Importer of Controlled Substances; Notice of Application, 4831-4832 [2012-1980]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices Show Cause to Southwest K–9 (hereinafter, Applicant), of New Braunfels, Texas. The Show Cause Order proposed the denial of Applicant’s application for a DEA Certificate of Registration as a Canine Handler/Researcher, on the ground that its ‘‘registration would be inconsistent with the public interest.’’ Show Cause Order at 1. More specifically, the Show Cause Order alleged that Applicant had applied for a registration as a Canine Handler/Researcher of controlled substances in schedule I but that it currently lacks authority to handle controlled substances in the State of Texas, the State in which it seeks a DEA registration. Id. The Show Cause Order further alleged that Applicant has failed to: (1) Obtain other required state licenses, (2) provide information required by DEA on the application for registration, (3) ‘‘provide proposed procedures for sufficiently reporting findings of illicit drugs to law enforcement officials,’’ (4) ‘‘provide evidence that [it has] taken steps to obtain dogs from a kennel or trainer,’’ as well as to either lease or build its own kennel space, and (5) ‘‘institute * * * procedures for ensuring that its services will not be offered to illegal drug traffickers.’’ Id. at 2. In addition, the Order alleged that Applicant ‘‘requested a registration to handle controlled substances in types and quantities far in excess of what is required to conduct research involving canines’’ and that it ‘‘failed to provide sufficient evidence of need’’ for canine drug detection services in the area where it proposes to do business. Id. The Order also notified applicant of its right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedures for doing so, and the consequences for failing to do either. Id. As evidenced by the signed return receipt card, on September 6, 2011, the Government served the Show Cause Order on Applicant. GX 4. Since then, more than thirty days have now passed and neither Applicant, nor anyone purporting to represent it, have requested a hearing or submitted a written statement in lieu of a hearing. 21 CFR 1301.43(d). I therefore find that Applicant has waived its right to a hearing or to submit a written statement and issue this Decision and Final Order based on the record submitted by the Government. Id. 1301.43(d) & (e). I make the following findings. Findings On March 3, 2010, Applicant applied for a registration authorizing it to handle schedule I controlled substances as a VerDate Mar<15>2010 15:20 Jan 30, 2012 Jkt 226001 canine handler, an activity which requires a researcher’s registration. GX 6. Applicant provided as its proposed registered location an address in New Braunfels, Texas and checked each of the twenty-two schedule I controlled substances listed on the application form as drugs it sought authority to handle. Id. at 1–2. While on the application, Applicant was required to list any state licenses or controlled substances registration which authorizes it to engage in research or otherwise handle controlled substances, Applicant left this part of the form blank. Id. at 3. According to the affidavit of a Diversion Investigator (DI) who was assigned to review its application, Applicant possesses neither a Texas Controlled Substances Registration, which is required by Texas law, nor the license required by Texas law to operate a Guard Dog Company. GX 5, at 2. (citing Texas Health & Safety Code § 481.061(a) and Texas Occupations Code § 1702.116). According to the DI, he interviewed Mr. Ryan Taylor, Applicant’s co-owner, who stated he had two and one half years of law enforcement experience and that its manager, Ms. Mellissa Jones, was a retired police officer with twenty years of law enforcement experience. Id. However, Mr. Taylor ‘‘provided no evidence that any of its employees and/ or owners possessed any ability or experience [in] training * * * canines for drug detection.’’ Id. (citing 21 CFR 1301.18(a)(1)(iii)). The DI also found Applicant’s protocols to be deficient in that they did not explain how Applicant would screen its potential customers to ensure that it was not providing services to drug dealers. Id. Discussion Under the Controlled Substances Act (CSA), a canine handler is deemed to be a researcher and is subject to the registration and licensing requirements of section 303(f), 21 U.S.C. 823(f). See Angelos Michalatos d/b/a Contraband Searches and Investigations, 54 FR 48161 (1989) (applying registration standards of 21 U.S.C. 823(f) to canine handlers); see also 21 U.S.C. 802(21) (‘‘The term ‘practitioner’ means * * * [an] other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices or does research, to distribute, * * * conduct research with respect to, * * * or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.’’). Likewise, section 823(f) imposes, as a condition of obtaining a registration under this provision, that the applicant must be currently PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 4831 authorized to handle controlled substances under the laws of the State in which it performs such activities. See 21 U.S.C. 823(f) (‘‘The Attorney General shall register practitioners * * * to * * * conduct research with[] controlled substances * * * if the applicant is authorized to * * * conduct research with respect to controlled substances under the laws of the State in which he practices.’’); see also id.§ 824(a)(3) (authorizing revocation of a registration ‘‘upon a finding that the registrant * * * has had his State license or registration suspended [or] revoked * * * and is no longer authorized by State law to engage in the * * * distribution [or] dispensing of controlled substances’’). See Michalatos, 54 FR at 48161; see also Robert G. Crummie, 76 FR 71369 (2011); David W. Wang, 72 FR 54297 (2007). Under Texas law, ‘‘a person who is not a registrant may not manufacture, distribute, prescribe, possess, analyze, or dispense a controlled substance in th[at] State.’’ Tex. Health & Safety Code § 481.061(a).1 Because Applicant does not possess authority under Texas law to handle controlled substances, it therefore does not meet a threshold requirement for obtaining a registration as a researcher under the CSA.2 See 21 U.S.C. 802(21) & 823(f). Accordingly, Respondent’s application will be denied. Order Pursuant to the authority vested in me by 21 U.S.C. 823(f), as well as 28 CFR 0.100(b), I order that the application of Southwest K–9 for a DEA Certificate of Registration as a Canine Handler/ Researcher, be, and it hereby is, denied. This Order is effective March 1, 2012. Dated: January 19, 2012. Michele M. Leonhart, Administrator. [FR Doc. 2012–1976 Filed 1–30–12; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to Title 21 Code of Federal Regulations 1301.34(a), this is notice 1 While Texas law provides several exemptions from registration, none of these apply here. See Tex. Health & Safety Code § 481.062(a). 2 Because Respondent does not have current authority to handle controlled substances under Texas law, it is not necessary to make further findings as to whether its registration is consistent with the public interest. E:\FR\FM\31JAN1.SGM 31JAN1 4832 Federal Register / Vol. 77, No. 20 / Tuesday, January 31, 2012 / Notices that on September 12, 2011, Mallinckrodt LLC., 3600 North Second Street, St. Louis, Missouri 63147, made application by renewal to the Drug Enforcement Administration (DEA) for registration as an importer of the following basic classes of controlled substances: Drug Schedule wreier-aviles on DSK5TPTVN1PROD with NOTICES Methylphenidate (1724) ................ Phenylacetone (8501) .................. Coca Leaves (9040) ..................... Oxycodone (9143) ........................ Hydromorphone (9150) ................ Hydrocodone (9193) ..................... Morphine (9300) ........................... Opium, raw (9600) ....................... Poppy Straw Concentrate (9670) Fentanyl (9801) ............................ II II II II II II II II II II 15:20 Jan 30, 2012 Jkt 226001 Dated: January 23, 2012. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. company’s background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed. Dated: January 23, 2012. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. 2012–1979 Filed 1–30–12; 8:45 am] BILLING CODE 4410–09–P [FR Doc. 2012–1980 Filed 1–30–12; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE The company plans to import the listed controlled substances to manufacture bulk controlled substances for distribution to its customers, and for research and analytical standards. No comments, objections, or requests for any hearings will be accepted on any application for registration or reregistration to import crude opium, poppy straw, poppy straw concentrate, and coca leaves. As explained in the Correction to Notice of Application pertaining to 72 FR 3417 (2007), comments and requests for hearings on applications to import narcotic raw material are not appropriate. Any bulk manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic classes of controlled substances listed in schedule I or II, which fall under the authority of section 1002(a)(2)(B) of the Act 21 U.S.C. 952 (a)(2)(B) may, in the circumstances set forth in 21 U.S.C. 958(i), 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. Any such written comments or objections should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than March 1, 2012. This procedure is to be conducted simultaneously with, and independent of, the procedures described in 21 CFR 1301.34(b), (c), (d), (e), and (f). As noted in a previous notice published in the Federal Register on September 23, 1975, 40 FR 43745–46, all applicants for registration to import a basic class of any controlled substance VerDate Mar<15>2010 in schedule I or II are, and will continue to be, required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and (f) are satisfied. Drug Enforcement Administration Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration Importer of Controlled Substances; Notice of Registration By Notice dated June 23, 2011, and published in the Federal Register on July 5, 2011, 76 FR 39127, Cayman Chemical Company, 1180 East Ellsworth Road, Ann Arbor, Michigan 48108, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances: By Notice dated June 1, 2011, and published in the Federal Register on June 9, 2011, 76 FR 33784, Alltech Associates, Inc., 2051 Waukegan Road, Deerfield, Illinois 60015, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as an importer of the following basic classes of controlled substances: Drug Schedule Gamma Hydroxybutyric Acid (2010). Heroin (9200) ............................... Lysergic acid diethylamide (7315) Cocaine (9041) ............................. Codeine (9050) ............................. Hydrocodone (9193) ..................... Meperidine (9230) ........................ Methadone (9250) ........................ Morphine (9300) ........................... I I I II II II II II II The company plans to import these controlled substances for the manufacture of reference standards. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Alltech Associates, Inc. to import the basic classes of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. DEA has investigated Alltech Associates, Inc. to ensure that the company’s registration is consistent with the public interest. The investigation has included inspection and testing of the company’s physical security systems, verification of the company’s compliance with state and local laws, and a review of the PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Drug Cathinone (1235) .......................... Methcathinone (1237) .................. N-Ethylamphetamine (1475) ........ N,N-Dimethylamphetamine (1480) Aminorex (1585) ........................... 4-Methylaminorex (cis isomer) (1590). 1-Pentyl-3-(1-naphthoyl)indole (7118). 1-Butyl-3-(1-naphthoyl)indole (7173). 1-[2-(4-Morpholinyl)ethyl]-3-(1naphthoyl) Indole (7200). Alpha-ethyltryptamine (7249) ....... 5-(1,1-Dimethylheptyl)-2-[(1R,3S)3-hydroxycyclohexyl]-phenol (7297). 5-(1,1-Dimethyloctyl)-2-[(1R,3S)3-hydroxycyclohexyl]-phenol (7298). Lysergic acid diethylamide (7315) 2,5-Dimethoxy-4-(n)propylthiophenethylamine (7348). Marihuana (7360) ......................... Tetrahydrocannabinols (7370) ..... 3,4,5-Trimethoxyamphetamine (7390). 4-Bromo-2,5dimethoxyamphetamine (7391). 4-Bromo-2,5dimethoxyphenethylamine (7392). 4-Methyl-2,5dimethoxyamphetamine (7395). 2,5-Dimethoxyamphetamine (7396). E:\FR\FM\31JAN1.SGM 31JAN1 Schedule I I I I I I I I I I I I I I I I I I I I I

