Code of Federal Regulations

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 21 CFR Part 1308 [DEA No. 161F]

Schedules of Controlled Substances: Excluded Veterinary Anabolic Steroid Implant Products AGENCY: Drug Enforcement Administration, Department of Justice ACTION: Final rule. SUMMARY: The interim rule (62 FR 29289, May 30, 1997) which identified eight veterinary anabolic steroid implant products as being exempt from the Controlled Substances Act (CSA) (21 U.S.C. 801 et seq.) is adopted without change. DATES: Effective Date: October 3, 1997. FOR FURTHER INFORMATION CONTACT: Frank L. Sapienza, Chief, Drug and Chemical Evaluation Section, 202-307-7183 SUPPLEMENTARY INFORMATION: The Acting Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), published in the Federal Register, an interim rule which identified eight products as being excluded veterinary anabolic steroid implant products (62 FR 29289, May 30, 1997). Comments were requested, none were received. Therefore, pursuant to the authority delegated to the Administrator of the DEA pursuant to 21 U.S.C. 871(a) and 28 CFR 0.100 and redelegated to the Deputy Assistant Administrator of the Drug Enforcement Administration Office of Diversion Control, pursuant to 28 CFR 0.104, appendix to subpart R, section 7(g)9, the Deputy Assistant Administrator of the Office of Diversion Control, hereby adopts as a final rule, without change, the interim rule amending 21 CFR 1308.26 which was published at 62 FR 29289 on May 30, 1997. The veterinary anabolic steroid implant products which are described in 21 CFR 1308.26 are excluded from application of the CSA in relation to their production, distribution, and use in animals only. If any person distributes, dispenses or otherwise diverts these products to use in humans, he/she shall be deemed to have distributed a Schedule III controlled substance and may be prosecuted for CSA violations. The veterinary anabolic steroid implants products which are excluded from application of the CSA are as follows:

EXCLUDED VETERINARY ANABOLIC STEROID IMPLANT PRODUCTS

In accordance with the provisions of 21 U.S.C. 811(a) of the CSA, this action is a formal rulemaking "on the record after opportunity for a hearing." Such proceedings are conducted pursuant to the provisions of 5 U.S.C. 556 and 557 and, as such, are exempt from review by the Office of Management and Budget pursuant to Executive Order (E.O.) 12866, section 3(d)(1).

The Deputy Assistant Administrator, Office of Diversion Control, in accordance with the Regulatory Flexibility Act [5 U.S.C. 605(b)], has reviewed this rule and by approving it certifies that it will not have a significant economic impact on a substantial number of small-business entities. The inclusion of a product in 21 CFR 1308.26 relieves persons who handle the product in the course of legitimate business from the requirements imposed by the CSA.

This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under provisions of the Unfunded Mandates Reform Act of 1995.

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 costs or prices; or have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based companies to compete with foreign-based companies in domestic and export markets.

This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with E.O. 12612, it is determined that this rule will not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Dated: September 8, 1997

John H. King,

Deputy Assistant Administrator,  Office of Diversion Control,  Drug Enforcement Administration

NOTICE: This is an unofficial version. An official version of this publication may be obtained directly from the Government Printing Office (GPO).