Schedules of Controlled Substances: Extension of Temporary Placement of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA and FUB-144 in Schedule I of the Controlled Substances Act, 16669-16670 [2021-06555]

Download as PDF Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Rules and Regulations * * * * effective date of that rule, if the effective date is earlier than April 16, 2022. FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Drug and Chemical Evaluation Section, Drug Enforcement Administration; Telephone: (571) 362– 3249. * D. Christopher Evans, Acting Administrator. [FR Doc. 2021–06596 Filed 3–30–21; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: Drug Enforcement Administration Background and Legal Authority 21 CFR Part 1308 [Docket No. DEA–491] Schedules of Controlled Substances: Extension of Temporary Placement of 5F–EDMB–PINACA, 5F–MDMB–PICA, FUB–AKB48, 5F–CUMYL–PINACA and FUB–144 in Schedule I of the Controlled Substances Act Drug Enforcement Administration, Department of Justice. ACTION: Temporary rule; temporary scheduling order; extension. AGENCY: The Acting Administrator of the Drug Enforcement Administration is issuing this order to extend the temporary schedule I status of ethyl 2(1-(5-fluoropentyl)-1H-indazole-3carboxamido)-3,3-dimethylbutanoate (trivial name: 5F–EDMB–PINACA); methyl 2-(1-(5-fluoropentyl)-1H-indole3-carboxamido)-3,3-dimethylbutanoate (trivial name: 5F–MDMB–PICA); N(adamantan-1-yl)-1-(4-fluorobenzyl)-1Hindazole-3-carboxamide (trivial names: FUB–AKB48; FUB–APINACA; AKB48 N-(4-fluorobenzyl)); 1-(5-fluoropentyl)N-(2-phenylpropan-2-yl)-1H-indazole-3carboxamide (trivial names: 5F– CUMYL–PINACA; SGT–25); and (1-(4fluorobenzyl)-1H-indol-3-yl)(2,2,3,3tetramethylcyclopropyl)methanone (trivial name: FUB–144), and their optical, positional, and geometric isomers, salts, and salts of isomers. The schedule I status of 5F–EDMB–PINACA, 5F–MDMB–PICA, FUB–AKB48, 5F– CUMYL–PINACA and FUB–144 currently is in effect until April 16, 2021. This temporary order will extend the temporary scheduling of 5F–EDMB– PINACA, 5F–MDMB–PICA, FUB– AKB48, 5F–CUMYL–PINACA and FUB– 144 for one year or until the permanent scheduling action for these substances is completed, whichever occurs first. DATES: This order, which extends the temporary scheduling order that DEA previously issued for these substances (84 FR 15505, April 16, 2019), is effective April 16, 2021, and expires on April 16, 2022. If DEA publishes a final rule making this scheduling action permanent, this order will expire on the jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:38 Mar 30, 2021 Jkt 253001 On April 16, 2019, the former Acting Administrator of the Drug Enforcement Administration (DEA) published a temporary scheduling order in the Federal Register (84 FR 15505) placing ethyl 2-(1-(5-fluoropentyl)-1H-indazole3-carboxamido)-3,3-dimethylbutanoate (trivial name: 5F–EDMB–PINACA); methyl 2-(1-(5-fluoropentyl)-1H-indole3-carboxamido)-3,3-dimethylbutanoate (trivial name: 5F–MDMB–PICA); N(adamantan-1-yl)-1-(4-fluorobenzyl)-1Hindazole-3-carboxamide (trivial names: FUB–AKB48; FUB–APINACA; AKB48 N-(4-fluorobenzyl)); 1-(5-fluoropentyl)N-(2-phenylpropan-2-yl)-1H-indazole-3carboxamide (trivial names: 5F– CUMYL–PINACA; SGT–25); and (1-(4fluorobenzyl)-1H-indol-3-yl)(2,2,3,3tetramethylcyclopropyl)methanone (trivial name: FUB–144) in schedule I of the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions of 21 U.S.C. 811(h). That order was effective on the date of publication, and was based on findings by the former Acting Administrator of DEA that the temporary scheduling of these substances was necessary to avoid an imminent hazard to the public safety pursuant to subsection (h)(1). Subsection (h)(2) requires that the temporary control of these substances expire two years from the effective date of the scheduling order, i.e., on April 16, 2021. However, this same subsection also provides that during the pendency of proceedings under 21 U.S.C. 811(a)(1) with respect to the substance, the temporary scheduling 1 of that substance may be extended for up to one year. Proceedings for the scheduling of a substance under 21 U.S.C. 811(a) may be initiated by the Attorney General (delegated to the Administrator of DEA pursuant to 28 CFR 0.100) on his own motion, at the request of the Secretary of Health and Human Services (HHS),2 1 Though DEA has used the term ‘‘final order’’ with respect to temporary scheduling orders in the past, this notice adheres to the statutory language of 21 U.S.C. 811(h), which refers to a ‘‘temporary scheduling order.’’ No substantive change is intended. 2 The Secretary of HHS has delegated to the Assistant Secretary for Health of HHS the authority to make domestic drug scheduling recommendations. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 16669 or on the petition of any interested party. The Acting Administrator of DEA, on his own motion, has initiated proceedings under 21 U.S.C. 811(a)(1) to permanently schedule 5F–EDMB– PINACA, 5F–MDMB–PICA, FUB– AKB48, 5F–CUMYL–PINACA and FUB– 144. DEA is simultaneously publishing a notice of proposed rulemaking for the placement of 5F–EDMB–PINACA, 5F– MDMB–PICA, FUB–AKB48, 5F– CUMYL–PINACA and FUB–144 in schedule I elsewhere in this issue of the Federal Register. If that proposed rule is finalized, DEA will publish a final rule in the Federal Register to make permanent the schedule I status of these substances. Pursuant to 21 U.S.C. 811(h)(2), the Acting Administrator orders that the temporary scheduling of 5F–EDMB– PINACA, 5F–MDMB–PICA, FUB– AKB48, 5F–CUMYL–PINACA and FUB– 144, and their optical, positional, and geometric isomers, salts, and salts of isomers, be extended for one year, or until the permanent scheduling proceeding is completed, whichever occurs first. Regulatory Matters The CSA provides for an expedited temporary scheduling action where the Attorney General, as delegated to the Administrator of DEA, may, by order, place a substance in schedule I if such action is necessary to avoid an imminent hazard to the public safety. 21 U.S.C. 811(h). That same subsection also provides that the temporary scheduling of a substance shall expire at the end of two years from the date of the issuance of such temporary scheduling order, except that the Attorney General may, during the pendency of proceedings under 21 U.S.C. 811(a)(1) to permanently schedule the substance, extend the temporary scheduling for up to one year. To the extent that subsection 811(h) directs that temporary scheduling actions be issued by order and sets forth the procedures by which such orders are to be issued and extended, DEA believes that the notice and comment requirements of section 553 of the Administrative Procedure Act, 5 U.S.C. 553, do not apply to this extension of the temporary scheduling action. The specific language chosen by Congress indicates an intention for DEA to proceed through the issuance of an order instead of proceeding by rulemaking. Given that Congress specifically requires the Attorney General to follow rulemaking procedures for other kinds of scheduling actions, see 21 U.S.C. 811(a), it is E:\FR\FM\31MRR1.SGM 31MRR1 jbell on DSKJLSW7X2PROD with RULES 16670 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Rules and Regulations noteworthy that, in subsection 811(h), 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. 601(2), 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. 603(a) 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 3(f), 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, 804(3). It is in the public interest to maintain the temporary placement of 5F–EDMB–PINACA, 5F– MDMB–PICA, FUB–AKB48, 5F– CUMYL–PINACA and FUB–144 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. 811(h), which is specifically VerDate Sep<11>2014 15:38 Mar 30, 2021 Jkt 253001 designed to enable DEA to act in an expeditious manner to avoid an imminent hazard to the public safety. Under subsection 811(h), 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 811(h), 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. 808(2), 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. 801–808, because, as noted above, this action is an order, not a rule. [Docket No. USCG–2021–0153] 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 409–719–5086, 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 29°59′51″ N 093°57′06″ 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. 2021–06555 Filed 3–30–21; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 AGENCY: Coast Guard, DHS. Notice of enforcement of regulation. [FR Doc. 2021–06453 Filed 3–30–21; 8:45 am] ACTION: BILLING CODE 9110–04–P 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: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Rules and Regulations]
[Pages 16669-16670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06555]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-491]


