Importer of Controlled Substances Application: Rhodes Technologies, 22517-22518 [2018-10302]

Download as PDF 22517 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (‘‘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 5, 2017, Patheon API Manufacturing, Inc., 309 Delaware Street, Building 1106, Greenville, South Carolina 29605 applied to be registered as a bulk manufacturer of the following basic classes of controlled substances: Thebaine ................................. Noroxymorphone .................... 9333 9668 II II The company plans to manufacture the above-listed controlled substances as Active Pharmaceutical Ingredient (API) for supply to its customers. Dated: May 1, 2018. Susan A. Gibson, Deputy Assistant Administrator. [FR Doc. 2018–10303 Filed 5–14–18; 8:45 am] 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 Assistant Administrator of the DEA Diversion Control Division (‘‘Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.34(a), this is notice that on April 18, 2018, Mylan Pharmaceuticals, Inc., 3711 Collins Ferry Road, Morgantown, West Virginia 26505 applied to be registered as an importer of the following basic classes of controlled substances: BILLING CODE 4410–09–P Amphetamine .......................... Methylphenidate ...................... Oxycodone .............................. Hydromorphone ...................... Methadone .............................. Morphine ................................. Fentanyl .................................. DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Application: Mylan Pharmaceuticals, Inc. ACTION: 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 on or before June 14, 2018. Such persons may also file a written request for a hearing on the application on or before June 14, 2018. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: The Attorney General has delegated his daltland on DSKBBV9HB2PROD with NOTICES DATES: VerDate Sep<11>2014 20:27 May 14, 2018 Jkt 244001 1100 1724 9143 9150 9250 9300 9801 II II II II II II II The company plans to import the listed controlled substances in finished dosage form (FDF) from foreign sources for analytical testing and clinical trials in which the foreign FDF will be compared to the company’s own domestically-manufactured FDF. This analysis is required to allow the company to export domesticallymanufactured FDF to foreign markets. Dated: April 25, 2018. Susan A. Gibson, Deputy Assistant Administrator. [FR Doc. 2018–10301 Filed 5–14–18; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Application: Rhodes Technologies ACTION: Tetrahydrocannabinols ........... Methylphenidate ...................... Oxycodone .............................. Hydromorphone ...................... Hydrocodone ........................... Morphine ................................. Opium, raw ............................. Oxymorphone ......................... Poppy Straw Concentrate ....... 7370 1724 9143 9150 9193 9300 9600 9652 9670 I II II II II II II II II 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 on or before June 14, 2018. Such persons may also file a written request for a DATES: PO 00000 hearing on the application on or before June 14, 2018. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. Comments and requests for hearings on applications to import narcotic raw material are not appropriate. 72 FR 3417, (January 25, 2007). 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 Assistant Administrator of the DEA Diversion Control Division (‘‘Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.34(a), this is notice that on April 6, 2018, Rhodes Technologies, 498 Washington Street, Coventry, Rhode Island 02816 applied to be registered as an importer of the following basic classes of controlled substances: Frm 00077 Fmt 4703 Sfmt 4703 The company plans to import opium, raw (9600) and poppy straw concentrate (9670) in order to bulk manufacture controlled substances in Active Pharmaceutical Ingredient (API) form. The company distributes the manufactured APIs in bulk to its customers. E:\FR\FM\15MYN1.SGM 15MYN1 22518 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices On October 31, 2017, the Acting Assistant Administrator, Diversion Control Division, issued an Order to Show Cause to Donald Kenneth Shreves, D.V.M. (Respondent), of Pottstown, Pennsylvania. The Show Cause Order proposed the revocation of Respondent’s Certificate of Registration on the ground that he does ‘‘not have authority to handle controlled substances in the State of Pennsylvania, the [S]tate in which [he is] registered with the’’ Agency. Show Cause Order, at 1. With respect to the Agency’s jurisdiction, the Show Cause Order alleged that Respondent is registered ‘‘as a practitioner in [s]chedules II–V under . . . registration number BS5342934,’’ at the location of ‘‘1361C Farmington Ave., Pottstown, Pennsylvania.’’ Id. The Order further alleged that Respondent’s registration was due to expire on February 28, 2018. Id. As the substantive ground for the proceeding, the Show Cause Order alleged that on September 28, 2017, the Pennsylvania Board of Veterinary Medicine ‘‘issued an Order of Temporary Suspension’’ of his veterinary medicine license. Id. at 1–2. The Order alleged that as a consequence of the Board’s action, Respondent is currently ‘‘without to handle controlled substances in . . . Pennsylvania, the [S]tate in which’’ he is registered, and therefore, his registration should be revoked. Id. at 2. The Show Cause Order notified Respondent of his right to request a hearing or to submit a written statement while waiving his right to a hearing, the procedure for electing either option, and the consequence of failing to elect either option. Id. at 2 (citing 21 CFR 1301.43). The Order also notified Respondent of his right to submit a corrective action plan. Id. at 2–3 (citing 21 U.S.C. 824(c)(2)(C)). On November 8, 2017, Respondent was personally served with the Show Cause Order, and on December 8, 2018, Respondent requested a hearing. Resp. Hrng. Req. at 1. The matter was placed on the docket of the Office of Administrative Law Judges and assigned to ALJ Charles Wm. Dorman, who, on December 11, 2017, issued an order setting the briefing schedule. See Briefing Schedule for Lack of State Authority Allegations, at 1. On January 4, 2018, the Government submitted a Motion for Summary Disposition; as support for its motion, the Government attached a copy of the Board’s Suspension Order and a Declaration of a DEA Task Force Office that Respondent’s Veterinary License remained suspended as of January 2, 2017, when she queried the Board’s website. Mot. for Summ. Disp., Attachments 3; 5; 6, at 2. On January 10, 2018, Respondent filed his reply and admitted that he was currently without authority to handle controlled substances in Pennsylvania. Resp.’s Reply to Govt. Mot. for Summ. Disp., at 1. On January 11, 2018, the ALJ issued his Recommended Decision (R.D.). Therein, the ALJ found that there was no dispute over the material fact that Respondent lacks authority to dispense controlled substances in Pennsylvania. Id. at 5–6. The ALJ thus granted the Government’s Motion for Summary Disposition and recommended that Respondent’s registration be revoked. Id. Neither party filed exceptions to the Recommended Decision. On February 6, 2018, the ALJ forwarded the record to my Office. Having reviewed the record, I hold that this proceeding is now moot. The evidence in the record establishes that Respondent’s registration was due to expire on February 28, 2018, and according to the Agency’s registration record for Respondent of which I take official notice,1 he has not submitted an application to renew his registration. 1 Under the Administrative Procedure Act (APA), an agency ‘‘may take official notice of facts at any stage in a proceeding—even in the final decision.’’ U.S. Dept. of Justice, Attorney General’s Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). In accordance with the APA and DEA’s regulations, Respondent is ‘‘entitled on timely request to an opportunity to show to the contrary.’’ 5 U.S.C. 556(e); see also 21 CFR 1316.59(e). To allow Respondent the The company plans to import the other listed controlled substances for internal reference standards use only. The comparisons of foreign reference standards to the company’s domestically manufactured API will allow the company to export domestically manufactured API to foreign markets. Dated: April 25, 2018. Susan A. Gibson, Deputy Assistant Administrator. [FR Doc. 2018–10302 Filed 5–14–18; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [No. 18–12] daltland on DSKBBV9HB2PROD with NOTICES Donald Kenneth Shreves, D.V.M.; Dismissal of Proceeding VerDate Sep<11>2014 20:27 May 14, 2018 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 Accordingly, I find that Respondent’s registration expired on February 28, 2018 and that there is no application to act upon. DEA has long held that ‘‘ ‘if a registrant has not submitted a timely renewal application prior to the expiration date, then the registration expires and there is nothing to revoke.’ ’’ Donald Brooks Reece II, M.D., 77 FR 35054, 35055 (2012) (quoting Ronald J. Riegel, 63 FR 67312, 67133 (1998)); see also Thomas E. Mitchell, 76 FR 20032, 20033 (2011). ‘‘Moreover, in the absence of an application (whether timely filed or not), there is nothing to act upon.’’ Reece, 77 FR at 35055. Accordingly, because Respondent has allowed his registration to expire and did not file an application to renew his registration or for any other registration in Pennsylvania, this case is now moot and will be dismissed. Order Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I order that the Order to Show Cause issued to Donald K. Shreves, D.V.M., be, and it hereby is, dismissed. This Order is effective immediately. Dated: May 7, 2018. Robert W. Patterson, Acting Administrator. [FR Doc. 2018–10305 Filed 5–14–18; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Bulk Manufacturer of Controlled Substances Registration ACTION: Notice of registration. Registrants listed below have applied for and been granted registration by the Drug Enforcement Administration (DEA) as bulk manufacturers of various classes of schedule I and II controlled substances. SUPPLEMENTARY INFORMATION: The companies listed below applied to be registered as bulk manufacturers of various basic classes of controlled substances. Information on previously published notices is listed in the table below. No comments or objections were submitted for these notices. SUMMARY: opportunity to refute the facts of which I take official notice, Respondent may file a motion for reconsideration within fifteen calendar days of service of this order which shall commence on the date this order is mailed. E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22517-22518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10302]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-392]


