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RESOURCES > Federal Register Notices > Quotas - 2016 > 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

Quotas - 2016

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47829-47834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17371]


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

[[Page 47830]]

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,

[[Page 47831]]

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

[[Page 47834]]

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]

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