81_FR_61420 81 FR 61248 - Importer of Controlled Substances Application: Fisher Clinical Services, Inc.

81 FR 61248 - Importer of Controlled Substances Application: Fisher Clinical Services, Inc.

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 81, Issue 172 (September 6, 2016)

Page Range61248-61249
FR Document2016-21240

Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Notices]
[Pages 61248-61249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21240]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-392]


Importer of Controlled Substances Application: Fisher Clinical 
Services, Inc.

ACTION: Notice of application.

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

DATES: Registered bulk manufacturers of the affected basic classes, and 
applicants therefor, may file written

[[Page 61249]]

comments on or objections to the issuance of the proposed registration 
in accordance with 21 CFR 1301.34(a) on or before October 6, 2016. Such 
persons may also file a written request for a hearing on the 
application pursuant to 21 CFR 1301.43 on or before October 6, 2016.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/ODW, 
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/ODW, 8701 Morrissette Drive, 
Springfield, Virginia 22152.

SUPPLEMENTARY INFORMATION: 
    The Attorney General has delegated her 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 1301.34(a), this is notice that on June 
17, 2016, Fisher Clinical Services, Inc., 7554 Schantz Road, Allentown, 
Pennsylvania 18106 applied to be registered as an importer of the 
following basic classes of controlled substances:

------------------------------------------------------------------------
            Controlled substance                       Schedule
------------------------------------------------------------------------
Methylphenidate (1724).....................  II
Levorphanol (9220).........................  II
Noroxymorphone (9668)......................  II
Tapentadol (9780)..........................  II
------------------------------------------------------------------------

    The company plans to import the listed substances for analytical 
research, testing, and clinical trials. This authorization does not 
extend to the import of finished FDA approved or non-approved dosage 
form for commercial distribution in the United States.
    The company plans to import an intermediate form of tapentadol 
(9780) to bulk manufacture tapentadol for distribution to its 
customers. Placement of this drug code onto the company's registration 
does not translate into automatic approval of subsequent permit 
applications to import controlled substances. Approval of permit 
applications will occur only when the 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 non-
approved finished dosage forms for commercial sale.

Louis J. Milione,
Deputy Assistant Administrator.
[FR Doc. 2016-21240 Filed 9-2-16; 8:45 am]
 BILLING CODE 4410-09-P



                                                  61248                      Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices

                                                  450 Fifth Street NW., Suite 7100                        of this business to the number three                  management business and not solely to
                                                  Washington, DC 20530                                    company in the industry makes no                      Access. In this way fair and open
                                                  Telephone: (202) 598–2436                               sense at all. Instead of forcing this                 competition for the business of any Split
                                                  Facsimile: (202) 514–9033                               divestiture to a huge and growing                     Multi-City Customer would occur
                                                  Email: soyoung.choe@usdoj.gov                           company, the Department of Justice                    allowing either Access or any other
                                                  Certificate of Service                                  should just simply allow those                        service provider to win the business.
                                                                                                          customers affected by the merger out of               The substantial benefit to any Split
                                                     I hereby certify that on this 29th day               their contracts, without penalty, should              Multi-City Customer is obvious. To
                                                  of August, 2016, the foregoing Notice of                they chose to do so. Then those                       restrict the discretion of these Split
                                                  Extension of Time was filed using the                   customers could pick their service                    Multi-City Customers so that they have
                                                  Court’s CM/ECF system, which shall                      provider by price and service and not be              to do business with Access is unfair and
                                                  send notice to all counsel of record.                   forced with the unhappy choice of                     inequitable. Also the qualification to the
                                                  lllll/s/lllll                                           staying with company two or going to                  definition of Split Multi-City Customer
                                                  Soyoung Choe                                            company three. Customers are much                     further has anti-competitive affects and
                                                  U.S. Department of Justice, Antitrust                   better served with choices. The                       restricts open and fair competition.
                                                     Division                                             foundation of our pro-competition                        It is our sincere hope that the
                                                  Networks & Technology Enforcement                       philosophy is choice. The Department                  acquisition of Recall by Iron Mountain
                                                     Section                                              of Justice should not engineer a                      not go forward. If it were to go forward
                                                  450 Fifth Street NW., Suite 7100                        Proposed Final Judgment that serves to                then Recall customers in the affected
                                                  Washington, DC 20530                                    limit customer choices.                               markets should be free (without penalty)
                                                  Telephone: (202) 598–2436                                  It is our further position that the                to choose any new service provider.
                                                  Facsimile: (202) 514–9033                               Proposed Final Judgment requires                      Should the Department of Justice move
                                                  Email: soyoung.choe@usdoj.gov                           changes, at a minimum, to make it more                forward with this Proposed Final
                                                  May 31, 2016                                            equitable and to address our anti-                    Judgment, NRC strongly encourages the
                                                  Via Federal Express                                     competitive concerns.                                 Department of Justice to modify the
                                                  United States Department of Justice                        First, we see no reason why any                    proposed Final Judgment in two ways.
                                                  450 Fifth Street                                        customer of Recall (not just a ‘‘Split-City           First, to delete the qualification to the
                                                  Suite 7100                                              Customer’’) should not have the right to              definition of Split Multi-City Customer
                                                  Washington, DC 20530                                    terminate its contract with Recall                    and second, to modify Provision IV
                                                  Attn: Maribeth Petrizzi                                 without penalty. This is fair and                     Subsection J to enlarge the period from
                                                  Chief Litigation II Section                             reasonable.                                           one (1) year to three (3) years and to
                                                  Antitrust Division                                         Second, the definition for ‘‘Split                 allow any Split Multi-City Customer to
                                                                                                          Multi-City Customer’’ is overly
                                                  Dear Sirs/Madam:                                                                                              terminate or otherwise modify its
                                                                                                          restrictive. The definition used in the
                                                     Please accept these public comments                                                                        contract with Recall so as to enable the
                                                                                                          Proposed Final Judgment contains the
                                                  from Robert S. Moran, Jr., the                                                                                Split Multi-City Customer to transfer its
                                                                                                          qualification that ‘‘a Split Multi-City
                                                  undersigned, a partner of the law firm                                                                        records without penalty or delay to any
                                                                                                          Customer does not include a Recall
                                                  of McBreen & Kopko in connection with                                                                         records storage provider and not only to
                                                                                                          customer that has separate contracts for
                                                  the pending matter captioned United                                                                           Access.
                                                                                                          each Recall facility in which it stores                  The foregoing is submitted
                                                  States vs. Iron Mountain Inc. (‘‘Iron                   records’’. It is our belief that this
                                                  Mountain’’) and Recall Holdings Ltd.                                                                          respectfully and in the interest of fair
                                                                                                          qualifying statement should be deleted
                                                  (‘‘Recall’’); Proposed Final Judgment                                                                         and open competition to enhance the
                                                                                                          from the Split Multi-City Customer
                                                  and Competitive Impact Statement Civil                                                                        opportunity for any records storage
                                                                                                          definition.
                                                  Action No. 1–16–cv–00595. Please be                        In the Proposed Final Judgment                     company to obtain the business that is
                                                  advised that the undersigned represents                 Section IV ‘‘Divestitures’’, subparagraph             being divested as part of this proposed
                                                  National Records Centers, Inc. (‘‘NRC’’)                J it is provided that for a period of one             Final Judgment.
                                                  a nationwide provider of records                                                                                 Thank you.
                                                                                                          ( 1) year from the date of the sale of any
                                                  management services (‘‘RMS’’)                           Divestiture Assets to an Acquirer,                    Very truly yours,
                                                  throughout the United States. NRC                       defendant shall allow any Split Multi-                /s/ lllllllllllllllll
                                                  competes directly with Iron Mountain,                   City Customer to terminate or otherwise               Robert S. Moran, Jr.
                                                  Recall and Access CIG, LLC (‘‘Access’’)                 modify its contract with Recall so as to              RSM:km
                                                  in many markets.                                        enable the Split Multi-City Customer to               [FR Doc. 2016–21287 Filed 9–2–16; 8:45 am]
                                                     It is our position that the proposed                 transfer some or all of its records to that           BILLING CODE P
                                                  acquisition will have an anticompetitive                Acquirer without penalty or delay and
                                                  effect and a detrimental impact on the                  shall not enforce any contractual
                                                  customers of Iron Mountain, Recall and                  provision providing for permanent                     DEPARTMENT OF JUSTICE
                                                  Access throughout the United States.                    withdrawal fees, retrieval fees, or other
                                                  NRC urges the Department of Justice to                  fees associated with transferring such                Drug Enforcement Administration
                                                  completely re-think the Iron Mountain/                  customers’ records from a Recall
                                                                                                                                                                [Docket No. DEA–392]
                                                  Recall merger in its totality. Combining                Management Facility to a facility
                                                  the number one company in the                           operated by Acquirer’’.                               Importer of Controlled Substances
                                                  industry with the number two company                       We see no reason why provision J
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                Application: Fisher Clinical Services,
                                                  is unfair and anticompetitive by its very               does not allow that any Split Multi-City              Inc.
                                                  nature. Approving such an                               Customer can have the discretion to
                                                  anticompetitive combination of                          terminate or otherwise modify its                     ACTION:   Notice of application.
                                                  businesses by merely causing business                   contract with Recall so as to enable the
                                                  number two to shed some of its business                 Split Multi-City Customer to transfer                 DATES:  Registered bulk manufacturers of
                                                  is clearly not enough to result in open                 some or all of its records to any other               the affected basic classes, and
                                                  and fair competition. Forcing divestiture               person or entity engaged in the records               applicants therefor, may file written


