Importer of Controlled Substances Registration: Sigma Aldrich International GMBH-Sigma Aldrich Co. LLC, 8247 [2016-03353]
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Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices
importer of butylone (7541), a basic
class of controlled substance listed in
schedule I.
The company plans to import the
above listed controlled substance for
analytical research and testing of
equipment. This authorization does not
extend to the import of a finished FDA
approved or non-approved dosage form
for commercial sale.
registrant’s business activity is
consistent with what is authorized
under to 21 U.S.C. 952(a)(2).
Authorization will not extend to the
import of FDA approved or nonapproved finished dosage forms for
commercial sale.
Dated: February 10, 2016.
Louis J. Milione,
Deputy Assistant Administrator.
Dated: February 10, 2016.
Louis J. Milione,
Deputy Assistant Administrator.
[FR Doc. 2016–03358 Filed 2–17–16; 8:45 am]
BILLING CODE 4410–09–P
[FR Doc. 2016–03353 Filed 2–17–16; 8:45 am]
DEPARTMENT OF JUSTICE
BILLING CODE 4410–09–P
Drug Enforcement Administration
[Docket No. DEA–392]
DEPARTMENT OF JUSTICE
Importer of Controlled Substances
Registration: Sigma Aldrich
International GMBH-Sigma Aldrich Co.
LLC
Drug Enforcement Administration
ACTION:
Notice of registration.
Sigma Aldrich International
GMBH-Sigma Aldrich Co. LLC applied
to be registered as an importer of a basic
class of controlled substance. The Drug
Enforcement Administration (DEA)
grants Sigma Aldrich International
GMBH-Sigma Aldrich Co. LLC
registration as an importer of this
controlled substance.
SUPPLEMENTARY INFORMATION: By notice
dated October 13, 2015, and published
in the Federal Register on October 21,
2015, 80 FR 63839, Sigma Aldrich
International GMBH-Sigma Aldrich Co.
LLC, 3500 Dekalb Street, Saint Louis,
Missouri 63118 applied to be registered
as an importer of a certain basic class of
controlled substance. No comments or
objections were submitted for this
notice.
The DEA has considered the factors in
21 U.S.C. 823, 952(a) and 958(a) and
determined that the registration of
Sigma Aldrich International GMBHSigma Aldrich Co. LLC, to import the
basic class of controlled substance is
consistent with the public interest and
with United States obligations under
international treaties, conventions, or
protocols in effect on May 1, 1971. The
DEA investigated the company’s
maintenance of effective controls
against diversion by inspecting and
testing the company’s physical security
systems, verifying the company’s
compliance with state and local laws,
and reviewing the 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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:03 Feb 17, 2016
Jkt 238001
[Docket No. 15–1]
Arvinder Singh, M.D.; Decision and
Order
On October 16, 2014, the Deputy
Assistant Administrator, Office of
Diversion Control, issued an Order to
Show Cause to Arvinder Singh, M.D.
(Respondent), of Clifton Park, New
York. ALJ Ex. 1. The Show Cause Order
proposed the denial of Respondent’s
application for a DEA Certificate of
Registration as a practitioner on three
grounds.
First, the Show Cause Order alleged
that on August 4, 2003, Respondent,
following a jury trial, was convicted on
16 counts of health care fraud in
violation of 18 U.S.C. 1347, one count
of conspiracy to distribute controlled
substances in violation of 21 U.S.C. 846,
and 24 counts of unlawful distribution
of controlled substances in violations of
21 U.S.C. 841(a)(1) and 18 U.S.C. 2. Id.
at 1–2. (citing 21 U.S.C. 824(a)(2)).
Second, the Show Cause Order
alleged that Respondent’s convictions
for violating the Controlled Substances
Act ‘‘were based on a scheme in which
[he] left pre-signed but otherwise blank
prescriptions for [his] nursing staff to
fill in and issue Schedule II controlled
substances prescriptions to patients
when neither [he] nor any other
physician saw the patient at the time
such prescriptions were issued.’’ Id. at
2. The Show Cause Order alleged that
Respondent’s scheme also violated 21
CFR 1306.04(a) and 1306.05(a), and that
this conduct constituted acts
inconsistent with the public interest. Id.
(citing 21 U.S.C. 824(a)(4) and 823(f)).
Third, the Show Cause Order alleged
that on May 8, 2004, the U.S.
