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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations
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this interpretive rule, notwithstanding that after such act or omission has occurred, the interpretive rule is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.18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 rules 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. 8042.
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. 202117050 Filed 81121; 8:45 am
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18 15 U.S.C. 1640f; see also 12 U.S.C. 2617b, 12 CFR 1024.4 similar protection conferred by the Real Estate Settlement Procedures Act from certain liability.
19 5 U.S.C. 553b.
20 5 U.S.C. 603a, 604a.
21 44 U.S.C. 3501 et seq.
22 5 U.S.C. 801 et seq.

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DEPARTMENT OF JUSTICE
Drug Enforcement Administration 21 CFR Part 1308
Docket No. DEA498

Schedules of Controlled Substances:
Placement of 4,4-DMAR in Schedule I
Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
AGENCY:

With the issuance of this final rule, the Drug Enforcement Administration places 4,4dimethylaminorex common name: 4,4DMAR 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 4,4DMAR.

SUMMARY:

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. 811d24.
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 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, FDA acts as the lead agency within HHS in carrying out the Secretarys scheduling responsibilities under the CSA, with the concurrence of NIDA. 50 FR 9518 March 8, 1985.

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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. 811d3. 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. 811d4, the procedures for permanent scheduling are set forth in 21 U.S.C.
811a and b. Pursuant to 21 U.S.C.
811a1, 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. 812b 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: 4,5dihydro-4-methyl-5-4-methylphenyl-2oxazolamine; 4-methyl-5-4methylphenyl-4,5-dihydro-1,3-oxazol2-amine is a synthetic stimulant drug structurally related to 4-methylaminorex 4MAR, 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.
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.

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