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                                                                                Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices                                                             61249

                                                  comments on or objections to the                          commercial distribution in the United                 Administrator’’) pursuant to section 7 of
                                                  issuance of the proposed registration in                  States.                                               28 CFR part 0, appendix to subpart R.
                                                  accordance with 21 CFR 1301.34(a) on                        The company plans to import an                        In accordance with 21 CFR
                                                  or before October 6, 2016. Such persons                   intermediate form of tapentadol (9780)                1301.33(a), this is notice that on May 18,
                                                  may also file a written request for a                     to bulk manufacture tapentadol for                    2016, Cody Laboratories, Inc., 601
                                                  hearing on the application pursuant to                    distribution to its customers. Placement              Yellowstone Avenue, Cody, Wyoming
                                                  21 CFR 1301.43 on or before October 6,                    of this drug code onto the company’s                  82414 applied to be registered as a bulk
                                                  2016.                                                     registration does not translate into                  manufacturer of the following basic
                                                  ADDRESSES: Written comments should                        automatic approval of subsequent                      classes of controlled substances:
                                                  be sent to: Drug Enforcement                              permit applications to import controlled
                                                                                                            substances. Approval of permit                                 Controlled substance                   Schedule
                                                  Administration, Attention: DEA Federal
                                                  Register Representative/ODW, 8701                         applications will occur only when the
                                                                                                                                                                  Dihydromorphine (9145) ...............          I
                                                  Morrissette Drive, Springfield, Virginia                  registrant’s business activity is
                                                                                                                                                                  Amphetamine (1100) ....................         II
                                                  22152. All requests for hearing must be                   consistent with what is authorized                    Methamphetamine (1105) ............             II
                                                  sent to: Drug Enforcement                                 under to 21 U.S.C. 952(a)(2).                         Lisdexamfetamine (1205) .............           II
                                                  Administration, Attn: Administrator,                      Authorization will not extend to the                  Methylphenidate (1724) ................         II
                                                  8701 Morrissette Drive, Springfield,                      import of FDA approved or non-                        Amobarbital (2125) .......................      II
                                                  Virginia 22152. All requests for hearing                  approved finished dosage forms for                    Pentobarbital (2270) .....................      II
                                                                                                            commercial sale.                                      Secobarbital (2315) ......................      II
                                                  should also be sent to: (1) Drug
                                                                                                                                                                  4-Anilino-N-phenethyl-4-piperidine              II
                                                  Enforcement Administration, Attn:                         Louis J. Milione,                                       (ANPP) (8333).
                                                  Hearing Clerk/LJ, 8701 Morrissette                        Deputy Assistant Administrator.                       Cocaine (9041) .............................    II
                                                  Drive, Springfield, Virginia 22152; and                   [FR Doc. 2016–21240 Filed 9–2–16; 8:45 am]            Codeine (9050) .............................    II
                                                  (2) Drug Enforcement Administration,                                                                            Dihydrocodeine (9120) .................         II
                                                                                                            BILLING CODE 4410–09–P
                                                  Attn: DEA Federal Register                                                                                      Oxycodone (9143) ........................       II
                                                  Representative/ODW, 8701 Morrissette                                                                            Hydromorphone (9150) ................           II
                                                  Drive, Springfield, Virginia 22152.                                                                             Diphenoxylate (9170) ...................        II
                                                                                                            DEPARTMENT OF JUSTICE                                 Ecgonine (9180) ...........................     II
                                                  SUPPLEMENTARY INFORMATION:                                                                                      Hydrocodone (9193) .....................        II
                                                     The Attorney General has delegated                     Drug Enforcement Administration                       Meperidine (9230) ........................      II
                                                  her authority under the Controlled                        [Docket No. DEA–392]                                  Methadone (9250) ........................       II
                                                  Substances Act to the Administrator of                                                                          Methadone intermediate (9254) ...               II
                                                  the Drug Enforcement Administration                                                                             Morphine (9300) ...........................     II
                                                                                                            Bulk Manufacturer of Controlled
                                                  (DEA), 28 CFR 0.100(b). Authority to                                                                            Thebaine (9333) ...........................     II
                                                                                                            Substances Application: Cody                          Oxymorphone (9652) ...................          II
                                                  exercise all necessary functions with                     Laboratories, Inc.                                    Alfentanil (9737) ...........................   II
                                                  respect to the promulgation and                                                                                 Remifentanil (9739) ......................      II
                                                  implementation of 21 CFR part 1301,                       ACTION:   Notice of application.                      Sufentanil (9740) ..........................    II
                                                  incident to the registration of                                                                                 Tapentadol (9780) ........................      II
                                                  manufacturers, distributors, dispensers,                  DATES:  Registered bulk manufacturers of              Fentanyl (9801) ............................    II
                                                  importers, and exporters of controlled                    the affected basic classes, and
                                                  substances (other than final orders in                    applicants therefore, may file written                  The company plans to manufacture
                                                  connection with suspension, denial, or                    comments on or objections to the                      the listed controlled substances in bulk
                                                  revocation of registration) has been                      issuance of the proposed registration in              for distribution to its customers.
                                                  redelegated to the Deputy Assistant                       accordance with 21 CFR 1301.33(a) on
                                                                                                                                                                  Louis J. Milione,
                                                  Administrator of the DEA Office of                        or before November 7, 2016.
                                                                                                                                                                  Deputy Assistant Administrator.
                                                  Diversion Control (‘‘Deputy Assistant                     ADDRESSES: Written comments should
                                                  Administrator’’) pursuant to section 7 of                                                                       [FR Doc. 2016–21238 Filed 9–2–16; 8:45 am]
                                                                                                            be sent to: Drug Enforcement
                                                  28 CFR part 0, appendix to subpart R.                     Administration, Attention: DEA Federal                BILLING CODE 4410–09–P