Department of Health and Human
Services (HHS) excluded Respondent
from participation in federal health care
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Frm 00075
Fmt 4703
Sfmt 4703
8247
programs for a period of 15 years based
on his convictions for Health Care Fraud
and for violating the Controlled
Substances Act. Id. The Government
further alleged that because ‘‘the
amount of the financial loss’’ was in
excess of $5,000; the time period of
Respondent’s illegal activity exceeded
more than one year; and Respondent
had been convicted of the CSA
violations; HHS imposed a 15-year
exclusion, which was three times the
minimum exclusion period. Id. (citing
21 U.S.C. 824(a)(5)).
Following service of the Show Cause
Order, Respondent requested a hearing
on the allegations. The matter was
placed on the docket of the Office of
Administrative Law Judges and assigned
to Chief Administrative Law Judge
(hereinafter, CALJ) John J. Mulrooney,
II. Following pre-hearing procedures,
the CALJ conducted a hearing at which
both parties introduced documentary
evidence and called witnesses to testify.
Thereafter, both parties submitted briefs
containing their proposed findings of
fact, conclusions of law, and arguments
regarding the ultimate disposition of
this matter.
On February 10, 2015, the CALJ
issued his Recommended Decision.
Therein, the CALJ found that the
Government had established a prima
facie case to deny Respondent’s
application for registration as a
practitioner on multiple grounds.1 R.D.
at 37.
These included that Respondent had
been convicted of twenty-four counts of
1 Pursuant to 21 U.S.C. 823(f), ‘‘[t]he Attorney
General may deny an application for [a
practitioner’s] registration . . . if [she] determines
that the issuance of such registration . . . would be
inconsistent with the public interest.’’ In making
this determination, section 823(f) directs the
Agency to consider the following factors:
(1) The recommendation of the appropriate State
licensing board or professional disciplinary
authority.
(2) The applicant’s experience in dispensing . . .
controlled substances.
(3) The applicant’s conviction record under
Federal or State laws relating to the manufacture,
distribution, or dispensing of controlled substances.
(4) Compliance with applicable State, Federal, or
local laws relating to controlled substances.
(5) Such other conduct which may threaten the
public health and safety.
Id. § 823(f).
‘‘These factors are . . . considered in the
disjunctive.’’ Robert A. Leslie, M.D., 68 FR 15227,
15230 (2003). I ‘‘may rely on any one or a
combination of factors[,] and may give each factor
the weight [I] deem[ ] appropriate in determining
whether a registration should be revoked. Id.; see
also MacKay v. DEA, 664 F.3d 808, 816 (10th Cir.
2011); Volkman v. DEA, 567 F.3d 215, 222 (6th Cir.
2009); Hoxie v. DEA, 419 F.3d 477, 482 (6th Cir.
2005). Moreover, while I am required to consider
each of the factors, I ‘‘need not make explicit
findings as to each one.’’ MacKay, 664 F.3d at 816
(quoting Volkman, 567 F.3d at 222 (quoting Hoxie,
419 F.3d at 482)).
E:\FR\FM\18FEN1.SGM
18FEN1
Agencies
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Page 8247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03353]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-392]
Importer of Controlled Substances Registration: Sigma Aldrich
International GMBH-Sigma Aldrich Co. LLC
ACTION: Notice of registration.
-----------------------------------------------------------------------
SUMMARY: Sigma Aldrich International GMBH-Sigma Aldrich Co. LLC applied
to be registered as an importer of a basic class of controlled
substance. The Drug Enforcement Administration (DEA) grants Sigma
Aldrich International GMBH-Sigma Aldrich Co. LLC registration as an
importer of this controlled substance.
SUPPLEMENTARY INFORMATION: By notice dated October 13, 2015, and
published in the Federal Register on October 21, 2015, 80 FR 63839,
Sigma Aldrich International GMBH-Sigma Aldrich Co. LLC, 3500 Dekalb
Street, Saint Louis, Missouri 63118 applied to be registered as an
importer of a certain basic class of controlled substance. No comments
or objections were submitted for this notice.
The DEA has considered the factors in 21 U.S.C. 823, 952(a) and
958(a) and determined that the registration of Sigma Aldrich
International GMBH-Sigma Aldrich Co. LLC, to import the basic class of
controlled substance is consistent with the public interest and with
United States obligations under international treaties, conventions, or
protocols in effect on May 1, 1971. The DEA investigated the company's
maintenance of effective controls against diversion by inspecting and
testing the company's physical security systems, verifying the
company's compliance with state and local laws, and reviewing the
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 butylone (7541), a basic class of
controlled substance listed in schedule I.
The company plans to import the above listed controlled substance
for analytical research and testing of equipment. This authorization
does not extend to the import of a finished FDA approved or non-
approved dosage form for commercial sale.
Dated: February 10, 2016.
Louis J. Milione,
Deputy Assistant Administrator.
[FR Doc. 2016-03353 Filed 2-17-16; 8:45 am]
BILLING CODE 4410-09-P