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Federal Register / Vol. 72, No.

247 / Thursday, December 27, 2007 / Notices 73367

manufacturing, and procurement Needs. Based on information provided This action meets the applicable
quotas. DEA is required to complete the in the comment, along with information standards set forth in sections 3(a) and
process of issuing individual import, provided by DEA-registered 3(b)(2) of Executive Order 12988 Civil
manufacturing, and procurement quotas manufacturers and importers of these Justice Reform.
prior to January 1, 2008, as quotas are List I chemicals on applications for This action will not result in the
issued for a calendar year. DEA believes individual import, manufacturing, and expenditure by state, local, and tribal
that a shorter comment period was procurement quotas pursuant to DEA governments, in the aggregate, or by the
necessary to review and consider the regulations, DEA has fully addressed the private sector, of $120,000,000 or more
comments received from the public and relevant issues set forth in the comment. (adjusted for inflation) in any one year,
then establish the 2008 Assessment of Therefore, under the authority vested in and will not significantly or uniquely
Annual Needs prior to the end of the the Attorney General by section 306 of affect small governments. Therefore, no
2007 calendar year. the CSA (21 U.S.C. 826), and delegated actions were deemed necessary under
DEA also believes that a 21-day to the Administrator of the DEA by 28 the provisions of the Unfunded
comment period was sufficient given CFR 0.100, and redelegated to the Mandates Reform Act of 1995.
that its proposal was neither complex Deputy Administrator pursuant to 28 This action is not a major rule as
nor technical. DEA notes that two of the CFR 0.104, the Deputy Administrator
2008 assessments proposed were values defined by section 804 of the Small
hereby orders that the 2008 Assessment Business Regulatory Enforcement
initially proposed on October 19, 2006, of Annual Needs for ephedrine,
when DEA proposed the 2007 Fairness Act of 1996 (Congressional
pseudoephedrine, and Review Act). This action will not result
Assessment of Annual Needs, and the phenylpropanolamine, expressed in
other three values were values in an annual effect on the economy of
kilograms of anhydrous acid or base, be $100,000,000 or more; a major increase
significantly higher than the values established as follows:
proposed on October 19, 2006. in costs or prices; or significant adverse
Additionally, DEA notes that interested effects on competition, employment,
Established
persons directly impacted by these 2008 investment, productivity, innovation, or
quotas (i.e., DEA-registered assessment on the ability of United States-based
manufacturers and importers) learned of
List I Chemical of companies to compete with foreign-
annual based companies in domestic and
the factors DEA would consider in the needs
establishment of individual quotas in (kg) export markets.
July when the Interim Final Rule was Dated: December 18, 2007.
published. Many of these factors are set Ephedrine (for sale) .................. 11,500 Michele M. Leonhart,
Ephedrine (for conversion) ....... 128,760
forth by statute; any remaining factors Deputy Administrator.
Pseudoephedrine (for sale) ...... 511,100
parallel the current system which has Phenylpropanolamine (for sale) 5,545 [FR Doc. 07–6218 Filed 12–26–07; 8:45 am]
existed for individual quotas for Phenylpropanolamine (for con- BILLING CODE 4410–09–P
controlled substances essentially since version) ................................. 85,470
the inception of the Controlled
Substances Act. For these reasons, DEA The Office of Management and Budget DEPARTMENT OF JUSTICE
believes that DEA registrants had ample has determined that notices of quotas
time to gather the necessary scientific are not subject to centralized review Drug Enforcement Administration
and technical information that would be under Executive Order 12866.
required to submit substantive Manufacturer of Controlled
This action does not preempt or Substances; Notice of Registration
comments to the proposed 2008 modify any provision of state law; nor
Assessment of Annual Needs. does it impose enforcement By Notice dated September 21, 2007,
Finally, DEA believes that the responsibilities on any state; nor does it and published in the Federal Register
commenter did not proffer any specific diminish the power of any state to on September 27, 2007, (72 FR 54929–
information beyond that which it enforce its own laws. Accordingly, this 54930), Cedarburg Pharmaceuticals,
submitted in its written comments that action does not have any federalism Inc., 870 Badger Circle, Grafton,
would be brought to light if the DEA implications warranting the application Wisconsin 53024, made application by
were to extend the comment period. of Executive Order 13132. renewal to the Drug Enforcement
Withdrawal of 2008 Proposed The Deputy Administrator hereby Administration (DEA) to be registered as
Assessment of Annual Needs certifies that this action will not have a a bulk manufacturer of the basic classes
The commenter requested that the significant economic impact upon a of controlled substances listed in
proposed 2008 Assessment of Annual substantial number of small entities schedules I and II:
Needs be withdrawn and reproposed, whose interests must be considered
presumably based on its comments. under the Regulatory Flexibility Act, 5 Drug Schedule
DEA Response: After considering the U.S.C. 601–612. The establishment of
Assessment of Annual Needs for Tetrahydrocannabinols (7370) ..... I
commenter’s comments, the DEA has Dihydromorphine (9145) ............... I
determined that the request for a ephedrine, pseudoephedrine, and
Dihydrocodeine (9120) ................. II
withdrawal of the proposed 2008 phenylpropanolamine is mandated by Oxycodone (9143) ........................ II
Assessment of Annual Needs is law. The assessments are necessary to Hydromorphone (9150) ................ II
unnecessary for the reasons discussed provide for the estimated medical, Hydrocodone (9193) ..................... II
above. scientific, research and industrial needs Sufentanil (9740) .......................... II
mstockstill on PROD1PC66 with NOTICES

