Technical Correction of Two Anabolic Steroid Names, 60426-60427 [E6-16992]

Download as PDF 60426 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations substantial number of small entities; (3) reduces barriers to international trade; and (4) does not impose an unfunded mandate on State, local, or tribal governments, or on the private sector. These analyses, available in the docket, are summarized below. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601–612, directs the FAA to fit regulatory requirements to the scale of the business, organizations, and governmental jurisdictions subject to the regulation. We are required to determine whether a proposed or final action will have a ‘‘significant economic impact on a substantial number of small entities’’ as defined in the Act. If we find that the action will have a significant impact, we must do a ‘‘regulatory flexibility analysis.’’ This final rule directs the FAA to assign each U.S. and Canadian conducting scheduled service at O’Hare by January 27, 2007, Arrival Authorizations based on their permanent holdings as of the 7-day period of October 22 through October 28, 2006, as evidenced by the FAA’s records. Its economic impact is minimal. Therefore, we certify that this action will not have a significant economic impact on a substantial number of small entities. erjones on PROD1PC72 with RULES Trade Impact Assessment The Trade Agreement Act of 1979 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this rulemaking and has determined that it will have only a domestic impact and therefore no effect on any trade-sensitive activity. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Public Law 104–4 on March 22, 1995, is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments. Title II of the Act requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in a $100 million or more expenditure (adjusted annually for inflation) in any one year by State, local, and tribal governments, in the aggregate, VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 or by the private sector; such a mandate is deemed to be a ‘‘significant regulatory action.’’ The FAA currently uses an inflation-adjusted value of $128.1 million in lieu of $100 million. This final rule does not contain such a mandate. Therefore, the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we determined that this final rule does not have federalism implications. Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this proposed rulemaking action qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances. Energy Impact The energy impact of the notice has been assessed in accordance with the Energy Policy and Conservation Act (EPCA Pub. L. 94–163), as amended (42 U.S.C. 6362) and FAA Order 1053.1. It has been determined that the final rule is not a major regulatory action under the provisions of the EPCA. List of Subjects in 14 CFR Part 93 Air traffic control, Airports, Alaska, Navigation (air), Reporting and recordkeeping requirements. The Amendment 2. Amend § 93.25 to revise the last sentence in paragraph (a) and by revising paragraph (b) to read as follows: ■ § 93.25 Initial assignment of Arrival Authorizations to U.S. and Canadian air carriers for domestic and U.S./Canada transborder service (a) * * * A carrier’s total assignment under this paragraph shall be reduced accordingly by (i) any international Arrival Authorizations assigned under § 93.29 (a), and (ii) if the carrier transferred or traded for consideration any arrival authorizations to another carrier under the October 2006 order amending the August 18, 2004 order and the transferee carrier meets the conditions of paragraph (b) of this section, the number of such traded or transferred authorizations. (b) The FAA shall assign an Arrival Authorization to each U.S. and Canadian air carrier that did not publish a scheduled domestic or U.S./Canada transborder arrival during the period of time referenced in paragraph (a) of this section for arrivals for which the carrier: (1) Was entitled to under the August 18, 2004, ‘‘Order Limiting Scheduled Operations at O’Hare International Airport,’’ as amended, and is conducting scheduled service at O’Hare as of the effective date of this rule; or (2) Has initiated scheduled service or received FAA approval of a trade or transfer under the August 18, 2004, ‘‘Order Limiting Scheduled Operations at O’Hare International Airport,’’ as amended, as long as operations conducted under the Arrival Authorization begin no later than January 27, 2007. * * * * * Issued in Washington, DC, on October 6, 2006. Marion C. Blakey, Administrator. [FR Doc. 06–8651 Filed 10–10–06; 11:49 am] BILLING CODE 4910–13–P DEPARTMENT OF JUSTICE Drug Enforcement Administration In consideration of the above, the Federal Aviation Administration amends chapter l of Title 14, Code of Federal Regulations as follows: ■ PART 93—SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC 1. The authority citation for part 93 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40101, 40103, 40106, 40109, 40113, 44502, 44514, 44701, 44719, and 46301. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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. E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations 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. § 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:13b-ethyl-17b -hydroxygon-4-en-3-one and stanozolol (17a-methyl-17b-hydroxy-[5a]-androst2-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. erjones on PROD1PC72 with RULES 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 VerDate Aug<31>2005 13:09 Oct 13, 2006 Jkt 211001 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, § 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 §§ 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. 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 foreignbased companies in domestic and export markets. List of Subjects in 21 CFR Part 1300 Chemicals, Drug traffic control. For the reasons set out above, 21 CFR part 1300 is amended as follows: ■ PART 1300—DEFINITIONS 1. The authority citation for part 1300 continues to read as follows: ■ Authority: 21 U.S.C. 802, 871(b), 951, 958(f). 2. Section 1300.01 is amended by revising paragraphs (b)(4)(xxiii) and (b)(4)(liv) to read as follows: ■ § 1300.01 Definitions relating to controlled substances. * * * * * (b) * * * (4) * * * (xxiii) 13b-ethyl-17b-hydroxygon-4en-3-one * * * * * (liv) stanozolol (17a-methyl-17bhydroxy-[5a]-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] BILLING CODE 4410–09–P 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 60427 E:\FR\FM\13OCR1.SGM 13OCR1

Agencies

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


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

[[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]
BILLING CODE 4410-09-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.