80 FR 50042 - Drug Enforcement Administration

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range		50042-50043
FR Document		2015-20344
Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50042-50043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20344]


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 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
50042 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices

Controlled substance Schedule

Psilocyn (7438) ............................................................................................................................................................................................ I
5-Methoxy-N,N-diisopropyltryptamine (7439) .............................................................................................................................................. I
N-Ethyl-1-phenylcyclohexylamine (7455) .................................................................................................................................................... I
1-(1-Phenylcyclohexyl)pyrrolidine (7458) .................................................................................................................................................... I
1-[1-(2-Thienyl)cyclohexyl]piperidine (7470) ............................................................................................................................................... I
2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine (2C–E) (7509) ..................................................................................................................... I
2-(2,5-Dimethoxyphenyl) ethanamine (2C–H) (7517) ................................................................................................................................. I
2-(4-lodo-2,5-dimethoxyphenyl) ethanamine (2C–I) (7518) ........................................................................................................................ I
2-(4-Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C–T–4) (7532) .................................................................................................... I
Dihydromorphine (9145) .............................................................................................................................................................................. I
Heroin (9200) ............................................................................................................................................................................................... I
Normorphine (9313) .................................................................................................................................................................................... I
Methamphetamine (1105) ........................................................................................................................................................................... II
1-Phenylcyclohexylamine (7460) ................................................................................................................................................................. II
Phencyclidine (7471) ................................................................................................................................................................................... II
Phenylacetone (8501) ................................................................................................................................................................................. II
1-Piperidinocyclohexanecarbonitrile (8603) ................................................................................................................................................ II
Cocaine (9041) ............................................................................................................................................................................................ II
Codeine (9050) ............................................................................................................................................................................................ II
Dihydrocodeine (9120) ................................................................................................................................................................................ II
Ecgonine (9180) .......................................................................................................................................................................................... II
Meperidine intermediate-B (9233) ............................................................................................................................................................... II
Morphine (9300) .......................................................................................................................................................................................... II
Noroxymorphone (9668) .............................................................................................................................................................................. II

The company plans to manufacture letter in which he requested to Government sought the denial of
high purity drug standards used for withdraw his application. GX 3. Applicant’s application. Id. at 1.
analytical applications only in clinical, Therein, Applicant stated that he was Upon review, the then-Administrator
toxicological, and forensic laboratories ‘‘not in a position to fight this legal denied the Government’s request. Order
and for distribution to its customers. battle at this time.’’ Id. A few weeks of the Administrator, at 3 (May 2, 2015)
Dated: August 10, 2015. later, Applicant requested a stay until (hereinafter, Order). The then-
Joseph T. Rannazzisi, May 31, 2013, see GX 4, which was Administrator specifically explained
Deputy Assistant Administrator.
granted by the ALJ. See GX 5. that under a DEA regulation, ‘‘‘[a]n
Upon presentation of Applicant’s application may be amended or
[FR Doc. 2015–20283 Filed 8–17–15; 8:45 am]
withdrawal request to the Office of withdrawn with permission of the
BILLING CODE 4410–09–P
Diversion Control (OD), the latter Administrator at any time where good
advised Government Counsel that it cause is shown by the applicant or
DEPARTMENT OF JUSTICE would accept the request only if where the amendment or withdrawal is
Applicant agreed not to reapply for in the public interest.’’’ Id. at 2 (quoting
[Docket No. 13–29] three years. Request for Final Agency 21 CFR 1301.16(a)). The then-
Action, at 3. Applicant rejected OD’s Administrator also relied on section
Drug Enforcement Administration offer. Id. Thereafter, OD made a 555(e) of the Administrative Procedure
subsequent offer that would have Act, which provides that:
Matthew Valentine/Liar Catchers;
allowed Applicant to withdraw if he Prompt notice shall be given of the denial
Order
agreed not to reapply for two years. Id. in whole or in part of a written application,
On April 5, 2013, the Deputy Applicant also rejected this offer. Id. petition, or other request of an interested
Assistant Administrator, Office of According to Government Counsel, on person made in connection with any agency
Diversion Control, Drug Enforcement May 22, 2012, OD, ‘‘without providing proceedings. Except in affirming a prior
a basis for its decision,’’ notified the denial or when the denial is self-explanatory,
Administration, issued an Order to the notice shall be accompanied by a brief
Show Cause to Matthew Valentine former that it had rejected Applicant’s
statement of the grounds for denial.
(hereinafter, Applicant), of Lexington, withdrawal request and ‘‘instructed
Chief Counsel to take the matter to 5 U.S.C. 555(e) (quoted in Order, at 2).
Kentucky. The Show Cause Order
proposed the denial of Applicant’s hearing.’’ Id. The next day, Government Based on the plain language of section
pending application for a DEA Counsel notified the ALJ of OD’s 555(e), the then-Administrator held that
Certificate of Registration as a decision. The ALJ then vacated the stay Applicant’s withdrawal request clearly
Researcher, which would authorize and set the matter for hearing. GX 7, at was a ‘‘request of an interested person
Applicant to possess and use controlled 1–2. made in connection with [an] agency
substances as a canine handler, on the On May 29, 2013, Applicant proceeding.’’ Order, at 2. She further
ground that his registration would be submitted a request to waive his right to noted that the grounds for denying
asabaliauskas on DSK5VPTVN1PROD with NOTICES

