83_FR_22611 83 FR 22517 - Importer of Controlled Substances Application: Rhodes Technologies

83 FR 22517 - Importer of Controlled Substances Application: Rhodes Technologies

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range22517-22518
FR Document2018-10302

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22517-22518]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10302]


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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



                                                                                            Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                                                            22517

                                               revocation of registration) has been                              authority under the Controlled                                    hearing on the application on or before
                                               redelegated to the Assistant                                      Substances Act to the Administrator of                            June 14, 2018.
                                               Administrator of the DEA Diversion                                the Drug Enforcement Administration                               ADDRESSES: Written comments should
                                               Control Division (‘‘Assistant                                     (DEA), 28 CFR 0.100(b). Authority to                              be sent to: Drug Enforcement
                                               Administrator’’) pursuant to section 7 of                         exercise all necessary functions with                             Administration, Attention: DEA Federal
                                               28 CFR part 0, appendix to subpart R.                             respect to the promulgation and                                   Register Representative/DRW, 8701
                                                  In accordance with 21 CFR                                      implementation of 21 CFR part 1301,                               Morrissette Drive, Springfield, Virginia
                                               1301.33(a), this is notice that on April                          incident to the registration of                                   22152. All requests for hearing must be
                                               5, 2017, Patheon API Manufacturing,                               manufacturers, distributors, dispensers,                          sent to: Drug Enforcement
                                               Inc., 309 Delaware Street, Building                               importers, and exporters of controlled                            Administration, Attn: Administrator,
                                               1106, Greenville, South Carolina 29605                            substances (other than final orders in                            8701 Morrissette Drive, Springfield,
                                               applied to be registered as a bulk                                connection with suspension, denial, or                            Virginia 22152. All requests for hearing
                                               manufacturer of the following basic                               revocation of registration) has been                              should also be sent to: (1) Drug
                                               classes of controlled substances:                                 redelegated to the Assistant                                      Enforcement Administration, Attn:
                                                                                                                 Administrator of the DEA Diversion                                Hearing Clerk/LJ, 8701 Morrissette
                                               Thebaine .................................    9333   II
                                               Noroxymorphone ....................           9668   II           Control Division (‘‘Assistant                                     Drive, Springfield, Virginia 22152; and
                                                                                                                 Administrator’’) pursuant to section 7 of                         (2) Drug Enforcement Administration,
                                                 The company plans to manufacture                                28 CFR part 0, appendix to subpart R.                             Attn: DEA Federal Register
                                               the above-listed controlled substances                              In accordance with 21 CFR                                       Representative/DRW, 8701 Morrissette
                                               as Active Pharmaceutical Ingredient                               1301.34(a), this is notice that on April                          Drive, Springfield, Virginia 22152.
                                               (API) for supply to its customers.                                18, 2018, Mylan Pharmaceuticals, Inc.,                            Comments and requests for hearings on
                                                 Dated: May 1, 2018.                                             3711 Collins Ferry Road, Morgantown,                              applications to import narcotic raw
                                                                                                                 West Virginia 26505 applied to be                                 material are not appropriate. 72 FR
                                               Susan A. Gibson,
                                                                                                                 registered as an importer of the                                  3417, (January 25, 2007).
                                               Deputy Assistant Administrator.
                                                                                                                 following basic classes of controlled                             SUPPLEMENTARY INFORMATION: The
                                               [FR Doc. 2018–10303 Filed 5–14–18; 8:45 am]
                                                                                                                 substances:                                                       Attorney General has delegated his
                                               BILLING CODE 4410–09–P
                                                                                                                                                                                   authority under the Controlled
                                                                                                                 Amphetamine ..........................        1100    II
                                                                                                                 Methylphenidate ......................        1724    II          Substances Act to the Administrator of
                                               DEPARTMENT OF JUSTICE                                             Oxycodone ..............................      9143    II          the Drug Enforcement Administration
                                                                                                                 Hydromorphone ......................          9150    II          (DEA), 28 CFR 0.100(b). Authority to
