Implementation of the Comprehensive Methamphetamine Control Act of 1996; Regulation of Pseudoephedrine, Phenylpropanolamine, and Combination Ephedrine Drug Products and Reports of Certain Transactions to Nonregulated Persons

DEA is proposing amending its regulations to implement the requirements of the Comprehensive Methamphetamine Control Act of 1996 (MCA) with respect to the regulation of pseudoephedrine, phenylpropanolamine, and combination ephedrine drug products as List I chemicals and the reporting of certain transactions involving pseudoephedrine, phenylpropanolamine, and ephedrine. The MCA removed the previous exemption from regulation as List I chemicals which had applied to pseudoephedrine, phenylpropanolamine, and combination ephedrine drug products. This action makes persons who distribute the products subject to the registration requirement. Also, distributions, importations, and exportations of the products became subject to the existing chemical controls relating to regulated transactions, except in certain circumstances specified in the MCA. The MCA also requires that reports be submitted for certain distributions involving ephedrine, pseudoephedrine, and phenylpropanolamine (including drug products containing those chemicals) by Postal Service or private or commercial carrier to nonregulated persons. This proposed rule amends the regulations to make them consistent with the language of the MCA and to establish the specific procedures to be followed to satisfy the new reporting requirement.