58540 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 

the basic classes of controlled 

substances listed:

Drug Schedule 

Methaqualone (2565) ................... I 

Dimethyltryptamine (7435) ........... I 

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

Methamphetamine (1105) ............ II 

Pentobarbital (2270) ..................... II 

Secobarbital (2315) ...................... II 

Phencyclidine (7471) .................... II 

Cocaine (9041) ............................. II 

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

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

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

Benzzoylecgonine (9180) ............. II 

Methadone (9250) ........................ II 

Dextropropoxyphene (9273) ......... II 

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

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

The company plans to manufacture 

small quantities of the listed controlled 

substances to produce isotope labeled 

standards for drug analysis. 

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 29, 2004.

Dated: September 16, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21947 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

[Docket No. 03–27] 

Paramabaloth Edwin, M.D.; Revocation 

of Registration 

On April 24, 2003, the Deputy 

Administrator of the Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause/Immediate Suspension 

of Registration to Paramabaloth Edwin, 

M.D. (Dr. Edwin), notifying him of an 

opportunity to show cause as to why 

DEA should not revoke his DEA 

Certificate of Registration, AE7528295, 

as a practitioner, and deny any pending 

applications for renewal of registration 

pursuant to 21 U.S.C. 824(a)(4), for 

reason that Dr. Edwin’s continued 

registration would be inconsistent with 

the public interest. The Order to Show 

Cause/Immediate Suspension of 

Registration further advised Dr. Edwin 

that his DEA Certification of 

Registration had been suspended, 

pursuant to 21 U.S.C. 824(d), as an 

imminent danger to public health and 

safety. 

The Order to Show Cause/Immediate 

Suspension of Registration alleged, in 

part, that in August 2001, DEA had 

received information from a cooperating 

source that Dr. Edwin was selling and 

prescribing controlled substances for 

non-therapeutic uses. This information 

was corroborated by interviews of 

former patients, pharmacists and 

acquaintances of Dr. Edwin, as well as 

through a cooperating individual who 

purchased controlled substances from 

Dr. Edwin. It further alleged Dr. Edwin 

had purchased excessive quantities of 

controlled substances, stored controlled 

substances at an unregistered location 

and that his prescribing practices had 

hastened the addiction and/or death of 

patients. 

Finally, it was alleged that on April 

17, 2003, the Illinois Department of 

Professional Regulations (IDPR) 

summarily suspended Dr. Edwin’s state 

medical and controlled substance 

licenses, thus rendering him without 

state authority to handle controlled 

substances. 

By letter dated May 21, 2003, Dr. 

Edwin, through counsel, requested a 

hearing and on May 29, 2003, Presiding 

Administrative Law Judge Mary Ellen 

Bittner (Judge Bittner) ordered the 

parties to file prehearing statements. On 

June 13, 2003, in lieu of filing a 

prehearing statement, the Government 

filed a Motion for Summary Disposition, 

asserting Dr. Edwin was without 

authorization to handle controlled 

substances in the State of Illinois and as 

a result, further proceedings in the 

matter were not required. Attached to 

the Government’s motion was a copy of 

the IDPR’s Order dated April 17, 2003, 

directing Dr. Edwin to ‘‘immediately 

surrender all indicia of licensure to the 

Department.’’

On June 16, 2003, Judge Bittner issued 

a Memorandum to the Parties affording 

Dr. Edwin an opportunity to respond to 

the Government’s motion. In his 

response, Dr. Edwin argued it would 

violate due process to summarily 

dispose of the case premised on the 

IDPR’s Order, which, according to Dr. 

Edwin, was ‘‘based on mere allegations, 

which have not yet been tested.’’ Dr. 

Edwin further argued there had been no 

hearings before the IDPR in which he 

had been afforded a chance to present 

evidence or rebut the allegations against 

him. However, Dr. Edwin did not deny 

that his state professional licenses had 

been surrendered.