Agencies

[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4831-4832]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1980]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Importer of Controlled Substances; Notice of Application

    Pursuant to Title 21 Code of Federal Regulations 1301.34(a), this 
is notice

[[Page 4832]]

that on September 12, 2011, Mallinckrodt LLC., 3600 North Second 
Street, St. Louis, Missouri 63147, made application by renewal to the 
Drug Enforcement Administration (DEA) for registration as an importer 
of the following basic classes of controlled substances:

------------------------------------------------------------------------
                    Drug                               Schedule
------------------------------------------------------------------------
Methylphenidate (1724).....................  II
Phenylacetone (8501).......................  II
Coca Leaves (9040).........................  II
Oxycodone (9143)...........................  II
Hydromorphone (9150).......................  II
Hydrocodone (9193).........................  II
Morphine (9300)............................  II
Opium, raw (9600)..........................  II
Poppy Straw Concentrate (9670).............  II
Fentanyl (9801)............................  II
------------------------------------------------------------------------

    The company plans to import the listed controlled substances to 
manufacture bulk controlled substances for distribution to its 
customers, and for research and analytical standards.
    No comments, objections, or requests for any hearings will be 
accepted on any application for registration or re-registration to 
import crude opium, poppy straw, poppy straw concentrate, and coca 
leaves. As explained in the Correction to Notice of Application 
pertaining to 72 FR 3417 (2007), comments and requests for hearings on 
applications to import narcotic raw material are not appropriate.
    Any bulk manufacturer who is presently, or is applying to be, 
registered with DEA to manufacture such basic classes of controlled 
substances listed in schedule I or II, which fall under the authority 
of section 1002(a)(2)(B) of the Act 21 U.S.C. 952 (a)(2)(B) may, in the 
circumstances set forth in 21 U.S.C. 958(i), 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.
    Any such written comments or objections should be addressed, in 
quintuplicate, to the Drug Enforcement Administration, Office of 
Diversion Control, Federal Register Representative (ODL), 8701 
Morrissette Drive, Springfield, Virginia 22152; and must be filed no 
later than March 1, 2012.
    This procedure is to be conducted simultaneously with, and 
independent of, the procedures described in 21 CFR 1301.34(b), (c), 
(d), (e), and (f).
    As noted in a previous notice published in the Federal Register on 
September 23, 1975, 40 FR 43745-46, all applicants for registration to 
import a basic class of any controlled substance in schedule I or II 
are, and will continue to be, required to demonstrate to the Deputy 
Assistant Administrator, Office of Diversion Control, Drug Enforcement 
Administration, that the requirements for such registration pursuant to 
21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), 
(e), and (f) are satisfied.

    Dated: January 23, 2012.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 2012-1980 Filed 1-30-12; 8:45 am]
BILLING CODE 4410-09-P

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