75958 Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Notices

The firm plans to manufacture small

quantities of the listed controlled

substances to produce isotope labeled

standards for drug analysis.

No comments or objections have been

received. DEA has considered the

factors in Title 21, United States Code,

section 823(a) and determined that the

registration of Cambridge Isotope Lab to

manufacture the listed controlled

substances is consistent with the public

interest at this time. DEA has

investigated Cambridge Isotope Lab on a

regular basis to ensure that its continued

registration is consistent with the public

interest. These investigations have

included inspection and testing of the

company’s physical security systems,

audits of the company’s records,

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 28 CFR

0.100 and 0.104, the Deputy Assistant

Administrator, Office of Diversion

Control, hereby orders that the

application submitted by the above firm

for registration as a bulk manufacturer

of the basic classes of controlled

substances listed above is granted.

Dated: November 20, 2000.

John H. King,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 00–30932 Filed 12–4–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Manufacturer of Controlled

Substances; Notice of Registration

By Notice dated June 14, 2000, and

published in the Federal Register on

June 26, 2000, (65 FR 39430), Celgene

Corporation, 7 Powder Horn Drive,

Warren, New Jersey 07059, made

application by renewal to the Drug

Enforcement Administration (DEA) to

be registered as a bulk manufacturer of

methylphenidate (1724), a basic class of

controlled substance listed in Schedule

II.

The firm plans to manufacture

methylphenidate for product research

and development.

No comments or objections have been

received. DEA has considered the

factors in Title 21, United States Code,

section 823(a) and determined that the

registration of Celgene Corporation to

manufacture methylphenidate is

consistent with the public interest at

this time. DEA has investigated the

Celgene Corporation on a regular basis

to ensure that the company’s continued

registration is consistent with the public

interest. These investigations have

included inspection and testing of the

company’s physical security systems,

audits of the company’s records,

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 28 CFR

0.100 and 0.104, the Deputy Assistant

Administrator, Office of Diversion

Control, hereby orders that the

application submitted by the above firm

for registration as a bulk manufacturer

of the basic class of controlled substance

listed above is granted.

Dated: October 10, 2000.

John H. King,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 00–30933 Filed 12–4–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Manufacturer of Controlled

Substances; Notice of Registration

By notice dated June 29, 2000, and

published in the Federal Register on

July 14, 2000, (65 FR 43785), Chattem

Chemicals, Inc., 3801 St. Elmo Avenue,

Building 18, Chattanooga, Tennessee

37409, 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 below:

Drug Schedule

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

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

No comments or objections have been

received. The firm plans to bulk

manufacture amphetamine and

methamphetamine to produce products

for distribution to its customers.

DEA has considered the factors in title

21, United States Code, section 823(a)

and determined that the registration of

Chattem Chemicals, Inc. to manufacture

the listed controlled substances is

consistent with the public interest at

this time. DEA has investigated Chattem

Chemicals, Inc. on a regular basis to

ensure that the company’s continued

registration is consistent with the public

interest. These investigations have

included inspection and testing of the

company’s physical security systems,

audits of the company’s records,

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 28 CFR

0.100 and 0.104, the Deputy Assistant

Administrator, Office of Diversion

Control, hereby orders that the

application submitted by the above firm

for registration as a bulk manufacturer

of the basic classes of controlled

substances listed above is granted.

Dated: November 20, 2000.

John H. King,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 00–30937 Filed 12–4–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

The Church of the Living Tree; Notice

of Withdrawal of Denial of Application

On November 4, 1999, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause proposing to deny The

Church of the Living Tree’s application

for registration as a manufacturer of the

controlled substance marijuana.

Effective August 18, 2000, the DEA

Administrator, in his final order

published in the Federal Register, 65 FR

50567, denied the application for

registration, noting that The Church of

the Living Tree had not responded to

the Order to Show Cause.

By letter dated August 11, 2000, a

representative of The Church of the

Living Tree advised that he had in fact

properly submitted a timely request for

hearing. Photocopies of a United States

Postal Service Receipt for Certified Mail

and Domestic Return Receipt indicating

delivery accompanied the letter.

Inasmuch as it appears that The

Church of the Living Tree timely

requested a hearing in this matter, the

final order should not have issued. The

Deputy Administrator of the Drug

Enforcement Administration therefore

orders that the final order published

August 18, 2000, at 65 Fed. Reg. 50567

be, and it hereby is, rescinded, and this

matter is hereby remanded to the Office

of Administrative Law Judges, Drug

Enforcement Administration, for further

appropriate proceedings. This order is

effective December 5, 2000.

Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Notices 75959

Dated: November 21, 2000.

Julio F. Mercado,

Deputy Administrator.

[FR Doc. 00–30929 Filed 12–4–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Manufacturer of Controlled

Substances; Notice of Application

Pursuant to § 1301.33(a) of title 21 of

the Code of Federal Regulations (CFR),

this is notice that on September 15,

2000, Knoll Pharmaceutical Company,

30 North Jefferson Road, Whippany,

New Jersey 07981, 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

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

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

The firm plans to produce bulk

product and finished dosage units for

distribution to its customers.