On July 18, 2003, Judge Bittner issued 

the Opinion and Recommended 

Decision of the Administrative Law 

Judge (Opinion and Recommended 

Decision). As part of her recommended 

ruling, Judge Bittner granted the 

Government’s Motion for Summary 

Disposition, finding Dr. Edwin lacked 

authorization to handle controlled 

substances in Illinois, the jurisdiction in 

which he is registered with DEA. 

In granting the Government’s motion, 

Judge Bittner further recommended that 

Dr. Edwin’s DEA registration be revoked 

and any pending applications for 

modification or renewal be denied. No 

exceptions to the Opinion and 

Recommended Decision were filed. 

The Deputy Administrator has 

considered the record in its entirety and 

pursuant to 21 CFR 1316.67, hereby 

issues her final order based upon 

findings of fact and conclusions of law 

as hereinafter set forth. The Deputy 

Administrator adopts, in full, the 

Opinion and Recommended Decision of 

the Administrative Law Judge. 

The Deputy Administrator finds that 

Dr. Edwin currently possesses DEA 

Certificate of Registration AE7528295, 

and is registered to handle controlled 

substances in the State of Illinois. The 

Deputy Administrator further finds that 

in response to allegations of 

professional misconduct, on April 17, 

2003, the IDPR issued an order directing 

Dr. Edwin to surrender all professional 

licenses. There is no evidence before the 

Deputy Administrator that IDPR’s Order 

has been lifted, stayed or modified. 

Therefore, the Deputy Administrator 

finds that Dr. Edwin is currently not 

licensed to practice medicine in Illinois 

and as a result, it is reasonable to infer 

he is also without authorization to 

handle controlled substances in that 

state. 

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 Stephen J. Graham, M.D., 

69 FR 11661 (2004); Dominick A. Ricci, 

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

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

also appropriate when a state license 

has been suspended, but with the 

possibility of future reinstatement. See

Alton E. Ingram, Jr., M.D., 69 FR 22562 

Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 58541

(2004); Anne Lazar Thorn, M.D., 62 FR 

847 (1997). 

Here, it is clear Dr. Edwin is not 

currently licensed to handle controlled 

substances in Illinois, where he is 

registered with DEA. Therefore, he is 

not entitled to maintain that 

registration. Because Dr. Edwin is not 

entitled to a DEA registration in Illinois 

due to lack of state authorization to 

handle controlled substances, the 

Deputy Administrator concludes it is 

unnecessary to address whether Dr. 

Edwin’s registration should be revoked 

based upon the remaining public 

interest grounds asserted in the Order to 

Show Cause/Immediate Suspension of 

Registration. See Fereida WalkerGraham, M.D., 68 FR 24761 (2003); 

Nathaniel-Aikens-Afful, M.D., 69 FR 

16871 (1997); Sam F. Moore, D.V.M., 58 

FR 14428 (1993). 

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, AE7528295, issued to 

Paramabaloth Edwin, M.D., be, and it 

hereby is, revoked. The Deputy 

Administrator further orders that any 

pending applications for renewal or 

modification of such registration be, and 

they hereby are, denied. This order is 

effective November 1, 2004.

Dated: September 13, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–21967 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 

a notice that on June 10, 2004 Aldrich 

Chemical Company Inc., DBA Isotec, 

3858 Benner Road, Miamisburg, Ohio 

45342–4304, 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 

Cathinone (1235) .......................... I 

Methcathinone (1237) .................. I 

N-Ethylamphetamine (1475) ........ I 

N,N-Dimethylamphetamine (1480) I 

Aminorex (1585) ........................... I 

Gamma hydroxybutyric acid 

(2010).

I 

Methaqualone (2565) ................... I 

Drug Schedule 

Lysergic acid dethylamide (7315) I 

Tetrahydrocannabinols (7370) ..... I 

Mescaline (7381) .......................... I 

2,5-Dimethoxyamophetamine 

(7396).