                                                                                                                 Methadone ..............................      9250    II          exercise all necessary functions with
                                               Drug Enforcement Administration                                   Morphine .................................    9300    II
                                                                                                                 Fentanyl ..................................   9801    II          respect to the promulgation and
                                               [Docket No. DEA–392]
                                                                                                                                                                                   implementation of 21 CFR part 1301,
                                               Importer of Controlled Substances                                    The company plans to import the                                incident to the registration of
                                               Application: Mylan Pharmaceuticals,                               listed controlled substances in finished                          manufacturers, distributors, dispensers,
                                               Inc.                                                              dosage form (FDF) from foreign sources                            importers, and exporters of controlled
                                                                                                                 for analytical testing and clinical trials                        substances (other than final orders in
                                               ACTION:       Notice of application.                              in which the foreign FDF will be                                  connection with suspension, denial, or
                                                                                                                 compared to the company’s own                                     revocation of registration) has been
                                               DATES:  Registered bulk manufacturers of                          domestically-manufactured FDF.                                    redelegated to the Assistant
                                               the affected basic classes, and                                      This analysis is required to allow the                         Administrator of the DEA Diversion
                                               applicants therefore, may file written                            company to export domestically-                                   Control Division (‘‘Assistant
                                               comments on or objections to the                                  manufactured FDF to foreign markets.                              Administrator’’) pursuant to section 7 of
                                               issuance of the proposed registration on                                                                                            28 CFR part 0, appendix to subpart R.
                                               or before June 14, 2018. Such persons                               Dated: April 25, 2018.
                                                                                                                                                                                      In accordance with 21 CFR
                                               may also file a written request for a                             Susan A. Gibson,                                                  1301.34(a), this is notice that on April
                                               hearing on the application on or before                           Deputy Assistant Administrator.                                   6, 2018, Rhodes Technologies, 498
                                               June 14, 2018.                                                    [FR Doc. 2018–10301 Filed 5–14–18; 8:45 am]                       Washington Street, Coventry, Rhode
                                               ADDRESSES: Written comments should                                BILLING CODE 4410–09–P                                            Island 02816 applied to be registered as
                                               be sent to: Drug Enforcement                                                                                                        an importer of the following basic
                                               Administration, Attention: DEA Federal                                                                                              classes of controlled substances:
                                               Register Representative/DRW, 8701                                 DEPARTMENT OF JUSTICE
                                               Morrissette Drive, Springfield, Virginia                                                                                            Tetrahydrocannabinols ...........            7370   I
                                               22152. All requests for hearing must be                           Drug Enforcement Administration                                   Methylphenidate ......................       1724   II
                                                                                                                                                                                   Oxycodone ..............................     9143   II
                                               sent to: Drug Enforcement                                                                                                           Hydromorphone ......................         9150   II
                                                                                                                 [Docket No. DEA–392]
                                               Administration, Attn: Administrator,                                                                                                Hydrocodone ...........................      9193   II
                                               8701 Morrissette Drive, Springfield,                              Importer of Controlled Substances
                                                                                                                                                                                   Morphine .................................   9300   II
                                               Virginia 22152. All requests for hearing                                                                                            Opium, raw .............................     9600   II
                                                                                                                 Application: Rhodes Technologies                                  Oxymorphone .........................        9652   II
                                               should also be sent to: (1) Drug                                                                                                    Poppy Straw Concentrate .......              9670   II
                                               Enforcement Administration, Attn:                                 ACTION:       Notice of application.
                                               Hearing Clerk/LJ, 8701 Morrissette                                                                                                    The company plans to import opium,
daltland on DSKBBV9HB2PROD with NOTICES




