transfer all quantities of 

currently held 4,4′-DMAR to a person 

registered with DEA. 4,4′-DMAR is 

required to be disposed of in accordance 

with 21 CFR part 1317, in addition to 

all other applicable Federal, State, local, 

and tribal laws. 

3. Security. 4,4′-DMAR is subject to 

schedule I security requirements and 

must be handled and stored pursuant to 

21 U.S.C. 821 and 823 and in 

accordance with 21 CFR 1301.71– 

1301.76. Non-practitioners handling 

4,4′-DMAR must also comply with the 

employee screening requirements of 21 

CFR 1301.90–1301.93. 

4. Labeling and Packaging. All labels, 

labeling, and packaging for commercial 

containers of 4,4′-DMAR must comply 

with 21 U.S.C. 825 and 958(e), and be 

in accordance with 21 CFR part 1302. 

5. Quota. Only registered 

manufacturers are permitted to 

manufacture 4,4′-DMAR in accordance 

with a quota assigned pursuant to 21 

U.S.C. 826 and in accordance with 21 

CFR part 1303. 

6. Inventory. Every DEA registrant 

who possesses any quantity of 4,4′- 

DMAR, must take an inventory of 4,4′- 

DMAR on hand pursuant to 21 U.S.C. 

827 and 958 and in accordance with 21 

CFR 1304.03, 1304.04, and 1304.11(a) 

and (d). 

Any person who registers with DEA 

must take an initial inventory of all 

stocks of controlled substances 

(including 4,4′-DMAR) on hand on the 

date the registrant first engages in the 

handling of controlled substances, 

pursuant to 21 U.S.C. 827, 958, and in 

accordance with 21 CFR 1304.03, 

1304.04, and 1304.11(a) and (b). 

After the initial inventory, every DEA 

registrant must take an inventory of all 

controlled substances (including 4,4′- 

DMAR) on hand every two years, 

pursuant to 21 U.S.C. 827 and 958, and 

in accordance with 21 CFR 1304.03, 

1304.04, and 1304.11. 

7. Records and Reports. Every DEA 

registrant must maintain records and 

submit reports with respect to 4,4′- 

DMAR, pursuant to 21 U.S.C. 827 and 

958(e), and in accordance with 21 CFR 

parts 1304, 1312, and 1317. 

Manufacturers and distributors must 

submit reports regarding 4,4′-DMAR to 

the Automation of Reports and 

Consolidated Order System pursuant to 

21 U.S.C. 827 and in accordance with 21 

CFR parts 1304 and 1312. 

8. Order Forms. Every DEA registrant 

who distributes 4,4′-DMAR must 

comply with the order form 

requirements, pursuant to 21 U.S.C. 828 

and in accordance with 21 CFR part 

1305. 

9. Importation and Exportation. All 

importation and exportation of 4,4′- 

DMAR must comply with 21 U.S.C. 952, 

953, 957, and 958, and in accordance 

with 21 CFR part 1312. 

10. Liability. Any activity involving 

4,4′-DMAR not authorized by, or in 

violation of, the CSA or its 

implementing regulations, is unlawful, 

and may subject the person to 

administrative, civil, and/or criminal 

sanctions. 

Regulatory Analyses 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 

In accordance with 21 U.S.C. 811(a), 

this final scheduling action is subject to 

formal rulemaking procedures 

performed ‘‘on the record after 

opportunity for a hearing,’’ which are 

conducted pursuant to the provisions of 

5 U.S.C. 556 and 557. The CSA sets 

forth the criteria for scheduling a drug 

or other substance. Such actions are 

exempt from review by the Office of 

Management and Budget (OMB) 

pursuant to section 3(d)(1) of Executive 

Order (E.O.) 12866 and the principles 

reaffirmed in E.O. 13563. 

Executive Order 12988, Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of E.O. 12988 to eliminate 

drafting errors and ambiguity, minimize 

litigation, provide a clear legal standard 

for affected conduct, and promote 

simplification and burden reduction. 

Executive Order 13132, Federalism 

This rulemaking does not have 

federalism implications warranting the 

application of E.O. 13132. The rule does 

not have substantial direct effects on the 

States, on the relationship between the 

National Government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This rule does not have tribal 

implications warranting the application 

of E.O. 13175. It does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Regulatory Flexibility Act 

The Administrator, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 601–602, has reviewed this final 

rule and by approving it certifies that it 

will not have a significant economic 

impact on a substantial number of small 

entities. 

