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Federal
Register Notices > Quotas -
2007 > Controlled Substances: Proposed
Revised Aggregate Production Quotas for 2007
FR Doc E7-8422 [Federal Register: May 3, 2007 (Volume 72, Number 85)]
[Notices] [Page 24608-24611] From the Federal Register Online via GPO
Access [wais.access.gpo.gov] [DOCID:fr03my07-83]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-290R]
Controlled Substances: Proposed Revised Aggregate Production
Quotas for 2007
AGENCY: Drug Enforcement Administration (DEA), Justice.
ACTION: Notice of proposed revised 2007 aggregate production
quotas.
SUMMARY: This notice proposes revised 2007 aggregate
production quotas for controlled substances in schedules I and II of the
Controlled Substances Act (CSA).
DATES: Written comments must be postmarked, and electronic
comments must be sent, on or before May 24, 2007.
ADDRESSES: To ensure proper handling of comments, please
reference ``Docket No. DEA-290R on all written and electronic
correspondence. Written comments being sent via regular mail should be
sent to the Deputy Assistant Administrator, Office of Diversion Control,
Drug Enforcement Administration, Washington, DC 20537, Attention: DEA
Federal Register Representative/ODL. Written comments sent via express
mail should be sent to DEA Headquarters, Attention: DEA Federal Register
Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, VA 22301.
Comments may be directly sent to DEA electronically by sending an
electronic message to dea.diversion.policy@usdoj.gov. Comments may also
be sent electronically through http://www.regulations.gov using the
electronic comment form provided on that site. An electronic copy of
this
[[Page 24609]]
document is also available at the http://www.regulations.gov Web
site.
DEA will accept attachments to electronic comments in Microsoft Word,
WordPerfect, Adobe PDF, or Excel file formats only. DEA will not accept
any file format other than those specifically listed here.
FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD,
Chief, Drug and Chemical Evaluation Section, Drug Enforcement
Administration, Washington, DC 20537, Telephone: (202) 307-7183.
SUPPLEMENTARY INFORMATION: Section 306 of the CSA (21
U.S.C. 826) requires that the Attorney General establish aggregate
production quotas for each basic class of controlled substance listed in
schedules I and II. This responsibility has been delegated to the
Administrator of the DEA by 28 CFR 0.100. The Administrator, in turn,
has redelegated this function to the Deputy Administrator, pursuant to
28 CFR 0.104.
On December 11, 2006, a notice of established initial 2007 aggregate
production quotas for certain controlled substances in schedules I and
II was published in the Federal Register (71 FR 71559). This notice
stipulated that the DEA would adjust the quotas in early 2007 as
provided for in 21
CFR Part 1303.
The proposed revised 2007 aggregate production quotas represent those
quantities of controlled substances in schedules I and II that may be
produced in the United States in 2007 to provide adequate supplies of
each substance for: The estimated medical, scientific, research and
industrial needs of the United States; lawful export requirements; and
the establishment and maintenance of reserve stocks. These quotas do not
include imports of controlled substances for use in industrial
processes.
The proposed revisions are based on a review of 2006 year-end
inventories, 2006 disposition data submitted by quota applicants,
estimates of the medical needs of the United States, product
development, and other information available to the DEA.
