58544 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Anne C. Mason, M.D.; Revocation of 

Registration 

On March 2, 2004, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Anne C. Mason, M.D. 

(Dr. Mason) who was notified of an 

opportunity to show cause as to why 

DEA should not revoke her DEA 

Certificate of Registration, BM0654005, 

pursuant to 21 U.S.C. 824(a)(3). 

Specifically, the Order to Show Cause 

alleged that Dr. Mason was without state 

license to handle controlled substances 

in the State of Alabama. The Order to 

Show Cause also notified Dr. Mason that 

should no request for a hearing be filed 

within 30 days, her hearing right would 

be deemed waived. 

The Order to Show Cause was sent by 

certified mail to Dr. Mason at her 

registered location in Hanceville, 

Alabama, with a copy sent to a second 

location in Vestavia Hills, Alabama. The 

order sent to Dr. Mason’s address of 

record was subsequently returned to 

DEA by the United States Postal Service 

with a stamped notation: 

‘‘Undeliverable As Addressed, 

Forwarding Order Expired.’’ The order 

sent to the second location was also 

returned with a stamped notation: 

‘‘Attempted, Not Known.’’ According to 

the investigative file, DEA personnel 

have made several attempts to locate Dr. 

Mason without success. DEA has not 

received a request for hearing or any 

other reply from Dr. Mason or anyone 

purporting to represent her in the 

matter. 

Therefore, the Deputy Administrator 

of DEA, finding that (1) thirty days 

having passed since the attempted 

delivery of the Show Cause to the 

registrant’s address of record. as well as 

to a second address, and (2) no request 

for hearing having been received 

concludes that Dr. Mason is deemed to 

have waived her hearing right. See 

David W. Linder, 67 FR 12579 (2002). 

After considering material from the 

investigative file in this matter, the 

Deputy Administrator now enters her 

final order without a hearing pursuant 

to 21 CFR 1301.43(d) and (e) and 

1301.46. 

The Deputy Administrator finds that 

Dr. Mason is currently registered with 

DEA as a practitioner authorized to 

handle controlled substances in 

Schedules II through V. Contained 

within the investigative file is an Order 

dated September 8, 2003, and issued by 

the Medical Licensure Commission of 

Alabama (the Commission). The 

Commission was convened to render a 

ruling in the matter of an Application to 

Reinstate License filed by Dr. Mason 

and subsequent Notice of Intent to 

Contest Reinstatement and an 

Administrative Complaint filed by the 

Alabama State Board of Medical 

Examiners. 

The Commission found that on 

January 30, 2003, Dr. Mason failed to 

renew her Alabama medical license for 

the year 2003, and as a result, that 

license was revoked by operation of law. 

The Commission also found that Dr. 

Mason suffered from opiate abuse and 

major depression for which she refused 

or failed to participate in a program for 

rehabilitation. As a consequence, the 

Commission concluded that Dr. Mason 

was unable to practice medicine with 

‘‘reasonable skill and safety to patients.’’

As a result of its findings, the 

Commission denied Dr. Mason’s 

application for reinstatement of her 

Alabama medical license. 

There is no evidence before the 

Deputy Administrator to rebut findings 

that Dr. Mason’s Alabama medical 

license has been revoked and has not 

been reinstated. Therefore, the Deputy 

Administrator finds that Dr. Mason is 

currently not authorized to handle 

controlled substances in Alabama. 

DEA does not have statutory authority 

under the Controlled Substances Act to 

issue or maintain a registration if the 

applicant or registrant is without state 

authority to handle controlled 

substances in the state in which he 

conducts business. See 21 U.S.C. 

802(21), 823(f) and 824(a)(3). This 

prerequisite has been consistently 

upheld. See Richard J. Clement, M.D.,

68 FR 12103 (2003); Dominick A. Ricci, 

M.D., 58 FR 51104 (1993); Bobby Watts, 

M.D., 53 FR 11919 (1988). 

Here, it is clear that Dr. Mason’s state 

medical license has been revoked and 

there is no information before the 

Deputy Administrator which points to 

any reversal of the revocation action. As 

a result, Dr. Mason is not licensed to 

handle controlled substances in 

Alabama, where she is registered with 

DEA, and therefore, she is not entitled 

to maintain that registration. 

Accordingly, the Deputy 

Administrator of the Drug Enforcement 

Administration, pursuant to the 

authority vested in her by 21 U.S.C. 823 

and 824 and 28 CFR 0.100(b) and 0.104, 

hereby orders that DEA Certificate of 

Registration, BM0654005, issued to 

Anne C. Mason M.D., be, and it hereby 

is, revoked. The Deputy Administrator 

further orders that any pending 

applications for renewal or modification 

of the aforementioned registration be, 

and it hereby is, needed. This order is 

effective November 1, 2004.

Dated: September 8, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–21963 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Application 

Pursuant to 21 CFR 1301.33(a), this is 

notice that on July 19, 2004, Noramco 

Inc., 1440 Olympic Drive, Athens, 

Georgia 30601, made application by 

renewal to the Drug Enforcement 

Administration (DEA) for registration as 

a bulk manufacturer of the basic classes 

of controlled substances listed:

Drug Schedule 

Codeine-N-Oxide (9053) .............. I 

Morphine-N-Oxide (9307) ............. I 

Amphetamine (1100) .................... II 

Codeine (9050) ............................. II 

Oxycodone (9143) ........................ II 

Hydromorphone (9150) ................ II 

Hydrocodone (9193) ..................... II 

Morphine (9300) ........................... II 

Thebaine (9333) ........................... II 

Sufentanil (9740) .......................... II 

Fentanyl (9801) ............................ II 

The company plans to manufacture 

small quantities of the Schedule I 

products for internal testing; the 

Schedule II product will be 

manufactured for distribution to a 

customer. 

Any other such applicant and any 

person who is presently registered with 

DEA to manufacture such a substance 

may file comments or objections to the 

issuance of the proposed registration 

pursuant to 21 CFR 1301.33(a). 

Any such comments or objections 

may be addressed, in quintuplicate, to 

the Deputy Assistant Administrator, 

Office of Diversion Control, Drug 

Enforcement Administration, United 

States Department of Justice, 

Washington, DC 20537, Attention: DEA 

Federal Register Representative (CCD) 

and must be filed no later than 

November 27, 2004.

Dated: September 16, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21945 Filed 9–29–04; 8:45 am] 

BILLING CODE 4401–09–M