Importer of Controlled Substances Application: Globyz Pharma, LLC, 59189-59190 [2021-23285]

Download as PDF 59189 Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Notices importers of the products at issue in this investigation. The initial written submissions and proposed remedial orders must be filed no later than close of business on Wednesday, November 3, 2021. Reply submissions must be filed no later than the close of business on Wednesday, November 10, 2021. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the investigation number (Inv. No. 337–TA–1206) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission vote for this determination took place on October 20, 2021. VerDate Sep<11>2014 22:39 Oct 25, 2021 Jkt 256001 The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in Part 210 of the Commission’s Rules of Practice and Procedure, 19 CFR part 210. DEPARTMENT OF JUSTICE By order of the Commission. Issued: October 20, 2021. Lisa Barton, Secretary to the Commission. AGENCY: JUDICIAL CONFERENCE OF THE UNITED STATES Committee on Rules of Practice and Procedure; Meeting of the Judicial Conference Judicial Conference of the United States. AGENCY: Committee on Rules of Practice and Procedure; revised notice of open meeting. ACTION: The Committee on Rules of Practice and Procedure will hold a meeting in Washington, DC on January 4, 2022 rather than in Miami, FL as previously announced. The meeting is open to the public for observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https://www.uscourts.gov/rulespolicies/records-and-archives-rulescommittees/agenda-books. The announcement for this meeting was previously published in the Federal Register on June 28, 2021. SUMMARY: January 4, 2022. FOR FURTHER INFORMATION CONTACT: Scott Myers, Esq., Acting Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. (Authority: 28 U.S.C. 2073.) Dated: October 21, 2021. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2021–23276 Filed 10–25–21; 8:45 am] PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 Importer of Controlled Substances Application: Globyz Pharma, LLC Globyz Pharma, LLC has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTAL INFORMATION listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before November 26, 2021. Such persons may also file a written request for a hearing on the application on or before November 26, 2021. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this is notice that on August 18, 2021, Globyz Pharma, LLC, 2101 Market Street, Suite 5, Upper Chichester, Pennsylvania 19061–4001, applied to be registered as an importer of the following basic class(es) of controlled substance(s): SUMMARY: BILLING CODE 7020–02–P BILLING CODE 2210–55–P [Docket No. DEA–917] Drug Enforcement Administration, Justice. ACTION: Notice of application. [FR Doc. 2021–23267 Filed 10–25–21; 8:45 am] DATES: Drug Enforcement Administration Controlled substance Amphetamine .................. Lisdexamfetamine ........... Oxycodone ...................... I Drug code Schedule 1100 1205 9143 II II II I The company plans to import finished dosage unit products of the above controlled substances solely for its customers to perform analytical testing to meet Canadian requirements. The analysis is required to allow its customers to export domestically E:\FR\FM\26OCN1.SGM 26OCN1 59190 Federal Register / Vol. 86, No. 204 / Tuesday, October 26, 2021 / Notices manufactured finished dosage forms to foreign markets. No other activity for this drug code is authorized for this registration. Approval of permit applications will occur only when the registrant’s business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of Food and Drug Administration-approved or nonapproved finished dosage forms for commercial sale. Brian S. Besser, Acting Assistant Administrator. [FR Doc. 2021–23285 Filed 10–25–21; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 20–22] Nicholas P. Roussis, M.D.; Decision and Order On May 27, 2020, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (hereinafter, DEA or Government), issued an Order to Show Cause to Nicholas P. Roussis, M.D. (hereinafter, Respondent), of Staten Island, New York. Order to Show Cause (hereinafter, OSC), at 1. The OSC proposed the denial of Respondent’s application for DEA Certificate of Registration, Control No. W19115227C, because Respondent was mandatorily excluded from ‘‘‘participation in Medicare, Medicaid, and all federal health care programs for a minimum period of 10 years’ pursuant to 42 U.S.C. 1320a–7(a)’’ and such exclusion ‘‘warrants denial of [Respondent’s] application for a [registration] pursuant to 21 U.S.C. 824(a)(5).’’ Id. at 1–2 (citing Richard Hauser, M.D., 83 FR 26308 (2018)). Specifically, the OSC alleged that, on October 16, 2017, the United States District Court for the District of New Jersey issued a judgment against Respondent ‘‘based on [Respondent’s] plea of guilty to the charge of Racketeering-Transporting in Aid of Travel Act-Acceptance of Bribes, in violation of 18 U.S.C. 1952(a)(3) & 18 U.S.C. 2, a felony.’’ Id. at 2 (citing U.S. v. Nicholas P. Roussis, No. 2:17–cr– 00231–SRC (D.N.J.)). The OSC further alleged that ‘‘[b]ased on [Respondent’s] conviction, the U.S. Department of Health and Human Services, Office of the Inspector General (‘‘HHS/OIG’’), by letter dated April 30, 2018, mandatorily excluded [Respondent] from VerDate Sep<11>2014 22:39 Oct 25, 2021 Jkt 256001 ‘participation in Medicare, Medicaid, and all federal health care programs for a minimum period of 10 years’ pursuant to 42 U.S.C. 1320a–7(a), effective May 20, 2018.’’ Id. The OSC notified Respondent of the right to request a hearing on the allegations or to submit a written statement, while waiving the right to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. at 3 (citing 21 CFR 1301.43). The OSC also notified Respondent of the opportunity to submit a corrective action plan. Id. at 3– 4 (citing 21 U.S.C. 824(c)(2)(C)). By letter dated June 30, 2020, Respondent timely requested a hearing. Administrative Law Judge Exhibit (hereinafter, ALJX) 2. The matter was placed on the docket of the Office of Administrative Law Judges and was assigned to Administrative Law Judge Mark M. Dowd (hereinafter, the ALJ). On July 1, 2020, the ALJ issued an Order for Prehearing Statements. ALJX 3. The Government timely filed its prehearing statement (hereinafter, Govt Prehearing) on July 13, 2020. ALJX 4. Respondent timely filed his prehearing statement (hereinafter, Resp Prehearing) on July 22, 2020. ALJX 5. On July 28, 2020, the ALJ issued a prehearing ruling that, among other things, established the schedules and procedures for the remaining prehearing activities and for the hearing. ALJX 6 (Prehearing Ruling, at 1–11). On September 8, 2020, the Government filed ‘‘Objections Pursuant to 21 CFR 1316.59’’ (hereinafter, Govt Objections), which objected to the admission of certain evidence submitted by Respondent on the grounds of authenticity. ALJX 8 (Govt Objections), at 2. The evidence in question consisted of ‘‘Respondent’s Exhibit 1, a 38-page document containing approximately 18 letters’’ that Respondent had submitted on August 3, 2020. Govt Objections, at 1. According to the Govt Objections, ‘‘[m]ost of the letters [appeared] to have been drafted . . . nearly three years before the Government served its [OSC].’’ Id. Further, the Government alleged that, ‘‘[a]ll but two of the letters [were] unsigned and four [were] undated.’’ Id. Finally, the Government claimed that, ‘‘[although] all but one of the letters [appeared] to be directed toward a Federal District Court Judge in connection with U.S. v. Nicholas P. Roussis . . . the letters [did] not seem to be available for inspection as part of the publically [sic] assessable electronic court file.’’ Id. at 2. The Government concluded that because ‘‘all but two of the letters [were] unsworn and no witness [was] disclosed to authenticate PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 and/or lay a foundation for the documents’ admissibility’’ the letters should not be admitted. Id. On September 9, 2020, Respondent filed a Reply to Government’s Objections (hereinafter, Reply to Objections). In the Reply to Objections, Respondent attached an affirmation from one of the attorneys who represented him in his criminal case. Reply to Objections, at 1. The affirmation stated that all 18 letters had been submitted as exhibits to the District of New Jersey as part of Respondent’s sentencing submission during his criminal case. Reply to Objections, Attachment (Affirmation of Angela D. Lipsman), at 1–3. In the Reply to Objections, Respondent stated, ‘‘[p]lease consider that affirmation as a response to the Government’s objections.’’ Reply to Objections, at 1. At the hearing in this matter, which took place on September 14, 2020, the Government further objected to the admission of the letters on the grounds of relevance. Tr. 41. The Government argued that in context, the letters related only to the sentencing of the Respondent in his criminal case and not to Respondent’s prescribing practices or whether he could be entrusted with a DEA registration. Tr. 41–42. The ALJ ultimately overruled the Government’s objections on both grounds of authenticity and relevance and admitted the letters into the record. Tr. 42–43. The hearing in this matter took place via video teleconference on September 14, 2020. Following the hearing, both the Government and the Respondent filed their post-hearing briefs on October 21, 2020. On November 5, 2020, the ALJ issued the Recommended Rulings, Findings of Fact, Conclusions of Law, and Decision (hereinafter, RD). Neither party filed exceptions to the RD. See generally Transmittal Letter. I have reviewed and agree with the procedural rulings of the ALJ during the administration of the hearing. Having considered the record in its entirety, I agree with the ALJ and find that that the record established by substantial evidence a prima facie case supporting the denial of Respondent’s application. RD, at 37. I also agree with the ALJ that the Respondent failed to fully accept responsibility for his misconduct, failed to demonstrate that the Agency can entrust him to maintain his registration, and therefore, that denial of his application is the appropriate sanction. Id. I make the following findings of fact. E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Notices]
[Pages 59189-59190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23285]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-917]


