Controlled Substances: Final Revised Aggregate Production Quotas for 2001

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[DEA # 207F]

Controlled Substances: Final Revised Aggregate Production Quotas for 2001

AGENCY:

Drug Enforcement Administration (DEA), Justice.

ACTION:

Notice of final aggregate production quotas for 2001.

SUMMARY:

This notice establishes final 2001 aggregate production quotas for controlled substances in Schedules I and II of the Controlled Substances Act (CSA). The DEA has taken into consideration comments received in response to a notice of the proposed revised aggregate production quotas for 2001 published August 6, 2001 (66 FR 41049). No comments were received in response to an interim notice establishing revised 2001 aggregate production quotas published August 14, 2001 (66 FR 42680). The interim notice is adopted as published.

EFFECTIVE DATE:

October 15, 2001.

FOR FURTHER INFORMATION CONTACT:

Frank L. Sapienza, 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 § 0.100 of Title 28 of the Code of Federal Regulations.

The 2001 aggregate production quotas represent those quantities of controlled substances in Schedules I and II 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.

On August 6, 2001, a notice of the proposed revised 2001 aggregate production quotas for certain controlled substances in Schedules I and II was published in the

Federal Register

(66 FR 41049). All interested persons were invited to comment on or object to these proposed aggregate production quotas on or before September 5, 2001.

Six companies and one individual commented on a total of thirteen Schedules I and II controlled substances within the published comment period. The companies commented that the proposed aggregate production quotas for 4-methoxyamphetamine, amphetamine, hydrocodone (for sale), marihuana, methamphetamine (for sale), methylphenidate, morphine (for sale), noroxymorphone (for conversion), oxycodone (for sale), pentobarbital, phenylacetone 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. The individual's comment questioned the increase in the aggregate production quota for secobarbital and raised other issues, including how to obtain additional information concerning this quota.

DEA has taken into consideration the above comments along with the relevant 2000 year-end inventories, initial 2001 manufacturing quotas, 2001 export requirements, actual and projected 2001 sales and use, and research and product development requirements. Based on this information, the DEA has adjusted the final 2001 aggregate production quotas for marihuana, methylphenidate, morphine (for sale), pentobarbital and phenylacetone to meet the legitimate needs of the United States.

Regarding 4-methoxyamphetamine, amphetamine, hydrocodone (for sale),

methamphetamine (for sale), noroxymorphone (for conversion), oxycodone (for sale) and thebaine, the DEA has determined that the proposed revised 2001 aggregate production quotas are sufficient to meet the current 2001 estimated medical, scientific, research and industrial needs of the United States. The proposed increase in the aggregate production quota for secobarbital was also determined to be necessary to meet the legitimate needs of the United States.

In addition, on August 14, 2001, an interim notice establishing revised 2001 aggregate production quotas for methadone and methadone intermediate was published in the

Federal Register

(66 FR 42680). All interested parties were invited to comment on or before September 14, 2001. No comments or objections were received regarding this interim notice. The aggregate production quotas established in the interim notice are adopted without change.

Therefore, under the authority vested in the Attorney General by Section 306 of the Controlled Substances Act of 1970 (21 U.S.C. 826), and delegated to the Administrator of the DEA by § 0.100 of Title 28 of the Code of Federal Regulations, the Administrator hereby orders that the 2001 final aggregate production quotas for the following controlled substances, expressed in grams of anhydrous acid or base, be established as follows:

Basic Class

Established final 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)

30

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

30

3,4-Methylenedioxymethamphetamine (MDMA)

15

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

3

Gamma-hydroxybutyric acid

7

Heroin

2

Hydroxypethidine

2

Lysergic acid diethylamide (LSD)

63

Marihuana

500,000

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

13,964,000

Cocaine

251,000

Codeine (for sale)

43,248,000

Codeine (for conversion)

59,051,000

Dextropropoxyphene

153,380,000

Dihydrocodeine

334,000

Diphenoxylate

401,000

Ecgonine

51,000

Ethylmorphine

12

Fentanyl

440,000

Glutethimide

2

Hydrocodone (for sale)

23,825,000

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

Metazocine

1

Methadone (for sale)

12,705,000

Methadone (for conversion)

60,000

Methadone Intermediate

18,004,000

Methamphetamine

*3,211,000

Methylphenidate

17,618,000

Morphine (for sale)

15,615,000

Morphine (for conversion)

110,774,000

Nabilone

2

Noroxymorphone (for sale)

25,000

Noroxymorphone (for conversion)

4,500,000

Opium

630,000

Oxycodone (for sale)

46,680,000

Oxycodone (for conversion)

449,000

Oxymorphone

264,000

Pentobarbital

27,728,000

Phencyclidine

40

Phenmetrazine

2

Phenylacetone

801,000

Secobarbital

1,946,000

Sufentanil

1,700

Thebaine

67,446,000

* 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 75,000 grams for methamphetamine (for sale).

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

Dated: October 4, 2001.

Asa Hutchinson,

Administrator.

[FR Doc. 01-25761 Filed 10-12-01; 8:45 am]

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