Notices. Notice of aggregate production quotas for 2006

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BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Drug Enforcement Administration [DEA # 270E] Controlled Substances: Established Initial Aggregate Production Quotas for 2006 AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Notice of aggregate production quotas for 2006. SUMMARY: This notice establishes initial 2006 aggregate production quotas for controlled substances in Schedules I and II of the Controlled Substances Act (CSA). DATES: Effective Date: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug & Chemical Evaluation Section, Drug Enforcement Administration, Washington, DC 20537, 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 to 28 CFR 0.104. The 2006 aggregate production quotas represent those quantities of controlled substances that may be produced in the United States in 2006 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 for use in industrial processes. On October 21, 2005, a notice of the proposed initial 2006 aggregate production quotas for certain controlled substances in Schedules I and II was published in the **Federal Register** (FR 61310). All interested persons were invited to comment on or object to these proposed aggregate production quotas on or before November 14, 2005. Eight responses were received resulting in comments on a total of 24 Schedule I and II controlled substances within the published comment period. The responses commented that the proposed aggregate production quotas for 4-methoxyamphetamine, amphetamine, codeine (for conversion), codeine (for sale), difenoxin, dihydrocodeine, dihydromorphine, diphenoxylate, fentanyl, gamma-hydroxybutyric acid (GHB), hydrocodone, hydromorphone, meperidine, methamphetamine, methylphenidate, morphine, morphine (for conversion), noroxymorphone (for conversion), oxycodone, oxymorphone, pentobarbital, remifentanil, sufentanil and tetrahydrocannabinols 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 2005 manufacturing quotas, current 2005 sales and inventories, 2006 export requirements, additional applications received, and research and product development requirements. Based on this information, the DEA has adjusted the initial aggregate production quotas for 3,4-methylenedioxyamphetamine (MDA), 3,4-methylenedioxy-N-ethylamphetamine (MDEA), 3,4-methylenedioxymethamphetamine (MDMA), 4-methoxyamphetamine, 4-methyl-2,5-dimethoxyamphetamine (DOM), bufotenine, cathinone, codeine-N-oxide, heroin, methaqualone, morphine-N-oxide, normorphine, psilocybin, alfentanil, amobarbital, amphetamine, cocaine, dihydrocodeine, ecgonine, hydrocodone (for sale), levo-alphacetylmethadol (LAAM), levomethorphan, methadone (for sale), methadone intermediate, methamphetamine, methamphetamine (for conversion), noroxymorphone (for conversion), pentobarbital, phencyclidine, remifentanil and sufentanil to meet the legitimate needs of the United States. Regarding codeine (for conversion), codeine (for sale), difenoxin, dihydromorphine, diphenoxylate, fentanyl, gamma-hydroxybutyric acid (GHB), hydromorphone, meperidine, methylphenidate, morphine, morphine (for conversion), oxycodone, oxymorphone, and tetrahydrocannabinols, the DEA has determined that the proposed initial 2006 aggregate production quotas are sufficient to meet the current 2006 estimated medical, scientific, research and industrial needs of the United States. Pursuant to 21 CFR part 1303, the Deputy Administrator of the DEA will, in 2006, adjust aggregate production quotas and individual manufacturing quotas allocated for the year based upon 2005 year-end inventory and actual 2005 disposition data supplied by quota recipients for each basic class of Schedule I or II controlled substance. 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 Administrator hereby orders that the 2006 initial aggregate production quotas for the following controlled substances, expressed in grams of anhydrous acid or base, be established as follows: Established initial 2006 quotas (grams) Basic Class—Schedule I: 2,5-Dimethoxyamphetamine 2,801,000 2,5-Dimethoxy-4-ethylamphetamine

(DOET)2 3-Methylfentanyl 2 3-Methylthiofentanyl 2 3,4-Methylenedioxyamphetamine

(MDA)20 3,4-Methylenedioxy-N-ethylamphetamine

(MDEA)10 3,4-Methylenedioxymethamphetamine

(MDMA)22 3,4,5-Trimethoxyamphetamine 2 4-Bromo-2,5-dimethoxyamphetamine

(DOB)2 4-Bromo-2,5-dimethoxyphenethylamine (2-CB) 2 4-Methoxyamphetamine 77 4-Methylaminorex 2 4-Methyl-2,5-dimethoxyamphetamine

(DOM)12 5-Methoxy-3,4-methylenedioxyamphetamine 2 Acetyl-alpha-methylfentanyl 2 Acetyldihydrocodeine 2 Acetylmethadol 2 Allylprodine 2 Alphacetylmethadol 2 Alpha-ethyltryptamine 2 Alphameprodine 2 Alphamethadol 3 Alpha-methylfentanyl 2 Alpha-methylthiofentanyl 2 Aminorex 2 Benzylmorphine 2 Betacetylmethadol 2 Beta-hydroxy-3-methylfentanyl 2 Beta-hydroxyfentanyl 2 Betameprodine 2 Betamethadol 2 Betaprodine 2 Bufotenine 5 Cathinone 3 Codeine-N-oxide 302 Diethyltryptamine 2 Difenoxin 5,000 Dihydromorphine 1,826,000 Dimethyltryptamine 3 Gamma-hydroxybutyric acid 8,000,000 Heroin 5 Hydromorphinol 2 Hydroxypethidine 2 Lysergic acid diethylamide

