CAS-RM-79-102 COMMENT 13

Rules and Regulations 

This secIion of the FEDERAL REGISTER 

contains reguIataIy c:tocumenIs having 

general applicability and legal effect, most 

of which are keyed to and codified in 

the Code of Federal Regulations, which is 

published under 50 titleS pur..m to 44 

U.s.c. 1510. . The Code of Federal Regulations IS sold 

by the Superintendent of Documents. 

Prices of new books are listed in the 

first FEDERAL REGISTER issue of each 

week. 

DEPARTMENT OF ENERGY 

Office of Conservation and 

Renewable Energy 

10 CFR Part 430 

[Docket No. CAS-RM-79-102) 

Energy Conservation Program for 

Consumer Products; Anal Rulemaklng 

Regarding Test Procedures for Central 

Air Conditioners, Including Heat 

Pumps; Correction 

AGENCY: Office of Conservation and 

Renewable Energy, DOE. 

ACTION: Fianal rule; correction. 

SUMMARY: On March 14. 1988 (53 FR 

8304), DOE published a final rule 

amending test procedures for central air 

conditioners. including heat pumps. This 

document corrects an editorial error in 

that notice. The correction is set out 

below. 

EFFECTIVE DATE: September 12.1988. 

Issued in Washington. DC. March 29. 1988. 

Donna R. Fitzpatrick. 

Assistant SecretalJ', COl/servation and 

Renewable Energj'. 

PART 43D-[CORRECTED] 

1. In § 430.2 the definition of "Central 

air conditioners." is correctly revised as 

follows. 

§ 430.2 Definitions 

"Central air conditioner" means a 

product, other than a packaged terminal 

air conditioner, which is powered by 

single phase electric current, air cooled, 

rated below 65.000 Btu per hour. not 

contained within the same cabinet as a 

furnace. the rated capacity of which is 

above zzs.ooo Btu per hour. and is • heat 

pump or a cooIina unit only. 

• • • • • 

(FR Doc. 88-7242 Filed 4-1-88; 8:45 am) 

8ILLING CODE·I4IO-O'-M 

DEPARTMENT OF JUSnCE 

Drug Enforcement Admlnistnltlon 

21 CFR Part 1308 

Schedules of Controned SUbstances; 

Placement of Propylhexedrlne and 

Pyroyalerone Into Schedule V 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Final rule. 

SUMMARY: This final rule is issued by 

the Adrninistrator of the Drug 

Enforcement Administration (DEA) in 

order to place propylhexedrine and 

pyrovalerone into Schedule V of the 

Control!p.d Substances Act (CSA). This 

action is being taken to enable the 

United States to meet its obligations 

under the 1971 Psychotropic Convention. 

As a result of this rule. some of the 

regulatory controls and the criminal 

sanctions of a Schedule V substance 

under the CSA will be applicable to the 

manufacture. distribution and 

possession of propylhexedrine and 

pyrovCllerone. 

EFFECTIVE DATE: The effective date for 

the requirements imposed by this Order 

is May 4. 1988. unless otherwise set 

forth below in the supplementary 

information section. 

FOR FURTHER INFORMATION CONTACT: 

Howard McClain, Jr., Chief, Drug 

Control Section. Drug Enforcement 

Administration, Washington. DC 20537, 

Telephone: (202) 633-1366. 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking regarding 

placement of propylhexedrine and 

pyrovalerone into Schedule V of the 

CSA was published in the Federal 

Register on October 30. 1987 (52 FR 

41737). The Administrator found that the 

temporary placement of 

propylhexedrine and pyrovalerone into 

Schedule V is necessary in order to 

satisfy United States obligations under 

the 1971 Convention on Psychotropic 

Substances. 

In response to the Notice of Proposed 

Rulemaking, a comment was received 

F ............. 

Vol. S3. No. M 

Monday. April 4. 1988 

10869 

from SmithKline Consumer Products. the 

manufacturer of a preparation that 

contains propylhexedrine. In that 

comment, SmithKline asserted that U.S. 

treaty obligations would be satisfied by 

provisions of the Federal Food. Drug and 

Cosmetic Act, and therefore. that 

placement of propylbexedrine into 

Schedule V was unnecessary. The 

provisions of the Psychotropic 

Substances Act of 1978. Pub. L. 95-633. 

clearly indicate that Congress intended 

that 

control of psychotropic substances in the 

United States should be accomplished within 

the framework of the procedures and criteria 

for classification of substances provided in 

the Comprehensive Drug Abuse Prevention 

and Control Act of 1970.21 U.S.C. 801(a)(3). 

The provision of the Psychotropic 

Substances Act, as codified into the 

CSA. which applies with regard to 

propylhexedrine and pyrovalerone is 

found at 21 U.S.C. 811(d)(4)(B). It clearly 

states that in a case such as the one at 

issue, a substance shall be placed in 

Schedule IV or V of the CSA in order to 

carry out the minimum United States 

obligations under the treaty. This 

paragraph further specifies that the 

Attorney General shall except the drug 

from application of any provision of the 

CSA which he finds is not necessary to 

carry out treaty obligations. Consistent 

with this requirement. the Administrator 

will except propylhexedrine and 

pyrovalerone from certain 

recordkeeping and security 

requirements of the CSA. The 

requirements necessary for compliance 

with the treaty include: licensing or 

registration of manufacturers, import 

and export restrictions. and penal 

measures for illegal activity. These 

requirements cannot be imposed under 

the Federal Food, Drug and Cosmetic 

Act. 

It should be noted that the United 

States has formally requested that the 

Secretary-General of the United Nations 

exempt the propylhexedrine-containing 

preparations presently approved by the 

Food and Drug Administration, 

including the SmithKline product, from 

specified measures of international 

control. In conjunction with this request, 

DEA will accept applications from 

manufacturers of products containing 

propylhexedrine for exclusion of their 

products pursuant to 21 U.S.C. 811(g](1) 

and 21 CFR 1308.22. Such exclusions