# Proposed Adjustments to the Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2016

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-17371

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** July 22, 2016
- **Citation:** 81 FR 47829

## Text

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-420P]
Proposed Adjustments to the Aggregate Production Quotas for Schedule I and II Controlled Substances and Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2016

AGENCY:

Drug Enforcement Administration, Department of Justice.

ACTION:

Notice with request for comments.

SUMMARY:

The Drug Enforcement Administration (DEA) proposes to adjust the 2016 aggregate production quotas for several controlled substances in schedules I and II of the Controlled Substances Act and assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine.

DATES:

Interested persons may file written comments on this notice in accordance with 21 CFR 1303.13(c) and 1315.13(d). Electronic comments must be submitted, and written comments must be postmarked, on or before August 22, 2016. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.

Based on comments received in response to this notice, the Administrator may hold a public hearing on one or more issues raised. In the event the Administrator decides in his sole discretion to hold such a hearing, the Administrator will publish a notice of any such hearing in the
Federal Register
. After consideration of any comments or objections, or after a hearing, if one is held, the Administrator will publish in the

Federal Register
a final order establishing the 2016 adjusted aggregate production quotas for schedule I and II controlled substances, and an assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine.

ADDRESSES:

To ensure proper handling of comments, please reference “Docket No. DEA-420P” on all correspondence, including any attachments. The Drug Enforcement Administration encourages that all comments be submitted electronically through the Federal eRulemaking Portal which provides the ability to type short comments directly into the comment field on the Web page or attach a file for lengthier comments. Please go to
http://www.regulations.gov
and follow the online instructions at that site for submitting comments. Upon completion of your submission you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on
Regulations.gov
. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment. Paper comments that duplicate electronic submissions are not necessary and are discouraged. Should you wish to mail a paper comment
in lieu
of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152.

FOR FURTHER INFORMATION CONTACT:

Michael J. Lewis, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152, Telephone: (202) 598-6812.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

Please note that all comments received in response to this docket are considered part of the public record. They will, unless reasonable cause is given, be made available by the Drug Enforcement Administration (DEA) for public inspection online at
http://www.regulations.gov.
Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter.

The Freedom of Information Act (FOIA) applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted.

If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment.

Comments containing personal identifying information or confidential business information identified and located as directed above will generally be made available in redacted form. If a comment contains so much confidential business information or personal identifying information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to
http://www.regulations.gov
may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential.

An electronic copy of this document is available at
http://www.regulations.gov
for easy reference.

Legal Authority and Background

Section 306 of the Controlled Substances Act (CSA) (21 U.S.C. 826) requires the Attorney General to establish aggregate production quotas for each basic class of controlled substance listed in schedules I and II and for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine. The Attorney General has delegated this function to the Administrator of the DEA pursuant to 28 CFR 0.100.

The DEA established the 2016 aggregate production quotas for substances in schedules I and II and the assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine on October 6, 2015 (80 FR 60400). That notice stipulated that, in accordance with 21 CFR 1303.13 and 1315.13, all aggregate production quotas and assessments of annual need are subject to adjustment.

Analysis for Proposed Adjusted 2016 Aggregate Production Quotas and Assessment of Annual Needs

The DEA proposes to adjust the established 2016 aggregate production quotas and assessment of annual needs for certain schedule I and II controlled substances, and the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine, to be manufactured in the United States in 2016 to provide for the estimated medical, scientific, research, and industrial needs of the United States, for lawful export requirements, and for the establishment and maintenance of reserve stocks. These quotas do not include imports of controlled substances for use in industrial processes.

In determining the proposed adjustment, the Acting Administrator has taken into account the criteria in accordance with 21 CFR 1303.13 (adjustment of aggregate production quotas for controlled substances) and 21 CFR 1315.13 (adjustment of the assessment of annual needs for ephedrine, pseudoephedrine, and phenylpropanolamine). The DEA determined whether to propose an adjustment of the aggregate production quotas and assessment of annual needs for 2016 by considering: (1) Changes in the demand for that class or chemical, changes in the national rate of net disposal of the class or chemical, and changes in the rate of net disposal of the class or chemical by registrants holding individual manufacturing quotas for the class; (2) whether any increased demand for that class or chemical, the national and/or individual rates of net disposal of that class or chemical are temporary, short term, or long term; (3) whether any increased demand for that class or chemical can be met through existing inventories, increased individual manufacturing quotas, or increased importation, without increasing the aggregate production quota; (4) whether any decreased demand for that class or chemical will result in excessive inventory accumulation by all persons registered to handle that class or chemical; and (5) other factors affecting medical, scientific, research, and industrial needs in the United States and lawful export requirements, as the Acting Administrator finds relevant. These quotas do not include imports of controlled substances for use in industrial processes.

