Drug Enforcement Administration, 50042-50043 [2015-20344]

Download as PDF 50042 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices Controlled substance Schedule Psilocyn (7438) ............................................................................................................................................................................................ 5-Methoxy-N,N-diisopropyltryptamine (7439) .............................................................................................................................................. N-Ethyl-1-phenylcyclohexylamine (7455) .................................................................................................................................................... 1-(1-Phenylcyclohexyl)pyrrolidine (7458) .................................................................................................................................................... 1-[1-(2-Thienyl)cyclohexyl]piperidine (7470) ............................................................................................................................................... 2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine (2C–E) (7509) ..................................................................................................................... 2-(2,5-Dimethoxyphenyl) ethanamine (2C–H) (7517) ................................................................................................................................. 2-(4-lodo-2,5-dimethoxyphenyl) ethanamine (2C–I) (7518) ........................................................................................................................ 2-(4-Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C–T–4) (7532) .................................................................................................... Dihydromorphine (9145) .............................................................................................................................................................................. Heroin (9200) ............................................................................................................................................................................................... Normorphine (9313) .................................................................................................................................................................................... Methamphetamine (1105) ........................................................................................................................................................................... 1-Phenylcyclohexylamine (7460) ................................................................................................................................................................. Phencyclidine (7471) ................................................................................................................................................................................... Phenylacetone (8501) ................................................................................................................................................................................. 1-Piperidinocyclohexanecarbonitrile (8603) ................................................................................................................................................ Cocaine (9041) ............................................................................................................................................................................................ Codeine (9050) ............................................................................................................................................................................................ Dihydrocodeine (9120) ................................................................................................................................................................................ Ecgonine (9180) .......................................................................................................................................................................................... Meperidine intermediate-B (9233) ............................................................................................................................................................... Morphine (9300) .......................................................................................................................................................................................... Noroxymorphone (9668) .............................................................................................................................................................................. The company plans to manufacture high purity drug standards used for analytical applications only in clinical, toxicological, and forensic laboratories and for distribution to its customers. Dated: August 10, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator. [FR Doc. 2015–20283 Filed 8–17–15; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE [Docket No. 13–29] Drug Enforcement Administration asabaliauskas on DSK5VPTVN1PROD with NOTICES Matthew Valentine/Liar Catchers; Order On April 5, 2013, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to Matthew Valentine (hereinafter, Applicant), of Lexington, Kentucky. The Show Cause Order proposed the denial of Applicant’s pending application for a DEA Certificate of Registration as a Researcher, which would authorize Applicant to possess and use controlled substances as a canine handler, on the ground that his registration would be inconsistent with the public interest. GX 1, at 1 (citing 21 U.S.C. 823(f)). On April 29, 2013, Applicant, acting pro se, filed a request for a hearing with the DEA Office of Administrative Law Judges. GX 2. After the matter was assigned to an Administrative Law Judge (ALJ), Applicant submitted a VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 letter in which he requested to withdraw his application. GX 3. Therein, Applicant stated that he was ‘‘not in a position to fight this legal battle at this time.’’ Id. A few weeks later, Applicant requested a stay until May 31, 2013, see GX 4, which was granted by the ALJ. See GX 5. Upon presentation of Applicant’s withdrawal request to the Office of Diversion Control (OD), the latter advised Government Counsel that it would accept the request only if Applicant agreed not to reapply for three years. Request for Final Agency Action, at 3. Applicant rejected OD’s offer. Id. Thereafter, OD made a subsequent offer that would have allowed Applicant to withdraw if he agreed not to reapply for two years. Id. Applicant also rejected this offer. Id. According to Government Counsel, on May 22, 2012, OD, ‘‘without providing a basis for its decision,’’ notified the former that it had rejected Applicant’s withdrawal request and ‘‘instructed Chief Counsel to take the matter to hearing.’’ Id. The next day, Government Counsel notified the ALJ of OD’s decision. The ALJ then vacated the stay and set the matter for hearing. GX 7, at 1–2. On May 29, 2013, Applicant submitted a request to waive his right to a hearing and submitted various documents in support of his application. GX 8. The ALJ then ordered that the proceeding be terminated. GX 9. Thereafter, on October 29, 2013, the Government submitted a Request for Final Agency Action. Req. for Final Agency Action, at 15. Therein, the PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 I I I I I I I I I I I I II II II II II II II II II II II II Government sought the denial of Applicant’s application. Id. at 1. Upon review, the then-Administrator denied the Government’s request. Order of the Administrator, at 3 (May 2, 2015) (hereinafter, Order). The thenAdministrator specifically explained that under a DEA regulation, ‘‘‘[a]n application may be amended or withdrawn with permission of the Administrator at any time where good cause is shown by the applicant or where the amendment or withdrawal is in the public interest.’’’ Id. at 2 (quoting 21 CFR 1301.16(a)). The thenAdministrator also relied on section 555(e) of the Administrative Procedure Act, which provides that: Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceedings. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial. 5 U.S.C. 555(e) (quoted in Order, at 2). Based on the plain language of section 555(e), the then-Administrator held that Applicant’s withdrawal request clearly was a ‘‘request of an interested person made in connection with [an] agency proceeding.’’ Order, at 2. She further noted that the grounds for denying Applicant’s withdrawal request were not ‘‘self-explanatory,’’ and were, in fact, ‘‘totally unknown.’’ Id. Accordingly, the then-Administrator held that the Office of Diversion Control was required to provide Applicant with a ‘‘ ‘notice,’ ’’ which was ‘‘ ‘accompanied by a brief statement of the grounds for E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices denial’ ’’ of his withdrawal request. Id. at 3 (quoting 5 U.S.C. 555(e)). Because the Office of Diversion Control had not complied with section 555(e), the then-Administrator denied the Government’s Request for Final Agency Action. Id. The thenAdministrator returned the record to the Government’s Counsel, with the instruction that its Request should not be re-submitted until such time as the Office of Diversion Control complied with 5 U.S.C. 555(e) and explained why Applicant has not demonstrated good cause to withdraw his application, as well as why the withdrawal is not in the public interest. Id. On August 7, 2015, Government Counsel filed a Request for Dismissal of Order to Show Cause. Therein, Government Counsel represents that on July 30, 3015, the Office of Diversion Control had decided to allow Respondent to withdraw his application. The Government therefore requests an Order dismissing the Show Cause Order. Because the Office of Diversion Control has granted Respondent’s withdrawal request, there is no longer an application to act upon and the case is now moot. See Thomas E. Mitchell, 76 FR 20032, 20033 (2011). Accordingly, I grant the Government’s Request and dismiss the Order to Show Cause. 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 Order to Show Cause issued to Matthew Valentine/Liar Catchers be, and it hereby is, dismissed. This Order is effective immediately. Dated: August 10, 2015. Chuck Rosenberg, Acting-Administrator. [FR Doc. 2015–20344 Filed 8–17–15; 8:45 am] BILLING CODE 4410–09–P Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (‘‘Deputy Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.33(a), this is notice that on April 23, 2015, Austin Pharma LLC, 811 Paloma Drive, Suite C, Round Rock, Texas 78665–2402 applied to be registered as a bulk manufacturer of the following basic classes of controlled substances: ADDRESSES: Controlled substance Marihuana (7360) ......................... Tetrahydrocannabinols (7370) ..... Schedule I I The company plans to manufacture bulk synthetic active pharmaceutical ingredients (APIs) for product development and distribution to its customers. No other activity for this drug code is authorized for this registration. Drug Enforcement Administration Dated: August 10, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator. [Docket No. DEA–392] [FR Doc. 2015–20284 Filed 8–17–15; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4410–09–P asabaliauskas on DSK5VPTVN1PROD with NOTICES Bulk Manufacturer of Controlled Substances Application: Austin Pharma LLC ACTION: DEPARTMENT OF JUSTICE [OMB Number 1121–0335] Notice of application. Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before October 19, 2015. DATES: VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 Agency Information Collection Activities; Proposed eCollection eComments Requested; National Motor Vehicle Title Information System (NMVTIS) Bureau of Justice Assistance, Department of Justice. AGENCY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 ACTION: 50043 30-Day notice. The Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, will submit the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in 80 FR 32180, on June 5, 2015, allowing for a 60-day comment period. SUMMARY: Comments are encouraged and will be accepted for an additional 30 days until September 17, 2015. DATES: If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact C. Casto at 1–202–353–7193, Bureau of Justice Assistance, Office of Justice Programs, U. S. Department of Justice, 810 7th Street NW., Washington, DC, 20531 or by email at Chris.Casto@ usdoj.gov. You may also contact the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted via email to OIRA_ submissions@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: SUPPLEMENTARY INFORMATION: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the National Motor Vehicle Title Information System (NMVTIS), including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50042-50043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20344]


