[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15391-15392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8334]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Parts 1300, 1309 and 1310

[DEA No. 132C]
RIN 1117-AA33


Consolidation, Elimination, and Clarification of Various 
Regulations; Correction

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Correction to final regulations.

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SUMMARY: This document contains corrections to the final regulations 
(DEA 132) which were published on Monday, March 24, 1997 (62 FR 13938). 
The regulations related to the consolidation, elimination, and 
clarification of DEA's regulations as part of the President's National 
Performance Review, Regulatory Reinvention Initiative.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT: G. Thomas Gitchel, Chief, Liaison and 
Policy Section, Office of Diversion Control, Drug Enforcement 
Administration, Washington, D.C. 20537, Telephone (202) 307-7297.

SUPPLEMENTARY INFORMATION: The final regulations that are the subject 
of these corrections revise Title 21, Code of Federal Regulations 
(CFR), Chapter II in accordance with the President's Regulatory 
Reinvention Initiative. As published, the final regulations contain 
errors that could cause confusion in the regulated industry. 
Specifically, the final regulations did not take into account the 
amendment of certain definitions and the amendment of 21 CFR 1310.09 
that were included in an Interim Rule published by DEA on February 10, 
1997 (62 FR 5914), which

[[Page 15392]]

became effective upon publication in the Federal Register.
    Accordingly, the publication on March 24, 1997, of the final 
regulations to consolidate, eliminate, and clarify various regulations, 
which were the subject of Federal Register Document 95-7036, is 
corrected as follows:

PART 1300--[CORRECTED]


Sec. 1300.02  [Amended]

    1. On page 13945, in the first column, in Sec. 1300.02 remove 
paragraphs (b)(28)(i)(D)(1) through (D) (2)(ii) and add the following 
text:
* * * * *
    (b) * * *
    (28) * * *
    (i) * * *
    (D) * * *
    (1)(i) the drug contains ephedrine or its salts, optical isomers, 
or salts of optical isomers; or
    (ii) The Administrator has determined pursuant to the criteria in 
1310.10 that the drug or group of drugs is being diverted to obtain the 
listed chemical for use in the illicit production of a controlled 
substance; and
    (2) The quantity of ephedrine or other listed chemical contained in 
the drug included in the transaction or multiple transactions equals or 
exceeds the threshold established for that chemical.
* * * * *
    2. On page 13945, in the second column, in Sec. 1300.02(b)(29), 
remove the introductory text and add the following text:
* * * * *
    (b) * * *
    (29) The term retail distributor means a grocery store, general 
merchandise store, drug store, or other entity or person whose 
activities as a distributor relating to drug products containing 
pseudoephedrine, phenylpropanolamine, or ephedrine are limited almost 
exclusively to sales for personal use, both in number of sales and 
volume of sales, either directly to walk-in customers or in face-to-
face transactions by direct sales. For the purposes of this paragraph, 
sale for personal use means the distribution of below-threshold 
quantities in a single transaction to an individual for legitimate 
medical use. Also for the purposes of this paragraph, a grocery store 
is an entity within Standard Industrial Classification (SIC) code 5411, 
a general merchandise store is an entity within SIC codes 5300 through 
5399 and 5499, and a drug store is an entity within SIC code 5912.
* * * * *

PART 1309--[CORRECTED]

    1. On page 13968, in the second column, in amendment number 4, 
remove ``(a) Section 1309.02(g)'' and redesignate (b) through (d) as 
(a) through (c).

PART 1310--[CORRECTED]

    1. On page 13968, in the third column, amendment number 5 should be 
removed and amendment 6 redesignated as amendment 5.

    Dated: March 27, 1997.
James Milford,
Acting Deputy Administrator, Drug Enforcement Administration.
[FR Doc. 97-8334 Filed 3-31-97; 8:45 am]
BILLING CODE 4410-09-P-M