I 

3,4-Methylenedioxyamphetamine 

(7400).

I 

3,4-Methylenedioxy-Nethylamphetamine (7404).I 

3,4-Methylenedioxy-methamphetamine (7405).I 

4-Methoxyamphetamine (7411) ... I 

Psilocybin (7437) .......................... I 

Psilocyn (7438) ............................. I 

N-Ethyl-1-phenylcyclohexalamine 

(7455).

I 

Dihydromorphine (9145) ............... I 

Normorphine (9313) ..................... I 

Acetylmethadol (9601) ................. I 

Alphacetylmethadol Except LevoAlphacetylmethadol (9603).I 

Normethadone (9635) .................. I 

3-Methylfentanyl (9813) ................ I 

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

Methamphetamine (1105) ............ II 

Methylphenidate (1724) ................ II 

Amobarbital (2125) ....................... II 

Pentobarbital (2270) ..................... II 

Secobarbital (2315) ...................... II 

1-Phenylcyclohexalamine (7460) II 

Phencyclidine (7471) .................... II 

Phenylacetone (8501) .................. II 

1-Piperidinocyclohexanecarbonitrile (8603).II 

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

Dihydrocodeine (9120) ................. II 

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

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

Benzoylecgonine (9180) ............... II 

Ethylmorphine (9190) ................... II 

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

Isomethadone (9226) ................... II 

Meperidine (9230) ........................ II 

Meperidine intermediate-A (9232) II 

Meperidine intermediate-B (9233) II 

Methadone (9250) ........................ II 

Methadone intermediate (9254) ... II 

Dextropropoxyphene, bulk, (nondosage forms) (9273).II 

Levo-alphacetylmethadol (9648) .. II 

Oxymorphone (9652) ................... II 

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

The company plans to manufacture 

small quantities of the listed controlled 

substances to produce isotope labeled 

standards for drug analysis. 

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 (60 days 

from publication).

Dated: September 16, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21944 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Sheldon Kantor, D.P.M.; Revocation of 

Registration 

On March 28, 2003, the then-Acting 

Administrator of the Drug Enforcement 

Administration (DEA) issued an Order 

to Show Cause/Immediate Suspension 

of Registration to Sheldon Kantor, 

D.P.M. (Dr. Kantor) of Hollywood, 

Florida. Dr. Kantor was notified of an 

opportunity to show cause as to why 

DEA should not revoke his DEA 

Certificate of Registration, AK4080545, 

as a practitioner, and deny any pending 

applications for renewal or modification 

of such registration pursuant to 21 

U.S.C. 823(f) and 824(a) for reason that 

his continued registration would be 

inconsistent with the public interest. Dr. 

Kantor was further notified that his DEA 

registration was immediately suspended 

as an imminent danger to the public 

health and safety pursuant to 21 U.S.C. 

824(d). 

The Order to Show Cause/Immediate 

Suspension alleged in relevant part, that 

during the week of February 24, 2003, 

and again on March 3, 2003, DEA 

received information from a registered 

distributor of controlled substances that 

Dr. Kantor had ordered and received 

large quantities of Schedule III and IV 

controlled substances. In response, DEA 

investigators presented Dr. Kantor with 

a Notice of Inspection, however, he 

refused to consent to the inspection. 

While speaking with investigators, Dr. 

Kantor admitted he had not maintained 

a log of controlled substances 

dispensed. When an investigator 

inquired as to the location of previously 

received controlled substances, Dr. 

Kantor stated that they were in the trunk 

of his car. He then refused to disclose 

the whereabouts of that vehicle. The 

Order to Show Cause alleged that Dr. 

Kantor also refused to consent to a 

subsequent inspection of his registered 

location. 

The Order to Show Cause alleged that 

Dr. Kantor had been convicted in federal 

court and sentenced to 21 months 

imprisonment, commencing March 23, 

2003, for his involvement in a scheme