DEA is placing the substance 4,4′- 

DMAR, including its salts, isomers, and 

salts of isomers, in schedule I of the 

CSA. This action is being taken to 

enable the United States to meet its 

obligations under the 1971 Convention. 

This action imposes the regulatory 

controls and administrative, civil, and 

criminal sanctions applicable to 

schedule I controlled substances on 

persons who handle (manufacture, 

distribute, reverse distribute, import, 

export, engage in research, conduct 

instructional activities or chemical 

analysis with, or possess), or propose to 

handle 4,4′-DMAR. 

Based on the review of HHS’ scientific 

and medical evaluation and all other 

relevant data, DEA determined that 4,4′- 

DMAR has a high potential for abuse, 

has no currently accepted medical use 

in treatment in the United States, and 

lacks accepted safety for use under 

medical supervision. DEA’s research 

confirms that there is no legitimate 

commercial market for 4,4′-DMAR in the 

United States. Therefore, DEA estimates 

that no United States entity currently 

handles 4,4′-DMAR and does not expect 

any United States entity to handle 4,4′- 

DMAR in the foreseeable future. DEA 

concludes that no legitimate United 

States entity would be affected by this 

rule. As such, this rule will not have a 


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significant effect on a substantial 

number of small entities. 

Unfunded Mandates Reform Act of 1995 

In accordance with the Unfunded 

Mandates Reform Act (UMRA) of 1995, 

2 U.S.C. 1501 et seq., DEA has 

determined and certifies that this action 

would not result in any Federal 

mandate that may result ‘‘in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

(adjusted annually for inflation) in any 

1 year * * *.’’ Therefore, neither a 

Small Government Agency Plan nor any 

other action is required under UMRA of 

1995. 

Congressional Review Act 

This rule is not a major rule as 

defined by the Congressional Review 

Act (CRA), 5 U.S.C. 804. However, 

pursuant to the CRA, DEA is submitting 

a copy of this final rule to the 

Government Accountability Office, the 

House, and the Senate under the CRA. 

Paperwork Reduction Act of 1995 

This action does not impose a new 

collection of information under the 

Paperwork Reduction Act of 1995. 44 

U.S.C. 3501–3521. This action would 

not impose recordkeeping or reporting 

requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, 21 CFR 

part 1308 is amended as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for 21 CFR 

part 1308 continues to read as follows: 

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

956(b), unless otherwise noted. 

■ 2. In § 1308.11, redesignate 

paragraphs (f)(4) through (8) as (f)(5) 

through (9) and add a new paragraph 

(f)(4) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(f) * * * 

(4) 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4- 

methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine) ........................................................................................................................... 1595 

* * * * * 

Anne Milgram, 

Administrator. 

[FR Doc. 2021–17052 Filed 8–11–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0545] 

RIN 1625–AA08 

Special Local Regulation; Great South 

Bay, Brightwaters, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation of certain navigable waters of 

Great South Bay, from Gilbert Park, 

Brightwaters, NY to Fire Island 

Lighthouse, NY for the Maggie Fischer 

Memorial Cross Bay Swim event. This 

action is necessary to provide the safety 

of life on these navigable waters during 

the swim event on Thursday, August 12, 

2021. This rulemaking will prohibit 

persons and vessels from being in the 

regulated area unless authorized by the 

Captain of the Port Long Island Sound 

or a designated representative. 

DATES: This rule is effective from 8 a.m. 

through 12:30 p.m. on Thursday, August 

12, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0545 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST1 Chris Gibson, Waterways 

Management Division, U.S. Coast 

Guard; telephone 203–468–4565, email 

Chris.A.Gibson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Long Island 

Sound 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest. We must establish the 

temporary special local regulation by 

August 12, 2021 and insufficient time 

exists to execute the full NPRM process. 

Further, the expeditious 

implementation of this rule is in the 

public interest because it will help 

ensure the safety of those involved in 

the swim event. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

the temporary special local regulation 

must be established on August 12, 2021 

to ensure the safety of spectators and 

vessels during the swim event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Long Island Sound 

(COTP) has determined that potential 

hazards associated with the Maggie 

Fischer Memorial Cross Bay Swim 

marine event for any persons or vessels 

operating within certain waters of the 

Great South Bay, NY. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the special 

local regulated area during the Maggie 

Fischer Memorial Cross Bay Swim 

marine event. 


lotter on DSK11XQN23PROD with RULES1