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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Rules and Regulations
noteworthy that, in subsection 811h, Congress authorized the issuance of temporary scheduling actions by order rather than by rule. In the alternative, even if this action were subject to 5
U.S.C. 553, the Acting Administrator finds that there is good cause to forgo the notice and comment and the delayed effective date requirements of such section, as any further delays in the process for extending the temporary scheduling order would be impracticable and contrary to the public interest in view of the manifest urgency to avoid an imminent hazard to the public safety that these substances would present if scheduling expired, for the reasons expressed in the temporary scheduling order 84 FR 15505, April 16, 2019. Further, DEA believes that this order extending the temporary scheduling action is not a rule as defined by 5 U.S.C. 6012, and, accordingly, is not subject to the requirements of the Regulatory Flexibility Act. The requirements for the preparation of an initial regulatory flexibility analysis in 5 U.S.C. 603a are not applicable where, as here, DEA is not required by 5 U.S.C. 553 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 E.O. 12866
Regulatory Planning and Review section 3f, and the principles reaffirmed in E.O. 13563 Improving Regulation and Regulatory Review, 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 E.O. 13132
Federalism, it is determined that this action does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
As noted above, this action is an order, not a rule. Accordingly, the Congressional Review Act CRA is inapplicable, as it applies only to rules.
5 U.S.C. 801, 8043. It is in the public interest to maintain the temporary placement of 5FEDMBPINACA, 5F
MDMBPICA, FUBAKB48, 5F
CUMYLPINACA and FUB144 in schedule I because they pose a public health risk, for the reasons expressed in the temporary scheduling order 84 FR
15505, April 16, 2019. The temporary scheduling action was taken pursuant to 21 U.S.C. 811h, which is specifically
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designed to enable DEA to act in an expeditious manner to avoid an imminent hazard to the public safety.
Under subsection 811h, temporary scheduling orders are not subject to notice and comment rulemaking procedures. DEA understands that the CSA frames temporary scheduling actions as orders rather than rules to ensure that the process moves swiftly, and this extension of the temporary scheduling order continues to serve that purpose. For the same reasons that underlie subsection 811h, that is, the need to place these substances in schedule I because they pose an imminent hazard to public safety, it would be contrary to the public interest to delay implementation of this extension of the temporary scheduling order.
Therefore, in accordance with 5
U.S.C. 8082, this order extending the temporary scheduling order shall take effect immediately upon its publication.
DEA will submit a copy of this order to both Houses of Congress and to the Comptroller General, although such filing is not required under the CRA, 5
U.S.C. 801808, because, as noted above, this action is an order, not a rule.

Docket No. USCG20210153

Commander or designated representative.
DATES: The regulations in 33 CFR
165.801 Table 3 will be enforced from 8:30 p.m. through 10 p.m. on May 1, 2021, or in the event of postponement due to rain, on May 2, 2021.
FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Mr. Scott Whalen, U.S. Coast Guard; telephone 4097195086, email scott.k.whalen@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce safety zone regulations in 33 CFR 165.801 Table 3
for the Port Neches Riverfest fireworks display from 8:30 p.m. through 10 p.m.
on May 1, 2021, or in the event of rain, on May 2, 2021. This action is being taken to provide for the safety of life on navigable waterways before, during, and after a pyrotechnics display. Our annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones, 165.801, specifies the location of the safety zone for the Riverfest fireworks display which encompasses a 500-yard radius of the fireworks barge anchored on the Neches River in approximate position 295951 N 0935706 W NAD83.
During the enforcement period, as reflected in 165.801 Table 3, if you are the operator of a vessel in the regulated area you must comply with directions from the Patrol Commander or designated representative.
In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of the enforcement periods via Local Notice to Mariners, Marine Safety Information Bulletin and Vessel Traffic Service Advisory.

Annual Fireworks Displays and Other Events in the Eighth Coast Guard District Requiring Safety Zones
Dated: March 22, 2021.
Molly. A. Wike, Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Zone Port Arthur.

D. Christopher Evans, Acting Administrator.
FR Doc. 202106555 Filed 33021; 8:45 am BILLING CODE 441009P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165

AGENCY:

Coast Guard, DHS.
Notice of enforcement of regulation.

FR Doc. 202106453 Filed 33021; 8:45 am
ACTION:

BILLING CODE 911004P

The Coast Guard will enforce a safety zone for the Riverfest fireworks display on the Neches River in Port Neches, TX from 8:30 p.m. through 10
p.m. on May 1, 2021 to provide for the safety of life on navigable waterways during this event. Our regulation for fireworks displays and other events within the Eighth Coast Guard District identifies the regulated area for this event in Port Neches, TX. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol
POSTAL SERVICE

SUMMARY:

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39 CFR Part 111
Priority Mail Express Delivery Times Postal ServiceTM.
ACTION: Final rule.
AGENCY:

The Postal Service is amending Mailing Standards of the United States Postal Service, Domestic Mail Manual DMM in various sections to revise the Priority Mail Express delivery times and to SUMMARY:

E:FRFM31MRR1.SGM

31MRR1