Schedules of Controlled Substances: Extension of Temporary 
Placement of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA 
and FUB-144 in Schedule I of the Controlled Substances Act

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Temporary rule; temporary scheduling order; extension.

-----------------------------------------------------------------------

SUMMARY: The Acting Administrator of the Drug Enforcement 
Administration is issuing this order to extend the temporary schedule I 
status of ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-
dimethylbutanoate (trivial name: 5F-EDMB-PINACA); methyl 2-(1-(5-
fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (trivial 
name: 5F-MDMB-PICA); N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-
3-carboxamide (trivial names: FUB-AKB48; FUB-APINACA; AKB48 N-(4-
fluorobenzyl)); 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-
3-carboxamide (trivial names: 5F-CUMYL-PINACA; SGT-25); and (1-(4-
fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
(trivial name: FUB-144), and their optical, positional, and geometric 
isomers, salts, and salts of isomers. The schedule I status of 5F-EDMB-
PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA and FUB-144 currently 
is in effect until April 16, 2021. This temporary order will extend the 
temporary scheduling of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-
CUMYL-PINACA and FUB-144 for one year or until the permanent scheduling 
action for these substances is completed, whichever occurs first.

DATES: This order, which extends the temporary scheduling order that 
DEA previously issued for these substances (84 FR 15505, April 16, 
2019), is effective April 16, 2021, and expires on April 16, 2022. If 
DEA publishes a final rule making this scheduling action permanent, 
this order will expire on the effective date of that rule, if the 
effective date is earlier than April 16, 2022.

FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Drug and Chemical 
Evaluation Section, Drug Enforcement Administration; Telephone: (571) 
362-3249.

SUPPLEMENTARY INFORMATION:

Background and Legal Authority

    On April 16, 2019, the former Acting Administrator of the Drug 
Enforcement Administration (DEA) published a temporary scheduling order 
in the Federal Register (84 FR 15505) placing ethyl 2-(1-(5-
fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (trivial 
name: 5F-EDMB-PINACA); methyl 2-(1-(5-fluoropentyl)-1H-indole-3-
carboxamido)-3,3-dimethylbutanoate (trivial name: 5F-MDMB-PICA); N-
(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (trivial 
names: FUB-AKB48; FUB-APINACA; AKB48 N-(4-fluorobenzyl)); 1-(5-
fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide 
(trivial names: 5F-CUMYL-PINACA; SGT-25); and (1-(4-fluorobenzyl)-1H-
indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (trivial name: 
FUB-144) in schedule I of the Controlled Substances Act (CSA) pursuant 
to the temporary scheduling provisions of 21 U.S.C. 811(h). That order 
was effective on the date of publication, and was based on findings by 
the former Acting Administrator of DEA that the temporary scheduling of 
these substances was necessary to avoid an imminent hazard to the 
public safety pursuant to subsection (h)(1). Subsection (h)(2) requires 
that the temporary control of these substances expire two years from 
the effective date of the scheduling order, i.e., on April 16, 2021. 
However, this same subsection also provides that during the pendency of 
proceedings under 21 U.S.C. 811(a)(1) with respect to the substance, 
the temporary scheduling \1\ of that substance may be extended for up 
to one year. Proceedings for the scheduling of a substance under 21 
U.S.C. 811(a) may be initiated by the Attorney General (delegated to 
the Administrator of DEA pursuant to 28 CFR 0.100) on his own motion, 
at the request of the Secretary of Health and Human Services (HHS),\2\ 
or on the petition of any interested party.
---------------------------------------------------------------------------

    \1\ Though DEA has used the term ``final order'' with respect to 
temporary scheduling orders in the past, this notice adheres to the 
statutory language of 21 U.S.C. 811(h), which refers to a 
``temporary scheduling order.'' No substantive change is intended.
    \2\ The Secretary of HHS has delegated to the Assistant 
Secretary for Health of HHS the authority to make domestic drug 
scheduling recommendations.
---------------------------------------------------------------------------

    The Acting Administrator of DEA, on his own motion, has initiated 
proceedings under 21 U.S.C. 811(a)(1) to permanently schedule 5F-EDMB-
PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA and FUB-144. DEA is 
simultaneously publishing a notice of proposed rulemaking for the 
placement of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA 
and FUB-144 in schedule I elsewhere in this issue of the Federal 
Register. If that proposed rule is finalized, DEA will publish a final 
rule in the Federal Register to make permanent the schedule I status of 
these substances.
    Pursuant to 21 U.S.C. 811(h)(2), the Acting Administrator orders 
that the temporary scheduling of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-
AKB48, 5F-CUMYL-PINACA and FUB-144, and their optical, positional, and 
geometric isomers, salts, and salts of isomers, be extended for one 
year, or until the permanent scheduling proceeding is completed, 
whichever occurs first.

Regulatory Matters

    The CSA provides for an expedited temporary scheduling action where 
the Attorney General, as delegated to the Administrator of DEA, may, by 
order, place a substance in schedule I if such action is necessary to 
avoid an imminent hazard to the public safety. 21 U.S.C. 811(h). That 
same subsection also provides that the temporary scheduling of a 
substance shall expire at the end of two years from the date of the 
issuance of such temporary scheduling order, except that the Attorney 
General may, during the pendency of proceedings under 21 U.S.C. 
811(a)(1) to permanently schedule the substance, extend the temporary 
scheduling for up to one year.
    To the extent that subsection 811(h) directs that temporary 
scheduling actions be issued by order and sets forth the procedures by 
which such orders are to be issued and extended, DEA believes that the 
notice and comment requirements of section 553 of the Administrative 
Procedure Act, 5 U.S.C. 553, do not apply to this extension of the 
temporary scheduling action. The specific language chosen by Congress 
indicates an intention for DEA to proceed through the issuance of an 
order instead of proceeding by rulemaking. Given that Congress 
specifically requires the Attorney General to follow rulemaking 
procedures for other kinds of scheduling actions, see 21 U.S.C. 811(a), 
it is

[[Page 16670]]

noteworthy that, in subsection 811(h), 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. 601(2), 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. 603(a) 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 3(f), 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, 804(3). It is in the public interest to 
maintain the temporary placement of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-
AKB48, 5F-CUMYL-PINACA and FUB-144 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. 811(h), which is 
specifically designed to enable DEA to act in an expeditious manner to 
avoid an imminent hazard to the public safety. Under subsection 811(h), 
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 811(h), 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. 808(2), 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. 801-808, because, as noted above, this 
action is an order, not a rule.

D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021-06555 Filed 3-30-21; 8:45 am]
BILLING CODE 4410-09-P

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