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Notice

Controlled Substances: Proposed Revised Aggregate Production Quotas for 2002

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Information about this document as published in the Federal Register.

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AGENCY:

Drug Enforcement Administration (DEA), Justice.

ACTION:

Notice of proposed revised 2002 aggregate production quotas.

SUMMARY:

This notice proposes revised 2002 aggregate production quotas for controlled substances in Schedules I and II of the Controlled Substances Act (CSA).

DATES:

Comments or objections must be received on or before August 22, 2002.

ADDRESSES:

Send comments or objections to the Deputy Administrator, Drug Enforcement Administration, Washington, DC 20537, Attn.: DEA Federal Register Representative (CCR).

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FOR FURTHER INFORMATION CONTACT:

Frank L. Sapienza, Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, Telephone: (202) 307-7183.

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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 Section 0.100 of Title 28 of the Code of Federal Regulations. The Administrator, in turn, has redelegated this function to the Deputy Administrator, pursuant to Section 0.104 of Title 28 of the Code of Federal Regulations.

On December 13, 2001, DEA published a notice of established initial 2002 aggregate production quotas for certain controlled substances in Schedules I and II (66 FR 64456). This notice stipulated that the Deputy Administrator of the DEA would adjust the quotas in early 2002 as provided for in Section 1303 of Title 21 of the Code of Federal Regulations.

The proposed revised 2002 aggregate production quotas represent those quantities of controlled substances in Schedules I and II that may be produced in the United States in 2002 to provide adequate supplies of each substance for: the estimated medical, scientific, research, and industrial needs of the United States; lawful export Start Printed Page 48208requirements; 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 2001 year-end inventories, 2001 disposition data submitted by quota applicants, estimates of the medical needs of the United States, and other information available to the DEA.

Therefore, under the authority vested in the Attorney General by Section 306 of the CSA of 1970 (21 U.S.C. 826), delegated to the Administrator of the DEA by Section 0.100 of Title 28 of the Code of Federal Regulations, and redelegated to the Deputy Administrator pursuant to Section 0.104 of Title 28 of the Code of Federal Regulations, the Deputy Administrator hereby proposes the following revised 2002 aggregate production quotas for the following controlled substances, expressed in grams of anhydrous acid or base:

Basic ClassPreviously established initial 2002 quotasProposed revised 2002 quotas
Schedule I
2,5-Dimethoxyamphetamine12,501,00012,501,000
2,5-Dimethoxy-4-ethylamphetamine (DOET)22
3-Methylfentanyl44
3-Methylthiofentanyl22
3,4-Methylenedioxyamphetamine (MDA)1515
3,4-Methylenedioxy-N-ethylamphetamine (MDEA)1515
3,4-Methylenedioxymethamphetamine (MDMA)1515
3,4,5-Trimethoxyamphetamine22
4-Bromo-2,5-Dimethoxyamphetamine (DOB)22
4-Bromo-2,5-Dimethoxyphenethylamine (2-CB)22
4-Methoxyamphetamine77
4-Methylaminorex22
4-Methyl-2,5-Dimethoxyamphetamine (DOM)22
5-Methoxy-3,4-Methylenedioxyamphetamine22
Acetyl-alpha-methylfentanyl22
Acetyldihydrocodeine22
Acetylmethadol22
Allylprodine22
Alphacetylmethadol77
Alpha-ethyltryptamine22
Alphameprodine22
Alphamethadol22
Alpha-methylfentanyl22
Alpha-methylthiofentanyl22
Aminorex77
Benzylmorphine22
Betacetylmethadol22
Beta-hydroxy-3-methylfentanyl22
Beta-hydroxyfentanyl22
Betameprodine22
Betamethadol22
Betaprodine22
Bufotenine22
Cathinone99
Codeine-N-oxide5295
Diethyltryptamine22
Difenoxin9,0009,000
Dihydromorphine1,101,0001,101,000
Dimethyltryptamine33
Gamma-hydroxybutyric acid77
Heroin99
Hydromorphinol02
Hydroxypethidine22
Lysergic acid diethylamide (LSD)4646
Marihuana840,000840,000
Mescaline77
Methaqualone99
Methcathinone99
Methyldihydromorphine02
Morphine-N-oxide52201
N,N-Dimethylamphetamine77
N-Ethyl-1-Phenylcyclohexylamine (PCE)55
N-Ethylamphetamine77
N-Hydroxy-3,4-Methylenedioxyamphetamine22
Noracymethadol22
Norlevorphanol5252
Normethadone77
Normorphine5757
Para-fluorofentanyl22
Phenomorphan02
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Pholcodine22
Propiram415,000415,000
Psilocybin22
Psilocyn22
Tetrahydrocannabinols131,000131,000
Thiofentanyl22
Trimeperidine22
Schedule II
1-Phenylcyclohexylamine1212
1-Piperidinocyclohexanecarbonitrile (PCC)1010
Alfentanil902902
Alphaprodine22
Amobarbital451,000451,000
Amphetamine13,964,00013,964,000
Carfentanil120120
Cocaine251,000251,000
Codeine (for sale)43,494,00043,494,000
Codeine (for conversion)59,051,00059,051,000
Dextropropoxyphene136,696,000136,696,000
Dihydrocodeine534,000534,000
Diphenoxylate708,000708,000
Ecgonine51,00051,000
Ethylmorphine1212
Fentanyl440,000657,000
Glutethimide22
Hydrocodone (for sale)23,825,00025,702,000
Hydrocodone (for conversion)13,500,00010,000,000
Hydromorphone1,409,0001,409,000
Isomethadone1212
Levo-alphacetylmethadol (LAAM)1212
Levomethorphan22
Levorphanol37,00037,000
Meperidine10,037,0009,583,000
Metazocine11
Methadone (for sale)12,705,00012,705,000
Methadone Intermediate19,081,00019,081,000
Methamphetamine2,315,0002,244,000
[275,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 1,950,000 grams for methamphetamine for conversion to a Schedule III product; and 19,000 grams for methamphetamine (for sale)]
Methylphenidate17,618,00020,967,000
Morphine (for sale)17,533,00017,533,000
Morphine (for conversion)110,774,000110,774,000
Nabilone22
Noroxymorphone (for sale)25,00025,000
Noroxymorphone (for conversion)6,000,0006,000,000
Opium700,000700,000
Oxycodone (for sale)40,109,00030,156,000
Oxycodone (for conversion)700,0001,100,000
Oxymorphone454,000454,000
Pentobarbital27,728,00027,728,000
Phencyclidine2121
Phenmetrazine22
Phenylacetone10,218,00010,218,000
Secobarbital1,0021,002
Sufentanil2,1002,100
Thebaine59,090,00047,419,000

The Deputy Administrator further proposes that aggregate production quotas for all other Schedules I and II controlled substances included in Sections 1308.11 and 1308.12 of Title 21 of the Code of Federal Regulations remain at zero.

All interested persons are invited to submit their comments and objections in writing regarding this proposal. 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 Start Printed Page 48210public 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) and 1303.32.

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 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 $100,000,000 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.

The DEA makes every effort to write clearly. If you have suggestions as to how to improve the clarity of this regulation, call or write Frank L. Sapienza, Chief, Drug & Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Telephone: (202) 307-7183.

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Dated: July 16, 2002.

John B. Brown III,

Deputy Administrator.

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[FR Doc. 02-18468 Filed 7-22-02; 8:45 am]

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