[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Page 52287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25665]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Parts 1309, 1310, 1313

[DEA NUMBER 138P]
RIN 1117-AA32


Removal of Exemption for Certain Pseudoephedrine Products 
Marketed Under the Food, Drug, and Cosmetic Act (FD&C Act)

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Final rule; withdrawal.

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SUMMARY: DEA is withdrawing its rulemaking regarding Removal of 
Exemption for Certain Pseudoephedrine Products Marketed Under the Food, 
Drug, and Cosmetic Act (FD&C Act) which was published in the Federal 
Register on August 7, 1996 (61 FR 40981). The final rule has been 
superseded by the Comprehensive Methamphetamine Control Act of 1996, 
which declares the final rule null and void and of no effect.

FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and 
Chemical Evaluation Section, Office of Diversion Control, Drug 
Enforcement Administration, Washington, DC. 20537, Telephone (202) 307-
7183.

SUPPLEMENTARY INFORMATION: DEA published a notice of proposed 
rulemaking (NPRM) regarding Removal of Exemption for Certain 
Pseudoephedrine Products Marketed Under the Food, Drug, and Cosmetic 
Act (FD&C Act) in the Federal Register on October 31, 1995 (60 FR 
55348). The NPRM proposed certain amendments to Title 21, Code of 
Federal Regulations (CFR), Parts 1309, 1310, and 1313, and was open for 
public comment until January 2, 1996. Following the comment period, DEA 
published a final rulemaking on August 7, 1996 (61 FR 40981), which was 
to become effective on October 7, 1996. However, on September 29, 1996, 
Congress passed the Comprehensive Methamphetamine Control Act of 1996, 
which provides that ``The final rule concerning removal of exemption 
for certain pseudoephedrine products marketed under the Federal Food, 
Drug, and Cosmetic Act published in the Federal Register of August 7, 
1996 (61 FR 40981-40933) is null and void and of no force or effect.'' 
As a result, the amendments contained in the final rule are canceled 
and the regulatory text of 21 CFR Parts 1309, 1310, and 1313 remains 
unchanged.
    Accordingly, DEA's rulemaking entitled Removal of Exemption for 
Certain Pseudoephedrine Products Marketed Under the Food, Drug, and 
Cosmetic Act (FD&C Act), published in the Federal Register as a 
proposed rule on October 31, 1995 (60 FR 55348) and as a final rule on 
August 7, 1996 (61 FR 40981), is withdrawn.

    Dated: October 2, 1996.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 96-25665 Filed 10-4-96; 8:45 am]
BILLING CODE 4410-09-M