inconsistent with the public interest. GX a hearing and submitted various Applicant’s withdrawal request were
1, at 1 (citing 21 U.S.C. 823(f)). documents in support of his not ‘‘self-explanatory,’’ and were, in
On April 29, 2013, Applicant, acting application. GX 8. The ALJ then ordered fact, ‘‘totally unknown.’’ Id.
pro se, filed a request for a hearing with that the proceeding be terminated. GX 9. Accordingly, the then-Administrator
the DEA Office of Administrative Law Thereafter, on October 29, 2013, the held that the Office of Diversion Control
Judges. GX 2. After the matter was Government submitted a Request for was required to provide Applicant with
assigned to an Administrative Law Final Agency Action. Req. for Final a ‘‘ ‘notice,’ ’’ which was ‘‘ ‘accompanied
Judge (ALJ), Applicant submitted a Agency Action, at 15. Therein, the by a brief statement of the grounds for

VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1
Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices 50043

denial’ ’’ of his withdrawal request. Id. ADDRESSES: Written comments should ACTION: 30-Day notice.
at 3 (quoting 5 U.S.C. 555(e)). be sent to: Drug Enforcement
Because the Office of Diversion Administration, Attention: DEA Federal SUMMARY: The Department of Justice,
Control had not complied with section Register Representative/ODXL, 8701 Office of Justice Programs, Bureau of
555(e), the then-Administrator denied Morrissette Drive, Springfield, Virginia Justice Assistance, will submit the
the Government’s Request for Final 22152. Request for hearings should be following information collection request
Agency Action. Id. The then- sent to: Drug Enforcement for review and clearance in accordance
Administrator returned the record to the Administration, Attention: Hearing with the Paperwork Reduction Act of
Government’s Counsel, with the Clerk/LJ, 8701 Morrissette Drive, 1995. The proposed information
instruction that its Request should not Springfield, Virginia 22152. collection was previously published in
be re-submitted until such time as the SUPPLEMENTARY INFORMATION: The 80 FR 32180, on June 5, 2015, allowing
Office of Diversion Control complied Attorney General has delegated his for a 60-day comment period.
with 5 U.S.C. 555(e) and explained why authority under the Controlled
Applicant has not demonstrated good DATES: Comments are encouraged and
Substances Act to the Administrator of will be accepted for an additional 30
cause to withdraw his application, as the Drug Enforcement Administration
well as why the withdrawal is not in the days until September 17, 2015.
(DEA), 28 CFR 0.100(b). Authority to
public interest. Id. exercise all necessary functions with FOR FURTHER INFORMATION CONTACT: If
On August 7, 2015, Government respect to the promulgation and you have additional comments,
Counsel filed a Request for Dismissal of implementation of 21 CFR part 1301, suggestions, or need a copy of the
Order to Show Cause. Therein, incident to the registration of proposed information collection
Government Counsel represents that on manufacturers, distributors, dispensers, instrument with instructions or
July 30, 3015, the Office of Diversion importers, and exporters of controlled additional information, please contact
Control had decided to allow substances (other than final orders in C. Casto at 1–202–353–7193, Bureau of
Respondent to withdraw his connection with suspension, denial, or Justice Assistance, Office of Justice
application. The Government therefore revocation of registration) has been Programs, U. S. Department of Justice,
requests an Order dismissing the Show redelegated to the Deputy Assistant 810 7th Street NW., Washington, DC,
Cause Order. Administrator of the DEA Office of 20531 or by email at Chris.Casto@
