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 Department of Justice Drug Enforcement Administration [Docket No. DEA-318F]
 AGENCY: Drug Enforcement Administration (DEA), Justice.
 ACTION: Notice of final aggregate production quotas for 2010.
 SUMMARY: This notice establishes final 2010 aggregate production quotas for controlled substances in schedules I and II of the Controlled Substances Act (CSA). DEA has taken into consideration comments received in response to a notice of the proposed revised aggregate production quotas for 2010 published June 23, 2010 (75 FR 35838).
 DATES: *Effective Date:*
                         September 14, 2010.
 FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug and Chemical Evaluation Section, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152, Telephone: (202) 307-7183.


SUPPLEMENTARY INFORMATION: Section 306 of the CSA (21 U.S.C. 826) requires that the Attorney General establish aggregate production quotas for each basic class of controlled substance listed in schedules I and II. This responsibility has been delegated to the Administrator of the DEA by 28 CFR 0.100. The Administrator, in turn, has redelegated this function to the Deputy Administrator, pursuant 28 CFR 0.104. The 2010 aggregate production quotas represent those quantities of controlled substances in schedules I and II that may be produced in the United States in 2010 to provide adequate supplies of each substance for: The estimated medical, scientific, research and industrial needs of the United States; lawful export requirements; and the establishment and maintenance of reserve stocks (21 U.S.C. 826(a) and 21 CFR 1303.11). These quotas do not include imports of controlled substances. On June 23, 2010, a notice of the proposed revised 2010 aggregate production quotas for certain controlled substances in schedules I and II was published in the 
                    **Federal Register**
                     (75 FR 35838). All interested persons were invited to comment on or object to these proposed aggregate production quotas on or before July 23, 2010. Fourteen companies, thirteen DEA registered manufacturers and one non-registrant, commented on a total of 28 schedules I and II controlled substances within the published comment period. Comments received proposed that the aggregate production quotas for alfentanil, amphetamine (for conversion), amphetamine (for sale), codeine (for conversion), codeine (for sale), dextropropoxyphene, dihydromorphine, diphenoxylate, gamma hydroxybutyric acid, hydrocodone, hydromorphone, lisdexamfetamine, meperidine, methadone, methylphenidate, morphine (for conversion), morphine (for sale), nabilone, opium (tincture), oxycodone (for conversion), oxycodone (for sale), oxymorphone (for sale), remifentanil, sufentanil, tapentadol, tetrahydrocannabinols, thebaine and tilidine were insufficient to provide for the estimated medical, scientific, research, and industrial needs of the United States, for export requirements and for the establishment and maintenance of reserve stocks. DEA has taken into consideration the above comments along with the relevant 2009 year-end inventories, initial 2010 manufacturing quotas, 2010 export requirements, actual and projected 2010 sales, research, product development requirements and additional applications received. Based on this information, the DEA has adjusted the final 2010 aggregate production quotas for alfentanil, amphetamine (for conversion), amphetamine (for sale), carfentanil, dihydromorphine, diphenoxylate, marihuana, morphine (for sale), noroxymorphone (for sale), opium (tincture), oxycodone (for conversion), oxycodone (for sale), oxymorphone (for conversion), oxymorphone (for sale), tapentadol, tetrahydrocannabinols, and tilidine. 4-anilino-N-phenethyl-4-piperidine (ANPP) pursuant to DEA's final rule published in the 
                    **Federal Register**
                     on June 29, 2010 (75 FR 37295) will be controlled as a schedule II controlled substance on August 30, 2010. As such, DEA has established an aggregate production quota for ANPP to meet the estimated medical, scientific, research, and industrial needs of the United States; lawful export requirements; and the establishment and maintenance of reserve stocks. Regarding codeine (for conversion), codeine (for sale), dextropropoxyphene, gamma hydroxybutyric acid, hydrocodone, hydromorphone, lisdexamfetamine, meperidine, methadone, methylphenidate, morphine (for conversion), nabilone, remifentanil, sufentanil, and thebaine, DEA has determined that the proposed revised 2010 aggregate production quotas are sufficient to meet the current 2010 estimated medical, scientific, research, and industrial needs of the United States and to provide for adequate inventories. Therefore, under the authority vested in the Attorney General by Section 306 of the CSA (21 U.S.C. 826), and delegated to the Administrator of the DEA by 28 CFR 0.100, and redelegated to the Deputy Administrator, pursuant to 28 CFR 0.104, the Deputy 
                    ( print page 55829)