Importer of Controlled Substances Application: Globyz Pharma, LLC

AGENCY: Drug Enforcement Administration, Justice.

ACTION: Notice of application.

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SUMMARY: Globyz Pharma, LLC has applied to be registered as an importer 
of basic class(es) of controlled substance(s). Refer to Supplemental 
Information listed below for further drug information.

DATES: Registered bulk manufacturers of the affected basic class(es), 
and applicants therefore, may file written comments on or objections to 
the issuance of the proposed registration on or before November 26, 
2021. Such persons may also file a written request for a hearing on the 
application on or before November 26, 2021.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/DPW, 
8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a 
hearing must be sent to: Drug Enforcement Administration, Attn: 
Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All 
requests for a hearing should also be sent to: (1) Drug Enforcement 
Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, 
Springfield, Virginia 22152; and (2) Drug Enforcement Administration, 
Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, 
Springfield, Virginia 22152.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this 
is notice that on August 18, 2021, Globyz Pharma, LLC, 2101 Market 
Street, Suite 5, Upper Chichester, Pennsylvania 19061-4001, applied to 
be registered as an importer of the following basic class(es) of 
controlled substance(s):

------------------------------------------------------------------------
                                           Drug
          Controlled substance             code          Schedule
------------------------------------------------------------------------
Amphetamine.............................    1100  II
Lisdexamfetamine........................    1205  II
Oxycodone...............................    9143  II
------------------------------------------------------------------------

    The company plans to import finished dosage unit products of the 
above controlled substances solely for its customers to perform 
analytical testing to meet Canadian requirements. The analysis is 
required to allow its customers to export domestically

[[Page 59190]]

manufactured finished dosage forms to foreign markets. No other 
activity for this drug code is authorized for this registration.
    Approval of permit applications will occur only when the 
registrant's business activity is consistent with what is authorized 
under 21 U.S.C. 952(a)(2). Authorization will not extend to the import 
of Food and Drug Administration-approved or non-approved finished 
dosage forms for commercial sale.

Brian S. Besser,
Acting Assistant Administrator.
[FR Doc. 2021-23285 Filed 10-25-21; 8:45 am]
BILLING CODE P
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