Removal of Thresholds for the List I Chemicals
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38915 Rules and Regulations Federal Register Vol. 75, No. 129 Wednesday, July 7, 2010 This section of the FEDERAL REGISTER the Controlled Substances Import and these provisions (21 U.S.C. 830(d), (e); contains regulatory documents having general Export Act (CSIEA) (21 U.S.C. 801–971), 21 CFR part 1314). applicability and legal effect, most of which as amended. DEA publishes the The CMEA also subjects material are keyed to and codified in the Code of implementing regulations for these containing ephedrine, pseudoephedrine, Federal Regulations, which is published under and phenylpropanolamine to 50 titles pursuant to 44 U.S.C. 1510. statutes in Title 21 of the Code of Federal Regulations (CFR), parts 1300 to manufacturing and import restrictions. The Code of Federal Regulations is sold by end. These regulations are designed to Specifically, CMEA amended section the Superintendent of Documents. Prices of ensure that there is a sufficient supply 1002 of the CSA (21 U.S.C. 952(a)(1)) by new books are listed in the first FEDERAL of controlled substances for legitimate adding the List I chemicals ephedrine, REGISTER issue of each week. medical, scientific, research, and pseudoephedrine, and industrial purposes and deter the phenylpropanolamine to those narcotic diversion of controlled substances to raw materials whose importation into DEPARTMENT OF JUSTICE illegal purposes. The CSA mandates that the United States is prohibited except for such amounts as the Attorney Drug Enforcement Administration DEA establish a closed system of control for manufacturing, distributing, and General finds to be necessary to provide for medical, scientific, or other 21 CFR Part 1310 dispensing controlled substances. Any person who manufactures, distributes, legitimate purposes. CMEA also [Docket No. DEA–296F] dispenses, imports, exports, or conducts amended section 306 of the Act (21 U.S.C. 826) to establish the total annual RIN 1117–AB10 research or chemical analysis with controlled substances must register with needs of ephedrine, pseudoephedrine, Removal of Thresholds for the List I DEA (unless exempt) and comply with and phenylpropanolamine to provide Chemicals Pseudoephedrine and the applicable requirements for the for the estimated medical, scientific, Phenylpropanolamine activity. The CSA, as amended, also research, and industrial needs of the requires DEA to regulate the United States, for lawful export AGENCY: Drug Enforcement manufacture, distribution, retail sale, requirements, and for the establishment Administration, Department of Justice. import, and export of chemicals that and maintenance of reserve stocks. ACTION: Final rule. may be used to manufacture controlled Individual manufacturing and substances illegally. Listed chemicals procurement quotas for ephedrine, SUMMARY: The Drug Enforcement pseudoephedrine, and Administration (DEA) is removing the that are classified as List I chemicals are important to the manufacture of phenylpropanolamine were also thresholds for importation, exportation, required to be established for persons and domestic distributions of the List I controlled substances. Those classified as List II chemicals may be used to conducting manufacturing activities chemicals pseudoephedrine and with those chemicals. In a separate manufacture controlled substances. phenylpropanolamine. This rulemaking rulemaking, ‘‘Import and Production is being conducted as part of DEA’s Combat Methamphetamine Epidemic Quotas for Certain List I Chemicals’’ implementation of the Combat Act of 2005 [Docket No. DEA–293, RIN 1117–AB08] Methamphetamine Epidemic Act of (72 FR 37439, July 10, 2007; Final Rule 2005 and is needed to implement the On March 9, 2006, the President 73 FR 73549, December 3, 2008), DEA Act’s requirements for import and signed the Combat Methamphetamine promulgated regulations to implement production quotas and to address the Epidemic Act of 2005 (CMEA), which is these provisions (21 CFR part 1315). potential diversion of these chemicals. Title VII of the USA PATRIOT Further, the CMEA requires that DEA is also clarifying that all Improvement and Reauthorization Act importers, exporters, and persons transactions of drug products containing of 2005 (Pub. L. 109–177). Among other involved in international transactions of ephedrine, pseudoephedrine, and actions, CMEA imposed new all listed chemicals, including phenylpropanolamine, except retail requirements regarding the retail sale of ephedrine, pseudoephedrine, and transactions, are considered to be scheduled listed chemical products phenylpropanolamine, provide DEA regulated transactions. (drugs containing ephedrine, with information regarding the DATES: Effective Date: This rule is