of the United States; for lawful export Fentanyl (9801) ............................ II


Conclusion requirements; and the establishment Remifentanil (9739) ...................... II
DEA has carefully considered the and maintenance of reserve stocks.
comment received from the lone Accordingly, the Deputy Administrator The company plans to manufacture
commenter in connection with the has determined that this action does not the listed controlled substances in bulk
proposed 2008 Assessment of Annual require a regulatory flexibility analysis. for distribution to its customers.

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73368 Federal Register / Vol. 72, No. 247 / Thursday, December 27, 2007 / Notices

No comments or objections have been Drug Schedule consistent with the public interest and
received. DEA has considered the with United States obligations under
factors in 21 U.S.C. 823(a) and Thebaine (9333) ............. II international treaties, conventions, or
determined that the registration of Oxymorphone (9652) ...... II protocols in effect on May 1, 1971, at
Cedarburg Pharmaceuticals, Inc. to Noroxymorphone (9668) II this time. DEA has investigated CIMA
Alfentanil (9737) .............. II
manufacture the listed basic classes of Sufentanil (9740) ............ II
Labs, Inc. to ensure that the company’s
controlled substances is consistent with Fentanyl (9801) ............... II registration is consistent with the public
the public interest at this time. DEA has interest. The investigation has included
investigated Cedarburg Pharmaceuticals, The company plans to manufacture inspection and testing of the company’s
Inc. to ensure that the company’s the listed controlled substances in bulk physical security systems, verification
registration is consistent with the public for distribution to its customers. of the company’s compliance with state
interest. The investigation has included No comments or objections have been and local laws, and a review of the
inspection and testing of the company’s received. DEA has considered the company’s background and history.
physical security systems, verification factors in 21 U.S.C. 823(a) and Therefore, pursuant to 21 U.S.C. 952(a)
of the company’s compliance with state determined that the registration of and 958(a), and in accordance with 21
and local laws, and a review of the Chattem Chemicals, Inc. to manufacture CFR 1301.34, the above named company
company’s background and history. the listed basic classes of controlled is granted registration as an importer of
Therefore, pursuant to 21 U.S.C. 823, substances is consistent with the public the basic class of controlled substance
and in accordance with 21 CFR 1301.33, interest at this time. DEA has listed.
the above named company is granted investigated Chattem Chemicals, Inc. to Dated: December 18, 2007.
registration as a bulk manufacturer of ensure that the company’s registration is Joseph T. Rannazzisi,
the basic classes of controlled consistent with the public interest. The
Deputy Assistant Administrator, Office of
substances listed. investigation has included inspection Diversion Control, Drug Enforcement
Dated: December 17, 2007. and testing of the company’s physical Administration.
Joseph T. Rannazzisi, security systems, verification of the [FR Doc. E7–25038 Filed 12–26–07; 8:45 am]
company’s compliance with state and
Deputy Assistant Administrator, Office of BILLING CODE 4410–09–P
Diversion Control, Drug Enforcement local laws, and a review of the
Administration. company’s background and history.
