# 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 ofConservation 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 errorin that notice. The correction is set out below.

EFFECTIVE DATE: September 12.1988.

Issued in Washington. DC. March 29. 1988.
Donna R. Fitzpatrick. AssistantSecretalJ', COl/servation and RenewableEnergj'.

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 perhour. not contained within the same cabinet as a furnace. the rated capacity of which is above

## zzs.ooo Btuperhour. andis • heat pump or

### a 

## cooIina unitonly. 

### • 

## • • • 

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

8ILLING CODE·I4IO-O'-M

DEPARTMENT OFJUSnCE
Drug 

### Enforcement Admlnistnltlon

21 CFR Part 1308


### Schedules ofControned SUbstances; Placement of Propylhexedrlne and 

### Pyroyalerone IntoScheduleV

AGENCY: Drug Enforcement Administration, Justice.
ACTION: Final rule.

SUMMARY:This final rule is issued by the Adrninistrator ofthe Drug Enforcement Administration (DEA) in orderto place propylhexedrine and pyrovalerone into Schedule V ofthe 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 ofthis rule. some ofthe regulatory controls and the criminal sanctions ofa Schedule V substance under the CSA will 

### be applicable to the manufacture. distribution and possession ofpropylhexedrine 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 ofproposed rulemaking regarding placement ofpropylhexedrine and pyrovalerone into Schedule V ofthe 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 ofProposed Rulemaking, a comment was received F

............. Vol. S3. No. M
Monday. April 4. 1988 

### 10869

from SmithKlineConsumerProducts. the manufacturerofa preparationthat containspropylhexedrine. Inthat comment, SmithKline asserted thatU.S. treaty obligationswouldbe satisfied by provisions oftheFederalFood.

### Drug and 

### Cosmetic

### Act, and therefore. that placement ofpropylbexedrine into Schedule

### V was unnecessary.The provisions ofthe Psychotropic SubstancesAct of1978. Pub. L. 95-633. clearly indicate that Congress intended that

control ofpsychotropic substancesin the United States should be accomplished within the framework ofthe procedures and criteria for classificationofsubstances provided in the Comprehensive Drug Abuse Prevention and Control Act of 1970.21 U.S.C. 801(a)(3).
The provision ofthePsychotropic 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 ofthe CSAin 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 ofany provision ofthe 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 ofthe CSA. The requirements necessary for compliance with the treaty include: licensing or registration ofmanufacturers, 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 ofinternational control. In conjunction with this request, DEA 

### will accept applications from manufacturers ofproducts containing propylhexedrine for exclusion oftheir products pursuant to 21 U.S.C. 811(g](1) and 21 CFR 1308.22. Such exclusions