[Federal Register Volume 71, Number 198 (Friday, October 13, 2006)]
[Rules and Regulations]
[Pages 60426-60427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16992]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1300

[Docket No. DEA-288F]
RIN 1117-AB02


Technical Correction of Two Anabolic Steroid Names

AGENCY: Drug Enforcement Administration (DEA), U.S. Department of 
Justice.

ACTION: Final rule.

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[[Page 60427]]

SUMMARY: The purpose of this final rule is to correct the chemical 
names of two anabolic steroids in the Drug Enforcement Administration's 
(DEA) regulations. The Anabolic Steroid Control Act of 2004 included 
typographical errors in the chemical names of two anabolic steroids 
designated as Schedule III substances. Section 1180 of the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
corrects these typographical errors. This Final Rule amends DEA 
regulations to conform to the Act.

Effective Date: October 13, 2006.

FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, 
Drug and Chemical Evaluation Section, Office of Diversion Control, Drug 
Enforcement Administration, Washington, DC 20537 at (202) 307-7183.

SUPPLEMENTARY INFORMATION:

Background

    On October 22, 2004, the President signed into law the Anabolic 
Steroid Control Act of 2004 (Pub. L. 108-358), which became effective 
on January 20, 2005. Section 2(a) of the Anabolic Steroid Control Act 
of 2004 amended the Controlled Substances Act (CSA) by listing 59 
specific substances as being Schedule III anabolic steroids (21 U.S.C. 
Sec.  802(41)(A)). This list included two typographical errors in the 
chemical names of two anabolic steroids. Congress corrected this error 
under ``Section 1180 of the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Pub. L. 109-162). Section 1180 
amends the CSA (21 U.S.C. 802(41)(A)) by replacing the chemical names 
for the following anabolic steroids:13[beta]-ethyl-17[beta] -
hydroxygon-4-en-3-one and stanozolol (17[alpha]-methyl-17[beta]-
hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole). By this Final Rule, 
DEA is amending its regulations to conform to statute. Consequently, 
public comments are not being solicited since they could not alter this 
rule.

Regulatory Certifications

Administrative Procedure Act

    An agency may find good cause to exempt a rule from certain 
provisions of the Administrative Procedure Act (5 U.S.C. 553), 
including notice of proposed rulemaking and the opportunity for public 
comment, if it is determined to be unnecessary, impracticable, or 
contrary to the public interest. The Violence Against Women and 
Department of Justice Reauthorization Act (Pub. L. 109-162) made two 
technical corrections to the CSA to correct typographical errors that 
were made in previous legislation. This Final Rule merely makes 
conforming amendments to DEA regulations implementing the Act to 
correct these typographical errors. Therefore, DEA finds it unnecessary 
to publish this rule for public notice and comment.
    Further, the Administrative Procedure Act permits an agency to make 
this rule effective upon the date of publication if the agency finds 
good cause to do so (5 U.S.C. 553(d)(3)). As delaying the effective 
date of typographical corrections to the Code of Federal Regulations 
would serve no purpose and could, in fact, cause confusion were a 
person to misinterpret existing regulations, DEA finds good cause to 
make this rule effective upon publication.

Regulatory Flexibility Act

    The Deputy Administrator hereby certifies that this rulemaking has 
been drafted in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed this regulation, and, by approving it, 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities. This Final Rule 
merely corrects typographical errors in the chemical names of two 
anabolic steroids.

Executive Order 12866

    The Deputy Administrator hereby certifies that this rulemaking has 
been drafted in accordance with Executive Order 12866, Sec.  1(b). DEA 
has determined that this rule is not a significant regulatory action. 
Therefore, the Office of Management and Budget has not reviewed this 
action.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
Sec. Sec.  3(a) and 3(b)(2) of Executive Order 12988 Civil Justice 
Reform.

Executive Order 13132

    This rulemaking does not preempt or modify any provision of state 
law; nor does it impose enforcement responsibilities on any state; nor 
does it diminish the power of any state to enforce its own laws. 
Accordingly, this rulemaking does not have federalism implications 
warranting the application of Executive Order 13132.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$118,000,000 or more in any one year, and will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in cost or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

List of Subjects in 21 CFR Part 1300

    Chemicals, Drug traffic control.


0
For the reasons set out above, 21 CFR part 1300 is amended as follows:

PART 1300--DEFINITIONS

0
1. The authority citation for part 1300 continues to read as follows:

    Authority: 21 U.S.C. 802, 871(b), 951, 958(f).

0
2. Section 1300.01 is amended by revising paragraphs (b)(4)(xxiii) and 
(b)(4)(liv) to read as follows:


Sec.  1300.01  Definitions relating to controlled substances.

* * * * *
    (b) * * *
    (4) * * *
    (xxiii) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one
* * * * *
    (liv) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-
androst-2-eno[3,2-c]-pyrazole)
* * * * *

    Dated: September 29, 2006.
Michele M. Leonhart,
Deputy Administrator.
 [FR Doc. E6-16992 Filed 10-12-06; 8:45 am]
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