Importer of Controlled Substances Application: Rhodes 
Technologies

ACTION: Notice of application.

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

DATES: 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 on or before June 14, 2018. Such 
persons may also file a written request for a hearing on the 
application on or before June 14, 2018.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/DRW, 
8701 Morrissette Drive, Springfield, Virginia 22152. All requests for 
hearing must be sent to: Drug Enforcement Administration, Attn: 
Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All 
requests for hearing should also be sent to: (1) Drug Enforcement 
Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, 
Springfield, Virginia 22152; and (2) Drug Enforcement Administration, 
Attn: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, 
Springfield, Virginia 22152. Comments and requests for hearings on 
applications to import narcotic raw material are not appropriate. 72 FR 
3417, (January 25, 2007).

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 Assistant Administrator of the DEA Diversion Control Division 
(``Assistant Administrator'') pursuant to section 7 of 28 CFR part 0, 
appendix to subpart R.
    In accordance with 21 CFR 1301.34(a), this is notice that on April 
6, 2018, Rhodes Technologies, 498 Washington Street, Coventry, Rhode 
Island 02816 applied to be registered as an importer of the following 
basic classes of controlled substances:

------------------------------------------------------------------------
                                          Drug
          Controlled substance            code           Schedule
------------------------------------------------------------------------
Tetrahydrocannabinols..................    7370  I
Methylphenidate........................    1724  II
Oxycodone..............................    9143  II
Hydromorphone..........................    9150  II
Hydrocodone............................    9193  II
Morphine...............................    9300  II
Opium, raw.............................    9600  II
Oxymorphone............................    9652  II
Poppy Straw Concentrate................    9670  II
------------------------------------------------------------------------

    The company plans to import opium, raw (9600) and poppy straw 
concentrate (9670) in order to bulk manufacture controlled substances 
in Active Pharmaceutical Ingredient (API) form. The company distributes 
the manufactured APIs in bulk to its customers.

[[Page 22518]]

    The company plans to import the other listed controlled substances 
for internal reference standards use only. The comparisons of foreign 
reference standards to the company's domestically manufactured API will 
allow the company to export domestically manufactured API to foreign 
markets.

    Dated: April 25, 2018.
Susan A. Gibson,
Deputy Assistant Administrator.
[FR Doc. 2018-10302 Filed 5-14-18; 8:45 am]
 BILLING CODE 4410-09-P
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