Importer of Controlled Substances; Correction to Notice of Application, 3417 [E7-1052]

Download as PDF Federal Register / Vol. 72, No. 16 / Thursday, January 25, 2007 / Notices filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Keithley Instruments, Inc., Solon, OH; and PLX Technology, Sunnyvale, CA have been added as parties to this venture. Also, Mapsuka Industries Co., Ltd., Taipei, TAIWAN has withdrawn as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PXI Systems Alliance, Inc. intends to file additional written notifications disclosing all changes in membership. On November 22, 2000, PXI Systems Alliance, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on march 8, 2001 (66 FR 13971). The last notification was filed with the Department on October 5, 2006. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 22, 2006 (71 FR 67642). Patricia A. Brink, Deputy Director of Operations, Antitrust Division. [FR Doc. 07–319 Filed 1–24–07; 8:45 am] regulations, applications to import narcotic raw materials, including raw opium, poppy straw, and concentrate of poppy straw, are not required to be published in the Federal Register. Further, the notice of application, although not required to be published at all, should have stated that ‘‘bulk manufacturers’’ of raw opium, poppy straw, or concentrate of poppy straw may file a written request for a hearing. As explained in the Correction to Notice of Application pertaining to Rhodes Technologies published today, since there are no domestic bulk manufacturers of narcotic raw materials registered with DEA, no registrant has a statutory or regulatory right to a hearing on the application. For the reasons set forth therein, I correct the Notice of Application dated January 23, 2006. I direct the Administrative Law Judge to remove from the agency’s administrative docket the hearing on the application of Cody Laboratories, Inc. to be registered as an importer of narcotic raw materials. Dated: January 18, 2007. Michele M. Leonhart, Deputy Administrator. [FR Doc. E7–1052 Filed 1–24–07; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration BILLING CODE 4410–11–M Importer of Controlled Substances; Correction to Notice of Application DEPARTMENT OF JUSTICE The Drug Enforcement Administration (DEA) is hereby correcting a notice of application that appeared in the Federal Register on April 17, 2006 (71 FR 20729). That document announced the application of Rhodes Technologies to be registered as an importer of raw opium and concentrate of poppy straw. This is the second correction to the original notice of application. This document augments the correction which was published in the Federal Register on May 22, 2006 (71 FR 29354). The April 17, 2006, notice of application incorrectly stated that ‘‘[a]ny manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic classes of controlled substances may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47.’’ Correctly stated, under the Controlled Substances Act (CSA) and DEA regulations, applications to import Drug Enforcement Administration ycherry on PROD1PC64 with NOTICES Importer of Controlled Substances; Correction to Notice of Application The Drug Enforcement Administration (DEA) is hereby correcting a notice of application that appeared in the Federal Register on January 23, 2006 (71 FR 3545). That document announced the application of Cody Laboratories, Inc., to be registered as an importer of raw opium, poppy straw, and concentrate of poppy straw. The January 23, 2006, notice of application incorrectly stated that ‘‘[a]ny manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic classes of controlled substances may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47.’’ Correctly stated, under the Controlled Substances Act (CSA) and DEA VerDate Aug<31>2005 14:58 Jan 24, 2007 Jkt 211001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 3417 narcotic raw materials, including raw opium and concentrate of poppy straw, are not required to be published in the Federal Register. Further, the notice of application, although not required to be published at all, should have stated that ‘‘bulk manufacturers’’ of raw opium or concentrate of poppy straw may file a written request for a hearing. As explained below, since there are no domestic bulk manufacturers of narcotic raw materials registered with DEA, no registrant has a statutory or regulatory right to a hearing on the application. In response to the notice, several importers of narcotic raw materials who also hold manufacturing registrations (but not as ‘‘bulk manufacturers’’ of narcotic raw materials) requested a hearing on the application. DEA’s Administrative Law Judge (ALJ) accepted the requests for hearings and placed the case on DEA’s administrative hearing docket. This correction notifies the applicant, the public, and those importers/manufacturers that requested a hearing that DEA is denying the requests for hearing and dismissing the case on the agency’s administrative docket. Statutory and Regulatory Provisions As set forth in 21 U.S.C. 958(i), the Attorney General (by delegation, the Administrator and Deputy Administrator of DEA) 1 shall, prior to issuing an importer registration to a bulk manufacturer of a controlled substance in schedule I or II, and prior to issuing a regulation under 21 U.S.C. 952(a) authorizing the importation of such a substance, provide ‘‘manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing.’’ (Emphasis added.) Thus, the CSA contemplates that only ‘‘bulk manufacturers’’ shall be entitled to hearing on an application to import a schedule I or II controlled substance and, further, that only those who are registered to bulk manufacture the particular substance that the applicant seeks to import. Accordingly, if no one is registered to bulk manufacture the substance that the applicant seeks to import, no one is entitled to a hearing on that application. DEA’s registration database confirms that no person holds a registration as a bulk manufacturer of raw opium, concentrate of poppy straw, or any of the other narcotic raw materials listed in 21 U.S.C. 952(a)(1).2 Accordingly, the 1 21 U.S.C. 871(a); 28 CFR 0.100(b) and 0.104, appendix to subpart R, sec. 12. 2 When applying for registration, manufacturers are required to complete DEA Form-225, which E:\FR\FM\25JAN1.SGM Continued 25JAN1

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[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Notices]
[Page 3417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1052]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Importer of Controlled Substances; Correction to Notice of 
Application

    The Drug Enforcement Administration (DEA) is hereby correcting a 
notice of application that appeared in the Federal Register on January 
23, 2006 (71 FR 3545). That document announced the application of Cody 
Laboratories, Inc., to be registered as an importer of raw opium, poppy 
straw, and concentrate of poppy straw.
    The January 23, 2006, notice of application incorrectly stated that 
``[a]ny manufacturer who is presently, or is applying to be, registered 
with DEA to manufacture such basic classes of controlled substances may 
file comments or objections to the issuance of the proposed 
registration and may, at the same time, file a written request for a 
hearing on such application pursuant to 21 CFR 1301.43 and in such form 
as prescribed by 21 CFR 1316.47.'' Correctly stated, under the 
Controlled Substances Act (CSA) and DEA regulations, applications to 
import narcotic raw materials, including raw opium, poppy straw, and 
concentrate of poppy straw, are not required to be published in the 
Federal Register. Further, the notice of application, although not 
required to be published at all, should have stated that ``bulk 
manufacturers'' of raw opium, poppy straw, or concentrate of poppy 
straw may file a written request for a hearing. As explained in the 
Correction to Notice of Application pertaining to Rhodes Technologies 
published today, since there are no domestic bulk manufacturers of 
narcotic raw materials registered with DEA, no registrant has a 
statutory or regulatory right to a hearing on the application. For the 
reasons set forth therein, I correct the Notice of Application dated 
January 23, 2006. I direct the Administrative Law Judge to remove from 
the agency's administrative docket the hearing on the application of 
Cody Laboratories, Inc. to be registered as an importer of narcotic raw 
materials.

    Dated: January 18, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7-1052 Filed 1-24-07; 8:45 am]
BILLING CODE 4410-09-P