                                                     In accordance with 21 CFR                              Register Representative/ODW, 8701
                                                  1301.34(a), this is notice that on June                   Morrissette Drive, Springfield, Virginia
                                                                                                                                                                  DEPARTMENT OF JUSTICE
                                                  17, 2016, Fisher Clinical Services, Inc.,                 22152.
                                                  7554 Schantz Road, Allentown,                             SUPPLEMENTARY INFORMATION:      The                   Drug Enforcement Administration
                                                  Pennsylvania 18106 applied to be                          Attorney General has delegated her
                                                  registered as an importer of the                                                                                [Docket No. DEA–392]
                                                                                                            authority under the Controlled
                                                  following basic classes of controlled                     Substances Act to the Administrator of
                                                  substances:                                                                                                     Bulk Manufacturer of Controlled
                                                                                                            the Drug Enforcement Administration                   Substances Application: Isosciences
                                                                                                            (DEA), 28 CFR 0.100(b). Authority to
                                                          Controlled substance                 Schedule
                                                                                                            exercise all necessary functions with                 ACTION:    Notice of application.
                                                  Methylphenidate (1724) ................      II           respect to the promulgation and
                                                  Levorphanol (9220) ......................    II           implementation of 21 CFR part 1301,                   DATES:  Registered bulk manufacturers of
                                                  Noroxymorphone (9668) ..............         II           incident to the registration of                       the affected basic classes, and
                                                  Tapentadol (9780) ........................   II           manufacturers, distributors, dispensers,              applicants therefore, may file written
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                            importers, and exporters of controlled                comments on or objections to the
                                                     The company plans to import the                        substances (other than final orders in                issuance of the proposed registration in
                                                  listed substances for analytical research,                connection with suspension, denial, or                accordance with 21 CFR 1301.33(a) on
                                                  testing, and clinical trials. This                        revocation of registration) has been                  or before November 7, 2016.
                                                  authorization does not extend to the                      redelegated to the Deputy Assistant                   ADDRESSES: Written comments should
                                                  import of finished FDA approved or                        Administrator of the DEA Office of                    be sent to: Drug Enforcement
                                                  non-approved dosage form for                              Diversion Control (‘‘Deputy Assistant                 Administration, Attention: DEA Federal


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Document Created: 2018-02-09 12:04:00
Document Modified: 2018-02-09 12:04:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application.
DatesRegistered bulk manufacturers of the affected basic classes, and applicants therefor, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.34(a) on or before October 6, 2016. Such persons may also file a written request for a hearing on the application pursuant to 21 CFR 1301.43 on or before October 6, 2016.
FR Citation81 FR 61248 

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