[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17418]


[[Page Unknown]]

[Federal Register: July 19, 1994]


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DEPARTMENT OF JUSTICE
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.

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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                                                    
  methamphetamine.........................................            14
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