-----------------------------------------------------------------------

 DEPARTMENT OF JUSTICE

[Docket No. 13-29]


Drug Enforcement Administration

Matthew Valentine/Liar Catchers; Order

    On April 5, 2013, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Matthew Valentine (hereinafter, Applicant), of Lexington, 
Kentucky. The Show Cause Order proposed the denial of Applicant's 
pending application for a DEA Certificate of Registration as a 
Researcher, which would authorize Applicant to possess and use 
controlled substances as a canine handler, on the ground that his 
registration would be inconsistent with the public interest. GX 1, at 1 
(citing 21 U.S.C. 823(f)).
    On April 29, 2013, Applicant, acting pro se, filed a request for a 
hearing with the DEA Office of Administrative Law Judges. GX 2. After 
the matter was assigned to an Administrative Law Judge (ALJ), Applicant 
submitted a letter in which he requested to withdraw his application. 
GX 3. Therein, Applicant stated that he was ``not in a position to 
fight this legal battle at this time.'' Id. A few weeks later, 
Applicant requested a stay until May 31, 2013, see GX 4, which was 
granted by the ALJ. See GX 5.
    Upon presentation of Applicant's withdrawal request to the Office 
of Diversion Control (OD), the latter advised Government Counsel that 
it would accept the request only if Applicant agreed not to reapply for 
three years. Request for Final Agency Action, at 3. Applicant rejected 
OD's offer. Id. Thereafter, OD made a subsequent offer that would have 
allowed Applicant to withdraw if he agreed not to reapply for two 
years. Id. Applicant also rejected this offer. Id.
    According to Government Counsel, on May 22, 2012, OD, ``without 
providing a basis for its decision,'' notified the former that it had 
rejected Applicant's withdrawal request and ``instructed Chief Counsel 
to take the matter to hearing.'' Id. The next day, Government Counsel 
notified the ALJ of OD's decision. The ALJ then vacated the stay and 
set the matter for hearing. GX 7, at 1-2.
    On May 29, 2013, Applicant submitted a request to waive his right 
to a hearing and submitted various documents in support of his 
application. GX 8. The ALJ then ordered that the proceeding be 
terminated. GX 9. Thereafter, on October 29, 2013, the Government 
submitted a Request for Final Agency Action. Req. for Final Agency 
Action, at 15. Therein, the Government sought the denial of Applicant's 
application. Id. at 1.
    Upon review, the then-Administrator denied the Government's 
request. Order of the Administrator, at 3 (May 2, 2015) (hereinafter, 
Order). The then-Administrator specifically explained that under a DEA 
regulation, ```[a]n application may be amended or withdrawn with 
permission of the Administrator at any time where good cause is shown 
by the applicant or where the amendment or withdrawal is in the public 
interest.''' Id. at 2 (quoting 21 CFR 1301.16(a)). The then-
Administrator also relied on section 555(e) of the Administrative 
Procedure Act, which provides that:

    Prompt notice shall be given of the denial in whole or in part 
of a written application, petition, or other request of an 
interested person made in connection with any agency proceedings. 
Except in affirming a prior denial or when the denial is self-
explanatory, the notice shall be accompanied by a brief statement of 
the grounds for denial.

5 U.S.C. 555(e) (quoted in Order, at 2).

    Based on the plain language of section 555(e), the then-
Administrator held that Applicant's withdrawal request clearly was a 
``request of an interested person made in connection with [an] agency 
proceeding.'' Order, at 2. She further noted that the grounds for 
denying Applicant's withdrawal request were not ``self-explanatory,'' 
and were, in fact, ``totally unknown.'' Id. Accordingly, the then-
Administrator held that the Office of Diversion Control was required to 
provide Applicant with a `` `notice,' '' which was `` `accompanied by a 
brief statement of the grounds for

[[Page 50043]]

denial' '' of his withdrawal request. Id. at 3 (quoting 5 U.S.C. 
555(e)).
    Because the Office of Diversion Control had not complied with 
section 555(e), the then-Administrator denied the Government's Request 
for Final Agency Action. Id. The then-Administrator returned the record 
to the Government's Counsel, with the instruction that its Request 
should not be re-submitted until such time as the Office of Diversion 
Control complied with 5 U.S.C. 555(e) and explained why Applicant has 
not demonstrated good cause to withdraw his application, as well as why 
the withdrawal is not in the public interest. Id.
    On August 7, 2015, Government Counsel filed a Request for Dismissal 
of Order to Show Cause. Therein, Government Counsel represents that on 
July 30, 3015, the Office of Diversion Control had decided to allow 
Respondent to withdraw his application. The Government therefore 
requests an Order dismissing the Show Cause Order.
    Because the Office of Diversion Control has granted Respondent's 
withdrawal request, there is no longer an application to act upon and 
the case is now moot. See Thomas E. Mitchell, 76 FR 20032, 20033 
(2011). Accordingly, I grant the Government's Request and dismiss the 
Order to Show Cause.

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 Order to Show Cause issued to 
Matthew Valentine/Liar Catchers be, and it hereby is, dismissed. This 
Order is effective immediately.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting-Administrator.
[FR Doc. 2015-20344 Filed 8-17-15; 8:45 am]
 BILLING CODE 4410-09-P