Any other such applicant and any

person who is presently registered with

DEA to manufacture such substances

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: DEA

Federal Register Representative (CCR),

and must be filed no later than February

5, 2001.

Dated: November 20, 2000.

John H. King,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 00–30940 Filed 12–4–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 99–10]

Nicholas A. Sychak, d/b/a Medicap

Pharmacy; Revocation of Registration

The Deputy Administrator, Drug

Enforcement Administration (DEA),

issued an Order to Show Cause dated

December 14, 1998, to Nicholas A.

Sychak d/b/a Medicap Pharmacy

(Respondent), seeking to revoke the

Replacement’s DEA Certificate of

Registration, BM2751736, pursuant to

21 U.S.C. 824(a)(4); and to deny any

pending application for renewal of such

registration pursuant to 21 U.S.C. 823(f)

because the registration would be

inconsistent with the public interest as

defined by 21 U.S.C. 823(f). Specifically,

the Order to Show Cause alleged that:

(1) On June 20, 1996, DEA obtained

information that Nicholas A. Sychak,

R.Ph., the owner and operator of

Medicap Pharmacy, ordered large

quantities of various Schedule II

through IV controlled substances and

diverted these drugs to other

individuals for no legitimate medical

purpose; (2) Also on June 20, 1996, a

cooperating individual provided DEA

investigators with information that Mr.

Sychak was a known source of supply

for illegally diverted controlled

substances, and that drug dealers and

drug dependent individuals traveled to

Medicap Pharmacy to purchase large

quantities of controlled substances for

sums ranging from several hundred to

several thousand dollars per transaction;

(3) On August 8, 1997, a confidential

source, posing as a physician,

telephoned Mr. Sychak and placed a

fictitious prescription for sixty dosage

units of hydrocodone, a Schedule II

controlled substance, with no refills.

Mr. Sychak was aware the individual

calling in the prescription was not a

physician, but nevertheless filled the

prescription in exchange for cash. Mr.

Sychak also authorized two refills for

the prescription, even though

prescriptions for Schedule II controlled

substances may not be refilled; (4) Also

on August 8, 1997, the confidential

source placed another telephone call to

Mr. Sychak, posing as another

physician. When the confidential source

later arrived at Medicap Pharmacy, Mr.

Sychak directed that individual to

exhaust the refills under the first

physician’s name before using a second

physician’s name to obtain additional

prescriptions; (5) On August 22, 1997, a

confidential source, acting in an

undercover capacity, obtained the

remaining unauthorized refill of the

August 8, 1997, fraudulent hydrocodone

prescription from Mr. Sychak, again in

exchange for cash; (6) On September 5,

1997, a confidential source again posed

as a physician and telephoned Mr.

Sychak for a fictitious prescription for

sixty dosage units of hydrocodone. The

confidential source was also provided

with a blank prescription bearing

fictitious physician information. While

on Medicap Pharmacy’s premises, and

within the presence of Mr. Sychak, the

confidential source wrote out a

prescription for sixty tablets of Percocet,

a Schedule II controlled substance. Mr.

Sychak admonished the confidential

source for filling out the prescription in

the pharmacy, but filled the prescription

and also provided the confidential

source with sixty hydrocodone tablets;

(7) The DEA investigation revealed that

from June 1995 through October 1997,

Mr. Sychak and Medicap Pharmacy

illegally dispensed more than 5,700

dosage units of Percocet to one

individual. This individual presented

forged prescriptions attributed to a

physician and used the aliases ‘‘Walter

Kaczynski’’ and ‘‘Linda Kaczynski.’’

DEA subsequently verified that the

purported prescribing physician never

issued the prescriptions; (8) The DEA

investigation further revealed that Mr.

Sychak and Medicap Pharmacy

unlawfully dispensed a total of 5,255

dosage units of controlled substances to

another individual between July 17,

1997, and December 30, 1997, pursuant

to prescriptions purportedly issued by

two different physicians. DEA

subsequently verified that neither of

these two physicians authorized the

dispensing of these controlled

substances; (9) The DEA investigation

further revealed that between July 1997

and March 1998, Mr. Sychak and

Medicap Pharmacy unlawfully

dispensed a total of 7,225 dosage units

of various controlled substances, plus

48 ounces of Hydromet syrup, to two

individuals who utilized eight aliases

on prescriptions attributed to one

physician; (10) On April 24, 1998, a

confidential source acting in an

undercover capacity purchased two

prescription vials containing seventyfive dosage units of hydrocodone each

and one prescription vial containing

seventy-five dosage units of Vicodin, a

Schedule III controlled substance,

without a prescription, from Mr. Sychak

and Medicap Pharmacy in exchange for

$277.00 in cash. These prescription

vials listed three different aliases

previously used by the confidential

source. The DEA investigation

subsequently revealed that Mr. Sychak

created fraudulent records of this

transaction by indicating that these

drugs were dispensed to three different

individuals; (11) On April 24, 1998, an

additional confidential source illegally

obtained from Mr. Sychak and Medicap

Pharmacy two prescription vials

containing seventy-five hydrocodone

each and another vial containing sixty

hydrocodone in exchange for $281.00 in

cash. Mr. Sychak listed on the vials

three different aliases previously used

by the confidential source and created