Because the Office of Diversion Diversion Control (‘‘Deputy Assistant usdoj.gov. You may also contact the
Control has granted Respondent’s Administrator’’) pursuant to section 7 of Office of Management and Budget,
withdrawal request, there is no longer 28 CFR part 0, appendix to subpart R. Office of Information and Regulatory
an application to act upon and the case In accordance with 21 CFR Affairs, Attention Department of Justice
is now moot. See Thomas E. Mitchell, 1301.33(a), this is notice that on April Desk Officer, Washington, DC 20503.
76 FR 20032, 20033 (2011). 23, 2015, Austin Pharma LLC, 811 Additionally, comments may be
Accordingly, I grant the Government’s Paloma Drive, Suite C, Round Rock, submitted via email to OIRA_
Request and dismiss the Order to Show Texas 78665–2402 applied to be submissions@omb.eop.gov.
Cause. registered as a bulk manufacturer of the
SUPPLEMENTARY INFORMATION: Written
Order following basic classes of controlled
comments and suggestions from the
substances:
Pursuant to the authority vested in me public and affected agencies concerning
by 21 U.S.C. 823(f), as well as 28 CFR Controlled substance Schedule the proposed collection of information
0.100(b), I order that the Order to Show are encouraged. Your comments should
Cause issued to Matthew Valentine/Liar Marihuana (7360) ......................... I address one or more of the following
Catchers be, and it hereby is, dismissed. Tetrahydrocannabinols (7370) ..... I four points:
This Order is effective immediately. —Evaluate whether the proposed
The company plans to manufacture
Dated: August 10, 2015. collection of information is necessary
bulk synthetic active pharmaceutical
Chuck Rosenberg,
ingredients (APIs) for product for the proper performance of the
Acting-Administrator. development and distribution to its functions of the National Motor
[FR Doc. 2015–20344 Filed 8–17–15; 8:45 am] customers. No other activity for this Vehicle Title Information System
BILLING CODE 4410–09–P drug code is authorized for this (NMVTIS), including whether the
registration. information will have practical utility;
—Evaluate the accuracy of the agency’s
DEPARTMENT OF JUSTICE Dated: August 10, 2015.
estimate of the burden of the
Joseph T. Rannazzisi,
proposed collection of information,
Drug Enforcement Administration Deputy Assistant Administrator. including the validity of the
[Docket No. DEA–392] [FR Doc. 2015–20284 Filed 8–17–15; 8:45 am] methodology and assumptions used;
BILLING CODE 4410–09–P
—Evaluate whether and if so how the
Bulk Manufacturer of Controlled quality, utility, and clarity of the
Substances Application: Austin information to be collected can be
Pharma LLC DEPARTMENT OF JUSTICE
enhanced; and
[OMB Number 1121–0335] —Minimize the burden of the collection
asabaliauskas on DSK5VPTVN1PROD with NOTICES

ACTION: Notice of application.
Agency Information Collection of information on those who are to
DATES: Registered bulk manufacturers of Activities; Proposed eCollection respond, including through the use of
the affected basic classes, and eComments Requested; National appropriate automated, electronic,
applicants therefore, may file written Motor Vehicle Title Information System mechanical, or other technological
comments on or objections to the (NMVTIS) collection techniques or other forms
issuance of the proposed registration in of information technology, e.g.,
accordance with 21 CFR 1301.33(a) on AGENCY:Bureau of Justice Assistance, permitting electronic submission of
or before October 19, 2015. Department of Justice. responses.

VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1
Document Created: 2015-12-15 12:05:04
Document Modified: 2015-12-15 12:05:04
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 50042