[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 The final rule has been superseded by the Comprehensive Methamphetamine Control Act of 1996, which declares the final rule null and void and of no effect.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