[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Page 19090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10616]



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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[DEA # 144W]


Controlled Substances: 1996 Aggregate Production Quotas

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Withdrawal of an interim notice regarding levorphanol and 
establishment of the revised 1996 aggregate production quota for 
heroin.

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SUMMARY: DEA is withdrawing the portion of the interim notice published 
on March 18, 1996 (61 FR 11063) which established the revised 1996 
aggregate production quota for levorphanol, and is adopting without 
change the revised 1996 aggregate production quota for heroin.

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 DEA 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 of the DEA pursuant to Section 0.104 of 
Title 28 of the Code of Federal Regulations.
    On March 18, 1996, an interim notice establishing revised 1996 
aggregate production quotas for heroin and levorphanol was published in 
the Federal Register (61 FR 11063). The basis for the proposed increase 
in the levorphanol aggregate production quota was that there was only 
one bulk manufacturer of levorphanol. A comment was filed that pointed 
out that there is more than one manufacturer of levorphanol. Given that 
this was the basis for the increase in the levorphanol aggregate 
production quota, DEA is withdrawing the revised 1996 aggregate 
production quota for levorphanol.
    No comments were received regarding heroin, therefore, the revised 
1996 aggregate production quota for heroin is adopted without change.
    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.
    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 
revised 1996 aggregate production quota for heroin be established at 5 
grams, expressed as anhydrous base.

    Dated: April 24, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-10616 Filed 4-29-96; 8:45 am]
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