Controlled Substances: Established Initial Aggregate Production Quotas for 2001

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[DEA #207E]

Controlled Substances: Established Initial Aggregate Production Quotas for 2001

AGENCY:

Drug Enforcement Administration (DEA), Justice.

ACTION:

Notice of aggregate production quotas for 2001.

SUMMARY:

This notice establishes initial 2001 aggregate production quotas for controlled substances in Schedules I and II of the Controlled Substances Act (CSA).

EFFECTIVE DATE:

December 19, 2000.

FOR FURTHER INFORMATION CONTACT:

Frank L. Sapienza, Chief, Drug & 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 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.

The 2001 aggregate production quotas represent those quantities of controlled substances that may be produced in the United States in 2001 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 October 4, 2000, a notice of the proposed initial 2001 aggregate production quotas for certain controlled substances in Schedules I and II was published in the

Federal Register

(65 FR 59214). All interested persons were invited to comment on or object to these proposed aggregate production quotas on or before November 3, 2000.

Five companies commented on a total of twenty Schedules I and II controlled substances within the published comment period. The companies commented that the proposed aggregate production quotas for alfentanil, amphetamine, dextropropoxyphene, dihydrocodeine, dihydromorphine, fentanyl, gamma-hydroxybutyric acid, hydrocodone (for sale), hydromorphone, levorphanol, methamphetamine (for conversion), methylphenidate, noroxymorphone (for conversion), opium, oxycodone (for conversion), oxymorphone and sufentanil 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. The companies also commented that the proposed aggregate production quotas for codeine (for conversion), hydrocodone (for conversion) and morphine (for conversion) could be reduced.

In addition, two comments were received after the published comment period had ended (dated November 6, 2000 and November 10, 2000). These comments requested that the aggregate production quotas for amphetamine, anileridine, methadone (for sale), methadone intermediate and methylphenidate be increased. These comments were taken into consideration in determining the established initial 2001 aggregate production quotas for these substances.

DEA has taken into consideration the above comments along with the relevant 2000 manufacturing quotas, current 2000 sales and inventories, 2001 export requirements and research and product development requirements. Based on this information, the DEA has adjusted the initial aggregate production quotas for alfentanil, dihydrocodeine, dihydromorphine, hydrocodone (for sale), hydrocodone (for conversion), levorphanol, methamphetamine (for conversion), noroxymorphone (for conversion), opium and sufentanil to meet the legitimate needs of the United States.

Regarding amphetamine, anileridine, codeine (for conversion), dextropropoxyphene, fentanyl, gamma-hydroxybutyric acid, hydromorphone, methadone (for sale), methadone intermediate, methylphenidate, morphine (for conversion), oxycodone (for conversion) and oxymorphone, the DEA has determined that the proposed initial 2001 aggregate production quotas are sufficient to meet the current 2001 estimated medical, scientific, research

and industrial needs of the United States.

Pursuant to section 1303 of title 21 of the Code of Federal Regulations, the Deputy Administrator of the DEA will, in early 2001, adjust aggregate production quotas and individual manufacturing quotas allocated for the year based upon 2000 year-end inventory and actual 2000 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 Controlled Substances Act 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 orders that the 2001 initial aggregate production quotas for the following controlled substances, expressed in grams of anhydrous acid or base, be established as follows:

Basic Class

Established Initial 2001 Quotas

Schedule I

2,5-Dimethoxyamphetamine

15,501,000

2,5-Dimethoxy-4-ethylamphetamine (DOET)

2

3-Methylfentanyl

14

3-Methylthiofentanyl

2

3,4-Methylenedioxyamphetamine (MDA)

25

3,4-Methylenedioxy-N-ethylamphetamine (MDEA)

30

3,4-Methylenedioxymethamphetamine (MDMA)

10

3,4, 5-Trimethoxyamphetamine

2

4-Bromo-2,5-Dimethoxyamphetamine (DOB)

2

4-Bromo-2,5-Dimethoxyphenethylamine (2-CB)