                                               Drive, Springfield, Virginia 22152; and                           DATES:  Registered bulk manufacturers of                          raw (9600) and poppy straw concentrate
                                               (2) Drug Enforcement Administration,                              the affected basic classes, and                                   (9670) in order to bulk manufacture
                                               Attn: DEA Federal Register                                        applicants therefore, may file written                            controlled substances in Active
                                               Representative/DRW, 8701 Morrissette                              comments on or objections to the                                  Pharmaceutical Ingredient (API) form.
                                               Drive, Springfield, Virginia 22152.                               issuance of the proposed registration on                          The company distributes the
                                               SUPPLEMENTARY INFORMATION: The                                    or before June 14, 2018. Such persons                             manufactured APIs in bulk to its
                                               Attorney General has delegated his                                may also file a written request for a                             customers.


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                                               22518                           Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                                  The company plans to import the                         The Show Cause Order notified                       Accordingly, I find that Respondent’s
                                               other listed controlled substances for                  Respondent of his right to request a                   registration expired on February 28,
                                               internal reference standards use only.                  hearing or to submit a written statement               2018 and that there is no application to
                                               The comparisons of foreign reference                    while waiving his right to a hearing, the              act upon.
                                               standards to the company’s                              procedure for electing either option, and                 DEA has long held that ‘‘ ‘if a
                                               domestically manufactured API will                      the consequence of failing to elect either             registrant has not submitted a timely
                                               allow the company to export                             option. Id. at 2 (citing 21 CFR 1301.43).              renewal application prior to the
                                               domestically manufactured API to                        The Order also notified Respondent of                  expiration date, then the registration
                                               foreign markets.                                        his right to submit a corrective action                expires and there is nothing to
                                                 Dated: April 25, 2018.                                plan. Id. at 2–3 (citing 21 U.S.C.                     revoke.’ ’’ Donald Brooks Reece II, M.D.,
                                                                                                       824(c)(2)(C)).                                         77 FR 35054, 35055 (2012) (quoting
                                               Susan A. Gibson,
                                                                                                          On November 8, 2017, Respondent                     Ronald J. Riegel, 63 FR 67312, 67133
                                               Deputy Assistant Administrator.                         was personally served with the Show                    (1998)); see also Thomas E. Mitchell, 76
                                               [FR Doc. 2018–10302 Filed 5–14–18; 8:45 am]             Cause Order, and on December 8, 2018,                  FR 20032, 20033 (2011). ‘‘Moreover, in
                                               BILLING CODE 4410–09–P                                  Respondent requested a hearing. Resp.                  the absence of an application (whether
                                                                                                       Hrng. Req. at 1. The matter was placed                 timely filed or not), there is nothing to
                                                                                                       on the docket of the Office of                         act upon.’’ Reece, 77 FR at 35055.
                                               DEPARTMENT OF JUSTICE                                   Administrative Law Judges and assigned                 Accordingly, because Respondent has
                                                                                                       to ALJ Charles Wm. Dorman, who, on                     allowed his registration to expire and
                                               Drug Enforcement Administration                         December 11, 2017, issued an order                     did not file an application to renew his
                                                                                                       setting the briefing schedule. See                     registration or for any other registration
                                               [No. 18–12]                                             Briefing Schedule for Lack of State                    in Pennsylvania, this case is now moot
                                                                                                       Authority Allegations, at 1.                           and will be dismissed.
                                               Donald Kenneth Shreves, D.V.M.;                            On January 4, 2018, the Government
                                               Dismissal of Proceeding                                 submitted a Motion for Summary                         Order
                                                  On October 31, 2017, the Acting                      Disposition; as support for its motion,                  Pursuant to the authority vested in me
                                               Assistant Administrator, Diversion                      the Government attached a copy of the                  by 21 U.S.C. 824(a), as well as 28 CFR
                                               Control Division, issued an Order to                    Board’s Suspension Order and a                         0.100(b), I order that the Order to Show
                                               Show Cause to Donald Kenneth                            Declaration of a DEA Task Force Office                 Cause issued to Donald K. Shreves,
                                               Shreves, D.V.M. (Respondent), of                        that Respondent’s Veterinary License                   D.V.M., be, and it hereby is, dismissed.
                                                                                                       remained suspended as of January 2,                    This Order is effective immediately.
                                               Pottstown, Pennsylvania. The Show
                                                                                                       2017, when she queried the Board’s
