[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Page 7221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03298]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Taylor Animal Shelter; Order

    On October 4, 2017, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration, issued an Order to 
Show Cause proposing the revocation of the DEA Certificate of 
Registration issued to Taylor Animal Shelter of Taylor, Michigan 
(Respondent). GX 1, at 1. The basis of the proposed action was that, on 
June 30, 2017, Respondent's Michigan Controlled Substance Sodium 
Pentobarbital Facility license lapsed, and thus, it was ``currently 
without authority to handle controlled substances in the State of 
Michigan, the [S]tate in which [it is] registered with the'' Agency. 
Id.; see also 21 U.S.C. Sec.  824(a)(3).
    Following service of the Show Cause Order, Respondent submitted a 
timely written statement of position with exhibits while waiving its 
right to a hearing. In its position statement, Respondent represented 
that its state controlled substances registration was renewed on 
October 30, 2017. Resp.'s Statement at 3, ] 10. Respondent attached a 
copy of a document which states that it is a ``Sodium Pentobarbital 
Permit for Practice of Animal Euthanasia (Facility Permit).'' Resp.'s 
Statement, at Exhibit E. While much of this document is unreadable, and 
it is unclear from the document when this permit was issued or expires, 
Respondent provided an affidavit of the Operations Manager for the 
Department of Public Works of the City of Taylor, Michigan, which 
states that on October 30, 2017, he received the renewed state license 
for the facility. Affidavit of Matt Bonza, at 2. Moreover, the 
Government does not dispute that the facility has re-obtained state 
authority to dispense controlled substances. Request for Order 
Dismissing Order to Show Cause, at 2.
    As the Government acknowledges, the sole basis for seeking 
revocation of Respondent's DEA registration was ``its lack of state 
authority to handle controlled substances'' and ``this ground for 
revocation no longer exists.'' Id. The Government thus seeks an order 
dismissing the Order to Show Cause. Id. at 3. Accordingly, I will grant 
the Government's request and dismiss the Order to Show Cause. Id.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824 and 28 CFR 
0.100(b), I order that the Order to Show Cause issued to Taylor Animal 
Shelter be, and it hereby is, dismissed. This Order is effective 
immediately.

    Dated: February 6, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018-03298 Filed 2-16-18; 8:45 am]
 BILLING CODE 4410-09-P