58542 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 

to defraud the Medicare program of over 

one million dollars. The Order to Show 

Cause also outlined how one of Dr. 

Kantor’s patient files revealed his 

distribution of large quantities of 

Schedule III and IV controlled 

substances to a single patient over a 

seven month period, including 19,200 

dosage units of hydrocodone and four 

prescriptions for OxyContin, a Schedule 

II controlled substance, to that same 

patient. When DEA investigators 

executed a search warrant of the 

patient’s residence on March 12, 2003, 

the search revealed the patient had 

several bottles of 100-count 

hydrocodone tablets. However, the vast 

majority of hydrocodone tablets, as well 

as other controlled substances, could 

not be accounted for. 

According to the investigative file, the 

Order to Show Cause/Immediate 

Suspension of Registration was 

personally delivered to Dr. Kantor on 

March 31, 2003, at a federal detention 

center in Miami, Florida. More than 

thirty days have passed since the Order 

to Show Cause/Immediate Suspension 

of Registration was served on Dr. Kantor 

and DEA has not received a request for 

hearing or any other reply from Dr. 

Kantor or anyone purporting to 

represent him in this matter. 

Therefore, the Deputy Administrator 

of DEA, finding that (1) thirty days 

having passed since the delivery of the 

Order to Show Cause/Immediate 

Suspension of Registration to Dr. 

Kantor, and (2) no request for hearing 

having been received, concludes that Dr. 

Kantor is deemed to have waived his 

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 Dr. 

Kantor is currently registered with DEA 

as a practitioner under DEA 

Registration, AK4080545, in Schedules 

II through V. That registration expires 

on December 31, 2004. At the time DEA 

initiated action to revoke his DEA 

registration, Dr. Kantor was licensed 

under Florida law as a podiatrist. 

However, following the issuance and 

delivery of the Order to Show Cause/

Immediate Suspension of Registration, 

the Deputy Administrator obtained a 

copy of a Final Order adopted by the 

State of Florida, Board of Podiatric 

Medicine (Board) on November 20, 

2003. A review of the Final Order 

reveals that on the above date, the Board 

permanently revoked Dr. Kantor’s 

license of podiatry. 

The investigative file contains no 

evidence that the Board’s Final Order 

revoking Dr. Kantor’s podiatry license 

has been lifted, stayed or that his license 

has been reinstated. Therefore, the 

Deputy Administrator finds that Dr. 

Kantor is not currently authorized to 

practice medicine in the State of Florida 

and as a result, it is reasonable to infer 

that 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). 

Here, it is clear Dr. Kantor’s podiatry 

license has been revoked and therefore, 

he is not currently licensed to handle 

controlled substances in Florida, the 

state where he maintains a DEA 

controlled substance registration. 

Therefore, Dr. Kantor is not entitled to 

a DEA registration in that state. Because 

Dr. Kantor is not entitled to a DEA 

registration in Florida due to his lack of 

state authorization to handle controlled 

substances, the Deputy Administrator 

concludes it is unnecessary to address 

whether his registration should be 

revoked based upon the 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., 62 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, AK 4080545, issued to 

Sheldon Kantor, D.P.M. 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. 04–21965 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated May 18, 2004, and 

published in the Federal Register on 

June 3, 2004, (69 FR 31412–31413), 

Abbott Laboratories, DBA Knoll 

Pharmaceutical Company, 30 North 

Jefferson Road, Whippany, New Jersey 

07981, made application by renewal to 

the Drug Enforcement Administration 

(DEA) to be registered as a bulk 

manufacturer of the basic classes of 

controlled substances listed:

Drug Schedule 

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

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

The company plans to manufacture 

bulk product and finished dosage units 

for distribution to its customers. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of 

Abbott Laboratories to manufacture the 

listed basic classes of controlled 

substances is consistent with the public 

interest at this time. DEA has 

investigated Abbott Laboratories to 

ensure that the company’s registration is 

consistent with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed.

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21952 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 22, 2004, Lifepoint, 

Inc., 10400 Trademark Street, Rancho 

Cucamonga, California 91730, made 

application by renewal to the Drug 

Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 58543

Enforcement Administration (DEA) for 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed:

Drug Schedule 

Tetrahydrocannabinols (7370) ..... I 

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

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

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

Ecgonine (9180) ........................... II 

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

The company plans to produce small 

quantities of controlled substances for 

use in drug test kits. 

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. 04–21946 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated March 29, 2004, and 

published in the Federal Register on 

April 29, 2004, (69 FR 23538), Lonza 

Riverside, 900 River Road, 

Conshohocken, Pennsylvania 19428, 

made application by renewal to the 

Drug Enforcement Administration 

(DEA) for registration as a bulk 

manufacturer of the basic classes of 

controlled substances listed below:

Drug Schedule 

Gamma hydroxybutyric acid 

(2010).

I 

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

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

The company plans to manufacture 

bulk products for the manufacture of 

finished dosage units for distribution to 

its customers. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of 

Lonza Riverside to manufacture the 

listed basic classes of controlled 

substances is consistent with the public 

interest at this time. DEA has 

investigated Lonza Riverside to ensure 

that the company’s registration is 

consistent with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed.

Dated: September 8, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21950 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 section 1301.33(a) of Title 

21 of the Code of Federal Regulations 

(CFR), this is notice that on August 19, 

2004, Mallinckrodt Inc., Mallinckrodt & 

Second Streets, St. Louis, Missouri 

63147, made application by letter to the 

Drug Enforcement Administration 

(DEA) for registration as a bulk 

manufacturer of Remifentanil (9739), a 

basic class of controlled substance in 

Schedule II. 

The firm plans to manufacture the 

listed controlled substance for dosage 

form manufacture and for distribution 

in bulk form. 

Any other such applicant and any 

person who is presently registered with 

DEA to manufacture such as substance 

may file comments or objections to the 

issuance of the proposed registration. 

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: 

Federal Register Representative, Office 

of Chief Counsel (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. 04–21943 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration; 

Correction 

By Notice dated March 5, 2004, and 

published in the Federal Register on 

March 15, 2004, (69 FR 12179), 

Mallinckrodt Inc., Mallinckrodt & 

Second Streets, St. Louis, Missouri 

63147, made application by renewal to 

the Drug Enforcement Administration 

(DEA) to be registered as a bulk 

manufacturer of Morphine (9300), a 

basic class of Schedule II controlled 

substance. The drug code was 

inadvertently dropped during the 

preparation of the Notice of Registration 

dated July 28, 2004 and published in the 

Federal Register on August 18, 2004 (69 

FR 51331). 

The company plans to manufacture 

the basic class of controlled substance 

for internal use and for sale to other 

companies. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of 

Mallinckrodt Inc. to manufacture 

Morphine is consistent with the public 

interest at this time. DEA has 

investigated Mallinckrodt Inc. to ensure 

that the company’s registration is 

consistent with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

Morphine (9300).

Dated: September 16, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21941 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M