                                               Cause Order proposed the revocation of                                                                           Dated: May 7, 2018.
                                                                                                       website. Mot. for Summ. Disp.,
                                               Respondent’s Certificate of Registration                                                                       Robert W. Patterson,
                                                                                                       Attachments 3; 5; 6, at 2. On January 10,
                                               on the ground that he does ‘‘not have                                                                          Acting Administrator.
                                                                                                       2018, Respondent filed his reply and
                                               authority to handle controlled
                                                                                                       admitted that he was currently without                 [FR Doc. 2018–10305 Filed 5–14–18; 8:45 am]
                                               substances in the State of Pennsylvania,
                                                                                                       authority to handle controlled                         BILLING CODE 4410–09–P
                                               the [S]tate in which [he is] registered
                                                                                                       substances in Pennsylvania. Resp.’s
                                               with the’’ Agency. Show Cause Order, at
                                                                                                       Reply to Govt. Mot. for Summ. Disp., at
                                               1.
                                                                                                       1.                                                     DEPARTMENT OF JUSTICE
                                                  With respect to the Agency’s                            On January 11, 2018, the ALJ issued
                                               jurisdiction, the Show Cause Order                      his Recommended Decision (R.D.).                       Drug Enforcement Administration
                                               alleged that Respondent is registered ‘‘as              Therein, the ALJ found that there was
                                               a practitioner in [s]chedules II–V under                no dispute over the material fact that                 [Docket No. DEA–392]
                                               . . . registration number BS5342934,’’ at               Respondent lacks authority to dispense
                                               the location of ‘‘1361C Farmington Ave.,                controlled substances in Pennsylvania.                 Bulk Manufacturer of Controlled
                                               Pottstown, Pennsylvania.’’ Id. The Order                Id. at 5–6. The ALJ thus granted the                   Substances Registration
                                               further alleged that Respondent’s                       Government’s Motion for Summary
                                               registration was due to expire on                       Disposition and recommended that                       ACTION:   Notice of registration.
                                               February 28, 2018. Id.                                  Respondent’s registration be revoked.
                                                  As the substantive ground for the                    Id.                                                    SUMMARY:   Registrants listed below have
                                               proceeding, the Show Cause Order                           Neither party filed exceptions to the               applied for and been granted
                                               alleged that on September 28, 2017, the                 Recommended Decision. On February 6,                   registration by the Drug Enforcement
                                               Pennsylvania Board of Veterinary                        2018, the ALJ forwarded the record to                  Administration (DEA) as bulk
                                               Medicine ‘‘issued an Order of                           my Office.                                             manufacturers of various classes of
                                               Temporary Suspension’’ of his                              Having reviewed the record, I hold                  schedule I and II controlled substances.
                                               veterinary medicine license. Id. at 1–2.                that this proceeding is now moot. The                  SUPPLEMENTARY INFORMATION: The
                                               The Order alleged that as a consequence                 evidence in the record establishes that                companies listed below applied to be
                                               of the Board’s action, Respondent is                    Respondent’s registration was due to                   registered as bulk manufacturers of
                                               currently ‘‘without to handle controlled                expire on February 28, 2018, and                       various basic classes of controlled
                                               substances in . . . Pennsylvania, the                   according to the Agency’s registration                 substances. Information on previously
                                               [S]tate in which’’ he is registered, and                record for Respondent of which I take                  published notices is listed in the table
daltland on DSKBBV9HB2PROD with NOTICES




                                               therefore, his registration should be                   official notice,1 he has not submitted an              below. No comments or objections were
                                               revoked. Id. at 2.                                      application to renew his registration.                 submitted for these notices.
                                                 1 Under the Administrative Procedure Act (APA),       W. Gaunt & Sons, Inc., Reprint 1979). In accordance    opportunity to refute the facts of which I take
                                               an agency ‘‘may take official notice of facts at any    with the APA and DEA’s regulations, Respondent         official notice, Respondent may file a motion for
                                               stage in a proceeding—even in the final decision.’’     is ‘‘entitled on timely request to an opportunity to   reconsideration within fifteen calendar days of
                                               U.S. Dept. of Justice, Attorney General’s Manual on     show to the contrary.’’ 5 U.S.C. 556(e); see also 21   service of this order which shall commence on the
                                               the Administrative Procedure Act 80 (1947) (Wm.         CFR 1316.59(e). To allow Respondent the                date this order is mailed.



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Document Created: 2018-05-15 00:34:28
Document Modified: 2018-05-15 00:34:28
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 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.
FR Citation83 FR 22517 

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