The Acting Administrator also considered updated information obtained from 2015 year-end inventories, 2015 disposition data submitted by quota applicants,

estimates of the medical needs of the United States, product development, and other information made available to the DEA after the initial aggregate production quotas and assessment of annual needs had been established. Other factors the Acting Administrator considered in calculating the aggregate production quotas, but not the assessment of annual needs, include product development requirements of both bulk and finished dosage form manufacturers, and other pertinent information. In determining the proposed adjusted 2016 assessment of annual needs, the DEA used the calculation methodology previously described in the 2010 and 2011 established assessment of annual needs (74 FR 60294, Nov. 20, 2009, and 75 FR 79407, Dec. 20, 2010, respectively).

As described in the previously published notice establishing the 2016 aggregate production quotas and assessment of annual needs, the DEA has specifically considered that inventory allowances granted to individual manufacturers, 21 CFR 1303.24, may not always result in the availability of sufficient quantities to maintain an adequate reserve stock pursuant to 21 U.S.C. 826(a), as intended. This would be concerning if a natural disaster or other unforeseen event resulted in substantial disruption to the amount of controlled substances available to provide for legitimate public need. As such, the DEA has included in all proposed adjusted schedule II controlled substance aggregate production quotas, and certain proposed adjusted schedule I controlled substance aggregate production quotas, an additional 25% of the estimated medical, scientific, and research needs as part of the amount necessary to ensure the establishment and maintenance of reserve stocks. The resulting adjusted established aggregate production quotas will reflect these included amounts. This action will not affect the ability of manufacturers to maintain inventory allowances as specified by regulation. The DEA expects that maintaining this reserve in certain established aggregate production quotas will mitigate adverse public effects if an unforeseen event resulted in substantial disruption to the amount of controlled substances available to provide for legitimate public need, as determined by the DEA. The DEA does not anticipate utilizing the reserve in the absence of these circumstances.

The Acting Administrator, therefore, proposes that the year 2016 aggregate production quotas for the two temporarily scheduled substances be established, and to adjust the 2016 aggregate production quotas for certain schedule I and II controlled substances and assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine, expressed in grams of anhydrous acid or base, as follows:

Basic class

Established
2016
quotas

(g)

Proposed
revised 2016
quotas

(g)

Temporarily Scheduled Substances

beta
-Hydroxythiofentanyl

N/A
30.

Butyryl fentanyl
N/A
30.

Schedule I

[1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (THJ-2201)
15
no change.

1-(1-Phenylcyclohexyl)pyrrolidine
10
no change.

1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201)
45
no change.

1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694)
45
no change.

1-[1-(2-Thienyl)cyclohexyl]piperidine
15
no change.

1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)
45
no change.

1-Benzylpiperazine
25
no change.

1-Butyl-3-(1-naphthoyl)indole (JWH-073)
45
no change.

1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8)
45
no change.

1-Hexyl-3-(1-naphthoyl)indole (JWH-019)
45
no change.

1-Methyl-4-phenyl-4-propionoxypiperidine
2
no change.

1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678)
45
no change.

1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203)
45
no change.

1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250)
45
no change.

1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398)
45
no change.

1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122)
45
no change.

1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19, RCS-4)
45
no change.

1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081)
45
no change.

2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E)
30
no change.

2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
30
no change.

2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N)
30
no change.

2-(2,5-Dimethoxy-4-n-propylphenyl)ethanamine (2C-P)
30
no change.

2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
30
no change.

2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36)
25
no change.

2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
30
no change.

2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82)
25
no change.

2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
30
no change.

2-(4-Iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5)
15
no change.

2,5-Dimethoxy-4-ethylamphetamine (DOET)
25
no change.

2,5-Dimethoxy-4-n-propylthiophenethylamine
25
no change.

2,5-Dimethoxyamphetamine
25
no change.

2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)
30
no change.

2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
30
no change.

3,4,5-Trimethoxyamphetamine
25
no change.

3,4-Methylenedioxyamphetamine (MDA)
55
no change.

3,4-Methylenedioxymethamphetamine (MDMA)
50
no change.

3,4-Methylenedioxy-N-ethylamphetamine (MDEA)
40
no change.