Therefore, under the authority vested in the Attorney General by
Section 306 of the CSA (21
U.S.C. 826), and delegated to the Administrator of the DEA by 28 CFR
0.100, and redelegated to the Deputy Administrator pursuant to 28 CFR
0.104, the Deputy Administrator hereby proposes the following revised
2007 aggregate production quotas for the following controlled
substances, expressed in grams of anhydrous acid or base:
| Basic class --Schedule I |
Previously established initial
2007 quotas |
Proposed revised 2007 quotas |
| 2,5-Dimethoxyamphetamine |
2,001,000 g |
2,001,000 g |
| 2,5-Dimethoxy-4-ethylamphetamine (DOET) |
2 |
2 |
| 2,5-Dimethoxy-4-(n)-propylthiophenethylamine
(2C-T-7) |
10 |
10 |
| 3-Methylfentanyl |
2 |
2 |
| 3-Methylthiofentanyl |
2 |
2 |
| 3,4-Methylenedioxyamphetamine (MDA) |
20 |
20 |
| 3,4-Methylenedioxy-N-ethylamphetamine (MDEA) |
10 |
10 |
| 3,4-Methylenedioxymethamphetamine (MDMA) |
22 |
22 |
| 3,4,5-Trimethoxyamphetamine |
2 |
2 |
| 4-Bromo-2,5-dimethoxyamphetamine (DOB) |
2 |
2 |
| 4-Bromo-2,5-dimethoxyphenethylamine (2-CB) |
7 |
2 |
| 4-Methoxyamphetamine |
77 |
77 |
| 4-Methylaminorex |
2 |
2 |
| 4-Methyl-2,5-dimethoxyamphetamine (DOM) |
12 |
12 |
| 5-Methoxy-3,4-methylenedioxyamphetamine |
2 |
2 |
| 5-Methoxy-N,N-diisopropyltryptamine |
5 |
5 |
| Acetyl-alpha-methylfentanyl |
2 |
2 |
| Acetyldihydrocodeine |
2 |
2 |
| Acetylmethadol |
2 |
2 |
| Allylprodine |
2 |
2 |
| Alphacetylmethadol |
2 |
2 |
| Alpha-ethyltryptamine |
2 |
2 |
| Alphameprodine |
2 |
2 |
| Alphamethadol |
3 |
3 |
| Alpha-methylfentanyl |
2 |
2 |
| Alpha-methylthiofentanyl |
2 |
2 |
| Alpha-methyltryptamine |
5 |
5 |
| Aminorex |
8 |
8 |
| Benzylmorphine |
2 |
2 |
| Betacetylmethadol |
2 |
2 |
| Beta-hydroxy-3-methylfentanyl |
2 |
2 |
| Beta-hydroxyfentanyl |
2 |
2 |
| Betameprodine |
2 |
2 |
| Betamethadol |
2 |
2 |
| Betaprodine |
2 |
2 |
| Bufotenine |
8 |
8 |
| Cathinone |
3 |
3 |
| Codeine-N-oxide |
302 |
302 |
| Diethyltryptamine |
2 |
2 |
| Difenoxin |
50 |
50 |
| Dihydromorphine |
2,549,000 |
2,549,000 |
| Dimethyltryptamine |
3 |
3 |
| Gamma-hydroxybutyric acid |
13,100,000 |
13,100,000 |
| Heroin |
5 |
5 |
| Hydromorphinol |
3,000 |
3,000 |
| Hydroxypethidine |
2 |
2 |
| Ibogaine |
1 |
1 |
| Lysergic acid diethylamide (LSD) |
61 |
61 |
| Marihuana |
4,500,000 |
4,500,000 |
| Mescaline |
2 |
2 |
| Methaqualone |
10 |
10 |
| Methcathinone |
4 |
4 |
| Methyldihydromorphine |
2 |
2 |
| Morphine-N-oxide |
310 |
310 |
| N,N-Dimethylamphetamine |
7 |
7 |
| N-Ethylamphetamine |
2 |
2 |
| N-Hydroxy-3,4-methylenedioxyamphetamine |
2 |
2 |
| Noracymethadol |
2 |
2 |
| Norlevorphanol |
52 |
52 |
| Normethadone |
2 |
2 |
| Normorphine |
16 |
16 |
| Para-fluorofentanyl |
2 |
2 |
| Phenomorphan |
2 |
2 |
| Pholcodine |
2 |
2 |
| Psilocybin |
7 |
7 |
| Psilocyn |
7 |
7 |
| Tetrahydrocannabinols |
312,500 |
312,500 |
| Thiofentanyl |
2 |
2 |
| Trimeperidine |
2 |
2 |
| Basic class--Schedule II |
Previously established initial
2007 quotas |
Proposed revised 2007 quotas |
| 1-Phenylcyclohexylamine |
2 g |
2 g |
| Alfentanil |
7,200 |
7,200 |
| Alphaprodine |
2 |
2 |
| Amobarbital |
3 |
3 |
| Amphetamine (for sale) |
17,000,000 |
17,000,000 |
| Amphetamine (for conversion) |
0 |
2,760,000 |
| Cocaine |
286,000 |
286,000 |
| Codeine (for sale) |
39,605,000 |
39,605,000 |
| Codeine (for conversion) |
59,000,000 |
59,000,000 |
| Dextropropoxyphene |
120,000,000 |
120,000,000 |
| Dihydrocodeine |
2,435,000 |
2,435,000 |
| Diphenoxylate |
828,000 |
828,000 |
| Ecgonine |
83,000 |
83,000 |
| Ethylmorphine |
2 |
2 |
| Fentanyl |
1,428,000 |
1,428,000 |
| Glutethimide |
2 |
2 |
| Hydrocodone (for sale) |
42,000,000 |
42,000,000 |
| Hydrocodone (for conversion) |
1,500,000 |
1,500,000 |
| Hydromorphone |
3,300,000 |
3,300,000 |
| Isomethadone |
2 |
2 |
| Levo-alphacetylmethadol (LAAM) |
6 |
6 |
| Levomethorphan |
5 |
5 |
| Levorphanol |
6,000 |
6,000 |
| Lisdexamfetamine |
0 |
6,200,000 |
| Meperidine |
9,753,000 |
9,753,000 |
| Metazocine |
1 |
1 |
| Methadone (for sale) |