(LSD)61 Marihuana 4,500,000 Mescaline 2 Methaqualone 10 Methcathinone 4 Methyldihydromorphine 2 Morphine-N-oxide 310 N,N-Dimethylamphetamine 2 N-Ethylamphetamine 2 N-Hydroxy-3,4-methylenedioxyamphetamine 2 Noracymethadol 2 Norlevorphanol 52 Normethadone 2 Normorphine 16 Para-fluorofentanyl 2 Phenomorphan 2 Pholcodine 2 Psilocybin 7 Psilocyn 7 Tetrahydrocannabinols 312,500 Thiofentanyl 2 Trimeperidine 2 Basic Class—Schedule II: 1-Phenylcyclohexylamine 2 Alfentanil 5,000 Alphaprodine 2 Amobarbital 101,000 Amphetamine 17,000,000 Cocaine 286,000 Codeine (for sale) 39,605,000 Codeine (for conversion) 55,000,000 Dextropropoxyphene 167,365,000 Dihydrocodeine 1,261,000 Diphenoxylate 828,000 Ecgonine 83,000 Ethylmorphine 2 Fentanyl 1,428,000 Glutethimide 2 Hydrocodone (for sale) 41,252,000 Hydrocodone (for conversion) 1,500,000 Hydromorphone 3,300,000 Isomethadone 2 Levo-alphacetylmethadol

(LAAM)6 Levomethorphan 5 Levorphanol 5,000 Meperidine 9,753,000 Metazocine 1 Methadone (for sale) 21,000,000 Methadone Intermediate 26,000,000 Methamphetamine 3,130,000 [680,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,405,000 grams for methamphetamine mostly for conversion to a Schedule III product; and 45,000 grams for methamphetamine (for sale)] Methylphenidate 35,000,000 Morphine (for sale) 35,000,000 Morphine (for conversion) 110,774,000 Nabilone 2 Noroxymorphone (for sale) 1,002 Noroxymorphone (for conversion) 5,600,000 Opium 1,280,000 Oxycodone (for sale) 49,200,000 Oxycodone (for conversion) 920,000 Oxymorphone 534,000 Pentobarbital 20,335,000 Phencyclidine 2,021 Phenmetrazine 2 Racemethorphan 2 Remifentanil 2,700 Secobarbital 2 Sufentanil 6,500 Thebaine 72,453,000 The Deputy Administrator further orders that aggregate production quotas for all other Schedules I and II controlled substances included in 21 CFR 1308.11 and 1308.12 be established at zero. 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 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 $114,000,000 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: December 2, 2005. Michele M. Leonhart, Deputy Administrator. [FR Doc. E5-7110 Filed 12-8-05; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Employee Benefits Security Administration Publication of Year 2005 Form M-1 With Electronic Filing Option, Notice AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Notice on the Availability of the Year 2005 Form M-1 with Electronic Filing Option. SUMMARY: This document announces the availability of the Year 2005 Form M-1, Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception. A copy of this new form is attached. It is substantively identical to the 2004 Form M-1. The Form M-1 may again be filed electronically over the Internet. FOR FURTHER INFORMATION CONTACT: For inquiries regarding the Form M-1 filing requirement, contact Amy J. Turner or Kevin Horahan, Office of Health Plan Standards and Compliance Assistance, at

(202)693-8335. For inquiries regarding how to obtain or file a Form M-1, see the *Supplementary Information* section below. SUPPLEMENTARY INFORMATION: I. Background The Form M-1 is required to be filed under section 101(g) and section 734 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and 29 CFR 2520.101-2. II. The Year 2005 Form M-1 This document announces the availability of the Year 2005 Form M-1, Annual Report for Multiple Employer Welfare Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs). A copy of the new form is attached. This year's Form M-1 is substantively identical to the Year 2004 Form M-1. The electronic filing option has been retained and filers are encouraged to use this method. The Year 2005 Form M-1 is due March 1, 2006, with an extension until May 1, 2006 available. The Employee Benefits Security Administration

(EBSA)is committed to working together with administrators to help them comply with this filing requirement. Additional copies of the Form M-1 are available on the Internet at *http://www.dol.gov/ebsa/forms_requests.html.* In addition, after printing, copies will be available by calling the EBSA toll-free publication hotline at 1-866-444-EBSA (3272). Questions on completing the form are being directed to the EBSA help desk at

(202)693-8360. For questions regarding the electronic filing capability, contact the EBSA computer help desk at

(202)693-8600. Statutory Authority: 29 U.S.C. 1021-1024, 1027, 1029-31, 1059, 1132, 1134, 1135, 1181-1183, 1181 note, 1185, 1185a-b, 1191, 1191a-c; Secretary of Labor's Order No. 1-2003, 68 FR 5374 (February 2, 2003). Signed at Washington, DC, December 1, 2005. Ann L. Combs, Assistant Secretary, Employee Benefits Security Administration. EN09DE05.009 EN09DE05.010 EN09DE05.011 EN09DE05.012 EN09DE05.013 EN09DE05.014 EN09DE05.015 EN09DE05.016 EN09DE05.017 EN09DE05.018 EN09DE05.019 EN09DE05.020 EN09DE05.021 EN09DE05.022 EN09DE05.023 EN09DE05.024 EN09DE05.025 EN09DE05.026 EN09DE05.027 EN09DE05.028 EN09DE05.029 EN09DE05.030 EN09DE05.031 EN09DE05.032 EN09DE05.033 EN09DE05.034 EN09DE05.035 EN09DE05.036 EN09DE05.037 EN09DE05.038 EN09DE05.039 EN09DE05.040 EN09DE05.041 EN09DE05.042 EN09DE05.043 EN09DE05.044 [FR Doc. 05-23755 Filed 12-8-05; 8:45 am]

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