Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44273 

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. 


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44274 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 

IV. Discussion of the Rule 

The COTP is establishing a temporary 

special local regulation to restrict vessel 

traffic for the safety of persons and 

property. The special local regulation 

will cover certain navigable waters of 

Great South Bay, from Gilbert Park, 

Brightwaters, NY to Fire Island 

Lighthouse, NY, from 8:00 a.m. until 

12:30 p.m. on August 12, 2021. The 

temporary special local regulation will 

cover Waters of the Great South Bay, 

NY, within 100 yards of the race course. 

Starting Point at the Fire Island 

Lighthouse Dock in position at 

40°38′01′′ N, 073°13′07′′ W; then northby-northwest to a point in position at 

40°38′52′′ N, 073°13′09′′ W; then northby-northwest to a point in position at 

40°39′40′′ N, 073°13′30′′ W; then northby-northwest to a point in position at 

40°40′30′′ N, 073°14′00′′ W; and then 

north-by-northwest, finishing at Gilbert 

Park, Brightwaters, NY at position 

40°42′25′′ N, 073°14′52′′ W (NAD 83). 

The duration of the regulated area is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters for the duration of the 

Maggie Fischer Memorial Cross Bay 

Swim marine event. No vessel or person 

will be permitted to enter the regulated 

area without obtaining permission from 

COTP or the designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on size, location, and duration 

and time-of-day of the special local 

regulation. This rule involves a special 

local regulation lasting approximately 

4.5 hours and impacting a limited area 

of the Great South Bay. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the special local 

regulation and the rule would allow 

vessels to seek permission to enter the 

area. Vessel traffic would also be able to 

request permission from the COTP or a 

designated representative to enter the 

regulated area. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the regulated 

area may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect 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. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a temporary special local 

regulation lasting from 8 a.m. through 

12:30 p.m. on August 12, 2021 that will 

limit access to the Great South Bay for 

the duration of the swim event. It is 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 


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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44275 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T01–0545 to read as 

follows: 

§ 100.T01–0545 Special Local Regulation; 

Maggie Fischer Memorial Cross Bay Swim, 

Great South Bay, Brightwaters, NY. 

(a) Regulated Area. The regulations in 

this section apply to the following area: 

Waters of the Great South Bay, NY, 

within 100 yards of the race course. 

Starting Point at the Fire Island 

Lighthouse Dock in position at 

40°38′01′′ N, 073°13′07′′ W; then northby-northwest to a point in position at 

40°38′52′′ N, 073°13′09′′ W; then northby-northwest to a point in position at 

40°39′40′′ N, 073°13′30′′ W; then northby-northwest to a point in position at 

40°40′30′′ N, 073°14′00′′ W; and then 

north-by-northwest, finishing at Gilbert 

Park, Brightwaters, NY at position 

40°42′25′′ N, 073°14′52′′ W. These 

coordinates are approximate and are 

based on datum NAD 1983. 

(b) Definitions. As used in this 

section, Designated Representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Long Island Sound (COTP) in 

the enforcement of the regulations in 

this section. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the COTP 

or the Designated Representative. 

(2) To seek permission to enter, 

contact the COTP or the Designated 

Representative via VHF–FM marine 

channel 16 or by contacting the Coast 

Guard Sector Long Island Sound 

Command Center at (203) 468–4401. 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the Designated Representative. 

(d) Enforcement period. This section 

will be enforced from 8 a.m. to 12:30 

p.m. on August 12, 2021. 

Dated: August 9, 2021. 

S.A. Koch, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Long Island Sound. 

[FR Doc. 2021–17285 Filed 8–10–21; 11:15 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0615] 

RIN 1625–AA00 

Safety Zone; Ohio River, Owenboro, 

KY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

from mile marker 756 to 757 of the Ohio 

River. The safety zone is needed to 

protect life and the marine environment 

from potential hazards created by the 

Owensboro Fireworks and Bridge Lights 

show display. This temporary final rule 

would prohibit persons and vessels 

from entering the safety zone unless 

authorized by the Captain of the Port 

Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 6 p.m. 

through 9 p.m. on August 21, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0615 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 Petty Officer Christopher Roble, 

Sector Ohio Valley, U.S. Coast Guard; 

telephone (502) 779–5336, email 

SECOHV-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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. We must establish this 

safety zone by August 21, 2021, and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing this rule. 

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 contrary to public 

interest because immediate action is 

needed to ensure the safety of the 

participants and vessels during the 

Owensboro Fireworks and Bridge Lights 

show on August 21, 2021. 

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 Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the Owensboro 

Fireworks and Bridge Lights show on 

August 21, 2021, will be a safety 

concern for anyone within a 1.0 mile 

radius of the fireworks barge. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the Owensboro Fireworks and 

Bridge Lights show is occurring. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the Ohio River, starting 

at mile marker 756 and ending at 757, 

extending from bank to bank within the 

river. The safety zone will be enforced 

from 6 p.m. through 9 p.m. on August 

21, 2021. The duration of the zone is 

intended to protect personnel, vessels, 


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