[FR Doc. E7–25044 Filed 12–26–07; 8:45 am] Therefore, pursuant to 21 U.S.C. 823, DEPARTMENT OF JUSTICE
and in accordance with 21 CFR 1301.33,
BILLING CODE 4410–09–P
the above named company is granted Drug Enforcement Administration
registration as a bulk manufacturer of
DEPARTMENT OF JUSTICE the basic classes of controlled Manufacturer of Controlled
substances listed. Substances; Notice of Registration
Drug Enforcement Administration Dated: December 17, 2007. By Notice dated August 16, 2007, and
Joseph T. Rannazzisi, published in the FEDERAL REGISTER on
Manufacturer of Controlled
Substances; Notice of Registration Deputy Assistant Administrator, Office of August 27, 2007, (72 FR 49021), Cody
Diversion Control, Drug Enforcement Laboratories, 601 Yellowstone Avenue,
By Notice dated August 16, 2007, and Administration. Cody, Wyoming 82414, made
published in the Federal Register on [FR Doc. E7–25040 Filed 12–26–07; 8:45 am] application by renewal to the Drug
August 27, 2007, (72 FR 49020), BILLING CODE 4410–09–P Enforcement Administration (DEA) to
Chattem Chemicals, Inc., 3801 St. Elmo be registered as a bulk manufacturer of
Avenue, Building 18, Chattanooga, the basic classes of controlled
Tennessee 37409, made application by DEPARTMENT OF JUSTICE substances listed in schedule I and II:
renewal to the Drug Enforcement
Administration (DEA) to be registered as Drug Enforcement Administration Drug Schedule
a bulk manufacturer of the basic classes Importer of Controlled Substances;
of controlled substances listed in Dihydromorphine (9145) I
Notice of Registration Amphetamine (1100) ...... II
schedules I and II:
Methamphetamine (1105) II
By Notice dated August 28, 2007 and Amobarbital (2125) ......... II
Drug Schedule published in the Federal Register on Pentobarbital (2270) ....... II
September 10, 2007, (72 FR 51664), Secobarbital (2315) ........ II
4–Methoxyamphetamine I CIMA Labs, Inc., 7325 Aspen Lane, Phenylacetone (8501) ..... II
(7411).
Brooklyn Park, Minnesota 55428 made Cocaine (9041) ............... II
Dihydromorphine (9145) I
Difenoxin (9168) ............. I application by letter to the Drug Codeine (9050) ............... II
Amphetamine (1100) ...... II Enforcement Administration (DEA) to Dihydrocodeine (9120) ... II
Methamphetamine (1105) II be registered as an importer of Nabilone Oxycodone (9143) .......... II
Methylphenidate (1724) .. II (7379), a basic class of controlled Hydromorphone (9150) ... II
Pentobarbital (2270) ....... II Diphenoxylate (9170) ...... II
substance listed in schedule II.
Codeine (9050) ............... II Meperidine (9230) ........... II
The company plans to import the Methadone (9250) .......... II
Dihydrocodeine (9120) ... II basic class of controlled substance for
Oxycodone (9143) .......... II Oxymorphone (9652) ...... II
clinical trials and research. Alfentanil (9737) .............. II
mstockstill on PROD1PC66 with NOTICES

Hydromorphone (9150) ... II No comments or objections have been


Hydrocodone (9193) ....... II Sufentanil (9740) ............ II
Meperidine (9230) ........... II
received. DEA has considered the Fentanyl (9801) ............... II
Dextropropoxyphene, II factors in 21 U.S.C. 823(a) and 952(a)
bulk (non-dosage and determined that the registration of The company plans on manufacturing
forms) (9273). CIMA Labs, Inc. to import the basic the listed controlled substances in bulk
Morphine (9300) ............. II class of controlled substance is for sale to its customers.

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