3,4-Methylenedioxy-N-methylcathinone (methylone)
50
no change.

3,4-Methylenedioxypyrovalerone (MDPV)
35
no change.

3-FMC; 3-Fluoro-N-methylcathinone
25
no change.

3-Methylfentanyl
2
no change.

3-Methylthiofentanyl
2
no change.

4-Bromo-2,5-dimethoxyamphetamine (DOB)
25
no change.

4-Bromo-2,5-dimethoxyphenethylamine (2-CB)
25
no change.

4-FMC; Flephedrone
25
no change.

4-Methoxyamphetamine
150
no change.

4-Methyl-2,5-dimethoxyamphetamine (DOM)
25
no change.

4-Methylaminorex
25
no change.

4-MEC; 4-Methyl-N-ethylcathinone
25
no change.

4-Methyl-N-methylcathinone (mephedrone)
45
no change.

4-Methyl-α-pyrrolidinopropiophenone (4-MePPP)
25
no change.

5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
68
50.

5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog)
53
40.

5-Fluoro-UR144, XLR11
25
no change.

5-Methoxy-3,4-methylenedioxyamphetamine
25
no change.

5-Methoxy-N,N-diisopropyltryptamine
25
no change.

5-Methoxy-N,N-dimethyltryptamine
25
no change.

AB-PINACA
15
no change.

Acetyl-
alpha
-methylfentanyl

2
no change.

Acetyldihydrocodeine
2
no change.

Acetylmethadol
2
no change.

AH-7921
N/A
30.

Allylprodine
2
no change.

alpha-
Ethyltryptamine

25
no change.

alpha
-Methylfentanyl

2
no change.

alpha
-Methylthiofentanyl

2
no change.

alpha
-Methyltryptamine (AMT)

25
no change.

alpha
-Pyrrolidinobutiophenone (α-PBP)

25
no change.

alpha
-Pyrrolidinopentiophenone (α-PVP)

25
no change.

Alphacetylmethadol
2
no change.

Alphameprodine
2
no change.

Alphamethadol
2
no change.

Aminorex
25
no change.

APINCA, AKB48
25
no change.

Benzylmorphine
2
no change.

beta
-Hydroxy-3-methylfentanyl

2
no change.

beta
-Hydroxyfentanyl

2
no change.

Betacetylmethadol
2
no change.

Betameprodine
2
no change.

Betamethadol
4
no change.

Betaprodine
2
no change.

Bufotenine
3
no change.

Butylone
25
no change.

Cathinone
70
30.

Codeine methylbromide
5
no change.

Codeine-N-oxide
305
no change.

Desomorphine
25
no change.

Diethyltryptamine
25
no change.

Difenoxin
11,000
no change.

Dihydromorphine
3,000,000
2,000,000.

Dimethyltryptamine
35
no change.

Dipipanone
5
no change.

Fenethylline
5
no change.

gamma
-Hydroxybutyric acid

70,250,000
no change.

Heroin
50
no change.

Hydromorphinol
2
no change.

Hydroxypethidine
2
no change.

Ibogaine
5
no change.

Lysergic acid diethylamide (LSD)
40
no change.

Marihuana
658,000
no change.

Mescaline
25
no change.

Methaqualone
10
no change.

Methcathinone
25
no change.

Methyldesorphine
5
no change.

Methyldihydromorphine
2
no change.

Morphine methylbromide
5
no change.

Morphine methylsulfonate
5
no change.

Morphine-N-oxide
350
no change.

N,N-Dimethylamphetamine
25
no change.

N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA)
50
no change.

N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA)
50
no change.

N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA)
15
no change.

N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl)
100
no change.

N-Ethyl-1-phenylcyclohexylamine
5
no change.

N-Ethylamphetamine
24
no change.

N-Hydroxy-3,4-methylenedioxyamphetamine
24
no change.

Naphyrone
25
no change.

Noracymethadol
2
no change.

Norlevorphanol
52
no change.

Normethadone
2
no change.

Normorphine
40
no change.

Para-fluorofentanyl
5
no change.

Parahexyl
5
no change.

Pentedrone
25
no change.

Pentylone
25
no change.

Phenomorphan
2
no change.

Pholcodine
5
no change.

Psilocybin
30
no change.

Psilocyn
50
no change.

Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22)
50
25.

Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC)
50
25.

Tetrahydrocannabinols
511,250
no change.

Thiofentanyl
2
no change.

Tilidine
25
no change.

Trimeperidine
2
no change.

UR-144
25
no change.

