58548 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 

Dated: September 8, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–21962 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Application 

Pursuant to 21 U.S.C. 958(i), the 

Attorney General shall, prior to issuing 

a registration under this section to a 

bulk manufacturer of a controlled 

substance in Schedule I or II and prior 

to issuing a registration under 21 U.S.C. 

952(a)(2)(b) authorizing the importation 

of such a substance, provide 

manufacturers holding registrations for 

the bulk manufacture of the substance 

an opportunity for a hearing. 

Therefore, in accordance with 21 CFR 

1301.34(a), this is notice that on July 21, 

2004, Tocris Cookson, Inc., 16144 

Westwoods Business Park, Ellisville, 

Missouri 63021–4500, made application 

by renewal to the Drug Enforcement 

Administration (DEA) for registration as 

an importer of Tetrahydrocannabinols 

(7370), a basic class of controlled 

substance listed in Schedule I. 

The company plans to import small 

quantities of the products for research 

purposes. 

Any manufacturer who is presently, 

or is applying to be, registered with DEA 

to manufacture such basic class of 

controlled substance may file comments 

or objections to the issuance of the 

proposed registration and may, at the 

same time, file a written request for a 

hearing on such application pursuant to 

21 CFR 1301.43 and in such form as 

prescribed by 21 CFR 1316.47. 

Any such comments or objections or 

requests for hearing 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 (30 days from publication). 

This procedure is to be conducted 

simultaneously with and independent 

of the procedures described in 21 CFR 

1301.34(b), (c), (d), (e) and (f). As noted 

in a previous notice published in the 

Federal Register on September 23, 1975, 

(40 FR 43745–46), all applicants for 

registration to import a basic class of 

any controlled substances in Schedule I 

or II are and will continue to be required 

to demonstrate to the Deputy Assistant 

Administrator, Office of Diversion 

Control, Drug Enforcement 

Administration, that the requirements 

for such registration pursuant to 21 

U.S.C. 958(a), 21 U.S.C. 823(a), and 21 

CFR 1301.34(b), (c), (d), (e) and (f) are 

satisfied.

Dated: September 16, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21942 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Value Wholesale Denial of Registration 

On September 8, 2003, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Value Wholesale 

(Value) proposing to deny its November 

6, 2001, application for DEA Certificate 

of Registration as a distributor of list I 

chemicals. The Order to Show Cause 

alleged that granting Value’s application 

would be inconsistent with the public 

interest, as that term is used in 21 U.S.C. 

823(h) and 824(a). The order also 

notified Value that should no request for 

a hearing be filed within 30 days, its 

hearing right would be deemed waived. 

According to the DEA investigative 

file, the Order to Show Cause was sent 

by certified mail to Value at its 

proposed registered location at 15188 

Eight Mile Road, Oak Park, Michigan 

48237. It was received on September 16, 

2003, and DEA has not received a 

request for a hearing or any other reply 

from Value or anyone purporting to 

represent the company in this matter. 

Therefore, the Deputy Administrator 

of DEA, finding that (1) thirty days have 

passed since delivery of the Order to 

Show Cause, and (2) no request for a 

hearing having been received, concludes 

that Value has waived its hearing right. 

See Aqui Enterprises, 67 FR 12576 

(2002). After considering relevant 

material from the investigative file, the 

Deputy Administrator now enters her 

final order without a hearing pursuant 

to 21 CFR 1309.53(c) and (d) and 

1316.67 (2003). The Deputy 

Administrator finds as follows: 

List I chemicals are those that may be 

used in the manufacture of a controlled 

substance in violation of the Controlled 

Substances Act. 21 U.S.C. 802(34); 21 

CFR 1310.02(a). Pseudoephedrine and 

ephedrine are list I chemicals 

commonly used to illegally manufacture 

methamphetamine, a Schedule II 

controlled substance. 

Phenhylpropanolamine, also a list I 

chemical, is presently a legitimately 

manufactured and distributed product 

used to provide relief of the symptoms 

resulting from irritation of the sinus, 

nasal and upper respiratory tract tissues, 

and is also used for weight control. 

Phenylpropanolamine is also a 

precursor chemical used in the illicit 

manufacture of methamphetamine and 

amphetamine. Methamphetamine is an 

extremely potent central nervous system 

stimulant, and its abuse is an ongoing 

public health concern in the United 

States. 

The Deputy Administrator’s review of 

the investigative file reveals that an 

application dated November 6, 2001, 

was submitted on behalf of Value and 

signed by its President and only officer, 

Mr. John Loussia (Mr. Loussia). Value 

sought registration as a distributor of 

multiple list I chemicals, including 

pseudoephedrine (8112) and 

phenylpropanolamine (1225). There is 

no evidence in the investigative file that 

Value has sought to modify its pending 

application with regard to those two 

chemicals. 

In January 1999, Value originally 

applied for DEA registration as a 

distributor of list I chemicals and during 

a pre-registration investigation, it was 

determined the company had been 

buying and selling list I chemical 

products for a number of years prior to 

filing this application for registration. 

However, on February 5, 1999, that 

application was approved and Value 

issued DEA Certificate of Registration 

004000VHY.

On October 31, 2001, during the 

course of a regularly scheduled cyclic 

investigation, it was discovered Value’s 

registration had expired, effective May 

31, 2000, without any application for 

renewal having been filed. Nevertheless, 

investigators found that the firm had 

continued to order and sell list I 

chemical products after its registration 

had expired. Investigators also 

discovered Value had not been 

maintaining adequate or complete 

records of customer addresses as 

required by 21 CFR 1310.06. A DEA 

letter of admonition was issued the 

company and in reply, Mr. Loussia 

advised he would be submitting the 

instant application for registration and 

not be carrying list I chemical products 

until its approval. 

In connection with the pending 

application, an on-site pre-registration 

investigation was conducted in March 

2002. Mr. Loussia advised investigators 

that Value was a full-line wholesaler/

distributor of groceries to local food