FR Doc E6-20920 [Federal Register: December 11, 2006 (Volume 71, Number 237)] [Notices] [Page 71559-71562] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr11de06-62]

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[DEA 290E]

Controlled Substances: Established Initial Aggregate Production Quotas for 2007

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Notice of aggregate production quotas for 2007.

SUMMARY: This notice establishes initial 2007 aggregate production quotas for controlled substances in schedules I and II of the Controlled Substances Act (CSA).

DATES: Effective Date: December 11, 2006.

FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug & Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, Telephone: (202) 307-7183.

SUPPLEMENTARY INFORMATION: Section 306 of the CSA Title 21 United States Code section 826 (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 Code of Federal Regulations (CFR) 0.100. The Administrator, in turn, has redelegated this function to the Deputy Administrator, pursuant to 28 CFR 0.104.

The 2007 aggregate production quotas represent those quantities of controlled substances 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 (21 U.S.C. 826(a) and 21 CFR 1303.11). These quotas do not include imports of controlled substances for use in industrial processes.

On August 29, 2006, a notice of the proposed initial 2007 aggregate production quotas for certain controlled substances in schedules I and II was published in the Federal Register (71 FR 51214). All interested persons were invited to comment on or object to these proposed aggregate production quotas on or before September 19, 2006.

Five responses were received within the published comment period resulting in comments on a total of 25 schedule I and II controlled substances. The responses commented that the proposed aggregate production quotas for alfentanil, aminorex, cocaine, codeine (for conversion), dihydrocodeine, ecgonine, fentanyl, hydrocodone, hydromorphone, levorphanol, methadone, methadone intermediate, methamphetamine, methylphenidate, morphine (for conversion), nabilone, noroxymorphone (for conversion), oxycodone, oxycodone (for conversion), oxymorphone, oxymorphone (for conversion), remifentanil, sufentanil, tetrahydrocannabinols and thebaine were insufficient to provide for the estimated medical, scientific, research and industrial needs of the United States, for export requirements and for the establishment and maintenance of reserve stocks.

DEA has taken into consideration the above comments along with the relevant 2006 manufacturing quotas, current 2006 sales and inventories, 2007 export requirements, additional applications received, and research and product development requirements. Based on this information, the DEA has adjusted the initial aggregate production quotas for alfentanil, aminorex, amobarbital, codeine (for conversion), dextropropoxyphene, dihydrocodeine, gamma hydroxybutyric acid, ibogaine, hydrocodone, metazocine, nabilone, noroxymorphone (for conversion), oxycodone, oxycodone (for conversion), oxymorphone, oxymorphone (for conversion), remifentanil, sufentanil,

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and thebaine to meet the legitimate needs of the United States.

Regarding cocaine, ecgonine, fentanyl, hydromorphone, levorphanol, methadone, methadone intermediate, methamphetamine, methylphenidate, morphine (for conversion) and tetrahydrocannabinols, the DEA has determined that the proposed initial 2007 aggregate production quotas are sufficient to meet the current 2007 estimated medical, scientific, research and industrial needs of the United States.

Pursuant to 21 CFR Part 1303, the Deputy Administrator of the DEA will, in 2007, adjust aggregate production quotas and individual manufacturing quotas allocated for the year based upon 2006 year-end inventory and actual 2006 disposition data supplied by quota recipients for each basic class of schedule I or II controlled substance.

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 orders that the 2007 initial aggregate production quotas for the following controlled substances, expressed in grams of anhydrous acid or base, be established as follows:

The Deputy Administrator further orders that aggregate production quotas for all other schedules I and II controlled substances included in 21 CFR 1308.11 and 1308.12 be established at zero.

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

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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 have no 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 $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.

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: December 1, 2006.

Michele M. Leonhart, 
Deputy Administrator.

[FR Doc. E6-20920 Filed 12-8-06; 8:45 am]

BILLING CODE 4410-09-P

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