Schedule II

1-Phenylcyclohexylamine
5
no change.

1-Piperidinocyclohexanecarbonitrile
5
no change.

4-Anilino-N-phenethyl-4-piperidine (ANPP)
2,950,000
2,250,000.

Alfentanil
17,750
no change.

Alphaprodine
3
no change.

Amobarbital
25,125
no change.

Amphetamine (for conversion)
15,000,000
no change.

Amphetamine (for sale)
39,705,000
45,000,000.

Carfentanil
19
no change.

Cocaine
200,000
no change.

Codeine (for conversion)
50,000,000
no change.

Codeine (for sale)
63,900,000
no change.

Dextropropoxyphene
19
no change.

Dihydrocodeine
226,375
no change.

Dihydroetorphine
3
no change.

Diphenoxylate (for conversion)
31,250
18,750.

Diphenoxylate (for sale)
1,337,500
no change.

Ecgonine
125,000
no change.

Ethylmorphine
3
5.

Etorphine hydrochloride
3
no change.

Fentanyl
2,300,000
no change.

Glutethimide
3
no change.

Hydrocodone (for conversion)
235,000
177,500.

Hydrocodone (for sale)
88,500,000
86,000,000.

Hydromorphone
8,250,000
7,000,000.

Isomethadone
5
no change.

Levo-alphacetylmethadol (LAAM)
4
no change.

Levomethorphan
30
33.

Levorphanol
7,125
no change.

Lisdexamfetamine
29,750,000
23,750,000.

Meperidine
5,450,000
4,632,500.

Meperidine Intermediate-A
6
no change.

Meperidine Intermediate-B
11
no change.

Meperidine Intermediate-C
6
no change.

Metazocine
19
no change.

Methadone (for sale)
31,875,000
no change.

Methadone Intermediate
34,375,000
no change.

Methamphetamine
2,061,375
no change.

[1,250,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 750,000 grams for methamphetamine mostly for conversion to a schedule III product; and 61,375 grams for methamphetamine (for sale)]

Methylphenidate
96,750,000
84,375,000.

Morphine (for conversion)
91,250,000
no change.

Morphine (for sale)
62,500,000
no change.

Nabilone
18,750
no change.

Noroxymorphone (for conversion)
17,500,000
no change.

Noroxymorphone (for sale)
1,475,000
625,000.

Opium (powder)
112,500
no change.

Opium (tincture)
687,500
375,000.

Oripavine
30,000,000
no change.

Oxycodone (for conversion)
6,250,000
5,000,000.

Oxycodone (for sale)
139,150,000
no change.

Oxymorphone (for conversion)
29,000,000
25,000,000.

Oxymorphone (for sale)
7,750,000
6,250,000.

Pentobarbital
38,125,000
no change.

Phenazocine
6
no change.

Phencyclidine
50
no change.

Phenmetrazine
3
no change.

Phenylacetone
50
no change.

Racemethorphan
3
5.

Racemorphan
3
no change.

Remifentanil
3,750
no change.

Secobarbital
215,003
no change.

Sufentanil
6,255
no change.

Tapentadol
25,500,000
no change.

Thebaine
125,000,000
no change.

List I Chemicals

Ephedrine (for conversion)
100,000
50,000.

Ephedrine (for sale)
4,000,000
no change.

Phenylpropanolamine (for conversion)
22,400,000
15,000,000.

Phenylpropanolamine (for sale)
8,500,000
no change.

Pseudoephedrine (for conversion)
7,000
40.

Pseudoephedrine (for sale)
224,500,000
200,000,000.

The Acting Administrator further proposes that aggregate production quotas for all other schedule I and II controlled substances included in 21 CFR 1308.11 and 1308.12 remain at zero. In accordance with 21 CFR 1303.13 and 21 CFR 1315.13, upon consideration of the relevant factors, the Acting Administrator may adjust the 2016 aggregate production quotas and assessment of annual needs as needed.

Conclusion

After consideration of any comments or objections, or after a hearing, if one is held, the Acting Administrator will issue and publish in the
Federal Register
a final order establishing any adjustment of 2016 aggregate production quota for each basic class of controlled substances in schedules I and II and established assessment of annual needs for the list I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine, 21 CFR 1303.13(c) and 1315.13(f).

Dated: July 14, 2016.
Chuck Rosenberg,
Acting Administrator.

[FR Doc. 2016-17371 Filed 7-21-16; 8:45 am]
BILLING CODE 4410-09-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-17371. Public record. Not legal advice.