Date="07/19/94" Citation="59 FR 36784" Group="legal" Type="NOTICE" Department="DEPARTMENT OF JUSTICE" Agency="DRUG ENFORCEMENT ADMINISTRATION (DEA), JUSTICE" Subject="Controlled Substances: Established Revised 1994 Aggregate Production Q uotas"

------------------------------------------------------------ Drug Enforcement Administration Controlled Substances: Established Revised 1994 Aggregate Production Quotas AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Interim rule establishing 1994 aggregate production quotas and request for comments.

------------------------------------------------------------ Drug Enforcement Administration Controlled Substances: Established Revised 1994 Aggregate Production Quotas AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Interim rule establishing 1994 aggregate production quotas and request for comments. + ------------------------------------------------------------ SUMMARY: This interim rule establishes revised 1994 aggregate production quotas for some controlled substances in Schedules I and II, as required under the Controlled Substances Act of 1970. DATES: This is effective on July 19, 1994. Comments must be submitted on or before August 18, 1994. ADDRESSES: Send comments or objections to the Administrator, Drug Enforcement Administration, Washington, DC 20537, Attn: DEA Federal Register Representative/CCR. FOR FURTHER INFORMATION CONTACT: Howard McClain, Jr., Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, (202) 307-7183. SUPPLEMENTARY INFORMATION: Section 306 of the Controlled Substances Act, (21 U.S.C. 826), requires the Attorney General to establish aggregate production quotas for controlled substances in Schedules I and II each year. This responsibility has been delegated to the Administrator of the Drug Enforcement Administration pursuant to 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 59 FR 23637 (May 6, 1994). On October 8, 1993 and January 3, 1994, DEA published notices establishing initial 1994 aggregate production quotas for controlled substances in Schedules I and II in the Federal Register (58 FR 52508 and 59 FR 96 respectively). In accordance with Title 21, Code of Federal Regulations, section 1303.13, the Deputy Administrator, after consideration of all relevant factors, may adjust aggregate production quotas if needed. On April 13, 1994, DEA published a notice proposing revised 1994 aggregate production quotas for some controlled substances in Schedules I and II in the Federal Register (59 FR 17568). All interested persons were invited to comment on or object to those proposed aggregate production quotas on or before May 13, 1994. Since publication of the proposed revised 1994 aggregate production quotas, information has been submitted which necessitates increases for other controlled substances. Because these increases are immediately required to meet the 1994 year-end medical needs of the United States, an interim rule is being established. Based on a review of 1993 year-end inventories, 1994 manufacturing quotas, actual and projected 1994 sales, export requirements and other information available to the DEA, the Deputy Administrator of the DEA, 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 by section 0.100 of Title 28 of the Code of Federal Regulations, and redelegated to the Deputy Administrator pursuant to 59 FR 23637 (May 6, 1994), hereby establishes the following revised 1994 aggregate production quotas for the listed controlled substances, expressed in grams of anhydrous base: -------------------------------------------------------------+---------------- | Established Basic class | revised 1994 | quotas -------------------------------------------------------------+---------------- | Schedule I: | Cathinone.................................................. | 4 3,4-Methylenedioxy | 14 methamphetamine | Schedule II: | Dextropropoxyphene......................................... | 123,398,000 Hydrocodone................................................ | 8,344,000 Hydromorphone.............................................. | 407,000 Noroxymorphone (for conversion)............................ | 1,781,000 Phenylacetone (for conversion)............................. | 3,352,000 -------------------------------------------------------------+---------------- All interested persons are invited to submit their comments in writing regarding this interim rule. A person may comment on any of the above mentioned substances without filing comments regarding the others. 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 has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that this matter does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. 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 annual aggregate production quotas for Schedules I and II controlled substances is mandated by law and by international treaty obligations. 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. Dated: July 13, 1994. Stephen H. Greene, Deputy Administrator. [FR Doc. 94-17418 Filed 7-18-94; 8:45 am] BILLING CODE 4410-09-M ------------------------------------------------------ The Contents entry for this article reads as follows: Schedules of controlled substances; production quotas: Schedules I and II- 1994 aggregate, 36784