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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations Regulatory Analyses Executive Orders 12866 Regulatory Planning and Review and 13563
Improving Regulation and Regulatory Review 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 OMB.
Executive Order 12988, Civil Justice Reform This action meets the applicable standards set forth in sections 3a and 3b2 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 action does not have federalism implications warranting the application of E.O. 13132. This action does 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.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications warranting the application of E.O. 13175. The action 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.

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Administrative Procedure Act The CSA provides for an expedited scheduling action where control is required by the United States obligations under international treaties, conventions, or protocols. 21 U.S.C.
811d1. If control is required pursuant to such international treaty, convention, or protocol, the Attorney General, as delegated to the Administrator, must issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations, without regard to the findings or procedures otherwise required for scheduling actions. Id.
In accordance with 21 U.S.C.
811d1, scheduling actions for drugs
VerDate Sep<11>2014

16:17 Nov 03, 2021

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that are required to be controlled by the United States obligations under international treaties, conventions, or protocols in effect on October 27, 1970, shall be issued by order as compared to scheduling by rule pursuant to 21 U.S.C.
811a. Therefore, DEA believes that the notice and comment requirements of section 553 of the Administrative Procedure Act APA, 5 U.S.C. 553, do not apply to this scheduling action. In the alternative, even if this action does constitute rule making under 5 U.S.C.
5515, this action is exempt from the notice and comment requirements of 5
U.S.C. 553 pursuant to 5 U.S.C.
553a1 as an action involving a foreign affairs function of the United States because it is being done pursuant to 21 U.S.C. 811d1, which requires that the United States comply with its obligations under the specified international agreements.
Regulatory Flexibility Act The Regulatory Flexibility Act RFA
5 U.S.C. 601612 applies to rules that are subject to notice and comment under section 553b of the APA or any other law. As explained above, the CSA
exempts this final order from notice and comment. Consequently, the RFA does not apply to this action.
Paperwork Reduction Act of 1995
This action does not impose a new collection of information requirement under the Paperwork Reduction Act of 1995. 44 U.S.C. 35013521. 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.
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 order is not a major rule as defined by the Congressional Review Act CRA, 5 U.S.C. 804. However, DEA
is submitting the required reports to the Government Accountability Office, the House, and the Senate under the CRA.

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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, DEA
amends 21 CFR part 1308 as follows:
PART 1308SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:

Authority: 21 U.S.C. 811, 812, 871b, 956b, unless otherwise noted.

2. In 1308.11:
a. Redesignate paragraphs b46
through 90 as paragraphs b47
through 91;
b. Add new paragraph b46; and c. Remove and reserve paragraph h48.
The addition reads as follows:

1308.11

Schedule I.

b

46 Isotonitazene N,N-diethyl-2-2-4isopropoxybenzyl-5-nitro-1Hbenzimidazol-1-ylethan-1-amine

9614

Anne Milgram, Administrator.
FR Doc. 202123848 Filed 11321; 8:45 am BILLING CODE 441009P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210582
RIN 1625AA08

Special Local Regulation; Atlantic Ocean, Key West, FL
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary special local regulation for power boat races. This action is necessary to ensure safety of life on navigable waters on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance in Key West, FL. This regulation prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within the regulated area without permission from the Captain of the Port Key West or a designated representative.

SUMMARY:

E:FRFM04NOR1.SGM

04NOR1