2

4-Methoxyamphetamine

201,000

4-Methylaminorex

2

4-Methyl-2,5-Dimethoxyamphetamine (DOM)

2

5-Methoxy-3,4-Methylenedioxyamphetamine

2

Acetyl-alpha-methylfentanyl

2

Acetyldihydrocodeine

2

Acetylmethadol

2

Allylprodine

2

Alphacetylmethadol

7

Alpha-ethyltryptamine

2

Alphameprodine

2

Alphamethadol

2

Alpha-methylfentanyl

2

Alpha-methylthiofentanyl

2

Aminorex

7

Benzylmorphine

2

Betacetylmethadol

2

Beta-hydroxy-3-methylfentanyl

2

Beta-hydroxyfentanyl

2

Betameprodine

2

Betamethadol

2

Betaprodine

2

Bufotenine

2

Cathinone

9

Codeine-N-oxide

2

Diethyltryptamine

2

Difenoxin

9,000

Dihydromorphine

771,000

Dimethyltryptamine

2

Gamma-hydroxybutyric acid

15,000,000

Heroin

2

Hydroxypethidine

2

Lysergic acid diethylamide (LSD)

37

Marihuana

350,000

Mescaline

7

Methaqualone

19

Methcathinone

11

Morphine-N-oxide

2

N,N-Dimethylamphetamine

7

N-Ethyl-1-Phenylcyclohexylamine (PCE)

5

N-Ethylamphetamine

7

N-Hydroxy-3,4-Methylenedioxyamphetamine

2

Noracymethadol

2

Norlevorphanol

2

Normethadone

7

Normorphine

7

Para-fluorofentanyl

2

Pholcodine

2

Propiram

415,000

Psilocybin

2

Psilocyn

2

Tetrahydrocannabinols

131,000

Thiofentanyl

2

Trimeperidine

2

Schedule II

1-Phenylcyclohexylamine

12

1-Piperidinocyclohexanecarbonitrile (PCC)

10

Alfentanil

3,500

Alphaprodine

2

Amobarbital

12

Amphetamine

10,958,000

Cocaine

251,000

Codeine (for sale)

43,248,000

Codeine (for conversion)

59,051,000

Dextropropoxyphene

134,401,000

Dihydrocodeine

474,000

Diphenoxylate

401,000

Ecgonine

51,000

Ethylmorphine

12

Fentanyl

440,000

Glutethimide

2

Hydrocodone (for sale)

22,325,000

Hydrocodone (for conversion)

18,000,000

Hydromorphone

1,409,000

Isomethadone

12

Levo-alphacetylmethadol (LAAM)

41,000

Levomethorphan

2

Levorphanol

23,000

Meperidine

10,168,000

Methadone (for sale)

8,347,000

Methadone (for conversion)

60,000

Methadone Intermediate

9,503,000

Methamphetamine

3,187,000

850,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,286,000 grams for methamphetamine for conversion to a Schedule III product; and 51,000 grams for methamphetamine (for sale)

Methylphenidate

14,957,000

Morphine (for sale)

14,706,000

Morphine (for conversion)

117,675,000

Nabilone

2

Noroxymorphone (for sale)

25,000

Noroxymorphone (for conversion)

4,000,000

Opium

630,000

Oxycodone (for sale)

46,680,000

Oxycodone (for conversion)

449,000

Oxymorphone

264,000

Pentobarbital

22,037,000

Phencyclidine

40

Phenmetrazine

2

Phenylacetone

10

Secobarbital

12

Sufentanil

1,700

Thebaine

65,596,000

The Deputy Administrator further orders 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 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 provisions 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 1966. 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 Drug Enforcement Administration 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, D.C. 20537, telephone (202) 307-7183.

Dated: December 11, 2000.

Julio F. Mercado,

Deputy Administrator.

[FR Doc. 00-32299 Filed 12-18-00; 8:45 am]

BILLING CODE 4410-09-M