pseudoephedrine, or transferee (i.e., the downstream effective August 6, 2010. phenylpropanolamine, that may be customer), of the chemical, as well as FOR FURTHER INFORMATION CONTACT: marketed or distributed lawfully in the information regarding the quantity of Mark W. Caverly, Chief, Liaison and United States under the Federal Food, the chemical to be transferred. Policy Section, Office of Diversion Drug and Cosmetic Act as Importers, exporters, and persons Control, Drug Enforcement nonprescription products) (21 U.S.C. involved in international transactions Administration, 8701 Morrissette Drive, 802(45)(A)). In a separate rulemaking, are further required to provide DEA Springfield, VA 22152, (202) 307–7297. ‘‘Retail Sales of Scheduled Listed with a return declaration regarding each SUPPLEMENTARY INFORMATION: Chemical Products; Self-Certification of import, export, or international Regulated Sellers of Scheduled Listed transaction after the transaction is DEA’s Legal Authority Chemical Products’’ [Docket No. DEA– completed (CMEA § 716, 21 U.S.C. DEA implements the Comprehensive 291, RIN 1117–AB05] (71 FR 56008, 971(d) and (g), as amended). In a Drug Abuse Prevention and Control Act September 26, 2006; corrected at 71 FR separate rulemaking, ‘‘Implementation of 1970, often referred to as the 60609, October 13, 2006), DEA of the Combat Methamphetamine Controlled Substances Act (CSA) and promulgated regulations implementing Epidemic Act of 2005; Notice of VerDate Mar<15>2010 15:15 Jul 06, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1 cprice-sewell on DSK8KYBLC1PROD with RULES 38916 Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Rules and Regulations Transfers Following Importation or ephedrine in combination with other are set in the CMEA and were addressed Exportation’’ [Docket No. DEA–292, RIN active ingredients such as potassium in DEA’s Interim Rule regarding the 1117–AB06] (72 FR 17401, April 9, iodide (an expectorant) and/or retail provisions of the CMEA (71 FR 2007; Temporary Stay of Certain theophylline (a bronchospamolytic). 56008, September 26, 2006; corrected at Provisions 72 FR 28601, May 22, 2007), Pseudoephedrine is lawfully 71 FR 60609, October 13, 2006). Second, DEA promulgated regulations marketed under the Federal Food, Drug, DEA proposed to clarify that all implementing these provisions (21 CFR and Cosmetic Act for over-the-counter distribution, importation, and 1313.16, 1313.17, 1313.26, 1313.27, use as a decongestant. exportation transactions involving drug 1313.32, 1313.35). Phenylpropanolamine has historically products containing ephedrine, Finally, the CMEA requires that the been marketed in the United States for pseudoephedrine, or notice of importation (DEA Form 486) OTC use as a decongestant and diet aid phenylpropanolamine are regulated for ephedrine, pseudoephedrine, and and there have been many legend transactions. phenylpropanolamine ‘‘shall include all (prescription) drug products that The comment period for the NPRM information known to the importer on contain pseudoephedrine or closed on January 22, 2008. DEA the chain of distribution of such phenylpropanolamine. In the vast received one comment on the NPRM. chemical from the manufacturer to the majority of these preparations, Thresholds importer.’’ (CMEA § 721, 21 U.S.C. pseudoephedrine or 971(h) as amended). In a separate phenylpropanolamine were in Under the existing regulations (21 rulemaking, ‘‘Information on Foreign combination with other active CFR 1310.04), the threshold for non- Chain of Distribution for Ephedrine, ingredients, such as antihistamines, retail distribution, import, export, and Pseudoephedrine, and expectorants, and/or antitussives. international transactions of Phenylpropanolamine’’ [Docket No. In November 2000, the U.S. Food and pseudoephedrine is 1 kilogram and for DEA–295, RIN 1117–AB07] (73 FR Drug Administration (FDA) issued a phenylpropanolamine, 2.5 kilograms. A 16793, March 31, 2008), DEA proposed public health advisory concerning single transaction or multiple regulations to implement this provision. phenylpropanolamine and requested transactions in a month with a single The List I chemicals ephedrine, that all drug companies discontinue customer that equal or exceed the pseudoephedrine, and marketing products containing threshold are considered regulated phenylpropanolamine as single entity or phenylpropanolamine due to risk of transactions and trigger the reporting combination products all serve as hemorrhagic stroke. In response, many and recordkeeping requirements of 21 precursor chemicals for the illicit companies have voluntarily CFR part 1310. If DEA has not manufacture of controlled substances. reformulated their products to exclude established a monthly threshold for a Ephedrine and pseudoephedrine are the