Importer of Controlled Substances; Correction to Notice of Application, 3417 [E7-1052]
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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has withdrawn as a party to this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
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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
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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