25,000,000 |
25,000,000 |
| Methadone Intermediate |
26,000,000 |
26,000,000 |
| Methamphetamine [680,000 grams of
levo-desoxyephedrine for use in a non-controlled, non-
prescription product; 2,405,000 grams for methamphetamine mostly
for conversion to a schedule III product; and 45,000 grams for
methamphetamine (for sale)] |
3,130,000 |
3,130,000 |
| Methylphenidate |
35,000,000 g |
35,000,000 g |
| Morphine (for sale) |
35,000,000 |
35,000,000 |
| Morphine (for conversion) |
110,774,000 |
110,774,000 |
| Nabilone |
3,002 |
3,002 |
| Noroxymorphone (for sale) |
1,002 |
1,002 |
| Noroxymorphone (for conversion) |
11,000,000 |
11,000,000 |
| Opium |
1,400,000 |
1,400,000 |
| Oxycodone (for sale) |
56,000,000 |
56,000,000 |
| Oxycodone (for conversion) |
25,000,000 |
25,000,000 |
| Oxymorphone |
1,800,000 |
1,800,000 |
| Oxymorphone (for conversion) |
15,300,000 |
15,300,000 |
| Pentobarbital |
28,000,000 |
28,000,000 |
| Phencyclidine |
2,021 |
2,021 |
| Phenmetrazine |
2 |
2 |
| Racemethorphan |
2 |
2 |
| Remifentanil |
5,000 |
5,000 |
| Secobarbital |
2 |
2 |
| Sufentanil |
12,300 |
12,300 |
| Thebaine |
102,000,000 |
102,000,000 |
The Deputy Administrator further proposes that aggregate production
quotas for all other schedules I and II controlled substances included
in 21 CFR
1308.11 and 1308.12
remain at zero.
All interested persons are invited to submit their comments in
writing or electronically regarding this proposal following the
procedures in the ADDRESSES section of this document. A person may
object to or comment on the proposal relating to any of the above-
mentioned substances without filing comments or objections regarding the
others. If a person believes that one or more of these issues warrant a
hearing, the individual should so state and summarize the reasons for
this belief.
In the event that comments or objections to this proposal raise one
or more issues which the Deputy Administrator finds warrant a hearing,
the Deputy Administrator shall order a public hearing by notice in the
Federal Register, summarizing the issues to be heard and setting the
time for the hearing as per 21
CFR 1303.13(c). The Office of Management and Budget has determined
that notices of aggregate production quotas are not subject to
centralized review under Executive Order 12866.
This action 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 action does not have federalism implications warranting the
application of Executive Order 13132.
The Deputy Administrator hereby certifies that this action will not
have a significant impact upon small entities whose interests must be
considered under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
The establishment of aggregate production quotas for schedules I and II
controlled substances is mandated by law and by international treaty
obligations. The quotas are necessary to provide for the estimated
medical, scientific, research and industrial needs of the United States,
for export requirements and the establishment and maintenance of reserve
stocks. While aggregate production quotas are of primary importance to
large manufacturers, their impact upon small entities is neither
negative nor beneficial. Accordingly, the Deputy Administrator has
determined that this action does not require a regulatory flexibility
analysis.
This action meets the applicable standards set forth in Sections 3(a)
and 3(b)(2) of Executive Order 12988 Civil Justice Reform. This action
will not result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $120,000,000
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.
This action is not a major rule as defined by Section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This action
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs 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.
Dated: April 25, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7-8422 Filed 5-2-07; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
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