NOTE: COMMENTS REGARDING ANY FEDERAL REGISTER NOTICE MUST BE SENT TO THE ADDRESS INDICATED IN THE DOCUMENT. ANY COMMENTS ON THE RAPID INFORMATION BULLETIN BOARD SYSTEM (RIBBS) ABOUT ANY FEDERAL REGISTER NOTICES WILL NOT BE USED OR CONSIDERED IN THE COURSE OF ANY RULE MAKING. ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Part 111 Mailing Prescription Medicines Containing Narcotic Drugs and Other Controlled Substances AGENCY: Postal Service. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The final rule will remove a provision in the current postal regulations that restricts use of the mails to carry prescription medicine containing narcotic drugs. This rule also would fully harmonize those regulations, namely, Domestic Mail Manual CO23.6.8 and CO23.6.9, with the Controlled Substances Act and its implementing regulations. As a consequence, such use of the mail by dispensers of such medicine would be allowed to the same extent that distribution via any carrier is permitted under the Controlled Substances Act and implementing regulations. EFFECTIVE DATE: October 5, 1994. FOR FURTHER INFORMATION CONTACT: Robert R. Adams, (202) 268-5168. SUPPLEMENTARY INFORMATION: The Postal Service published in the Federal Register (58 FR 67747-67748) on December 22, 1993, a proposal to amend the Domestic Mail Manual to remove postal regulations restricting use of the mail to carry prescription medicine containing narcotic drugs. Domestic Mail Manual (DMM) CO23.6.9 currently states that ``prescription medicines containing narcotic drugs may be mailed only by Department of Veterans Affairs medical facilities to certain veterans.'' Some commercial suppliers have reported that they routinely ship such medicines via carriers competing with the Postal Service, and that the shipments are not prohibited by the Controlled Substances Act, 21 U.S.C. 801 et seq., and its implementing regulations, 21 CFR 1300 et seq. These suppliers state that they would prefer to make these shipments via the Postal Service, except for the foregoing restriction in postal regulations. Upon review, the Postal Service has found no need for provisions in its regulations on mailing controlled substances that would be stricter than those applicable to shipments via competing carriers. Whatever the means of carriage, such shipments must comply with the Controlled Substances Act and the regulations implementing it that provide a comprehensive system for protecting the public. The revisions will make postal regulations fully consistent with that protective system. Although adopting this proposal may lead to substantial increases in the amount of mailed medicines containing narcotics, compliance with Postal Service regulations for preparation and packaging prerequisites should yield secure transit for those shipments. The Postal Service received comments on the proposed rule from five parties. All comments were in favor of implementing the proposed rule. List of Subjects in 39 CFR Part 111 Postal Service. For the reasons discussed above, the Postal Service hereby adopts the following amendments to the Domestic Mail Manual, which is incorporated by reference in the Code of Federal Regulations (see 39 CFR 111). PART 111--[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001- 3011, 3201-3219, 3403-3406, 3621, 3626, 5001. 2. Domestic Mail Manual C023 is hereby amended to read as follows: 6.0 Poisons, Controlled Substances, and Drug Paraphernalia * * * * * 6.8 Controlled Substances A ``controlled substance'' is any anabolic steroid, narcotic, hallucinogenic, stimulant, or depressant drug in Schedules I through V of the Controlled Substances Act (Public Law 91-513), 21 U.S.C. 801 et seq., and 21 CFR 1300 et seq. Because controlled substances are potentially addictive and abusable, if distribution of a controlled substance is unlawful under 21 U.S.C. 801 et seq., and under any relevant implementing regulations in 21 CFR 1300 et seq., distribution of such matter by mail is also unlawful under 18 U.S.C. 1716. Section 1716(a) prohibits from being conveyed in the mails all matter capable of killing or injuring a person. 6.9 Mailing Requirements Under 18 U.S.C. 1716(b), the Postal Service may permit the mailing of matter not outwardly or of its own force dangerous or injurious to a person's life or health, subject to the preparation and packaging standards specified by the Postal Service. Accordingly, if distribution of a controlled substance is lawful under 21 U.S.C. 801 et seq., and any relevant implementing regulations in 21 CFR 1300 et seq., the Postal Service considers such distribution by mail to constitute the mailing of matter not outwardly or of its own force dangerous or injurious to a person's life or health, if the following preparation and packaging standards are met: a. The inner container of any parcel containing controlled substances is marked and sealed under the applicable provisions of the Controlled Substances Act (21 U.S.C. 801 et seq. and the regulations implementing it, 21 CFR 1300 et seq.) and placed in a plain outer container or securely overwrapped in plain paper. b. If the controlled substances consist of prescription medicines, the inner container is also labeled to show the prescription number and the name and address of the pharmacy, practitioner, or other person dispensing the prescription. c. The outside wrapper or container is free of markings that would indicate the nature of the contents. * * * * * A transmittal letter making these changes in the pages of the Domestic Mail Manual will be published and will be transmitted to subscribers automatically. Notice of issuance will be published in the Federal Register, as provided by 39 CFR 111.3. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 94-24578 Filed 10-4-94; 8:45 am]