                    Administrator hereby orders that the 2010 final aggregate production quotas for the following controlled substances, expressed in grams of anhydrous acid or base, be established as follows: Basic class
Final revised
                             2010 quotas**Schedule I**2,5-Dimethoxyamphetamine
2 g2,5-Dimethoxy-4-ethylamphetamine (DOET)
2 g3-Methylfentanyl
2 g3-Methylthiofentanyl
2 g3,4-Methylenedioxyamphetamine (MDA)
20 g3,4-Methylenedioxy-N-ethylamphetamine (MDEA)
10 g3,4-Methylenedioxymethamphetamine (MDMA)
20 g3,4,5-Trimethoxyamphetamine
2 g4-Bromo-2,5-dimethoxyamphetamine (DOB)
2 g4-Bromo-2,5-dimethoxyphenethylamine (2-CB)
2 g4-Methoxyamphetamine
77 g4-Methylaminorex
2 g4-Methyl-2,5-dimethoxyamphetamine (DOM)
2 g5-Methoxy-3,4-methylenedioxyamphetamine
2 gAcetyl-alpha-methylfentanyl
2 gAcetyldihydrocodeine
2 gAcetylmethadol
2 gAllylprodine
2 gAlphacetylmethadol
2 gAlpha-ethyltryptamine
2 gAlphameprodine
2 gAlphamethadol
2 gAlpha-methylfentanyl
2 gAlpha-methylthiofentanyl
2 gAlpha-methyltryptamine (AMT)
2 gAminorex
2 gBenzylmorphine
2 gBetacetylmethadol
2 gBeta-hydroxy-3-methylfentanyl
2 gBeta-hydroxyfentanyl
2 gBetameprodine
2 gBetamethadol
2 gBetaprodine
2 gBufotenine
3 gCathinone
3 gCodeine-N-oxide
602 gDiethyltryptamine
2 gDifenoxin
3,000 gDihydromorphine
3,608,000 gDimethyltryptamine
3 gGamma-hydroxybutyric acid
52,156,000 gHeroin
20 gHydromorphinol
2 gHydroxypethidine
2 gIbogaine
1 gLysergic acid diethylamide (LSD)
15 gMarihuana
21,000 gMescaline
5 gMethaqualone
7 gMethcathinone
4 gMethyldihydromorphine
2 gMorphine-N-oxide
605 gN-Benzylpiperazine
2 gN,N-Dimethylamphetamine
2 gN-Ethylamphetamine
2 gN-Hydroxy-3,4-methylenedioxyamphetamine
2 gNoracymethadol
2 gNorlevorphanol
52 gNormethadone
2 gNormorphine
16 gPara-fluorofentanyl
2 gPhenomorphan
2 gPholcodine
2 gPsilocybin
2 gPsilocyn
2 gTetrahydrocannabinols
264,000 gThiofentanyl
2 g( print page 55830)Tilidine
10 gTrimeperidine
2 g**Schedule II**1-Phenylcyclohexylamine
2 g4-anilino-N-phenethyl-4-piperidine (ANPP)
1,100,000 gAlfentanil
8,000 gAlphaprodine
2 gAmobarbital
3 gAmphetamine (for conversion)
7,500,000 gAmphetamine (for sale)
18,600,000 gCarfentanil
200 gCocaine
247,000 gCodeine (for conversion)
65,000,000 gCodeine (for sale)
39,605,000 gDextropropoxyphene
92,000,000 gDihydrocodeine
800,000 gDiphenoxylate
827,000 gEcgonine
83,000 gEthylmorphine
2 gFentanyl
1,428,000 gGlutethimide
2 gHydrocodone
55,000,000 gHydromorphone
3,455,000 gIsomethadone
11 gLevo-alphacetylmethadol (LAAM)
3 gLevomethorphan
5 gLevorphanol
10,000 gLisdexamfetamine
9,000,000 gMeperidine
6,600,000 gMeperidine Intermediate-A
3 gMeperidine Intermediate-B
7 gMeperidine Intermediate-C
3 gMetazocine
1 gMethadone
20,000,000 gMethadone Intermediate
26,000,000 gMethamphetamine
3,130,000 g750,000 g of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,331,000 g for methamphetamine (for conversion) mostly for conversion to a schedule III product; and 49,000 g for methamphetamine (for sale)Methylphenidate
50,000,000 gMorphine (for conversion)
83,000,000 gMorphine (for sale)
39,000,000 gNabilone
9,002 gNoroxymorphone (for conversion)
9,000,000 gNoroxymorphone (for sale)
41,000 gOpium (powder)
230,000 gOpium (tincture)
1,500,000 gOripavine
15,000,000 gOxycodone (for conversion)
5,600,000 gOxycodone (for sale)
105,500,000 gOxymorphone (for conversion)
12,800,000 gOxymorphone (for sale)
3,070,000 gPentobarbital
28,000,000 gPhenazocine
1 gPhencyclidine
14 gPhenmetrazine
2 gPhenylacetone
12,500,001 gRacemethorphan
2 gRemifentanil
2,500 gSecobarbital
67,000 gSufentanil
7,000 gTapentadol
1,000,000 gThebaine
126,000,000 g
 The Deputy Administrator further orders that the aggregate production quotas for all other schedule I and II controlled substances included in 21 CFR 1308.11 and 1308.12 shall be zero. The Office of Management and Budget has determined that notices of aggregate production quotas are not subject to 
                    ( print page 55831)
                    centralized review under Executive Order 12866. This action does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. Accordingly, this action does not have federalism implications warranting the application of Executive Order 13132. 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 aggregate production quotas for schedules I and II controlled substances is mandated by law and by international treaty obligations. The quotas are necessary to provide for the estimated medical, scientific, research and industrial needs of the United States, for export requirements and the establishment and maintenance of reserve stocks. 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. This action meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. This action will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $126,400,000 or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. This action is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This action will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Dated: September 2, 2010. Michele M. Leonhart, Deputy Administrator.


[FR Doc. 2010-22785 Filed 9-13-10; 8:45 am] BILLING CODE 4410-09-P